NCS000431_Stormwater Administrative Manual_20090301

City of Conover
Administrative Manual for the
Phase II Stormwater Ordinance
March 2009

TABLE ur CONTENTS
SECTION1: Introduction and Purpose.....................................................................................4
1.1 Introduction to the Administrative Manual............................................................6.4
1.2 Purpose of Administrative Manual...........................................................................4
1.3 Effective Date, I 1 4 1 9910 0 0 0 0 1 0 0 0 0 1 1 1 1 1 1 1 1 1 1 1 1 ......... 44 1 1 1 1 1 1 1 1 1 1 0 0 4 0 0 0 0 0 0 0 0 0 1 1 1 0 9 0 0 1 1 1 1 1 1 1 1 1 It 04
1.4
Stormwater Administrator........................................................................................4
1.5
Process for Amending the Administrative Manual..................................................4
SECTION
2:
Planning Board Review..........................................................................................5
2.1
Planning Board Approval.........................................................................................5
SECTION3:
Stormwater BMP Manual.....................................................................................5
3.1
Use of BMP Manual Required.................................................................................5
SECTION
4:
Concept Plan and Consultation Meeting (if requested)......................................5
4.1
Purpose of Concept Plan and Consultation Meeting,,,,,,",,,,,,. ............... 1111111111111111115
SECTION
5:
Overview of Submittal and Approval Process.........................................6
5.1
Stormwater Management Plan Submittals Checklist'....,..,...".,. 1490M46
SECTION
6:
Storm Water Management Permit......................................................................7
6.1
Purpose of Storm Water Management Permit. 0 4 1 1 1 0 0 4 1 0 0 1 4 0 0 1 4 0 8 M 0 4 4 0 1 1 1 0
1 1 1 1 1 7
6.2
Application for Storm Water Management Permit. ...................................1
7
SECTION7:
Stormwater Agreement........................................................................................8
T I
Purpose of Stormwater Agreement........................................................................8
7.2
Operation and Maintenance Manual. 0 4 9 0 0 0 0 0 0 0 0 0 4 0 0 1 1
*#,,8
7.3
Annual Maintenance and Inspection Report ..........................................................8
1•a

SECTION 8: Final Plat and Access Agreement........................................................9
8.1 Purpose of Final Plat..............................................................................................19
8.2 Notes on Final Plat..................................................................................................9
8.3 Access Easement on Final Plat...............................................................................9
8A Written Access Easement.....",",,,,. ............... '10
SECTION 9: Securities for Installation and Maintenance...........................................10
9.1 Purpose of a Security............................................................................................10
9.2 Security Submittals and Amounts.,,,,,,...,,", ............... 010
9.3 Release of Construction Performance Security....................................................11
SECTION 10: As -Built Submittals............... 606 @domed Dow 005 5.6 see 549418400 5194990611
10.1 As Builts......................................................................................................11
SECTION 11: Low Density Projects...........................................................................................11
11.1 Deed Restrictions and Protective Covenants...............................................11
3

City of Conover Phase II Stormwater Administrative Manual
SECTION 1: INTRODUCTIONAND PURPOSE
1.1 INTRODUCTION
The National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater
program was created by the passage of amendments to the Clean Water Act (CWA). The
objective of the CWA was to restore and maintain the chemical, physical, and biological
integrity of the nation's surface waters.
The City of Conover (herein after referred to as the City) was issued a permit to discharge
stormwater to the nation's surface waters effective August 01, 2005. A requirement of
this permit was that the City adopts a Phase II Stormwater Ordinance to control the
adverse effects of polluted stormwater runoff associated with new development and
redevelopment projects. The Phase II Stormwater ordinance was effective November
2007.
Questions regarding the Phase II Stormwater Ordinance or the Administrative Manual
should be directed to the City's Planning Department at 828 4644 191 0
1.2 PURPOSE
The purpose of this Administrative Manual is to provide guidance for the implementation
and administration of the Phase II Stormwater Ordinance. The Administrative Manual
includes an overview of the submittal and approval processes necessary to obtain a
stormwater management permit for the stormwater management and control practices on a
site that is being developed or redeveloped.
1.3 EFFECTIVE DATE
The Administrative Manual will be effective March O1, 2009.
1.4 STORMWATER ADMINISTRATOR
The person responsible for administering and enforcing the Phase II Stormwater
Ordinance is the Stormwater Administrator. The powers and duties for the Stormwater
Administrator are specified in the Phase II Stormwater Ordinance.
1.5 PROCESS FOR AMENDING THE ADMINISTRATIVE MANUAL
The Administrative Manual maybe updated as required. The Stormwater Administrator
is responsible for all amendments to the Administrative Manual. All policy related
changes to the Manual require approval by the City Council.

City of Conover Phase II Stormwater Administrative Manual
SECTION 2: PLANNING BOARD REVIEW
2.1 PLANNING BOARD APPROVAL
Some projects require inal approval by the City Planning Board. After approval by
the Planning Board, the requirements for approval of stormwater management plan
submittals are outlined in the sections that follow.
SECTION 3: STORMWATER BMP MANUAL
3.1 USE OF BMP MANUAL REQUIRED
The City has adopted the Stormwater Best Management Practice (BMP) Manual
(Design Manual) published by the North Carolina Department of Environment and
Natural Resources, Division of Water Quality (NCDENR, DWQ). The latest edition
of the Design Manual shall be used for the design of any stormwater BMPs that are
apart of the project design submittal.
The Design Manual is available for review or downloading at the following website:
ttp:Hh2o.enr.state.nc.us/su/bmp_forms.htm
SECTION 4: CONCEPT PLANAND CONSULTATIONMEETING (IFREQUESTED)
4.1 PURPOSE OF CONCEPT PLAN AND CONSULTATION MEETING
The land owner, the land owner's duly authorized agent, or anyone having interest in the
property by reason of a written contract with the owner may request a consultation meeting
to discuss a proposed Concept Plan for the stormwater management system to be utilized
in the proposed development project.
The purpose of the Concept Plan is to demonstrate how a proposed development prof ect shall
comply with the post -construction requirements of the City's Phase II Stormwater
Ordinance. The Concept Plan is not a detailed design but is meant to provide the basic
information necessary for the reviewer to understand the approach to be taken to stormwater
management, and to ensure that compliance with Phase II Stormwater Ordinance
requirements can be achieved by the proposed development project.
The consultation meeting should take place before final site design engineering
commences. The purpose of this meeting is to discuss the post -construction stormwater
management measures necessary for the proposed project. Local watershed plans and
other relevant resource protection plans may be discussed during the consultation
meeting. The consultation meeting to review the Concept Plan shall be scheduled with
the City's Planning Department at 828 4644191 a

City of Conover Phase II Stormwater Administrative Manual
SECTION S: OVERVIEW OF SUBMITTAL AND APPROVAL PROCESS
5.1 STORMWATER MANAGEMENT PLAN SUBMITTALS CHECKLIST
Submittals Required
* indicates that a standard form is to be used
Administrative
Manual
Section
Stormwater
Ordinance
Section
1
Stormwater Management Permit Application and fee*
6
30.2
A,D
2
Design Drawings
6
30.3
3
Stormwater Calculations
6
30.3
4
Design Checklists from NCDENRDesi n Manual*
6
30.3
Construction Performance Security
9
50.4
A
6
Operation and Maintenance Manual
7
50.2
A
Stormwater Agreement w/ Addenda*
7
50.2
A
8
Written Access Easement*
9
50.2
A
9
Final Plat with Access Easement Shown
8
50.5
A
10
Certified As -Built Drawings
10
30.3
C
11
Maintenance Security
9
50.4
A
12
Annual Inspection Report*
7
50.1
Note: Standard forms are available in the City's Planning Department and on the City's
website at www.conoverne.gov.All submittals listed above are to be made to the City
Planning Department.
Items 14, the Stormwater Management Permit Application and fee, Design Drawings,
Stormwater Calculations, and Design Checklists) from the Design Manual (latest edition)
must be submitted to begin the review and approval process.
Item 5, the Construction Performance Security must be submitted before onsite
construction begins. The amount of the construction performance security will be 125% of
the total estimated construction cost for the complete installation of the BMP(s).
Items 6-9, Operation and Maintenance Manual, Stormwater Agreement with Addenda,
Written Access Easement, and Final Plat with Access Easement shall be recorded at the
Register of Deeds' office. The land owner shall pay the document recording fee.
Items 6-13, Operation and Maintenance Manual, Stormwater Agreement with Addenda,
Written Access Easement, Final Plat with Access Easement, Certified As -Built Drawings,
and Maintenance Security must be submitted and approved before a Certificate of
Occupancy can be issued.
Item 14, Annual Inspection Report must be submitted on/or before the first and each
subsequent anniversary of the as -built certification.

City of Conover Phase II Stormwater Administrative Manual
SECTION 6: STORMWA TER MANAGEMENT PERMIT
6.1 PURPOSE OF STORMWATER MANAGEMENT PERMIT
The purpose for issuance of the Stormwater Management Permit is to provide a
mechanism for the review and approval of the method to be used for the management
and control of stormwater for a development or redevelopment site to ensure that it is
consistent with the requirements of the Phase II Stormwater Ordinance, A Stormwater
Management Permit is required for all development and redevelopment projects unless the
project is exempt pursuant to the Phase II Stormwater Ordinance Section 20.1. No land
development activity, including land clearing and grading, can be initiated for such
development or redevelopment until a Stormwater Management Permit has been issued
by the Stormwater Administrator. A Stormwater Management Permit shall govern the
design, installation, and construction of storm water management and control practices on
the site, including structural BMPs and elements of site design for storm water
management other than structural BMPs. Compliance after project completion is assured
by the maintenance provisions of the Phase II Stormwater Ordinance.
The purpose of the stormwater Management Pernut Application is to demonstrate how
post -construction stormwater runoff shall be controlled and managed and how the
proposed project shall meet the requirements of the Phase II Stormwater Ordinance. A
properly submitted, reviewed, and approved Stormwater Management Permit Application is
required for the issuance of a Stormwater Management Permit. The content and form of
the Stormwater Management Permit Application shall be established by the Stormwater
Administrator.
All design drawings, calculations, and design checklists submitted with the application shall
be prepared by a registered North Carolina professional engineer, surveyor, soil scientist, or
landscape architect in accordance with Section 30.3 (B) of the Phase II Stormwater
Ordinance. The engineer, surveyor, soil scientist, or landscape architect shall perform
services only in their area of competence, and shall verify that the design of all storm
water management facilities and practices meet the submittal requirements for complete
applications, that the designs are sufficient to comply with applicable standards and
poficies found in the Design Manual, and that the designs ensure compliance with the
Phase II Stormwater Ordinance.
The Stormwater Administrator shall review the stormwater management permit
application submittal within 10 working days after a complete application with fee is
submitted. Upon review and approval of the stormwater management permit application,
design drawings, stormwater calculations, and design checklists, a stormwater
management permit will be issued to the owner (or owner's agent) with a copy to the
designer. Land development activities may not begin until the stormwater management
permit is issued.
6.2 APPLICATION FOR STORMWATER MANAGEMENT PERMIT
A copy of the standard stormwater Management Permit Application Form shall be
furnished by the City. The design drawings, stormwater calculations, and the design
checklists) from the Design Manual must be submitted with the Stormwater
Management Permit Application Form/Fee in order for the submittal to be complete.
7

City of Conover Phase II Stormwater Administrative Manual
The Stormwater Management Plan Review fee is $100.00 and must be submitted
with the application form. In addition, applicants are responsible for reimbursing the
cost of City engineer review fees for the submitted stormwater BMPs associated with
the project. Applicant will be billed by the City of Conover for these review fees.
SECTION 7: STORMWATER AGREEMENT
7.1 PURPOSE OF STORMWATER AGREEMENT
A Stormwater Agreement is required for all BMPs. The purpose of this legal agreement is to
ensure that each BMP receives adequate maintenance so that it can satisfactorily perform
its pollutant removal function. The agreement also designates the responsible party who
shall be in charge of maintaining the BMP. An addendum for each type of BMP shall be
attached to the Stormwater Agreement when it is submitted for approval. The standard
format Stormwater Agreement and Addenda shall be furnished by the City.
The Stormwater Agreement and Operation and Maintenance Manual should be submitted
for review and approval once the Stormwater Management Permit is issued. The
Stormwater Agreement and Operation and Maintenance Manual must be approved before
a Certificate of Occupancy is issued.
The Stormwater Agreement and Operation and Maintenance Manual shall be referenced
on the final plat. The Stormwater Agreement and Operation and Maintenance Manual shall
be recorded with the Catawba County Register of Deeds.
7.2 OPERATION AND MAINTENANCE MANUAL
An Operation and Maintenance Manual is required for all site BMPs. The Operation and
Maintenance Manual shall include all site BMPs and shall indicate what operation and
maintenance actions are required to be performed, what criteria shall be used to determine
when those actions are necessary, and who is responsible for those actions. A copy of the
Operation and Maintenance Manual shall be kept at the site along with the records of
inspections, maintenance, and repairs.
7.3 ANNUAL MAINTENANCE AND INSPECTION REPORT
The Stormwater Agreement requires that each BMP shall be inspected on an annual basis.
The Owner shall provide an annual inspection report for each BMP, performed by a
qualified professional according to the City's Phase II Stormwater Ordinance Section
50.1(3). The standard format Maintenance and Inspection Checklist form shall be
furnished by the City. The annual inspection report shall be submitted to the City on/or
before the first and each subsequent anniversary date of the as -built certification.
The inspection report for each BMP must indicate the status of each item inspected, and
any maintenance that was conducted or repairs that were made as a result of the inspection.
The inspector shall certify that at the time of the inspection the BMP was performing
properly and was in compliance with the terms and conditions of the approved Stormwater
Agreement and Operation and Maintenance Manual. The inspector should allow enough
time before the anniversary date of the as -built certification to conduct the necessary
inspection(s) and allow for any recommended maintenance and repairs to be made prior to
the submittal of the report.

City of Conover Phase II Stormwater Administrative Manual
The owner of the BMP shall keep records of inspections, maintenance, and repairs for at
least five (5) years from the date of creation of the record and shall submit the same to the
Storm Water Administrator upon request.
SECTION 8: FINAL PLAIAND ACCESS EASEMENT
8.1 PURPOSE OF FINAL PLAT
Enforceable restrictions on property usage are required to run with the land to ensure that
future development and redevelopment maintains the site in compliance with Phase lI
Stormwater Ordinance requirements. This shall be achieved through specific notations on
final plats as described below. Final plats shall be reviewed and approved by the City
prior to recordation. Final plats shall be prepared by a surveyor licensed in the State of
North Carolina, and shall be prepared in accordance with the requirements of the Standards
of Practice for Surveying in North Carolina and the mapping requirements of G.S. 47=30.
8.2 NOTES ON FINAL PLAT
The notes herein are related to stormwater management and the Phase II Stormwater
Ordinance and are not intended to be in conflict with any other requirements for final
plats. The following shall appear on all final plats with and shall be recorded at the
Catawba County Register of Deeds' Office:
1. The following language shall appear on the final plat regarding BMP maintenance:
"This property contains water quality features that must be maintained according to
the Stormwater Agreement and Operation and Maintenance Manual recorded in
Deed Book and Page
2. The following language shall appear on the final plat regarding the access easement
from the BMP(s) to a public right of way: "The Access Easement shown is for the
purpose of granting access to the City of Conover to carry out all provisions of the
City's Phase II Stormwater Ordinance, including but not limited to inspections of the
stormwater BMP device(s)."
3. The area of the access easement shall be shown on the final plat.
4. Structural BMP(s) shall be clearly identified with an identification name and number
on the final plat.
8.3 ACCESS EASEMENT ON FINAL PLAT
The access easement shown on the final plat shall encompass the structural BMP(s) and
shall be of sufficient width to allow access for heavy equipment to enter the site and
work around the perimeter of the structural BMP(s). A minimum width of twenty-five
feet in width shall be provided for the access easement to the structural BMP(s). A
minimum additional width of twenty-five feet around the outside perimeter of the
structural BMP(s), measured from the top of the bank or the toe of the slope, shall be
provided as a part of the access easement unless otherwise approved by the City.

City of Conover Phase II Stormwater Administrative Manual
8.4 WRITTEN ACCESS EASEMENT
A written access easement describing the access easement shown on the final plat shall
also be provided for review and approval by the City. The written access easement shall
be recorded at the Catawba County Register of Deeds' office.
SECTION 9: SECURITIES FOR INSTALLATIONAND MAINTENANCE
9.1 PURPOSE OF A SECURITY
The City shall require the submittal of a performance security to ensure that the
construction of the site BMP(s) are in accordance with the design drawings approved by
the Stormwater Administrator. A maintenance security shall be required to ensure that, in
accordance with the Stormwater Agreement and the Operation and Maintenance Manual,
the owner takes the required actions to inspect, maintain, repair, and if necessary
reconstruct the BMP(s) so that adequate performance is achieved.
9.2 SECURITY SUBMITTALS AND AMOUNTS
The installation and maintenance securities may be in the form of a surety bond,
irrevocable letter of credit, certified check, or other form of surety approved by the
Stormwater Administrator.
The construction performance security must be submitted before onsite construction
begins. The amount of the construction performance security will be 125% of the
total estimated construction cost for the complete installation of the BMP(s). The amount
of the construction performance security must be approved by the Stormwater
Administrator.
The maintenance security must be submitted and approved before a certificate of
occupancy can be issued. The amount of the maintenance security shall be based upon a
reasonable estimate of the annual cost of inspection, operation and maintenance of the
BMP(s) approved under the stormwater management permit in accordance with Section
50.4 (B)(2) of the Phase II Stormwater Ordinance. To meet this purpose, The Economics
of Structural Stormwater BMPs in North Carolina by Dr. Bill Hunt and Ada Wossink
shall be used to calculate the appropriate amount of the maintenance security. The
example security amounts below were calculated using this study:
BMP
Watershed
acres
Wet Pond
Wetland
Sand
Filter
Bio-Retention
1
$%200.00
$49500.00
$101600.00
$31400.00
2
$11,100.00
$51000.00
$151300.00
$31800.00
3
$12,400.00
$51300.00
$19,000,00
$4,100.00
4
$131400.00
$59600.00
$221100.00
$4,200.00
5
$141200.00
$51800.00
$241900.00
$4,400.00
10

City of Conover Phase II Stormwater Administrative Manual
9.3 RELEASE OF CONSTRUCTION PERFORMANCE SECURITY
The City shall perform an onsite inspection to detemime if the BMPs have been
constructed in accordance with the approved drawings and the requirements of the Phase
II Stormwater Ordinance. The construction performance security shall not be released
until after the City's receipt and acceptance of the Certified As -Built Drawings,
Certification of Completion, Record of Construction, and the Maintenance Security.
SECTION 10: AS BUILT SUBMITTALS
10.1 CERTIFICATION, RECORD OF CONSTRUCTION, AND AS-BUILTS
The designer shall furnish as -built plans, to certify under seal that the stormwater
management and control measures and devices, including the structural BMPs, have been
completed in conformance with the drawings and specifications approved by the City, are
functioning as designed, and are in conformance with the requirements of the Phase II
Stormwater Ordinance.
The as -built drawings shall be based upon information obtained by a surveyor licensed in
the State of North Carolina, after construction is completed and accepted by the designer.
The as -built drawings shall show the final location, size, and depth for all storm water
management facilities, controls, measures, devices, and structures, including BMPs, as
installed.
The as -built plans/drawings must be submitted and approved before a Certificate of
Occupancy can be issued.
IC9.�fI.YYC/Z��ffASUi'D�91��69�11 %�iI/�U�C�YJ(ll
11.1 DEED RESTRICTIONS AND PROTECTIVE COVENANTS
A development project islow-density if it has no more that two dwelling units per acre or
twenty-four percent built -upon area for all residential and non-residential development. A
stormwater management permit shall be required for a development project with an overall
density at or below the relevant low -density threshold, if the development project contains
an area or areas that could be developed so that the overall density would exceed the low -
density threshold. The approval of the stormwater management permit application shall
require an enforceable restriction on property usage, such as a recorded deed restriction or
protective covenants, to ensure that the development project maintains the site consistent
with the development project plans and the low -density development standards in
accordance with Section 40.2 (C) of the Phase II Stormwater Ordinance.
11