§ 34-3. Applicability of chapter provisions and exemptions.

(a)

The provisions of this chapter are applicable to all development and/or redevelopment within the jurisdiction of the town, except for land disturbance associated with investigation services, (i.e. lot or boundary survey), the evaluation of a property for septic suitability, or repair of existing septic systems.

(b)

No development activity, including clearing, grading of a lot, the deposition of fill or the stockpiling of material for future use, shall occur except in compliance with the provisions, conditions, and limitations of a land disturbance permit as issued by a zoning administrator. Other permits and plans may also be required, such as a floodplain permit, a sedimentation and erosion control permit, responsibility form, or sedimentation and erosion control plan, zoning, and building permits, in accordance with federal, state or local laws.

(c)

The applicable permit shall govern the design, installation, and construction of stormwater management and control practices on the site. Compliance after project construction is governed by the maintenance provisions of this ordinance and may require submission of a maintenance report upon request of the town.

(d)

The town shall establish a fee schedule and stormwater review policy which may be amended and updated at the board of commissioner's direction.

(e)

Applications must be complete and submitted to the planning department along with the appropriate fee established pursuant to this section. If the stormwater administrator or his or her designee finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. Before a land disturbance permit application is deemed complete, the town or the applicant may request a consultation on a concept for the post-construction stormwater management system to be utilized in the proposed development project.

(f)

Upon completion of a project, and before a certificate of compliance may be granted, the applicant shall certify that best management practices have been constructed in accordance with the approved stormwater management plans. Best management practices shall be documented on the construction record filed with the town for certificates of compliance.

(g)

Installation of all stormwater management practices installed under the requirements of this ordinance shall be made prior to certificate of compliance unless financially guaranteed. The town may enter into an agreement with the permit holder whereby the permit holder shall agree to complete all required improvements as specified on the approved land disturbance permit or stormwater plan, within a reasonable timeframe as determined by the town. To secure this agreement, the permit holder shall provide a guarantee not exceeding 1.25 times (or 125 percent of) the projected cost of the improvements in the form of a performance bond with cost estimates to be reviewed and approved by the town engineer. The surety performance bond shall be obtained from a surety bonding company authorized to do business in North Carolina and shall be payable to the Town of Nags Head. The duration of the bond shall be until such time as the improvements are approved by the town, or three years.

(h)

An approved land disturbance permit expires if work does not commence within six months of the date of issuance, or if work is discontinued for a period of more than one year, or the expiration or completion of a building permit. A new land disturbance permit shall be obtained to replace the expired permit before work can commence or re-commence unless the planning director grants a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.