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    City of Lexington

    Excerpt from Lexington Municipal Code

    Chapter 15- Stormwater

    Sec 1.3 Purpose

    1.3.1 Purpose. The purpose of these regulations is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects of increased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment; as well as illegal discharges into municipal stormwater systems. It has been determined that proper management, or Best Management Practices (BMPs), of construction-related and post-development stormwater runoff will minimize damage to public and private property and infrastructure; safeguard the public health, safety, and general welfare; and protect water and aquatic resources.

    Sec 1.10 NCDEQ Stormwater DMP Design Manual

    1.10.1 Reference to NCDEQ Stormwater BMP Manual. The stormwater administrator shall use the policy, criteria, and information, including technical specifications and standards, in the NCDEQ Stormwater BMP Design Manual, or design manual, as the basis for decisions about stormwater management permits and about the design, implementation and performance of structural and non-structural stormwater BMPs. The NCDEQ Stormwater BMP Design Manual includes a list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality performance standards of the phase II laws.

    Sec 3.6 Standards for stormwater control measures

    3.6.1 Evaluation according to contents of the design manual. All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under these regulations shall be evaluated by the stormwater administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the design manual. The stormwater administrator shall determine whether proposed BMPs will be adequate to meet the requirements of these regulations.

    3.6.2 Determination of adequacy; presumptions and alternatives. Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the NCDEQ Stormwater BMP Design Manual will be presumed to meet the minimum water quality and quantity performance standards of these regulations. Whenever an applicant proposes to utilize a practice or practices not designed and constructed in accordance with the criteria and specifications in the design manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of these regulations. The stormwater administrator may require the applicant to provide the documentation, calculations, and examples necessary for the stormwater administrator to determine whether such an affirmative showing is made.

    3.6.3 Separation from seasonal high water table. For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least twelve (12) inches of naturally occurring soil above the seasonal high-water table.

    Sec 4.1 General standards for maintenance

    4.1.2 Annual maintenance inspection and report. The person responsible for maintenance of any structural BMP installed pursuant to these regulations shall submit to the stormwater administrator an inspection report from one (1) 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 items:

    (1) The name and address of the land owner;

    (2) The recorded book and page number of the lot of each structural BMP;

    (3) A statement that an inspection was made of all structural BMPs;

    (4) The date the inspection was made;

    (5) 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 these regulations; and

    (6) The original signature and seal of the engineer, surveyor, or landscape architect.

    4.1.3 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 (1) year from the date of the as-built certification and each year thereafter on or before January 1st (or the next available workday).

    Additional Resources

    Lexington Code of Ordinance

    Lexington Stormwater Education Website

    NCDEQ Stormwater Design Manual Website