26_Ordinance 30-13-5 Engineered Stormwater Controls

30-13-5 Engineered Stormwater Controls
30-13-5.1 Design and Construcon
Engineered stormwater controls shall be designed and installed in accordance with the requirements of 30-12-3 (Water
Supply Watershed Districts and Other Watershed Districts).
30-13-5.2 Maintenance Responsibilies
A. When permanent engineered stormwater controls serve more than 2 lots within a subdivision, an owners' associaon
must be assigned responsibility of ownership and maintenance.
B. When permanent engineered stormwater controls serve only 2 lots, they must be maintained by the owners of the
lots under a recorded maintenance agreement pursuant to 30-13-5.5.
C. Subdividers are responsible for installaon of engineered stormwater controls and they are responsible for
maintenance of such facilies unl the permanent engineered stormwater controls have:
1. been covered by an Engineer ’s Cerficaon of Stormwater Control Compleon; (see 30-4-15.6(B)6));
2. been granted final approval by the Planning Director;
3. been shown on a recorded final plat; and
4. been conveyed to the owners' associaon; aer controlling interest is no longer an enty of the subdivision.
D. Neither the posng of a performance guarantee for the compleon of stormwater controls nor conveyance of the land
containing the controls structures relieves the subdivider of the responsibility for maintenance described in 30-13-
5.2(C).
E. Aer the permanent engineered stormwater controls have been conveyed to the owners’ associaon, the owners’
associaon is responsible for maintaining the facilies as directed by the governmental office having jurisdicon for
watershed protecon and, if the owners’ associaon is dissolved or ceases to exist, then all the lot owners of record at
the me of the required maintenance will be jointly and severally liable for any and all costs aendant thereto.
30-13-5.3 Maintenance Note Required on Final Plat
When a subdivision contains permanent engineered stormwater controls that serve more than 2 lots within the
subdivision, each final plat in the subdivision must contain a prominent note with the full text of paragraph 30-13-5.2(E)
and the name of the owners' associaon.
(Amended by Ord. 10-161 on 12/1/10)
30-13-5.4 Plat Recordaon
A. If a subdivision lot is dependent upon an engineered stormwater control to meet the requirements of 30-12-3 (Water
Supply Watershed Districts and Other Watershed Districts), that structure’s locaon and type must be shown on the
same plat as the lot or on a plat recorded previously.
1. If the runoff control structure has been completed, with full design volume available (this may require the cleanout
and disposal of sediment from the engineered stormwater control), when the plat is recorded, it shall be labeled as
exisng and an Engineer ’s Cerficaon of Stormwater Control Compleon must be included on the plat (See 30-4-
15.6(B)6)).
2. If the structure has not been completed, it must be labeled as proposed, a performance guarantee for its
compleon within one year, with full design volume available, must be provided in accordance with 30-4-20, and a
prominent asterisk must be placed on the lot accompanied by a note on the plat stang that
a. no cerficate of occupancy may be issued for any building on that lot unl the engineered stormwater controls
have been completed, cerfied, and approved and
b. (the name of the person/developer) has posted a financial guarantee and bears responsibility for its mely
compleon.
3. If the Water Resources Director determines that there is a potenal risk that underground rock, buried materials,
springs, underground ulity lines, or some other obstacle may make construcon of the structure unviable, the
Water Resource Director is authorized to require that excavaon for the structure be successfully performed prior
to acceptance of the performance guarantee.
(Amended by Ord. 10-161 on 12/1/10)
30-13-5.5 Engineered Stormwater Control Maintenance Agreements
A. The proposed engineered stormwater control maintenance agreement must be reviewed and approved by the
governmental office having jurisdicon for watershed protecon and Planning Director prior to recordaon.
B. The agreement must state which lot is responsible for maintenance and include provisions (including easement to
enter lot, if applicable) to allow the other lot to maintain the device, if that lot does not perform the maintenance.
C. The agreement must provide that the property owner or owners’ associaon is responsible for maintenance of the
engineered stormwater control, as directed by the governmental office having jurisdicon for watershed protecon.
D. Specify whether and how the maintenance costs will be shared, in accordance with the following opons:
1. the pares to the agreement must agree to share the cost of any required maintenance on the engineered
stormwater control, based upon a percentage calculated by taking the amount of built upon area or drainage area
from each site contribung flow to the engineered stormwater control and dividing it by the total built upon area
or drainage area flowing into the engineered stormwater control from all sites; or
2. the property owner must maintain the engineered stormwater control and indemnify abung users.
E. The agreement must provide that the expenditures for required maintenance will be validated by copies of
maintenance noficaons and invoices for expenses incurred.
F. The agreement must provide that all pares will be nofied when addional maintenance agreements are made
involving the engineered stormwater control. As part of noficaon, give total acreage involved with the engineered
stormwater control and the new pro-rata percentage for each property.
G. The agreement must not have an expiraon date but must be perpetual.
H. The agreement must be recorded with the Guilford County Register of Deeds, along with the final plat.
I. Agreements involving an owners’ associaon must be made by and for the owners’ associaon.
J. The agreement must provide that amendments to the agreement relang to the maintenance and ownership of the
engineered stormwater control will not be permied without review and approval by the governmental office having
jurisdicon for watershed protecon.
K. The agreement must specify that the maintenance agreement can be voided only if all of the following condions
exist:
1. both pares agree;
2. the off-site property owner complies with watershed protecon requirements by some other means; and
3. the governmental office having jurisdicon for watershed protecon approves the new means of watershed
protecon.
L. The owner of the engineered stormwater control has expended a significant amount of capital in the construcon of
the engineered stormwater control and bears the burden of increased liability for his property due to the existence of
the engineered stormwater control and can therefore expect to recoup a reasonable percentage of this cost as a result
of this agreement. “Reasonable” will be interpreted in a manner similar to the percentage of maintenance cost
computaon.
(Amended by Ord. 10-161 on 12/1/10)