§ 269. Maintenance and Inspection of Stormwater Control Structures.

(a)

An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure authorized in Section 180.9(i), 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 operation and 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.

(b)

Landscaping and grounds management shall be the responsibility of the owning entity. 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.

(c)

Except for general landscaping and grounds management, the owning entity shall notify the administrator 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 owning entity, the town engineer shall inspect the completed improvements and shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. The town engineer may consult with an engineer or landscape architect (to the extent that the General Statutes, Chapter 89A allow) designated by the town council.

(d)

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 town council. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A allow) and submitted to and reviewed by the town engineer prior to consideration by the town council.

1.

If the town council approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the office of the town engineer.

2.

If the town council disapproves the changes, the proposal may be revised and resubmitted to the town council as a new proposal. If the proposal has not been revised and is essentially the same as that already reviewed, it shall be returned to the applicant.

(e)

If the town council finds that the operation and maintenance plan or manual is inadequate for any reason, the council shall notify the owning entity of any required changes and shall prepare and file copies of the revised agreement with the Edgecombe County Register of Deeds, the office of the town engineer and the owning entity.

(f)

Processing and inspection fees shall be submitted in the form of a check or money order made payable to the town. Applications shall be returned if not accompanied by the required fee.

(g)

A permit and inspection fee schedule, as approved by the Tarboro Town Council shall be posted in the office of the town engineer.

(h)

Inspection fees shall be valid for sixty (60) days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with subsection (c), except in the case when a similar fee has been within the last 60 days.

(i)

The stormwater control structure shall be inspected by the town engineer, after the owning entity notifies the town engineer that all work has been completed. At this inspection, the owning entity shall provide:

1.

The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Edgecombe County Register of Deeds;

2.

A certification sealed by an engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and specifications.

(j)

The town engineer shall present the materials submitted by the developer and the inspection report and recommendations to the town council at its next regularly scheduled meeting.

1.

If the council approves the inspection report and accepts the certification, deed and easements, the council shall file the deed and easements with the Edgecombe County Register of Deeds, release up to seventy-five (75) percent of the value of the performance bond or other security and issue an occupancy permit for the stormwater control structure, consistent with Sections 7 and 47.

2.

If deficiencies are found, the council shall direct that improvements and inspections be made and/or documents corrected and resubmitted to the council.

(k)

No sooner than one (1) year after the filing date of the deed, easements and maintenance agreement, the developer may petition the town council to release the remaining value of the performance bond or other security. Upon receipt of said petition, the town engineer shall inspect the stormwater control structure to determine whether the controls are performing as designed and intended. The town engineer shall present the petition, inspection report and recommendations to the town council.

1.

If the council approves the report and accepts the petition, the developer shall deposit with the town council a cash amount equal to that described in Section 268(b)2. after which, the council shall release the performance bond or other security.

2.

If the council does not accept the report and rejects the petition, the council shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release the performance bond or other security.

(l)

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 filing date of the deed for the stormwater control structure.

(m)

In the event the town engineer discovers the need for corrective action or improvements, the town engineer 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 engineer shall inspect and approve the completed improvements. The town engineer may consult with an engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) designated by the town council.

(Ord. No. 93-9, § 1, 6-7-93; Ord. No. 01-13, § 1, 7-9-01)