Sussex County, DE
 
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Table of Contents
Table of Contents
[HISTORY: Adopted by the County Council of Sussex County 6-18-1991 by Ord. No. 769. Amendments noted where applicable.]
GENERAL REFERENCES
Building construction — See Ch. 52.
Lot maintenance — See Ch. 80.
Subdivision of land — See Ch. 99.
Zoning — See Ch. 115.

§ 90-1 Title.

This chapter shall be known and referred to and cited as the "Sediment Control and Stormwater Management Ordinance of Sussex County, Delaware."

§ 90-2 Authority.

The Sussex County Council, by authority of Chapter 40, Title 7, Delaware Code Annotated, hereby adopts this chapter on sediment control and stormwater management, regulating the issuance of building and grading permits, permit suspensions and revocations, filing of maintenance agreements and easements and performance bond requirements.

§ 90-3 Purpose.

The purpose of this chapter is to protect, maintain and enhance the public health, safety and general welfare by establishing minimum requirements and procedures to control the adverse impacts associated with sediment and modified stormwater characteristics. Proper implementation and maintenance of sediment control and stormwater management will minimize adverse impacts to public and private property, reduce the impacts that the developmental process has on land and stream channel erosion, assist in the maintenance of water quality standards, reduce the potential for localized flooding and maintain after development, to the extent that it can be maintained, the predevelopment runoff characteristics.

§ 90-4 Basis for implementation.

The provisions and requirements contained in the Sussex Conservation District Sediment Control and Stormwater Management Program and Handbook, as shall be amended from time to time, shall be the basis for the implementation of this chapter.

§ 90-5 Plan required for building permit; exemptions.

No building permit shall be issued by Sussex County unless a sediment control and stormwater management plan has been approved by the Sussex Conservation District as meeting all the requirements of the Sussex Conservation District Sediment Control and Stormwater Management Program and Handbook, including an inspection and maintenance agreement.
A. 
Standard plans. On private single-family residential construction, a standard plan for sediment control and stormwater management signed by the builder shall be required on land-disturbed areas one (1) acre in size or less. Standard plans shall also apply to forest harvest operation and utility projects disturbing five thousand (5,000) square feet of land or more.
B. 
Detailed plans. A detailed sediment control and stormwater management plan, approved by the District, shall be required for all residential construction with disturbed land areas in excess of one (1) acre in size and for all other commercial, recreational, industrial or institutional construction, without regard to size.
C. 
Exemptions. The provisions of this chapter shall not apply to the following:
(1) 
Agricultural land management practices unless the Conservation District determines that the land requires a new or updated soil and water conservation plan and the owner or operator of the land has refused either to apply to a Conservation District for the development of such a plan or to implement a plan developed by a Conservation District.
(2) 
Utility projects disturbing less than five thousand (5,000) square feet of land.

§ 90-6 Suspension and revocation of permit.

Any grading or building permit issued by the County may be suspended or revoked upon request by the Sussex Conservation District and a new sediment control and stormwater plan required to be submitted to the District for approval after written notice is given by the District to the permittee for any of the following reasons:
A. 
Any violation or violations of the conditions of the sediment control and stormwater management plan approval.
B. 
Changes in site runoff characteristics upon which a waiver was granted.
C. 
Construction which was not in accordance with the approved plans. The land-disturbed area was enlarged beyond that shown on the originally approved plan.
D. 
Noncompliance with correction notice or notices or stop-work orders by the Department of Natural Resources and Environmental Control.
E. 
An immediate danger exists in a downstream area in the opinion of the District.
F. 
The District determines it is necessary and appropriate in order to more fully effect the purposes and intents of this chapter.

§ 90-7 Inspection and maintenance agreement.

A. 
Prior to the issuance of any building permit for which stormwater management is required, the District shall require the applicant or owner of the land to execute an inspection and maintenance agreement binding on all subsequent owners of land served by the private stormwater management pond. Infiltration, sediment control and vegetative cover maintenance are the responsibility of the individual landowners. Such agreement shall provide for access to the facility at reasonable times for regular inspection by the Department of Natural Resources and Environmental Control or the District or its authorized representative. Deed restrictions applicable within subdivisions shall include provisions for the maintenance by the property owners for the facility to ensure that the facility is maintained in proper working condition to meet the design standards and any provisions established by the District. Access rights-of-way shall, to the extent possible, be in easements for utilities.
B. 
The agreement shall be recorded by the applicant in the land records of Sussex County.[1]
[1]
Editor's Note: Former § 90-8, Performance bond and guaranties, which immediately followed this section, was repealed 11-19-2013 by Ord. No. 2326. Said ordinance provided an effective date of 1-1-2014.