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TOWN OF MORRISVILLE STORMWATER MANAGEMENT PROGRAM March 16, 2012 Q-1

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TOWNOFMORRISVILLESTORMWATERMANAGEMENTPROGRAM

March16,2012

   

Q-1

TableofContents

Adoption Timeline and Effective Date _____________________________________________  3 

Other Stormwater Programs ____________________________________________________  3 

Riparian Buffer Ordinance ______________________________________________________  4 

Implementation – State and Federal ______________________________________________  4 

Applicability _________________________________________________________________  4 

Stormwater Administrator ______________________________________________________  4 

Maintenance/Inspection Program  _______________________________________________  5 

Forms  ______________________________________________________________________  5 

Ordinance ___________________________________________________________________  6 

Nutrient Loading Accounting Tool ________________________________________________  6 

Appendices __________________________________________________________________  7 

Appendix A ________________________________________________________________________  8 

Program Contacts and Professional Qualifications  _______________________________________________ 8 

Appendix B ________________________________________________________________________  9 

Stormwater Map __________________________________________________________________________ 9 

Appendix C _______________________________________________________________________  10 

Forms __________________________________________________________________________________ 10 

Appendix D _______________________________________________________________________  11 

Stormwater Management Ordinance _________________________________________________________ 11 

Appendix E _______________________________________________________________________  12 

Supplemental Information _________________________________________________________________ 12 

 

 

 

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AdoptionTimelineandEffectiveDate 

September 2011 – The Town of Morrisville submits their proposed local Stormwater Program to the 

North Carolina Division of Water Quality. 

October 2011 – The Town of Morrisville Stormwater Administrator begins briefing the Morrisville Town 

Council on the Stormwater Program and in particular the proposed Stormwater Management 

Ordinance. 

February 2012 – The Morrisville Town Council approves and makes effective the Stormwater 

Management Ordinance. 

May 2012 – North Carolina Division of Water Quality makes recommendation to the Environmental 

Management Commission on the Town of Morrisville Stormwater Program. 

May 2012 – The Environmental Management Commission approves the Town of Morrisville Stormwater 

Program. 

August 2013 and annually – The Town of Morrisville submits annual progress reports to the 

Environmental Management Commission. 

Note: Any deviations from the above schedule by agencies other than the Town of Morrisville will result 

in a revised timeline and effective date for development and implementation of the local program. 

OtherStormwaterPrograms 

The Town of Morrisville is a NPDES Phase II community and currently implementing a stormwater 

program in accordance with the Phase II permit.  Additionally, although the Town of Morrisville is not 

subject to the Neuse River Basin Rules, nitrogen reduction requirements were put into place November 

2007. 

 

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RiparianBufferOrdinance 

The Morrisville Town Council adopted the Riparian Buffer Protection Ordinance as approved by the 

Environmental Management Commission on April 26, 2011.  Revisions based on feedback from the State 

were incorporated and adopted by the Morrisville Town Council on January 24, 2012. This Ordinance is 

currently being implemented Town‐wide and as intended.  Morrisville’s Riparian Buffer Protection 

Ordinance incorporates previous Town buffer requirements as well as implementing the required Jordan 

Lake Buffer rules. 

Implementation–StateandFederal 

It is not the intention of this program to permit state and federal projects. 

Applicability 

The Stormwater Management Program and Stormwater Management Ordinance applies to all land in 

the planning jurisdiction of Morrisville including those lands that lie outside of the Jordan Lake 

Watershed.  Those lands within the ETJ of Morrisville would also be subject to the requirements of the 

Stormwater Management Program and Ordinance. 

StormwaterAdministrator 

In the Town of Morrisville, the Stormwater Engineer position has been designated by the Town Engineer 

to serve as the Stormwater Administrator.  The minimum qualifications of this position are as follows: 

  The Stormwater Engineer must have a comprehensive knowledge of the principles and practices 

of civil engineering as applied to land development; comprehensive knowledge of stormwater 

systems; comprehensive knowledge of the rules and regulations related to stormwater; ability 

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to plan, lay out and direct the work of others; ability to inspect project for compliance with 

ordinance and code provisions; ability to perform difficult engineering computation and to make 

comprehensive recommendations on engineering problems; skill in the use of civil engineering 

instruments and equipment; ability to design public facilities; ability to present technical 

information and communicate ideas effectively both orally and in writing; ability to establish and 

maintain effective working relationships with officials, associates, land developers and the 

general public. 

  The Stormwater Engineer must possess a B.S. degree in Civil Engineering or similar and a 

minimum of three years of experience in stormwater design, inspection, construction and 

maintenance; or any equivalent combination of education and experience which provides the 

knowledge, skills, and abilities.  Require licensure as a Professional Engineer by the NC Board of 

Engineers and Land Surveyors. 

Maintenance/InspectionProgram 

To date, the Town of Morrisville has required annual reports for BMPs to be submitted by the 

corresponding owner.  Enforcement of this requirement has been limited.  With implementation of this 

revised Stormwater Management Program and Stormwater Management Ordinance, it is the intent to 

implement the maintenance and inspection program as described in the model ordinance.  The 

database of currently installed practices is currently being updated at this time and once finalized will 

serve as guidance for inspection and oversight by Town staff. 

Forms 

The following forms are included in Appendix C.  Please note that many of these forms are currently 

under development and as such are not included at this time. 

Stormwater Permit Application (draft attached) 

Sample Stormwater Permit (draft attached) 

As‐Built Submittal Form, checklist of documentation and certification statements (draft 

attached) 

Operation and Maintenance Agreements for BMPs (provided; under review for improvements) 

Example Access Easement (under development) 

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Example Conservation Easement (under development) 

Ordinance 

The Ordinance being utilized to implement the Rules is included in Appendix D. 

NutrientLoadingAccountingTool 

The Town of Morrisville will utilize the Jordan/Falls Nutrient Load Accounting Tool Town‐wide for 

determining nutrient loading and BMP implementation to meet the requirements of the Stormwater 

Program. 

 

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Appendices 

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AppendixA

ProgramContactsandProfessionalQualifications 

Amanda C. Boone, PE Town Engineer 919.463.6216 [email protected]  

Amanda is licensed as a North Carolina Professional Engineer with over 10 years of stormwater related 

experience.  She has worked both in the private and public sectors and has experience handling 

stormwater related issues from both perspectives.  Her experience includes the design, construction, 

certification and maintenance of BMPs as well as program development to provide for BMP compliance 

with regulations. 

 

 

Richard D. Cappola, PE Stormwater Engineer 919.463.6193 [email protected]   Rich is licensed as a North Carolina Professional Engineer with over 8 years of stormwater related 

experience.  He has worked both in the private and public sectors and has experience handling 

stormwater related issues from both perspectives.  His experience includes the design, construction, 

certification and maintenance of BMPs.   

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AppendixB

StormwaterMap 

 

Q-9

Legend

24K Streams

DWQ 2010 Overall IR Category

DWQ Assessment

Impaired

Not Rated

Supporting

Streets

Jordan Watershed Boundary

BMPs

Town Limits

1 inch equals 2,500 feet

Town of MorrisvilleStormwater Map

January 28, 2012

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AppendixC

Forms 

 

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Stormwater Permit Application

(sample)

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DRAFT

MorrisvilleSWapp.doc Updated 3/16/2012

APPLICATION FOR

STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department 260-B Town Hall Drive Morrisville NC 27560

Tel (919) 463-6193 Fax (919) 468-6011 SUBMITTAL REQUIREMENTS

Plan Sets: 1 copy (Folded) o Must include all items indicated in the “Stormwater Management Plan” section of the

Construction Drawing checklist

Stormwater Management Report: 1 copy (Bound) o Include a digital (.pdf) copy on the submittal CD

Application Fee: See current fee schedule o Note: Stormwater applications approved with the siteplan/preliminary subdivision may be subject

to an additional modification fee if changes to the design are required during the construction drawing review process

APPLICANT/DEVELOPER Name____________________________________________ tel______________ fax ______________ Company __________________________________________________________________________ Address____________________________________________________________________________ Email Address _______________________________________________________________________ Authorized Signature ___________________________________________ Date _________________________ PROPERTY OWNER (If different from Applicant) Name____________________________________________tel______________ fax ______________ Address____________________________________________________________________________ Email Address _______________________________________________________________________ Authorized Signature ___________________________________________ Date _________________________ DESIGNER Name ___________________________________________ tel______________ fax _______________ Company ___________________________________________________________________________ Address ____________________________________________________________________________ Email Address _______________________________________________________________________ Authorized Signature ___________________________________________ Date _________________________

PROJECT DESCRIPTION Development Name: ____________________________________________________________________ Location: ___________________________________________________________________________ Wake County PIN: ________________________________ Real Estate ID: _______________________ Total acres: ____________________ Stormwater runoff from this project drains to the River basin.

Project Number __________________________ HTE Number ____________________

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DRAFT

MorrisvilleSWapp.doc Updated 3/16/2012

APPLICATION FOR

STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department 260-B Town Hall Drive Morrisville NC 27560

Tel (919) 463-6193 Fax (919) 468-6011

PERMIT INFORMATION:

1. a. Specify whether project is (check one): New Modification

b. If this application is being submitted as the result of a modification to an existing permit, list the existing permit number , its issue date (if known) , and the status of construction: Not Started Partially Completed* Completed* *provide a designer’s certification

2. Specify the type of project (check one): Commercial/Industrial (Including Multi-Family) Residential Other____________________

4. a. Additional Project Requirements (check applicable blanks; information on required state permits can be obtained by contacting the Customer Service Center at 1-877-623-6748):

Wake County Sedimentation/Erosion Control: ac of Disturbed Area Town of Morrisville Buffer Disturbance Town of Morrisville Stream Origin Identification 404/401 Permit: Proposed Impacts

b. If any of these permits have already been acquired please provide copies of the approvals with the submittal

PROJECT INFORMATION

1. In the space provided below, briefly summarize how the stormwater runoff will be treated.

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DRAFT

MorrisvilleSWapp.doc Updated 3/16/2012

APPLICATION FOR STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department

260-B Town Hall Drive Morrisville NC 27560 Tel (919) 463-6193 Fax (919) 468-6011

Complete the following information for each drainage area identified in Project Information item 9. If there are more than four drainage areas in the project, attach an additional sheet with the information for each area provided in the same format as below.

Basin Information Drainage Area Drainage Area Drainage Area Drainage Area Total Drainage Area (sf) On-site Drainage Area (sf) Off-site Drainage Area (sf)

Proposed Impervious Area* (sf)

% Impervious Area** (total)

Impervious** Surface Area Drainage Area Drainage Area Drainage Area Drainage Area

On-site Buildings/Lots (sf) On-site Streets (sf) On-site Parking (sf) On-site Sidewalks (sf) Other on-site (sf) Future (sf) Off-site (sf) Existing BUA** (sf)

Total (sf): * Impervious area is defined as the built upon area including, but not limited to, buildings, roads, parking areas,

sidewalks, gravel areas, etc. ** Report only that amount of existing BUA that will remain after development. Do not report any existing BUA that

is to be removed and which will be replaced by new BUA.

BMP SPECIFIC SUPPLEMENT FORMS

The applicable NC DENR stormwater management permit supplement forms must be submitted for each BMP specified for this project. The latest versions of the forms can be downloaded from http://portal.ncdenr.org/web/wq/ws/su/bmp-manual.

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DRAFT

MorrisvilleSWapp.doc Updated 3/16/2012

CONSULTANT INFORMATION AND AUTHORIZATION

Applicant: Complete this section if you wish to designate authority to another individual and/or firm (such as a consulting engineer and/or firm) so that they may provide information on your behalf for this project (such as addressing requests for additional information).

Consulting Engineer:

Consulting Firm:

Mailing Address:

City: State: Zip:

Phone: ( ) Fax: ( )

Email: IX. PROPERTY OWNER AUTHORIZATION (if Contact Information, item 2 has been filled

out, complete this section)

I, (print or type name of person listed in Contact Information) , certify that I own the property identified in this permit application, and thus give permission to (print or type name of person listed in Contact Information) with (print or type name of organization listed in Contact Information) to develop the project as currently proposed. A copy of the lease agreement or pending property sales contract has been provided with the submittal, which indicates the party responsible for the operation and maintenance of the stormwater system. As the legal property owner I acknowledge, understand, and agree by my signature below, that if my designated agent (entity listed in Contact Information, item 1) dissolves their company and/or cancels or defaults on their lease agreement, or pending sale, responsibility for compliance with the DWQ Stormwater permit reverts back to me, the property owner. As the property owner, it is my responsibility to notify DWQ immediately and submit a completed Name/Ownership Change Form within 30 days; otherwise I will be operating a stormwater treatment facility without a valid permit. I understand that the operation of a stormwater treatment facility without a valid permit is a violation of NC General Statue 143-215.1 and may result in appropriate enforcement action including the assessment of civil penalties of up to $25,000 per day, pursuant to NCGS 143-215.6. Signature: Date: I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this day of

_________________, _______, and acknowledge the due execution of the application for a

stormwater permit. Witness my hand and official seal,

_________________________________________________

SEAL

My commission expires

Q-16

DRAFT

MorrisvilleSWapp.doc Updated 3/16/2012

ENGINEER'S CERTIFICATION

I, (print or type name of person listed in Contact Information) ,

certify that the information included on this permit application form is, to the best of my knowledge, correct and that the project will be constructed in conformance with the approved plans, that the required deed restrictions and protective covenants will be recorded, and that the proposed project complies with the requirements of the applicable stormwater rules required by the Town of Morrisville. Signature: Date:

SEAL

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Stormwater Permit

(sample)

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DRAFT

Stormwater Permit #:____________ J:\Stormwater\Forms\MorrisvilleSWPermit(MASTER).docx

1 of 3

Town of MORRISVILLE, NORTH CAROLINA

STORMWATER PERMIT

Approval Date:

Town Project Number: Project Name:

Owner(s)/Applicant(s):

Property Location:

Parcel Identification Number(s):

Development Type:

Total Project Acreage:

Built Upon Area (Square-Foot) : (Acre): (%):

Type and number of BMPs (attach BMP Summary Sheets): 1) APPROVAL: Having reviewed the application and all supporting materials, the Stormwater

Administrator has determined that the application for the above referenced project is complete, and the proposed development meets the requirements of the Town of Morrisville Stormwater Ordinance. Therefore, pursuant to the Town of Morrisville’s National Pollutant Discharge Elimination System (NPDES) Phase 2 permit, and applicable State of North Carolina regulations, the Town of Morrisville hereby approves the project for development, subject to the conditions imposed below.

2) CONDITIONS: The above referenced project site and land used is hereby approved and

subject to all applicable provisions of the Town of Morrisville Design and Construction Ordinance, Town of Morrisville Buffer Ordinance, Town of Morrisville Stormwater Ordinance, Town of Morrisville Stormwater Design Manual, and North Carolina Department of Environment and Natural Resources (DENR) Division of Water Quality (DWQ) Stormwater Best Management Practices Manual., Sections 3 and 4 of this permit, and the following condition(s) which the Stormwater Administrator finds necessary for the proposed development to meet the intent of the ordinance:

a) An approved plan shall become null and void if the applicant fails to make substantial

progress on the site within one (1) year after the date of approval. The Stormwater Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan. In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards

Town of Morrisville Post Office Box 166 Morrisville, North Carolina 27560

Phone: 919.463.6200 Fax: 919.468.6011

www.TownofMorrisville.org

Q-19

DRAFT

Stormwater Permit #:____________ J:\Stormwater\Forms\MorrisvilleSWPermit(MASTER).docx

2 of 3

would infringe the applicant’s vested rights. If, after one (1) year the permitted activity has not begun nor a valid building permit secured, this permit shall expire.

b) All land purchases and transfers necessary to secure the property for development shall be completed prior to recordation of this permit.

c) The development of the tract shall proceed in conformity to all plans, design features, and restrictions submitted as part of the stormwater permit application and kept on file by the Morrisville Engineering Department except that the Morrisville Stormwater Administrator may approve minor changes to such plans as required by field conditions.

d) The petitioner shall complete all required off-site stormwater improvements and receive approval from the Town for such improvements prior to the release of any certificates of occupancy.

e) The petitioner shall submit any Floodplain Development of Watercourse Buffer Impact Permit Applications and receive approval from the Morrisville Planning Department prior to any land disturbance or filling of land located within those regulated areas.

f) The petitioner shall submit a Sedimentation and Erosion Control Plan Application and receive approval from Wake County prior to any land disturbance or filling of land.

3) VESTED RIGHTS. Approval of this permit confers upon the property the right to develop with the type and intensity of use only as such relates to the requirements of the Town of Morrisville Stormwater Ordinance and in the manner as herein described and as shown on the approved plans, and individual BMP Design Summary sheets attached hereto. Development of the property, however, shall be subject to any and all future amendments to this ordinance which do not affect such type and intensity of use and shall proceed in full compliance with all other applicable local, state and federal regulations.

4) DEED RESTRICTION-PROTECTIVE COVENANT. The following italicized deed

restrictions and protective covenants shall be recorded for all subdivisions, outparcels, and future development prior to the sale of any lot.

a) Development of subject property is required to be in accordance with the Town of Morrisville Stormwater Ordinance. The recording of this document establishes an enforceable restriction of property usage that runs with the land to ensure that future development and/or redevelopment shall maintain the site in a manner consistent with applicable law and the approved project plans. Any alterations to the site shall not be permitted without review and approval by the Town of Morrisville.

5) SEVERABILITY. Invalidation of any one or more of the conditions set forth herein shall

not adversely affect the balance of said conditions, which shall remain in full force and effect.

______________________________________________________ [Stormwater Administrator] [date] Attachments

Q-20

DRAFT

Stormwater Permit #:____________ J:\Stormwater\Forms\MorrisvilleSWPermit(MASTER).docx

3 of 3

I, , owner(s) or authorized agent in control of the subject property, do hereby acknowledge receipt of this Stormwater Permit and agree to the conditions stated within. I further acknowledge that no work may be done pursuant to this permit except in accordance with all of the conditions and requirements listed and that these conditions and requirements shall be binding upon me and my successors in interest and shall run with the land in perpetuity. ATTEST: [Owner/Agent Signature]

[Owner/Agent Print Name & Position]

NORTH CAROLINA - WAKE COUNTY I, ____________________, a Notary Public, do hereby certify that personally appeared before me this day and acknowledged that [he/she/they] [is/are] the owner(s) or authorized agent of the above referenced property. WITNESS my Hand and Official Seal, this the _____ day of __________, 20____. (Seal) NOTARY PUBLIC

My Commission Expires: _____________________________ Note: This page shall be signed by the responsible party in the presence of a Notary Public to acknowledge receipt and acceptance of the terms of the permit. The document shall then be recorded with the Wake County Registrar of Deeds, and returned to the Town of Morrisville to complete the authorization(s) it encompasses. Failure to record does not alter or extend the effective date and/or timeline(s) noted in conditions 2(a) above. Mail after recording to: Town of Morrisville

Engineering Department P.O. Box 166 Morrisville, NC 27560

Q-21

Stormwater BMP As-Built Application

(sample)

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DRAFT

MorrisvilleSW-AsBuiltApp(MASTER).doc Updated 3/16/2012

APPLICATION FOR

STORMWATER BMP AS-BUILT ACCEPTANCE

Town of Morrisville Planning Department

260-B Town Hall Drive Morrisville NC 27560 Tel (919) 463-6193 Fax (919) 468-6011

SUBMITTAL REQUIREMENTS Completed Forms & Documentation: 1 copy

o Application Form, Signed & Sealed by certifying professionals, completed submittal checklist, and associated documentation

Plan Sets: 1 copy (Folded) o Must include strike-through updates of all items on the approved Construction Drawing plan sheet

Stormwater Management Report: 1 copy (Bound) o Must include strike-through updates of all items in the report approved with the Construction Drawings o Include a digital (.pdf) copy on the submittal CD

Application Fee: See current fee schedule

APPLICANT/DEVELOPER Name____________________________________________ tel______________ fax ______________ Company __________________________________________________________________________ Address____________________________________________________________________________ Email Address _______________________________________________________________________ DESIGNER/CERTIFIER CONTACT Name ___________________________________________ tel______________ fax _______________ Company ___________________________________________________________________________ Address ____________________________________________________________________________ Email Address _______________________________________________________________________

PROJECT DESCRIPTION Development Name: ____________________________________________________________________ Town Project Number: ________________________________________________________________ Location: ___________________________________________________________________________ Wake County PIN: ________________________________ Real Estate ID: _______________________ Total acres: ____________________ Town Stormwater Permit Number:_________________________________________________________ Town BMP ID(s):______________________________________________________________________

Project Number __________________________ HTE Number ____________________

Q-23

DRAFT

MorrisvilleSW-AsBuiltApp(MASTER).doc Updated 3/16/2012

APPLICATION FOR

STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department 260-B Town Hall Drive Morrisville NC 27560

Tel (919) 463-6193 Fax (919) 468-6011

Complete the following information for each BMP identified in the “Town BMO ID(s) section. If there are more than four BMPS in the project, attach an additional sheet with the information for each area provided in the same format as below.

* Provide information from the approved Stormwater Report, or bulletin revisions. Any variations from this must be noted and brought to the attention of the Stormwater Engineer prior to submittal.

BMP Information BMP ID: BMP ID BMP ID BMP ID

Approved* As-Built Approved* As-Built Approved* As-Built Approved* As-Built

BMP Type

Total Drainage Area (sf)

On-site Drainage Area (sf)

Off-site Drainage Area (sf)

Impervious Area (sf)

% Impervious Area (total)

1” Water Quality Volume (CF)

1” WQv Elevation (FT)

1” WQv Drawdown (Days)

½” Water Quality Volume (CF)

½” WQv Elevation (FT)

½” WQv Drawdown (Days)

1-Year Storm Runoff Rate (CFS)

1-Year Storm Runoff Elev. (FT)

2-Year Storm Runoff Rate (CFS)

2-Yr Storm Runoff Elev. (FT)

10-Yr Storm Runoff Rate (CFS)

10-Yr Storm Runoff Elev. (FT)

25-Yr Storm Runoff Rate (CFS)

25-Yr Storm Runoff Elev. (FT)

100-Yr Storm Runoff Rate (CFS)

100-Yr Storm Runoff Elev. (FT)

100-Yr Freeboard (FT)

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DRAFT

MorrisvilleSW-AsBuiltApp(MASTER).doc Updated 3/16/2012

APPLICATION FOR

STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department 260-B Town Hall Drive Morrisville NC 27560

Tel (919) 463-6193 Fax (919) 468-6011

Complete the following Checklist to ensure all applicable items are included with the submittal. Initial in the appropriate box as to “Provided” or “not-applicable” and leave the “reviewer” column blank. Provide one (1) copy of the following:

Information Provided N/A Reviewer

Plan Set with updated survey & constructed facility data (design info shall be stricken, survey points shown, and design storm elevations shown as contours in the plan view of the facility)

Updated Stormwater Report with constructed data (design info stricken)

Geotechnical Certification and associated Field Inspection Reports

Shallow High Water determination

Soil Media Mix testing and gradation certification

Copy of Recorded BMP Operation & Maintenance Agreement

Confirmation of Maintenance Security Payment/Bond/Letter of Credit

Copy of the Approved Stormwater Permit

Copy(s) of approved bulletin revisions

Application Fee: Amount =

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DRAFT

MorrisvilleSW-AsBuiltApp(MASTER).doc Updated 3/16/2012

APPLICATION FOR STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department

260-B Town Hall Drive Morrisville NC 27560 Tel (919) 463-6193 Fax (919) 468-6011

CONSULTANT INFORMATION AND CERTIFICATION

Complete this section with the contact information for the certifying professional, and statement of compliance.

Consulting Engineer:

Consulting Firm:

Mailing Address:

City: State: Zip:

Phone: ( ) Fax: ( )

Email: ENGINEER'S CERTIFICATION

I, (print or type name of person listed in Contact Information) ,

certify that the information included on this As-built Acceptance application form is, to the best of my knowledge, correct and that the project has been constructed in conformance with the approved plans, that the required deed restrictions, protective covenants, easements, and plats have been recorded, and that the proposed project complies with the requirements of the applicable stormwater rules required by the Town of Morrisville. Signature: Date:

SEAL

Q-26

DRAFT

MorrisvilleSW-AsBuiltApp(MASTER).doc Updated 3/16/2012

APPLICATION FOR STORMWATER DISCHARGE PERMIT

Town of Morrisville Planning Department

260-B Town Hall Drive Morrisville NC 27560 Tel (919) 463-6193 Fax (919) 468-6011

SURVEYOR INFORMATION AND CERTIFICATION

Complete this section with the contact information for the certifying professional, and statement of compliance.

Surveyor’s Name:

Surveyor Firm:

Mailing Address:

City: State: Zip:

Phone: ( ) Fax: ( )

Email: SURVEYOR'S CERTIFICATION

I, (print or type name of person listed in Contact Information) ,

certify that the information included with this application form is, to the best of my knowledge, correct and complies with the requirements of the applicable stormwater rules required by the Town of Morrisville. Signature: Date:

SEAL

Q-27

Operation & Maintenance Agreements

(sample)

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STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Wet Detention Basin Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The wet detention basin system is defined as the wet detention basin, pretreatment including forebays and the vegetated filter if one is provided. This system (check one):

does does not incorporate a vegetated filter at the outlet. This system (check one):

does does not incorporate pretreatment other than a forebay. Important maintenance procedures:

Immediately after the wet detention basin is established, the plants on the vegetated shelf and perimeter of the basin should be watered twice weekly if needed, until the plants become established (commonly six weeks).

No portion of the wet detention pond should be fertilized after the first initial fertilization that is required to establish the plants on the vegetated shelf.

Stable groundcover should be maintained in the drainage area to reduce the sediment load to the wet detention basin.

If the basin must be drained for an emergency or to perform maintenance, the flushing of sediment through the emergency drain should be minimized to the maximum extent practical.

Once a year, a dam safety expert should inspect the embankment. After the wet detention pond is established, it should be inspected once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance should be kept in a known set location and must be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the wet detention basin

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Vegetation is too short or too long.

Maintain vegetation at a height of approximately six inches.

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BMP element: Potential problem: How I will remediate the problem:The inlet device: pipe or swale

The pipe is clogged. Unclog the pipe. Dispose of the sediment off-site.

The pipe is cracked or otherwise damaged.

Replace the pipe.

Erosion is occurring in the swale.

Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion.

The forebay Sediment has accumulated to a depth greater than the original design depth for sediment storage.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying.

The vegetated shelf Best professional practices show that pruning is needed to maintain optimal plant health.

Prune according to best professional practices

Plants are dead, diseased or dying.

Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary.

Weeds are present. Remove the weeds, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying.

The main treatment area Sediment has accumulated to a depth greater than the original design sediment storage depth.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Algal growth covers over 50% of the area.

Consult a professional to remove and control the algal growth.

Cattails, phragmites or other invasive plants cover 50% of the basin surface.

Remove the plants by wiping them with pesticide (do not spray).

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BMP element: Potential problem: How I will remediate the problem:The embankment Shrubs have started to grow on

the embankment. Remove shrubs immediately.

Evidence of muskrat or beaver activity is present.

Use traps to remove muskrats and consult a professional to remove beavers.

A tree has started to grow on the embankment.

Consult a dam safety specialist to remove the tree.

An annual inspection by an appropriate professional shows that the embankment needs repair. (if applicable)

Make all needed repairs.

The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.

The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage

have occurred at the outlet. Contact the local NC Division of Water Quality Regional Office, or the 401 Oversight Unit at 919-733-1786.

The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments.

When the permanent pool depth reads _ _ feet in the main pond, the sediment shall be removed. When the permanent pool depth reads _ _ feet in the forebay, the sediment shall be removed.

BASIN DIAGRAM (fill in the blanks)

Permanent Pool Elevation

Sediment Removal El. Permanent Pool Volume Sediment Removal Elevation Volume

Bottom Elevation 1-ft Min. Sediment Bottom Elevation 1-ft Min. Storage Sediment

Storage FOREBAY MAIN POND

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BMP Operation and Maintenance Security Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

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4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

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4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Wet Detention Basin Agreement-2012-Jan Page 8 of 8

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing wet detention basin maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Underground Detention System Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP.

Important maintenance procedures: The drainage area will be carefully managed to reduce the sediment load to the

underground facility. Once a year the underground facility will be thoroughly inspected for structural issues. Sediment must be removed from the pipe/vault system when the sediment accumulation

depth is __ inches or greater at any point within the storage pipe/vault.

The underground detention system will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire BMP Trash/debris is present. Remove the trash/debris. The inlet device The inlet pipe is clogged. Unclog the pipe. Dispose of the

sediment off-site. The pipe is cracked or otherwise damaged (if applicable).

Replace the pipe.

The structure is damaged. Make any necessary repairs or replace if damage is too large for repair.

The underground vaults/pipes

Sediment accumulation of __ inches or more at any point within the storage pipe/vault.

Remove sediment.

Significant seepage or settlement accompanied by cracking within a small area of the vault/pipe system.

Retain assistance of a civil or geotechnical engineer qualified in the design of underground detention systems.

Interior wall of pipe/vault shows signs of improper joint alignment (sagging), elongation and displacement of joints, cracks, leaks, surface water, surface wear, loss of protective coating, corrosion and blocking.

Retain assistance of a civil or geotechnical engineer qualified in the design of underground detention systems.

The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.

The outlet device is damaged Repair or replace the outlet device. The outflow pipe is clogged. Provide additional erosion protection

such as reinforced turf matting or riprap if needed to prevent future erosion problems.

The outflow pipe is damaged. Repair or replace the pipe.

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BMP element: Potential problem: How I will remediate the problem:The receiving water Erosion or other signs of damage

have occurred at the outlet. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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BMP Operation and Maintenance Security Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

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4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Underground Detention Agreement-2012-Jan

Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing underground detention system maintenance requirements. Witness my hand and

official seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Stormwater Wetland Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures:

Immediately following construction of the stormwater wetland, bi-weekly inspections will be conducted and wetland plants will be watered bi-weekly until vegetation becomes established (commonly six weeks).

No portion of the stormwater wetland will be fertilized after the first initial fertilization that is required to establish the wetland plants.

Stable groundcover will be maintained in the drainage area to reduce the sediment load to the wetland.

Once a year, a dam safety expert should inspect the embankment. After the stormwater wetland is established, I will inspect it monthly and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately. BMP element: Potential problem: How I will remediate the problem: Entire BMP Trash/debris is present. Remove the trash/debris. Perimeter of wetland Areas of bare soil and/or erosive

gullies have formed. Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Vegetation is too short or too long. Maintain vegetation at an appropriate height.

Inlet device: pipe or swale

The pipe is clogged (if applicable). Unclog the pipe. Dispose of the sediment offsite.

The pipe is cracked or otherwise damaged (if applicable).

Replace the pipe.

Erosion is occurring in the swale (if applicable).

Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion.

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BMP element: Potential problem: How I will remediate the problem:Forebay Sediment has accumulated in the

forebay to a depth that inhibits the forebay from functioning well.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

Weeds are present. Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying.

Deep pool, shallow water and shallow land areas

Algal growth covers over 50% of the deep pool and shallow water areas.

Consult a professional to remove and control the algal growth.

Cattails, phragmites or other invasive plants cover 50% of the deep pool and shallow water areas.

Remove invasives by physical removal or by wiping them with pesticide (do not spray) – consult a professional.

Shallow land remains flooded more than 5 days after a storm event.

Unclog the outlet device immediately.

Plants are dead, diseased or dying. Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if necessary.

Best professional practices show that pruning is needed to maintain optimal plant health.

Prune according to best professional practices.

Sediment has accumulated and reduced the depth to 75% of the original design depth of the deep pools.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Embankment A tree has started to grow on the embankment.

Consult a dam safety specialist to remove the tree.

An annual inspection by appropriate professional shows that the embankment needs repair.

Make all needed repairs.

Evidence of muskrat or beaver activity is present.

Consult a professional to remove muskrats or beavers.

Micropool Sediment has accumulated and reduced the depth to 75% of the original design depth.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.

The outlet device is damaged Repair or replace the outlet device. Receiving water Erosion or other signs of damage

have occurred at the outlet. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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BMP Inspection and Maintenance Security Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

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4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

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4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Stormwater Wetland Agreement-2012-Jan Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president.

I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing stormwater wetland maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Sand Filter Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP.

Important maintenance procedures: The drainage area will be carefully managed to reduce the sediment load to the sand

filter. The sedimentation chamber or forebay will be cleaned out whenever sediment depth

exceeds six inches. Once a year, sand media will be skimmed. The sand filter media will be replaced whenever it fails to function properly after

maintenance.

The sand filter will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem: Entire BMP Trash/debris is present. Remove the trash/debris. Adjacent pavement (if applicable)

Sediment is present on the pavement surface.

Sweep or vacuum the sediment as soon as possible.

Perimeter of sand filter Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Vegetation is too short or too long.

Maintain vegetation at an appropriate height.

Flow diversion structure The structure is clogged. Unclog the conveyance and dispose of any sediment offsite.

The structure is damaged. Make any necessary repairs or replace if damage is too large for repair.

Forebay or pretreatment area

Sediment has accumulated to a depth of greater than six inches.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and stabilize or dispose of it in a location where it will not cause impacts to streams or the BMP.

Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

Weeds are present. Remove the weeds, preferably by hand. If a pesticide is used, wipe it on the plants rather than spraying.

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BMP element: Potential problem: How I will remediate the problem:Filter bed and underdrain collection system

Water is ponding on the surface for more than 24 hours after a storm.

Check to see if the collector system is clogged and flush if necessary. If water still ponds, remove the top few inches of filter bed media and replace. If water still ponds, then consult an expert.

Outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment offsite.

The outlet device is damaged Repair or replace the outlet device. Receiving water Erosion or other signs of

damage have occurred at the outlet.

Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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BMP Operation and Maintenance Security Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

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4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

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4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Sandfilter Agreement-2012-Jan

Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president.

I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing sand filter maintenance requirements. Witness my hand and official seal,

SEAL

My commission expires

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Page 1 of 6

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Page 2 of 6

Rooftop Runoff Management Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures:

The plants will be watered during extended periods of dry weather. Fertilize only once per year as long as the rooftop runoff system is not intended

for nutrient removal. The rooftop runoff management system will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How to remediate the problem:The plants materials Weeds are present. Remove the weeds by hand. Vegetation is dead or diseased. Try to determine the cause of the

problem (may wish to consult an expert). Correct the problem and replace the plants.

The flow diversion structure

The structure is clogged. Unclog the conveyance and dispose of any sediment off-site.

The structure is damaged. Make any necessary repairs or replace if damage is too large for repair.

Gutters, drains and spouts Clogging has occurred. Remove leaves, debris, and other foreign matter and dispose of in a manner that will not impact streams or the BMP.

Damage has occurred. Repair or replace the damaged conveyances.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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Page 4 of 6

drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Rooftop Runoff Management Agreement-2012-Jan Page 6 of 6

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing rooftop management maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Rainwater Harvesting System Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures:

The roof area will be maintained to reduce the debris and sediment load to the system. Excess debris can clog the system and lead to bypass of the design storm, and reduced reuse volume.

To ensure proper operation as designed, a licensed Professional Engineer, Landscape Architect, or other qualified professional will inspect the system annually.

The system components will be repaired or replaced whenever they fail to function properly.

If the outlet is metered, use must be recorded at a minimum of monthly. These records shall be kept on site for inspection by DWQ.

The system will be inspected by the owner/operator at least monthly and within 24 hours after each rain event. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problems: How to remediate the problem:The entire system A component of the system is

damaged or leaking. Make any necessary repairs or replace if damage is too large for repair.

Water is flowing out of the overflow pipe during a design rainfall or smaller (usually a 1” or 1.5” rainfall).

Check system for clogging and damage. Repair as needed so the design volume is stored properly without discharging during a design storm. Check that the pump is operating properly and that the water is actually being used at the volume designed. If it is still not operating properly, then consult an expert.

The captured roof area Excess debris or sediment is present on the rooftop.

Remove the debris or sediment as soon as possible.

The gutter system Gutters are clogged, or water is backing up out of the gutter system.

Unclog and remove debris. May need to install gutter screens to prevent future clogging.

Rooftop runoff not making it into gutter system.

Correct the positioning or installation of gutters. Replace if necessary to capture the roof runoff.

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BMP element: Potential problems: How to remediate the problem:The pump Pump is not operating properly. Check to see if the system is clogged

and flush if necessary. If it is still not operating, then consult an expert.

The overflow pipe Erosion is evident at the overflow discharge point.

Stabilize immediately.

The overflow pipe is clogged. Unclog or replace if it cannot be unclogged.

The outflow pipe is damaged. Repair or replace the pipe. The secondary water supply

Not operating properly. Consult an expert.

The cistern Sediment accumulation of 5% or more of the design volume.

Remove sediment.

Algae growth is present inside the cistern.

Do not allow sunlight to penetrate the cistern. Treat the water to remove/prevent algae.

Mosquitoes in the cistern. Check screens for damage and repair/replace. Treat with ‘mosquito dunks’ if necessary.

The screens and filters Debris and/or sediment has accumulated. Screens and filters are clogged.

Search for the source of the debris/sediment and remedy the problem if possible. Clean/clear debris/sediment from screen or filter. Replace if it cannot be cleaned.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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Page 5 of 7

drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Rainwater Harvesting Agreement-2012-Jan Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing rainwater harvesting maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Permeable Pavement Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures:

Stable groundcover will be maintained in the drainage area to reduce the sediment load to the permeable pavement.

The area around the perimeter of the permeable pavement will be stabilized and mowed, with clippings removed.

Any weeds that grow in the permeable pavement will be sprayed with pesticide immediately. Weeds will not be pulled, since this could damage the fill media.

Once a year, the permeable pavement surface will be vacuum swept. At no time shall wet sweeping (moistening followed by sweeping) be allowed as a means

of maintenance. There shall be no repair or treatment of Permeable Pavement surfaces with other types of

pavement surfaces. All repairs to Permeable Pavement surfaces must be accomplished utilizing permeable pavement which meets the original pavement specifications.

Concentrated runoff from roof drains, piping, swales or other point sources, directly onto the permeable pavement surface shall not be allowed. These areas must be diverted away from the permeable pavement.

Initial Inspection: Permeable Pavements shall be inspected monthly for the first three months for the following:

BMP element: Potential problem: How to remediate the problem:The perimeter of the permeable pavement

Areas of bare soil and/or erosive gullies have formed.

In the event that rutting or failure of the groundcover occurs, the eroded area shall be repaired immediately and permanent groundcover re-established. Appropriate temporary Erosion Control measures (such as silt fence) shall be installed in the affected area during the establishment of permanent groundcover, and any impacted area of permeable pavement is to be cleaned via vacuum sweeping.

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BMP element: Potential problem: How to remediate the problem:The surface of the permeable pavement

Rutting / uneven settlement This indicates inadequate compaction of the pavement base / sub-base. If rutting or uneven settlement on the order of ½ inch or greater occurs, permeable pavement shall be removed and base / sub-base re-compacted, smoothed, and permeable pavement shall then be re-installed. Base and sub-base compaction shall be monitored by a licensed geotechnical engineer to ensure that infiltration capacity of base and sub-base are not compromised by compaction and smoothing processes.

The pavement does not dewater between storms, or water is running off.

Vacuum sweep the pavement. If the pavement still does not dewater, consult a professional.

The permeable pavement will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How to remediate the problem:The perimeter of the permeable pavement

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Vegetation is too short or too long.

Maintain vegetation at a height of 3 to 6 inches (remove clippings).

The surface of the permeable pavement

Trash/debris is present. Remove the trash/debris.

Weeds are growing on the surface of the permeable pavement.

Do not pull the weeds (may pull out media as well). Spray them with pesticide.

Sediment is present on the surface.

Vacuum sweep the pavement.

The pavement is deteriorating or damaged.

Consult an appropriate professional. Damaged areas of the pavement shall be removed and repaired.

The pavement does not dewater between storms.

Vacuum sweep the pavement. If the pavement still does not dewater, consult a professional. Permanently clogged pavement shall be removed and repaired.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Permeable Pavement Agreement-2012-Jan Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing permeable pavement maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Infiltration Trench Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures:

The drainage area of the infiltration trench will be carefully managed to reduce the sediment load to the sand filter.

The water level in the monitoring wells will be recorded once a month and after every storm event greater than 1.0 inches The infiltration trench will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire BMP Trash/debris is present. Remove the trash/debris. The grass filter strip or other pretreatment area

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Sediment has accumulated to a depth of greater than six inches.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

The flow diversion structure (if applicable)

The structure is clogged. Unclog the conveyance and dispose of any sediment off-site.

The structure is damaged. Make any necessary repairs or replace if damage is too large for repair.

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BMP element: Potential problem: How I will remediate the problem:The trench Water is ponding on the surface

for more than 24 hours after a storm.

Remove the accumulated sediment from the infiltration system and dispose in a location that will not impact a stream or the BMP.

The depth in the trench is reduced to 75% of the original design depth.

Remove the accumulated sediment from the infiltration system and dispose in a location that will not impact a stream or the BMP.

Grass or other plants are growing on the surface of the trench.

Remove the plants, preferably by hand. If pesticide is used, wipe it on the plants rather than spraying.

The observation well(s) The water table is within one foot of the bottom of the system for a period of three consecutive months.

Contact the DWQ Stormwater Unit immediately at 919-733-5083.

The outflow pipe is clogged. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

The outflow pipe is damaged. Repair or replace the pipe. The emergency overflow berm

Erosion or other signs of damage have occurred at the outlet.

The emergency overflow berm will be repaired or replaced if beyond repair.

The receiving water Erosion or other signs of damage have occurred at the outlet.

Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Infiltration Trench Agreement-2012-Jan Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing infiltration trench maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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Page 1 of 7

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Infiltration Basin Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures:

The drainage area will be carefully managed to reduce the sediment load to the infiltration basin.

Immediately after the infiltration basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks).

No portion of the infiltration basin will be fertilized after the initial fertilization that is required to establish the vegetation.

The vegetation in and around the basin will be maintained at a height of approximately six inches.

After the infiltration basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the infiltration basin

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

The inlet device: pipe or swale

The pipe is clogged (if applicable).

Unclog the pipe. Dispose of the sediment off-site.

The pipe is cracked or otherwise damaged (if applicable).

Replace the pipe.

Erosion is occurring in the swale (if applicable).

Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion.

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BMP element: Potential problem: How I will remediate the problem:The forebay Sediment has accumulated and

reduced the depth to 75% of the original design depth.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Erosion has occurred or riprap is displaced.

Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying.

The main treatment area A visible layer of sediment has accumulated.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Replace any media that was removed in the process. Revegetate disturbed areas immediately.

Water is standing more than 5 days after a storm event.

Replace the top few inches of filter media and see if this corrects the standing water problem. If so, revegetate immediately. If not, consult an appropriate professional for a more extensive repair.

Weeds and noxious plants are growing in the main treatment area.

Remove the plants by hand or by wiping them with pesticide (do not spray).

The embankment Shrubs or trees have started to grow on the embankment.

Remove shrubs or trees immediately.

An annual inspection by an appropriate professional shows that the embankment needs repair.

Make all needed repairs.

The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.

The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage

have occurred at the outlet. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Infiltration Basin Agreement-2012-Jan Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing infiltration basin maintenance requirements. Witness my hand and official seal,

SEAL

My commission expires

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Page 1 of 6

STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Grassed Swale Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures:

The drainage area of the grassed swale will be carefully managed to reduce the sediment load to the grassed swale.

After the first-time fertilization to establish the grass in the swale, fertilizer will not be applied to the grassed swale.

The grassed swale will be inspected once a quarter. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire length of the swale

Trash/debris is present. Remove the trash/debris.

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then re-sod (or plant with other appropriate species) and water until established. Provide lime and a one-time fertilizer application.

Sediment covers the grass at the bottom of the swale.

Remove sediment and dispose in an area that will not impact streams or BMPs. Re-sod if necessary.

Vegetation is too short or too long.

Maintain vegetation at a height of approximately six inches.

The receiving water Erosion or other signs of damage have occurred at the outlet.

Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Grassed Swale Agreement-2012-Jan

Page 6 of 6

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party.

Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing grassed swale maintenance requirements. Witness my hand and official seal,

SEAL

My commission expires

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STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Filter Strip, Restored Riparian Buffer and Level Spreader Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important maintenance procedures:

Immediately after the filter strip is established, any newly planted vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks).

Once a year, the filter strip will be reseeded to maintain a dense growth of vegetation Stable groundcover will be maintained in the drainage area to reduce the sediment load to

the vegetation. Two to three times a year, grass filter strips will be mowed and the clippings harvested to

promote the growth of thick vegetation with optimum pollutant removal efficiency. Turf grass should not be cut shorter than 3 to 5 inches and may be allowed to grow as tall as 12 inches depending on aesthetic requirements (NIPC, 1993). Forested filter strips do not require this type of maintenance.

Once a year, the soil will be aerated if necessary. Once a year, soil pH will be tested and lime will be added if necessary.

After the filter strip is established, it will be inspected quarterly and within 24 hours after every storm event greater than 1.0 inch. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire filter strip system

Trash/debris is present. Remove the trash/debris.

The flow splitter device (if applicable)

The flow splitter device is clogged.

Unclog the conveyance and dispose of any sediment off-site.

The flow splitter device is damaged.

Make any necessary repairs or replace if damage is too large for repair.

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BMP element: Potential problem: How I will remediate the problem:The swale and the level lip The swale is clogged with

sediment. Remove the sediment and dispose of it off-site.

The level lip is cracked, settled, undercut, eroded or otherwise damaged.

Repair or replace lip.

There is erosion around the end of the level spreader that shows stormwater has bypassed it.

Regrade the soil to create a berm that is higher than the level lip, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Trees or shrubs have begun to grow on the swale or just downslope of the level lip.

Remove them.

The bypass channel Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then reestablish proper erosion control.

Turf reinforcement is damaged or ripap is rolling downhill.

Study the site to see if a larger bypass channel is needed (enlarge if necessary). After this, reestablish the erosion control material.

The filter strip Grass is too short or too long (if applicable).

Maintain grass at a height of approximately three to six inches.

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

Sediment is building up on the filter strip.

Remove the sediment and restabilize the soil with vegetation if necessary. Provide lime and a one-time fertilizer application.

Plants are desiccated. Provide additional irrigation and fertilizer as needed.

Plants are dead, diseased or dying.

Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application.

Nuisance vegetation is choking out desirable species.

Remove vegetation by hand if possible. If pesticide is used, do not allow it to get into the receiving water.

The receiving water Erosion or other signs of damage have occurred at the outlet.

Contact the NC Division of Water Quality local Regional Office, or the 401 Oversight Unit at 919-733-1786.

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BMP Operation and Maintenance Security

Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow account. Any funds

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drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Filter Strip_Restored Buffer_Level Spreader Agreement-2012-Jan Page 7 of 7

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president.

I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing filter strip, riparian buffer, and/or level spreader maintenance requirements.

Witness my hand and official seal,

SEAL

My commission expires

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STORMWATER OPERATION AND MAINTENANCE

AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Dry Extended Detention Basin Operation and Maintenance Agreement

I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. The dry extended detention basin system is defined as the dry detention basin, outlet structure, pretreatment including forebays and the vegetated filter if one is provided. This system (check one):

does does not incorporate a vegetated filter at the outlet. This system (check one):

does does not incorporate pretreatment other than a forebay. Important maintenance procedures:

The drainage area will be managed to reduce the sediment load to the dry extended detention basin.

Immediately after the dry extended detention basin is established, the vegetation will be watered twice weekly if needed until the plants become established (commonly six weeks).

No portion of the dry extended detention pond will be fertilized after the first initial fertilization that is required to establish the vegetation.

I will maintain the vegetation in and around the basin at a height of approximately six inches.

Once a year, a dam safety expert will inspect the embankment. After the dry extended detention basin is established, it will be inspected once a quarter and within 24 hours after every storm event greater than 1.0 inches. Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problem: How I will remediate the problem:The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the dry extended detention basin

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

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BMP element: Potential problem: How I will remediate the problem:The inlet device: pipe or swale

The pipe is clogged (if applicable).

Unclog the pipe. Dispose of the sediment off-site.

The pipe is cracked or otherwise damaged (if applicable).

Replace the pipe.

Erosion is occurring in the swale (if applicable).

Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion.

The forebay Sediment has accumulated and reduced the depth to 75% of the original design depth (see diagram below).

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP.

Erosion has occurred or riprap is displaced.

Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

Weeds are present. Remove the weeds, preferably by hand. If pesticides are used, wipe them on the plants rather than spraying.

The main treatment area Sediment has accumulated and reduced the depth to 75% of the original design depth (see diagram below).

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and dispose of it in a location where it will not cause impacts to streams or the BMP. Revegetate disturbed areas immediately with sod (preferred) or seed protected with securely staked erosion mat.

Water is standing more than 5 days after a storm event.

Check outlet structure for clogging. If it is a design issue, consult an appropriate professional.

Weeds and noxious plants are growing in the main treatment area.

Remove the plants by hand or by wiping them with pesticide (do not spray).

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BMP element: Potential problem: How I will remediate the problem:The embankment Shrubs or trees have started to

grow on the embankment. Remove shrubs or trees immediately.

Grass cover is unhealthy or eroding.

Restore the health of the grass cover – consult a professional if necessary.

Signs of seepage on the downstream face.

Consult a professional.

Evidence of muskrat or beaver activity is present.

Use traps to remove muskrats and consult a professional to remove beavers.

An annual inspection by an appropriate professional shows that the embankment needs repair.

Make all needed repairs.

The outlet device Clogging has occurred. Clean out the outlet device. Dispose of the sediment off-site.

The outlet device is damaged Repair or replace the outlet device. The receiving water Erosion or other signs of damage

have occurred at the outlet. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

The measuring device used to determine the sediment elevation shall be such that it will give an accurate depth reading and not readily penetrate into accumulated sediments. When the basin depth reads feet in the main pond, the sediment shall be removed. When the basin depth reads feet in the forebay, the sediment shall be removed.

BASIN DIAGRAM (fill in the blanks)

Temporary Pool Elevation

Sediment Removal El. Temporary Pool Temporary Pool Volume Sediment Removal Elevation Volume

Bottom Elevation 25% Sediment Bottom Elevation 25% Sediment Storage Storage FOREBAY MAIN POND

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BMP Operation and Maintenance Security Performance Security

The Town of Morrisville requires 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

1. installed by the permit holder as required by the approved stormwater management plan, and/or

2. maintained by the owner as required by the operation and maintenance agreement.

Amount

1. Installation

The amount of an installation performance security shall be the total estimated construction cost of the BMPs approved under the permit, plus 50%.

2. Maintenance

3. 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 jurisdiction's cost of borrowing minus a reasonable estimate of long-term inflation.

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:

1. Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities.

2. Establishment of an escrow account, 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 Town of Morrisville, in its sole discretion, may remedy the situation, and in such instances the Town of Morrisville shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the structural BMPs, provided that the Town of Morrisville shall first consent to the expenditure.

3. Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall pay into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPs. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction of the structural BMPs. Funds shall be deposited each year into the escrow account. A portion of the annual

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assessments of the association shall include an allocation into the escrow account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the sinking fund budget.

4. The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Morrisville depending on the design and materials of the stormwater control and management facility.

5. Granting to the Town of Morrisville a right of entry to inspect, monitor, maintain, repair, and reconstruct structural BMPs.

6. Allowing the Town of Morrisville to recover from the association and its members, any and all costs the Town of Morrisville expends to maintain or repair the structural BMPs or to correct any operational deficiencies. Failure to pay the Town of Morrisville all of its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. The Town of Morrisville 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.

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

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

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

Uses of Performance Security

1. 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.

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 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 Town of Morrisville shall not return any of the unused deposited cash funds or other security, which shall be retained for maintenance.

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3. Costs in Excess of Performance Security

If the Town of Morrisville takes action upon such failure by the applicant or owner, the Town of Morrisville 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 security held.

4. Refund

Within sixty days of the final approval, the installation performance security 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 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.

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Dry Detention Basin Agreement-2012-Jan Page 8 of 8

I acknowledge and agree by my signature below that I am responsible for the performance of the maintenance procedures listed above. I agree to notify the Town of Morrisville of any problems with the system or prior to any changes to the system or responsible party. Project name:

BMP drainage area number:

Print name:

Title:

Address:

Phone:

Signature:

Date:

Note: The legally responsible party should not be a homeowners association unless more than 50% of

the lots have been sold and a resident of the subdivision has been named the president. I, _____________________________________, a Notary Public for the State of

____________________, County of ____________________, do hereby certify that

______________________________________ personally appeared before me this

day of _________________, _______, and acknowledge the due execution of the

forgoing dry detention basin maintenance requirements. Witness my hand and official

seal,

SEAL

My commission expires

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STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY

Project Name:

Town Project Number:

Town BMP ID:

PIN Number:

Mail after recording to: Town of Morrisville Engineering Department P.O. Box 166 Morrisville, NC 27560

NORTH CAROLINA WAKE COUNTY This STORMWATER OPERATION AND MAINTENANCE AGREEMENT AND SECURITY,

made this day ________ of ______________________ , 20 _______

by ______________________________________________________

whose principal address is ___________________________________

_________________________________________________________

with, to, and for the benefit of the Town of Morrisville, a municipal corporation of the State

of North Carolina, whose address is P.O. Box 166, Morrisville, North Carolina 27560.

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Bioretention Operation and Maintenance Agreement I will keep a maintenance record on this BMP. This maintenance record will be kept in a log in a known set location. Any deficient BMP elements noted in the inspection will be corrected, repaired or replaced immediately. These deficiencies can affect the integrity of structures, safety of the public, and the removal efficiency of the BMP. Important operation and maintenance procedures:

Immediately after the bioretention cell is established, the plants will be watered twice weekly if needed until the plants become established (commonly six weeks).

Snow, mulch or any other material will NEVER be piled on the surface of the bioretention cell.

Heavy equipment will NEVER be driven over the bioretention cell. Special care will be taken to prevent sediment from entering the bioretention cell. Once a year, a soil test of the soil media will be conducted.

After the bioretention cell is established, I will inspect it once a month and within 24 hours after every storm event greater than 1.0 inches (or 1.5 inches if in a Coastal County). Records of operation and maintenance will be kept in a known set location and will be available upon request. Inspection activities shall be performed as follows. Any problems that are found shall be repaired immediately.

BMP element: Potential problems: How I will remediate the problem:The entire BMP Trash/debris is present. Remove the trash/debris. The perimeter of the bioretention cell

Areas of bare soil and/or erosive gullies have formed.

Regrade the soil if necessary to remove the gully, and then plant a ground cover and water until it is established. Provide lime and a one-time fertilizer application.

The inlet device: pipe, stone verge or swale

The pipe is clogged (if applicable).

Unclog the pipe. Dispose of the sediment off-site.

The pipe is cracked or otherwise damaged (if applicable).

Replace the pipe.

Erosion is occurring in the swale (if applicable).

Regrade the swale if necessary to smooth it over and provide erosion control devices such as reinforced turf matting or riprap to avoid future problems with erosion.

Stone verge is clogged or covered in sediment (if applicable).

Remove sediment and clogged stone and replace with clean stone.

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BMP element: Potential problems: How I will remediate the problem:The pretreatment area Flow is bypassing pretreatment

area and/or gullies have formed. Regrade if necessary to route all flow to the pretreatment area. Restabilize the area after grading.

Sediment has accumulated to a depth greater than three inches.

Search for the source of the sediment and remedy the problem if possible. Remove the sediment and restabilize the pretreatment area.

Erosion has occurred. Provide additional erosion protection such as reinforced turf matting or riprap if needed to prevent future erosion problems.

Weeds are present. Remove the weeds, preferably by hand. The bioretention cell: vegetation

Best professional practices show that pruning is needed to maintain optimal plant health.

Prune according to best professional practices.

Plants are dead, diseased or dying.

Determine the source of the problem: soils, hydrology, disease, etc. Remedy the problem and replace plants. Provide a one-time fertilizer application to establish the ground cover if a soil test indicates it is necessary.

Tree stakes/wires are present six months after planting.

Remove tree stake/wires (which can kill the tree if not removed).

The bioretention cell: soils and mulch

Mulch is breaking down or has floated away.

Spot mulch if there are only random void areas. Replace whole mulch layer if necessary. Remove the remaining much and replace with triple shredded hard wood mulch at a maximum depth of three inches.

Soils and/or mulch are clogged with sediment.

Determine the extent of the clogging - remove and replace either just the top layers or the entire media as needed. Dispose of the spoil in an appropriate off-site location. Use triple shredded hard wood mulch at a maximum depth of three inches. Search for the source of the sediment and remedy the problem if possible.

An annual soil test shows that pH has dropped or heavy metals have accumulated in the soil media.

Dolomitic lime shall be applied as recommended per the soil test and toxic soils shall be removed, disposed of properly and replaced with new planting media.

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BMP element: Potential problems: How I will remediate the problem:The underdrain system (if applicable)

Clogging has occurred. Wash out the underdrain system.

The drop inlet Clogging has occurred. Clean out the drop inlet. Dispose of the sediment off-site.

The drop inlet is damaged Repair or replace the drop inlet. The receiving water Erosion or other signs of damage

have occurred at the outlet. Contact the NC Division of Water Quality 401 Oversight Unit at 919-733-1786.

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AppendixD

StormwaterManagementOrdinance 

 

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AppendixE

SupplementalInformation

ProgramApproval 

The Town of Morrisville Town Council approved the new Stormwater Management Ordinance February 

28, 2012 and it is currently effective Town‐wide.  Upon submission of the proposed Stormwater 

Management Program to the North Carolina Division of Water Quality (DWQ), an internal review of the 

program and associated supporting documents, especially the ordinance, permits, forms, etc; will 

continue.  Once staff has finalized any changes an update will be provided to DWQ.     

OrdinanceChanges 

The Town of Morrisville utilized the model ordinance in developing a Stormwater Management 

Ordinance (Appendix D).  At the same time this ordinance became effective portions of Chapter 6 and all 

of Chapter 7 of the current Town of Morrisville Design and Construction Ordinance were dissolved in 

order to begin enforcement under the new ordinance. 

Landuseplanning 

The Town of Morrisville is currently in the process of reviewing our various ordinances and working 

towards the development of a Unified Development Ordinance.  As part of this process, potential 

modifications are being evaluated and considered in an effort to facilitate 1) improved growth 

management practices 2) allow adequate flexibility to reduce impervious surfaces and 3) reduce 

untreated nutrient loading.  To date, this process in still in progress and therefore no findings are 

available and no actions have been taken. 

ExceedingMinimumRequirements 

The Town of Morrisville lies in both the Jordan Lake watershed of the Cape Fear River Basin and the 

Neuse River Basin.  The Nutrient Reduction Rules are being applied across the entire jurisdiction.  Similar 

action was taken when applying the Riparian Buffer Rules and thus is reasonable do such in regards to 

the Nutrient Reduction Rules. 

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Within the ordinance treatment for a greater volume of stormwater runoff is being achieved by 

requiring a drawdown period of 2‐5 days for an additional half‐inch of rainfall (see section 304 of the 

Stormwater Management Ordinance). 

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