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Reservoir Watershed Protection Impoundment Maintenance, Procedures for Using Town Funds for

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POLICY STATEMENT 106

PROCEDURES FOR USING TOWN FUNDS FOR RESERVOIR WATERSHED PROTECTION IMPOUNDMENT MAINTENANCE

Prepared by:                              Lori Cove, Associate Director of Engineering

Adopted by Council:                 12/19/13

Supersedes:                               7/27/95

Effective:                                    1/1/14

PURPOSE:

To adopt an official policy of the Town of Cary which outlines situations and procedures for which Town funds may be used for reservoir watershed protection impoundment maintenance and repair.

COVERAGE:

This policy, upon adoption by the Town Council, shall outline when and how the Town of Cary may use Town funds for the maintenance of reservoir watershed protection impoundments. This policy shall not apply to impoundments constructed prior to July 1993 or impoundments outside of the Reservoir Watershed Protection District.

POLICY:

1.       The ownership and maintenance responsibility for stormwater control structures shall be with the property owner.

2.       “Stormwater control structure” shall mean the stormwater impoundment, its drainage structure(s), all associated berms, maintenance and access easements, and related appurtenances.

3.       The expenditure of funds by the Town to perform maintenance or repair activity shall only occur after exhausting all other reasonable remedies seeking the owner to comply with the terms and conditions of the Operation and Maintenance Agreement, Operation and Maintenance manual, statutes, rules, regulations, and the Cary Code of Ordinances.

4.       In order to allocate funds for maintenance of impoundments whose owner(s) have defaulted on their maintenance obligation, staff will follow one of the following courses of action:

a.   Submit to the Town Manager as a part of a capital improvements budget an estimate of the cost of repairs needed to bring a structure into compliance.

b.  If an impoundment or other required structure is in immediate need of repair and those repairs cannot be delayed until the next budget year, staff will present a report at the next available Town Council meeting requesting that the Town Council appropriate the necessary funds to make the required repairs.

c.   If an emergency situation arises and repairs cannot wait for the next available Town Council meeting, staff will confer with the Town Manager and, if appropriate, make emergency repairs.  Staff will report back to the next available Town Council meeting, outline the action(s) taken, and report the costs of those actions.

5.       If the cost of repairs exceeds available funds, staff may pursue legal means to recover from the owner those funds expended, including, but not limited to, filing liens against properties affected by repairs or maintenance operations, as permitted by law.