NCS000515_Phase II Administrative Manual_20200921

CHINAGROVE
STORMWATER
An original town.
Administrative Manual for the
Phase II Stormwater Ordinance

TABLE OF CONTENTS
SECTION 1:
Introduction and Purpose.....................................................................................4
1.1
Introduction to the Administrative Manual........................................................4
1.2
Purpose of Administrative Manual......................................................................4
1.3
Effective Date.........................................................................................................4
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
SECTION 3:
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..........................................5
SECTION 5:
Overview of Submittal and Approval Process....................................................6
5.1
Stormwater Management Plan Submittals Checklist ...................................... 6
SECTION 6: Storm Water Management Permit......................................................................... 7
6.1
Purpose of Storm Water Management Permit ................................................. 7
6.2
Application for Storm Water Management Permit..........................................7
SECTION 7:
Operation and Maintenance Agreement.............................................................8
7.1
Purpose of Operation and Maintenance Agreement..........................................8
7.2
Operation and Maintenance Manual.................................................................8
7.3
Annual Maintenance and Inspection Report......................................................8
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SECTION 8: Final Plat and Access Agreement....................................................................... 9
8.1 Purpose of Final Plat.............................................................................................9
8.2 Notes on Final Plat................................................................................................9
8.3 Access Easement on Final Plat.............................................................................9
8.4 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.......................................................................10
9.3 Release of Construction Performance Security..................................................11
SECTION 10: As -Built Submittals............................................................................................ It
10.1 Certification, Record of Construction, and As-Builts......................................11
SECTION 11: Low -Density Projects...........................................................................................11
11.1 Deed Restrictions and Protective Covenants.....................................................11
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Town of China Grove Phase II Stormwater Administrative Manual
SECTION 1: INTRODUCTION AND 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 Town of China Grove (herein after referred to as the Town) was issued a permit to
discharge stormwater to the nation's surface waters effective February 1, 2018. A
requirement of this permit was that the Town adopt an NPDES 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 August 11, 2011.
Questions regarding the Phase II Stormwater Ordinance or the Administrative Manual
should be directed to the Town's Planning & Development Department at 704-857-
2466.
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 January 1, 2020.
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 may be 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 Town Council.
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Town of China Grove Phase II Stormwater Administrative Manual
SECTION 2: PLANNING BOARD REVIEW
2.1 PLANNING BOARD APPROVAL
Some projects require initial approval by the Town 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 Town 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 a
part of the project design submittal.
The Design Manual is available for review or downloading at the following website:
hitps:Hdeq.nc. gov/about/divisions/energy-mineral-land-resources/energyy-mineral-land-
permit-guidance/stormwater-bmp-manual.
SECTION 4: CONCEPT PLAN SUBMITTAL (IFREOUESTED)
4.1 PURPOSE OF CONCEPT PLAN
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 project shall
comply with the post -construction requirements of the Town'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 Town's
Planning & Development Department at 704-857-2466. The Planning Department may
attend the consultation meeting to discuss relevant issues concerning the proposed
development project.
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Town of China Grove Phase II Stormwater Administrative Manual
SECTION 5: 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*
6
8.11.5
(2) Design Drawings
6
8.11.9
(3) Stormwater Calculations
6
8.11.9
(4) Design Checklist(s) from NCDENR Design Manual*
6
8.11.9
(5) Construction Performance Security
9
8.11.10
(6) Operation and Maintenance Manual
7
8.11.10
(7) Operation and Maintenance Agreement w/ Addenda*
7
8.11.11
(8) Written Access Easement*
8
8.11.10
(9) Final Plat with Access Easement Shown
8
8.11.10
(10) Certified As -Built Drawings
10
8.11.11
(11) Certification of Completion*
10
8.11.14
(12) Record of Construction*
10
8.11.14
(13) Maintenance Security
9
8.11.11
(14) Annual Inspection Report*
7
8.11.11
Note: Standard forms are available on the Town's Stormwater website at
www. c hin agroven c. g ov
Items 1-4, the Stormwater Management Permit Application, Design Drawings, Stormwater
Calculations, and Design Checklist(s) 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, Operation and Maintenance 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, Operation and Maintenance Agreement with
Addenda, Written Access Easement, Final Plat with Access Easement, Certified As- Built
Drawings, Certification of Completion, Record of Construction, 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.
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Town of China Grove Phase II Stormwater Administrative Manual
SECTION 6: STORMWATER 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 8.11.5. 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 Permit 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 8.11.4 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 policies found in the
Design Manual, and that the designs ensure compliance with the Phase II Stormwater
Ordinance.
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 Town. The design drawings, stormwater calculations, and the design
checklist(s) from the Design Manual must be submitted with the Stormwater Management
Permit Application Form in order for the submittal to be complete.
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Town of China Grove Phase II Stormwater Administrative Manual
SECTION 7: OPERATION AND MAINTENANCE AGREEMENT
7.1 PURPOSE OF OPERATION AND MAINTENANCE AGREEMENT
An Operation and Maintenance 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 Operation and Maintenance Agreement when it is
submitted for approval. The standard format Operation and Maintenance Agreement and
Addenda shall be furnished by the Town.
The Operation and Maintenance Agreement and Operation and Maintenance Manual
should be submitted for review and approval once the Stormwater Management Permit is
issued. The Operation and Maintenance Agreement and Operation and Maintenance Manual
must be approved before a Certificate of Occupancy is issued.
The Operation and Maintenance Agreement and Operation and Maintenance Manual shall
be referenced on the final plat. The Operation and Maintenance Agreement and Operation
and Maintenance Manual shall be recorded with the Rowan 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 Operation and Maintenance 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 Town's Phase II Stormwater
Ordinance 8.11.11. The standard format Maintenance and Inspection Checklist form shall
be furnished by the Town. The annual inspection report shall be submitted to the Town
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 Operation
and Maintenance 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.
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Town of China Grove 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 PLAT AND 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 II
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 Town 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 Rowan County
Register of Deeds' Office:
I. 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
Operation and Maintenance 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 Town of China Grove to carry out all provisions of
the Town'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 Town.
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Town of China Grove 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 Town. The written access easement shall
be recorded at the Rowan County Register of Deeds' office.
SECTION 9: SECURITIES FOR INSTALLATION AND MAINTENANCE
9.1 PURPOSE OF A SECURITY
The Town 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 Operation and Maintenance 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
4.4 (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
$9,200.00
$4,500.00
$10,600.00
$3,400.00
2
$11,100.00
$5,000.00
$15,300.00
$3,800.00
3
$12,400.00
$5,300.00
$19,000.00
$4,100.00
4
$13,400.00
$5,600.00
$22,100.00
$4,200.00
5
$14,200.00
$5,800.00
$24,900.00
$4,400.00
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Town of China Grove Phase II Stormwater Administrative Manual
9.3 RELEASE OF CONSTRUCTION PERFORMANCE SECURITY
The Town shall perform an onsite inspection to determine 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 Town'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 a Certification of Completion statement along with a Record of
Construction form, 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 Town, are functioning as designed,
and are in conformance with the requirements of the Phase II Stormwater Ordinance. The
Record of Construction shall document the essential design elements of the structural
BMPs against the original design. The Certification of Completion statement format and
the Record of Construction form shall be furnished by the Town.
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 Certification of Completion, Record of Construction, and as -built drawings must be
submitted and approved before a Certificate of Occupancy can be issued.
SECTION 11: LOW -DENSITY PROJECTS
11.1 DEED RESTRICTIONS AND PROTECTIVE COVENANTS
A development project is low -density if it has no more than 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 3.2(C) of the Phase II Stormwater Ordinance.
11