§ 34-1. Purpose of chapter.

The purpose of this chapter is to proactively protect, maintain and enhance the public health, safety, environment and general welfare by establishing requirements and procedures to control the adverse effects of fill, land disturbance and increased post-development stormwater runoff for the purposes of both water quantity management for flood prevention and water quality protection with the goals to:

(1)

Control and minimize impacts associated with stormwater runoff from all development and redevelopment.

(2)

Mitigate current stormwater problems and prevent future problems associated with stormwater runoff.

(3)

Preserve water quality through proactive management practices.

(4)

Facilitate public understanding of stormwater management.

(5)

Encourage the use of pilings and open foundations and minimize the use of fill, consistent with FEMA's coastal construction recommendations.

(6)

Improve stormwater management through use of low impact development techniques.

(7)

Establish requirements for on-going management and maintenance of stormwater management practices.

(8)

Establish application and enforcement procedures that address land disturbance, sedimentation and erosion control, the use of fill, and stormwater management practices consistent with associated town ordinances and state and federal laws and regulations, to include:

a.

Soil erosion and sedimentation control provisions (chapter 28 of this Code);

b.

Excavations (chapter 18 of this Code);

c.

Flood damage prevention provisions (article II, chapter 22 of this Code);

d.

NCDENR stormwater management (NCAC T15: 02H .1000);

e.

NCDENR soil erosion and sedimentation control (G.S. 113A-50—113A-71);

f.

NCDENR and Dare County Health Department subsurface, ground-absorption wastewater effluent disposal (NCAC T15A: 18A. 1900).

9.

Establish public awareness of potential surface and subsurface water drainage problems recognizing that development potential of some land may be limited.

10.

Regulate development and redevelopment which may create additional stormwater related burdens to the town or adjacent properties.

11.

Cause every development and redevelopment employing stormwater management practices to develop a maintenance plan, and place responsibility for maintenance with the property owners.