Loading...
HomeMy WebLinkAboutNCS000547_12_City of Roxboro SCM Maintenance Program_20210610City of Roxboro Stormwater Best Management Practices (BMP) Operation and Maintenance Program January 2021 Prepared by: alley, williarns, carmen & king, inc. engineers and architects 740 chapel hill road - post office box 1179 burlington, north carolina 27216-1179 This page intentionally left blank Table of Contents 1. MAINTENANCE PROGRAM INTRODUCTION .................................................... 4 2. GENERAL STANDARDS FOR MAINTENANCE ............................................... 4-4 3. OPERATION AND MAINTENANCE AGREEMENT .......................................... 5-6 4. INSPECTION PROGRAM ..................................................................................... 7-7 5. PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE ... 7 6. NOTICE TO OWNERS .............................................................................................. 7 7. RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES ................ 8 8. NUISANCE .................................................................................................................. 8 9. MAINTENANCE EASEMENT .................................................................................... 8 Page 3 of 8 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 Roxboro's jurisdiction. This program is the extension of the City's Stormwater Post Construction Ordinance. The City of Roxboro 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 Mayor or his/her designee (Currently the Public Works Director) 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; Page 4 of 8 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 BIVIP. 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 owner's 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 Roxboro 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 Roxboro 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 Person 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. Page 5 of 8 b.) Special Requirement for Homeowners'and Other Associations For all structural BMPs required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions: 1 . Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities. 2. Establishment of a financial guarantee to be provided solely for the maintenance of the structural BIVIP. See provisions for this in Section 53.153 — "Performance Security For Installation and Maintenance" in the City Of Roxboro, North Carolina Code of Ordinances. 3. Granting to the City of Roxboro a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs. 4. Allowing the City of Roxboro to recover from the association and its members any and all costs the City of Roxboro expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the City of Roxboro 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 Roxboro 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 Roxboro to maintain or repair any structural BMPs, and the City of Roxboro 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 Roxboro to enforce any of its ordinances as authorized by law. 7. A provision indemnifying and holding harmless the City of Roxboro for any costs and injuries arising from or related to the structural BIVIP, unless the City of Roxboro 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. Page 6 of 8 4. INSPECTION PROGRAM Inspections and inspection programs by the City of Roxboro may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. If the owner or occupant of any property refuses to permit such inspection, the Stormwater Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper or interfere with the Stormwater Administrator while carrying out his or her official duties. 5. PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE a.) Shall Be Required The City of Roxboro shall, at its discretion, require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are Installed by the permit holder as required by the approved stormwater management plan, and/or 2. Maintained by the owner as required by the operation and maintenance agreement. See provisions for this in Section 53.153 — "Performance Security For Installation and Maintenance" in the City Of Roxboro, North Carolina Code of Ordinances. 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 Person 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 Person County Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. Page 7 of 8 b.) Signage Where appropriate in the determination of the Stormwater Administrator to assure compliance with this ordinance, structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The sign shall be maintained so as to remain visible and legible. 7. RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES The owner of each structural BMP shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation of the record and shall submit the same upon reasonable request to the Stormwater Administrator. 8. NUISANCE The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition. 9. MAINTENANCE EASEMENT Every structural BMP installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair by a maintenance easement. This access maintenance easement shall have a minimum width of 20 feet, a maximum slope of 15%, be connected to public right-of-way, be cleared, and be traversable by construction equipment. The easement shall be recorded and its terms shall specify who may make use of the easement and for what purposes. Page 8 of 8