8.03 Post Construction Stormwater Management
- Inspection Procedures
Recommended inspection frequencies for BMP types are described in Table 8.03d below. Specific schedules for individual BMPs may be required and will be documented as a part of the Inspection and Maintenance Agreement.
- Operation and Maintenance Log and Reporting
1. Initial Maintenance
Initial maintenance, to complete the construction of the BMP and monitor until plants are established, is needed for certain BMP features, and includes activities such as:
- After the first time fertilization to establish grass or other plants in BMPs, fertilizer will not be applied.
- Other final maintenance measures to ensure proper functioning
I. Emergency Maintenance
Emergency maintenance will often be required immediately after storms and other emergencies. This may include the following, as needed:
- Replanting and repairs to structures.
- Vegetation is likely to need at least minor repairs.
- Mosquito control should be considered if standing water poses health risks because of mosquitoes.
- Obstructions and debris deposited during storm events should be removed immediately. Exceptions include debris that provides habitat and does not damage vegetation or divert currents to, from, or in the BMP. Because of the high quality habitat that can be found in woody debris, careful re-positioning rather than complete removal may be desirable. There may be instances where debris is even added. Such locations should be noted so that this debris is not accidentally removed.
- If the basin of a BMP must be drained for an emergency or to perform maintenance, the flushing of sediment through theemergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical.
II. Corrective Maintenance
- All maintenance needs cited at quarterly, semi-annually and annual certification inspections must be addressed within 60 days of each inspection report unless noted circumstances dictate that it be done in a shorter timeframe.
- All corrective actions involving structural repairs or use of heavy equipment shall be coordinated and approved by the TOHS Engineering Department through notification prior to and following the corrective actions(s).
- Minor repairs do not require prior TOHS approval.
6. Operations and Maintenance Guidelines for Specific BMP Types shall meet the criteria outlined in the most current version of the most current NCDENR Stormwater BMP Manual.
- Stormwater maintenance agreement (SMA). An executed SMA is required to establish and outline the requirements of the maintenance surety. The SMA shall be approved by the engineering department prior to the transfer of maintenance responsibility from the original applicant, permit holder, or owner to the association or owner(s). For all structural BMPs required pursuant to this article the required SMA shall include all of the following provisions:
- Acknowledgment that the applicant, permit holder, owner(s) or association shall continuously operate and maintain the structural BMPs.
- Requiring the applicant, permit holder, owner(s) or association to maintain, repair and, if necessary, reconstruct the structural BMPs, and shall state the terms, conditions, and schedule of maintenance for the structural BMPs.
- Granting to the town a right of entry in the event that the engineering department has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the 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 BMPs.
- A statement that this agreement shall not in any way diminish, limit, or restrict the right of the town to enforce any of its ordinances as authorized by law.
- A provision indemnifying and holding harmless the town for any costs and injuries arising from or related to the structural BMPs.
- All inspection records shall remain with the owner or responsible party. A copy of the approved operation & maintenance (O&M) manual for the structural BMPs, including a provision requiring an annual inspection and certification by a registered professional engineer.
- The SMA shall be executed by one of the following:
- The person(s) financially responsible,
- The owner(s) of the land, and
- Any registered agents.
- Deed recordation and indications on plat. The applicable SMA, O&M manual, and private drainage easement pertaining to every structural BMP shall be referenced on the final plat and shall be recorded at the expense of the owner with the county register of deeds upon final plat approval. The following statement shall be required on all plats that include structural BMPs:
"Structural Stormwater BMPs are contained in Private Drainage Easements shown on this plat and shall be operated and maintained as described in the executed Stormwater Maintenance Agreement and recorded Stormwater Operation and Maintenance Manual for this project."
If no plat is recorded for the project, then the O&M manual and the easement shall be recorded at the expense of the owner with the county register of deeds, with the current owner's name in the grantor index so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles. A certified copy of the recorded the O&M manual and the easement deed shall be given to the engineering department within 14 days following its recordation.
- Signage. Structural BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection, professional engineer's certification, and the structural BMP's purpose. The sign shall be maintained by the owner so as to remain visible and legible and shall otherwise comply with the town sign ordinances and the engineering design and construction standards.
(Ord. No. 11-10, pt. 2, 12-20-2011)
(1) Annual maintenance inspection and report. The person responsible for maintenance of any structural BMP installed pursuant to this article shall annually submit to the engineering department an inspection report and certification, from a qualified registered state professional engineer, performing services only in their area of competence. The inspection report and certification shall contain all of the following:
a. The name and address of the landowner;
b. The recorded book and page number of the lot of each structural BMP;
c. A statement that an inspection was made of all structural BMPs;
d. The date the inspection was made;
e. Statements that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved O&M manual required by this article. If maintenance measures are required, a statement of what maintenance is required shall be included, including the schedule of performing the maintenance; and
f. The original signature and seal of the engineer.
(Ord. No. 11-10, pt. 2, 12-20-2011)
The owner of each structural BMP shall maintain it so as not to create or result in a nuisance condition. For the purpose of this section, nuisance includes, but is not limited to, the following:
(1) Structural BMPs that have maintenance issues such as overgrowth, trash accumulation, erosion, odor, standing water, mosquito infestation and other issues that could negatively affect the public.
(2) Structural BMPs that are in the need of repair that negatively affect the public, public rights of way or other properties.
(Ord. No. 11-10, pt. 2, 12-20-2011)