[HISTORY: Adopted by the County Council of
Sussex County 6-18-1991 by Ord. No. 769. Amendments noted where
applicable.]
This chapter shall be known and referred to
and cited as the "Sediment Control and Stormwater Management Ordinance
of Sussex County, Delaware."
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.
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.
[Amended 3-28-2017 by Ord. No. 2489]
[Amended 3-28-2017 by Ord. No. 2489]
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 meeting all of the applicable requirements of the Delaware Sediment and Stormwater Regulations and Chapter 99, Articles I, III, V and VI, including an inspection and maintenance agreement, and an individual grading plan meeting all requirements of the Sussex County Drainage and Grading Requirements. No certificate of occupancy shall be issued without the submission of a lot grading certificate meeting all requirements of the Sussex County Drainage and Grading Requirements.
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.
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.
