§ 58-543. General standards for stormwater management.

(a)

The Town of Weddington hereby adopts and incorporates herein the provisions contained in the Charlotte-Mecklenburg Stormwater Design Manual, dated January 1, 2014, (as amended) (hereinafter referenced as the "Stormwater Manual"), with the following exceptions:

(1)

Necessary deviations may be necessary to accommodate soil types found in Union County and the Town of Weddington.

(2)

Rainfall data for stormwater management design calculations shall be the most current available and shall be obtained from the National Oceanic and Atmospheric (NOAA) Precipitation Frequency Data Server website.

(3)

When discrepancies are found between the Stormwater Manual and the Town of Weddington zoning or subdivision regulations, the stricter regulation shall apply.

(4)

The town engineer, may approve other deviations from the Stormwater Manual in unique cases where hardship is demonstrated. Any deviation is also subject to approval from the town council.

(b)

All developments shall be constructed and maintained so that properties are not unreasonably burdened with stormwater runoff as a result of such developments. More specifically:

(1)

All nonresidential development and all major residential development creating more than 20,000 square feet of new impervious area shall provide stormwater detention to control the peak stormwater runoff from the 2, 10, 25, 50 and 100 year, 24-hour storm events to pre-development rates. Stormwater volume control shall also be provided for the 1-year, 24-hour storm. Design of facilities shall be consistent with the Stormwater Manual except as stated herein.

(2)

All developments with impervious area existing on or before November 13, 2014 shall provide detention only for any newly created impervious area.

(3)

Minor residential subdivisions and individual single-family residences are exempt from requirements of this section.

(4)

Stormwater management facilities shall not be located within 20 feet of any property lines.

(5)

A registered North Carolina professional engineer shall certify documents demonstrating that construction of the project or subdivision will not increase the rate of runoff from the site nor cause any adverse impacts on downstream facilities or property.

(6)

Where stormwater management facilities are proposed to be constructed, the owners, heirs, assigns or successors of the land, including any homeowners associations, will agree to perpetual maintenance of the facility and will release and hold harmless the Town of Weddington from any liability, claims, demands, attorney's fees, and costs or judgments arising from said facility. At a minimum, the facility will be inspected by a registered North Carolina professional engineer on a yearly basis and the annual inspection report submitted by the owner to the zoning administrator for purposes of compliance.

(7)

An evaluation of any dam that is part of a stormwater management facility shall be made by the designer, in accordance with the Dam Safety Law of 1967, and submitted to the dam safety engineer for review, if required.

(8)

No certificate of compliance or release of performance bond funds shall be issued for any development until a registered land surveyor has surveyed the as-built storm drainage and stormwater management facilities and the revised calculations have been submitted to and approved by the Town of Weddington. The revised calculations must be sealed by a registered North Carolina professional engineer. In addition, the town shall not grant final plat approval unless the town engineer has approved the plans, and the town has approved the as-built detention plans and/or a performance bond has been secured.

(9)

A permanent drainage easement that encompasses the facility shall be shown on a recorded plat, along with an access easement from the facility to a public right-of-way. This easement will be described by metes and bounds on the plat.

(10)

There will be a note placed on the recorded plat that clearly describes who is responsible for maintenance of the stormwater management facilities, pipes, and/or channels located within the permanent facility.

(11)

Required drainage easements for streams shall be provided as described in zoning ordinance section 58-338, "Setbacks from streams".

(12)

Applicants proposing new development within the downtown overlay district (section 58-272) may propose an alternative stormwater management plan, provided the proposal includes a regional stormwater management pond that serves a development area of nine acres or more. At a minimum, the proposed plan must detain peak stormwater runoff for the 2-year, 10-year, and 25-year, 6-hour storms, and provide 0.5 feet of freeboard during the 50 and 100-year storm events. The regional stormwater pond must be approved by the town council in accordance with the conditional zoning approval process described in section 58-271.

(Ord. No. O-2014-14, 11-10-2014; Ord. No. O-2015-08, 6-8-2015)