NCS000408_38_City of Graham SCM Maintenance Program_20211011

City of Graham
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....................................................3
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
... 8
6.
NOTICE TO OWNERS..............................................................................................
9
7.
RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES ..............
10
8.
NUISANCE................................................................................................................10
9.
MAINTENANCE EASEMENT..................................................................................
10
See also: Section 40.512-40.519 of the City of Graham's Development Ordinance
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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 Graham's jurisdiction. This
program is the extension of the City's Stormwater Post Construction Ordinance.
The City of Graham 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 Graham 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
Graham 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 County Register of Deeds upon final
plat approval. A copy of the recorded maintenance agreement shall be given to
the Stormwater Administrator within fourteen (14) days following its recordation.
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b.) Special Requirement for Homeowners' and Other Associations
See: Section 10.513 b. Of the City of Graham Development Ordinance
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:
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 soley for
the maintenance of the structural BMP. This may be done
through the following escrow account or through a lump sum
payment of 40% of the full construction cost. The type of
financial guarantee is to be determined by the City and shall be
in place or the first payment made prior to plat recordation or
certificate of occupancy.
a. Establishment of an escrow account, which can be
spent solely for sediment removal, structural, biological
or vegetative replacement, major repair, or
reconstruction of the structural BMPs. If structural
BMPs are not performing adequately or as intended or
are not properly maintained, the City of Graham in its
sole discretion, may remedy the situation, and in such
instances the City of Graham shall be fully reimbursed
from the escrow account. Escrowed funds may be
spent by the association for sediment removal,
structural, biological or vegetative replacement, major
repair, and reconstruction of the structural BMPs,
provided that the City of Graham shall first consent to
the expenditure.
b. Both developer contribution and annual sinking funds
shall fund the escrow account. Prior to plat recordation
or issuance of construction permits, whichever shall
first occur, the developer shall pay into the escrow
account an amount equal to fifteen (15) percent of the
initial construction cost of the structural BMPs. Two-
thirds (2/3) of the total amount of sinking fund budget
shall be deposited into the escrow account within the
first five (5) years and the full amount shall be
deposited within ten (10) years following initial
construction of the structural BMPs. Funds shall be
deposited each year into the escrow account. A portion
of the annual assessments of the association shall
include an allocation into the escrow account. Any
funds drawn down from the escrow account shall be
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replaced in accordance with the schedule of
anticipated work used to create the sinking fund
budget.
c. The percent of developer contribution and lengths of
time to fund the escrow account may be varied by the
City of Graham depending on the design and materials
of the stormwater control and management facility.
3. Granting to the City of Graham a right of entry to inspect,
monitor, maintain, repair, and reconstruct structural BMPs.
4. Allowing the City of Graham to recover from the association and
its members any and all costs the City of Graham expends to
maintain or repair the structural BMPs or to correct any
operational deficiencies. Failure to pay the City of Graham 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 Graham 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
Graham to maintain or repair any structural BMPs, and the City
of Graham 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 Graham to enforce any of
its ordinances as authorized by law.
7. A provision indemnifying and holding harmless the City of
Graham for any costs and injuries arising from or related to the
structural BMP, unless the City of Graham 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.
4. INSPECTION PROGRAM
Inspections and inspection programs by the City of Graham 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
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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
See: Section 10.515 Of the City of Graham Development Ordinance
a.) Shall Be Required
The City of Graham 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
b.) Amount
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.
1. Installation
The amount of an installation performance security shall be 125% of the
total estimated construction cost of the BMPs approved under the permit.
2. Maintenance
The amount of a maintenance performance security shall be the present
value of an annuity of perpetual duration based on a reasonable estimate of
the annual cost of inspection, operation and maintenance of the BMPs
approved under the permit, at a discount rate that reflects the jurisdiction's
cost of borrowing minus a reasonable estimate of long term inflation.
c.) Uses of Performance Security
1. Forfeiture Provisions
The performance security shall contain forfeiture provisions for failure, after
proper notice, to complete work within the time specified, or to initiate or
maintain any actions which may be required of the applicant or owner in
accordance with this ordinance, approvals issued pursuant to this
ordinance, or an operation and maintenance agreement established
pursuant to this ordinance.
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2. Default
Upon default of the owner to construct, maintain, repair and, if necessary,
reconstruct any structural BMP in accordance with the applicable permit or
operation and maintenance agreement, the Stormwater Administrator shall
obtain and use all or any portion of the security to make necessary
improvements based on an engineering estimate. Such expenditure of
funds shall only be made after requesting the owner to comply with the
permit or maintenance agreement. In the event of a default triggering the
use of installation performance security, the City of Graham shall not return
any of the unused deposited cash funds or other security, which shall be
retained for maintenance.
3. Costs in Excess of Performance Security
If City of Graham takes action upon such failure by the applicant or owner,
the City may collect from the applicant or owner the difference between the
amount of the reasonable cost of such action and the amount of the
security held, in addition to any other penalties or damages due.
4. Refund
Within sixty days of the final approval, the installation performance security
shall be refunded to the applicant or terminated, except any amount
attributable to the cost (plus 25%) of landscaping installation and ongoing
maintenance associated with the BMPs covered by the security. Any such
landscaping shall be inspected one (1) year after installation with
replacement for compliance with the approved plans and specifications
and, if in compliance, the portion of the financial security attributable to
landscaping shall be released.
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 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 County Register of Deeds so as
to appear in the chain of title of all subsequent purchasers under generally
accepted searching principles.
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.
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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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