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The town may, at its discretion, require the submittal of a performance bond, letter of credit from, or cash escrow account with a local bank prior to issuance of a permit. If improvements are not installed prior to approval of a record plat, the town shall require the submittal of a performance bond, letter of credit from, or cash escrow account with a local bank prior to issuance of a permit. This performance security is required in order to ensure that the structural BMPs are installed by the permit holder as required by the approved stormwater management plan, and/or maintained by the owner as required by the operation and maintenance agreement.
(A) Form and amount of installation performance security. The amount of an installation performance security must equal at least 125% of the estimated cost of the required improvements, including project management costs that have not been installed by the time of record plat submittal.
(B) Form and amount of maintenance performance security. The amount of a maintenance performance security must be at least 125% of the total estimated construction cost of the structural BMPs approved under the permit.
(C) Uses of performance security for installation.
(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this chapter, approvals issued pursuant to this chapter, or an operation and maintenance agreement established pursuant to this chapter.
(2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the town shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in excess of performance security. If the town takes action upon such failure by the applicant or owner or property owners’ association, the town may collect from the applicant or owner or property owners’ association the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.
(4) Refund. Within 60 days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall be inspected one year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion of the financial security attributable to landscaping shall be released.
(D) Uses of performance security for maintenance.
(1) Forfeiture provisions. The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to initiate or maintain any actions which may be required of the applicant or owner in accordance with this chapter, approvals issued pursuant to this chapter, or an operation and maintenance agreement established pursuant to this chapter.
(2) Default. Upon default of the owner to construct, maintain, repair and, if necessary, reconstruct any structural BMP in accordance with the applicable permit or operation and maintenance agreement, the Stormwater Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the owner to comply with the permit or maintenance agreement. In the event of a default triggering the use of installation performance security, the town shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
(3) Costs in excess of performance security. If the town takes action upon such failure by the applicant or owner or property owners’ association, the town may collect from the applicant or owner or property owners’ association the difference between the amount of the reasonable cost of such action and the amount of the security held, in addition to any other penalties or damages due.
(Ord. 2010-27, passed 1-6-2010)
(A) Upon completion of a project, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as built” plans in both digital file (one copy) and mylar formats (three mylars) for all stormwater management facilities or practices after final construction is completed.
(B) The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this chapter. A final inspection and approval by the Stormwater Administrator shall occur before the release of any performance securities.
(C) No certificate of compliance or occupancy shall be issued without final as-built plans and a final inspection, or performance guarantees, and approval by the Stormwater Administrator.
(Ord. 2010-27, passed 1-6-2010)
(A) Maintenance required. All structural and non-structural BMPs must be maintained so they will continue to serve their intended functions.
(B) Parties responsible for maintenance of structural BMPs. The developer must maintain structural and non-structural BMPs until accepted by a property owners’ association or lot owner.
(1) All structural BMPs required for residential subdivisions, including those on individual lots, must be accepted for maintenance by a property owners’ association. The developer must disclose which party will be responsible for continued maintenance on the record plat and on the stormwater management plan.
(2) Before improvements are accepted for maintenance by the property owners’ association or lot owner, the developer or the developer’s engineer or other representative, as authorized by statute, must certify to the property owners’ association or lot owner and to the town that improvements are complete and functioning as designed.
(3) If a property owners’ association or similar legal entity is to be responsible for the maintenance and control of BMPs, it shall be established so that it has clear legal authority to maintain and exercise control over, including the power to compel contributions from subdivision property owners to cover their proportionate shares of the costs associated with the maintenance of the BMPs. Such association shall be established prior to approval of the final plat.
(4) Documents providing for the establishment of a homeowners’ association or similar legal entity in accord with this chapter shall be approved by the Stormwater Administrator before any plat is recorded.
(C) Maintenance plan.
(1) The developer must record, and reference on the record plat, a maintenance plan that instructs the property owners’ association or lot owner about the annual maintenance tasks and associated costs for at least a 20-year period.
(2) It will be the responsibility of the property owners’ association or lot owner to update the maintenance plan at least every ten years in perpetuity.
(D) Maintenance agreement. The developer must record, and reference on the record plat, a maintenance agreement, or restrictive covenant that sets forth the property owners’ association’s or lot owner’s continuing responsibilities for maintenance, including specifying how cost will be apportioned among lot owners served.
(1) The maintenance agreement must provide that the association and its individual members are jointly and severally liable for maintenance.
(2) The maintenance agreement shall grant to the town 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 and non-structural BMPs; however, in no case shall the right of entry, of itself, confer an obligation on the town to assume responsibility for the structural and non-structural BMPs.
(E) Maintenance easement. The developer must record easements for access, maintenance and inspections by any property owners’ association and by the town.
(F) Annual maintenance inspection and report.
(1) The person or entity responsible for maintenance of any structural and non-structural BMPs installed pursuant to this chapter shall submit to the Stormwater Administrator an annual 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.
(2) Annual inspection reports are due by June 30 of each year. The first annual report is due by June 30 following one year after approval of the as-built plan. For structural BMPs located on properties subject to property owners’ association agreements, the property owners’ association is responsible for collecting and submitting information on all individual lot structural BMPs installed pursuant to this chapter on an annual basis. The inspection report shall contain all of the following:
(a) The name and address of the land owner;
(b) The recorded book and page number of the lot of each structural and non-structural BMPs;
(c) A statement that an inspection was made of all structural and non-structural BMPs;
(d) The date the inspection was made;
(e) A statement that all inspected structural and non-structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this chapter; and
(f) The original signature and seal of the engineer, surveyor, or landscape architect.
(3) All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator by the first day of July following the issuance of a certificate of occupancy. Subsequent annual reports shall be due on the first day of July each year.
(Ord. 2010-27, passed 1-6-2010)
(A) Inspections and inspection programs by the town 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.
(B) 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, including inspections on private property. Refusal of owner or occupant of any property to permit such inspection is a violation of this chapter.
(Ord. 2010-27, passed 1-6-2010)
Where appropriate in the determination of the Stormwater Administrator to assure compliance with this chapter, 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.
(Ord. 2010-27, passed 1-6-2010)
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.
(Ord. 2010-27, passed 1-6-2010)
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