Common use of Watershed Protection District Clause in Contracts

Watershed Protection District. Construction at the Property shall comply with Section 3.6.4 of the LUMO, as of the Effective Date and all applicable State regulations, as amended. In addition to the design criteria specified in this Agreement, the Stormwater Management Plan and Report shall show that the Property will comply with applicable NPDES permit requirement and all applicable Federal and State rules. Upon completion of the construction and prior to issuance of the certificate of occupancy associated with each Development Agreement Compliance Permit, the Developer Owners, Parcel Owners or Representative shall provide to the Town of Chapel Hill, the following: A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the Orange County Register of Deeds, showing the “Stormwater Facility Easement(s)”, the stormwater management facility(ies), and the maintenance access locations. For purposes of maintenance, the maintenance access must be shown on the exhibit and extend from the “Stormwater Facility Easement” to the nearest public right-of-way (ROW). The following notes must be included on the recorded final plat or easement exhibit. All engineered stormwater management control, treatment, and conveyance structures located on or below the ground shall be wholly contained within an easement entitled: “Reserved Stormwater Facility Easement Hereby Dedicated” and shall be reserved from any Development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. The Reserved Stormwater Facility Easement(s) and the facilities it/they protect are considered to be private, with the sole responsibility of the Developer Owners and/or Parcel Owners to provide for all required maintenance and operations as approved by the Town Manager. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the Developer Owners and/or Parcel Owners. A copy of the recorded maintenance covenant (“Operations and Maintenance Plan”), signed by the Developer Owners and Parcel Owners, if any, and recorded by the Orange County Register of Deeds, for the stormwater management facility(ies). The Operations and Maintenance Plan must include a description of the device(s) or structure(s), an inspections checklist, and operating and maintenance procedures. The plan should identify contact information, who will perform the inspections, frequency of inspections, inspections and maintenance logs, any specific equipment needs or certifications (e.g., confined space certification), action levels or thresholds (e.g., remove sediment after depth exceeds one foot), and disposal methods. Certified as-built plans, signed and sealed by a North Carolina-registered Professional Land Surveyor, showing building footprints, driveways, all other impervious surfaces, stormwater drainage/conveyance piping, and stormwater management structures. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88. Certification, signed and sealed by a North Carolina-registered Professional Engineer, that the stormwater management facility(ies) was/were constructed in accordance with the approved plans and specifications. Maintenance bond or other surety instrument satisfactory to the Town Manager, in an amount equal to one hundred twenty-five (125) percent of the construction cost of each stormwater management facility to assure maintenance, repair, or reconstruction necessary for adequate performance of the stormwater management facility or establish a stormwater maintenance (sinking fund) budget and escrow account in accordance with the requirements of Section 5.19 of the Land Use Management Ordinance. Subject to approval by the Town Manager’s designee and an encroachment agreement with the Town, only conveyance of stormwater appurtenant to site stormwater management facilities may be located in any street rights-of-way maintained by the Town. Retention, detention, and water quality treatment to meet site stormwater regulations are prohibited within the public right-of-way. All stormwater runoff from the developed Property will be detained and treated prior to entering or crossing the RCD Managed Zone or Stream Zone. No stormwater from the west side of Xxxxxx Creek will be diverted to the Xxxxxx Creek Preserve Restoration Area for treatment. Monitoring of Xxxxxx Creek will be conducted throughout the Xxxxxx Creek Preserve for the purpose of documenting any changes (or lack thereof) in geomorphology and instream sediment and erosion conditions on Xxxxxx Creek. The monitoring will utilize three cross-section locations. The most upstream cross-section will act as a “control” for the other two cross-sections to detect whether changes in those cross-sections are due to local conditions or wider watershed conditions. Additionally, the monitoring and cross-sections will comply with the following criteria: Three 5-year stream cross-sections will be located on Xxxxxx Creek at the following locations: North of the southernmost boundary of the Property and north of the road culvert to be replaced; South of the northernmost boundary of the Property; At an intermediate point between the two locations identified above in (a) and (b). The monitoring stations will be located at xxxxxx areas; if suitable riffles are not available near to the aforementioned points, stations will be located at runs. Both ends of the cross-sections should be semi-permanently marked such that these ends can be easily found each year. Cross-section endpoints should be located at the far edges of the floodplain or lowest terrace. Cross-section surveys should measure bank and bed elevations at no greater than a one-foot interval apart in the bank and channel areas (including high banks above natural bankfull) in order to capture fine-scale changes in the channel. Measurement locations above the high bank can be made at breakpoints as available. A pebble count should be conducted at each cross-section at the time of monitoring. If materials are too fine, a sieve analysis should be done. Photographs should be taken at each cross-section end at the time of monitoring, including a minimum of one facing upstream and one facing downstream on each bank. Three additional semi-permanently-marked photography points should be established downstream of the points where treated stormwater would enter Xxxxxx Creek. These points should be placed such that upstream shots capture the confluence area. The Property will be designed to incorporate the following Low-Impact Development (LID) practices in order to provide stormwater infiltration and facilitate stormwater reuse. These LID practices are supplemental to the to the design criteria requirements of [OBEY CREEK: Check reference - Section 5.3.c], and are stipulated to provide stormwater mitigation results beyond the current Town of Chapel Hill stormwater treatment requirement. Tree planter/infiltration zones will be located along all internal streets where planted within 12’ or wider sidewalks. These zones shall be designed to capture and route excess stormwater runoff through permeable soils and will provide additional water detention and filtration beyond that required by current standards. A minimum of 125 tree planter/infiltration zones, each with a minimum of 300 CF of free soil or structural soil, will provide for infiltration equal to or exceeding 5% of the sidewalk areas in which they are located. Tree planter/infiltration zones may utilize any combination of tree grates, areas of free soil open to the air, or areas of suspended permeable pavers. Impervious sidewalk pavement suspended over free soil may also be used provided it is designed to accept the requisite volume of stormwater for which it is intended. The design for the tree planter/infiltration zones will include an underdrain to keep the soils from becoming oversaturated. A minimum level of soil permeability of 2 inches/hour and an average minimum capture area of 300 SF will be treated through these zones (e.g. Assuming a soil depth of 3 feet, and a permeable soil surface area of 100 SF, a total of 300 SF of treated area is provided. A total treated area of 37,500 SF is provided in this case (300 SF x 125 EA)). Level spreaders and vegetated filter strips will be incorporated into the final stormwater management design in order to reduce the bypass and increase infiltration at each storm water outlet. Preliminary design analysis indicates four locations will be needed to balance dispersion objectives and to minimize impact to the RCD. Designs shall provide for increased performance over baseline standards by spreading the runoff from at least the first 2 inches of rainfall on the site (as compared to the standard of the first inch of rainfall as is normal from the discharge of a stormwater facility). This would provide effective pollutant removal and infiltration for approximately 95% of all rainfall events. Regenerative Conveyances - will be incorporated in the final designs provided site conditions within the RCD are suitable for their use. A site analysis will be provided as a part of the preliminary design for evaluation by Town Staff. Regenerative conveyances will be used where practical to provide conveyance from the site stormwater discharge points to Xxxxxx Creek. High efficiency irrigation which utilizes captured stormwater or other non-potable reclaimed water (e.g. OWASA reclaimed water) for primary irrigation needs will be provided. Irrigation storage capacity will be provided in addition to that required for detention of the design storm. Storage volumes will be provided during final design once plant species and areas are able to be quantified. A minimum excess storage capacity of [OBEY CREEK: Insert capacity of stormwater reuse here] cf will be provided.

Watershed Protection District. Construction at the Property shall comply with Section 3.6.4 of the LUMO, as of the Effective Date and all applicable State regulations, as amended. In addition to the design criteria specified in this Agreement, the Stormwater Management Plan and Report shall show that the Property will comply with applicable NPDES permit requirement and all applicable Federal and State rules. Upon completion of the construction and prior to issuance of the certificate of occupancy associated with each Development Agreement Compliance Permit, the Developer Owners, Parcel Owners or Representative shall provide to the Town of Chapel Hill, the following: A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the Orange County Register of Deeds, showing the “Stormwater Facility Easement(s)”, the stormwater management facility(ies), and the maintenance access locations. For purposes of maintenance, the maintenance access must be shown on the exhibit and extend from the “Stormwater Facility Easement” to the nearest public right-of-way (ROW). The following notes must be included on the recorded final plat or easement exhibit. All engineered stormwater management control, treatment, and conveyance structures located on or below the ground shall be wholly contained within an easement entitled: “Reserved Stormwater Facility Easement Hereby Dedicated” and shall be reserved from any Development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. The Reserved Stormwater Facility Easement(s) and the facilities it/they protect are considered to be private, with the sole responsibility of the Developer Owners and/or Parcel Owners to provide for all required maintenance and operations as approved by the Town Manager. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the Developer Owners and/or Parcel Owners. A copy of the recorded maintenance covenant (“Operations and Maintenance Plan”), signed by the Developer Owners and Parcel Owners, if any, and recorded by the Orange County Register of Deeds, for the stormwater management facility(ies). The Operations and Maintenance Plan must include a description of the device(s) or structure(s), an inspections checklist, and operating and maintenance procedures. The plan should shall identify contact information, who will perform the inspections, frequency of inspections, inspections and maintenance logs, any specific equipment needs or certifications (e.g., confined space certification), action levels or thresholds (e.g., remove sediment after depth exceeds one foot), and disposal methods. Certified as-built plans, signed and sealed by a North Carolina-registered Professional Land Surveyor, showing building footprints, driveways, all other impervious surfaces, stormwater drainage/conveyance piping, and stormwater management structures. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88. Certification, signed and sealed by a North Carolina-registered Professional Engineer, that the stormwater management facility(ies) was/were constructed in accordance with the approved plans and specifications. Maintenance bond or other surety instrument satisfactory to the Town Manager, in an amount equal to one hundred twenty-five (125) percent of the construction cost of each stormwater management facility to assure maintenance, repair, or reconstruction necessary for adequate performance of the stormwater management facility or establish a stormwater maintenance (sinking fund) budget and escrow account in accordance with the requirements of Section 5.19 of the Land Use Management Ordinance. Subject to approval by the Town Manager’s designee and an encroachment agreement with the Town, only conveyance of stormwater appurtenant to site stormwater management facilities may be located in any street rights-of-way maintained by the Town. Retention, detention, and water quality treatment to meet site stormwater regulations are prohibited within the public right-of-way. All stormwater runoff from the developed Developed Property will be detained and treated prior to entering or crossing the RCD Managed Zone or Stream Zone. No stormwater from the west side of Xxxxxx Creek will be diverted to the Xxxxxx Creek Preserve Restoration Area for treatment. Monitoring of Xxxxxx Creek will be conducted throughout the Xxxxxx Creek Preserve for the purpose of documenting any changes (or lack thereof) in geomorphology and instream sediment and erosion conditions on Xxxxxx Creek. The monitoring will utilize three cross-section locations. The most upstream cross-section will act as a “control” for the other two cross-sections to detect whether changes in those cross-sections are due to local conditions or wider watershed conditions. Additionally, the monitoring and cross-sections will comply with the following criteria: Three 5-year stream cross-sections will be located on Xxxxxx Creek at the following locations: North of the southernmost boundary of the Property and north of the road culvert to be replaced; South of the northernmost boundary of the Property; At an intermediate point between the two locations identified above in (a) and (b). The monitoring stations will be located at xxxxxx areas; if suitable riffles are not available near to the aforementioned points, stations will be located at runs. Both ends of the cross-sections should shall be semi-permanently marked such that these ends can be easily found each year. Cross-section endpoints should shall be located at the far edges of the floodplain or lowest terrace. Cross-section surveys should shall measure bank and bed elevations at no greater than a one-foot interval apart in the bank and channel areas (including high banks above natural bankfull) in order to capture fine-scale changes in the channel. Measurement locations above the high bank can be made at breakpoints as available. A pebble count should shall be conducted at each cross-section at the time of monitoring. If materials are too fine, a sieve analysis should shall be done. Photographs should shall be taken at each cross-section end at the time of monitoring, including a minimum of one facing upstream and one facing downstream on each bank. Three additional semi-permanently-marked photography points should shall be established downstream of the points where treated stormwater would enter Xxxxxx Creek. These points should shall be placed such that upstream shots capture the confluence area. The Developed Property will be designed to incorporate the following Low-Impact Development (LID) practices in order to provide stormwater infiltration and facilitate stormwater reuse. These LID practices are supplemental to the to the design criteria requirements of [OBEY CREEK: Check reference - Section 5.3.c]5.3(c), and are stipulated to provide stormwater mitigation results beyond the current Town of Chapel Hill stormwater treatment requirement. Tree planter/infiltration zones will be located along all internal streets where planted within 12’ or wider sidewalks. These zones shall be designed to capture and route excess stormwater runoff through permeable soils and will provide additional water detention and filtration beyond that required by current standards. A minimum of 125 tree planter/infiltration zones, each with a minimum of 300 CF of free soil or structural soil, will provide for infiltration equal to or exceeding 5% of the sidewalk areas in which they are located. Tree planter/infiltration zones may utilize any combination of tree grates, areas of free soil open to the air, or areas of suspended permeable pavers. Impervious sidewalk pavement suspended over free soil may also be used provided it is designed to accept the requisite volume of stormwater for which it is intended. The design for the tree planter/infiltration zones will include an underdrain to keep the soils from becoming oversaturated. A minimum level of soil permeability of 2 inches/hour and an average minimum capture area of 300 SF will be treated through these zones (e.g. Assuming a soil depth of 3 feet, and a permeable soil surface area of 100 SF, a total of 300 SF of treated area is provided. A total treated area of 37,500 SF is provided in this case (300 SF x 125 EA)). Level spreaders and vegetated filter strips will be incorporated into the final stormwater management design in order to reduce the bypass and increase infiltration at each storm water outlet. Preliminary design analysis indicates four locations will be needed to balance dispersion objectives and to minimize impact to the RCD. Designs shall provide for increased performance over baseline standards by spreading the runoff from at least the first 2 inches of rainfall on the site (as compared to the standard of the first inch of rainfall as is normal from the discharge of a stormwater facility). This would provide effective pollutant removal and infiltration for approximately 95% of all rainfall events. Regenerative Conveyances - will be incorporated in the final designs provided site conditions within the RCD are suitable for their use. A site analysis will be provided as a part of the preliminary design for evaluation by Town Staff. Regenerative conveyances will be used where practical to provide conveyance from the site stormwater discharge points to Xxxxxx Creek. High efficiency irrigation which utilizes captured stormwater or other non-potable reclaimed water (e.g. OWASA reclaimed water) for primary irrigation needs will be provided. Irrigation storage capacity will be provided in addition to that required for detention of the design storm. Storage volumes will be provided during final design once plant species and areas are able to be quantified. A minimum excess storage capacity of [OBEY CREEK: Insert capacity of stormwater reuse here] cf will be provided.. Transportation – Updated information (April 30, 2015)

Watershed Protection District. Construction at the Property shall comply with Section 3.6.4 of the LUMO, as of the Effective Date and all applicable State regulations, as amended. In addition to the design criteria specified in this Agreementagreement, the Stormwater Management Plan and Report shall show that the Property will comply with applicable NPDES permit requirement and all applicable Federal and State rules. Upon completion of the construction and prior to issuance of the certificate of occupancy associated with each Development Agreement Compliance Permit, the Developer Owners, Parcel Owners or Representative shall provide to the Town of Chapel Hill, the following: A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the Orange County Register of Deeds, showing the “Stormwater Facility Easement(s)”, the stormwater management facility(ies), and the maintenance access locations. For purposes of maintenance, the maintenance access must be shown on the exhibit and extend from the “Stormwater Facility Easement” to the nearest public right-of-way (ROW). The following notes must be included on the recorded final plat or easement exhibit. All engineered stormwater management control, treatment, and conveyance structures located on or below the ground shall be wholly contained within an easement entitled: “Reserved Stormwater Facility Easement Hereby Dedicated” and shall be reserved from any Development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. The Reserved Stormwater Facility Easement(s) and the facilities it/they protect are considered to be private, with the sole responsibility of the Developer Owners and/or Parcel Owners to provide for all required maintenance and operations as approved by the Town Manager. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the Developer Owners and/or Parcel Owners. A copy of the recorded maintenance covenant (“Operations and Maintenance Plan”), signed by the Developer Owners and Parcel Owners, if any, and recorded by the Orange County Register of Deeds, for the stormwater management facility(ies). The Operations and Maintenance Plan must include a description of the device(s) or structure(s), an inspections checklist, and operating and maintenance procedures. The plan should identify contact information, who will perform the inspections, frequency of inspections, inspections and maintenance logs, any specific equipment needs or certifications (e.g., confined space certification), action levels or thresholds (e.g., remove sediment after depth exceeds one foot), and disposal methods. Certified as-built plans, signed and sealed by a North Carolina-registered Professional Land Surveyor, showing building footprints, driveways, all other impervious surfaces, stormwater drainage/conveyance piping, and stormwater management structures. The as-built plans should be in DXF binary format using State plane coordinates and NAVD 88. Certification, signed and sealed by a North Carolina-registered Professional Engineer, that the stormwater management facility(ies) was/were constructed in accordance with the approved plans and specifications. Maintenance bond or other surety instrument satisfactory to the Town Manager, in an amount equal to one hundred twenty-five (125) percent of the construction cost of each stormwater management facility to assure maintenance, repair, or reconstruction necessary for adequate performance of the stormwater management facility or establish a stormwater maintenance (sinking fund) budget and escrow account in accordance with the requirements of Section 5.19 of the Land Use Management Ordinance. Subject to approval by the Town Manager’s designee and an encroachment agreement with the Town, only conveyance of stormwater appurtenant to site stormwater management facilities may be located in any street rights-of-way maintained by the Town. Retention, detention, and water quality treatment to meet site stormwater regulations are prohibited within the public right-of-way. All stormwater runoff from the developed Property will be detained and treated prior to entering or crossing the RCD Managed Zone or Stream Zone. No stormwater from the west side of Xxxxxx Creek will be diverted to the Xxxxxx Creek Preserve Restoration Area for treatment. Monitoring of Xxxxxx Creek will be conducted throughout the Xxxxxx Creek Preserve for the purpose of documenting any changes (or lack thereof) in geomorphology and instream sediment and erosion conditions on Xxxxxx Creek. The monitoring will utilize three cross-section locations. The most upstream cross-section will act as a “control” for the other two cross-sections to detect whether changes in those cross-sections are due to local conditions or wider watershed conditions. Additionally, the monitoring and cross-sections will comply with the following criteria: Three 5-year stream cross-sections will be located on Xxxxxx Creek at the following locations: ; see Exhibit I for the location. North of the southernmost boundary of the Property and north of the road culvert to be replaced; South of the northernmost boundary of the Property; At an intermediate point between the two locations identified above in (a) and (b). The These monitoring stations will be located at xxxxxx areas; if suitable riffles are not available near to the aforementioned points, stations will be located at runs. Both ends of the cross-sections should be semi-permanently marked such that these ends can be easily found each year. Cross-section endpoints should be located at the far edges of the floodplain or lowest terrace. Cross-section surveys should measure bank and bed elevations at no greater than a one-foot interval apart in the bank and channel areas (including high banks above natural bankfull) in order to capture fine-scale changes in the channel. Measurement locations above the high bank can be made at breakpoints as available. A pebble count should be conducted at each cross-section at the time of monitoring. If materials are too fine, a sieve analysis should be done. Photographs should be taken at each cross-section end at the time of monitoring, including a minimum of one facing upstream and one facing downstream on each bank. Three additional semi-permanently-marked photography points should be established downstream of the points where treated stormwater would enter Xxxxxx Creek. These points should be placed such that upstream shots capture the confluence area. The Property will be designed to incorporate the following Low-Impact Development (LID) practices in order to provide stormwater infiltration and facilitate stormwater reuse. These LID practices are supplemental to the to the design criteria requirements of [OBEY CREEK: Check reference - Section 5.3.c], and are stipulated to provide stormwater mitigation results beyond the current Town of Chapel Hill stormwater treatment requirement. Tree planter/infiltration zones will be located along all internal streets where planted within 12’ or wider sidewalks. These zones shall be designed to capture and route excess stormwater runoff through permeable soils and will provide additional water detention and filtration beyond that required by current standards. A minimum of 125 tree planter/infiltration zones, each with a minimum of 300 CF of free soil or structural soil, will provide for infiltration equal to or exceeding 5% of the sidewalk areas in which they are located. Tree planter/infiltration zones may utilize any combination of tree grates, areas of free soil open to the air, or areas of suspended permeable pavers. Impervious sidewalk pavement suspended over free soil may also be used provided it is designed to accept the requisite volume of stormwater for which it is intended. The design for the tree planter/infiltration zones will include an underdrain to keep the soils from becoming oversaturated. A minimum level of soil permeability of 2 inches/hour and an average minimum capture area of 300 SF will be treated through these zones (e.g. Assuming a soil depth of 3 feet, and a permeable soil surface area of 100 SF, a total of 300 SF of treated area is provided. A total treated area of 37,500 SF is provided in this case (300 SF x 125 EA)). Level spreaders and vegetated filter strips will be incorporated into the final stormwater management design in order to reduce the bypass and increase infiltration at each storm water outlet. Preliminary design analysis indicates four locations will be needed to balance dispersion objectives and to minimize impact to the RCD. Designs shall provide for increased performance over baseline standards by spreading the runoff from at least the first 2 inches of rainfall on the site (as compared to the standard of the first inch of rainfall as is normal from the discharge of a stormwater facility). This would provide effective pollutant removal and infiltration for approximately 95% of all rainfall events. Regenerative Conveyances - will be incorporated in the final designs provided site conditions within the RCD are suitable for their use. A site analysis will be provided as a part of the preliminary design for evaluation by Town Staff. Regenerative conveyances will be used where practical to provide conveyance from the site stormwater discharge points to Xxxxxx Creek. High efficiency irrigation which utilizes captured stormwater or other non-potable reclaimed water (e.g. OWASA reclaimed water) for primary irrigation needs will be provided. Irrigation storage capacity will be provided in addition to that required for detention of the design storm. Storage volumes will be provided during final design once plant species and areas are able to be quantified. A minimum excess storage capacity of [OBEY CREEK: Insert capacity of stormwater reuse here] cf will be provided.

Watershed Protection District. Construction at the Property shall comply with Section 3.6.4 of the LUMO, as of the Effective Date and all applicable State regulations, as amended. In addition to the design criteria specified in this Agreement, the Stormwater Management Plan and Report shall show that the Property will comply with the Low Impact Development practices specified in Section 5.3(j) of this Agreement. Additionally, the Stormwater Management Plan and Report and the Developed Property must comply with the applicable NPDES permit requirement requirements and all applicable Federal and State and local stormwater and environmental rules. Upon completion of the construction of stormwater management facilities for any sub-basin identified in the Stormwater Management Plan and prior to issuance of the a certificate of occupancy associated with each Development Agreement Compliance Permitfor the first building completed within that sub-basin, the Developer Owners, Parcel Owners or Representative shall provide to the Town of Chapel Hill, the following: A copy of the final plat or easement exhibit, signed and sealed by a North Carolina-registered Land Surveyor and recorded by the Orange County Register of Deeds, showing the “Stormwater Facility Easement(s)”, the stormwater management facility(ies), and the maintenance access locations. For purposes of maintenance, the maintenance access must be shown on the exhibit and extend from the “Stormwater Facility Easement” to the nearest public right-of-way (ROW)way. The following notes must be included on the recorded final plat or easement exhibit. All engineered stormwater management control, treatment, and conveyance structures located on or below the ground shall be wholly contained within an easement entitled: “Reserved Stormwater Facility Easement Hereby Dedicated” and shall be reserved from any Development which would obstruct or constrict the effective management, control, and conveyance of stormwater from or across the property, other than the approved design and operation functions. The Reserved Stormwater Facility Easement(s) and the facilities it/they protect are considered to be private, with the sole responsibility of the Developer Owners and/or Parcel Owners to provide for all required maintenance and operations as approved by the Town Manager. The Reserved Stormwater Facility Easement and the Operations and Maintenance Plan are binding on the Developer Owners and/or Parcel Owners. A copy of the recorded maintenance covenant (“Operations and Maintenance Plan”), signed by the Developer Owners and Parcel Owners, if any, and recorded by the Orange County Register of Deeds, for the stormwater management facility(ies). The Operations and Maintenance Plan must include a description of the device(s) or structure(s), an inspections checklist, and operating and maintenance procedures. The plan should shall identify contact information, who will perform the inspections, frequency of inspections, inspections and maintenance logs, any specific equipment needs or certifications (e.g., confined space certification), action levels or thresholds (e.g., remove sediment after depth exceeds one foot), and disposal methods. Certified as-built plans, signed and sealed by a North Carolina-registered Professional Land Surveyor, showing building footprints, driveways, all other impervious surfaces, stormwater drainage/conveyance piping, and stormwater management structures. The as-built plans should shall be in DXF binary format using State plane coordinates and NAVD 88. Certification, signed and sealed by a North Carolina-registered Professional Engineer, that the stormwater management facility(ies) was/were constructed in accordance with the approved plans and specifications. Maintenance bond or other surety instrument satisfactory to the Town Manager, in an amount equal to one hundred twenty-five (125) percent of the construction cost of each stormwater management facility to assure maintenance, repair, or reconstruction necessary for adequate performance of the stormwater management facility or establish a stormwater maintenance (sinking fund) budget and escrow account in accordance with the requirements of Section 5.19 of the Land Use Management Ordinance. Subject to approval by the Town Manager’s designee and an encroachment agreement with the Town, only conveyance of stormwater appurtenant to site stormwater management facilities may be located in any street rightsright-of-way maintained by the Town. Retention, detention, and water quality treatment to meet site stormwater regulations are prohibited within the public right-of-way. All stormwater runoff from the developed Property will be detained and treated prior to entering or crossing the RCD Managed Zone or Stream Zone. No stormwater from the west side of Xxxxxx Creek will be diverted to the east side of Xxxxxx Creek. Stormwater treatment facilities may be constructed in Xxxxxx Creek Preserve Restoration Area only for treatmenttreatment of stormwater runoff generated from approved uses in the Preserve. Monitoring of Xxxxxx Creek will be conducted throughout the Xxxxxx Creek Preserve for the purpose of documenting any changes (or lack thereof) in geomorphology and instream in-stream sediment and erosion conditions on Xxxxxx Creek. Initial measurements shall be taken prior to any land clearing. Once Development begins, monitoring should occur annually at the same time each year and shall continue for five (5) years after construction is complete. The Developer Owner or Representative shall pay for the monitoring of Xxxxxx Creek. Geomorphic monitoring of Xxxxxx Creek will be conducted throughout the Xxxxxx Creek Preserve for the purpose of documenting any changes (or lack thereof) in geomorphology and in-stream sediment and erosion conditions on Xxxxxx Creek. Initial measurements shall be taken previous to the occurrence of any land clearing. Once Development begins, monitoring should occur annually at the same time each year and shall continue for five (5) years after construction is complete. The monitoring will utilize three cross-section locations. The most upstream cross-section will act as a “control” for the other two cross-sections to detect whether changes in those cross-sections are due to local conditions or wider watershed conditions. Additionally, the monitoring and cross-sections will comply with the following criteria: Three 5-year stream cross-sections will be located on Xxxxxx Creek at the following locations: North of the southernmost boundary of the Property and north of the road culvert to be replaced; South of the northernmost boundary of the Property; At an intermediate point between the two locations identified above in (a) and (b). The monitoring stations will be located at xxxxxx areas; if suitable riffles are not available near to the aforementioned points, stations will be located at runs. Both ends of the cross-sections should shall be semi-permanently marked such that these ends can be easily found each year. Cross-section endpoints should shall be located at the far edges of the floodplain or lowest terrace. Cross-section surveys should shall measure bank and bed elevations at no greater than a one-foot interval apart in the bank and channel areas (including high banks above natural bankfull) in order to capture fine-scale changes in the channel. Measurement locations above the high bank can be made at breakpoints as available. A pebble count should shall be conducted at each cross-section at the time of monitoring. If materials are too fine, a sieve analysis should shall be done. Photographs should shall be taken at each cross-section end at the time of monitoring, including a minimum of one facing upstream and one facing downstream on each bank. Three additional semi-permanently-marked photography points should shall be established downstream of the points where treated stormwater would enter Xxxxxx Creek. These points should shall be placed such that upstream shots capture the confluence area. Ecological monitoring of Xxxxxx Creek and its major tributary in the Xxxxxx Creek Preserve will be conducted for the purpose of documenting any changes (or lack thereof) in benthic community composition and abundance. An initial assessment in early 2016, and a final assessment five years (or at an alternate time determined by Town staff) after completion of construction, will be conducted at two sites – one on Xxxxxx Creek and another on the major eastern tributary in Xxxxxx Creek Preserve. The assessments will be conducted by Town staff or assigns using DENR biological protocols in coordination with other biological monitoring conducted by the Town. Prior to issuance of the first Development Agreement Compliance Permit the Developer shall submit a $2,000 payment-in-lieu to cover the total cost of sampling and organism identification for the two sites and two sampling times. A summary of monitoring activities should be included in each Annual Report. The Developed Property will be designed to incorporate the following Low-Impact Development (LID) practices in order to provide stormwater infiltration and facilitate stormwater reuse. These LID practices are supplemental to the to the design criteria requirements of [OBEY CREEK: Check reference - Section 5.3.c]5.3(c), and are stipulated to provide stormwater mitigation results beyond the current Town of Chapel Hill stormwater treatment requirement. Tree planter/infiltration zones will be located along all internal streets where planted within 12’ or wider sidewalks. These zones shall be designed to capture and route excess stormwater runoff through permeable soils and will provide additional water detention and filtration beyond that required by current standards. A minimum of 125 tree planter/infiltration zones, each with a minimum of 300 CF cubic feet (CF) of free soil or structural soil, will provide for infiltration equal to or exceeding 5% of the sidewalk areas in which they are located. Tree planter/infiltration zones may utilize any combination of tree grates, areas of free soil open to the air, or areas of suspended permeable pavers. Impervious sidewalk pavement suspended over free soil may also be used provided it is designed to accept the requisite volume of stormwater for which it is intended. The design for the tree planter/infiltration zones will include an underdrain to keep the soils from becoming oversaturated. A The soil will have a minimum level of soil permeability of 2 inches/hour and an average minimum capture area of 300 SF will be treated through these zones (e.g. Assuming a soil depth of 3 feet, and a permeable soil surface area of 100 SF, a total of 300 SF of treated area is provided. A total treated area of 37,500 SF is provided in this case (300 SF x 125 EA))hour. Level spreaders and vegetated filter strips will be incorporated into the final stormwater management design in order to reduce the bypass and increase infiltration at each storm water outlet. Preliminary design analysis indicates four locations will be needed to balance dispersion objectives and to minimize impact to the RCD. Designs shall provide for increased performance over baseline standards by spreading the runoff from at least the first 2 inches of rainfall on the site (as compared to the standard of the first inch of rainfall as is normal from the discharge of a stormwater facility). This would provide effective pollutant removal and infiltration for approximately 95% of all rainfall events. Regenerative Conveyances - will be incorporated in the final designs provided site conditions within the RCD are suitable for their use. A site analysis will be provided as a part of the preliminary design for evaluation by Town Staff. Regenerative conveyances will be used where practical to provide conveyance from the site stormwater discharge points to Xxxxxx Creek. High efficiency irrigation which utilizes captured stormwater or other non-potable reclaimed water (e.g. OWASA Orange Water and Sewer Authority (OWASA) reclaimed water) for primary irrigation needs will be provided. Irrigation storage capacity will be provided in addition to that required for detention of the design storm. Storage volumes will be provided during final design once plant species and areas are able to be quantified. A minimum excess storage capacity of [OBEY CREEK: Insert capacity of stormwater reuse here] cf will be provided.