City of New Bern
The City of New Bern has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of New Bern is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of New Bern will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of New Bern, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of New Bern has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
Excerpt from the City of New Bern Stormwater Management Manual
1.2.5 Maintaining BMPs
In order to be effective, BMPs for stormwater control must be appropriately maintained. The New Bern Stormwater Program includes an annual Inspection program under which City staff, or others working in their behalf, will inspect all BMPs and their maintenance records. The program provides procedures under which the City will accept the responsibility to maintain BMPs servicing residential properties and establishes the requirement that BMPs servicing non-residential properties be maintained by their owners. The City will have the authority and capacity to perform necessary maintenance of all BMPs and will charge delinquent owners for maintenance services that the City performs.
3.1.4 Maintenance Plans
...The [Stormwater Management] Plan must address the normal and emergency procedures that will be followed to avoid:
- Any condition, which blocks, hinders or obstructs, in any way the natural or intended flow of surface waters;
- The improper operation of any stormwater retention or impoundment device or any structure or device used for the improvement of the quality of surface runoff;
- Any condition that would damage the City's stormwater collection system or that would harm the quality of the City's waters;
- Any other conditions specifically declared to be a danger to the public health, safety, and general welfare of inhabitants of the City.
Failure to properly operate and maintain stormwater facilities and BMPs in accordance with the Stormwater Management Plan is a violation of the City's Stormwater Ordinance.
3.2 Maintenance Records and Inspections
...Whenever inspections are conducted, the Stormwater Permittee shall make available records of the maintenance of all stormwater facilities and BMPs. At a minimum those records shall contain:
- Descriptions, including design drawings, of any structural changes to a BMP and the dates on which construction of those changes were begun and completed.
- Descriptions, including landscape drawings, of any changes in the drainage pathways included in the site's stormwater management plan and in any drainage pathways leading to or from a BMP.
- Descriptions to include volumes and material descriptions, of any excavation or fill operations to or impacting a BMP or the drainage of stormwater to or from a BMP and including the dates when those operations were begun and completed.
- Confirmation of completion over the previous year of all the routine maintenance items required by each BMP and documented in the Stormwater Management Plan.
Failure to perform required or emergency maintenance, or to maintain and provide the required records of that maintenance is a violation of the City's Stormwater Ordinance.
City of New Bern Municipal Code