Town of Kernersville

The Town of Kernersville 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 Kernersville 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 Kernersville will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The Town of Kernersville, 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 Kernersville has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.

Stormwater Management Program

The Town of Kernersville Stormwater and Watershed regulations (Stormwater Post-Construction Controls, Buffer Rules and Water Supply Watershed Protection Regulations) are designed to control stormwater pollutants as well as increased stormwater volume and velocity from new construction, development, and redevelopment so that water quality is protected and downstream flooding is reduced; those regulations are included in the Town of Kernersville Unified Development Ordinance (UDO) with the Chapter C “Environmental Ordinance” as following:

• Watershed Protection Ordinance – UDO Chapter C Articles III
• Stormwater Runoff – UDO Chapter C Article IV – Section 3 – Post Construction Runoff
• Riparian Buffer Protection Ordinance for Lands within the Jordan Lake Watershed – UDO Chapter C Article V
• Riparian Buffer Protection Ordinance for Lands within the Randleman Lake Watershed – UDO Chapter C Article VI

Excerpts from the Town of Kernersville Unified Development Ordinance

STANDARDS FOR STORMWATER CONTROL MEASURES

A. Evaluation According to Contents of Design Manual

All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance 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 they will be adequate to meet the requirements of this ordinance.

B. Determination of Adequacy; Presumptions and Alternatives

Stormwater treatment practices that are designed, constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to meet the minimum water quality and quantity performance standards of this ordinance. 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 this ordinance. The Stormwater Administrator may require the applicant to provide such documentation, calculations, and examples as necessary for the Stormwater Administrator to determine whether such an affirmative showing is made.

GENERAL STANDARDS FOR MAINTENANCE

A. 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.

B. 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 a qualified registered North Carolina professional engineer, surveyor, and soil scientist or landscape architect performing services only in their area of competence. The inspection report shall contain all of the following:

1. 1. The name and address of the land owner;

1. 2. The recorded book and page number of the lot of each structural BMP;

1. 3. A statement that an inspection was made of all structural BMPs;

1. 4. The date the inspection was made;

1. 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 this ordinance;

1. 6. The original signature and seal of an engineer, surveyor, soil scientist or landscape architect who either has adequate training in BMP maintenance or has been certified to maintain BMPs.

1. 7. Homeowner’s and other associations required in Section 4-3.12(B) to enter into an operation and maintenance agreement shall include a financial statement certifying compliance with the escrow account requirements therein.

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.

1. 6. Authorization for the Town of Kernersville to recover from the association and its members any and all costs the Town of Kernersville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Kernersville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Kernersville 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, in case of a deficiency. Interest, collection costs, and attorney fees shall be added to the recovery.

1. 7. A statement that this agreement shall not obligate the Town of Kernersville to maintain or repair any structural BMPs, and the Town of Kernersville shall not be liable to any person for the condition or operation of structural BMPs.

1. 8. A statement that this agreement shall not in any way diminish, limit, or restrict the right of the Town of Kernersville to enforce any of its ordinances as authorized by law.

1. 9. A clause indemnifying and holding harmless the Town of Kernersville for any costs and injuries arising from or related to the structural BMP, unless the Town of Kernersville 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.

INSPECTION PROGRAM

Inspections and inspection programs by the Town of Kernersville 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.

2. Maintenance

The amount of a maintenance performance surety 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 jurisdiction’s cost of borrowing minus a reasonable estimate of long term inflation.

C. Uses of Performance Surety

1. Forfeiture Provisions

The performance surety shall contain forfeiture provisions for failure 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.

2. 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 performance surety 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 surety, the Town of Kernersville shall not return any of the unused performance surety, which shall be retained for maintenance.

3. Costs in Excess of Performance Surety

If The Town of Kernersville takes action upon such failure by the applicant or owner, the Town of Kernersville may collect from the applicant or owner for the difference should the amount of the reasonable cost of such action exceed the amount of the performance surety held.

4. Refund

Within sixty days of the final approval, the installation performance surety shall be refunded to the applicant or terminated, with the exception of any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the surety. 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 performance surety attributable to landscaping shall be released.

B. Signage

Where appropriate in the determination of the Stormwater Administrator 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.

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.

Town of Kernersville Watershed and Stormwater Administrative Manual

Town of Kernersville Stormwater Management Ordinance