(a) The stormwater control structure shall be inspected by the town after the owning entity notifies the Watershed Administrator that all work has been completed. At this inspection, the owning entity shall provide:
(1) The survey plat showing the stormwater control structure and related easement(s), and the signed easement(s) ready for filing with the Burke County Register of Deeds;
(2) A certification sealed by an engineer or landscape architect (to the extent that General Statutes allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.
(b) The Watershed Administrator shall present the materials submitted by the developer and the inspection report and recommendations to the Town of Valdese Town Council at its next regularly scheduled meeting.
(1) If the Town Council approves the inspection report and accepts the certification and deed of easement, the town shall file the easement with the Burke County Register of Deeds, release up to seventy-five percent (75%) of the value of the performance bond or other security and direct the Burke County Buildings Inspections Department to issue a certificate of occupancy for the stormwater control structure.
(2) If deficiencies are found, the town shall direct that improvements and inspections are made and documents corrected and submitted to the town.
(c) No sooner than one year after the date of filing of the deed of easement and maintenance agreement, the developer may petition the town to release the remaining value of the performance bond or other security. Upon receipt of said petition, the town shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The Watershed Administrator shall present the petition and findings to the Town Council.
(1) If the Town Council approve the report and accepts the petition, the developer shall deposit with the town a cash amount equal to that described in Section 9-3164(b)(2), after which the Town Council shall release the performance bond or other security.
(2) If the Town Council does not accept the report and rejects the petition, the town shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release of the performance bond or other security.
(d) A certificate of occupancy from the Burke County Buildings Inspections Department shall not be issued for any building within the permitted development until the Town Council has approved the stormwater control structure, as provided in Section 9-3167(b).
(e) All stormwater control structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year of the filing date of the deed for the stormwater control structure.
(f) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity 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 and maintenance plan or manual. After notification by the owning entity, the town shall inspect and approve the completed improvements. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)