Flood control, groundwater recharge, and pollutant
reduction through nonstructural or low impact techniques shall be
explored before relying on structural best management practices (BMPs).
Structural BMPs should be integrated with nonstructural stormwater
management strategies and proper maintenance plans. Nonstructural
strategies include both environmentally sensitive site design and
source controls that prevent pollutants from being placed on the site
or from being exposed to stormwater. Source control plans should be
developed based upon physical site conditions and the origin, nature,
and the anticipated quantity or amount of potential pollutants. Multiple
stormwater management BMPs may be necessary to achieve the established
performance standards for water quality, quantity, and groundwater
recharge.
It is the purpose of this article to establish minimum stormwater management requirements and controls for major development, as defined in §
185-4.
Development approvals issued for subdivisions
and site plans pursuant to this article are to be considered an integral
part of development approvals under the subdivision and site plan
review process and do not relieve the applicant of the responsibility
to secure required permits or approvals for activities regulated by
any other applicable code, rule, act, or ordinance. In their interpretation
and application, the provisions of this article shall be held to be
the minimum requirements for the promotion of the public health, safety,
and general welfare. This article is not intended to interfere with,
abrogate, or annul any other ordinances, rules or regulations, statutes,
or other provision of law except that, where any provision of this
article imposes restrictions different from those imposed by any other
ordinance, rule or regulation, or other provision of law, the more
restrictive provisions or higher standards shall control.
This article shall take effect immediately upon
the approval by the county review agency, or 60 days from the receipt
of the ordinance by the county review agency if the county review
agency should fail to act.
If the provisions of any section, subsection,
paragraph, subdivision, or clause of this article shall be judged
invalid by a court of competent jurisdiction, such order of judgment
shall not affect or invalidate the remainder of any section, subsection,
paragraph, subdivision, or clause of this article.
All ordinances or parts of ordinances inconsistent
with the provisions of this article are hereby repealed to the extent
of such inconsistency.