TO: Mayor and Members of City Council
THRU: Kristoff Bauer, Deputy City Manager
FROM: Giselle Rodriguez, PE, CFM, City Engineer
Alicia Young, Assistant City Attorney
Sheila Thomas-Ambat, PE, Interim Public Services Director
DATE: October 30, 2018
RE:
Title
Review Policy on Performance Guarantees for Stormwater Control Measures on Developments
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal II: Diverse and Viable Economy
Goal III: High Quality Built Environment
Executive Summary:
Council requested to review and discuss the policy on performance guarantees for stormwater control measure (SCM) on developments. The provision for this requirement is covered under Sec. 23-41 of the Code of Ordinances.
Background:
The requirement for performance guarantees for stormwater control measures was adopted on October 27, 2008. This requirement was relaxed on February 2012 and March 2013.
A performance guarantee is required for stormwater control measures (often referred as ponds). The original requirement for a bond was in the amount of 150% of the construction cost and was later reduced to 75% (February 2012). Later on the development community expressed concerns regarding the duration of single-family residential (SFR) projects which could take up to five years to be developed and tied up bonds for that long. In SFR the "pond" is used as an erosion control measure (as required by NCDENR) and then converted to an SCM once the subdivision is built. On March 2013 Council reduced the bond requirements for single-family residential to 100% of the conversion cost at the time of final plat; which is usually significantly less than the construction cost.
The bond requirements for BMP are currently as follows:
* Commercial Projects (includes multi-family): 75% of construction cost before a permit is issued.
* Single-family residential: 100% of conversion cost at the time of final plat. For example; An SCM c...
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