Post Construction Ordinance & Requirements
The National Pollutant Discharge Elimination System (NPDES) Phase II Stormwater Program is an effort to preserve, protect and improve the nation’s water resources from polluted runoff. The program requires Burlington and other municipalities to obtain a federal stormwater permit. The City of Burlington’s permit was issued July 1, 2005. A requirement of the Burlington permit was the adoption of a post construction stormwater ordinance. The ordinance follows the NC Division of Water Resource's Stormwater Model Ordinance and Stormwater Design Manual. It was adopted by the Burlington City Council on June 19, 2007 and became effective July 1, 2007.
All new development and redevelopment of one acre or more must apply for a Stormwater Permit. This requirement also applies to any addition or expansion of a larger common plan of development which "cumulatively" (existing and proposed) will have a disturbance footprint of one acre or more. A stormwater permit fee of $420 was established by City Council on August 7, 2007. At the February 5, 2008 City Council Meeting this fee was increased to $505.00, effective March 1, 2008.
In addition, the City of Burlington is subject to the Jordan Lake Rules. The Burlington City Council adopted a Riparian Buffer Protection Ordinance that follows the NC Division of Water Quality's Riparian Buffer Protection Model Ordinance on November 16, 2010. The ordinance requires new development to provide a 50' riparian buffer (30' undisturbed and 20' managed) along mapped surface waters, including intermittent streams, perennial stream, lakes, reservoirs, and ponds.
Specific standards and requirements may be found through the following links:
- City of Burlington Stormwater Ordinance (See Section 7.4 "Stormwater")
- NC Stormwater Design Manual
- Riparian Buffer Protection Ordinance
Stormwater Permitting Procedure
Prior to Applying for a Stormwater Permit
- The stormwater permit review procedure is described in Section 2.4 of the Burlington Unified Development Ordinance.
- Developments that disturb one acre or more of land or are part of a common plan of development that has disturbed one acre or more of land since July 1, 2007 (existing and proposed) are required to obtain a stormwater permit.
- Applicants for a stormwater permit must first file a stormwater management concept plan and an Environmental Review Certification to the Technical Review Committee (TRC) for review. For information on how to get started on the TRC process click here.
- Upon receiving TRC approval, applicants may apply for a stormwater permit.
- If the built upon area of a site is greater than 24% it is considered "High" Density and structural stormwater control measures (SCMs) will be required. If the built upon area of a site is 24% or less, it is considered "Low" Density and deed restrictions will be required. Specific development standards for High and Low Density projects can be found in Sections 7.4.G.2 and 7.4.G.1 of the Burlington Unified Development Ordinance.
- A complete permit application includes a stormwater permit application, the stormwater permit fee of $505, and a stormwater management plan prepared by a professional engineer, licensed land surveyor, soil scientist, or professional landscape architect.
- Applications for a stormwater permit that includes structural SCMs must also include a draft Operation and Maintenance Agreement for each SCM.
- Applications for sites with jurisdictional surface waters or wetlands must also include copies of stream and wetland determinations and 404/401 permitting documentation, as applicable.
- Applications for sites with jurisdictional surface waters must submit any required Riparian Buffer Disturbance Authorization applications to the City of Burlington's Stormwater Division for privately owned projects or to the Winston Salem Regional Office of the NCDEQ Division of Water Resources for publicly owned projects at the time of stormwater permit submittal.
- Stormwater permits are issued with conditions which can include but are not limited to deeded restrictions.
- Applicants installing structural SCMs are required to schedule a joint pre-construction meeting with the Stormwater Division and Sediment and Erosion Control prior to constructing the stormwater control measure(s).
- Applicants installing structural SCMs are required to file the following prior to acceptance, final certificate of occupancy, or plat recording: an executed and recorded SCM Operations and Maintenance Agreements; recorded Stormwater Access and Maintenance Easements; and SCM As-Built Drawings and Certifications.
- Note that structural SCMs will require annual inspection in accordance with the applicable Operations and Maintenance Agreement as well as the filing of an annual SCM Inspection Report with the City’s Stormwater Division by May 31st each calendar year.
The City of Burlington requires recorded Operation and Maintenance Agreements for all structural SCMs. The City has developed Operation and Maintenance Agreement templates that are available below:
The City of Burlington requires an As-Built Submission Form, As-Built Certification Forms, and As-Built Drawings for all structural SCMs. The City has developed As-Built Submission Form and Certification templates that are available below:
Stormwater Control Measures (SCMs) are installed to protect water quality in our streams and lakes. Proper maintenance is critical to insure that each continues to function as intended. Maintenance activities are outlined in Chapter 7, Section 4 of the City of Burlington’s Unified Development Ordinance.
Of particular note, Chapter 7, Section 4 H.1 (b) requires annual inspections of all SCMs by a qualified individual with a record of this inspection submitted to the City’s Stormwater Division.
SCM Inspection Reports are due to the Stormwater Division by May 31st of each calendar year. In addition to the annual inspection report, it is highly recommended to perform routine maintenance and inspections throughout the year as specified in your SCM Operation and Maintenance Agreement(s). These records should be kept on site at all times and made available to Stormwater Division Staff if requested. The City developed SCM Inspections Reports to be used during inspections and assist property owners in meeting this requirement that are available below:
|Annual Inspection Cover (Required for all)|
Dry Extended Detention Basin
Filter Strip, Restored Riparian Buffer and Level Spreader
Rooftop Runoff Management
Underground Detention System
Wet Detention Basin
Additional information can be obtained by contacting the City's stormwater administrator at 336-222-5091.