Town of Apex

The Town of Apex currently has over 210 structural stormwater control measures to help mitigate and treat stormwater.  Most are installed with development or re-development projects including residential areas.  Every stormwater control measure is required to be inspected on an annual basis to ensure it is operating as designed.  The entities that own each respective BMP are responsible for all inspections and for the contined operation and maintenance of the BMP.

The Town of Apex is covered under Phase II of the National Pollutant Discharge Elimination System (NPDES) program as part of the federal Clean Water Act.  The NPDES Phase II Rules define a stormwater management program for a small MS4 as a program composed of six elements that, when implemented together, are expected to reduce pollutants discharged into receiving water bodies to the maximum extent practicable (MEP). These six program elements, or minimum control measures, are:

  • Public education and outreach on stormwater impacts.
  • Public involvement/participation.
  • Illicit discharge detection and elimination.
  • Construction site runoff control.
  • Post-construction stormwater management in new development and redevelopment.
  • Pollution prevention/good housekeeping for municipal operations

 

Excerpts from APEX Town Unified Development Ordinance Section 6.1

 

6.1.12 Structural BMPs

 

A)  Professional Design
 
All structural BMPs and any alterations thereof shall be designed by a North Carolina registered professional with qualifications appropriate for the type of system required and shall be in accordance with the NC DWQ Stormwater BMP Manual, the Town of Apex Standard Specifications and Standard Details and, when applicable, the Town of Apex Design and Development Manual; these registered professionals are defined as professional engineers, landscape architects (to the extent that G.S. Chapter 89A allows), and land surveyors (to the extent that the design represents incidental drainage within a subdivision, as provided in G.S. 89C-3(7)).
 
B)  Design, Location, and Landscaping of Structural BMPs
 
The following specific design criteria shall be met by these systems:

 

  1. Specific requirements for structural BMPs shall be in accordance with the NC DWQ Stormwater BMP Manual and the Town of Apex Standard Specifications and Standard Details;
  1. Structural BMPs shall be designed to remove 85% of total suspended solids in the permanent pool and store runoff from a one-inch rainfall from the site above the permanent pool;
  1. The designed runoff storage volume shall be above the permanent pool;
  1. The discharge rate from these systems following the one-inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two days and that the pond is drawn down to the permanent pool level within at least five days;
  1. The mean permanent pool depth shall be a minimum of three feet;
  1. The inlet structures shall be designed to minimize turbulence using baffles or other appropriate design features;
  1. Retention basins, detention basins, headwalls, outlet structures, concrete flow channels, rip rap channels, and other drainage improvements shall be screened with plant material and/or berms and situated in the least visible location or, if visible, incorporated into the natural curves of the land;
  1. Detention and retention basin embankments and the detention or retention basin itself shall be extensively landscaped with wet tolerant plant materials with the intention of re-creating a seasonal high water wet eco-structure; a list of guidelines for preferred plant materials can be found in the Town of Apex Design and Development Manual;
  1. Detention or retention facilities shall be sized to accommodate the future growth of vegetation planted in the basin; and
  1. In lieu of peripheral fencing, detention and retention basin edges shall be contoured and shaped to form low angles at primary water line thereby ensuring greater pedestrian safety.
  1. All supporting calculation submittals for each proposed structural BMP shall include and comply with the latest version of the NC DWQ BMP supplement.

 

C)  Identification on Site Plan/Subdivision Plan/Final Plat of Structural BMP
 
A legal description of the area containing the structural BMP shall be delineated on the site plan (major or minor), subdivision plan, and recorded final plat along with any easements necessary for access to the structural BMP. The described area shall include sufficient area to perform inspections. The described area shall include, but is not limited to, the detention pond, vegetative filters, all pipes and water control structures, berms and dikes. Prior to approval of a final plat (with respect to a subdivision), issuance of a certificate of occupancy (with respect to a site plan), or commencement of a use, a developer shall first cause all information pertaining to required structural BMPs to be shown and certified by the Town of Apex Environmental Programs Manager on the final plat for the property. Such final, approved plat to be recorded shall also contain the following language: “All future development or redevelopment activities on this property shall be consistent with this approved plan. No changes to this plan shall be permitted without the Town of Apex’s prior written approval.”
 
D) Operation and Maintenance Agreement
 
The owner shall have an operation and maintenance agreement for all structural BMPs approved by the Environmental Programs Manager prior to approval of a final plat (with respect to a subdivision) or issuance of a certificate of occupancy (with respect to a site plan) for any development upon which a structural BMP is required. The operation and maintenance agreement, which must be executed by the owner and shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP, shall clearly indicate what operation and maintenance actions are needed and what specific quantitative standards will be used for determining when those actions need to be taken, (ii) the steps that will be taken for restoring a structural BMP if a failure occurs, and (iii) how cost will be apportioned among lot owners served. The operation and maintenance agreement must be recorded in the Wake County Register of Deeds office and referenced on the final plat. A copy of the recorded operation and maintenance agreement shall be provided to the Environmental Programs Manager within fourteen (14) days following its recordation.

 

E)  Changes or Amendments to Plans and Specifications and/or Operation and Maintenance Agreement
 
Any changes or amendments to the plans and specifications of a structural BMP, or the operation and maintenance agreement for a structural BMP shall meet all of the requirements of this rule regarding design and approval.

 

F)  Compliance Prior to Receiving Plat Approval or Certificate of Occupancy

Subject to Subsection (G) below, prior to approval of a final plat (with respect to a subdivision), issuance of a certificate of occupancy (with respect to a site plan),  or commencement of a use for any development upon which a structural BMP is required, the owner shall have installed the improvements required by this Article and shall have received the approval of the Environmental Programs Manager with respect to the improvements. Upon installation of the required improvements, the Environmental Programs Manager or his designee shall inspect the structural BMP and the owner shall demonstrate that the required structure is in place, that it is operational, that it complies with all relevant portions of Sec. 6.1.12 Structural BMPs, and shall submit to the Environmental    Programs Manager actual “as built” plans for the structure, which shall include the information listed in Article 6 Overlay Districts, and Section 1.06(c) Stormwater Drainage System of the Town of Apex Standard Specifications and Standard Details, certifying completion of the same.

G)  Performance Guarantees

 

  1. As provided in (a), (b), and (c) below, in lieu of prior performance otherwise required by this Article, the Town may accept a performance guarantee that the improvements required by this Article will be constructed according to the Town’s specifications at the owner’s expense. Guarantees shall comply with the requirements of this Subsection (G).
  1. Site plan: In lieu of performance prior to the issuance of a temporary certificate of occupancy related to a site plan, a performance guarantee may be provided by the owner guaranteeing the installation of the improvements required by this Article. Improvements guaranteed under this Subsection (a) shall be constructed by the owner within one year after issuance of the temporary certificate of occupancy. All improvements required by this Article related to a site plan, shall be constructed prior to the issuance of a permanent certificate of occupancy.
  1. Phased site plan: In lieu of performance prior to the issuance of a temporary or permanent certificate of occupancy related to a phased site plan, a performance guarantee may be provided by the owner guaranteeing the installation of the improvements required by this Article for each phase. All improvements guaranteed under this Subsection (b) shall be completed prior to the issuance of certificates of occupancy for ninety percent (90%) of the buildings within that phase, or within sixty (60) days after receipt of written notice that the Environmental Programs Manager has determined that the contributing drainage area to the BMP is sufficiently stabilized to install the BMP, whichever occurs first.
  1. Subdivisions: In lieu of performance prior to approval of a final plat for subdivisions, a performance guarantee may be provided by the owner guaranteeing the installation of the improvements required by this Article. All improvements guaranteed under this Subsection (c) shall be completed prior to the issuance of certificates of occupancy for ninety percent (90%) of the lots within the subdivision. If the subdivision is to be phased, all improvements within or required for each phase shall be completed prior to issuance of certificate of occupancy for ninety percent (90%) of the lots within that phase.

 

  1. Performance guarantee. Performance guarantees shall be provided by the owner in the amount equal to one hundred twenty-five percent (125%) of the total construction cost of the required structural BMP(s). The     total cost of the structural BMP(s) shall include all construction costs, including but not limited to, the cost of materials, landscaping, seeding and soil stabilization, grading, excavation and fill. The owner shall submit his estimate of this amount subject to review, modification, and approval by the Environmental Programs Manager. Such estimate shall be signed and sealed by a licensed North Carolina professional engineer, landscape architect, or land surveyor. Guarantees required by this section may be in the form of a surety bond enforceable at the sole discretion of the Town and in the form prescribed by the Town, a letter of credit that meets the specifications of Sec. 7.5.17 Irrevocable Letter of Credit in Lieu of Surety Bond or Other Guarantee of Performance, certified check drawn in favor of the Town, or cash deposited with the Town.
  1. Duration of performance guarantee. Performance guarantees shall run until the requirements in this Section 6.1.12 have been satisfied and the Environmental Programs Manager has given final approval of the required structural BMP(s).
  1. Default. Failure of the owner to construct, repair, and if necessary, reconstruct the structural BMP(s) as required by this Section 6.1.12 is a default. Upon such default, the Town may obtain and use all or any portion of the performance guarantee necessary to complete the improvements.
  1. Costs in excess of performance guarantee. In the event the Town calls the performance guarantee required by this section and the reasonable cost of performance exceeds the amount of the performance guarantee the Town may collect the difference from the owner.
H)  Maintenance and Maintenance Guarantees

 

  1. Duty to maintain and maintenance and defects guarantee. The owner is responsible for all maintenance and repair of improvements required by this Article. In addition to the Operation and Maintenance Agreement required by UDO Subsection 6.1.12(D), prior to approval of a final plat, with respect to a subdivision, a maintenance and defects guarantee shall be provided by the owner in the amount equal to twenty-five percent (25%) of the total construction cost of the structural BMP to ensure proper maintenance and repair prior to conveyance of the improvements to a property owners association. The owner shall submit his estimate of this amount subject to review, modification, and approval by the Environmental Programs Manager. Such estimate shall be signed and sealed by a licensed North Carolina professional engineer, landscape architect, or land surveyor. Guarantees required by this section may be in the form of a surety bond enforceable at the sole discretion of the Town and in the form prescribed by the Town, a letter of credit that meets the specifications of Sec. 7.5.17 Irrevocable Letter of Credit in Lieu of Surety Bond or Other Guarantee of Performance, certified check drawn in favor of the Town, or cash deposited with the Town.
  1. Duration of maintenance and defects guarantee for subdivision. The maintenance and defects guarantee shall be in effect for one year after certificates of occupancy have been granted for ninety percent (90%) of the lots within the subdivision. If the subdivision is to be phased, the maintenance and defects guarantee required for a phase shall be in effect for one year after certificates of occupancy have been granted for ninety percent (90%) of the lots within that phase.  Subsequent phases shall be required to post new guarantees.
  1. Default. Upon failure of the owner to maintain the structural BMP as required, the Town may obtain and use all or any portion of the maintenance and defects guarantee necessary to continue maintenance of the structure.
I)  Inspection
 
  1. Inspect once a year. On an annual basis after completion of construction of a structural BMP, the owner shall submit to the Environmental Programs Manager an inspection report for that structure from a qualified registered North Carolina professional engineer, surveyor, or landscape architect performing services only in their area of competence. The inspection report shall be on a form provided by the Environmental Programs Manager. An initial inspection report shall be provided to the Environmental Programs Manager beginning one year from the date of submittal of the certified as-built plans to the Town and each year thereafter on or before the date of the as-built certification.
  1. Inspection by Town of Apex. All property within the Primary Watershed Protection District and/or the Secondary Watershed Protection District shall also be subject to inspection by the Environmental Programs Manager or his designee. Such inspections may include, but are not limited to, reviewing maintenance and repair records, sampling discharges, surface water, groundwater, and material or water in structural BMPs, and evaluating the condition of structural BMPs.
  1. Corrective action. If at any time the Town of Apex determines that corrective actions or improvements to a structural BMP are required, the Town of Apex shall notify the owner of the needed corrections and of the date by which the work is to be completed. All corrective work shall be consistent with the approved operation and maintenance agreement.
  1. Authorization prior to repair or reconstruction of structure. With the exception of general landscaping and grounds maintenance, the owner of the structural BMP shall obtain authorization from the Town prior to any repair or reconstruction of the structure. All improvements and repairs shall be consistent with the approved maintenance and operation agreement. In a bona fide emergency, necessary measures may be taken immediately in order to minimize damage to the structure and ensure its continued operation. Such measures must be promptly reported to the Environmental Programs Manager.

 

Town of Apex Storwater Management Documents and Links

Town of Apex Design and Development Manual

Town of Apex Unified Development Ordinance Section 6.1

NCDENR Stormwater BMP Manual Chapter 7

Wake County Stormwater Manual