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Tuesday December 02, 2008

Engineering Division - Storm Drainage Incentive Grant Program
 

Updated January 1998

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Background:

The City of Salisbury’s level of service related to storm drainage meets the minimum basic requirements of the State of North Carolina. The City maintains drainage facilities within City-system street rights of way. The City does not typically plan for improvements to existing street drains, and the City does not maintain or improve drainage facilities on private property. Drainage problems on private property may be addressed through the nuisance ordinance, if applicable, with costs charged to respective property owners.


In 1996, the Salisbury City Council initiated a storm drainage incentive grant program to assist with the cost of making drainage improvements on private property that also benefit the public. Ongoing funding is considered each fiscal year with the adoption of the City Budget. The following information will help property owners apply for an incentive grant.

Application Process:

  1. Applicant(s) shall review the drainage situation with Engineering Division Staff.
    Contact: Mr. Patrick Ritchie
    City of Salisbury, Engineering Division
    PO Box 479
    Salisbury, NC 28145
    Telephone: 638-5200
  2. The Engineering Division shall advise applicant(s) of appropriate engineering solutions, necessary limits of a project, and whether or not the project meets the minimum qualifications for the grant program. The City of Salisbury Uniform Construction Standards Manual shall be used as a guideline for proposed action. Any significant variance from the manual must be authorized by City Council.
  3. Applicant(s) shall submit a complete grant application including the following:
    a. A description of the problem and the proposed treatment.
    b. Cost proposal(s) submitted by appropriate contractors.
    c. Statement describing how expenses shall be shared.
    d. Signatures of all property owners.
  4. If engineering designs are necessary, the City may agree to pay for 50% of design assistance from a third-party consulting engineer. City participation must be confirmed in writing prior to incurring expenses and will be considered independently of a construction grant.
  5. A notification letter will be sent to the applicant(s) identifying if the request has been granted, granted with restrictions, or denied.
  6. An agreement between the City and the property owner(s) must be signed before any grant-eligible work commences.
  7. The City will provide spot inspections of construction activity, but it is the applicant’s responsibility to ensure that construction is completed in substantial conformance with the grant proposal.
  8. Upon completion of the project, the applicant(s) must submit to the City copies of contractor invoices and proof of payment (paid receipts or copies of checks). Within approximately three weeks, the City will provide reimbursement in the amount of 50% of actual, grant-eligible expenses or the full grant amount, whichever is less. If payments have been made by more than one participant, the City will reimburse each participant proportionate to their actual payment. The City reserves the right to withhold reimbursement for work found to be not in substantial conformance with the grant proposal. All requests for reimbursement must be submitted by the end of the fiscal year in which the grant was awarded (June 30).

Evaluation of Grant Requests:
  1. Grant requests received by (Date to be determined) shall be evaluated competitively, and awarded by City Council.
  2. Grant requests received after the above date may be evaluated individually, based on established priorities, subject to available funds.
  3. Grants of up to $5,000 may be awarded by the City manager. Grants in excess of $5,000 may be awarded only by City Council.
  4. Work that is necessarily located within the street right of way (e.g., replacing an existing pipe) shall be paid entirely by the City; however, the project may be required to compete for City funding through the annual budget process.
  5. Optional work within the street right of way (e.g., relocating a drain pipe from private property to public right of way) must include private cost participation as approved by City Council.
  6. The proposed action must be reasonably expected to have a life cycle of more than ten years. To fulfill this standard, property owners may be required to commit to a higher level of maintenance than they have provided in the past (e.g., keeping ditches free from overgrowth and debris).
  7. Established priorities shall be as follow:
    a. Threat to an inhabited home from severe erosion.
    b. Threat of flooding to an inhabited home that is not located within a regulated floodplain.
    c. Damaged or undersized drainage features connecting to street drains both upstream and
    downstream.
    d. Yard flooding of multiple properties.
    e. Damaged or undersized drainage features with only one connection to a street drain.

 

Legal Background:

The North Carolina Supreme Court formally adopted the common law doctrine known as the "rule of reasonable use" with respect to surface water drainage in 1977. The rule of reasonable use allows each landowner to make reasonable use of his land even though by doing so, he alters in some way the flow of surface water, thereby harming other landowners. Liability is incurred only when the harmful use is found to be unreasonable and causes substantial damage. The questions of what is unreasonable and what constitutes substantial damage are dependent upon the circumstances of each situation, and can be specified only through litigation.

The State Court has ruled on several cases to establish the following general principles that are applicable to drainage throughout North Carolina:

  1. Every property owner has the right to develop his property to the extent allowed by local ordinances (zoning and subdivision ordinances).
  2. Development results in more runoff at a higher velocity. Downstream property owners are obligated to accommodate the increased runoff (except for diversions).
  3. Municipalities are not obligated to address storm drainage on private property.
  4. If a City has accepted streets with insufficient drainage facilities, the City must use reasonable diligence to keep the drains in good repair, but the City is not obligated to upgrade them.
  5. If a City annexes an area with drainage problems, the City is required to provide the same level of service to that area as is provided Citywide. The City is not obligated to correct existing problems in a newly annexed area.
  6. If a City "exercises control" over a drainage way on private property, the City can be held perpetually liable for that drainage way. This is the primary reason that municipalities throughout North Carolina are hesitant to make drainage improvements on private property. The phrase "exercises control" is not well defined. It may depend on the circumstances of each situation, and it may become the key question in litigation.

The City Charter clarifies that abating a nuisance on private property in accordance with the City’s Nuisance Ordinance is not considered "exercising control" and protects the City from assuming perpetual liability. Similarly, providing grants to property owners is not considered "exercising control" and protects the City from assuming perpetual liability. The City of Salisbury does not currently have the right of eminent domain in relation to storm drainage. This means that the City cannot control storm drainage on private property or operate a continuous drainage system as it does with drinking water and sanitary sewage.

 

STATE OF NORTH CAROLINA AGREEMENT

COUNTY OF ROWAN

THIS AGREEMENT, is made and entered into this ____ day of _____________ , 199__, by and between the City of Salisbury, a municipal corporation of Rowan County, North Carolina, hereinafter referred to as the CITY, party of the first part, and ________________________________________________________________________________ of Rowan County, North Carolina, hereinafter referred to as the RECIPIENT, party of the second part.

WITNESSETH THAT:

          WHEREAS, the Common Law Doctrine known as the "rule of reasonable use" which has been formally adopted by the North Carolina Supreme Court with respect to surface water drainage allows reasonable alteration of the flow of storm water runoff which may cause harm to properties; and

          WHEREAS, there are locations throughout the City of Salisbury where the altered flow of storm water runoff through private property interferes with the safety, comfort, welfare, and/or convenience of property owners or the general public; and

          WHEREAS, the City does not operate a storm water utility, does not have the power of eminent domain with respect to storm water runoff, and in most cases does not have legal authority to make drainage improvements on private property; and

          WHEREAS, the City is willing to award grants to promote the improvement of drainage facilities on private property in accordance with the Storm Drainage Incentive Grant Program;

          NOW, THEREFORE, in consideration of the promises and mutual covenants herein contained, the parties agree as follows:

          1. The recipient agrees to utilize the grant funds to fulfill that project described in the Storm Drainage Incentive Grant Application attached hereto as Exhibit "A" and in the Letter of Notification attached hereto as Exhibit "B", and to utilize said funds solely for fulfillment of identified storm drainage improvements.

          2. The recipient agrees to perform said storm drainage improvements in substantial conformance with the City of Salisbury Uniform Construction Standards Manual and/or as authorized by City Council.

          3. The recipient agrees to maintain the subject drainage way at no cost or liability to the City unless or until the City, through formal, legal action, adopts the drainage way into a City-maintained storm drainage system. Further, the recipient acknowledges that the City is not, at this time, responsible for surface water runoff or for the maintenance of drainage ways across private property.

          4. The recipient agrees to abide and conform all drainage improvement construction undertaken pursuant to this agreement to all applicable laws of the United States, the State of North Carolina, Rowan County, and those applicable provisions of the ordinances of the City directly or indirectly related to the subject matter of this agreement.

          5. The amount of the grant shall be $ ____________ or 50% of actual grant-eligible expenses, whichever is less. Grant funds shall be payable upon completion of said project, provided said project meets with the City’s approval and is completed in substantial conformance with those provisions specified in the Storm Drainage Incentive Grant Application, Exhibit "A", and in the Letter of Notification, Exhibit "B".

          6. The recipient agrees to complete the project and submit proof of actual expenses prior to June 30, 199__, the end of the City’s fiscal year. The City shall not be responsible for undocumented claims or for claims submitted after June 30.

          7. Technical assistance provided by the City will be advisory only. The City will not be a party in negotiations between the recipient and any contractor or designer employed by the recipient. The recipient agrees to hold the City harmless for any design considerations, defects in workmanship, or from any liability, damages, or other costs relative to this project.

          8. This agreement may be terminated and the City may withhold grant moneys upon the recipient’s breach of or failure to perform any of the terms of this agreement including those provisions in Exhibits "A" or "B". The City shall give the recipient ten (10) days’ notice in writing of termination for any cause.

 

IN WITNESS THEREOF, the parties hereto have caused this agreement to be signed by their proper officials upon the day and year first written above.

By:

________________________________

City of Salisbury

_____________________________

Witness

________________________________

Recipient

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