Summary of Changes to
Mecklenburg County Post-Construction Ordinance Administrative Manual
(updated December 24, 2014 version)
The table below contains a list of the revisions to the manual based through December 24, 2014.
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Revisions to Administrative Manual
January 2008 Revisions
In Section 9.3 on page 59, the amount required for the maintenance bond was changed from 50% of
the value of BMP construction or $8.50/sf of surface area to the recommended amount of 30% of BMP
construction or $5.10/sf of surface area plus a $10,000 base amount. This amount was not specified on
any forms or anywhere else in the Manual.
The changes were approved by the Mint Hill Town Board on 1-10-08. Rusty attended the meeting
and no questions were asked or comments made. The text in the ordinance document was changed.
Revised ordinance was placed on the website. No change was necessary in the text of the Admin
Manual.
The text in the ordinance document was changed to correct a typographical error. Revised ordinance
was placed on the website. The Davidson Town Board did not approve the change which is so minor it
is questionable if it is necessary.
The text in the ordinance document was changed to correct a typographical error. Revised ordinance
was placed on the website. The Matthews Town Board did not approve the change which is so minor it
is questionable if it is necessary.
The text in the ordinance document was changed to correct a typographical error. Revised ordinance
was placed on the website. The Pineville Town Board did not approve the change which is so minor it
is questionable if it is necessary.
The text in the ordinance document was changed to correct a typographical error. Revised ordinance
was placed on the website. The Meck. Co. Board did not approve the change which is so minor it is
questionable if it is necessary.
The plan review checklist was changed (Appendix 4-3) as well as the text in Section 4.3 #10 on page
22 of the Admin. Manual and Appendix 1-3.
PCO#2 was reformatted.
1. An editable field was added to the following notification letters for the sender to type the letter
delivery method: PCO Form #s 2, 3, 4a, 4, 6, 7, 8a, 8, 10, 11, 12, 16, 17, and 18. Also, the forms
were all locked.
2. The procedures in the Administrative Manual were revised in Sections 4.3 and 5.3 as well as
Appendix 1-3 to allow the above options and to require hard copy documentation that the
notification was received such as an email reply or fax receipt notice.
1. Form #PCO1 was changed from “Volume Control for…” to “Volume Control will be provided for
….”
2. Form #PCO2 was changed from “Volume Control Provided…” to “Acknowledgement that
Volume Control will be Provided…”
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Revisions to Administrative Manual
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1. Added #3 on page 19 of the Admin. Manual to require that a temporary address be assigned by
Gatekeeper for Concept Plan phase.
2. Added #3 on page 25 of the Admin. Manual requiring that an “Address Verification Form” be
attached to the Storm Water Management Permit Application.
3. Revised Appendix 1-3 to include #s 1 and 2 above.
4. Added a check box to the Storm Water Permit Application (PCO Form #5) for “Address
Verification Form Attached.”
1. Section 11.1 #5 was added to require the applicant to set a pre-construction meeting with staff at
least 48 hrs prior to starting BMP construction.
2. Appendices 1-1, 1-2, 1-3 and 4-3 were revised to include the #1 above.
Change Appendix 10-1 (PCO Form #27 to require state plan coordinates on as-builts for locating
BMPs. This is the only place I saw this referenced in the Manual or forms.
Entry of BMP data into the BMP database will occur at plan approval, so the state plan coordinates
will be required at plan submittal. The final coordinates of the as-built BMP will be adjusted when asbuilt surveys are received.
<reserved>
Updates were made to Appendix 8-1.
<reserved>
Maintenance access specifications were made to Appendix 4-3 in the Admin. Manual and in the “Plan
Review Checklist” on the website and in the wq xfer.
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Developed a Stream Reach Evaluation Form (PCO#39) based upon NCDWQ Guidance document and inserted into
Appendix 2-4.
The Admin. Manual was revised as follows to require submittal of a Form #PCO39 for each stream reach and a map
showing the stream reach locations with the Concept Plan Application for Matthews and Davidson: Section 2.5.2 on
page 11, Section 4.3 on page 20, Appendix 1-3 on page 84, Appendix 4-1 (Form #PCO1), and Appendix 4-3.
The Admin. Manual was revised as follows to include definition of “certified professional”: Section 2.5.2 on page 11
and Section 13.
The Admin. Manual was revised to include a process for requesting stream reach exemption from buffer requirements
in Section 2.5.2 on page 12.
The Admin. Manual was revised as follows to include a Stream Exemption Disapproval letter (PCO#40) and Approval
letter (PCO#41) to document staff review of “Request for Stream Exemption”: Appendices 2-5 and 2-6.
The Admin. Manual was revised as follows to include an internal process to remove buffers from Polaris: Section 2.5.2
on page 12
The Admin. Manual and other forms were revised as follows to require Erosion Control Inspectors to verify stream
evaluations during pre-con meetings: Erosion Control Inspection Form, Section 11-1 on page 65 (2nd bullet), Appendix
1-3, Appendix 11-1.
Added Section 9.4 which exempts all public entities from the surety requirement for either installation
or maintenance.
Include the instructions within the editable field, so that the user can “overwrite” the instructions and
add a “(Revision Jan. 08)” to the bottom of each form.
The Admin. Manual was revised to include exemption wording in Section 2.3 on page 6.
The Admin. Manual was revised to include Appendix 4-5 (Form #PCO4a) for approval of concept
plan “as noted.” Wording in Section 4.3 on page 23 was revised as well as Appendix 1-3 to include
this form.
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Revisions to Administrative Manual
<reserved>
BMP Maintenance Plan (Form #PCO20) revised to include separate maintenance tables for each BMP.
Language revised on Form #PCO19 regarding the escrow account that says “as described herein.”.
Added #12 in Section 5.3 to require digital submittals prior to issuance of the storm water management
permit. Added Appendix 5-5 (Form #PCO8a) to the Manual and wq xfer as the notification letter to be
sent regarding this requirement.
Language was added in the last sentence of Section 1.1 on page 1 to indicate that all forms, etc. are
located in the following file: G:\WQ_Xfer\ WQ\Post-Construction Ordinance
Language was added to the last sentence in Section 1.4 on page 3 of the Admin. Manual to describe
that minor changes could be made without SWAC approval.
Added the following text to Section 8.1 on page 55: Plats are required for all projects unless they meet
all five of the following criteria:
1. Property for the project is not subdivided;
2. All BMPs are within the project’s property boundary;
3. BMPs serve only the property where they are located;
4. BMPs are maintained by the property owner; and
5. Right of entry to inspect and maintain the BMPs is granted in a recorded covenant.
Added text to Section 8.2 on page 56 to allow the plan reviewer the discretion to require impervious
area restrictions for each lot to ensure that new construction as well as future expansions and additions
do not exceed the BUA threshold. These restrictions must be shown on the final plat for each lot. The
developer may elect to install BMPs rather than include these lot restrictions on plats.
Added the following text to the end of the paragraph in Section 10.2 on page 61: Professional seal and
signature are not required on digital submittals.
Changed the 4th bullet in Section 10.2.2 on page 62 to the following: Location and elevation (NAVD
88) of storm water infrastructure inlets, outlets and locations and sizes of pipes and culverts.
February 2008 Revisions
Section 7.5 “Maintenance Access” was added to the bottom of page 54, which includes the following
text: “Adequate access must be provided into all BMP areas for inspection, maintenance, and
landscaping upkeep. A 20-foot wide permanent maintenance access easement from a public right-ofway must be provided for all BMPs. The cleared access area within this easement must have a
minimum stabilized width of 12 feet, maximum longitudinal grade of 15 percent, and maximum cross
slope of 5 percent. In addition, a 10-foot wide permanent maintenance access easement must be
provided around the perimeter of all BMPs to allow for adequate maintenance and repair.”
Changed the “Plan Review Checklist” including adding a requirement for a 10-foot permanent
maintenance easement around all BMPs.
Changed page ii of the Table of Contents to add Section 7.5 to page II
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Revisions to Administrative Manual
Added the following language to page 7 in Section 2.3: “In order for a project associated with a
conditional zoning district to be exempt from Ordinance requirements, one of the following must be
satisfied within the appropriate five (5) or two (2) year time limits:
1. Formal plan submittal has been made and accepted for review that encompasses at least 22.5%
(changed in many of the Ordinances to 25%) of the project area, or
Formal plan submittal has been made and accepted for review for any phase of the project so long as
such phase is part of a project that includes project-wide water quality requirements to achieve 85%
total suspended solids removal from developed areas.”
March 2008 Revisions
Changed 24 hours to 48 hours in number 5 at the bottom of page 64.
Added the following language to Appendix 4-3 on page 140: Note on Plan: “Set up an on-site preconstruction conference with the LUESA Water Quality Inspector (name, phone number) at least 48
hours prior to starting construction on any BMPs.”
Added the following language to Appendix 4-3 on page 140: “Soil compaction tests are required on
any berms >5 feet in height from the natural grade. Soil compaction must be at 95% proctor and
certified by a licensed soil engineer (Town of Huntersville only).”
Change the following language in Appendix 4-3 on page 141: Note on plan: “Drainage area must be
stabilized to the Inspector’s satisfaction before bioretention areas are installed.”
The definition for redevelopment on page 79 was changed to: “Redevelopment (This definition was
amended from the ordinance definition for clarification)
Redevelopment is considered to be rebuilding activity on a parcel of land which, as of the effective date
of the Ordinance, was described by metes and bounds in a recorded deed and which contained built
upon area. Building activity on a parcel of land that has new metes and bounds established following
the adoption of the Ordinance cannot be considered redevelopment. All building activity that does not
satisfy the above definition for “redevelopment” is considered “development” for the purpose of this
Ordinance.”
Change the table used to calculate the fee.
May 2008 Revisions
Added the following language to #7 on page 21 in Section 4.3 and on page 86 in Appendix 1-3: “The
Land Development Gatekeeper shall send a copy of the Concept Plan application to the Groundwater
and Wastewater Services Gatekeeper (Jack Stutts) if the “Septic System” box is checked on form
PCO#1. The plan reviewer name shall be provided to the Groundwater and Wastewater Services
Gatekeeper, who will provide comments (most likely in the form of a memo) directly to the plan review
engineer within 10 working days to allow the plan reviewer to meet his/her 15-day comment period
goal.” Prior to this change, the plan reviewer was to notify GWS in old #13, which was removed from
Section 4.3 and Appendix 1-3.
Added the following language to #10 on page 22 in Section 4.3 and on page 86 in Appendix 1-3: “If
the Consultation Meeting involves a site with a planned septic system, the plan reviewer shall invite
the Groundwater and Wastewater Services Gatekeeper (Jack Stutts) to the meeting to provide
comments as necessary.”
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Revisions to Administrative Manual
Added the following language to #7 on page 28 in Section 5.3 and on page 89 in Appendix 1-3: “The
Land Development Gatekeeper shall send a copy of the Storm Water Permit application to the
Groundwater and Wastewater Services Gatekeeper (Jack Stutts) if the “Septic System” box is checked
on form PCO#5. The plan reviewer name shall be provided to the Groundwater and Wastewater
Services Gatekeeper, who will provide comments (most likely in the form of a memo) directly to the
plan review engineer within 20 working days to allow the plan reviewer to meet his/her 30-day
comment period goal.”
The following language was added to Section 4.3 on page 20; Section 5.3 on page 27; Appendix 1-3
on pages 85 and page 88; Appendix 4-1 on page 133; and Appendix 5-1 on page 157: “When LUESA
South opens, all plans and applications for the Southern Towns will go to that Office and not Hal
Marshall.”
Add the following wording to #9 in Section 8.0 on page 56 and to Appendix 8.1 on page 243
“Compliance with the Post-Construction Storm Water Ordinance is required.”
Added the following sentence to Section 7.1 on page 51: “This requirement applies to all BMPs used
for water quality control as well as for those BMPs used for the control of water quantity through peak
and volume.”
The following paragraph was added to the bottom of page 52 in Section 7.2: “In addition to the
providing the Storm Water Administrator with the original recorded version of the Operation and
Maintenance Agreement and Maintenance Plan, a copy of the BMP Maintenance Cost form must also
be provided (see Appendix 7-5, Form #PCO39). This form does not need to be recorded but must be
provided to the Storm Water Administrator and kept on file with the person responsible for
maintenance of the BMP(s) in order to verify that adequate funds are maintained to ensure proper
maintenance.” In addition Appendix 7-5 was added to the Manual on page 240.
The following sentences were added to page 59 in Section 9.3: “BMP Maintenance or Warranty
Bonds are required for all structural BMPs installed for residential developments. BMP Maintenance
Bonds are not required for BMPs installed at commercial developments or public facilities.”
The following paragraph was added to the end of Section 8.2 on page 56: “In the event that BMPs are
installed on private lots (which must always be strongly discouraged due to maintenance and access
concerns), the BMP notations indicated in Appendix 8-1 must be placed on the deed for the lot and
not on the final plat.”
The following paragraph was added to the end of Section 7.5 on page 54: “Driveways can serve as the
20-foot maintenance access for BMPs provided the owner of the driveway and BMP are one in the
same.”
The following text was added to the 4th bullet on page 26 in Section 5.2 and on the back side of the
Form # PCO5 in Appendix 5-1. “Existing and proposed paved roads, buildings, structures, utilities,
and septic system components including tanks, drain fields, and repair areas”
The following text was changed on page 19 in Section 4.2 and on Form #PCO1 in Appendix 4-1:
“31. Volume Control will be Provided for…
32. Peak Control will be Provided for…”
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Revisions to Administrative Manual
The following text was changed on page 61 in Section 10.0: “Upon receipt, the Land Development
Gatekeeper will forward the as-built survey to the erosion control inspector who will conduct a field
inspection of all BMPs, detention structures, undisturbed open space areas, water quality buffers,
approved mitigation and other measures as necessary to ensure the field accuracy of the as-built survey
and compliance with the requirements of the Post-Construction Storm Water Ordinance (see Section
11.1 Inspection Protocols and Appendix 11-1 Post-Construction Storm Water Ordinance Compliance
Checklist). The inspector will edit the as-built survey as necessary and forward to the County plan
review engineer to assess the accuracy of the design engineer’s certification of the as-built survey in
comparison to the approved plans for the project.”
The following sentences were changed to page 59 in Section 9.3: “BMP Maintenance or Warranty
Bonds are required for all structural BMPs installed for residential and commercial developments.
BMP Maintenance Bonds are not required for BMPs installed for public facilities.”
The following sentence was changed to page 65 in Section 11.1 and to Appendix 1-3 on page 94:
“The erosion control inspector shall document inspections at the site for compliance with the PostConstruction Storm Water Ordinance using the Work Order from #1 above, including inspections of
all BMPs, buffers, open space, volume and peak control, etc. The file descriptor will remain the same
as indicated in #1 above.”
The following sentence was added to page 33 in Section 6.1: “The Town of Huntersville also does not
allow mitigation.”
The following text was added to numbers 2, 3, and 4 on pages 51 and 52 in Section 7.0: ”Only for
BMPs maintained by property owner associations:”
Revised Section 6.3 on page 41 and Appendix 6-5 on page 183.
November 2008 Revisions
Updated PCO1 and PCO5 forms to include the correct number of copies.
Updated PCO 19 and page 51 of the Admin Manual to include maintenance requirements for water
quality as well as water quantity structures.
Updated the following mitigation forms: PCO 9, 13, and 15 to include the following statement:
Checks must be made payable to “Mecklenburg County.”
Added a row to the Storm Water Management Permit Application and Concept Plan Application to
allow for the entry of a “Name of Contact Person” as per a request from Virginia Mullis of Land
Development.
February 2013 Revisions
A new BMP Maintenance and replacement budget tool was developed for use in estimating costs.
The BMP Maintenance Covenant and Plan (PCO#19 and PCO#20) were combined into one form
(PCO#19) and updated with revised maintenance and escrow requirements.
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Procedures for entering data into the BMP Database were revised to require the Water Quality
Inspector to perform data entry
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Various typographical errors were corrected.
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Revisions to Administrative Manual
69
Signing of Maintenance Covenants was changed to WQ Inspectors if un-modified. Modified
covenants must be signed by the Storm Water Administrator.
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Concept Plan requirements were revised to simplify information required to be submitted.
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The requirement for hard copy documentation of receipt of notice by the applicant was removed.
72
For Appeals and Variances, the SWAC submittal date for submitting information to adjoining
property owners was changed from 30 to 10 days prior to the hearing.
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BMP Declaration of Covenants were changed to include both provisions for the Developer and the
HOA so that no transfer will be required when responsibility shifts from Developer to HOA.
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Table 2-3 was updated to accurately reflect volume control for projects in Huntersville >6% & < 12%
BUA and for Goose Creek requirements.
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Language in Section 2.5.3 was modified and Section 2.5.4 and Table 2-4 were added to clarify peak
control requirements and detention requirements. On 8-13-12, the Town of Matthews revised the
grandfathering date for applicability of their detention ordinance from July 2, 1979 to July 10, 2000.
This change is also reflected in this added section.
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Language was added to Section 2.3 to define significant changes to previously approved plans that
could trigger new review under Post-Construction ordinances.
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Changed language on the PC027 to clarify that the as-built requirement for full pond elevation is
actually the “permanent pool elevation”.
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Added Address Verification Form submittal requirements to the submittal procedures.
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Appendix 4-3 was changed to indicate plan review in accordance with standard Mecklenburg County
Land Development Review Site Checklist
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Text was added to Section 11.1 and Appendices 1-1 and 1-2 were modified to clarify that the design
engineer must complete a post-construction compliance certification checklist as part of the as-built
certifications. The checklist was updated to ensure BMP construction inspections are being
conducted.
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A Water supply checkbox was added to the PCO#1 and PCO#5 Forms so that the Groundwater
Section could review plans to ensure setbacks are appropriate if wells are installed.
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Appendix 1-3 was removed from the manual since the information is repetitive of other sections in the
manual.
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Revisions to Administrative Manual
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Stream Reach Evaluation Forms were updated in Appendices 2-4, 2-5, and 2-6 for compliance with
new NCDWQ stream reach determinations.
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The BMP Inspection Forms (PCO#21) were updated to be made consistent with the CharlotteMecklenburg BMP Database.
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Changes in the address for LUESA offices were made throughout the manual and Appendices to
reflect the closing of the North and South offices.
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Appendix 4-7 – LD Application Fees was updated with new land development fees.
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#PCO9, 13, & 15 were edited so that payment would be made to applicable jurisdiction, not
Mecklenburg County, and the mitigation units were revised for clarity.
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Appendix 5-6 #PCO8b– A Notification of Approval as noted letter was developed.
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Chapter 7.3, 12.1 & PCO#19 were revised to clarify the time period for performing Annual
compliance BMP Inspections by owners. The time period for performing annual inspections was
changed to “within 45 days” the as-built certification date.
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The Town of Cornelius Board approved changes to the Post-Construction ordinance effective February
18, 2013. The change to the ordinance increased the low density /high density threshold from 12%
built-upon area to 24% built-upon area. Table 2-1, Table 2-3 and Appendix 2-3 were updated with this
information.
June 3, 2013 Revisions
91
The Town of Huntersville Board approved changes to the Post-Construction ordinance which added
some LID mitigation options. These changes required text changes in Chapter 6 of the Administrative
manual and the addition of PCO#19H, a new BMP Operation and Maintenance Agreement/Plan. On
July 30, 2013 text changes were also made to Section 2.4, Table 2-1, Section 2.5.3, Table 2-3, and
Appendix 2-3 to correct oversights in the June revision regarding the increase in low density/high
density threshold from 6% built-upon area to 12% built-upon area.
September 30, 2013 Revisions
92
Added language to the manual and the Plat Review Checklist to require Plats to contain Maximum
Built-Upon are per lot to ensure that future development (too small to undergo a LD review) does not
cause "low density" developments to become "high density" and does not cause BMPs at high density
developments to become undersized due to the addition of BUA.
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Revisions to Administrative Manual
93
Appendix 7-5 (BMP Maintenance Costs) was amended to include different cost estimates for BMPs
located within Huntersville (a down payment of 10% and an escrow accumulation period of 10 years).
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Due to the addition of Grassed Bioretention BMPs and Sand Filters, the Maintenance Task and
Schedule included in Appendix 7-1 (PCO19 and 19H) BMP Maintenance Covenant and Plan was
amended with new tasks.
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Edited the language in Appendix 7-1 (PCO19 and 19H) BMP Maintenance Covenant and Plan to
ensure that future owners are bound to the agreement per County Attorney comments. In addition, text
was added to require recordation of the Covenant prior to Storm Water Management plan approval.
96
The Town of Mint Hill adopted a Unified Development Ordinance on April 14, 2011 that eliminated
detention ordinance language from the zoning ordinance. Therefore, Section 2.5.4 and Table 2-4 of
the manual were updated to reflect this change.
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The Town of Huntersville Board approved changes to the Post-Construction ordinance which changed
the requirement for performing annual BMP Compliance Inspections from Professional Engineers and
Landscape Architects to “qualified professionals”. Language was added to define “qualified
professional” in Section 7.3 and in the BMP Maintenance Covenant for the Town of Huntersville.
October 30, 2013 Revisions
98
Revised the language in Section 2.5.4 and Table 2-4 to correct a typo and clarify that the detention
ordinance applies only to commercial development (including industrial, institutional, multifamily,
townhomes, and condominiums).
January 29, 2014 Revisions
99
The Phase II Co-Permittees agreed that structural best management practices (BMPs) should not be
installed on single-family residential lots on January 23, 2014. Therefore, Sections 2.5.1 and 8.2 were
updated to reflect this change.
March 11, 2014 Revisions
100 Form PCO#38 did not contain a notice of the $100.00 filing fee. The form was updated with this
information and the Titles for Forms #3 and #4 were modified.
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Revisions to Administrative Manual
December 24, 2014 Revisions
101 Revised residential detention language in Section 2.5.4 and Table 2-4 because the detention ordinance
does not limit the requirements to commercial development and because the Town of Matthews desires
their drainage plan to require detention for single-family residential developments.
102 Revised Appendix 10-1 (Post-Construction As-built checklist) and Appendix 12-1 (Post-Construction
Compliance Certification form) to clarify that a built-upon area survey is required to demonstrate
compliance with the built-upon area shown on the approved plans.
103 Revised the language in Section 2.3-Exemptions to accommodate Post-Construction ordinance
language changes approved by the Town of Matthews on June 9, 2014 regarding exemption criteria.
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