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HomeMy WebLinkAboutNCS000547_6_Falls Lake Program Narrative_20210610aM alle 8K williams, earmen, and kingi, ine Engineering e Architecture # Land Surveying 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 8M alle 8K williams, earmen, and kingi, ine Engineering e Architecture # Land Surveying 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 aM alle GK williams, earmen, and kingi, ine Engineering e Architecture # Land Surveying 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 8M alle 8K williams, earmen, and kingi, ine Engineering e Architecture # Land Surveying 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