(A) General. When stormwater control measures are installed voluntarily or are required by this chapter but not by the state, such as through the downstream analysis process, the following criteria shall be adhered to. As required by this section, the operation and maintenance agreement shall be submitted with the final plat or site plan as part of the submittal materials, as applicable. Failure to comply with the requirements of this section, or maintain those improvements required by this section, shall be deemed a violation of this chapter.
(B) Operation and maintenance agreement required. The permit applicant(s) shall enter into the binding operation and maintenance agreement (O&M agreement) between all the interests in the development. This Agreement shall require the owner(s)/applicant(s) to maintain, repair, and if necessary, reconstruct the stormwater control structure in accordance with the operation management plan or manual, as provided. The owner(s) shall file the operation and maintenance agreement with the county’s Register of Deeds. The obligations incurred as part of the required O&M agreement by owner(s) and applicant(s) are appurtenant and run with the property, and shall be binding upon all subsequent owners, successors, and assigns of the project or any parcel thereof.
(C) Operation and maintenance plan required. An operation and maintenance plan or manual shall be provided by the owner(s) for each stormwater 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 operations maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs.
(D) Landscaping and grounds maintenance. Landscaping and grounds management shall be the responsibility of the owner(s). However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.
(E) Repair or reconstruction. Except for general landscaping and grounds management, the owning entity shall notify the county’s Engineer and the state’s Department of Environment and Natural Resources (NCDENR) prior to any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owner(s), the County Engineer shall inspect the completed improvements and shall inform the owner(s) of any required additions, changes, or modifications and of the time period to complete the improvements.
(F) Amendments to plans and specifications.
(1) Minor amendments. Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the County Engineer, provided that the changes do not involve a change in the size or location of the structure. Proposed changes shall be prepared by a professional state engineer or landscape architect (to the extent that the G.S. Chapter 89A allows) and submitted to and reviewed by the County Engineer.
(a) If the County Engineer approves the proposed changes, the owner(s) of the stormwater control structure shall file sealed copies of the revisions with the Administrator and County Engineer.
(b) If the County Engineer disapproves the changes, the proposal may be revised and resubmitted as a new proposal.
(2) Major amendments. Proposed changes shall be prepared by a professional state engineer or landscape architect (to the extent that the G.S. Chapter 89A allows) and submitted to, and reviewed by the County Engineer and NCDENR. Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual that involve a change in the size or location shall be approved by the County Engineer and NCDENR.
(G) Revision of plan required if found to be inadequate. If the County Engineer finds that the operation and maintenance plan or manual is inadequate for any reason, the Administrator shall notify the owner(s) of any required changes. Once the revised plan or manual has been deemed adequate, the owner(s) shall prepare and file copies of the revised agreement with the county’s Register of Deeds, the County Engineer, and the Administrator of this chapter.
(H) Inspection by County Engineer. The stormwater control structure shall be inspected by the County Engineer, after the owner(s) notifies the Administrator that all work has been completed and prior to issuance of a certificate of occupancy (CO). At this inspection, the owner(s) shall provide:
(1) The signed deed, related easements, and survey plat for the stormwater control structure ready for filing with the county’s Register of Deeds; and
(2) A certification sealed by a professional state engineer or landscape architect (to the extent that the G.S. Chapter 89A allows) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.
(I) Annual inspection required.
(1) All stormwater control structures shall be inspected at least once on an annual basis to determine whether the controls are performing as designed and intended. It shall be the responsibility of the property owner(s) to ensure such inspection is performed. Records of inspections shall be maintained on forms approved or supplied by NCDENR. Annual inspections shall begin within one year of the filing date of the deed for the stormwater control structure.
(2) In the event that the County Engineer discovers the need for corrective action or improvements, he or she shall notify the Administrator who shall notify the owner(s) of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation plan or manual. After notification by the owner(s), the County Engineer shall inspect and approve the completed improvements.
(Ord. passed 10-17-2011)