Stormwater Control Measures (SCMs) are designed to remove pollutants from urban runoff, improve water quality and control quantity before the water reaches our streams and drinking water supply reservoirs.
Stormwater SCMs offer both "non-structural" and "structural" approaches to water quality protection. Non-structural measures include such practices as minimizing impervious area for site development, providing vegetative buffers along all streams and waterways, promoting natural infiltration of runoff, pollution prevention practices such as regular sweeping of parking lots and public environmental outreach programs.
Structural SCMs are permanent devices, which are designed, constructed and maintained to remove pollutants from runoff. While it is important to note that structural SCMs are only one part of a comprehensive watershed management plan, they play a critical role in protecting water quality in our receiving streams and lakes by removing or filtering out pollutants in runoff. Without these constructed devices, pollutants in urban runoff would directly enter the closest stream or lake, possibly impair downstream water quality or aquatic life and also degrade the quality of our drinking water reservoirs.
Many different kinds of SCMs can be installed, such as stormwater wetlands, bioretention cells, infiltration basins, dry detention areas or wet detention ponds.
SCM Regulations
(A) Stormwater control measures capturing stormwater runoff from multiple lots shall be located in a common area of the development and shall be maintained by a property owners' or homeowners' association.
[Amended on 10/21/2019 byOA-01-19.]
(B) Easem*nts.
- The developer must record a document or documents showing a permanent easem*nt for each of the following purposes: drainage, all stormwater control measures, access by Wake County for necessary inspections and enforcement and maintenance access by the private entity (property owners' or homeowners' association) responsible for maintenance.
- The stormwater control measures shall be shown and labeled within the easem*nt. The entire footprint of the stormwater control measure system must be included in the access and maintenance easem*nt
- The maintenance easem*nt shall be ten or more feet in width, not including lateral or inclined slopes that exceed 3:1 (horizontal to vertical) around the stormwater control measure to provide sufficient room to complete maintenance tasks. The stormwater control measure system may include, but is not limited to: forebay, riser structure, the stormwater control measure device, dam embankment, outlet and emergency spillway.
- The access easem*nt shall extend to the nearest public right-of-way or public easem*nt.
(C)Stormwater control measures shall be set back from all wastewater system components in accordance with the applicable provisions of theRegulations Governing Wastewater Treatment and Dispersal Systems in Wake County.
Article 9-31 Construction and Maintenance of SCMs
9-30-1 Party Responsible for Completion of Improvements.
The developer is responsible for completing all stormwater improvements in accordance with the requirements of thisArticleand other applicable ordinances and laws.
9-31Assurance that Improvements will be Completed.
9-31-1 Performance Guarantee.The county may not approve a record plat, or in the case of single-lot development not requiring a record plat may not issue a building permit, until those stormwater improvements required of the developer have been completed or a performance guarantee has been provided. Such performance guarantees must comply with the performance guarantee provisions ofSec. 8-22.
9-31-2 As-Built Plans.Upon completion of required improvements, the developer or the developer's representative must submit as-built plans prepared by a licensed surveyor of required stormwater improvements to the Wake County Department of Environmental Services. These plans must indicate whether stormwater improvements were constructed in accordance with the county approved stormwater plan.
9-32Assurance that Improvements will be Maintained.
9-32-1 Maintenance Required.All stormwater improvements must be maintained so they will continue to serve their intended functions.
9-32-2 Parties Responsible for Maintenance of Improvements.
(A) The developer must maintain stormwater improvements until accepted by a property owners' association or lot owner via a Stormwater Agreement. The developer must disclose which party will be responsible for continued maintenance on the record plat and on the stormwater management plan.
(B) Before improvements are accepted for maintenance by the property owners' association or lot owner, the developer or the developer's engineer or other representative, as authorized by Statute, must certify to the property owners' association or lot owner and to the county that improvements are complete and functioning as designed.
9-32-3 Maintenance Plan.
(A) The developer must record, and reference on the record plat, a maintenance plan that instructs the property owners' association or lot owner about the annual maintenance tasks and associated costs for at least a 20-year period.
(B) It will be the responsibility of the property owners' association or lot owner to update the maintenance plan at least every ten years.
9-32-4 Maintenance Agreement.
(A) The developer must record, and reference on the record plat, a maintenance agreement, or restrictive covenant that sets forth the property owners' association's or lot owner's continuing responsibilities for maintenance, including specifying how cost will be apportioned among lot owners served.
(B) The maintenance agreement must provide that the association and its individual members are jointly and severably liable for maintenance.
9-32-5 Annual Maintenance Inspection and Report.
(A) The person or entity responsible for maintenance of any structural and non-structural stormwater control measures installed pursuant to this ordinance shall submit an annual inspection report from one of the following persons providing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practice inspection and maintenance or other certification as approved by Wake County.
(B) Annual inspection reports are due by June 30 of each year. The first annual report is due by June 30 following one year after approval of the as-built plan. For structural stormwater control measures located on properties subject to property owners' association agreements, the property owners' association is responsible for collecting and submitting information on all individual lot structural stormwater conveyance measures installed pursuant to this ordinance on an annual basis.
(C) The inspection report shall contain all of the following: The name and address of the parcel owner, the name and address of the party responsible for maintenance of the stormwater control measure, the name of the subdivision or development, the recorded book and page number of the lot of each structural and non-structural stormwater control measure; a statement regarding whether or not inspected structural and non-structural stormwater control measures are performing properly and are in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance. The report shall include any noted deficiencies, needed maintenance and recommended corrective action. The report shall include the name, contact information, original signature, and seal (if applicable) of the qualified person conducting the inspection.
(D) All reports shall be on a form provided by or approved by Wake County.
9-32-6 Documents Required Before Plat Approval or Building Permit.All maintenance documents required by thisArticlemust be submitted to the Subdivision Administrator or Environmental Services Stormwater Engineer before record plat approval, and such documents must be referenced on the record plat, or, in the case of single-lot developments not requiring record plats, documentation must be submitted to the Zoning Administrator or Environmental Services Stormwater Engineer before building permit issuance.
