SW3161001_HISTORICAL FILE_20161025

STORMWATER DIVISION CODING SHEET
POST -CONSTRUCTION PERMITS
PERMIT NO.
SW���F%/
DOC TYPE
❑ CURRENT PERMIT
❑ APPROVED PLANS
(( HISTORICAL FILE
❑ COMPLIANCE EVALUATION INSPECTION
DOC DATE���
(Qa
YYYYMMDD

DRAFT COPY FOR REVIEW 9-20-16
DECLARATION OF COVENANTS
For Maintenance of Water Quality and/or Water Quantity Control Structure
Town of Weddington .4
THIS DECLARATION OF COVENANTS, made this 20th day of`-nber,,2016�
Threshold Church hereinafter referred to as the "Developer" to and for the be, rto he Town
Weddington, hereinafter referred to as the "Town' and its successors and assigr�.°o
oIr.
WITNESSETH: �A
WHEREAS, the Town is authorized to ensure that properties are not unreasonably
burdened with stormwater runoff from development or redevelopment activities within its
jurisdiction as set forth in the Town Storm Water Management Ordinance: and
WHEREAS, the Developer is the owner of a certain tract or parcel of land more particularly
described as Threshold Church being all or part of the land which it acquired by deed dated
September 15, 2014 from David J. and Michelle P. Dillworth grantors, and recorded with the
Union County Register of Deeds Office, in Book 6300 at Page 423 such property being hereinafter
referred to as the "the property;" and
WHEREAS, the Developer desires to construct certain improvements on its property
regulated by the Town Storm Water Management Ordinance; and
WHEREAS, in order to construct certain improvements on its property, the Developer
desires to build and maintain at its expense, water quality and/or quantity control structures
(collectively, the Water Control Structures) more particularly described and shown on plans titled
"Threshold Church Site Plan Phase 2"; and
WHEREAS, the Town or its designee have reviewed and approved the plans associated
with the Storm Water Management Plan subject to the execution of this agreement.
NOW THEREFORE, in consideration of the benefits received by the Developer as a result
of approval by the Town or its designee of these plans, the Developer, with full authority to execute
deeds, mortgages, other covenants, and all rights, title and interest in the property described above,
does hereby covenant with the Town of Weddington as follows:
1. The Developer shall develop and attach to this "DECLARATION OF COVENANTS" for
recording at the Union County Register of Deeds Office a "MAINTENANCE PLAN" that
has been reviewed and approved by the Town or its designee. This Maintenance Plan shall
describe the specific maintenance practices to be performed for the above referenced Water
Control Structures and include a schedule for implementation of these practices. The Plan
shall indicate that the Water Control Structures shall be inspected by a qualified
professional on a regular basis to ensure that they are operating properly. The Plan shall

specify the name, mailing address and phone number of the party responsible for the
fulfillment of the Maintenance Plan and describe the mechanism by which the funding for
the performance of this maintenance shall be secured.
2. The Developer shall perpetually operate, maintain, and repair, at its sole expense, the
above -referenced Water Control Structures in strict accordance with the attached
Maintenance Plan approved by the Town or its designee.
3. The Developer shall, at its sole expense, make such changes or modifications to the Water
Control Structures as may, at the discretion of the Town or its designee, be determined
necessary to ensure that the facilities and systems are properly maintained and continue to
operate as designed and approved.
4. The Town, its agents, employees and contractors shall have the perpetual right of entry to
inspect, monitor, maintain, repair and reconstruct the Water Control Structures.
5. The Developer agrees that should it fail to correct any defects in the above described Water
Control Structures within thirty (30) days from the issuance of written notice, or shall fail
to operate, maintain, and repair the structures in accordance with the attached Maintenance
Plan and with all applicable laws, regulations and rules or, in the event of an emergency as
determined by the Town or its designee in its reasonable discretion, the Town or its
designee is authorized to enter the property to make all repairs, and to perform all
maintenance, construction and reconstruction as the Town or its designee deems necessary.
The Town or its designee shall then recover from the Developer any and all costs the Town
expends to maintain or repair the Water Control Structures or to correct any operational
deficiencies. Failure to pay the Town or its designee all of its expended costs, after forty-
five days written notice, shall constitute a breach of this agreement and interest will accrue
on the amounts due at the rate of eight percent (8%) per annum. The Town shall have a
lien against the property for such costs (plus interest, collection costs, and reasonable
attorneys fees related thereto) in the nature of a mechanic's and materialman's lien. The
Town or its designee shall thereafter be entitled to bring an action against the Developer to
pay, or foreclose upon the lien hereby authorized by this agreement against the property,
or both.
6. The Developer shall not obligate the Town to maintain or repair any of the Water Control
Structures, and the Town shall not be liable to any person for the condition or operation of
any of the Water Control Structures.
7. The Developer shall not in any way diminish, limit, or restrict the right of the Town to
enforce any of its ordinances as authorized by law.
8. The Developer shall indemnify, save harmless and defend the Town and its Mayor,
Councilmembers, employees, agents, contractors, and designees (collectively, the "Town
Parties") from and against any and all claims, demands, suits, liabilities, losses, damages
and payments including attorney fees claimed or made by persons not parties to this
Declaration against the Town or the Town Parties that are alleged or proven to result or

arise from the Developer's construction, operation, or maintenance of the Water Control
Structures.
9. The covenants contained herein shall run with the land and the Developer further agrees
that whenever the property shall be held, sold and conveyed, it shall be subject to the
covenants, stipulations, agreements and provisions of this Declaration, which shall apply
to, bind and be obligatory upon the Developer hereto, its heirs, successors and assigns and
shall bind all present and subsequent Developers of the property served by the Water
Control Structures. Upon the sale and conveyance by the Developer of the Property (or
any portion thereof) of its entire interest therein (including, without limitation, all
developer and declarant rights with respect to this agreement and the development of the
Property and all of Developer's obligations under this agreement), such Developer shall
automatically be deemed to be released of all future obligations thereafter arising under
this Declaration; and as to any future Developer or Owner of the Property, or any portion
thereof, such future Developer shall automatically be subject and bound by the terms and
provisions of this Declaration upon its acquisition of fee simple title to the Property (or
portion thereof) in the same manner as the Developer of the Property as of the date hereof
is presently bound under this Declaration.
10. The provisions of this Declaration shall be severable and if any phrase, clause, sentence or
provisions is declared unconstitutional, or the applicability thereof to the Developer is held
invalid, the remainder of this Declaration shall not be affected thereby.
11. In the event that the Town or its designee shall determine at its sole discretion at future
time that the Water Control Structures are no longer required, then the Town or its designee
shall at the request of the Developer execute a release of this Declaration of Covenants
which the Developer shall record at its expenses.
IN WITNESS WHEREOF, the Developer has executed this Declaration of Covenants as of this
13th day of September, 2016.

FOR THE DEVELOPER(S)
(Signature)
(Printed Name and Title)
STATE OF
COUNTY OF
On this day of , 20 , before me, the undersigned officer, a
Notary Public in and for the State and County aforesaid, personally appeared
who acknowledged himself to
be of , and he as
such authorized to do so, executed the foregoing instrument for the purposes therein contained by
signing his name as for said
WITNESS my hand and Notarial Seal
My commission expires
Notary Public
Seen and approved:
(Weddington Zoning Administrator)

Water Control Structure Maintenance Plan
Threshold Church
Town of Weddington
Date: September 13, 2016
L General Information
BMP ID Name
Street with Block Number
Parcel Tax ID
Permanent BMP Pond
3501 Antioch Church Road
06090011C
II. Site Location Map (See Attached)
III. Maintenance Annual Budget
Budget for Maintenance / Inspections
Expenses
Estimated Costs
Source
Access Drive Maintenance
$5,000/ ear
Church Budget
BMP Pond
$5,000/year
Church Budget
Stormdrain, Catch Basins, and
Stormwater Conveyance
Ditches
$5,000/ ear
Church Budget
Total
$15,000/year
IV. Escrow Account Activity
Provide documentation of maintenance escrow account activity. This may be provided
in the form of a bank statement which includes the current balance, deposits and
withdraws for the previous 12 months.
V. Maintenance Inspection Reports
Annual maintenance inspection reports shall be submitted to the Town Administrator.
The first report shall be submitted one year following the final approval date of the
Water Control Structure and each year thereafter on or before the approval anniversary
date. Annual maintenance inspection reports shall be sealed by a registered North
Carolina professional engineer or landscape architect. All maintenance activities and
inspection reports shall be kept on file by the Developer or subsequent Home Owners
Association and made available to the Town if so requested. These inspections shall be
discontinued only if the Water Control Structures are accepted for maintenance by the
applicable jurisdiction.

VI. Routine Maintenance Tasks and Schedule
Provide documentation of specific maintenance tasks and frequency for each type of
Water Control Structure. See the following maintenance/inspection schedule. The
schedule on the following pages is to be dated and checked as part of the inspection
record.

Threshold Church BMP Pond and Stormwater Maintenance Plan
BMP Pond Inspection
Date of Inspection:
Important maintenance procedures:
• The drainage area will be managed to reduce the sediment load to the dry extended detention
basin.
• Immediately after the dry extended detention basin is established, the vegetation will be
watered twice weekly if needed until the plants become established (commonly six weeks).
• No portion of the dry extended detention pond will be fertilized after the first initial fertilization
that is required to establish the vegetation.
• Maintain the vegetation in and around the basin at a height of approximately six inches.
• Once a year, a dam safety expert will inspect the embankment.
After the dry extended detention basin is established, it will be inspected once a quarter and within 24
hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County).
Records of operation and maintenance will be kept in a known set location and will be available upon
request.
Inspection activities shall be performed as follows. Any problems that are found shall
be repaired immediately.
System Feature and
Conditions When
Conditions When Maintenance is
Potential Defect
Maintenance is Needed
Not Needed or is Performed
Checked?
Trash/Debris in BMP
Trash and debris present.
Remove trash and debris.
Bare Soil and/or erosive
Areas of bare soil and/or
Regrade the soil if necessary to
gullies around pond
erosive gullies have
remove the gully, and then plant a
formed.
ground cover and water until it is
established. Provide lime and a
one-time fertilizer application.
Inlet Device: pipe or
The pipe is clogged (if
Unclog the pipe. Dispose of the
swale problems
applicable).
sediment off -site.
The pipe is cracked or
Replace the pipe.
otherwise damaged (if
applicable).
Erosion is occurring in
Regrade the swale if necessary to
the swale (if applicable).
smooth it over and provide
erosion
control devices such as reinforced
turf matting or riprap to avoid
future problems with erosion.

Forebay problems
The forebay Sediment
Search for the source of the
has accumulated and
sediment and remedy the problem
reduced the depth to
if possible. Remove the sediment
75% of the original
and dispose of it in a location
design depth (see
where it will not cause impacts to
diagram below).
streams or the BMP.
Erosion has occurred or
Provide additional erosion
riprap is displaced.
protection such as reinforced turf
matting or riprap if needed to
prevent future erosion problems.
Weeds are present.
Remove the weeds, preferably by
hand. If pesticides are used, wipe
them on the plants rather than
spraying.
Main treatment area
Sediment has
Search for the source of the
problems
accumulated
sediment and remedy the problem
and reduced the depth to
if possible. Remove the sediment
75% of the original
and dispose of it in a location
design depth (see
where it will not cause impacts to
diagram below).
streams or the BMP. Revegetate
disturbed areas immediately with
sod (preferred) or seed protected
with securely staked erosion mat.
Water is standing more
Check outlet structure for
than 5 days after a storm
clogging. If it is a design issue,
event.
consult an appropriate
professional.
Weeds and noxious
Remove the plants by hand or by
plants are growing in the
wiping them with pesticide (do not
main treatment area.
spray).
Embankment Problems
Shrubs or trees have
Remove shrubs or trees
started to grow on the
immediately.
embankment.
Grass cover is unhealthy
Restore the health of the grass
or eroding.
cover
—consulta professional if
necessary.
Signs of seepage on the
Consult a professional.
downstream face.
Evidence of muskrat or
Use traps to remove muskrats and
beaver activity is present.
consult a professional to remove

beavers.
An annual inspection by
Make all needed repairs.
an appropriate
professional shows that
the embankment needs
repair.
Outlet problems
Clogging has occurred.
Clean out the outlet device.
Dispose of the sediment off -site.
The outlet device is
Repair or replace the outlet device
damaged.
The receiving water
Erosion or other signs of
Contact the NC Division of Water
issues
damage have occurred at
Quality 401 Oversight Unit at 919-
the outlet.
733-1786.
The measuring device used to determine the sediment elevation shall be such that it will give an
accurate depth reading and not readily penetrate into accumulated sediments.
When the basin depth reads I feet in the main pond, the sediment shall be removed.
When the basin depth Peads _ feet in the ie arthe sediment shall bPrPFAeveo. (No forebay for
this pond.)
(FILL IN THE BLANKS)
TEMP. POOL \
VOLUME
SEDIMENT
REMOVAL EL. _
BOTTOM 25% SEDI
STORAGE
ELEVATION
FO AY
NIA 70 `off
TEMPORARY POOL ELEVATION
TEMP. POOL
VOLUME
SEDIMENT REMOVAL ELEVATIONAO 7
BOTTOM ELEVA
Note: There is no forebay for the proposed pond on this site.
MAIN POND

Access Drive Inspection
Inspection Frequency: Semi -Annual
Date of Inspection:
System Feature and
Conditions When
Conditions When Maintenance is
Potential Defect
Maintenance is Needed
Not Needed or is Performed
Checked?
Erosion of Grassed
Soils are bare or eroded.
Seed or use a covering BMP.
Access Drive
Noticeable rills are seen
Rills removed and road reseeded.
in landscaped areas.
Grassed Drive Surface in
Condition of road surface
Road repaired.
Distress
may lead to erosion of
the facility or limit
access.
Trash and Debris in
Litter accumulation
No trash or debris present.
Drive
exceeds i cubic foot per
1,000 square feet.
Tree Growth and Hazard
Tree growth does not
Trees do not hinder maintenance
Trees in Drive
allow maintenance
activities. Recycle harvested trees
access or interferes with
into mulch or other beneficial
maintenance activity
uses.
(i.e., slope mowing, silt
removal, vactoring, or
equipment movements).
If trees are not
interfering with access or
maintenance, do not
remove.
If dead, diseased, or
Remove hazard trees.
dying trees are identified.
(Use a certified Arborist
to determine health of
tree or removal
requirements).
Trees or shrubs that have
Replant tree, inspecting for injury
been blown down or
to stem or roots. Replace if
knocked over.
severely damaged.

Stormdrain, Catch Basins, and Stormwater Conveyance Ditches
Inspection Frequency: Semi -Annual
Date of Inspection:
System Feature and
Conditions When
Conditions When Maintenance is
Potential Defect
Maintenance is Needed
Not Needed or is Performed
Checked?
Obstructions to Pipe
Root enters or deforms
Use mechanical methods to
Including Roots
pipe, reducing flow.
remove root. Do not put root -
dissolving chemicals in storm
sewer pipes. If necessary, remove
the vegetation over the line.
Pipe Broken
Inlet/outlet piping
Pipe repaired and/or replaced.
damaged or broken and
in need of repair.
Pipe Deteriorated
Any part of the piping
Pipe repaired and/or replaced.
that is crushed or
deformed more than
10% or any other failure
to the piping.
Sediment or Debris in
Sediment depth is
Clean pipe and remove material
Pipe
greater than 10% of pipe
diameter.
Trash and Debris at
Trash or debris which is
No trash or debris located
Basin
located immediately in
immediately in front of catch basin
front of the catch basin
or on grate opening.
opening or is blocking
inletting capacity of the
basin by more than 10%.
Trash and Debris inside
Trash or debris (in the
No trash or debris in the catch
Basin
basin) that exceeds 60%
basin.
of the sump depth as
measured from the
bottom of basin to invert
of the lowest pipe into or
out of the basin, but in
no case less than a
minimum of six inches
clearance from the
debris surface to the
invert of the lowest pipe.
Sediment in Basin
Sediment (in the basin)
No sediment in the catch basin.
that exceeds 60% of the
sump depth as measured
from the bottom of basin
to invert of the lowest

pipe into or out of the
basin, but in no case less
than a minimum of six
inches of clearance from
the sediment surface to
the invert of the lowest
pipe.
Damage to Top Slab or
Top slab has holes larger
Top slab is free of holes and
Frame of Basin
than two square inches
cracks.
or cracks wider than 1/4
inch (Intent is to make
sure no material is
running into basin.
Damage to Frame and/or
Frame is sitting flush on the riser
Top Slab Frame not
rings or top slab and firmly
sitting flush on top slab,
attached.
i.e., separation of more
than 3/4 inch of the
frame from the top slab.
Frame not securely
attached.
Fractures or Cracks in
Maintenance person
Replace basin or repair to design
Basin Walls or Bottom
judges that structure is
standards.
unsound.
Grout fillet has separated
Regrout pipe and secure at basin
or cracked wider than
wall.
1/2 inch and longer than
one foot at the joint of
any inlet/outlet pipe or
any evidence of soil
particles entering catch
basin through cracks.
Basin Settlement or
If failure of basin has
Replace basin or repair to design
Misalignment
created a safety,
standards.
function, or design
problem.
Vegetation Around
Vegetation growing
No vegetation or root growth
Basin
across and blocking more
present.
than 10% of the basin
opening.
No vegetation blocking
opening to basin.
Vegetation growing in
inlet/outlet pipe joints

standard size garbage
can). In general, there
should be no visual
evidence of dumping.
Erosion/Scouring in
Eroded or scoured ditch
Permanently stabilize ditch
Ditches
bottom. Permanently
bottom
stabilize ditch bottom.
Sediment Accumulation
Sediment depth exceeds
Remove sediment deposits. When
in Ditches
six inches.
finished, ditch should be level
from side to side and drain freely
in intended direction. There
should be no areas of standing
water once inflow has ceased.

that is more than six
inches tall and less than
six inches apart.
Contaminants and
Any evidence of oil,
No contaminants or pollutants
Pollution in Basin
gasoline, contaminants
present.
or other pollutants
(Coordinate
removal/cleanup with
local water quality
response agency).
Basin Cover Not in Place
Cover is missing or only
Catch basin cover is installed
partially in place. Any
correctly.
open catch basin requires
maintenance.
Sediment Accumulation
Sediment depth exceeds
Remove sediment deposits. When
in Ditches
six inches.
finished, ditch should be level
from side to side and drain freely
in intended direction. There
should be no areas of standing
water once inflow has ceased.
Standing Water in
Excessive standing water
If possible, repair cause of poor
Ditches
in the ditch between
drainage. This may include, but is
storms due to ditch not
not limited to the following
draining freely.
activities: remove sediment or
trash blockages, improve grade of
ditch.
Eroded or Unstable Side
When grass is sparse or
Determine why grass growth is
Slopes of Ditches
bare or eroded patches
poor and correct that condition.
occur in more than 20%
Replant with plugs of grass at
of the ditch.
eight -inch intervals or reseed. If
cause is excessive moisture
replace grass with wetland
plantings.
Vegetation in Ditches
Grass is excessively tall
Mow vegetation and/or remove
(greater than 15 inches).
nuisance vegetation so that flow
Nuisance weeds and
not impeded. Grass should be
other vegetation start to
mowed to a height of three to four
take over ditch.
inches.
Debris in Inlet/outlet
Inlet/outlet areas
Remove material so that there is
pipes or culverts
clogged with sediment
no clogging or blockage in the inlet
and/or debris.
and outlet area.
Trash and Debris
Any trash and debris,
Remove trash and debris from
Accumulation in Ditches
which exceed five cubic
ditch.
feet per 1,000 square
feet (this is about equal
to the amount of trash it
would take to fill one