POLICY STATEMENT 35

STORM DRAINAGE IMPROVEMENT REQUESTS

Prepared by:  Terry Warren, P.E., Stormwater Services Manager

Supersedes:  5/26/2005

Approved by Council:  4/27/2006

Effective:  4/27/2006

Purpose

To adopt an official policy pertaining to storm drainage improvement requests from citizens

Coverage

All storm drainage system improvement requests.  This shall include, but not be limited to, existing storm drainage structures, pipes, headwalls, and stream beds.

Policy

Requests for Assistance for Improvements on Private Property

A.      The Town accepts no responsibility to maintain any storm drainage systems on privately owned property.

B.      Petitioners for assistance shall be owners of property already subdivided and developed for private purposes.

C.      A special assessment as allowed by NC G.S. 160A-216 shall be used as basis for a cost sharing formula of 50% Town and 50%              petitioner(s) will be used in funding approved projects.

D.      The cost of the proposed project will be weighed against the benefit gained in determining the viability of a petition for assistance.

E.      The least cost alternative as determined by the Town shall be the basis for determining the Town’s level of funding for approved projects.

F.      The benefactors of the petition(s) will be assessed their share of the cost of the approved project as outlined by NC G.S.160A 216 – 236.

G.     Upon receipt of a valid, signed petition the Town may clean a streambed, at its discretion, as determined by the Town Manager, provided that the petitioner(s) have secured all necessary state and federal environmental permits and the stream is likely to cause structural flooding or a public safety problem and the stream drains 50 acres or more.

If the streambed is approved to be cleaned the following shall apply:

1.       The Town will not be responsible for the cost of any damage to any person or property as a result of streambed cleaning.

2.       The petitioner(s) shall constitute at least 50% of the owners of affected properties to constitute the basis of a project.

3.       The petitioner(s) shall agree to accept or pay for the disposal of the spoil generated by the cleaning of a streambed.

4.       The Town will not participate in projects that require the removal of a significant number of trees and/or natural areas adjacent to streams necessary for water quality purposes without the petitioner(s) securing all necessary state and federal permits.

H.      The Town will repair or replace existing storm drainage pipes, on

private property, not originally installed by the Town only only when structural flooding or severe erosion is involved.  The Town will unclog private storm drain pipes only once every ten years.

I.         Petitions shall be on forms provided by the Town of Cary.

J.       The Town Manager shall present to Council annually a list of petitions received, reviewed and approved by the Director of Engineering. Council will review the list and at its sole discretion approve any or all of the petitions for assistance.

K.      Participation by the Town in the cost of the project shall be limited to the extent to which Town funds are available.

L.       The petitioner(s) shall maintain and keep in good repair all improvements resulting from the project.

M.     The petitioner(s) will, at no cost to the Town, grant all necessary easements required to construct the project(s).

 

N.   In cases where the estimated costs of the proposed project are almost equal to or exceed the value of the affected property(ies), staff may evaluate the cost and effect of an outright purchase of the affected property(ies) for use as permanent Town open space. In making such an evaluation, staff shall consider the benefit to the public if such property is converted to permanent open space as to 1) stormwater quantity control, 2) water quality issues and 3) minimization of negative stormwater impacts.  Staff shall present its evaluation to Council, who in its discretion, may decide to offer to purchase the property(ies) for conversion to permanent open space.

PROPOSED RATING SHEET

CURRENT RATING SHEET