Stormwater Agreement Process
Process Description:
This process provides assistance for those submitting documents for Stormwater
Agreement Document Review. In addition to this content, clients are encouraged to become familiar with the City Code governing the Stormwater Agreement Process.
According to section 10-9027(b) of the City Code, a Maintenance Covenant is required for off-site stormwater control facilities. Please reference City Code section 10-9027(b) for more information regarding this requirement.
Section 10-9027(c) of the City Code requires a Stormwater Agreement for all stormwater control facilities which are to be or are owned and maintained by a property owner's association or similar entity. The parties to the Stormwater Agreement shall be the developer, the association, and the City. Please reference City Code section 10-9027(c) for more information regarding this requirement and the associated replacement fund requirements.
In addition to the two requirements shown above, part 10 of the City Code contains a variety of requirements that obligate property owners to establish certain covenants that run with land developed within the City limits. While the property owner is ultimately responsible for ensuring compliance with all applicable requirements of the City Code, the City Code Covenant has been provided to facilitate requirement with many of these obligations of the City Code.
Are there any prerequisites to this process?
Stormwater maintenance manual must be approved prior to submission of stormwater agreement documents.
Infrastructure construction plans must be submitted and the blue line paper copies must be approved prior to submission of stormwater agreement documents. Do not submit stormwater agreement documents until notified by city staff.
How do I start the process?
After the stormwater maintenance manual and the blue line paper copies of the Infrastructure Construction Plans have been approved, clients will be instructed in writing by city staff to send the following applicable items via e-mail to: Stormwater.Review@ci.raleigh.nc.us.
What do I need to submit to the City?
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Standard Submittal Package
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Where can I find detailed information regarding submittals?
Detailed instructions are provided at the top of each form. See Standard Submittal Package above.
Where do I bring my submittal package?
*Documents should be submitted electronically via email to: Stormwater.Review@ci.raleigh.nc.us
Review Staff location
Office: City of Raleigh
Department: Planning
Division: Current Planning
Address: One Exchange Plaza, Suite 304, Raleigh, NC 27601
Adjacent to: 219 Fayetteville Street
Phone #: (919) 516-2630
Hours: 8:00 a.m. to 3:30 p.m.
What happens after I submit documentation?
- City staff triage the Infrastructure Construction Plans (ICP) and stormwater maintenance manual within two (2) business days to determine acceptance
- After being accepted for review, an assigned City Stormwater plan reviewer will review the ICP and Stormwater Maintenance Manual
- In addition to the redlined plans, the stormwater reviewer will provide written comments for stormwater related issues only to the engineer/client reviewer
- Upon notification that the maintenance manual is approved, the following steps shall occur in the order described:
- Submit Standard Submittal package noted above to the e-mail account, Stormwater.Review@ci.raleigh.nc.us
- Submit mylars for infrastructure construction plans for approval signature
- Comments on legal documents are sent to the client’s contact person within ten (10) business days of e-mail submission. The comments shall include the required revisions with a requirement that the preliminary plat for recording must be submitted to the Planning Department for review.
- Once all issues are addressed for the required stormwater documents and the preliminary plat, the applicant shall submit the following to the Planning Department:
a. A signed approved copy of the Stormwater Maintenance Covenant (declarant and owner of land/certification and attorney certification)
b. A signed approved copy of the Stormwater Agreement (owner of property and City certification and the owner’s association responsible for maintenance) with the initial 15% and first year’s payment
c. Preliminary plat mylar
d. The above documents (a and b) are required to be submitted to the Planning Department on the same day
- The Planning Coordinator shall notify the Stormwater Business Services division to pick up the check and agreement for routing to the City Manager and City Clerk for signature
- After signing, the executed document is picked up by Stormwater Business Services and provided to the Planning department coordinator. The executed agreement is given to the applicant’s contact person by the Coordinator. Entry is made in IRIS that agreement has been approved
- The mylars for map recording are signed by the reviewer in the Planning Department
- Mylars and Stormwater documents (map, Stormwater Maintenance Covenant, City Code Covenants and Stormwater Agreement) are recorded by the applicant.
- Copies of all agreement documents are returned to the Planning coordinator within 14 days after map recording. If required copies of recorded legal documents with a post recording attorney’s certification are not returned to the Planning Department, subdivision lots and addresses will not be entered into the City parcel management system, resulting in the inability for the property owner or client to apply for any permits associated with a lot
- Planning assistant will file the deed/book page for legal documents
What are the keys to success?
- Use email form submission to facilitate faster review
- City Code (Part 10 Section 10-9027) requires use of the City template forms. The submitted forms are reviewed administratively by City staff.
- Must have confirmation that the Stormwater maintenance manual has been approved by the stormwater division
- Submit the correct type and number of documents based on the development plan type
- Include a copy of the preliminary map for recording. Would prefer an electronic copy to be submitted at the same time as the Stormwater manual
- Make sure that all forms are complete and accurate
What fees are involved and when do I pay them?
- There is no fee required for Stormwater Agreement document review
- To create a Stormwater Replacement Fund, an initial 15% and first year’s payment are due to the Planning Department after all required stormwater documents and the preliminary map is submitted. This should not be done until legal document approval is complete. See Recorded Maps process
How long will this process take?
Upon acceptance, Infrastructure Construction Plan mylars are routed and signed within ten (10) business days. During this time, staff comments regarding the Maintenance Covenant, City Code Covenant and Stormwater Agreement will be sent electronically to the client’s contact person via email.
For More Information Contact:
Jacque Baker
Planner II
Planning Department
One Exchange Plaza, Suite 304
Raleigh, NC 27602
919-516-2630
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