HomeMy Public PortalAboutExhibit MSD 37E-4 - Raleigh Stormwater Quality Cost Share Policy Revised ResolutionRESOLUTION NO. (2015) - 83
A RESOLUTION TO ESTABLISH THE CITY OF RALEIGH STORMWATER
QUALITY COST SHARE POLICY
WHEREAS, The City of Raleigh adopted Resolution 2009 – 937 on June 16, 2009 establishing
the City of Raleigh Water Quality Cost Share Policy and on February 21, 2012 adopted
Resolution 2012 – 534 amending that policy; and
WHEREAS,
● A number of Raleigh's streams and water bodies are considered impaired based
on current levels of pollution;
● Raleigh has a mandate to reduce pollutants in stormwater runoff to the maximum
extent practicable (MEP) criteria;
● In the watersheds of Perry Creek and Pigeon House Branch, the City has an
additional mandate, as part of the establishment of a Total Maximum Daily Load
(TMDL), to develop a recovery plan to restore water quality;
● Retrofits are mandated under the City's NPDES and Neuse River Nutrient
Sensitive Watershed requirements and are essential to meeting the MEP goal;
● Federal prohibition on in-stream water quality structures is limiting retrofit
alternatives;
● Raleigh's citizens have demonstrated a strong interest in taking a more active role
in improving water quality; and
● Currently there are no other City of Raleigh funding mechanisms to assist citizens
in improving water quality through the installation of best management practices.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
RALEIGH, NORTH CAROLINA THAT:
Section 1. Resolution 2009 – 937 and Resolution 2012 – 534 be deleted and rewritten as
follows to be known as the “City of Raleigh Stormwater Quality Cost Share Policy.”
Section 2. The policy of the City of Raleigh with respect to installation of best management
practices subject to the conditions in this policy to improve water quality:
Upon receipt of a petition by the owner(s) of property which is already subdivided and
developed for private or public purposes or new development where a best management practice
improves water quality in excess of current regulatory requirements, the City Council on the
advice of the City Manager, a recommendation from the Stormwater Management Advisory
Commission and, to the extent that funds are available and to the extent that such work is
reasonable and practical as determined by the City, will consider the water quality improvement
project. The project will be considered subject to the following:
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A. The City Manager is given administrative authority for assigning staff
responsibility for the receipt, review and evaluation of projects under the City
Stormwater Quality Cost Share Policy.
B. The City will direct all work necessary to complete an authorized project
including, but not limited to, design, engineering, materials acquisition and
construction or, in the case of approved reimbursement projects, will review and
approve all work necessary to complete an authorized project including but not
limited to design, engineering, materials acquisition and construction.
C. Acceptable cost of implementing an approved water quality improvement project
may include costs for design, soil testing, surveying, construction, installation,
materials, equipment, inspection, oversight, and/or supplies necessary for
implementation, as determined by the City based on information provided by the
petitioner. The following additional requirements apply to acceptable cost for
specific types of water quality improvements:
1. For projects that employ permeable pavers or permeable pavements,
acceptable cost may not include cost of removing or disposing of existing
pavers or pavement. Acceptable cost will be established by the City on
the following basis:
Acceptable cost = (Total cost of implementing the project) – (Cost
of installing conventional, non-pervious pavement of the same
dimensions at the same location).
2. For projects that employ green roofs, acceptable cost may not include cost
of removing or disposing of existing roofing materials, installing materials
that would be necessary for conventional roofing or roof drainage, or
structurally reinforcing existing roofs.
D. The City’s contribution to the cost of implementing approved water quality
improvement projects will be a percentage of the total acceptable cost of
implementing the water quality improvement, as follows, subject to available City
funding and funding priorities:
1. For projects in areas designated as Priority Water Quality Target Areas in
Exhibit A of the City Stormwater Quality Cost Share Policy: 90%.
2. For projects in areas not designated as Priority Water Quality Target
Areas: 75%.
3. The acceptable cost of implementing an approved water quality
improvement project as determined by the City shall be the basis for
determining the City’s level of funding in conjunction with the appropriate
cost sharing formula as stated above. Property owners may select other
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alternative solutions, but will be responsible for all costs in excess of the
acceptable project cost.
E. Projects will be subject to the following criteria:
1. Any landowner, including residential, commercial, and public entity
paying a stormwater utility fee is eligible to petition for assistance.
2. Projects receiving cost share funding through this policy shall not be
eligible for credits included in the "City of Raleigh Stormwater Utility
Credit and Adjustment Manual," but may be eligible for an adjustment
based on reductions in impervious surfaces or the use of semi-impervious
surfaces that meet the requirements outlined in the City of Raleigh
Stormwater Utility Credit and Adjustment Manual.
3. Projects shall be prioritized based on the following criteria:
a) Streams assigned a Total Maximum Daily Load (TMDL).
b) Streams included on the State's list of impaired streams (303d list).
c) Cost/benefit based on pollutant removal.
d) Areas designated as Priority Water Quality Target Areas in Exhibit
A of the City Stormwater Quality Cost Share Policy.
4. The Raleigh City Council will consider the funding for this program
through the annual budget based on a recommendation from the
Stormwater Management Advisory Commission and the City Manager.
5. The petitioner shall sign an agreement with the City insuring maintenance
of the approved water quality improvement for a term of 10 years.
6. Water quality improvements in new developments may be eligible
provided the project treats runoff that would not have otherwise been
treated under current regulatory requirements as determined by the City.
These improvements shall not be used for future regulatory requirements
unless the City is reimbursed for all costs associated with the project.
Section 3. In addition to the specific conditions and procedures applicable to each of the
above sections, the following conditions and procedures shall also be applicable to each project:
A. Petitions shall be on forms approved by the City.
B. If the project is to be implemented by the City, within 30 days of the City Council
approval of the project, the petitioner shall make a deposit equal to the costs of
surveys, design, contract development and other costs as estimated by the City to
be incurred prior to construction. This deposit is not refundable if the City has
incurred costs for surveys, design, contract development and other costs as
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estimated by the City. If the petitioner continues with the project, the deposit
would be applied to the project’s total cost.
C. Plans for work prepared by engineers other than City staff or engineers retained
by the City shall be coordinated with and approved by the City. Prior to
preparation, agreement as to details should be reached.
D. No work shall be performed until the project is approved by the City Council.
The Stormwater Management Advisory Commission will make a
recommendation to City Council on all projects submitted. The Stormwater
Management Advisory Commission will consider available funding, project
priorities and the submittal date of petition requests for City funding assistance.
E. For projects that receive more than $30,000 of City funds, the petitioner shall
record a land-use restriction on the property’s deed that gives notice of the
existence and location of the water quality improvement and that restricts uses of
that portion of the property to uses consistent with and not detrimental to the
intended performance of the water quality improvement. The land-use restriction
shall be binding on heirs, successors, assigns, and grantees of the petitioner and
shall run with the land for a term of not less than 10 years, after which time the
land-use restriction may terminate. City funds will be expended for the project
only after the land-use restriction has been recorded on the property deed with the
Wake County Register of Deeds and a copy has been provided to the City.
F. All authorized work referred to herein may be implemented either by the City, its
agents, and/or its contractors, or by the property owner via a reimbursement
agreement between the City and the property owner. If the project is to be
implemented by the property owner, the property owner must solicit quotations or
bids for construction work from qualified vendors or contractors, unless the
construction work is to be conducted by the property owner or otherwise
conducted at no cost to the project or to the City.
G. Participation by the City, its agents and contractors in the cost of the work shall be
limited to the extent to which City funds are available for such purpose.
H. The petitioner(s) shall maintain and keep in good repair and condition the water
quality facility and submit annual inspection reports on forms provided by the
City from a professional engineer or as defined in the agreement with the City. A
maintenance plan will be included as an exhibit to the agreement that must be
adhered to by the petitioner(s).
I. No action or inaction of the City pursuant to the policy established by this
resolution shall impose upon the City of Raleigh, its agents, officers, or
employees, any responsibility or liability of any kind, past or future, relating to
any person or property. The petitioner(s) shall agree to covenant to and hold the
City harmless from any death, personal injury, or property damage resulting from
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the work. No such action by the City shall be considered as a taking or
appropriation of any stream, drain, water quality or quantity facility or ditch as a
part of the City's drainage system.
J. The Petitions shall be considered and acted upon as the workload of the City staff
will permit. Such schedules shall be evaluated by the City Council in its complete
discretion, on advice from the City Manager; provided, the improvements
authorized by this resolution shall generally, and as nearly as practical, be
constructed based on the priority as outlined in this policy then in the order in
which petitions are submitted and acted upon by the City Council unless good
cause exists for a variance.
K. Nothing herein shall be construed, or applied in such manner as to aid or assist in
the subdivision or development of property in the City.
L. The petitioner(s) shall grant the City appropriate easement(s) across
(his)(her)(their) property(ies) for the purpose of performing the necessary,
preliminary field work and the actual, later improvements. Access to the work
area must be provided and the City will be held harmless for any damages to
private property as long as diligent and judicial care is exercised in the pursuit of
the work. The petitioner(s) agree that no claims or legal actions against the City
or any City employees will be undertaken as a result of this work and that the City
will be held blameless.
M. The petitioners and the City shall execute agreements providing for the
construction of the project and for the payment of the petitioners' shares of the
project cost. If the project is to be implemented by the City, petitioners may pay
their share of the project’s cost by either of the following payment arrangements:
1. Petitioners may pay their share of the cost by depositing with the City an
amount equal to the estimated share and executing an agreement regarding
responsibilities of the petitioner and the City. The petitioners' costs shall
not exceed the estimated share, and any payment in excess of actual cost
shall be refunded to the petitioner.
2. Petitioners may pay their share in installments under the following
conditions:
a) Applications for installment payment shall be submitted with a
non-refundable application fee to cover credit checks, appraisals,
and other costs of processing a loan. Investigations similar to those
used by banks to evaluate home equity loans shall be undertaken
by the City.
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b) A first or second position lien in an amount no greater than 80
percent of the unencumbered property value will be considered
sufficient security for the loan.
c) After determination that income, credit history, security, and other
normal requirements for the loan have been met, the application
for installment payments will be approved by the City.
d) The petitioner shall submit a deposit at least equal to 10 percent of
the estimated share and an executed agreement to pay the
remainder in equal annual payments at 6 percent interest over a
time period not to exceed 10 years. The first payment will be due
one year after notification of project completion by the City.
e) The minimum loan amount shall be $2,000.
N. If executed agreements and required deposits are not received from all
participants within 4 months following presentation of such agreements by the
City, the City will provide second notice that agreements should be executed. If
all agreements are not executed and returned to the City within 2 months
following the second notice, the project shall be terminated, deposits shall be
refunded, and the City Council shall be notified of project termination.
O. Failure to adhere to the requirements in this policy may result in the repayment of
monies spent and costs incurred by the City. The repayment amount will be
determined by the City.
P. If the petitioner is not able or is not willing to fulfill its obligation via the
agreement to inspect, maintain, and repair the water quality improvement project
for the full term of the agreement, the petitioner may request that the City allow
either of the following arrangements:
1. The petitioner repays project costs incurred by the City. The repayment
amount will be determined by the City.
2. The petitioner transfers to another party responsibility for inspecting,
maintaining, and repairing the project for the remainder of the
maintenance term. The transferee will sign an agreement with the City
assuming this responsibility.
Adopted: April 7, 2015
Effective: April 7, 2015
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