HomeMy WebLinkAboutNCS000547_6_Falls Lake Program Narrative_20210610aM alle
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Falls Lake New Development Program Narrative
To: Jon Huisman, Division of Water Quality
From: Josh Johnson, P.E.
Date: October 19, 2011
Introduction and Proposed Chanizes
The Falls Lake New Development Rule sets out standards that named communities are to incorporate
into local stormwater programs, and requires the Division of Water Quality to develop a model local
stormwater program for those communities to use to create a New Development Program that complies
with the rule. The Falls Lake New Development Ordinance is the legal mechanism that local
governments will use to enforce these standards on new development projects greater than Y2 acre in
disturbed area (or 1 acre for single family residential).
Many communities within the Falls Lake watershed are NPDES MS4 Phase 11 communities that have, or
will be required to have, Phase 11 Stormwater Post -Construction Ordinances. These Phase 11 Ordinances
have specific standards that apply to development of properties greater than 1 acre in size within the
corporate and extraterritorial jurisdictions of the community. These standards include High and Low
Density designations, with projects that exceed 24% Built Upon Area being designated as High Density
Projects. Projects that are designated as High Density are then required to treat the "first flush" (or 1" of
rain) to remove 85% of the Total Suspended Solids (TSS).
The Falls Lake New Development Rule is centered on removal of Nitrogen and Phosphorous from
stormwater. These two pollutants can be removed with many of the same processes as TSS but at
differing removal rates and with a different calculation to determine the effectiveness of the treatment
processes.
In order to simplify implementation of both the Phase 11 and Falls Lake New Development Programs we
have combined the programs into one ordinance. This will prevent confusion on the part of developers,
designers, reviewers, staff, and the public by creating one set of standards for review. The enclosed
ordinance combines the standards and some of the processes from both programs and by doing so
should allow the current Phase 11 Post Construction Ordinances (passed in 2007) to be removed from the
code of ordinances. The changes to the Falls Lake Model Ordinance are included in the overall packet to
the Division of Water Quality.
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.corn
ESTABLISHED - 1960
Program Adoption and Effective Date
This New Development Program and Ordinance have been reviewed at a staff level and many of the
components of the program are similar (or the same as) NPDES Phase 11 practices. The program has been
reviewed by the City of Roxboro City Council and after EIVIC approval the program will be reviewed
submitted to the planning board and then to the City Council for approval.
Other Stormwater Programs
The City is currently designated as a NPDES Phase 11 community and is awaiting its first permit. Portions
of the City are within the water supply watershed.
State and Federal Entities Implementation
The City intends to enforce this new development program on state and federal entities that do not
have NPIDES Phase 11 stormwater permits.
Area of Applicabilit
The City will enforce this ordinance within both its corporate limits and its extra territorial jurisdiction.
The Ordinance details out different standards for the areas within the Falls Lake Watershed and those
that are outside of the watershed.
Minimum Qualifications of the Stormwater Administrator
At a minimum the stormwater administrator will be a certified Stormwater Plan Reviewer by the NC
Division of Water Quality and/or a graduate of the NC DWQ Surface Water Identification Course. It is
preferred that this person is a Professional Engineer with a background in stormwater, but persons with
the above qualifications would be considered adequately qualified. The current proposed Stormwater
Administrator's resume and qualifications are included with the program appendix.
Maintenance and Inspection Program
The City will require owners of BIVIP's to provide annual inspection reports from a qualified inspector.
"The person responsible for maintenance of any engineered stormwater control installed
pursuant to this ordinance 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 City will inspect all BIVIP's at a minimum of every 5 years. Additionally, the City may inspect any bmp
on an as -needed basis. This oversight is consistent with the expected NPIDES Phase 11 permit
requirements.
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.com
ESTABLISHED - 1960
The City will require the original owners of bmp's to comply with section 402 of the enclosed ordinance,
which requires 40% of the construction costs of the bmp to be paid prior to certificate of occupancy
being issued. The City also has the ability to assess additional costs on the bmp owner as needed in the
future. The City's Stormwater Administrator will maintain an excel spreadsheet showing all bmp's within
the City's jurisdiction and the minimum following information about each one: type of bmp, completion
date, latest inspection date, known issues, approximate size, location, owner, and designer.
Forms in Administrative Manual
This program's appendix provides copies of the following administrative manuals: Stormwater Permit
Application, Stormwater As -Built Submission Form, Wet Detention Pond Certification, Operation and
Maintenance Agreement, and Stormwater Permit.
Ordinance
The City's Draft Ordinance is enclosed with this submittal.
Nutrient Loading Accounting Tool
The City will use the Falls Nutrient Load Accounting Tool to estimate nutrient loading and reductions for
project sites.
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.corn
ESTABLISHED - 1960
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Falls Lake New Development Supplemental Information
Program Approval Status
The Falls Lake New Development Program has not been approved at this time. After EMC Approval, the
program will need to be approved by the Planning Board and by the City Council.
Land Use Planning, Appeals Process, Exceeding Minimum Requirements, and Permitting Process
Additional Land Use Planning has not been done in conjunction with this program. The appeals process
is described in the ordinance and is based on the NPDES Phase 11 Ordinance appeals process. This
ordinance exceeds the minimum requirements established by rule through requiring the post
development 10-year storm to equal the pre -development 10-year storm runoff rates for the SCS 24
hour storm. This is in place of the minimum requirement of the 1-year storm runoff rates. Additionally,
the stormwater administrator can ask for up to the 100-year runoff rates to be equal, depending on
conditions. An overview, including an outline and a fact sheet, of the stormwater program will be
provided to developers, engineers, and others prior to the effective date of the ordinance.
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.com
ESTABLISHED - 1960
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Falls Lake New Development Program Appendix
Stormwater Administrator
The City of Roxboro will appoint its Public Services Director Andrew Oakley as its Stormwater
Administrator. Mr. Oakley is a professional engineer with substantial experience in both designing and
reviewing stormwater plans. Mr. Oakley's resume is attached and he is currently the City of Roxboro's
certified plan reviewer.
Andrew Oakley, P.E.
Public Services Director
779 Mountain Road
Roxboro, NC 27S73
Phone: (336) 503-0489
Fax: (336) 503-0588
Email: aoaklev@citvofroxboro.com
Stormwater Standards Summary Table
Falls Lake Watershed
Roanoke River
Watershed
Residential Exemption
< 1/2 ac
<1 ac
Commercial Exemption
<12,000 sq ft
<1 ac
Low Density Option
N/A
Yes (<24% impervious)
Total Suspended Solids
(TSS)
85% reduction
85% reduction
Post Development Flow
1 0-yr 24 hr
1 0-yr 24 hr
Treatment Volume
ill
ill
Drawdown Time
48 hour minimum
48 hour minimum
Stream Buffers
50' (30' undist rbed)*
30' pervious
Nitrogen Loading
2.2 lb/ac/yr (40% reduction)
No
Phosphorus Loading
0.33 lb/ac/yr (77%
reduction)
No
O&M
Bond Required
Bond Required
Easements
Required
Required
* Projects that impact the 50' riparian buffers on USGS Streams within the Falls Lake Watershed will be
required to obtain approval from NC DWQ unless a separate buffer program is adopted by the City of
Roxboro.
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.corn
ESTABLISHED - 1960
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Proposed Changes to Model Falls Lake New Development Ordinance
Section xxx-102 Added Phase 11 Session Law to Authority for Ordinance.
Section xxx-103 Added Phase 11 background to Statement of Findings.
Section xxx-104 Added increased stormwater runoff to adverse effects to be controlled in the
Purpose.
Section xxx-104 Some communities have their IDDE Ordinances within their Post -Construction
Ordinances, Number 8 will be included for these communities, others will not
have Number 8. Three optional sections were not included.
Section xxx-105 Added wording that the ordinance is effective within the corporate and
extraterritorial jurisdictions of the community.
Section xxx-107 Changed Design Manual changes after the date of a plan submittal may control
and may be utilized rather than shall control and shall be utilized. The design
manual is updated by NC DENR and can be updated (and changed) on a periodic
basis. If the manual is changed after a design is submitted, complying with the
change has the potential to create an unfair and unforeseen cost on the part of
the developer and designer.
Section xxx-107 Added section specifically noting that local Design Manual must be as stringent
or more so than the NC DENR DWQ BMP Manual. This is a requirement of the
Phase 11 program and each local manual has been certified to this effect.
Section xxx-304 Changed the requirement for pre vs. post development discharge rates to be for
the ten year, 24 hour storm, rather than the 1-year, 24 hour storm. Several local
communities have adopted this requirement and it serves to provide better
protection for downstream property owners.
Section xxx-305 Added TSS removal for High Density Project must be done on site. This is a core
tenet of the Phase 11 Post -Construction Ordinance.
Section xxx-305 Removed the requirement for TSS removal for all BMP's. This requirement is not
needed with the above notation, it is more restrictive than the TSS
requirements for Phase 11, and it prevents usage of passive BMP's on low density
sites that may be better served by using passive BMP's.
Section xxx-306 Added Section allowing the Stormwater Administrator to require matching of
the pre -development and post -development runoff rates for up to the 100-year
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.com
ESTABLISHED - 1960
storm, if the project has the potential to increase downstream flooding and
erosion.
Section xxx-310 Revised the Variance procedures to incorporate the Phase 11 Post Construction
Ordinance procedures. The original Falls Variance procedures cited the
watershed review board and in general are cumbersome and more complicated
than the Phase 11 variance procedure that is included.
Section xxx-313 The biggest concern on the part of many local governments with the Phase 11
ordinance was the section on Operation and Maintenance of BMP's. This section
has been completely rewritten to revise the Operation and Maintenance
agreement and require a 40% payment of the construction cost of the BMP to
be held by the local government at the time of plat recordation. This guarantee
would provide the local government with a funding source in the future, should
the owner not have funding to maintain the BMP. Additionally, the local
government still has the ability to assess the owners of the BMP in order to
cover full maintenance costs. This section does away with the escrow account
that was financed from sinking funds, developer deposits, etc. This section
converted from a revised Operation and Maintenance Agreement suggested by
Mebane City Attorney, Charles Bateman.
Section xxx-402 Added the statement that the recorder of the final plat is to be the recorder of
the Operation and Maintenance Agreement plainly states who is responsible for
recording the O&M Agreement. This should prevent any confusion on local
government's parts as to the responsibility for recordation.
740 Chapel Hill Road (27215) - P.O. Box 1179 - Burlington, North Carolina 27216
TeL - (336)226-5534 - Fax — (336)226-3034 - awck.corn
ESTABLISHED - 1960
City of Roxboro
ILOXBOSO
O�TH CARO
e Stormwater Permit Application
FOR OFFICE USE ONLY
Pennit No.:
Rec'd By:
Date Rec'd:
City of Roxboro 779 Mountain Road City web site:
Telephone: (336) 503-0489 Roxboro, NC 27573 www.citvofroxboro.com
Fax: (336) 503-0588
Section A. SUMMARY INFORMATION
DEVELOPMENT NAME:
LOCATION:
PARCEL ID NO.:
TOTAL ACRES: TOTAL DWELLING UNITS (if applicable):
TOTAL DU/Acre: % Built Upon Area: TOTAL Built Upon Area:
F-1 LOW DENSITY (no more than two dwelling units per acre or twenty-four percent built -upon area).
F-1 HIGH DENSITY (exceeds the low density thresholds for dwelling units per acre or built -upon area).
Section B.
APPLICANT INFORMATION
Owner (Owner or Developer)
Owner: Phone No.:
Company: Fax No:
Address:
Fax No:
Email Address:
Zip:
Consultant (Person to contact regarding questions or revisions to the plan)
Contact Name: Phone No.:
Company: Fax No.:
Address:
Fax No:
Email Address:
Zip:
Form SWPA-1 I of 6 September 2011
ALL ITEMS ON THIS APPLICATION MUST BE ADDRESSED PRIOR TO SUBMITTAL.
ALL INCOMPLETE SUBMITTALS WILL BE RETURNED.
Section C. REQUIRED ITEMS CHECKLIST
The following checklists outline submittal requirements. Initial in the space provided to indicate the
following submittal requirements have been met and supporting documentation is attached.
General Requirements:
Applicant's initials
Sheets shall be no larger than 36" x 24" plan and profile paper.
2. Minimum text size shall be 1/8".
Scale on plan view shall be no smaller than I" = 5 0'; scale on profile view shall
be no smaller than 1 " = 50' horizontally and I" = 5' vertically using a grid
showing 1' intervals.
.4. All drawings to be in North Carolina State Plane coordinate system.
Cover sheet shall have a vicinity map at a scale no smaller than I" = 200'.
Provide a legend indicating existing and proposed lines, features and symbols.
Cover sheet shall include all general notes, owner's name, telephone number, and
mailing address.
All elevations shall be given in relation to mean sea level; elevations in profile
view shall be labeled in 10' intervals on the heavy lines (Ex. 350, 360).
Benchmark elevations and locations shall be shown on plan view.
10. Plan views shall have a north arrow on each drawing.
11. Each drawing shall have the following information in the title block: Street or
project title, limits, horizontal and vertical scales, original date, revisions date,
drawing number, checked by and drawn by. Recommended placement is lower
right-hand comer.
12. All drawings sealed, signed and dated by a NC Professional Engineer or
Landscape Architect.
13. A signed and sealed statement on the plans (if a high density project) certifying
that the design of all stormwater management facilities and practices will control
and treat the runoff from the from the first one inch of rain over the total drainage
area, that the designs and plans are sufficient to comply with applicable standards
and policies found in the Stormwater BMP Design Manual, and that the designs
and plans ensure compliance with the City's Stormwater Ordinance.
Form SWPA-1 2 of 6 September 2011
14. Plan view shall show all actual street names. State road numbers shall be shown
if applicable. Plan view should also indicate whether street is asphalt, concrete,
gravel or dirt. Proposed street & Right-of-way widths will be dimensioned back-
to-back and labeled in plan view.
15. Plan view shall show proposed and existing curb and gutter, pavement, storm
sewers, drainage structures, driveway pipes, water mains, sanitary sewer mains,
etc. All available elevations shall be shown on the profile view. Direction of flow
shall be shown on plan view for all sanitary sewers and storm drains. Materials
and pipe sizes shall be labeled.
16. Existing utility lines shall be shown and labeled on plan view and indicated in the
legend.
17. Plans shall show final proposed locations and dimensions of all water, storm
drain, and sanitary sewer lines, devices to be installed on the system, catch
basins, culverts, ditches, including grades, pipes sizes, elevations, assumptions,
calculations, invert elevations for all inlets and manholes and profiles of sanitary
sewer lines.
.18. All existing and proposed water, storm drainage and sanitary sewer easements
shall be shown on all applicable sheets.
.19. Number of dwelling units.
.20. Existing and proposed topographic lines (minimum 2-foot intervals).
.21. City limits, county lines, and other jurisdiction lines, if any.
.22. Streams, ponds, wetlands, etc. on the project site and within 50 feet of the
property lines.
.23. Location of floodplain and floodway (if applicable).
.24. Location of drainage ways and easements.
Site Drainage Features:
.25. Existing and planned drainage patterns (include off -site areas that drain through
project).
.26. Any existing stormwater control systems.
.27. Sub -watershed delineation showing drainage areas.
28. Show extent and number of disturbed acres.
.29. Proposed impervious areas.
30. Soil information: type, special characteristics.
3 1. Name and classification of receiving water course.
Form SWPA-I 3 of 6 September 2011
Permanent Stormwater Control Measures (High Density only):
32. Type of BMP (wet pond, rain -garden, etc).
33. Designer's certification.
34. Narrative description of proposed stormwater system (where runoff originates
(e.g. roofs, roads, parking lots etc.), its conveyance within the project, its
treatment, and its conveyance from the project to the receiving water body).
35. Profile along the centerline of the principal spillway/outfall pipe extending below
the protected outfall or to the downstream structure.
36. Elevations of the "water quality" surface, temporary storage water surface, and
the 10 and 100 year storms.
37. Stage -storage table for each BMP.
38. If BMP is to be used to treat construction site runoff, provide steps necessary to
restore BMP to original design condition.
39. All necessary construction specifications.
.40. Sequence of construction.
.41. Individual drainage areas for each stormwater BMP.
.42. Construction drawings and details for permanent measures.
43. Size and location of culverts.
.44. Size and location of subsurface drainage conveyances.
.45. Disclosure of party ultimately responsible for operation and maintenance of the
stonnwater system.
Stormwater Calculations:
.46. Narrative description of calculations (methods, variables, assumptions, etc.) and
results.
.47. Stormwater 13MPs designed in accordance with North Carolina Department of
the Environment and Natural Resources -Division of Water Quality's Manual of
Stormwater Best Management Practices.
.48. Time of concentration for pre/post development conditions
.49. Pre -construction and post -construction runoff calculations for each outlet from
the site (at peak discharge points).
.50. Pre -construction and post -construction design calculations and hydrographs.
.51. Design calculations of culverts and storm sewers.
Form SWPA-1 4 of 6 September 2011
52. Discharge and velocity calculations for open channel and ditch flows (easement
& right-of-ways).
53. Design calcs of cross sections and method of stabilization of existing and planned
channels (include temporary linings).
54. Design calcs and construction details of energy dissipators below culvert and
storm sewer outlets (diameters & apron dimensions).
55. Amount and type of existing and proposed land use.
Operation and Maintenance Manual (for each BMP, High Density only):
56. Narrative description of the purpose and operation of the BMP.
57. Detailed list, description, and procedure of routine maintenance items.
58. Detailed list, description, and procedure of non -routine maintenance items.
59. Maintenance schedule.
60. Steps needed to restore BMP in the event of a failure.
61. Maintenance checklist and inspection form.
62. BMP construction drawings. Replace with record drawings when BMP is
complete.
63. Latitude and longitude of each stormwater BMP.
Section D. ATTACHMENTS
0 3 sets of plans
0 1 set of calculations
0 Operation and Maintenance Manual
0 Application Fee
Form SWPA-I 5 of 6 September 2011
Section E. APPLICANT'S CERTIFICATION
Designer Certification:
I hereby certify that the design -related information submitted with this application for permit
coverage was prepared under my direction or supervision and that the information is, in the
exercise of my reasonable professional judgment, true, accurate and complete. I also hereby
certify that the stormwater collection, treatment and control system design submitted with this
application complies with all requirements of the City's Stormwater Ordinance.
Original Signature of Stormwater Designer Title
Type or Print Name
Owner Certification:
I hereby certify that I have read this application and agree to abide by the terms of any
Stormwater Permit issued by the City of Roxboro.
Original Signature of Owner or Authorized Agent Title
Type or Print Name
Form SWPA-1 6 of 6 September 2011
STORMWATER OPERATION AND
MAINTENANCE AGREEMENT
For
Structural Stormwater Management Facilities
City of Roxboro
October 2011
DRAFT
Structural Stormwater BMP Maintenance Agreement
THIS AGREEMENT, made this day of _, 20_, by and between
. hereinafter referred to as the "OWNER(S)"
and the City of Roxboro, North Carolina, hereinafter referred to as the "CITY",
WITNESSETH, that
WHEREAS, the OWNER is the owner of certain real property described as
as recorded by deed in the land records
of Person County, Deed Book Page . Parcel Identification Number
hereinafter called the "Property".
WHEREAS, the OWNER is proceeding to build on and develop the property; and
WHEREAS, the Site Plan/Subdivision Plan known as
(Name of'PlanlDevelopment)
hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be
approved by the CITY, provides for treatment of stormwater within the confines of the
property; and
WHEREAS, the CITY and the OWNER, its successors and assigns, including any
homeowners association, agree that the health, safety, and welfare of the residents of
Roxboro, North Carolina, require that on -site structural stormwater BMP facilities be
constructed and maintained on the Property; and
WHEREAS, the CITY requires that on -site structural stormwater Management facilities as
shown on the Plan be constructed and adequately maintained by the OWNER, its successors
and assigns, including any homeowners association.
NOW, THEREFORE, in consideration of the foregoing premises, the mutual covenants
contained herein, and the following terms and conditions, the parties hereto agree as follows:
The on -site structural stormwater Management facilities shall be constructed by the
OWNER, its successors and assigns, in accordance with the plans and specifications
identified in the Plan. This agreement specifically relates to BMP No.(s) as
identified on said plans.
2. The OWNER, its successors and assigns, including any homeowners association, shall
adequately maintain the structural stormwater BMP facilities in accordance with the
approved Operation and Maintenance Plan or Manual(s). This includes all pipes and
channels built to convey stormwater to the facility, as well as all structures,
improvements, and vegetation provided to control the quantity and quality of the
storrawater. Adequate maintenance is herein defined as good working condition so that
these facilities are performing their design functions.
Form SWMA-1 2 of 6 June 1, 2011
Structural Stormwater BMP Maintenance Agreement
3. The OWNER, its successors and assigns, shall ensure the structural stormwater BMP
facility is inspected by a qualified professional and shall submit an annual inspection
report to the City. The inspection report shall be due annually 30 days from the date of
the final structural stormwater Management facilities construction inspection. The
purpose of the inspection is to assure safe and proper functioning of the facilities. The
inspection shall cover the entire facilities, berms, outlet structure, pond areas, access
roads, etc. Deficiencies shall be noted in the inspection report. In the case of BMP's
located in the Public Water Supply Watershed, annual inspections will be made by the
City and paid for by the Owner from the fees collected at the time of BMP plan approval.
4. The OWNER, its successors and assigns, hereby grant permission to the CITY, its
authorized agents and employees, to enter upon the Property and to inspect the structural
stormwater Management facilities whenever the CITY deems necessary. The purpose of
inspection is to follow-up on reported deficiencies and/or to respond to citizen
complaints. The CITY shall provide the OWNER, its successors and assigns, copies of
the inspection findings and a directive to commence with the repairs if necessary.
5. Before the CITY shall approve the completed facility and issue final certificates of
occupancy, the Owner and/or maintaining entity shall furnish the CITY with a financial
guarantee insuring future maintenance, operation, and repair of the facility. The financial
guarantee shall be in the form of cash or an irrevocable letter of credit and made payable
to the CITY. The amount of guarantee shall be 40% of the total cost of constructing the
facility based on actual contract prices for said facility. The Owner and/or maintaining
entity shall also pay to the CITY as this time a fee for annual inspections for facilities
located in the Public Water Supply Watershed, currently set at $10,000.00 per BMP.
The initial duration of the financial guarantee shall be for 20 years. At the end of that
period, the CITY may extend such periods of guarantee as the CITY deems appropriate.
The financial guarantee may be dissolved at any time by mutual agreement when the
need for such guarantee no longer exists. Any funds remaining from such guarantee will
be returned to the appropriate entity.
6. In the event the OWNER, its successors and assigns, fails to maintain the structural
stormwater Management facilities in good working condition acceptable to the CITY or
that maintenance and repairs are not being made as required or that any action is not
being done in accordance with this agreement, the CITY shall notify the responsible
entity who shall be given a reasonable time to correct such deficiencies. Should the
responsible entity fail to act in a timely manner, or otherwise fail to correct the
deficiencies, the CITY will institute appropriate action to obtain compliance including
criminal or civil penalties, or both. In addition, the CITY may declare the responsible
entity in default of this agreement and financial guarantee and use part or all of such
guarantee funds to correct the deficiencies and may assume actual operation and
maintenance. Default of this agreement does not release the responsible entity from
liability/responsibility for the deficiencies, nor release the entity from this agreement.
Likewise, default of this agreement does not prevent the CITY from taking action against
the responsible entity to recover the cost of such actions to correct the deficiencies.
Form SWMA-1 3 of 6 June 1, 2011
Structural Stormwater BMP Maintenance Agreement
7. For all structural stormwater Management facilities which are to be or are owned and
maintained by a property owner's association or similar entity, the OWNER also agrees
to the following provisions:
a. Acknowledgment that the association shall continuously operate and maintain the
structural stormwater Management facilities.
b. Establish adequate owner/property association dues which are to be spent solely for
sediment removal, structural, biological or vegetative replacement, major repair, or
reconstruction of the stormwater control measures and devices of the particular site
plan or subdivision.
c. Granting to the CITY a right of entry to inspect, monitor, maintain, repair, and
reconstruct structural stormwater Management facilities.
d. Allow the CITY to recover from the association and its members any and all costs the
CITY may expend to maintain or repair the stormwater control and management
facility or to correct any operational deficiencies as a result of default by the
Owner/association/responsible entity. Failure to pay to the CITY all of its expended
costs, after thirty (30) days written notice, shall constitute a breach of the agreement.
The CITY shall thereafter be entitled to bring an action against the association and its
members to pay, or foreclose upon the lien herein authorized by the agreement
against the property, or both in the case of a deficiency. Interest, collection costs, and
attorney fees shall be added to the recovery.
8. The OWNER, its successors and assigns, will perform the work necessary to keep these
facilities in good working order as appropriate. In the event a maintenance schedule for
the structural stormwater Management facilities (including sediment removal) is outlined
on the approved plans, the schedule will be followed.
9. In the event the CITY, pursuant to this Agreement, performs work of any nature, or
expends any funds in performance of said work for labor, use of equipment, supplies,
materials, and the like, the OWNER, its successors and assigns, shall reimburse the CITY
upon demand, within thirty (30) days of receipt thereof for all actual costs incurred by the
CITY hereunder.
10. This Agreement imposes no liability of any kind whatsoever on the CITY and the
OWNER agrees to hold the CITY harmless from any liability in the event the structural
storrawater Management facilities fail to operate properly.
11. This Agreement shall be recorded among the land records of Person County as
appropriate, North Carolina, and shall constitute a covenant running with the land, and
shall be binding on the OWNER, its administrators, executors, assigns, heirs and any
other successors in interests, including any homeowners association.
Form SWMA-1 4 of 6 June 1, 2011
IN WITNESS WHEREOF, the parties have executed this agreement on the day and year first
above written:
Name of Company/Corporation/Partnership/Individuals (Seal if corporation)
M.
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
— '20—, by
NOTARY PUBLIC
My Commission Expires:
Form SWMA-1 5 of 6 June 2011
CITY OF ROXBORO, NORTH CAROLINA
M
City of Roxboro (Seal)
(Type Name)
(Type Title)
STATE OF NORTH CAROLINA
CITY OF
The foregoing Agreement was acknowledged before me this day of
— � 20_, by
NOTARY PUBLIC
My Commission Expires:
Approved as to Form:
City Attorney Date
Form SWMA-1 6 of 6 June 2011
City of Roxboro
UOXBOHO
TH CARO
)a- Stormwater As -built Submission Form
City of Roxboro
Telephone: (336) 503-0489
Fax: (336) 503-0588
779 Mountain Road
Roxboro, NC 27573
FOR OFFICE USE ONLY
Permit No.:
Rec'd By:
Date Rec'd:
City web site:
www.citvofroxboro.com
Prior to obtaining a Certificate of Occupancy, the following items must be provided to the
City of Roxboro Stormwater Administrator for approval. These will be compared to the
approved stormwater permit application for any irregularities or non-conformance with the
approved plans.
0 As -built Drawings (2 paper copies)
0 Electronic As -built Drawings (.dwg, or pdf format.)
0 Designer's Storfnwater BMP Certification
The as -built drawings shall reflect the "as -constructed" condition of the development, and
shall include sufficient information to demonstrate conformance with the approved
stormwater permit application. Significant deviations from the approved plan shall be
considered violations of the City of Roxboro Stormwater Ordinance and are grounds for the
invocation of the injunctions and penalties defined therein, and/or withholding the release of
any bond pending the completion of corrective action(s), and/or requiring a submittal of a
revised stormwater permit application.
In the event that the Stormwater Administrator requires submittal of a revised plan, the
revision shall include a description of the discrepancies between the site conditions and the
prior approved stormwater permit application, along with design calculations that
demonstrate that the as -built conditions comply with the City of Roxboro Stormwater
Ordinance. Should the as -built conditions be shown to have a negative impact with regards
to flooding, maintenance, erosion or water quality, the Stormwater Administrator has the
authority to require other mitigation measures and proposed design plans to mitigate any
potential impacts from the development.
Submitted By:
(Signature Required)
(Print Name)
Date:
Seal
(N.C.P.E. or A.S.L.A.)
Form SWSF- 1 1 of 1 October 2011
City of Roxboro
VLOXBORO
TH CARO Wet Detention Pond
�& Statement of Certifcation
City of Roxboro
Telephone: (336) 503-0489
Fax: (336) 503-0588
Description
Slope of embankments (3: 1)
Elevations on the following:
Bottom of pond
Bottom of riser
Top of riser
Water quality hole
Invert of inflow and outflow pipes
Top of dam: Elevation and width
Width of maintenance benches
Anti -seep collars — size
Size and material of riser/barrel
Verification of volume:
Permanent Sediment Storage (CF)
Permanent Water Quality (SF)
Temporary Water Quality (CF)
Baffle location and top elevation
Emergency Spillway - Width
Emergency Spillway - Elevation
779 Mountain Road
Roxboro, NC 27573
FOR OFFICE USE ONLY
Permit No.:
Rec'd By:
Date Rec'd:
City web site:
www.citvofroxboro.com
Design As -built
I state to the best of my knowledge and belief that the permanent structural stormwater Best
Management Practice(s) for will control and treat the runoff from the
(name of plat)
first one inch of rain over the total drainage area, is duly recorded in the Office of the Person
County Register of Deeds, and has been completed in conformance with the approved plans
and specifications dated
(approval date)
SIGNATURE (Seal)
DATE (N.C.P.E. or A.S.L.A.)
Stormwater Permit #:
CITY OF ROXBORO, NORTH CAROLINA
STORMWATER PERMIT
On the date listed below, the City of Roxboro Stormwater Administrator received a request to consider the
following application:
Application Date:
Record Owner(s):
Property Location:
Parcel Identification Number, and Lot #:
Impervious Coverage (acres):
0 High Density El Low Density
Type and number of BMPs proposed:
Approval Date:
Acreage:
SECTION 1. APPROVAL: Having reviewed the application and all supporting materials the Stormwater
Administrator has determined that the application is complete, and subject to the conditions imposed below, and
the proposed development meets the requirements of the City of Roxboro Stormwater Ordinance.
SECTION 2. CONDITIONS: Therefore, the above referenced site and land used is hereby approved and
subject to all applicable provisions of the City of Roxboro Stormwater Ordinance, Sections 3 and 4 of this
permit, and the following condition(s) which the Stormwater Administrator finds necessary for the proposed
development to meet the intent of the ordinance:
I This permit shall be valid for a period of two years from the date of issuance unless a valid building
permit has been issued and maintained for the site or the permit has been revoked by the City of
Roxboro. If, after two years the permitted activity has not begun nor a valid building permit secured,
this permit shall expire.
2. All land purchases and transfers necessary to secure the property for development shall be completed
prior to recordation of this permit.
3. The development of the tract shall proceed in conformity to all plans, design features, and restrictions
submitted as part of the storrawater permit application and kept on file by the City of Roxboro except
that the City of Roxboro Stormwater Administrator may approve minor changes to such plans as
required by field conditions.
4. The petitioner shall complete all required off -site storrawater improvements and receive approval from
the City for such improvements prior to the release of any certificates of occupancy.
5. The petitioner shall submit a Floodplain Development Permit Application and receive approval from the
City of Roxboro prior to any land disturbance or filling of land located within Special Flood Hazard
Areas.
Form SWP-1 I ol'3 October 2011
Stormwater Permit #:
6. The petitioner shall submit a Sedimentation and Erosion Control Plan Application and receive approval
from the North Carolina Department of Environment and Natural Resources, Land Quality Section prior
to any land disturbance or filling of land.
SECTION 3. VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with
the type and intensity of use only as such relates to the requirements of the stormwater ordinance and in the
manner as herein described and as shown on the approved site plan. Development of the property, however,
shall be subject to any and all future amendments to this ordinance which do not affect such type and intensity
of use and shall proceed in ftill compliance with all other applicable local, state and federal regulations.
SECTION 4. DEED RESTRICTION -PROTECTIVE COVENANT. The following italicized deed
restrictions and protective covenants shall be recorded for all subdivisions, outparcels, and future development
prior to the sale of any lot.
Development of subject property is required to be in accordance with the City of Roxboro's Stormwater
Ordinance. The recording of this document establishes an enforceable restriction ofproperty usage that
runs with the land to ensure that future development andlor redevelopment shall maintain the site in a
manner consistent with applicable law and the approved project plans. Any alterations to the site shall
not be permitted without review and approval by the City ofRoxboro.
SECTION 5. SEVERABILITY. Invalidation of any one or more of the conditions set forth herein shall not
adversely affect the balance of said conditions, which shall remain in full force and effect.
[Stormwater Administrator] [date]
NORTH CAROLINA
PERSON COUNTY
a Notary Public of the aforesaid County and State, certify that
personally appeared before me and acknowledged that he is Stormwater Administrator of
the City of Roxboro, North Carolina and pursuant to authority duly given, and as an act of the County, he
executed this Agreement for the purpose herein expressed.
WITNESS my hand and Notarial Seal this the _ day of _, 20
My Commission Expires:
NOTARY PUBLIC
(Seal)
1, , owner(s) of the subject property, do hereby acknowledge receipt of this Stormwater
Permit and agree to the conditions stated within. I ftirther acknowledge that no work may be done pursuant to
this permit except in accordance with all of the conditions and requirements listed and that these conditions and
requirements shall be binding upon me and my successors in interest and shall run with the land in perpetuity.
ATTEST:
Form SWP-1 2 of 3 October 2011
Stormwater Permit #:
[NAME], Owner
[name], Owner
NORTH CAROLINA
PERSON COUNTY
I, , a Notary Public, do hereby certify that [owner name(s)] personally
appeared before me this day and acknowledged that [he/she/they] [is/are] the owner(s) of [address].
WITNESS my Hand and Official Seal, this the _ day of � 20
My Commission Expires:
NOTARY PUBLIC
(Seal)
Form SWP-1 3 qj-3 October 2011