Town of Holly Springs
The Town of Holly Springs 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 Town of Holly Springs 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 Town of Holly Springs will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The Town of Holly Springs, 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 Town of Holly Springs has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
8.03 Post Construction Stormwater Management
1. Operations and Maintenance
- Inspection Procedures
Regular inspection and maintenance is an ongoing legal requirement after the BMP is constructed. Inspections must be completed quarterly and annually (certified by a qualified professional engineer) throughout the year and inspection records must be made available to the TOHS upon request and PE certifications shall be submitted to the Town annually.
Recommended inspection frequencies for SCM types:
- Quarterly and within 24 hours after every water quality storm (greater than 1.0 inch). Inspection must be conducted by a trained, qualified party. These inspections are intended to identify obvious maintenance needs early in order to prevent more extensive corrective actions.
- Annual Certification. Inspection must be conducted by a Professional Engineer. These inspections are intended to provide a more thorough assessment of the facility. Annual inspection reports (sealed by the PE) must be submitted to the TOHS Engineering Department. Field survey calculations to confirm storage volume and embankment stabilization, etc. may be required on a case by case basis.
- Operation and Maintenance Log and Reporting
Quarterly Operation and Maintenance Logs will be kept on file by the Owner or Responsible Party for each Structural BMP. Forms to be used to create Inspection and Maintenance Logs for each BMP are provided in the Appendix to this BMP Manual. The tables in this section provide a listing of the minimum criteria to be considered in the inspection of each BMP feature. Annual inspection and maintenance certifications must be filed with the TOHS. A digital photograph must be taken at the time of inspection and after maintenance for each BMP. These must be kept on file, with a hard copy filed in the Inspection and Maintenance Log. There are various training, qualification and certification programs for available for BMP inspectors, it is recommended that all parties filling out quarterly operation and maintenance logs to be trained appropriately for each BMP inspected.
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
Regular maintenance is critical to the continued function of BMPs. The Operations and Maintenance Logs for all BMPS shall include descriptions of the corrective actions and maintenance required for each item, as noted in the inspection. If possible, inspections should occur during wet weather to verify that the facility is maintaining desirable retention times. One important purpose of inspections is to ascertain the operational condition and safety of the facility, particularly the condition of embankments, outlet structures, and other safety-related features. Other general objectives are to prevent clogging of any outlets, development of standing water, and growth of weeds and noxious plants.
All maintenance must adhere to the following:
- 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.
Sec. 8-260. - Function of BMPs as intended.
The applicant, permit holder, or owner of each structural BMP installed pursuant to this article 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.
(Ord. No. 11-10, pt. 2, 12-20-2011)
Sec. 8-264. - Operation and maintenance surety for structural BMPs.
Maintenance surety is required. Town requires payment of a maintenance surety to the town's SFRF for the purpose of operation and maintenance of structural BMPs at the town's discretion. Prior to the release of the performance surety, after completion of construction of the BMPs and the end of the stormwater performance monitoring period (SPMP) the applicant, permit holder, owner(s) or association of the site shall execute a stormwater maintenance agreement (SMA) with the town that shall be binding on all subsequent owners of the site, portions of the site, and other lots or parcels served by the structural BMP. Until the transfer or conveyance of all property, sites, or lots served by the structural BMP, the original applicant, permit holder, or owner shall have sole responsibility for carrying out the provisions of the SMA.
- 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.
Sec. 8-265. - Notice to owners.
- 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)
Sec. 8-266. - Records of installation and maintenance activities
The owner of each structural BMP shall keep records of inspections, maintenance, and repairs from the date of creation of the record and shall submit the same upon reasonable request to the engineering department.
(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.
All documents shall be supplied in a format approved by the engineering department as described in the recorded O&M manual.
(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)