The village may participate in the correction of private storm drainage problems which occur on private
property as follows:
(A) Single owner problems. Single owner private storm drainage problems may be addressed when the following conditions are met:
(1) Public right-of-way runoff must be carried.
(2) The property involved in the project must be zoned residential and must be improved with one single-family residential dwelling unit. Examples of qualifying properties are single-family homes, and individual condominium units or townhouses. Examples of non-qualifying properties are duplexes and apartment buildings or complexes.
(3) The property owner must have been issued a Village of Clemmons Stormwater Management Certificate of Occupancy for at least two years prior to the request for assistance.
(4) The Village Manager, or their designee, in their sole discretion, must determine that the drainage condition is an immediate threat to the structural integrity of the dwelling, causing flooding of the dwelling, causing severe erosion of the drainageway (factors considered may include size of drainageway, linear footage of erosion, slope of drainageway, frequency of erosion causing events and location of eroded area in relation to residences), denying or threatening to deny access to property that would be accessible but for the degradation of the drainageway, or impeding the flow of water due to fallen brush and vegetative debris. Flooding of poorly placed structures in low lying areas does not immediately qualify the applicant for this program.
(5) The action taken must significantly improve conditions described in division (A)(4) of this section.
(6) Minimum size pipe shall be 15-inch and a village approved material.
(7) The total matched amount contributed by the village shall be 50% of the total project cost, not to exceed $5,000 per property.
(8) The proposed project, in the opinion of the Village Manager, or their designee, shall not be a threat to the downstream property.
(9) All storm drainage improvements constructed under this policy shall be deemed to be the property and responsibility of the private property owner, and such improvements shall not become part of the storm drainage system of the village.
(10) After review and approval by the Stormwater Department, the request must be approved by the Village Council.
(11) The property owner, upon the project being approved by the Village Council, must pay to the village 50% of the estimated project cost, including clearing and grubbing, purchasing and installation of pipe, and dirt to cover the pipe, and enter into an agreement satisfactory to the Village Attorney for the completion of the project, or, in lieu of such payment, must enter into an agreement satisfactory to the Village Attorney, which shall be in the form of a note and deed of trust with an interest rate as provided by law for assessments, the payment schedule of which shall not exceed five years. Should any project exceed the amount that the village will match, the property owner will be solely responsible for those additional costs.
(12) No action or inaction of the village pursuant to this section shall impose upon the village, its agents, officers, or employees, any responsibility or liability of any kind, past or future, relating to any person or property. The property owner shall agree to covenant to and hold the village harmless from any death, personal injury, or property damage resulting from the work.
(13) The property owner must sign a right of entry agreement form to allow access to the work area and a hold harmless agreement. The village will be held harmless for any damages to private property as long as reasonable care is exercised.
(B) Multiple owner problems. Multiple owner problems may be addressed when the following conditions are met:
(1) Public right-of-way runoff must be carried.
(2) The properties involved in the project must all be zoned residential, at least 75% of the properties must be developed for residential uses and each dwelling unit must be individually deeded to a person. Examples of qualifying properties are single-family homes, condominium units, townhouses and property used as a common area for multiple property owners, though owned by a single entity, such as a home owner's association. Examples of non-qualifying properties are duplexes and apartment buildings or complexes.
(3) Each property must have been issued a Village of Clemmons Stormwater Management Certificate of Occupancy for at least two years prior to the request for assistance.
(4) The drainage condition must be judged by the Village Manager, or their designee, to involve flooding of a dwelling or dwellings, or must represent an immediate threat to the structural integrity of a dwelling, represent severe erosion of the drainageway (factors considered may include size of drainageway, linear footage of erosion, slope of drainageway, frequency of erosion causing events and location of eroded area in relation to residences), or impede the flow of water due to fallen brush and vegetative debris. Flooding of poorly placed structures in low lying areas does not immediately qualify the applicant for this program.
(5) The action taken must significantly improve conditions described in division (B)(4) of this section.
(6) Minimum size pipe shall be 15-inch and a village approved material.
(7) The total matched amount contributed by the village shall be 50% of the total project cost, not to exceed $5,000 per property.
(8) The proposed project, in the opinion of the Village Manager, or their designee, shall not be a threat to the downstream property.
(9) After review and approval by the Stormwater Department, the request must be presented to the Village Council for its approval and determination that funds are available.
(10) If all owners of the properties involved request the improvement, payment of the owners' shares shall be made in the same manner as provided for payment by single property owners in division (A) of this section. In that event, all storm drainage improvements shall be deemed to be the property of and the responsibility of the private property owners and shall not become a part of the storm drainage system of the village.
(11) If fewer than all of the owners of all properties involved in the project request the improvement, the Village Council may authorize the project as a special assessment project pursuant to the provisions of G.S. Ch. 160A, Article 10. In such circumstances, the requesting property owners shall provide the village with both construction and/or permanent easements in amounts sufficient for the project, in the opinion of the Village Manager, and the costs of the project shall include the cost of acquisition or condemnation, if necessary, of similar easements across the property of non-requesting property owners. The cost of acquisition or condemnation shall be included in the project costs for purposes of proration between the village and the property owners. The assessments in such cases shall be for 50% of the estimated project cost. Such assessment projects will only be undertaken where closed system storm drainage improvements are undertaken. In such cases, the permanent easement and all improvements included within the project shall be deemed to be the property and responsibility of the village, such improvements shall become a part of the storm drainage system of the village, and no private property owner shall have any interest therein.
(Ord. 2021-05, passed 4-12-21)