WSMU_HICK_WSWP Ordinance_20230612

4.4.11 Certificate of Appropriateness
Procedures. Certificates of Appropriateness shall be reviewed and approved in accordance with
the procedures of Sec. 2.5.
4.5 Watershed Protection Overlay District (WP-O) (TA 18-01)
4.5.1 General Provisions
Intent.The WP-O,Watershed Protection Overlay district provisions of this section are intended to
carry out the requirements of Article 21 of Chapter 143 of the General Statutes of North Carolina
and to limit the exposure of public supply watersheds to pollution from surface water runoff. The
sources of such pollution include stormwater runoff from built upon areas,leachate from sanitary
landfills, accidental spills of hazardous materials, wastewater discharges, soil erosion, land
application of sludge or petroleum contaminated soils and other point and nonpoint sources of
pollution. Generally,land within the Lake Hickory Water Supply Watershed is classified as WS-
IV,and land within the Jacob's Fork Water Supply Watershed is classified as WS-III.
Effect of WP-O District Designation. The WP-O district is applied in combination with
("overlaying") existing base zoning districts and has the effect of modifying the requirements,
regulations and procedures applying in the applicable base-zoning district to the extent expressly
indicated in this section. When no special WP-O district standards are specified, all other
applicable regulations of this Land Development Code will govern.
4.5.2 Applicability; Exemptions(TA 21-01)
New development within watershed areas on parcels or project sites equal to or greater than one
(1)acre shall comply with the requirements of this section.Development on parcels or project sites
less than one (1) acre are not exempt if they are part of a larger common plan of development or
sale,even though multiple,separate or distinct activities take place on different schedules.All new
development shall comply with the buffer requirements of Sec.4.5.10.
Existing development is not subject to the requirements of this section. Expansions to structures
classified as existing development must meet the requirements of this ordinance,however,the built-
upon area of the existing development is not required to be included in the density calculations.
Single lots of record as of June 30, 1993,if zoned for residential use,may be developed for single
family residential purposes in accordance with the other requirements of the Hickory Land
Development Code without being subject to the restrictions of this section.Such lots of record shall
not be required to be combined to achieve the density standards of this section.
Expansions to non-single family structures classified as existing development must meet the
requirements of this section; however, the built upon area of the existing development is not
required to be included in the density calculations. Expansions to structures other than existing
development must meet the requirements of this section for the entire site.
Redevelopment of built upon areas of existing development is allowed if the rebuilding activity
does not have a net increase in built upon area or provides equal or greater stormwater control
than the previous development.
Single family dwellings may be expanded, redeveloped or replaced in accordance with the other
requirements of the Hickory Land Development Code without being subject to the restrictions of
this section.
Nothing contained herein shall repeal,modify,or amend any state or federal law or regulation, or
any ordinance or regulation pertaining thereto except any ordinance which these regulations
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specifically replace; nor shall any provision of this ordinance amend, modify, or restrict any
provisions of the City's Code of Ordinances resolutions,and regulations in effect in the City at the
time of the adoption of this ordinance that may be constituted to impair or reduce the effectiveness
of this ordinance or to conflict with any of its provisions.
It is not intended that these regulations interfere with any easement,covenants or other agreements
between parties. However, if the provisions of these regulations impose greater restrictions or
higher standards for the use of land or a building, then the provisions of these regulations shall
control.
4.5.3 WP-O District Boundaries
The boundaries of the WP-O district are shown on the official zoning map. The WP-O district is
divided into critical area and protected area sub districts shown on the official zoning atlas.
4,5,4 Definitions(TA 21-01}
Unless specifically defined below,words or phrases used in this section shall be interpreted so as
to give them the meaning they have in common usage and to give this section its most reasonable
application. The definitions of this subsection shall be used solely for the purpose of interpreting
and administering the Watershed Overlay district provisions of this section.
Term Demotion
Animal Unit A unit of measurement developed by the US Environmental Protection Agency that is
used to compare different types of animal operations.
Buffer An area of natural or planted vegetation through which storm water runoff flows in a
diffuse manner so that the runoff does not become channelized and which provides for
infiltration of the runoff and filtering of pollutants. The buffer is measured landward
from the normal pool elevation of impounded structures and from the bank of each side
of streams or rivers.
Impervious Coverage That portion of a development project that is covered by impervious or partially
(TA 14-01) impervious cover including buildings,pavement,gravel areas,recreation facilities(e.g.,
tennis courts,etc.)(Note:Wooden slatted decks and the water area of a swimming pool
are considered pervious.)Measurements of impervious coverage shall be based upon
net project area excluding land within existing street right of way or within the flooding
easements of Lake Hickory.
Critical Area The watershed area adjacent to Lake Hickory west of the NC 127 bridge extending
either one half mile from the normal pool elevation of the lake or to the ridgeline of the
watershed(whichever comes first)where the risk associated with pollution of the water
supply is greatest. This term also applies to any portion of the Hickory Regional
PIanning Area located in the Jacob's Fork Water Supply Watershed for the application
of watershed protection overlay district regulations.
Developed Parcel Any parcel of a parcel pair that, under any approval granted under this part, may be
developed to a development density or intensity that exceeds the maximum
development density or intensity that would apply to the parcel if the paired-parcel
averaged-density development option were not available.
Exemption An exemption is the complete waiver of a management requirement or the relaxation
of any management requirement that applies to a development proposal intended to
qualify under the high-density option.
Existing Development Existing development,for the purposes of these rules,shall be defined as those projects
that are built or those projects that at a minimum have established a vested right under
North Carolina zoning law as of the effective date this Water Supply Ordinance(July
1, 1993) or such earlier time that the City of Hickory's management plans and
ordinance shall specify,based on at least one of the following criteria:
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(1) Substantial expenditures of resources (time, labor, money)based on a good
faith reliance upon having received a valid approval from the City of Hickory to proceed
with the project;or upon having an approved preliminary plat or planned development
or group housing development plan;or
(2) Having a valid building permit as authorized by North Carolina General
Statute;or
(3) Having a valid zoning compliance permit as outlined within this ordinance.
Hazardous Material Any substance listed as such in the Comprehensive Environmental Response,
Compensation and Liability Act(CERCLA)at 42 U.S.C.Chapter 103(CERCLA);the
1986 amendments to CERCLA known as the Superfund Amendments and
Reauthorization Act (SARA, Section 302 (dealing with extremely hazardous
substances);or 33 U.S.C. § 1321 (Section 311 of the Clean Water Act dealing with oil
and hazardous substances.
Landfill A facility used for the disposal of solid waste on land in a sanitary manner in accordance
with Chapter 130A, Article 9 of the NC General Statutes. For the purpose of this
section,the term does not include composting facilities.
Nonresidential Development All development other than residential development,agriculture or silviculture.
Paired-parcel Averaged-A development proposal that includes a parcel pair meeting the development standards
density Development of this Section and that qualifies for local development approval under the density-
(TA 14-01 avera:ing provision of NCGS§143-214.5.
Parcel Pair Two noncontiguous parcels of land under the same or separate ownership, or two
_____________________ ous parcels of land under separate ownership,the development plans for which
been submitted in tandem so as to qualify for density averaged development
permission under this Section.
Perennial Stream Streams that have flow year-round and are shown on the US Geological Survey's
quadrangle as a solid blue line or as identified by the jurisdictional assessment required
in this section.
Protected Area The area adjoining and upstream of the critical area of the Water Supply Watershed in
which protection measures are required. The boundaries of the protected area are
defined as extending five miles upstream and draining to the portions of Lake Hickory
west of the NC 127 bridge or to the ridgeline of the watershed,whichever comes first.
This term also applies to any portion of the Hickory Regional Planning Area located in
the Jacobs Fork Water Supply Watershed for the application of watershed protection
overlay district regulations.
Stormwater Control Measures A structural or nonstructural management-based practice used singularly or in
(SCMs) combination to reduce nonpoint source inputs to receiving waters in order to achieve
water quality protection goals.
Stormwater Design Manual The latest edition of the Stormwater Design Manual published by the North Carolina
Department of Environmental Quality, Division of Energy, Mineral, and Land
Resources(DEQ,DEMLR)
Undeveloped Parcel The parcel in a parcel pair that is not developed.
Water Dependent Structure Any structure for which the use requires access to or proximity to or siting within
surface waters to fulfill its basic purpose, such as boat ramps,boathouses, docks and
bulkheads.Ancillary facilities such as restaurants,outlets for boat supplies,parking lots
and commercial boat storage areas are not water dependent structures.
Watershed The entire land area contributing surface drainage to a specific point(e.g., the water
supply).
4.5.5 Prohibited Uses in the Critical Area
Within the critical area, sanitary landfills and new sites for land application of sludge/residuals or
petroleum contaminated soils are prohibited.
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4.5.6 Restrictions on Uses within the Protected and Critical Areas
Within the critical area, agriculture is subject to the provisions of the Food Security Act of 1985
and the Food,Agriculture,Conservation and Trade Act of 1990.
Agricultural activities must maintain a minimum 10 foot-wide vegetated buffer or equivalent
control as determined by the Soil and Water Conservation Commission,along all perennial waters
as shown on the official zoning atlas.
Animal operations greater than 100 animal units shall employ best management practices by July
1, 1994. The Soil and Water Conservation Commission is responsible for implementing these
provisions pertaining to agricultural activities.
Silviculture activities shall be subject to the provisions of the Forest Practices Guidelines Related
to Water Quality(15A NCAC 1.I.0101.0209).The North Carolina Division of Forest Resources is
responsible for implementing these provisions pertaining to silviculture activities.
New nonresidential development within watershed areas shall incorporate adequately designed,
constructed and maintained spill containment structures if hazardous materials arc either used,
stored or manufactured on the premises.
The construction of new roads and bridges and nonresidential development shall minimize built
upon area, divert stormwater away from surface water supply waters as much as possible, and
employ stormwater control measures(SCMs)to minimize water quality impacts.
Road construction shall use SCMs outlined in the North Carolina Department of Transportation
document entitled, "Best Management Practices for the Protection of Surface Waters."
4.5.7 Density Requirements
Within the protected and critical areas,the following density and impervious coverage limits shall
apply to new development that is not otherwise exempted by Section 4.5.2 above:
Low Density Option(WS-III)
(1) New development under the low-density option is not required to provide SCMs meeting
the design standards of the NCDEQ, DEMLR as the primary treatment system for
stonnwater runoff.
(2) Within the critical area,residential uses are allowed at a maximum density of I dwelling
unit per acre; other residential and all nonresidential development shall be subject to a
maximum impervious coverage limit of 12 percent. Stormwater runoff from the
development shall be transported by vegetated conveyances to the maximum extent
practicable.
(3) Within the protected area, single-family detached residential projects are allowed at a
maximum density of 2 dwelling units per acre; all other residential and all nonresidential
development shall be subject to a maximum impervious coverage limit of 24 percent.
Stormwater runoff from the development shall be transported by vegetated conveyances to
the maximum extent practicable.
Low-Density Option(WS-IV)
(1) New development under the low-density option is not required to provide SCMs meeting
the design standards of the NCDEQ, DEML as the primary treatment system for
stormwater runoff.
(2) Within the critical area,residential uses are allowed at a maximum density of 2 dwelling
units per acre; other residential and all nonresidential development shall be subject to a
maximum impervious coverage limit of 24 percent. Stormwater runoff from the
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development shall be transported by vegetated conveyances to the maximum extent
practicable.
(3) Within the protected area,residential projects utilizing curbs and gutters are allowed at a
maximum density of 2 dwelling units per acre; other residential and all nonresidential
development shall be subject to a maximum impervious coverage limit of 24 percent.
Stormwater runoff from the development shall be transported by vegetated conveyances to
the maximum extent practicable.
High Density Option(WS-III)
(1) New development under the high-density option must employ SCMs, or alternative
stormwater management systems consisting of other treatment options, or a combination
of treatment options approved by the NCDEQ,DEMLR.
(2) SCMs engineered to control and treat the first one inch of rainfall, designed by a North
Carolina registered professional engineer and meeting the design standards of the NCDEQ,
DEMLR,must be employed under the high-density option as the primary treatment system
for stormwater runoff.
(3) Under the high-density option,maximum impervious coverage shall not exceed 30 percent
in the critical area or 50 percent in the protected area on a project-by-project basis. The
exposed surface area in plan view of a SCM may be considered pervious when computing
impervious area.
High Density Option(WS-IV)
(1) New development under the high-density option must employ SCMs, or alternative
stormwater management systems consisting of other treatment options, or a combination
of treatment options approved by the NCDEQ,DEMLR.
(2) SCMs engineered to control and treat the first one inch of rainfall, designed by a North
Carolina registered professional engineer and meeting the design standards of the NCDEQ,
DEMLR,must be employed under the high-density option as the primary treatment system
for stormwater runoff.
(3) Under the high-density option,maximum impervious coverage shall not exceed 50 percent
in the critical area or 70 percent in the protected area on a project-by-project basis. The
exposed surface area in plan view of a SCM may be considered pervious when computing
impervious area.
4.5.8 Cluster Development(TA 21-01)
Clustering of development is permitted on a project-by-project basis in protected and critical areas,
subject to Sec. 8.8 and Chapter 5 and the following conditions:
Minimum lot sizes are not applicable to single family dwelling cluster development projects;
however, the total number of lots shall not exceed the number of lots allowed for single-family
detached residential development outlined herein. Density or built-upon area for the project shall
not exceed that allowed for the critical area,protected area,whichever applies.
All built-upon areas shall be designed and located to minimize stormwater runoff impact to the
receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow
through vegetated areas,and maximize the flow length through vegetated areas.
Areas of concentrated density development shall be located in upland areas and away, to the
maximum extent practical,from surface waters and drainage ways.
The remainder of the tract shall remain in a vegetated or natural state. The title to the open spaces
area(s) shall be conveyed to an incorporated homeowners association for management; to a local
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government for conservation as a park or open space; or to a conservation organization for
preservation in a permanent easement. When a property association is not incorporated, a
maintenance agreement shall be filed with the property deeds.
Cluster development that meets the applicable low density requirement shall transport stormwater
runoff by vegetated conveyances to the maximum extent practical.
4.5.9 Planned Developments
Planned developments shall be treated as a single property where development-wide stormwater
and erosion control measures are utilized. Project densities and impervious coverage may be
calculated on a development-wide basis for such projects.
4.5.10 Buffer Areas Required
A minimum 100-foot vegetative buffer is required for all new high-density development activities
and a minimum 30-foot vegetative buffer is required for all new low-density development activities
along all indicated perennial waters within the WP-O district. No new development is permitted
within the buffer except for artificial stream bank or shoreline stabilization, water dependent
structures and public or private projects such as road crossings or greenways where no practical
alternatives exist. Activities within buffer areas shall minimize impervious coverage area, direct
runoff away from surface waters and maximize the utilization of stormwater best management
practices.
4.5.11 Application Submittal Requirements (TA 21-01)
In addition to the information otherwise required to be submitted with Zoning Compliance Permits,
the following information shall be required to be submitted with Zoning Compliance Permit
applications for all projects within the WP-O district:
(1) The square footage and percent of impervious coverage area.
(2) For residential projects,total dwelling units and dwelling units per acre.
(3) The accurate location of all perennial streams and natural drainage areas on the property.
(4) The location and landscaping proposed for all required buffer areas.
(5) For high density projects, copies of the development plan including a location map,
adjoining property owners,lot dimensions, and rights of way; the accurate location of all
existing and proposed buildings and other structures, and the location and size in square
feet of all impervious coverage areas. In cases where the developer intends to sell
development rights to a third party or subdivide the property, the plan must specify the
maximum allowed impervious coverage area for each parcel or tract.
(6) For high density projects,the location of any stormwater SCMs and copies of the plans and
specifications for any stormwater SCMs designed and sealed by a North Carolina
registered professional engineer with qualifications appropriate for the type of system
required.
(7) Copies of the plans and specifications for proposed drainage facilities, including
approximate location and dimensions of open drainage ways, storm drains, culverts,
stormwater SCMs or areas where water is to be diverted through grading,designed either
by a North Carolina Registered Engineer or Landscape Architect, to the extent that the
North Carolina General Statutes, Chapter 89A,allow.
(8) Written verification that a soil erosion and sedimentation control plan has been submitted
to and approved by the appropriate state or local agency.
(9) Permit application fees as set by the Hickory City Council.
(10) For high density projects,a legal description of the area containing the stormwater SCMs
and providing access to said SCMs shall be prepared as an easement to be filed with the
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Register of Deeds. The easement shall include the SCMs,vegetative filters, all pipes and
water control structures, berms dikes, and area necessary to perform inspections,
maintenance and repair.
(11) For high-density option projects, the proposed security performance guarantee or other
security to provide adequate financial assurance for the construction of the SCMs and
associated stormwater control structures.
(12) For high density option projects, the Proposed Operation and Maintenance Agreement
between the City of Hickory and the owning entity to maintain, repair and if necessary,
reconstruct the SCMs and its associated stormwater control structures in accordance with
the operation and management plan and manual provided by the developer.
(13) For high density option projects, an operation and maintenance plan and manual
indicating what operation and maintenance actions are needed,what specific quantitative
criteria will be used to determine when those actions are to be taken and who is responsible
for those actions. The plan shall clearly indicate the steps that will be taken for restoring
the SCMs to design specifications if a failure occurs.
4.5.12 Density Averaging(TA 14-01)
Density averaging involves the use of two(2)non contiguous parcels and is based on the premise
the development plans for a pair of parcels can be submitted together and treated as a single project
for purposes of these regulations. The amount of development allowed for the paired parcel taken
together cannot exceed the amount of development that would be allowed if the parcels were
developed separately.
A. Documentation shall be submitted to ensure that both parcels considered together meet the
standards of the ordinance and that potential buyers have notice of how the watershed
regulations were applied to the parcel pair. Only owners of both of the paired parcels may
submit the documentation. A site plan for both parcels must be submitted and approved as
part of the approval process. If approval is granted,no change in the development proposal
authorized for either parcel shall be made unless the approval t is amended. Included with
the documentation will be a site plan,registered plats for both properties,a description of
both properties and documentation reflecting the development restrictions to the parcel pair
that will remain undeveloped. A metes and bounds description of the areas to remain
vegetated and limits on use shall be recorded on the subdivision plat, in homeowners'
covenants and on individual deeds,and shall be irrevocable.
B. Density Averaging shall be considered if the following exist:
(1) Parcels pairs being submitted for approval under this provision shall be submitted for
development approval as a single unitary proposal.
(2) Sufficient information shall be submitted so that it may be determined that the density
of the paired parcels, calculated either by dwelling units per acre or built upon area,
shall not exceed the density that would be allowed if the parcels were developed
separately. The paired parcels shall be located within the same water supply watershed
and preferably in the same drainage area of the watershed. Parcels to be used in pairs
may be located in the Protected or Critical Areas. However, if one of the parcels is
located in the Critical Area and one is located in the Protected Area the Critical Area
parcel shall not be developed beyond the applicable density requirements for its
classification.
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(3) Vegetative buffers shall at a minimum meet the appropriate minimum statewide water
supply watershed protection requirements on both parcels in the parcel pair according
to the density of development occurring on each parcel.
(4) Sufficient information shall be submitted so that it may be demonstrated that the parcels
are designed to:
a. Minimize stormwater runoff impact to the receiving waters by minimizing
concentrated storm water flow;
b. Maximize the use of sheet flow through vegetated areas;
c. Minimize impervious surface areas;
d. Locate development away from surface waters and drainage ways to the
maximum extent practicable;and
e. Convey storm water from developed areas by vegetated swales to the maximum
extent practical.
(5) The undeveloped parcel(s)or portion(s)thereof shall remain in a vegetated or natural
condition and shall be placed in a permanent conservation easement.
(6) Applicants shall agree to bind themselves and their successors in title, individually
and collectively,to maintain the pattern of development proposed in perpetuity.
Parties to enforcement of such agreement shall include the City of Hickory.No such
agreement shall be accepted without approval of the Staff Attorney as to the legal
sufficiency of the documents involved.
(7) Undeveloped land areas proposed for incorporation into the density or impervious
coverage area calculation shall meet the following criteria:
a. Projects in the Protected Area may incorporate undeveloped land elsewhere in
the Protected Area or Critical Area of the same water supply watershed. The
amount of additional undeveloped acreage required shall be determined by
dividing the appropriate density or impervious coverage area factor into the
number of dwelling units or impervious coverage area in excess of the amount
permitted on the project site by these regulations to determine the amount of
other land to be reserved as undeveloped so that the overall density or intensity of
the project shall not exceed the density or intensity that would be allowed if the
parcels were developed separately.
b. Parcels located in critical areas may not be developed beyond the applicable
density requirements of its classification.
c. Undeveloped land included to meet the requirements of one project shall not be
included as meeting the requirements of any existing or proposed project nor
shall any land included in a parcel pair for which a watershed variance has been
granted or would be required.
d. Land areas within the flooding easement of Lake Hickory may not be used for
the purposes of this section.
(8) The Planning Director shall only grant approval when documentation is provided
that is supported by appropriate calculations that the plan as a whole conforms to
the intent and requirements of this section,and that the proposed agreement assures
protection of the public interest and achievement of the objectives of this section.
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(9) At the time of the issuance of the Zoning Compliance Permit,the density averaging
agreement shall be caused to be recorded by the Planning Director in the office of the
appropriate Register of Deeds and filed with the offices of the Planning Director.
Notations shall be made by the Planning Director on the official zoning atlas and the
approved development plans and or plats for future guidance in administration and as
a public record.
(10) The pattern of development and the agreement between the owners shall not be
changed except by the issuance of a new or amended density averaging agreement in
the manner herein established.
4.5.13 Financial Security(TA 21-01)
All new SCMs and stormwater control structures shall be conditioned on the posting of adequate
financial assurance for the purpose of construction, maintenance, repairs or reconstruction
necessary for adequate performance of the SCMs and stormwater control structures.
Financial assurance shall be in the form of the following:
(1) Construction Security Performance Guarantee or Other Security. The permit
applicant shall obtain a construction performance guarantee as provided within this Land
Development Code..The performance guarantee shall be in an amount equal to 1.25 times
the total cost of the stormwater control structure, as estimated by the applicant and
approved by the City Engineer. The total cost of the stormwater control structure shall
include the value of all materials such as piping and other structures; seeding and soil
stabilization;design and engineering;and grading,excavation,fill,etc. The costs shall not
be prorated as part of a larger project, but rather under the assumption of an independent
mobilization.
(2) Maintenance Security.A performance guarantee (as mentioned above)shall be obtained
by the permit applicant/owner. The performance guarantee shall be in an amount
determined by the City Eng'neer. The performance guarantee shall be required to ensure
that the owner takes the necessary actions to inspect, maintain, repair, and if necessary
reconstruct the SCMs and stormwater control structures. The maintenance security must
be submitted to the City Engineer before a permanent certificate of occupancy can be
issued.
(3) Operation and Maintenance Agreement.The permit applicant shall enter into a binding
Operation and Maintenance Agreement between the City of Hickory and all interests in the
development. The agreement shall require the owning entity to inspect, maintain, repair
and, if necessary, reconstruct the SCMs and stormwater control structures in accordance
with the Operation and Maintenance Agreement and Manual provided by the developer.
The Operation and Maintenance Agreement and Manual shall be filed with the Register of
Deeds by the Legal Department, at the owner's expense. The Operation and Maintenance
Agreement and Manual must be submitted to and approved by the City before a permanent
certificate of occupancy can be issued.
(4) Default Under Performance Guarantee Option.Upon default of the permit applicant to
complete and/or maintain the SCMs and stormwater control structures as spelled out in the
performance guarantee or other security,the City may obtain and use all or any portion of
the funds necessary to complete and/or maintain the SCMs and stormwater control
structures.The City shall return any funds not spent in completing the improvements to the
owning entity.
(5) Default Under Cash Security Option. Upon default of the owning entity to construct,
maintain,repair and,if necessary,reconstruct the SCMs and stormwater control structures
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in accordance with the plans and specifications or Operation and Maintenance Agreement
and Manual, the City shall obtain and use all or any portion of the cash security to make
necessary improvements based on an engineering estimate.Such expenditure of funds shall
only be made after exhausting all other reasonable remedies seeking the owing entity to
comply with the plans and specifications and the terms and conditions of the Operation and
Maintenance Agreement and Manual. The City shall return any funds not spent in
completing the improvements to the owning entity.
4.5.14 Maintenance and Upkeep
An Operation and Maintenance Agreement and Manual shall be provided by the developer for each
SCM and stonnwater control structure, indicating what operation and maintenance actions are
needed, what specific quantitative criteria will be used for determining when those actions are to
be taken, and consistent with the Operation and Maintenance Agreement, who is responsible for
those actions. The plan shall clearly indicate the steps that will be taken for restoring a SCM and
stormwater control structure to design specifications if a failure occurs.
Landscaping and grounds management shall be the responsibility of the owning entity. However,
vegetation shall not be established or allowed to mature to the extent that the integrity of the SCM
and stormwater control structure is diminished or threatened, or to the extent of interfering with
any easement or access to the SCM and stormwater control structure.
Except for general landscaping and grounds management, the owning entity shall notify the City
Engineer prior to any repair or reconstruction of the SCM and stormwater control structure. All
improvements shall be made consistent with the approved plans and specifications of the SCM and
stormwater control structure and the Operation and Maintenance Agreement and Manual. After
notification by the owning entity,the City Engineer may inspect the completed improvements and
if necessary inform the owning entity of any required additions, changes or modifications and of
the time period to complete said improvements.
Amendments to the plans and specifications of the stormwater control structure and/or the
Operation and Maintenance Agreement and Manual shall be approved by the City Engineer.
Proposed changes shall be prepared by a North Carolina registered professional engineer or
landscape architect(to the extent that the General Statutes, Chapter 89A allow) and submitted to,
and reviewed by the City Engineer.
If the City Engineer finds that the operation and maintenance plan and manual is inadequate for
any reason,the City Engineer shall notify the owning entity of any required changes.
4.5.15 Application and Inspection Fees
Processing and inspection fees shall be submitted in the form of a check or money order made
payable to the City of Hickory.Applications shall be returned if not accompanied by the required
fee.
A permit and inspection fee schedule, as approved by the City of Hickory, shall be posted in the
Office of the Planning Director.
Inspection fees shall be valid for 60 days.An inspection fee shall be required when improvements
are made to the SCM and stormwater control structure except in the case when a similar fee has
been paid within the last 60 days.
4.5.16 Inspections and Release of the Construction Performance Guarantee(TA 21-01)
The City Engineer shall inspect the SCM and stormwater control structure,after the owner notifies
the City Engineer that all work has been completed.After this inspection is completed the owning
entity shall provide:
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(1) The necessary easements and final survey plat for the SCM and stormwater control
structure ready for filing with the Register of Deeds;
(2) A certification and as-built drawings sealed by an engineer or landscape architect (to the
extent that the General Statutes,Chapter 89A allow) stating that the SCM and stormwater
control structure is complete and consistent with the approved plans and specifications.
(3) A maintenance security in an amount approved by the City Engineer.
The City Engineer shall review the materials submitted by the developer and the final inspection
report.
(1) If the City Engineer approves the final inspection report and accepts the certification, as-
built, and easements; the City shall file the easements with the Register of Deeds, at the
owner's expense and release the performance guarantee or other security and issue a
Certificate of Watershed Protection Compliance for the SCM and stormwater control
structure.
(2) If deficiencies are found,the City Engineer shall direct that improvements and inspections
be made and/or documents corrected and resubmitted before a permanent certificate of
occupancy can be issued.
4.5.17 Annual Inspections
All SCMs and stormwater control structures shall be inspected on an annual basis by a qualified
professional to determine whether the SCMs and stormwater control are performing as designed
and intended.Records of inspection shall be recorded and submitted on forms supplied by the City
Engineer. The annual inspection report shall be submitted to the City Engineer on/or before the
first and each subsequent anniversary of the as-built certification.
The inspection report must indicate the status of each item inspected,and any maintenance that was
conducted or repairs that were made as a result of the inspection.
4.5.18 SCMs and Stormwater Control Structures
All SCMs and Stormwater control structures shall be designed by either a North Carolina registered
professional engineer or landscape architect to the extent that the General Statutes, Chapter 89A
allow. Other stormwater drainage systems shall be designed by a North Carolina registered
professional with qualifications appropriate for the type of system required; these registered
professionals are defined as professional engineers, landscape architects to the extent that the
General Statutes, Chapter 89A allow and land surveyors, as provided in General Statutes 89(C)
3(7).
All SCMs and stormwater control structures shall be designed in accordance with the requirements
of the NCDEQ,DEMLR, Stormwater Design Manual,latest edition.
All land areas outside of the SCMs and stormwater control structures shall be provided with a
ground cover sufficient to restrain erosion after any land disturbance. Upon completion of the
SCMs and stormwater control structures, a permanent ground cover shall be established and
maintained as part of the maintenance agreement.
A description of the area containing the SCMs and stormwater control structures shall be prepared
and filed as a separate easement with the Register of Deeds along with any easements necessary
for general access to the SCMs and stormwater control structure. The easement area shall include
the SCMs and stormwater control structures, berms, dikes, etc., and sufficient area to perform
inspections,maintenance,repairs and reconstruction.
82 City of Hickory Land Development Code(November 15,2022)