Last Updated 08/19/2026
Excerpts from the City of Hickory Phase II Stormwater Ordinance
SECTION 4: MAINTENANCE
4.1 GENERAL STANDARDS FOR MAINTENANCE
- Function of BMPs As Intended
- The owner of each structural BMP installed pursuant to this ordinance shall maintain and operate it so as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural BMP was designed.
- Annual Maintenance Inspection and Report
- The person responsible for maintenance of any structural BMP installed pursuant to this ordinance shall submit to the Stormwater Administrator an 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. The inspection report shall contain all of the following:
- The name and address of the land owner;
- The recorded book and page number of the lot of each structural BMP;
- A statement that an inspection was made of all structural BMPs;
- The date the inspection was made;
- A statement that all inspected structural BMPs are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance; and
- The original signature and seal of the engineer, surveyor, or landscape architect.
All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date of as-built certification and each year thereafter on or before the date of the as-built certification.
4.2 OPERATION AND MAINTENANCE AGREEMENT
- In General
- Prior to the conveyance or transfer of any lot or building site to be served by a structural BMP pursuant to this ordinance, and prior to issuance of any permit for development or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent owners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property, sites, or lots served by the structural BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions of the maintenance agreement.
- The operation and maintenance agreement shall require the owner or owners to maintain, repair and, if necessary, reconstruct the structural BMP, and shall state the terms, conditions, and schedule of maintenance for the structural BMP. In addition, it shall grant to the City 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 BMP; however, in no case shall the right of entry, of itself, confer an obligation on the City to assume responsibility for the structural BMP.
- The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval, and it shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen (14) days following its recordation.
- Special Requirement for Homeowners’ and Other Associations
- For all structural BMPs required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions,
- Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.
- Provide financial security, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the structural BMPs. If structural BMPs are not performing adequately or as intended or are not properly maintained, the City, in its sole discretion, may remedy the situation, and in such instances the City shall be fully reimbursed by the association and its members for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the City of Hickory shall first consent to the expenditure.
- An annual certified financial statement shall be provided to the City along with the required annual inspection report.
- Granting to the City right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.
- Allowing the City to recover from the association and its members any and all costs the City expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the City all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. In case of a deficiency, the City shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agreement against the property, or both. Interest, collection costs, and attorney fees shall be added to the recovery.
- A statement that this agreement shall not obligate the City to maintain or repair any structural BMPs, and the City shall not be liable to any person for the condition or operation of structural BMPs.
- A statement that this agreement shall not in any way diminish, limit, or restrict the right of the City to enforce any of its ordinances as authorized by law.
- A provision indemnifying and holding harmless the City for any costs and injuries arising from or related to the structural BMP, unless the City has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication of any and all rights necessary to carry out that maintenance.
- For all structural BMPs required pursuant to this ordinance and that are to be or are owned and maintained by a homeowners’ association, property owners’ association, or similar entity, the required operation and maintenance agreement shall include all of the following provisions,
4.3 INSPECTION PROGRAM
Inspections and inspection programs by the City 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.
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.
4.4 PERFORMANCE SECURITY FOR INSTALLATION AND MAINTENANCE
- Required
- The City shall require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are
- Installed by the permit holder as required by the approved stormwater management plan, and
- Maintained by the owner as required by the operation and maintenance agreement.
- The City shall require the submittal of a performance security or bond with surety, cash escrow, letter of credit or other acceptable legal arrangement prior to issuance of a permit in order to ensure that the structural BMPs are
- Amount
- Installation
- The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 25%.
- Maintenance
- The amount of a maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the cost of borrowing minus a reasonable estimate of long-term inflation.
- Installation
- Uses of Performance Security
- 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 ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance.
- 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 City shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.
- Costs in Excess of Performance Security
- If the City takes action upon such failure by the applicant or owner, the City may collect from the applicant or owner 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.
- Refund
- Within sixty 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 (1) 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.
- Forfeiture Provisions
4.5 NOTICE TO OWNERS
- Deed Recordation and Indications On Plat
The applicable operations and maintenance agreement and conservation easement (if applicable), pertaining to every structural BMP shall be referenced on the final plat and shall be recorded with the county Register of Deeds upon final plat approval. If no subdivision plat is recorded for the site, then the operations and maintenance agreement and conservation easement (if applicable), shall be recorded with the county Register of Deeds so as to appear in the chain of title of all subsequent purchasers under generally accepted searching principles.
- Signage
To assure compliance with this ordinance, 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.
4.6 RECORDS OF INSTALLATION AND MAINTENANCE ACTIVITIES
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.
4.7 NUISANCE
The owner of each stormwater BMP, whether structural or non-structural BMP, shall maintain it so as not to create or result in a nuisance condition.
Excerpts from City of Hickory Phase II Stormwater Admin Manual
SECTION 7: OPERATION AND MAINTENANCE AGREEMENT
7.1 PURPOSE OF OPERATION AND MAINTENANCE AGREEMENT
An Operation and Maintenance Agreement is required for all BMPs. The purpose of this legal agreement is to ensure that each BMP receives adequate maintenance so that it can satisfactorily perform its pollutant removal function. The agreement also designates the responsible party who shall be in charge of maintaining the BMP. An addendum for each type of BMP shall be attached to the Operation and Maintenance Agreement when it is submitted for approval. The standard format Operation and Maintenance Agreement and Addenda shall be furnished by the City.
The Operation and Maintenance Agreement and Operation and Maintenance Manual should be submitted for review and approval once the Stormwater Management Permit is issued. The Operation and Maintenance Agreement and Operation and Maintenance Manual must be approved before a Certificate of Occupancy is issued.
The Operation and Maintenance Agreement and Operation and Maintenance Manual shall be referenced on the final plat. The Operation and Maintenance Agreement and Operation and Maintenance Manual shall be recorded with the appropriate County Register of Deeds (Catawba, Caldwell, or Burke).
7.2 OPERATION AND MAINTENANCE MANUAL
An Operation and Maintenance Manual is required for all site BMPs. The Operation and Maintenance Manual shall include all site BMPs and shall indicate what operation and maintenance actions are required to be performed, what criteria shall be used to determine when those actions are necessary, and who is responsible for those actions. A copy of the Operation and Maintenance Manual shall be kept at the site along with the records of inspections, maintenance, and repairs.
7.3 ANNUAL MAINTENANCE AND INSPECTION REPORT
The Operation and Maintenance Agreement requires that each BMP shall be inspected on an annual basis. The Owner shall provide an annual inspection report for each BMP, performed by a qualified professional according to the City’s Phase II Stormwater Ordinance Section 4.1(B). The standard format Maintenance and Inspection Checklist form shall be furnished by the City. The annual inspection report shall be submitted to the City on/or before the first and each subsequent anniversary date of the as-built certification.
The inspection report for each BMP must indicate the status of each item inspected, and any maintenance that was conducted or repairs that were made as a result of the inspection. The inspector shall certify that at the time of the inspection the BMP was performing properly and was in compliance with the terms and conditions of the approved Operation and Maintenance Agreement and Operation and Maintenance Manual. The inspector should allow enough time before the anniversary date of the as-built certification to conduct the necessary inspection(s) and allow for any recommended maintenance and repairs to be made prior to the submittal of the report.
The owner of the BMP shall keep records of inspections, maintenance, and repairs for at least five (5) years from the date of creation of the record and shall submit the same to the Storm Water Administrator upon request.
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Frequently Asked Questions
What is post-construction stormwater management, and does it apply to my property in Hickory?
Post-construction stormwater management covers the ongoing responsibility to preserve and maintain the structural BMPs on your property so they continue controlling stormwater quality and quantity as originally designed. If your property in Hickory or Catawba County has a structural BMP installed under an approved plan, the City’s Phase II Stormwater Ordinance requires that facility to keep functioning for the life of the property, not just through construction. AQUALIS provides full post-construction stormwater management for property owners across Hickory and Catawba County, so BMPs stay compliant long after a project is complete.
Who has to inspect my stormwater BMP in Hickory, and how often?
Hickory requires an annual inspection report for each structural BMP, and that report must be submitted by a qualified professional, such as a licensed engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or an inspector certified through NC Cooperative Extension. Property owners cannot self-certify these reports, and the City also conducts its own routine, random, and complaint-based inspections. AQUALIS arranges qualified annual inspections for property owners in Hickory and Catawba County and manages the reporting so nothing is missed.
What is an operation and maintenance agreement, and is it recorded with Catawba County?
Before a stormwater permit is issued or a property changes hands in Hickory, the owner must execute a binding operation and maintenance agreement that runs with the land to future owners, details the maintenance terms and schedule, grants the City inspection rights, and is recorded with the Catawba County Register of Deeds. If you purchased a Hickory property, this agreement transferred to you automatically as the current owner. AQUALIS reviews existing O&M agreements for property owners and takes on the maintenance activity they require.
Do I need to post a bond or security for my stormwater BMP in Hickory?
In many cases, yes. The City of Hickory requires performance security before issuing a permit, covering the total estimated BMP construction cost plus 25 percent for installation, along with a separate maintenance security based on the present value of future operation and maintenance costs. Unused landscaping-related security is only released after a compliant one year inspection. AQUALIS helps property owners understand what security obligations still apply to their site and keeps maintenance on track so that security isn’t put at risk.
What happens if my stormwater BMP in Hickory fails an inspection or falls out of compliance?
Hickory uses a progressive enforcement process, starting with a written notice of violation that specifies the issue and a correction deadline. Continued non-compliance can lead to withheld certificates of occupancy, permit disapprovals, stop work orders, civil penalties, and even criminal misdemeanor charges, with each day of violation counted as a separate offense. If the City ends up correcting the issue itself, the cost can be placed as a lien against the property. AQUALIS provides non-compliance resolution for Hickory and Catawba County property owners, addressing violations quickly to avoid these escalating consequences.
Where can property owners in Hickory or Catawba County get help with post-construction stormwater compliance?
Post-construction stormwater compliance in Hickory involves a recorded operation and maintenance agreement, annual professional inspections, five year recordkeeping, performance security, and a progressive enforcement process if any part of it is neglected. Managing all of this without dedicated stormwater staff is difficult for most owners. AQUALIS offers complete post-construction stormwater management for Hickory and Catawba County property owners, covering inspections, maintenance, recordkeeping, security tracking, and non-compliance resolution, so owners can meet the City’s requirements without managing the process themselves.
The information on this page is provided for general informational purposes only and is not legal advice. Regulations change frequently — AQUALIS makes no warranty as to the accuracy or completeness of this content, and any reliance on it is at your own risk. Consult a qualified professional or your local regulatory authority to confirm requirements applicable to your specific property.
