NCS000402_31_City of Mebane SCM Maintenance Program_20210621

City of Mebane
Stormwater
Best Management Practices
(BMP)
Operation and Maintenance Program
January 2021
Prepared by:
alley, williams, carmen & king, inc.
engineers and architects
740 chapel hill road - post office box 1179
burlington, north carolina 27216-1179

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Table of Contents
1. MAINTENANCE PROGRAM INTRODUCTION....................................................4
2.
GENERAL STANDARDS FOR MAINTENANCE...............................................4-4
3.
OPERATION AND MAINTENANCE AGREEMENT..........................................5-6
4.
INSPECTION PROGRAM.....................................................................................7-7
5.
PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
... 7
6.
NOTICE TO OWNERS..............................................................................................
7
7.
RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES ................
8
8.
NUISANCE..................................................................................................................8
9.
MAINTENANCE EASEMENT....................................................................................
8
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1. MAINTENANCE PROGRAM INTRODUCTION
Stormwater BMP's may be either structurally built devices that control stormwater runoff or
non-structural practices that seek to reduce pollution, and nutrients, from being carried
downstream by stormwater runoff. By either controlling stormwater runoff or reducing the
pollution in the runoff, stormwater BMP's reduce downstream pollution in streams, rivers,
and lakes. Typical structural stormwater BMP's are stormwater wetlands, bio-retention
basins, water quality ponds, and other devices found in the NC Division of Water Quality
Best Management Practices Manual (NC DWQ BMP Manual). Non-structural BMP's include
but are not limited to fertilizer programs, animal waste reduction programs, urban forestry
programs, and leaking septic tank replacement programs.
These BMP's will require maintenance over the life of the BMP. This maintenance may
include, but is not limited to, sediment removal, structural, biological, or vegetative repair or
replacement, major repair or reconstruction of the original BMP. This program is intended to
ensure long-term operation and maintenance of privately and publicly owned BMP's,
including those owned by the municipality, within the City of Mebane's jurisdiction. This
program is the extension of the City's Stormwater Post Construction Ordinance.
The City of Mebane will review this program periodically and will use the program prior to,
during, and after construction of private and publicly funded BMP's. Review of the program
will be the responsibility of the Stormwater Administrator. The Stormwater Administrator is
responsible for many tasks with respect to the stormwater program and will be the City
Manager or his/her designee.
2. GENERAL STANDARDS FOR MAINTENANCE
a.) Function of BMPs as Intended
The owner of each structural BMP installed pursuant to the City's Stormwater
Ordinance shall maintain and operate it so as to preserve and continue its
function in controlling stormwater quality and quantity at the degree or amount of
function for which the structural BMP was designed.
b.) Annual Maintenance Inspection and Report
The person responsible for maintenance of any structural BMP installed pursuant
to the program shall submit to the Stormwater Administrator an inspection report
from one of the following persons performing services only in their area of
competence: a qualified registered North Carolina professional engineer,
surveyor, landscape architect, soil scientist, aquatic biologist, or person certified
by the North Carolina Cooperative Extension Service for stormwater treatment
practice inspection and maintenance. The inspection report shall contain all of
the following:
1. The name and address of the land owner,
2. The recorded book and page number of the lot of each
structural BMP;
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3. A statement that an inspection was made of all structural
BMPs;
4. The date the inspection was made;
5. A statement that all inspected structural BMPs are performing
properly and are in compliance with the terms and conditions
of the approved maintenance agreement required by this
ordinance; and
6. The original signature and seal of the engineer, surveyor, or
landscape architect. All inspection reports shall be on forms
approved by the Stormwater Administrator. An original
inspection report shall be provided to the Stormwater
Administrator beginning one year from the date of as -built
certification and each year thereafter on or before the date of
the as -built certification.
7. Each annual report shall include color photographs of each
BMP.
3. OPERATION AND MAINTENANCE AGREEMENT
a.) In General
Prior to the conveyance or transfer of any lot or building site to be served by a
structural BMP pursuant to this ordinance, and prior to issuance of any permit for
development or redevelopment requiring a structural BMP pursuant to this
ordinance, the applicant or owner of the site must execute an operation and
maintenance agreement that shall be binding on all subsequent owners of the
site, portions of the site, and lots or parcels served by the structural BMP. Until
the transference of all property, sites, or lots served by the structural BMP, the
original owner or applicant shall have primary responsibility for carrying out the
provisions of the maintenance agreement.
The operation and maintenance agreement shall require the owner or owners to
maintain, repair and, if necessary, reconstruct the structural BMP, and shall state
the terms, conditions, and schedule of maintenance for the structural BMP. In
addition, it shall grant to the City of Mebane a right of entry in the event that the
Stormwater Administrator has reason to believe it has become necessary to
inspect, monitor, maintain, repair, or reconstruct the structural BMP; however, in
no case shall the right of entry, of itself, confer an obligation on the City of
Mebane to assume responsibility for the structural BMP.
The operation and maintenance agreement must be approved by the Stormwater
Administrator prior to plan approval, and it shall be referenced on the final plat
and shall be recorded with the Alamance or Orange County Register of Deeds
upon final plat approval. A copy of the recorded maintenance agreement shall be
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given to the Stormwater Administrator within fourteen (14) days following its
recordation.
b.) Special Requirement for Homeowners' and Other Associations
For all structural BMPs required pursuant to this ordinance and that are to be or
are owned and maintained by a homeowners' association, property owners'
association, or similar entity, the required operation and maintenance agreement
shall include all of the following provisions: See all provisions for this in
Section 5-4 Stormwater management in the Mebane Unified Development
Ordinance.
1. Acknowledgment that the association shall continuously
operate and maintain the stormwater control and management
facilities.
2. Establishment of a financial guarantee to be provided solely
for the maintenance of the structural BMP.
3. Granting to the City of Mebane a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
4. Allowing the City of Mebane to recover from the association
and its members any and all costs the City of Mebane
expends to maintain or repair the structural BMPs or to correct
any operational deficiencies. Failure to pay the City of Mebane
all of its expended costs, after forty-five days written notice,
shall constitute a breach of the agreement. In case of a
deficiency, the City of Mebane shall thereafter be entitled to
bring an action against the association and its members to
pay, or foreclose upon the lien hereby authorized by the
agreement against the property, or both, in case of a
deficiency. Interest, collection costs, and attorney fees shall be
added to the recovery.
5. A statement that this agreement shall not obligate the City of
Mebane to maintain or repair any structural BMPs, and the
City of Mebane shall not be liable to any person for the
condition or operation of structural BMPs.
6. A statement that this agreement shall not in any way diminish,
limit, or restrict the right of the City of Mebane to enforce any
of its ordinances as authorized by law.
7. A provision indemnifying and holding harmless the City of
Mebane for any costs and injuries arising from or related to the
structural BMP, unless the City of Mebane has agreed in
writing to assume the maintenance responsibility for the BMP
and has accepted dedication of any and all rights necessary to
carry out that maintenance.
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4. INSPECTION PROGRAM
Inspections and inspection programs by the City of Mebane may be conducted or
established on any reasonable basis, including but not limited to routine inspections;
random inspections; inspections based upon complaints or other notice of possible
violations; and joint inspections with other agencies inspecting under environmental
or safety laws. Inspections may include, but are not limited to, reviewing
maintenance and repair records; sampling discharges, surface water, groundwater,
and material or water in BMPs; and evaluating the condition of BMPs.
If the owner or occupant of any property refuses to permit such inspection, the
Stormwater Administrator shall proceed to obtain an administrative search warrant
pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or
interfere with the Stormwater Administrator while carrying out his or her official
duties.
5. PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
a.) Shall Be Required
The City of Mebane shall, at its discretion, require the submittal of a performance
security or bond with surety, cash escrow, letter of credit or other acceptable
legal arrangement prior to issuance of a permit in order to ensure that the
structural BMPs are
Installed by the permit holder as required by the approved
stormwater management plan, and/or
2. Maintained by the owner as required by the operation and
maintenance agreement.
See all provisions for this in Section 5-4 Stormwater management in the
Mebane Unified Development Ordinance.
6. NOTICE TO OWNERS
a.) Recorded Deed and Indications on Plat
The applicable operations and maintenance agreement pertaining to every
structural BMP shall be referenced on the final plat and shall be recorded with
the Alamance or Orange County Register of Deeds upon final plat approval. If no
subdivision plat is recorded for the site, then the operations and maintenance
agreement shall be recorded with the Alamance or Orange County Register of
Deeds so as to appear in the chain of title of all subsequent purchasers under
generally accepted searching principles.
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b.) Signage
Where appropriate in the determination of the Stormwater Administrator to
assure compliance with this ordinance, structural BMPs shall be posted with a
conspicuous sign stating who is responsible for required maintenance and
annual inspection. The sign shall be maintained so as to remain visible and
legible.
7. RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
The owner of each structural BMP shall keep records of inspections, maintenance,
and repairs for at least five years from the date of creation of the record and shall
submit the same upon reasonable request to the Stormwater Administrator.
8. NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall
maintain it so as not to create or result in a nuisance condition.
9. MAINTENANCE EASEMENT
Every structural BMP installed pursuant to this ordinance shall be made accessible
for adequate maintenance and repair by a maintenance easement. This access
maintenance easement shall have a minimum width of 20 feet, a maximum slope of
15%, be connected to public right-of-way, be cleared, and be traversable by
construction equipment. The easement shall be recorded and its terms shall specify
who may make use of the easement and for what purposes.
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