The intent of the tree conservation regulations is to preserve tree coverage, mature trees and natural resource buffers, and lessen the impact of development on the surrounding properties. The most significant trees, greater basal area tree stands and healthy trees in the most appropriate locations, should be considered when granting an alternate.

Prior to approval of any subdivision of any tract 2 acres or greater in size or Tier 2 or Tier 3 site plan for a parcel 2 acres or greater, tree conservation areas must be provided in accordance with the requirements of this UDO, provided that delineation of tree conservation areas for a site subject to either condemnation or the threat of condemnation shall be delayed until a Tier 2 or Tier 3 site plan or further subdivision of the parcel first occurs.

1. Tree Conservation
   1. Tree conservation area requirements by district are set forth below. The eligibility for tree conservation is based on the gross site area. The amount of conservation area required is calculated as a percentage of the net site area.

      District	Conservation Area Required (min)
      R-1, R-2	15%
      All other districts	10%

   2. Any eligible tree conservation priority in conflict with a build-to requirement established by a zoning frontage is not required to be protected. Unless a zoning frontage exists, there is no maximum setback for the Townhouse and Apartment building types when a tree conservation area occupies the build-to area.
   3. Tree conservation requirements shall not apply to sites in the -TOD less than 4 acres in size. Sections 9.1.4.A.8. and 9.1.4.B.1 shall not apply to sites in the -TOD.

1. Primary Tree Conservation Areas
   The following are primary tree conservation areas and must be the first areas saved to meet the tree conservation requirement. All primary tree conservation areas on the site must be established even if doing so exceeds the minimum required percentage.
   1. -SHOD-1 and -SHOD-2 protective yards (see Sec. 5.3.1.).
   2. Parkway Frontage protective yards (see Sec. 3.4.3.)
   3. CM primary tree conservation areas (see Article 4.2. Conservation Management (CM)).
   4. -MPOD protective yards (see Sec. 5.2.2.).
   5. A healthy, champion tree and its critical root zone.
   6. Zone 2 of Neuse River Riparian Buffers, as established in title 15A of the North Carolina Administrative Code Subarticle 2B Section .0233.
   7. Areas with a gradient of 45% or greater that are adjacent to or within floodways.
   8. An undisturbed area adjoining a Thoroughfare varying in width between 0 and 100 feet; provided that the total undisturbed area is equal to an area measured 50 feet perpendicular to the Thoroughfare.
2. Secondary Tree Conservation Areas
   1. The following secondary tree conservation areas, listed in priority order from highest to lowest, must be included once the primary tree conservation areas are exhausted.
      1. A minimum 65-foot wide perimeter buffer when the adjoining or adjacent property is not a Thoroughfare or is not vacant.
      2. A minimum 32-foot wide perimeter buffer when the adjoining or adjacent property is vacant.
      3. The critical root zone of any tree 10 inches or greater in DBH that is located within 50 feet of a Thoroughfare or within 65 feet of any non-vacant property boundary or roadway that is not a Thoroughfare.
      4. The critical root zone of any tree 10 inches or greater in DBH that is located within 32 feet of a vacant property boundary.
   2. Secondary tree conservation areas described in Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b. above and their alternates must be at least 32 feet in all directions and be a minimum of 4,000 square feet in area.
   3. The critical root zone of a saved tree in Sec. 9.1.4.B.1.c. or Sec. 9.1.4.B.1.d. above must be preserved in entirety even if it extends beyond 65 feet or 32 feet. When a landscape easement is obtained from the adjoining land that prohibits all tree disturbing activity, off-site areas for protected critical root zones may be included as tree conservation areas provided that such areas are not under any circumstances to be counted as tree conservation area on both properties.
   4. As an alternative to Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b. above, secondary tree conservation areas of undisturbed areas are allowed elsewhere on the site provided that they are a minimum of 32 feet in all directions and that the square footage of the substituted areas is at least 4,000 square feet. No portion of Zone 1 of Neuse River Riparian Buffers as established in Title 15A of the North Carolina Administrative Code, Subarticle 2B Section .0233, shall be designated an alternate undisturbed area.
   5. As an alternate means of compliance with Sec. 9.1.4.B.1.c. or Sec. 9.1.4.B.1.d. above, secondary tree conservation areas of individual trees 10 inches or greater in DBH and their critical root zones are allowed anywhere on the site that is not otherwise tree conservation area provided that the critical root zone area in the alternate locations is not less than the critical root zone area that would have been required for priorities in Sec. 9.1.4.B.1.c. or Sec. 9.1.4.B.1.d. above and that no alternate saved tree is less than 10 inches in DBH.
3. Excluded Areas
   Tree conservation areas must exclude the following.
   1. Sight triangles.
   2. Slope easements.
   3. Drainage easements.
   4. Cross access easements.
   5. Governmental and utility easements that prohibit trees.
   6. Any easement that authorizes tree disturbing activities.
   7. Any area devoted or to be devoted to streets, future right-of-way reservations, sidewalks, driveways, walkways, transit easements and storm drainage facilities, including without limitation, pipes, energy dissipaters and stormwater control measures which require the removal of vegetation.
   8. Water-related activity areas located in, over, under or adjacent to a lake or natural watercourse shown on the site plan may not be included as Zone 2 areas of Neuse River Riparian Buffers.
   9. Any tree 10 inches DBH and larger that has 30% or more of its critical root zone traversed in part or in entirety by any of the excluded areas in Sec. 9.1.4.C.1. through Sec. 9.1.4.C.7. above, by impervious surface or by any adjacent property.
4. General Conservation Area Requirements
   1. Size
      For primary tree conservation areas numbered 1 through 7 in Sec. 9.1.4.A, the minimum dimension of a primary tree conservation area is 20 feet, measured in all directions. For primary tree conservation area number 8 in Sec. 9.1.4.A, the minimum dimension is 32 feet, measured in all directions.
   2. Greenways
      1.  City of Raleigh greenways may be included as tree conservation areas, provided that an area of 25 feet multiplied by the length of the greenway is excluded as tree conservation for trail construction.
      2. Greenways can only be established as tree conservation areas after establishment of primary tree conservation areas.
   3. Tree Quality
      No tree may be used to meet the requirements of this Article if it is unhealthy or a hazardous tree.
   4. Heritage Trees
      A heritage tree and its critical root zone may be established as an optional tree conservation area after establishment of primary tree conservation areas. The area of critical root zone for a heritage tree conservation area shall be double credited toward the tree conservation requirement only when all of the following conditions are met.
      1. The critical root zone shall be protected in entirety by, either being entirely on the developing property or the property owner shall obtain a landscape easement that prohibits all tree disturbing activity for the portion of the critical root zone on an adjacent property. The off-site area for protected critical root zone may be included as tree conservation area provided that such area shall not under any circumstances be counted as tree conservation area on both properties.
      2. Any portion of the critical root zone within another tree conservation area shall not be eligible for double credit.
      3. The condition of the heritage tree shall be a rating of “Good” or higher as determined by an arborist certified by the International Society of Arboriculture using the Guide for Plant Appraisal, latest edition, published by the International Society of Arboriculture and verified by the Parks and Cultural Resources Director.
      4. A report of the tree condition shall be prepared on an evaluation form provided by the City and it shall be provided to the Parks and Cultural Resources Director.
      5. An active tree preservation plan prepared by an arborist, certified by the International Society of Arboriculture, must be approved by the Parks and Cultural Resources Director and implemented by the developer under the supervision of the certified arborist.
5. Tree Cover Required
   1. Tree conservation areas proposed for -SHOD-1, -SHOD-2, Parkway Frontage, and undisturbed areas adjoining a Thoroughfare protective yard (Sec. 9.1.4.A.1., Sec. 9.1.4.A.2. and Sec. 9.1.4.A.8.) and secondary priority areas (Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b.) and their alternates, which consist of groups of trees and their critical root zones, must contain a basal area of at least 30 square feet per acre as measured in increments of 50 lineal feet.
   2. Any required protective yard for a -SHOD 1, -SHOD-2 or Parkway Frontage that does not contain a basal area of at least 30 square feet shall be planted in accordance with the overlay district landscaping standards and portions of the protective yard cannot be established as a tree conservation area.
   3. For those developments that fulfill any of their tree conservation area requirement using a -SHOD-1, -SHOD-2, Parkway Frontage or undisturbed areas adjoining a Thoroughfare protective yard or with secondary tree conservation areas from Sec. 9.1.4.B.1.a. or Sec. 9.1.4.B.1.b. and their alternates, the following must be submitted:
      1. Photo panoramic panels of the intended area to be conserved. The photo panel shall equal 50 feet of the length of the tree conservation area to be saved;
      2. A tree cover report prepared by a North Carolina registered forester or North Carolina licensed landscape architect or certified arborist that, inventories each 50-foot length of proposed tree conservation area as shown in the photo panels, to identify all eligible trees 3 inches DBH and larger, by species, DBH, basal area calculations and a determination of the general health of the tree stand. The report and photo panels shall be correlated; and
      3. The most recent aerial photograph of the subject tract.
   4. A survey of all eligible trees and computation of basal area may be substituted in lieu of Sec. 9.1.4.E.3.a. and Sec. 9.1.4.E.3.c. above, provided that no dead, unhealthy or hazardous tree is included in the survey.
   5. An optional method to determine basal area for tree conservation areas is allowed when a North Carolina registered forester certifies in writing that the basal area is 60 square feet per acre or greater, provided all the following conditions are met:
      1. The contiguous tree conservation area that can consist of primary and secondary is at least 8,700 square feet in size, excluding easements and consists of undisturbed wooded areas with a basal area of 60 square feet per acre or greater comprised of trees 3 inches DBH and larger;
      2. All dimensions of tree conservation areas are at least 65 feet in all directions;
      3. Land area that does not contain trees must be excluded unless it contains critical root zones of trees being preserved;
      4. Any area of tree disturbing activity is excluded as a tree conservation area; and
      5. A legible copy of the latest Wake County/City of Raleigh aerial photograph must be included with the registered forester’s certification.
   6. Within each 50-foot linear increment of Zone 2 of Neuse River Riparian Buffers, MPOD natural resource buffer yards or greenway tree conservation areas that do not contain trees, a minimum of 2 shade trees to enhance the riparian buffer must be planted prior to issuance of a certificate of occupancy. Planted shade trees must be at least 10 gallon container size and free of circling roots at time of planting. If the area without trees will be used as shown on the approved site plan for either a tree disturbing activity allowed by Sec. 9.1.6. or a water-related activity located in, over, under or adjacent a lake or natural watercourse, no planting of new trees shall be required.
   7. Within each 50 linear feet of watercourse buffer of the -MPOD that does not contain trees, a minimum of two 10 gallon container size shade trees, free of circling roots, must be planted to enhance the riparian buffer prior to the issuance of a certificate of occupancy.
   8. Alternatively, areas that do not contain trees in Neuse Zone 2, greenways or -MPOD watercourse buffers may be established as permanently undisturbed primary tree conservation areas to allow natural regeneration of trees, provided such areas are not located on individual lots developed for single unit living. Permanently undisturbed primary tree conservation areas shall not be cleared of any vegetation or subjected to any tree disturbing activity and shall be delineated with signs as specified by the City. Required signs must remain in place for a period of 7 years. Unlawful disturbance of any permanently undisturbed primary tree conservation area shall subject the violator to a civil penalty of a minimum of $1,000 plus 35 cents for every square foot of disturbed area and unlawfully disturbed areas shall be planted with twice the number of 10 gallon container shade trees as described above. Unlawful removal of any required signs shall subject the violator to a civil penalty of $100 for each removed sign and each removed sign shall be replaced. Civil penalties shall be processed as set forth in Sec. 10.4.2.

1. Tree Conservation Permit Required
   1. After the tree conservation areas have been determined and prior to any tree disturbing activity, a map with metes and bounds descriptions of all tree conservation areas must be given to Parks and Cultural Resources Department and a tree conservation permit must be obtained from the City and tree protective fencing placed on the site.
   2. After the tree conservation areas have been determined and a tree conservation permit has been obtained and prior to or concurrent to any subdividing of the property and prior to issuance of a building permit, the landowners shall record with the local County Register of Deeds the following:
      1. A plat with metes and bounds descriptions of all tree conservation areas;
      2. An easement that allows current and future lot owners access to otherwise inaccessible tree conservation areas to perform tree maintenance activities including required replacement plantings;
      3. A homeowners' association declaration prepared in conformity with N.C. Gen. Stat., Chapter 47F for the maintenance and protection of the trees within recorded tree conservation areas; and
      4. One or more deeds conveying all tree conservation areas in fee or in easement to the homeowners' association.
2. Neuse River Riparian
   1. Metes and bounds descriptions of Neuse River Riparian Zone 2 shall include only the outer boundary of Zone 2 with a notation that the inner boundary is 20 feet parallel to the outer boundary.
   2. The outer boundary of Zone 2 may optionally be surveyed as a series of tangents that shall be no more than 5 feet from the actual Zone 2 boundary.
   3. When the tangent survey is used, metes and bounds descriptions of the tangent lines and the actual outer boundary of Neuse River Riparian Zone 2 (without metes and bounds) shall be shown on the recorded plat. Tree disturbing activities are prohibited and unlawful in the area between the tangent Zone 2 boundary and the actual Zone 2 boundary to the same extent as tree disturbing activities are within Zone 2 areas, but these areas shall not count toward the percentage tree conservation requirements of Sec. 9.1.3., Sec. 9.1.4.A. and Sec. 9.1.4.B. as demonstrated to the Parks and Cultural Resources Director.
3. Secondary Conservation Areas
   1. Where secondary tree conservation areas (Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b.) abut one another, metes and bounds descriptions shall not be required for the boundary line between abutting tree conservation areas.
   2. Previously recorded tree conservation areas and greenways may be shown without metes and bounds provided that the correct Book of Maps is referenced and greenways are re-recorded as greenway tree conservation areas.
4. Replacement by Condemnor
   Whenever any private condemnor acquires property through eminent domain it shall be the responsibility of the private condemnor to replace, in accordance with the provisions of this UDO, those complying elements which were removed unless a less stringent standard is required.
5. Payment In Lieu of Compliance
   1. Requests for fee-in-lieu payments will be considered, but not limited to, the following cases:
      1. Site conditions caused by man-made or natural topography that would require use of a retaining wall where the cost of wall construction would be greater than the fee-in-lieu for the area being relieved from compliance. In such cases, justification must be provided to demonstrate there are no alternate methods of construction other than use of a retaining wall. Quotes from 3 independent design firms or contractors must be provided to estimate the construction cost of the retaining wall; and
      2. Site conditions where the existence of priority areas under Sec. 9.1.4.B.1.c. and Sec. 9.1.4.B.1.d. render a site undevelopable.
   2. General conditions for all fee-in-lieu requests.
      1. No primary tree conservation area is eligible for a fee-in-lieu payment.
      2. Fee-in-lieu payments for tree conservation area will not be considered when the objective is to develop the site without regard for the tree conservation priorities of Sec. 9.1.4.
      3. Fee-in-lieu payments for tree conservation area will not be considered when the objective is to achieve increased site visibility at the expense of tree conservation.
      4. Prior to requesting a monetary payment in lieu of compliance, the applicant must examine alternate methods to preserve the required tree conservation priority areas. Upon submittal of a fee-in-lieu request, the applicant must provide proof of consideration of alternatives and justification why the alternatives are not feasible. The City may require that additional alternate methods be examined.
      5. Alternative methods to preserve tree conservation areas include but are not limited to: re-design of the subdivision or site plan, use of retaining walls, alternate methods of construction (such as trex decking in place of concrete sidewalk) and arboricultural practices that include active tree preservation (such as root pruning of no more than 30% of the root zone with active tree preservation aftercare) performed under supervision of a certified arborist.
      6. Secondary tree conservation areas approved for a fee-in-lieu payment shall be paid at a rate equal to the tax value of the land.
      7. All fee-in-lieu payments shall be as indicated on the City of Raleigh Fee Schedule and adjusted on an annual basis using the percent change Dec-Dec column of the Consumer Price Index chart available through the US Department of Labor.
   3. All collected monies, including any income derived from such monies, shall be spent either for acquisition of lands where trees will be preserved or for tree planting. The City Council shall set forth specific eligible activities for tree preservation and tree plantings. All collected monies must be spent within the same open space fee zones from which the payments were collected.

No tree disturbing activity shall take place in designated tree conservation areas except in conformity with the following.

1. Within Zone 2 of Neuse River Riparian Buffers and in watercourse buffers in a -MPOD, permitted tree disturbing activities are allowed for:
   1. Any work that is ancillary to activities allowed by the North Carolina Division of Water Quality in Zone 1 that is approved by the City;
   2. Any sanitary sewer installation when an existing permanent structure or any part of an existing permanent structure that is to remain on the site is within the width of the proposed permanent and temporary construction sanitary sewer easement plus 10 feet; and
   3. More than 50% of a reach of sanitary sewer main will be over 12 feet deep.
2. Within primary tree conservation areas and secondary tree conservation areas tree disturbing activities are allowed when all of the following are met.
   1.  A tree conservation permit is obtained from the City. Tree conservation permits may be issued for one or more of the following:
      1. A certified arborist, registered forester or a licensed landscape architect certifies to the City in writing that the tree is either unsafe or is unhealthy. No certification is required if it can be shown that the tree died of natural causes and the dead tree is replaced in accordance with the replacement standards of this Article.
      2. Tree removal or grading is being done to remove a visual obstruction from a sight triangle as set forth in the North Carolina Department of Transportation’s Policy on Street and Driveway Access to North Carolina Highways Manual and all subsequent amendments.
      3. The removal or grading is being done to install public improvements made pursuant to this UDO.
      4. Where existing vegetation meets the minimum applicable tree conservation requirements for an applicable district or meets applicable transitional yard requirements, a tree conservation permit may be issued for wooded area clean-up of shade trees less than 2 inches DBH and understory trees less than 1 inch in DBH.
      5. No permit for such removal may be issued until a plan is submitted showing the nature and extent of all tree work, how the work will be undertaken without compacting soils and damaging preserved trees and maintaining minimum applicable requirements.
   2. When a tree conservation permit is issued in accordance with Sec. 9.1.6.B.1., the property owner must install replacement trees for any tree situated within the limits of the tree disturbing activities in one of the following ways:
      1. One or more undisturbed areas of equal size containing vegetation similar in size and quantity as that which is being removed is preserved in alternate undisturbed areas meeting the requirements of Sec. 9.1.4.B. through Sec. 9.1.4.E. for priority areas Sec. 9.1.4.B.1.a. and Sec. 9.1.4.B.1.b.
      2. For each 200 square feet of tree disturbed land area, a 2-inch caliper shade tree is either planted between the principal building and the roadway or is planted in approved alternate areas of the site.
      3. Whenever a tree of priority area under Sec. 9.1.4.B.1.c. and Sec. 9.1.4.B.1.d. is removed after being certified as a hazardous tree, unhealthy or dead; it shall be replaced with 10 caliper inches of new shade trees. Any replacement tree shall be planted within the tree conservation area previously recorded for the removed tree. The minimum size of any replacement tree shall be 2 caliper inches.
      4. All substituted natural areas and newly planted areas must be designated as tree conservation areas on plats with metes and bounds descriptions recorded with the local County Register of Deeds.
   3. All portions of critical root zones of trees situated inside a designated tree conservation area that adjoin proposed tree disturbing activities shall remain undisturbed areas for trees with 10 inches or greater DBH.
   4. Prior to commencing any tree disturbing activity, the boundaries of such activities shall be delineated by a protective fence in the field.

1. A violation of this Article, where unlawful tree disturbing activity has occurred and trees and stumps are absent, shall subject the violator to a civil penalty of a minimum of $1,000 for the first tree plus 35 cents of every square foot of unlawful tree disturbing activity.
2. Where trees or stumps are present after unlawful tree disturbing activity has occurred, the civil penalty shall instead be calculated as $1,000 for the first tree plus $100 per diameter inch for any other tree or stump 3 inches diameter and larger. Civil penalties shall be processed as set forth in Sec. 10.4.2.

1. In addition to the civil penalty of Sec. 9.1.7., the owner of real property, where a violation has occurred, shall remove each unlawfully disturbed tree and replace with a tree or trees of equal caliper.
2. Prior to any replanting, the Parks and Cultural Resources Director shall first approve a replacement planting and maintenance plan. Replacement trees shall be 2 inches in caliper and no replacement tree shall be located in those portions of a tree conservation area with a basal area of over 80 square feet per acre.
3. All replacement trees shall be planted in a planting area of at least 200 square feet in area with minimum dimensions of 8 feet.
4. If the tree conservation area where the violation has occurred fails to contain sufficient land area to replant the required replacement trees and replacement trees can not be planted on other portions of the property, then in lieu of such replacement trees, a replacement fee equal to $100 per caliper inch of replacement trees shall be paid to the City.

1. Except as otherwise provided below, every lot located within a -UWPOD, -FWPOD or -SWPOD must provide and maintain an area set aside for trees equal to at least 40% of the lot area. Within this area, trees must either be preserved or planted in accordance with the following:
   1. Tree areas may be 1 contiguous area or scattered areas throughout the lot, but no required tree area may be less than 1/5 of the total gross land area required to be set aside for trees;
   2. All areas required to be set aside for trees shall be maintained as wooded areas;
   3. Wooded areas may consist of either areas where active tree preservation is observed or tree planting areas;
   4. Each active tree preservation area must contain a minimum of 2 inches of tree caliper per every 100 square feet and within such areas, active tree preservation shall be followed;
   5. Areas that are set aside for trees that do not meet the standards for active tree protection areas must be planted with shade trees; and
   6. The minimum size and planting rate of new tree plantings used to fulfill this requirement shall be either 1 bare-root seedling at least 14 inches tall planted per 100 square feet (10 feet by 10 feet centers) or one 2-inch caliper shade tree planted per 200 square feet.
2. After wooded areas have been determined and prior to or concurrent to any subdividing of the property or issuance of building permit, the landowner shall record with the local County Register of Deeds a plat with metes and bounds descriptions of all wooded areas.
3. For lots located within areas designated “New Urban” by the Swift Creek Land Management Plan, the regulations of Sec. 9.1.9.A. above apply with the exception that only 25% of each lot must contain an area set aside for trees.
4. For lots located within a conservation development, areas set aside for trees may in lieu of being situated on the individual dwelling lots may instead be located within the required open space, provided that the overall acreage set aside for trees is not diminished.
5. The requirements of this section do not apply to lots devoted exclusively to stormwater control measures or to those lots located in those areas of the Comprehensive Plan designated for impervious surfaces in excess of 30%.
6. For lots used for governmental water and wastewater treatment plants, the requirements of this section apply, however only 15% of each lot must contain an area set aside for trees.

1. Applicability
   1. Any tree disturbing activity, except a minor tree removal activity, on sites 2 acres and larger in size that do not have an established or recorded tree conservation area shall meet the requirements of this section.
   2. Nothing in this section shall prevent the otherwise lawful grading and installation of streets, utilities or other improvements shown on an approved subdivision plan or site plan.
   3. All applicable laws, including soil erosion and sedimentation control and tree protection regulations, must be obeyed. No champion tree, including its critical root zone, is subjected to any tree disturbing activity.
2. Tree Protection Plan Required
   1. A tree protection plan must be approved by the Parks and Cultural Resources Director for all applicable tree protected areas.
   2. Tree protection fences must be in place prior to the issuance of any City permit and prior to engaging in any tree disturbing activity.
3. Perimeter Buffers
   1. No tree disturbing activity, except a minor tree removal activity, shall occur within a 32-foot wide perimeter buffer when the adjoining or adjacent property is vacant.
   2. No tree disturbing activity, except a minor tree removal activity, shall occur within a 65-foot wide perimeter buffer when the adjacent property is roadway other than a Thoroughfare or is not vacant.
   3. No tree disturbing activity, except a minor tree removal activity, shall occur within a 50-foot wide perimeter buffer when the adjoining or adjacent property is a Thoroughfare or higher designation roadway.
   4. No trees 10 inches DBH or larger can be removed, with the exception that a maximum of 5 trees between 10 inches and 22 inches DBH may be removed within the 32-foot wide buffer, the 65-foot wide buffer or 50-foot wide Thoroughfare buffer, within a continuous 5-year period, with a permit issued by the City, provided that such tree removal would not diminish future tree conservation areas that may be required, all as shown on a report submitted to Development Services Department.
   5. In lieu of protecting perimeter buffers, tree conservation areas may be designated in conjunction with an approved development plan, or an approved forest management plan, provided that all tree conservation areas are shown on recorded plats.
4. Forest Management Activity Allowed
   1. Forest management activity is allowed in the perimeter buffers provided that the landowners first record with the local County Register of Deeds a covenant running with and binding the land stating: "That forest management operations were initiated within regulated perimeter buffers of the real property on ____________ (date and year) and that pursuant to State Law, no building permit, site plan or subdivision plan will be approved by the local governing authority for a period of 5 years following harvesting completion date."
   2. A copy of this covenant recorded with the local County Register of Deeds shall be provided to the to the City.
   3. The allowable hours of operation any given day are between 7 AM and 8:30 PM, other than emergency work for the preservation of public health or safety.
   4. Access ways through perimeter buffers shall not exceed 25 feet in width and all construction entrances of the access ways must be constructed in accordance with the latest City "Guidelines for Land-Disturbing Activities" or latest State of North Carolina "Erosion and Sediment Control Planning and Design Manual", whichever is more stringent.
   5. At least 1 access way shall be permitted and additional access ways may be allowed provided such additional access ways are justified by a North Carolina registered forester and additional access ways fronting the same roadway are spaced at least 1,000 feet apart.
5. Violations
   1. A violation of this section, where unlawful tree disturbing activity has occurred and trees and stumps are absent, shall subject the violator to a civil penalty equal to $1,000 for the first tree plus 35 cents of every square foot of unlawfully disturbed perimeter buffer.
   2. Where trees or stumps are present after unlawful tree disturbing activity has occurred, the civil penalty shall instead be calculated as $1,000 for the first tree plus $100 per diameter inch for any other tree or stump 3 inches diameter and larger.
   3. No civil penalty shall exceed 1/3 of the current land tax value of the entire site.
   4. The penalty shall be processed as set forth in Sec. 10.4.2. In addition to this civil penalty, within the unlawfully disturbed perimeter buffer, the land owner shall install one 2-inch caliper tree for each 200 square feet of all of the unlawfully disturbed perimeter buffer; provided that, in R-1 and R-2 no more than 15% of the acreage of the entire tract and no more 10% of the acreage of the entire tract of all other districts shall be planted.
   5. Prior to any replanting, the Parks, Recreation and Cultural Resources Director shall first approve a replacement planting and maintenance plan.
   6. The replanting areas shall be designated as tree conservation areas on plats with delineated metes and bounds descriptions recorded with the local County Register of Deeds, however, the replacement planting areas shall not count toward the tree conservation percentage requirements of Sec. 9.1.3. Following the recording of this plat, no tree disturbing activity shall take place within the designated tree conservation areas.
   7. When an unlawful tree disturbing activity violation has occurred, the Parks, Recreation and Cultural Resources Director may require active tree preservation measures instead of tree removal and replacement and the owner shall carry out the active tree preservation measures required.

1. Applicability
   Prior to any land disturbing activity or subdivision of land, stormwater control measures, watercourse buffers or both must be provided in conformity with the requirements of this Article.
2. Manual and Guidelines Incorporated
   1. The Raleigh Stormwater Management Design Manual along with the Guidelines for Land Disturbing Activities and amendments, on file in the City Clerk’s Office, is adopted by reference as part of this UDO.
   2. If the specifications of the above referenced adopted documents are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications in these documents.
3. Conflict of Laws
   1. This Article is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. The requirements of this Article are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law. Where any provision of this Article imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall control.
   2. Proposed development projects shall demonstrate compliance with the riparian buffer protection requirements set forth in 15A NCAC 02B .0610, .0611, .0612, and .0714.
4. Authority for Interpretation
   1. The Engineering Services Director and/or his or her designee has authority to determine the interpretation of this Article, as set forth in Sec. 10.2.14. Any person may request an interpretation of this Article by submitting a written request to the Engineering Services Director and/or his or her designee.
   2. Any appeal of the Engineering Services Director’s and/or his or her designee’s interpretation shall follow the procedures for appeals of administrative decisions, as set forth in Sec. 10.2.11.
5. Severability
   1. If the provisions of any section, subsection, paragraph, subdivision, or clause of this Article shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision, or clause of this Article.
6. Definitions
   1. ‘Built-upon area’ means impervious surface or partially impervious surface that significantly reduces and prevents natural infiltration of water into the soil. ‘Existing Built-Upon Area’ means built-upon area or impervious surface area that existed on a site prior to May 1, 2001. Built-upon area includes but is not limited to roofs, patios, balconies, decks, streets, parking areas, driveways, sidewalks and any concrete, stone, brick, asphalt or compacted gravel surfaces. The effective impervious coverage for certain surfaces listed below are as follows:
      1. Asphalt, concrete, crusher-run gravel, masonry, marl, wood and other impermeable surfaces that prevent land area from infiltrating stormwater are 100% impervious.
      2. Porous surfaces that permit direct infiltration of unconcentrated stormwater into ground areas which are prepared in accordance with plans approved by the City so that the first one-half inch of stormwater infiltrates into the ground are 70% through 10% impervious, depending on:
         1. Compaction;
         2. Condition of subgrade;
         3. Extent of land disturbance;
         4. Extent of porous openings;
         5. Protection from siltation and clogging;
         6. Slope of the ground area; and
         7. Volume of stormwater stored.
      3. Slatted wood decks that allow the drainage of water through the slats to an unpaved surface below are 50% impervious. If the area covered by the deck is washed gravel, the deck is 30% impervious.
      4. Ungraveled natural footpaths, water surfaces of swimming pools and drainfields are 0% impervious.
      5. All other necessary determinations about impervious surfaces will be based on hydrological tests based on existing subgrade soils, slope, rainfall intensity and rainfall duration.
   2. ‘Common Plan of Development’ means a site where multiple separate and distinct development activities may be taking place at different times on different schedules but governed by a single development plan regardless of ownership of the parcels. Information that may be used to determine a ‘common plan of development’ include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings, zoning requests, and infrastructure development plans.
   3. ‘Development’ means any land-disturbing activity that increases the amount of built-upon area or that otherwise decreases the infiltration of precipitation into the subsoil. When additional development occurs at a site that has existing development, the built-upon area of the existing development shall not be included in the density calculations for additional stormwater control requirements, and stormwater control requirements cannot be applied retroactively to existing development, unless otherwise required by federal law.
   4. ‘Existing Development’ means those projects that are built or those projects that have established a vested right under North Carolina law as of May 1, 2001.
   5. ‘Owner’ means any legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. ‘Owner’ shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of ‘owner’ under another description in this definition, such as a management entity.
   6. ‘Primary Stormwater Control Measure’ means a wet pond, stormwater wetland, infiltration system, sand filter, bioretention cell, permeable pavement, green roof, rainwater harvesting, or an approved new stormwater technology that is designed, constructed and maintained in accordance with the North Carolina Department of Environmental Quality Stormwater Minimum Design Criteria.
   7. ‘Redevelopment’ means any land-disturbing activity that does not result in a net increase in built-upon area and that provides greater or equal stormwater control to that of the previous development.

1. Exemptions
   Subject to the additional runoff controls required in Sec. 9.2.2.E.3 and the impervious surface limitations and other regulations of subsection A.4 below, the following are exempt from the active stormwater control measures required by Sec. 9.2.2:
   1. Grandfathered Lots
      1. Defined
         Any lot which was either recorded prior to May 1, 2001 (the first application of the Stormwater Management Ordinance) or lawfully recorded later as part of a subdivision approved prior to May 1, 2001. Such grandfathering shall apply only to compliance with this Article.
      2. Use Standards
         1. A grandfathered lot of one acre or less, including grandfathered lots that are recombined with other grandfathered lots, used for any detached house or tiny house used for single-unit living or any attached house, tiny house or two unit townhouse development used for two- unit living, including accessory uses and is not part of a larger common plan of development approved after May1, 2001.
         2. A grandfathered lot of greater than one acre, including lots that are recombined with other grandfathered lots, used for any detached house used for single-unit living or any attached house used for two- unit living, including accessory uses that is not part of a larger common plan of development approved after May 1, 2001 and with less than 5% built-upon area coverage in development or expansion of existing development.
         3. A grandfathered lot of one-half acre or less that has not been altered to be larger than one-half acre in size, used for any other lawful use requiring a site plan and is not part of a larger common plan of development approved after May 1, 2001.
   2. Subdivided Lots
      1. Defined
         A lot created by a subdivision approved after May 1, 2001.
      2. Use Standard
         1. Any detached house or tiny house used for single-unit living or any attached house used, tiny house or two unit townhouse development used for two-unit living, including their accessory uses, situated on a subdivided lot that was part of a subdivision of one acre or less in aggregate size, including subdivided lots that are recombined with other similar subdivided lots and are not part of a larger common plan of development approved after May 1, 2001.
         2. Any other lawful use requiring a site plan situated on a subdivided lot that was part of a subdivision of one-half acre or less in aggregate size and is not part of a larger common plan of development approved after May 1, 2001.
   3. Other Exemptions
      1. Existing development or redevelopment shall be exempt from the provisions of this Article.
      2. Substitution of built-upon area when all the standards of Sec. 10.3.4.E are met.
      3. Substitution of built-upon area with approved pervious surfaces.
      4. Except as otherwise allowed in 15A NCAC 02B .0711(4)(f) and .0712, agricultural activities are not exempt from Article 9.2.
   4. Impervious Surfaces Limitations and Other Regulations
      1. Lots exempted by subsections A.1 or A.2 above shall be subject to Sec. 9.2.2 et seq. when the applicable maximum impervious surface area of the lot exceeds:
         Zoning District Maximum Percentage of Impervious Surface Coverage

         R-1	20%
         R-2	25%
         R-4	38%
         R-6	51%
         R-10 and all other base zoning districts	65%

         
         Where the lot is part of a cluster unit development or townhouse development or planned development approved prior to May 1, 2001, the imputed acreage of the lot shall be calculated by combining the individual lot area with the pro rata lot portion of 85% of the common open space shown on recorded plats of the development.
         
         Notwithstanding the impervious surface limitations of this subsection, any lot with either an existing detached house used for single-unit living or an existing attached house used for two-unit living shall be entitled to a one-time 400 square foot increase of impervious surface area without providing the additional stormwater control measures required by this subsection. This one-time exemption shall only be allowed if the qualifying structure (i) existed prior to the application of this ordinance, and (ii) the qualifying structure exists when the one- time exemption is applied to the property. However, the exemption once used shall remain with the property even if the qualifying structure is later demolished, voluntarily or involuntarily, from the property. This exemption, if not used, shall be inapplicable if the qualifying structure is voluntarily demolished from the property.
         Editor’s Note: This ordinance was first applied on November 27, 2016.
      2. The impervious surface limitations in this subsection may be exceeded if:
         1. It is demonstrated to the City that (with or without measures) the post-development volume of stormwater leaving the site is equal to or less than the volume of stormwater for the zoning district maximum percentage of impervious surface coverage allowed under subsection a. during the 90th percentile storm. For lots where the existing impervious surface area already exceeds the zoning district maximum percentage of impervious surface coverage limitations listed in subsection a. above, the post-development volume must be equal to or less than the volume of stormwater for the 90th percentile storm for the existing conditions; or
         2. It is demonstrated to the City that (with or without measures) the flood level difference between the pre-development and post-development conditions for the 2-, 10-, 25-, 50- and 100-year storm events is equal to or less than 0.04 foot rise.
      3. For any property owner installing any measure to comply with subsection b.1 or b.2 above, the following additional requirements shall apply:
         1. The property owner must submit an annual inspection report to the Stormwater Management Division of the Engineering Services Department. The inspection report shall contain all of the following:
            1. a) The name and address of the property owner;
            2. b) A statement that an inspection was made of all required stormwater control facilities and/or required open space area;
            3. c) The date of the inspection;
            4. d) A statement that all inspected stormwater control facilities and/or open space areas are performing properly and are in compliance with the approved stormwater control plan, the applicable maintenance manual required by Sec. 9.2.2.D.2 and the Raleigh Stormwater Management Manual. No sampling of pollutant loading is required as part of the inspection;
            5. e) Current photographs of the stormwater control facilities and/or open space areas;
            6. f) The original signature of the owner;
            7. g) All inspection reports shall be on forms supplied by the City beginning from the date of the as-built certification under Sec. 9.2.2.D.3 and each year thereafter on the anniversary date of the certification.
         2. On lots with measures, prior to issuance of a building permit, or recordation of a subdivision plat, whichever first shall occur, the property owner shall deed an access easement and temporary construction easement to the benefit of the City of Raleigh. The easements shall be in the form of a deed that the property owner records in the County in which the property is located. A copy of this recorded deed shall be provided to the Development Services Department.
2. Nitrogen Reduction
   1. General Requirements
      1. Any new development or expansion of existing development shall not contribute a nitrogen export load exceeding 3.6 pounds per acre per year.
      2. The nitrogen loading standards in this Article are supplemental to, not replacements for, stormwater standards otherwise required by federal, state or local law, including without limitation any riparian buffer requirements applicable to the location of the development.
      3. The project area used for nutrient calculation and stormwater requirements shall be the site area less any existing built-upon area.
      4. The project density used for determining stormwater requirements shall be the amount of the built-upon area subject to this Article at project completion divided by the project area.
      5. A project with existing development may use the calculation method in Sec. 9.2.2.B.1.d. or shall have the option of calculating project density as the total built-upon area for the site divided by the total site area.
      6. The developer shall determine the nitrogen load and loading rate generated from the project area without stormwater control measures and determine the needed nitrogen load reduction to meet nutrient targets by using the approved accounting tool.
      7. Stormwater control measures shall be designed to control and treat the volume of runoff generated from all built-upon area by one inch of rainfall or equivalent runoff volume.
      8. Stormwater runoff from off-site areas and existing development shall not be required to be treated in the stormwater control measure. Runoff from off-site areas or existing development that is not bypassed shall be included in the sizing of the on-site stormwater control measure at its full built-out potential.
      9. When new built-upon area is added to existing development or existing development is replaced with new built-upon area, only the area of net increase shall be subject to this Article.
      10. Compliance with stormwater control master plan must include the installation within the development of all stormwater control measures shown on the stormwater control master plan, payment of fees in lieu of installation, when allowed by the City and payment of any applicable drainage fees.
      11. Stormwater control measures shown on the stormwater control master plan for a new development or expansion of existing development that are demonstrated to control stormwater on a runoff volume basis will be deemed to meet the nitrogen export load requirement, provided that the post-development volume of stormwater leaving the site is equal to or less than the pre-development volume of stormwater leaving the site based on the 90th percentile storm. For the purpose of meeting this requirement for new development sites, the pre-development land cover must be assumed to be forested for the entire development site. For expansion of existing development, any built-upon area added as part of the expansion of existing development must be assumed to be forested in the pre- development condition. In any case, output from appropriate Nutrient Sensitive Waters methodology shall be provided to the City for purposes of recordkeeping and reporting.
   2. Methods to Meet Nutrient Control Requirements
      Projects subject to this Article shall meet nitrogen loading targets through a combination of the following methods:
      1. Projects may reduce export of nitrogen through any combination of stormwater control measures treating runoff on the site, in an approved off-site regional stormwater control measure, or through the acquisition of permanent nutrient off-set credits. The development shall calculate the nitrogen reduction provided by these controls using the approved accounting tool.
         1. Projects with less than or equal to 24% built-upon area may meet nutrient target rates entirely by nutrient off-sets.
         2. Projects with greater than 24% built-upon area shall provide onsite stormwater treatment or shall use dedicated offsite regional stormwater control measures for stormwater treatment covering multiple otherwise unrelated projects. Stormwater control measures shall be designed to control and treat volume of runoff generated from all built-upon area by one inch of rainfall or equivalent runoff volume in one or more primary stormwater control measure. Nutrient reduction needs not achieved following treatment requirements can be covered with nutrient off-sets.
      2. Proposed development undertaken by a local government solely as a public road expansion or public sidewalk project, or proposed development subject to the jurisdiction of the Surface Transportation Board, may meet nitrogen reduction needs for the project entirely through the use of permanent nutrient off-set credits pursuant to the Nutrient Offset Credit Trading Rule, 15A NCAC 02B .0703.
   3. Nutrient Off-set Credits
      The nitrogen export load limitations for a development may be off-set through a payment made to the North Carolina Riparian Buffer Restoration Fund or private mitigation bank. The payment shall be based on the latest fee adopted by the State and shall meet the following requirements.
      1. For subdivisions with an approved stormwater control plan, all payments shall be made prior to issuance of a land disturbance permit. Where no land disturbance permit is required, fees shall be due prior to recording of the plat. For all other developments, payments shall be paid to the North Carolina Riparian Buffer Restoration Fund prior to the issuance of applicable development permits.
      2. Excess permanent nutrient off-set credits acquired beyond what is required for the development shall not be applied to any other development. Stormwater Control Permits
3. Stormwater Control Permits
   1. No development, expansion of existing development or the placement built-upon area, may occur on a site without an issued stormwater control permit from the City.
   2. No stormwater control permit may be approved until a stormwater control plan is first approved by the City in accordance with Sec. 9.2.2.D.
   3. No stormwater control permit may be issued except in strict conformity with the provisions of this Article, the Raleigh Stormwater Management Design Manual.
   4. No stormwater control permit may be issued until the boundaries of any watercourse buffer, riparian surface water buffer or transitional protective yard in a -MPOD, -UWPOD, -FWPOD or -SWPOD or CM District and permanently protected undisturbed open space areas which are adjacent to or encompass a work site are clearly and accurately demarcated by a protective fence in the field. Protection measures must be field verified by a Professional Land Surveyor.
   5. The stormwater control permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including stormwater control measures and elements of the site design for stormwater management other than stormwater control measures.
4. Stormwater Control Plans
   1. General Requirements
      1. Stormwater control plans must be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect. The engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence and shall verify that the design of all stormwater control measures and practices meet the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in adopted documents per Sec. 9.2.1.B., and that the design and plans ensure compliance with this Article.
      2. Stormwater control plans shall be submitted by the landowner, a lessee or person holding an option or contract to purchase or lease land, or an agent of the landowner.
      3. All parts of a stormwater control plan, including data calculation, design and installation of stormwater control measures and devices shall be in compliance with the Raleigh Stormwater Control and Watercourse Buffer Manual.
      4. Stormwater control plans must show how nitrogen reduction and stormwater runoff control requirements are being met and how watercourse buffers are being protected.
      5. A surety equal to 125% of the cost of construction of a stormwater device shall be paid to the City prior to permit issuance. If the amount of built-upon area for the bonded area exceeds 15%, the City may cash the surety.
   2. Maintenance Manual and Budget
      1. The stormwater control plan must be accompanied by a stormwater operations maintenance manual and budget.
      2. Prior to either grading any portion of the development or submitting construction drawing plans of any applicable stormwater control facility to the City, whichever event first occurs, a stormwater operations maintenance and budget shall be submitted to Engineering Service.
      3. The maintenance manual shall contain a narrative describing each installed measure and device and its design specifications.
      4. The maintenance manual shall describe which lots are served by each device.
      5. The maintenance manual shall indicate for each installed measure and device what operation and maintenance actions are needed and what specific quantitative criteria will be used to determine when these actions will be taken. The area considered shall include the stormwater conveyance system, perimeter of the device, inlet(s), pretreatment measures, main treatment area, outlet, vegetation and discharge point.
      6. The maintenance manual must indicate the steps that will be taken to restore a measure or device to the design specifications if a failure occurs.
      7. The maintenance manual must contain a statement about the expected repair life of each stormwater control facility and a replacement schedule derived by dividing the initial construction cost of each stormwater control facility by the expected life of that stormwater control facility.
      8. The maintenance manual shall require the owner to maintain, repair and, if necessary, reconstruct the stormwater control measure(s), and shall state the terms, conditions, and schedule of maintenance for the stormwater control measure(s).
      9. The maintenance manual shall be signed by the owner and notarized. The owner shall keep maintenance records and these shall be available upon the request of the City.
      10. The budget shall include annual costs such as routine maintenance, periodic sediment removal and replenishment of rip-rap, insurance premiums associated with the stormwater control facilities, taxes levied against the stormwater control facilities, mowing and reseeding, replacing vegetation as necessary and required inspections.
   3. As-Built Plans and Certification
      Stormwater control plans must be followed by as-built plans certified under seal, that the stormwater control measures and devices and their installation are in compliance with the Raleigh Stormwater Management Design Manual and the City- approved or modified stormwater control plan. No certificate of compliance or occupancy may be issued by the City without approved as-built plans, except where multiple units are served by the stormwater control measure(s), in which case the City may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and approved by the City. At a minimum, the as-built plans must contain the following information:
      1. The name and address of the land owner;
      2. The final design specifications for all stormwater control measures and practices;
      3. The field location, size, depth, and planted vegetation (when applicable) of all stormwater control measures and devices, as installed;
      4. The recorded book and page number of the lot of each require stormwater control facility and required open space area;
      5. A statement that all inspected stormwater control facilities and open space areas are in compliance with the approved stormwater control plan, the applicable maintenance manual required and the Raleigh Stormwater Management Design Manual; and
      6. The original signature and seal of the engineer, surveyor or landscape architect.
5. Stormwater Runoff Controls
   1. Runoff Limitation
      1. After May 1, 2001, the peak stormwater runoff leaving any site for the two-year and 10-year storms shall be no greater at every point of discharge for post-development conditions than pre-development conditions. The same methodologies used to calculate stormwater runoff must be used for both pre-development and post-development conditions.
      2. For any denuded area on sites between 5 and 15 acres in size the peak stormwater runoff leaving the site at each discharge point for the two year storm and 10-year storm shall be no greater during construction than for pre-development conditions. For any land disturbing activity on sites, greater than 15 acres in size the peak stormwater runoff leaving the site at each discharge point for the two-year storm, 10-year storm and 25-year storm shall be no greater during construction than for pre-development conditions. However, this regulation shall not be applicable when the development site conforms to all of the following:
         1. The disturbed acreage is less than 5 acres; and
         2. The two-year peak discharge for the disturbed condition, for all points of discharge, is less than 10% of the peak discharge from the contributing watershed as measured at the nearest receiving watercourse.
   2. Exemptions
      The stormwater runoff control requirements do not apply to sites with any of the following conditions.
      1. The development complies with the stormwater control master plan approved for its drainage basin.
      2. The increase in peak stormwater runoff between pre-development and post-development conditions for the two-year and 10-year and 25-year storms is 10% or less at each point of discharge.
      3. The maximum built-upon area coverage of the lot, including any existing built-upon area surfaces, is no more than 10% and the remaining pervious portions of the lot are utilized to convey and control the stormwater runoff of the lot to the maximum extent practical. In the that the site is subsequently subdivided, reduced by recombination or the built-upon area is equal to or exceeds 15% the site may no longer be exempt.
      4. Compliance with Sec. 9.2.2.E.1. above, would result in greater adverse downstream impact, such as local flooding, as determined by City approved engineering studies.
      5. Compliance with the 10-year storm and 25-year storm runoff limitations in Sec. 9.2.2.E.1. above results in no benefit to current and future downstream development, as determined by City-approved engineering studies.
   3. Additional Runoff Controls
      The City may require the installation of stormwater runoff control measures for projects without any stormwater measures present when the benchmarks contained in the subsections a. through d. below are applicable. The City reserves the right to require additional stormwater runoff control measures for projects which are compliant with Sec. 9.2.2.A or Sec. 9.2.2.E.1. above, if stormwater runoff from the site could cause adverse effects on other properties including, without limitation, public streets, greenways and utility easements.
      1. As part of an application for rezoning, subdivision or site plan for sites at or upstream of documented structural flooding cases, the applicant shall submit a stormwater impact analysis to the Engineering Services Director.
      2. This requirement does not extend to sites initially zoned and added to the territorial coverage of as a result of annexation, extraterritorial jurisdictional expansion or otherwise or application of any overlay district.
      3. The stormwater impact analysis shall look at the flood level differences between pre-development and post-development conditions for the 25-, 50- and 100-year storm events. If the analysis shows an increase greater than 0.04 feet between pre-development and post-development flood levels at the site of structural flooding then mitigation to predevelopment flood conditions will be required to prevent further damage to the affected property.
      4. In the case where the area of the subject property is less than 5% of the drainage area, measured to the location of the documented structural flooding, then this analysis shall not be required.
      5. In the event flood levels are increased, then the affected property owners will be notified in writing of any increase by the applicant.
6. Preservation of Open Space Areas
   1. Open Space Areas Preserved
      1. Areas designated on approved stormwater control plans as open space to be used for complying with this Article shall be preserved and protected.
      2. The only activities allowed in designated open space areas are those activities allowed by the approved stormwater control plan or allowed in riparian surface water buffers under Title 15A North Carolina Administrative Code Article 2B, section .0233, as amended from time to time. Determinations required by the North Carolina Administrative Code shall be made by the City.
      3. No work in open space areas shall proceed without a written protected watercourse buffer permit from the City.
      4. Permanently protected undisturbed open space areas identified on stormwater control plans shall be recorded on plats recorded with the County Register of Deeds and clearly delineated with a fence.
   2. Exchange of Open Space Areas
      Open space areas may not be subdivided or conveyed by the owner. However, nothing in this section shall prevent the mortgaging and hypothecating of open space areas; provided the mortgage applies to all portions of the tract and not just the open space areas, the mortgagee is informed that the open space areas are used for complying with the requirements of the Article and the rights of the mortgagee are subordinated to the rights of any property owner association and its members. Furthermore, nothing shall prevent the exchanging of open space areas for other properties when all of the following are met:
      1. If the open space area is owned by a homeowners' association, written notice of the exchange is given to each member of the association except in cases where the exchange is done to eliminate an encroachment;
      2. After the notice is given, if required, the owner of the open space area approves the exchange;
      3. The exchanged properties and other considerations are of like value and utility
      4. The acreage and configuration of the remaining open space area including real property to be received in such exchange equal or exceeds the requirements of the City Code; and
      5. The exchange is approved by the Engineering Services Director.
7. Maintenance of Stormwater Control Measures and Devices
   1. General Requirements
      1. The land owner or person in possession or control of the land shall maintain all on-site stormwater control facilities and all open space areas required by the approved stormwater control plan unless those facilities and open space areas are accepted for maintenance by a governmental agency.
      2. The land owner entitled to the exclusive use of an off-site drainage easement for one or more stormwater control facilities not accepted for maintenance by a governmental agency shall maintain said stormwater control facilities.
   2. Maintenance Covenant
      For off-site stormwater control facilities and all other stormwater control facilities which serve more than 1 lot that are not accepted for maintenance by a governmental agency, the developer shall execute and record with the local county register of deeds office a maintenance covenant. The maintenance covenant shall be on an approved City form, with the contents described below.
      When a stormwater control facility benefits a lot owned by a unit of government, alternate compliance to the Maintenance Covenant may be allowed. This alternate compliance must be in the form of a written agreement and must, to the satisfaction of the Engineering Services Director, address maintenance responsibilities, cost sharing, the City’s right to assess the property, and rights of access to the City. The alternate compliance described herein shall not relieve any lot owner of any other applicable provisions of this UDO.
      1. Location of Stormwater Control Facilities and Drainage Easements
         1. A description of portions of property where stormwater control facilities are located as well as a description of the location of all private drainage easements conveying stormwater to and from the development to the facilities.
         2. A process for relocating private drainage easements, with any relocation to require the prior written consent of the City.
      2. Easement Rights of Lot Owners
         A statement that owners of properties that will be served by the stormwater control facilities are:
         1. Granted perpetual, irrevocable and non-exclusive easement rights and privileges to use, construct, install, inspect, replace, reconstruct, repair and maintain those stormwater control facilities including the right to access those stormwater control facilities, private drainage easements and other portions of the development as reasonably necessary to perform the granted easement rights; and
         2. The granting of perpetual, irrevocable and non-exclusive easement rights and privileges to transport, store and discharge stormwater to and from the stormwater control facilities.
      3. City Easement/Right of Entry/No City Responsibility
         1. i. A grant from the developer, the association (if any) and the lot owners to the City of a permanent non-exclusive irrevocable easement over the lots, stormwater control facilities and private drainage easements for inspection, maintenance, repair, construction, installation, re-construction, replacement and other work on, in and over the stormwater control facilities.
         2. A grant from the developer, the association (if any) and the lot owners to the City of a permanent, irrevocable, nonexclusive right of ingress, egress and regress over and across all public or private easements on the property and through all access easements benefitting the developer, association (if any) and the lot owners through any adjacent properties, including but not limited to private roads, for inspection, maintenance, repair construction, installation, reconstruction, replacement and other work on the stormwater control facilities. The rights granted to the City shall include employees, agents and contractors of the City of Raleigh. The grant of these rights does not obligate the City to exercise them or to take any other action.
      4. Stormwater Operations and Maintenance Manual and Budget
         A stormwater operations and maintenance manual and budget conforming to Sec. 9.2.2.D.2. shall be attached to and incorporated into the maintenance covenant as an exhibit.
      5. Insurance
         The party responsible for maintenance of the stormwater control facilities shall, as part of the routine costs and expenses of maintaining any stormwater control facility, procure and maintain in full force and effect liability insurance in an amount not less than $1,000,000 of coverage.
      6. Standards of Maintenance for Stormwater Control Facilities
         A statement that stormwater control facilities shall be maintained in accordance with the attached stormwater operations and maintenance manual and budget and at all times, the stormwater control facilities shall comply with all applicable laws, ordinances, regulations, rules and directives of governmental authorities and that the stormwater control facilities shall perform as designed.
      7. Responsibility for Stormwater Control Maintenance
         1. A statement that the property owners' association or a designated commercial lot owner, shall be responsible for all stormwater control facilities in accordance with the attached stormwater operations and maintenance manual and budget.
         2. A statement that the failure to maintain any stormwater control facility in accordance with the terms of the maintenance covenant and this UDO is a violation of the City Code, potentially subjecting each lot owner subject to the maintenance covenant to significant daily civil penalties and other enforcement actions.
      8. Stormwater Control Facilities Maintained by an Association
         1. If a property owners' association is delegated maintenance responsibilities for the stormwater control facilities, then membership into the association shall be mandatory for the owner of each parcel served by the facility, such membership shall be appurtenant to the parcel and shall run with ownership of the parcel.
         2. The property owners' association shall have the power to levy assessments for the operation and maintenance of the stormwater control facilities and all unpaid assessments levied by the association shall become a lien on the individual parcel.
         3. The calculation of the assessment charge shall be set forth in a subsequent recorded document.
         4. Any property owners’ association responsible for maintenance of stormwater control facilities shall be established in accordance with N.C. Gen. Stat., Chapter 47C and Chapter 47F and the property owners’ association declaration (or equivalent) shall conform to all applicable provisions of the City Code.
         5. The common expenses of the property owners' association shall include, without limitation, costs and expenses for operation and maintenance of stormwater control facilities, all costs for insurance premiums and any other costs listed in the stormwater operations maintenance manual and budget.
      9. Stormwater Control Facilities Maintained by a Commercial Lot Owner
         1. If a commercial lot owner is responsible for the maintenance of the stormwater control facilities, said owner is responsible for making all repairs and replacements of the stormwater control facilities in accordance with the construction drawings approved by the City.
         2. Each owner of a parcel served by the stormwater control facility shall be subject to an assessment charge levied by the designated responsible lot owner.
         3. The assessment charge shall include, without limitation, the actual costs for repairing and maintaining the stormwater control facility, all costs for insurance premiums associated with the stormwater control facility, all costs of required inspections of the stormwater control facility and any other costs listed in the stormwater operations maintenance manual and budget.
         4. The calculation of the assessment charge shall be set forth in a subsequent recorded document.
         5. Any assessment charge levied against a lot and remaining unpaid for a period of 30 days after the payment due date shall be delinquent and shall constitute a default of this covenant entitling the lot owner responsible for maintenance of the stormwater control facilities to bring an action at law against the defaulting party plus interest charges, together with all costs and expenses of collection incurred, including, without limitation, court costs and reasonable attorney fees actually incurred.
         6. Each parcel owner served by the stormwater control facility shall have the right to maintain, repair and replace the facility if, after 45 days written notice, the commercial lot owner responsible for maintenance, repair and replacement fails to faithfully discharge its responsibility.
         7. The parcel owner performing any maintenance or repair of the facility shall have the same rights as the designated commercial lot owner to assess all other parcels served by the stormwater control facility.
         8. At any time, the commercial lot owner responsible for the maintenance of stormwater control facility may assign its responsibilities and rights to a property owners’ association established in accordance with N.C. Gen. Stat., Chapter 47C and Chapter 47F. In such instance, the owners of the parcels served by the stormwater control facility shall be members of the property owners’ association.
      10. City Right to Maintain and Repair Stormwater Control Facilities and City’s Right of Reimbursement
          1. If the stormwater control facilities are not performing adequately or as intended or are not properly maintained or replaced, the City, in its sole discretion, may, after written notice sent to the lot owners and any association, enter the development and perform such construction, installation, repair, reconstruction, replacement and maintenance of the stormwater control facilities as is necessary to remedy the situation.
          2. If the City undertakes the activities listed above, the City shall be fully reimbursed for its costs of inspecting, monitoring, designing, constructing, repairing, reconstructing, replacing and/or installing the stormwater control facility or facilities. Such costs shall include the City’s costs of administration, overhead, contracting and public advertising.
          3. In addition to any other rights the City has to be reimbursed for its costs, the City may levy an assessment against each lot served by the noncompliant stormwater control facility. No assessment will be levied by the City without prior notice to affected lot owners. Any unpaid assessment levied by the City shall be, as allowed by law, a lien against the delinquent lot.
      11. City’s Right To Private Assessments
          1. In addition to all of the remedies set forth herein, if the City has not been fully repaid for the work the City performed on any stormwater control facility owned, in fee or easement, by either a property owners' association or a commercial lot owner with the power to assess lot owners for maintenance of the stormwater control facility, the property owners' association and the private commercial lot owner shall assign to the City their right to receive common expense assessments, including stormwater assessments.
          2. The association and private commercial lot owner shall designate and appoint the City as attorney in fact for the expressed and limited purpose of assessing and pursuing collection of such unpaid reimbursement owed to the City.
          3. No assignment of assessment rights shall become effective without 60 days prior written notice to the applicable private commercial lot owner, property owners' association and its members.
      12. Action for Specific Performance
          1. That, recognizing the consequences to the City of noncompliance with the obligations of the maintenance covenant, the City shall have the right to seek, in any court of appropriate jurisdiction, judicial action for specific performance of any of the obligations and remedies established in this maintenance covenant.
          2. The rights of the City within the maintenance covenant shall not limit any other remedies or enforcement options available to the City under the maintenance covenant, the City Code or State law.
      13. No Public Adoption
          1. A statement that the City’s exercise of its rights under this maintenance covenant, its abatement of public nuisance or its repair of unsafe structures shall not constitute adoption of any stormwater control facility by the City.
          2. A statement that the legal authority of the City is not intended to impede or prohibit the property owners' association or lot owners from taking all necessary actions to inspect, maintain, repair, replace and reconstruct stormwater control facilities so that they function safely, perform the function for which they were created and comply with the provisions of this maintenance covenant and the City Code.
      14. City’s Right of Non-Action
          A statement that the maintenance covenant shall not obligate the City to monitor, maintain, repair, reconstruct, install or replace any stormwater control facility or measure and that the City shall not be liable for the condition or operation of stormwater control facilities.
      15. Governmental Functions; Superseding Regulations
          1. A statement that nothing contained in the maintenance covenant shall be deemed or construed to, in any way, stop, diminish, limit or impair the City from exercising or performing any regulatory, policing, legislative, governmental or other powers or functions.
          2. A statement that the maintenance covenant shall not restrict or prevent the application of later adopted ordinances or other enactments which may supplement or supersede the provisions of the maintenance covenant.
      16. Joint and Several Liability
          1. A statement that each lot owner served by one or more stormwater control facilities is jointly or severally responsible for repairs, replacement and maintenance of the stormwater control facilities, including payment of any unpaid ad valorem taxes, public assessments for improvements and unsafe building and public nuisance abatement liens charged against the stormwater control facility and/or the lots served by the facility, including all interest charges thereon, together with all cost and expenses of collection incurred, such as, without limitation, court costs and attorney’s fees incurred.
          2. The maintenance covenant shall establish a right of contribution in favor of each owner who pays more than the owner’s pro rata share of costs and expenses against all other owners whose real property is served by the same stormwater control facility.
          3. A statement that pro rata sharing may be established either by maintenance assessment provisions for stormwater control facilities in subsequently recorded documents or by dividing the acreage of such owner’s portion of the real property served by the stormwater control facilities by the total acreage of the portion of the development served by the same stormwater control facility when no maintenance assessment covenants apply to the property.
          4. A statement that failure to maintain the stormwater control facilities in accordance with the terms of the maintenance covenant and the City Code is a violation of the City Code potentially subjecting each parcel owner subject to the maintenance covenant to significant daily civil penalties and other enforcement actions.
      17. Permanently Protected Undisturbed Open Space Areas
          A statement that within permanently protected undisturbed open space areas there shall be no land-disturbing activity, no tree disturbing activity, no placement of impervious surface, no removal of vegetation, no encroachment or no construction or erection of any structure shall occur except in accordance with a permit first being issued by the City.
      18. Severability
          The sections, paragraphs, sentences, clauses and phrase of the maintenance covenant are severable and if any phrase, clause, sentence, paragraph or section of the maintenance covenant is declared invalid by a valid judgment, order or decree of any court of competent jurisdiction, such invalidity shall not affect the remaining phrases, clauses, sentences, paragraphs and sections of the maintenance covenant.
      19. Completion and Recording of Maintenance Covenant Form
          1. The maintenance covenant shall be binding on all current and subsequent owners of property served by the stormwater control facilities. To protect the interests of the City and the public at large, any existing deed of trust, mortgage or lien encumbering the property, other than tax liens for the current tax year or governmental improvement assessments, must be subordinated to the maintenance covenant.
          2. Prior to recording the maintenance covenant, the attorney who prepared the maintenance covenant shall certify in writing to the City that the maintenance covenant was prepared on a City form that contains all the contents required by Sec. 9.2.2.G.2. Certifications shall be on forms approved by the City and shall accompany the maintenance covenant forms.
          3. The maintenance covenant shall be recorded with the local county register of deeds office immediately following the recording of any new lot served by the stormwater control facility or prior to the issuance of any building permit for any existing lot except for improvements made pursuant to Chapter 8. Subdivision & Site Plan Standards The maintenance covenant must be the first encumbrance recorded subsequent to the recording of the subdivision plat.
          4. A recorded copy of the maintenance covenant shall be given to the Engineering Services Department within one business day following recordation. No building permit shall be issued for the property subject to the maintenance covenant until a recorded copy of the maintenance covenant is provided to the Development Services Department.
   3. Payment to Stormwater Facility Replacement Fund
      1. At the time of either recording a subdivision plat or issuance of a building permit for a lot not established by subdivision, whichever event first occurs, the developer shall pay to the City a stormwater facility replacement fund payment, which payment shall equal 24% of the estimated cost of constructing all stormwater control facilities shown on applicable development plans.
      2. The purpose of the stormwater replacement fund is to ensure that adequate funds are available to the City for the maintenance, repair replacement and reconstruction of stormwater control facilities required by this UDO. Funds expended from the stormwater facility replacement fund shall be used only for the repair, maintenance, reconstruction and/ or replacement of stormwater control facilities, together with the costs incurred by the City associated with any work and/or redesign of the facilities.
      3. No funds from the stormwater facility replacement fund shall be used for administration of this fee program. Monies collected from the stormwater replacement fund may be spent for maintenance, repair, reconstruction and replacement of any stormwater control facility required by this UDO and located within the City limits or its extraterritorial jurisdiction.
      4. Payments collected by the City pursuant shall be kept separate from other revenues of the City. Any funds on deposit not immediately necessary for expenditure shall be invested as allowed in N.C. Gen. Stat. §159-30; all income derived shall be deposited in the separate account and may only be used for repair, maintenance, reconstruction and replacement of stormwater control facilities together with the costs incurred by the City associated with any work or redesign of the facilities.
      5. Monies expended from the stormwater facility replacement fund, together with interest, may be recouped by the City from lot owners served by stormwater control facilities maintained, repaired, reconstructed and replaced by the City or its contractors. All recouped monies and interest shall be returned to the stormwater facility replacement fund.
      6. The payment of stormwater facility replacement fees is not intended as a substitute for security to ensure the construction of the facilities, which security may be required at such point in the development process as specified in City ordinances and policies.
8. Annual Inspections and Inspection Report Required
   The responsible party for maintenance of the stormwater control measures or devices must submit an annual inspection report from a qualified registered North Carolina professional engineer, surveyor or landscape architect to the Engineering Services Department. The inspections report shall contain all of the following:
   1. The name and address of the land owner;
   2. The recorded book and page number of the lot of each required stormwater control facility and required open space area;
   3. A statement that an inspection was made of all required stormwater control facilities and open space areas;
   4. The date of the inspection;
   5. A statement that all inspected stormwater control facilities and open space areas are performing properly and are in compliance with the approved stormwater control plan, the applicable maintenance manual required by Sec. 9.2.2.D.2. and the Raleigh Stormwater Control and Watercourse Buffer Manual. No sampling of pollutant loading is required as part of the inspection;
   6. The original signature and seal of the engineer, surveyor or landscape architect; and
   7. All inspection reports shall be on forms supplied by the City. An original inspection report shall be given to the Development Services Department beginning from the date of the as-built was first certified under Sec. 9.2.2.D.3. and each year thereafter on the anniversary date of the certification.

1. Natural Resource Buffers
   1. General Rules for All Natural Resource Buffers
      Natural resource buffers are intended to provide an area where stormwater flows in a diffuse manner so that the stormwater runoff does not become channeled and infiltration of the stormwater and filtering of pollutants can take place. The following rules apply to all required natural resource buffers.
      1. Natural resource buffers shall be delineated on recorded final subdivision plats or at the time of development of the property.
      2. The City Council may reduce the width of natural resource buffers when it determines that the extent of the natural resource buffer yard will deprive the landowners of reasonable use of their property.
      3. The width of the natural resource buffer shall be measured perpendicularly to the flow of the watercourse and horizontally from the edge of the watercourse banks. When no watercourse banks exist, the centerline of the watercourse shall be used.
      4. Open space requirements for Conservation Development and Compact Development (Sec 2.5), and Planned Development (Sec. 4.7) may receive an open space bonus if the site exceeds the minimum natural resource buffer requirement. The open space bonus shall be based on a sliding scale factor from 0.9 (10% greater than required buffer) to 0.5 (100% greater than required buffer). The open space credit factor shall be determined as follows: (Area of required natural resource buffer)/(Area of proposed natural resource buffer) = Credit Factor. See required buffer area in Section 2.5.2.A.2. This credit factor may be multiplied times the required open space area and may meet up to 50% of Conservation Development, Compact Development, and Planned Development open space requirements. This bonus does not apply to open space requirements in Section 9.2, Stormwater Management.
   2. Falls Watershed Protection Overlay District, Swift Creek Watershed Protection Overlay District and Conservation Management District Watercourse Buffers
      Natural resource buffers shall be established along primary and secondary watercourses in a -FWPOD, -SWPOD or CM District.
      1. Primary Watercourse Natural Resource Buffers
         Natural resource buffers along primary watercourses must meet the following standards.
         1. The buffer must be a minimum of 60 feet wide along each side of any watercourse draining 25 or more acres.
         2. The buffer must be a minimum of 35 feet wide along each side of any watercourse draining 5 or more acres but less than 25 acres.
         3. The buffer must be a minimum of 35 feet wide along each side of any watercourse which is a stream draining less than 5 acres.
         4. In the event that the property or subdivision contains impervious surface lot coverage in excess of 24% in a secondary reservoir watershed protection area, the buffer shall be no less than 100 feet wide along each side of the watercourse.
      2. Secondary Watercourse Natural Resource Buffers
         Unless part of a primary watercourse natural resource buffer, the secondary watercourse natural resource buffers consists of one or more of the following:
         1. Lands within special flood hazard areas (SFHAs) that adjoin primary watercourse natural resource buffers; or
         2. Lands with slopes 15% or greater, adjoining a primary watercourse natural resource buffers or a SFHA.
   3. Metro-Park Overlay District Watercourse Buffers
      Natural resource buffers shall be established as primary tree conservation areas pursuant to Sec. 5.2.2.C.2. and Article 9.1. Tree Conservation along primary and secondary watercourses in a -MPOD. Required tree conservation areas shall meet the following standards.
      1. The primary tree conservation area must be a minimum of 50 feet wide along each side of any watercourse draining 25 or more acres.
      2. The primary tree conservation area must be a minimum of 25 feet wide along each side of any watercourse draining 5 or more acres but less than 25 acres.
   4. Urban Water Supply Watershed Protection Overlay District Watercourse Buffers
      Natural resource buffers shall be established along primary and secondary watercourses in a -UWPOD. Required natural resource buffers shall meet the following standards.
      1. A minimum 30 foot wide natural resource buffer is required for all perennial waters indicated on the most recent versions of USGS 1:24,000 (7.5 minute) scale topographic maps.
      2. A minimum 100-foot wide natural resource buffer is required for all new development activities that exceed:
         1. Two dwelling units per acre or 20,000 square foot lot excluding roadway right-of-way; or
         2. 24% lot coverage for all other residential and nonresidential development.
      3. Within -UWPOD, these natural resource buffers do not apply to:
         1. New detached houses on a nonconforming lot of record;
         2. Expansion of existing development of on lots containing detached houses; and
         3. Activity in a single development that disturbs less than 1 acre.
2. Uses Allowed Within Natural Resource Buffers
   No development, expansion of development or change in use may occur within a required natural resource buffer except as allowed below.
   1. Property outside of a riparian water surface buffer, but situated within a required natural resource buffer, shall comply with all of the following.
      1. Driveways and vehicular surface areas, not including public streets, are allowed; provided that, all of the following are met:
         1. Any crossing is as close to perpendicular as practicable and insures minimal impact to the surrounding buffer; and
         2. The driveway or vehicular use area does not constitute more than 40% of the front yard area of any detached house.
      2. Fences, walls, statuary, monuments, fountains or signs shall be located outside any primary watercourse buffer.
      3. Garden crops involving cultivation shall be located outside any primary watercourse buffer.
      4. Greenways, sidewalks and walkways shall be located outside of a primary watercourse buffer and meet the requirements of Sec. 9.2.3.C.2. or shall be unpaved.
      5. New drainage ditches, roadside ditches and stormwater outfalls shall meet the requirements of Sec. 8.8.2.and Sec. 9.2.3.C.2.
      6. Playground equipment on single-unit or two-unit living lots.
      7. Ponds, stormwater management ponds, reservoirs, provided that, the standards of Sec. 9.5.1.C., Sec. 9.5.2.C.or Sec. 9.5.3.C. are met.
      8. Public streets, provided that the standards of Sec. 9.3.8., Sec. 9.3.9. and the Raleigh Street Design Manual are met.
      9. Railroad crossings.
      10. Stormwater control facilities and stormwater outfalls shall meet the requirements of Sec. 9.2.3.C.2. if there is no feasible alternate location.
      11. Utility lines.
          1. Non-electric utility lines are allowed, but if located in a -UWPOD,-FWPOD, -SWPOD or CM District, the utility lines must meet the standards of Sec. 9.2.3.C. if situated within a primary watercourse buffer area.
          2. Underground electrical utility lines are allowed, but if located in a -UWPOD, -FWPOD, -SWPOD or CM District, the underground utility lines must meet the standards of Sec. 9.2.3.C. if situated within a primary watercourse buffer area.
          3. Overhead electric utility lines are allowed, but if located in a -UWPOD, -FWPOD, -SWPOD or CM District, the overhead utility lines must meet the standards of Sec. 9.2.3.C. if situated within a primary watercourse buffer area.
      12. With the exception of any display area or any gasoline pump island, accessory structures and uses are allowed within a secondary watercourse of a -FWPOD, -SWPOD or CM District, provided that the following standards are met.
          1. i. No land-disturbing activity for any allowed use shall affect more than 12% of the portion of a lot within a secondary watercourse natural resource buffer.
          2. Land-disturbing activity on slopes between 15% and 20% may occur no closer than 80 feet to the edge of a watercourse.
          3. Land-disturbing activity on slopes greater than 20% may occur no closer than 95 feet to the edge of a watercourse.
          4. Upon a recommendation of the Stormwater Management Advisory Commission and approval by the City Council, land-disturbing activities may exceed the standards above; provided that the person submitting the request shows that the potential for stormwater infiltration within a site, the control of stormwater velocity and the restriction of sedimentation both during and after construction are equal to or greater than that which would have been achieved following standards in this Article. The applicant must also show that maintenance provisions are made to maintain the level of infiltration, velocity control and sedimentation on the site.
   2. Property located within a riparian water surface buffer and within a required natural resource buffer, must also comply with Title 15A of the North Carolina Administrative Code Subarticle 2B, section .0233, as amended from time to time.
   3. Property located inside of a riparian water surface buffer and outside a required natural resource buffer is subject to Title 15A of the North Carolina Administrative Code Subarticle 2B, section .0233, as amended from time to time.
3. Regulations Applied to Uses Allowed in Watercourse Buffers
   1. Regulations Applying to All Natural Resource Buffers
      Persons who install utility mains shall submit a plan to the City proving that sediment loss during and after installation is less than would have been achieved if other locations outside the buffer were used.
   2. Regulations Applying to Both Primary and Secondary Buffer Areas
      1. Stormwater Control Facilities in Primary or Secondary Areas
         Stormwater control facilities may be allowed within a primary or secondary area only if the following requirements are met:
         1. The constructed uses within the buffer area require the use of such facilities;
         2. The provisions of Sec. 9.4.4.G.4. require facilities in the buffer area;
         3. A wet pond is required by Sec. 9.5.1., Sec. 9.5.2.or Sec. 9.5.3.; or
         4. A lake or wet pond is created or preserved.
      2. Stormwater Control Facilities in Required Buffers
         Stormwater control facilities may be allowed within required buffer areas only if the following requirements are met.
         1. The velocity of the stormwater shall not exceed a non-erodible velocity, according to Sec. 9.4.4.G.3., beyond the outlet of the storm control facilities.
         2. Trees over 2-inch DBH which:
            1. a) Would be destroyed by installation of storm control facilities, but not including lakes or wet ponds;
            2. b) Lie within the greater distance of either a 7-foot radius or 1 foot in diameter for each inch of circumference of the tree measured from the outer edge of the grading limits of a storm drainage project shall be replaced by 1 new tree planted in the same general location, all to achieve the same effect as shown on an approved site plan. The planting must be a minimum caliper of 2 inches and be at least 8 feet tall at time of planting; and
            3. c) This provision shall not require trees to be planted on cleared land forming the basin of a wet pond or lake.
         3. Stormwater control facilities, which are permitted in the primary and secondary buffer area, shall comply with Sec. 9.5.1.C., Sec. 9.5.2.C. or Sec. 9.5.3.C.
4. Diffuse Stormwater Flow Required
   1. All stormwater runoff from new man-made stormwater control facilities, including new ditches or canals, which flow into a watercourse natural resource buffer or into riparian surface water buffer shall be diffused flow so as not to concentrate stormwater or form gullies.
   2. Diffuse flow shall be maintained.
   3. The landowner or person in possession or control of the land shall be responsible for dispersing concentrated flow of stormwater runoff.
   4. The landowner shall take corrective action to prevent the formation of erosion gullies and the landowner shall take corrective action to restore diffuse flow.
   5. When diffuse flow is impractical to achieve, stormwater control facilities that attenuate the flow of stormwater runoff and control nitrogen may be approved by the City as an alternative means of compliance.
5. Watercourse Buffer Permits
   1. No development, expansion of development or change in use may occur on a lot containing a natural resource buffer or open space area required as part of an approved stormwater control plan, without first being issued a written watercourse buffer permit from the City.
   2. The City may not issue a watercourse buffer permit until the boundaries of any required natural resource buffer, riparian surface water buffer or permanently protected undisturbed open space areas that are adjacent to or encompass a work site are demarcated by a protective fence in the field.
   3. No watercourse buffer permit may be issued for work in a riparian surface water buffer regulated by the State pursuant to Title 15A of the North Carolina Administrative Code Subarticle 2B, Section .0233 unless:
      1. The North Carolina Division of Water Quality has determined that surface waters are not present;
      2. The applicant provides sufficient documentation to demonstrate that the requested work is exempt under the rule;
      3. The North Carolina Division of Water Quality has determined that the requested work is allowable with mitigation under the rule; or
      4. The North Carolina Environmental Management Commission has issued a variance under the rule.
   4. Before receiving a watercourse buffer permit, the applicant must present to the Engineering Services Department with a copy of the applicable determination of the North Carolina Division of Water Quality or a copy of the variance issued by the North Carolina Environmental Management Commission.

1. Agents and officials of the City shall have the right to inspect sites subject to the requirements of this Article to determine whether the measures, devices and open space areas required by this Article to control the rate and quality of stormwater are installed and operating as approved, whether such measures, devices and open space areas are being maintained and to determine if any encroachments or activities in any watercourse buffer area not permitted by this Article have occurred.
2. Notice of this right to make inspections shall be included in the stormwater control and watercourse buffer permits.
3. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties.

1. Civil Penalties
   1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues any activity for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be subject to the specific civil penalties set forth in Sec. 9.2.5.F.
   2. The penalties shall be assessed by the Engineering Services Department. The initial civil penalty shall be assessed from the date of the violation. No penalty shall be assessed until the person alleged to be in violation is served by registered mail, certified mail-return receipt requested, personal service notice of violation or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4.
   3. The notice shall specify a time by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply.
   4. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe runoff.
   5. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation. If, after the allotted time period has expired, corrective action has not been completed, the additional civil penalties shall be assessed from the date of the initial violation. Each day of continuing violation thereafter shall constitute a separate violation.
   6. The Engineering Services Department shall make written demand for payment upon the person in violation and shall set forth the amount of the penalty and the reason for assessing the penalty. Notice of the assessment shall be by registered or certified mail or any other means authorized under N.C. Gen. Stat. §1A-a, Rule 4. If the payment is not received within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty. Such civil actions must be filed within 3 years of the date the assessment was due.
2. Stop-Work
   1. A stop-work order may be issued if an activity is being conducted or was conducted in violation of this Article, any regulation, rule or order duly adopted pursuant to this Article or is being undertaken or continued for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan and that either:
      1. The activity is being conducted without an approved plan, a permit or both;
      2. The violation endangers life, property or both or that such endangerment is imminent; and
      3. The activity is being conducted without installing all protective measures and devices in accordance with the approved stormwater control plan.
   2. All stop-work orders shall be in writing served on and directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed.
   3. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violations have occurred and all measures necessary to abate the violations have been taken.
3. Criminal Penalties
   1. Any person who knowingly or willfully violates any provision of this Article, rule, regulation, order duly adopted or issued pursuant to this Article or who knowingly or willfully undertakes or continues an activity for which a stormwater control plan is required, except in accordance with the terms, conditions and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000 or both, in the discretion of the court.
4. Injunctive Relief
   1. Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Article, rule, regulation or order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved stormwater control plan, the City may, either before or after the institution of any other action or preceding authorized by this UDO, institute a civil action to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Wake County.
   2. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed or to prevent the threatened violation. The institution of an action for injunctive relief under this Subsection shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO.
5. Restoration
   1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues an activity except in accordance with the terms, conditions and provisions of an approved stormwater control plan is required to restore the waters, land and vegetation affected by the violation so as to minimize detrimental effects.
   2. The restoration plan shall first be approved by the City. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section. The owner of any land on which unauthorized tree clearing or tree damaging, in whole or in part has occurred within a watercourse buffer or within a permanently protected undisturbed open space area, shall re-stabilize the land and plant 9 inches of tree circumference for every 100 square feet of disturbed land area or disturbed vegetative area. All replacement trees shall be native woodland species. Any watercourse that has been unlawfully piped, relocated or otherwise unlawfully disturbed shall be re-established. These plantings shall be installed within the time limit specified by the Engineering Services Director. In setting the time limit for compliance, the Engineering Services Director shall take into consideration the quantity of work, planting season and the consequences of delay.
6. Specific Civil Penalties
   Civil penalties for specific violations of Article 9.2. Stormwater Management shall be assessed as follows.
   1. Work without a Permit
      $5,000 per day for failure to secure a valid required stormwater control permit or watercourse buffer permit prior to conducting any land-disturbing activity, any development or expansion of existing development, any placement of built-upon area or impervious surfaces or any new use or construction.
   2. Failure to Follow Plan
      $3,000 per day for failure to conduct a land-disturbing activity, placement of built-upon area or impervious surfaces, development or expansion of existing development in accordance with the provisions of an approved stormwater control plan.
   3. Failure to Maintain Stormwater Control Facilities
      $2,500 per day for failure to maintain stormwater control facilities.
   4. Failure to File Inspections Report
      $2,500 per day for failure to file required inspection report.
   5. Failure to Submit As-Built Plans
      $2,500 per day for failure to submit required as-built plans.
   6. Failure to Certify
      $2,500 per day for failure to certify that installed stormwater measures and devices are in compliance with the Raleigh Stormwater Control and Watercourse Buffer Manual and City approved the stormwater control plan, including modifications thereto approved by the City.
   7. Falsified Certification
      $3,000 for making a falsified certification.
   8. Failure to Record
      $2,500 per day for failure to record or timely record with the local register of deeds required plats identifying stormwater control facilities or required maintenance covenants or required escrow agreements.
   9. Failure to Revise Plan
      $2,500 per day for failure to file an acceptable, revised stormwater control plan within the established deadline after being notified of the need to do so.
   10. Failure to Correct a Violation
       $5,000 per day for failure to correct a violation within the time limitations established in a notice of violation.
   11. Failure to Obey a Stop-Work Order
       $5,000 per day for a violation of a stop-work order.
   12. Any other Action
       $2,500 per day for any other action or failure to act that constitutes a violation of the Article.
   13. Repeated Violation
       An additional civil penalty of $1,000 per day shall be charged to any person assessed a civil penalty for any violation of this Article within the prior 2 years. No initial civil penalty shall exceed $5,000; this limitation shall be inapplicable to continuous violations.

1. Any variance request or appeal of an administrative decision of a regulation contained within this Article must be presented before the Board of Adjustment. All procedural requirements of Sec. 10.2.10 and Sec. 10.2.11, respectively, shall apply.

1. Special Flood Hazard Areas (SFHAs) within the City’s planning jurisdiction are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures of flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in SFHAs causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by activities vulnerable to floods or hazardous to other lands which are inadequately elevated, floodproofed, or otherwise unprotected from
2. The purpose of SFHA regulations is to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to:
   1. Restrict or prohibit activities which are dangerous to health, safety, and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;
   2. Require that activities vulnerable to floods, including facilities which serve such activities, be protected against flood damage at the time of initial construction;
   3. Control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters;
   4. Control filling, grading, dredging, and other development which may increase erosion or flood damage; and,
   5. Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters, or which may increase flood hazards to other lands.
3. Specific objectives of flood damage prevention provisions are as follows:
   1. To protect human life and health;
   2. To minimize expenditure of public money for costly flood control projects;
   3. To minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;
   4. To minimize prolonged business losses and interruptions;
   5. To minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets, and bridges located in SFHAs;
   6. To minimize damage to private and public property due to flooding;
   7. To make flood insurance available to the community through the National Flood Insurance Program (NFIP);
   8. To maintain the natural and beneficial functions of SFHAs;
   9. To help maintain a stable tax base by providing for the sound use and development of SFHAs; and,
   10. To insure that potential home buyers are aware that property is in a SFHA.

1. A flood permit to develop in any regulated SFHA shall be required in conformance with the provisions of this Article and Sec. 11.4.1. prior to commencement of any development within a SFHA.
2. Unless otherwise exempt from compliance pursuant to Sec. 9.3.6. or Sec. 9.3.7., no structure or land shall hereafter be located, extended, converted, or structurally altered without full compliance with the terms of this Article and other applicable federal, state, and local regulations.

1. Types of Special Flood Hazard Areas
   There are three (3) primary SFHAs within the City.
   1. FEMA designated SFHA
      If FEMA designated SFHA boundaries overlap with the boundaries of another SFHA, FEMA designated SFHA boundary interpretations and standards shall prevail.
   2. Drainage Basin Study Maps
   3. Flood Hazard Soils
      A City accepted detailed boundary study shall supersede the boundaries of the flood hazard soils if the boundaries conflict.
2. Establishing Special Flood Hazard Areas
   1. FEMA Designated SFHA
      1. FEMA designated SFHAs are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its flood insurance study (FIS) and its accompanying FIRM for Wake County or Durham County, whichever is applicable.
      2. The most recent FEMA SFHA maps and FIRMs officially adopted by the State of North Carolina and/or FEMA, with accompanying supporting data, including Letters of Map Amendment or Revision, are adopted by reference and declared to be a part of the UDO. Copies of the effective versions of these maps shall be maintained for public inspection as provided in N.C. Gen. Stat. § 160D-105.
      3. FEMA SFHAs are areas that have the potential to be inundated with flood waters during the 100-year storm event or the 1% annual chance. These SFHAs include contributing drainage areas of at least 1 square mile (640 acres).
      4. FEMA designated SFHAs are divided into three (3) primary areas:
         1. Floodway areas;
         2. Floodway fringe areas; and
         3. Future conditions flood hazard areas.
   2. SFHA Based on Drainage Basin Study Maps
      1. SFHAs also include City prepared drainage basin studies. These studies are defined through standard engineering analysis by the City’s Engineering Services Department, but which have not been incorporated in the FIRM. This includes detailed flood information generated as a requirement of Sec. 9.3.3.B.1.a.
      2. Drainage basin studies are completed by the City (or their designee) and accepted by the City to produce maps that supplement the FIRMs. These drainage basin study maps use the same FEMA SFHA criteria but for contributing drainage areas of less than 1 square mile (640 acres) and at least 100 acres.
      3. The most recent drainage basin study maps approved by the City’s Engineering Services Department with accompanying supporting data are adopted by reference and declared to be part of the UDO.
      4. Drainage basin study maps designated SFHAs are divided into two (2) primary areas:
         1. Floodway areas; and
         2. Floodway fringe areas.
   3. SFHA Based on Flood Hazard Soils
      1. Flood hazard soils are illustrated on maps published in the Wake County or Durham County, North Carolina Soil Survey, whichever is applicable, prepared by the U.S. Soil Conservation Service and the North Carolina Agricultural Experiment Station. Flood hazard soil types are listed in the definition of flood hazard soils in Chapter 12, Definitions.
      2. Maps depicting flood hazard soils with all explanatory matter attached to them are adopted by reference and declared to be part of the UDO.
      3. Flood hazard soils SFHAs are divided into two (2) primary areas:
         1. Floodway areas; and
         2. Floodway fringe areas.

1. Regulatory Flood Protection Elevation
   The Regulatory Flood Protection Elevation (RFPE), fully defined in Chapter 12, is an elevation at which structures and uses within SFHAs are required to be elevated or floodproofed. If there is a conflict between the RFPE definition in Chapter 12 and the provisions of this Article, the definition in Chapter 12 shall control.
2. FEMA Designated SFHA
   1. The boundaries of FEMA SFHAs shown on the FIRMs are initially determined from information obtained from the U.S. Army Corps of Engineers and presented in the FIRMs and FIS by FEMA.
   2. These boundaries are based on the engineering data that most accurately reflects actual field and hydrologic conditions. Field and hydraulic conditions shall prevail over mapped boundaries shown on FIS profiles.
   3. In areas of official cross-sections, FEMA SFHAs boundaries shall be determined by scaling distances on the FIRMs. Where interpretation of the lateral location of scaled distances is needed to determine the actual field location of these boundaries, the Engineering Services Director and/or his or her designee is directed to make the necessary interpretation of FIRMs applying the following:
      1. The RFPE shall be the controlling factor in determining the location of the outer limits of the floodway fringe or future conditions flood hazard area boundaries; and
      2. Interpretations of floodway boundaries on FIRMs shall be based on the current procedures for interpreting floodways in accordance with FEMA guidelines.
   4. The RFPE for FEMA designated SFHAs is the BFE plus two (2) vertical feet.
   5. When BFE data or floodway data has not been established by FEMA in accordance with Sec. 9.3.3.B.1.b., the Floodplain Administrator and/or his or her designee must obtain, review, and reasonably utilize any BFE data and floodway data available from a federal, state, or other source, including data developed pursuant to Sec. 9.3.6.C. in order to administer the provisions of this Article.
3. SFHA Based on Drainage Basin Study Maps
   1. Upon approval by the Engineering Services Director and/or his or her designee, drainage basin study maps may supersede flood hazard soil maps or North Carolina licensed soil scientist (NCLSS) determinations. SFHA and flood elevation data shall be obtained from the most current drainage basin study maps or flood studies.
   2. The boundaries of SFHAs shown on drainage basin study maps are determined from information obtained or produced by the City as part of watershed master planning process.
   3. These boundaries are based on the engineering data that most accurately reflects actual field and hydrologic conditions. Field and hydraulic conditions shall prevail over mapped boundaries shown on drainage basin study maps.
   4. In areas of official cross-sections, drainage basin study map SFHA boundaries shall be determined by scaling distances between official cross sections. Where interpretation of the lateral location of scaled distances is needed to determine the actual field location of these boundaries, the Engineering Services Director and/or his or her designee is directed to make the necessary interpretation of drainage basin study maps applying the following:
      1. The RFPE shall be the controlling factor in determining the location of the outer limits of the floodway fringe or future conditions flood hazard area boundaries; and
      2. Interpretations of floodway boundaries on drainage basin study maps shall be based on the current procedures for interpreting floodways in accordance with FEMA guidelines.
   5. The RFPE for drainage basin study map designated SFHAs is the BFE plus two (2) vertical feet.
4. SFHA Based on Flood Hazard Soils
   1. The outer limits of flood hazard soils may be specifically described by metes and bounds or other means from detailed surveys of a property on which they lie.
   2. When flood hazard soils are present on a property and no encroachment is proposed within flood hazard soils, the extent of the flood hazard soils can be determined one of two ways:
      1. When the extent of the flood hazard soil(s) depicted on the published Wake County or Durham County Soil Survey, whichever is applicable, is not disputed by the applicant, the applicable soil data from the soil survey shall be utilized.
      2. When the extent of the flood hazard soil(s) depicted on the published Wake County or Durham County Soil Survey, whichever is applicable, is disputed by the applicant the outer limit of the flood hazard soil boundary shall be determined by the following:
         1. A NCLSS shall verify the presence and extent of the flood hazard soils on a property as depicted on the published Wake County or Durham County Soil Survey map, whichever is applicable.
            1. When flood hazard soils are present on the property the NCLSS must identify the extent of the flood hazard soils on the property by sealing a statement on a survey (completed by a registered land surveyor licensed in the State of North Carolina) of the property which shall include the RFPE, as further defined and outlined in Chapter 12, and one of the following criteria as applicable:
               1. When the watercourse associated with the flood hazard soil drains one (1) square mile or more, the RFPE shall be the outermost boundary elevation of the flood hazard soils plus five (5) vertical feet; or
               2. When the watercourse associated with the flood hazard soil drains less than one (1) square mile, the RFPE shall be the outermost boundary elevation of the flood hazard soils plus two (2) vertical feet.
            2. When it is determined by a NCLSS that flood hazard soils are not present on the property a report sealed by a NCLSS must be provided to the Floodplain Administrator and/or his or her designee with appropriate supporting evidence including, but not limited to, soil boring locations and soil profiles.
   3. When flood hazard soils are present on a property and an encroachment, including fill, is proposed within flood hazard soils the following shall apply:
      1. The floodway and floodway fringe boundaries shall be identified based upon a flood study provided by the property owner to the Floodplain Administrator and/or his or her designee which consists of an analysis and hydraulic routing methods used by the U.S. Army Corps of Engineers to establish FIRMs. These methods are contained in the FIS for Wake County or Durham County, whichever is applicable, as published by FEMA. Approved interpretations of flood hazard soils boundaries may be described by bearings and distances and drawn with elevations in mean sea level datum given for each cross-section used in the routing computations.
      2. If the property owner chooses not to complete a flood study the entire flood hazard soil area on the property as depicted on the Wake County or Durham County Soil Survey, whichever is applicable, shall be considered floodway and the provisions of Sec. 9.3.7.A. shall apply.
5. SFHA Boundary Interpretation Requests
   1.  If uncertainty exists with respect to SFHA boundaries, the property owner shall submit a written interpretation request to the Floodplain Administrator and/or his or her designee. The Engineering Services Director and/or his or her designee is authorized to interpret SFHA boundaries and shall do so pursuant to the methods for delineating SFHA boundaries set forth in this Article.
   2. Any appeal of the Engineering Services Director’s and/or his or her designee’s interpretation shall follow the procedures prescribed by law for appeals of administrative decisions, as set forth in Sec.10.2.11.
   3. All final interpretations of SFHA boundaries shall be described on a map(s) or plat(s), which shall then be filed with the Clerk of the Superior Court and with the Register of Deeds of Wake County or Durham County, whichever is applicable. The map(s) or plat(s) shall show the locations of all cross-sections, the elevation at the boundary of the floodway fringe areas, future conditions flood hazard area and flood storage area at the cross-section, the location of a benchmark used for vertical control, its elevation in reference to mean sea level datum, all SFHA boundaries and the source of the SFHA. The map(s) or plat(s) shall also bear the name, title, and professional seal of the person who supplied the survey and the calculation(s) as well as the date the interpretation was finalized, whether by the Engineering Services Director’s and/or his or her designee’s interpretation or appeal thereof.

1. General SFHA Standards
   Work permitted within all SFHAs shall meet the following general standards:
   1. The permitting and enforcement provisions set forth in Article 11.4, Enforcement Provisions.
   2. All new construction and substantial improvements shall be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure.
   3. All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage in accordance with the FEMA Technical Bulletin 2, Flood Damage-Resistant Materials Requirements (the most recent document shall be utilized).
   4. All new electrical, heating, ventilation, plumbing, air conditioning equipment, and other service facilities shall be designed and/or located at or above the RFPE to prevent water from entering or accumulating within the components during conditions of flooding. Such service facilities or equipment shall include, but are not limited to, HVAC equipment, ductwork, electric/gas meters panels/boxes, utility/cable boxes, appliances (washers, dryers, refrigerators, freezers, etc.), hot water heaters, and electric outlets/switches.
      1. When an existing service facility and/or equipment is proposed to be replaced and is part of a substantial improvement, the electrical, heating, ventilation, plumbing, air conditioning equipment, and/or other service equipment shall meet the above standards in Sec. 9.3.5.A.4.
      2. When an existing service facility and/or equipment is proposed to be replaced and is not part of a substantial improvement, the service facility and/or equipment may be installed at the original location provided the addition and/or improvements comply with the standards for new construction consistent with the City Code and requirements for the original structure.
   5. All new and replacement water supply systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
   6. All new and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters.
   7. All new and replacement on-site waste disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding.
   8. Nothing in this Article shall prevent the repair, reconstruction, or replacement of a building or structure existing on July 19, 2022 and located totally or partially within the floodway, non-encroachment area, or stream setback, provided there is no additional encroachment below the RFPE in the floodway, non-encroachment area, or stream setback, and provided that such repair, reconstruction, or replacement meets all of the other requirements of this Article and Article 11.4.
   9. No chemical storage facilities which store or process acetone, acetylene gas, ammonia, benzene, calcium carbide, carbon disulfide, celluloid, chlorine, gasoline, hydrochloric acid, hydrocyanic acid, magnesium, materials or fuel which are flammable or explosive, nitric acid, oxides of nitrogen, petroleum products, phosphorus, potassium, sodium, sulfur, or any other items which in time of flooding are buoyant or could be injurious to human, animal, or plant life are allowed in any SFHA.
   10. No new solid waste disposal facilities, hazardous waste management facilities, and salvage yards are allowed in any SFHA.
   11. All subdivision proposals and other development proposals shall be consistent with the need to minimize flood damage.
   12. All subdivision proposals and other development proposals shall have public utilities and facilities such as sewer, gas, electrical, and water systems located and constructed to minimize flood damage.
   13. All subdivision proposals and other development proposals shall have adequate drainage provided to reduce exposure to flood hazards.
   14. All subdivision proposals and other development proposals shall have received all necessary permits from those governmental agencies for which approval is required by federal or state law, including, but not limited to, Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
   15. For new construction and substantial improvements, when a structure is partially located within a SFHA, the entire structure shall meet the SFHA standards for new construction and substantial improvements.
   16. For new construction and substantial improvements, when a structure is in a flood hazard risk zone with multiple BFEs, the standards for the more restrictive flood hazard risk zone and the highest BFE shall apply.
   17. For new construction and substantial improvements, buildings and structures that are in more than one SFHA shall comply with the standards associated with the most restrictive SFHA.
2. Specific SFHA Standards
   Work permitted within all SFHAs shall meet the following specific standards:
   1. Residential Construction
      New construction and substantial improvement of any residential structure (including manufactured homes) shall have the reference level, including basement, elevated no lower than the RFPE and meet the provisions of Sec. 11.4.6 and this Article.
   2. Non-Residential Construction
      New construction and substantial improvement of any commercial, industrial, or other non-residential structure shall have the reference level, including basement, elevated no lower than the RFPE. Structures may be floodproofed to the RFPE in lieu of elevation provided that all areas of the structure, together with attendant utility and sanitary facilities, below the RFPE are watertight with walls substantially impermeable to the passage of water, using structural components having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered professional engineer or architect licensed in the State of North Carolina shall certify that the floodproofing standards of this Article and provisions of Sec. 11.4.6. are satisfied.
   3. Manufactured Homes
      1. All new and replacement manufactured homes placed within a SFHA shall be elevated so that the reference level of the manufactured home is no lower than the RFPE.
      2. All new and replacement manufactured homes placed within a SFHA shall be securely anchored to an adequately anchored foundation to resist flotation, collapse, and lateral movement, either by certified engineered foundation system, or in accordance with the most current edition of the State of North Carolina Regulations for Manufactured Homes adopted by the Commissioner of Insurance pursuant to N.C. Gen. Stat. § 143-143.15. Additionally, when the elevation would be met by an elevation of the chassis thirty-six (36) inches or less above the grade at the site, the chassis shall be supported by reinforced piers or engineered foundation. When the elevation of the chassis is above thirty-six (36) inches in height, an engineering certification signed and sealed by a professional engineer licensed in the State of North Carolina is required.
      3. For new and replacement manufactured homes placed within a SFHA, all enclosures or skirting below the lowest floor shall meet the requirements of Sec. 9.3.5.B.5.
      4. An evacuation plan must be developed for the evacuation of all residents of all new, substantially improved, or substantially damaged manufactured home parks or subdivisions located within a SFHA. This plan shall be filed with and approved by the Floodplain Administrator and the City Emergency Management coordinator.
   4. Recreational Vehicles
      Recreational vehicles placed within a SFHA shall either be for:
      1. Temporary placement and be on site for fewer than 180 consecutive days and be fully licensed and ready for highway use (a recreational vehicle is ready for highway use if it is on wheels or jacking system, is attached to the site only by quick-disconnect type utilities and security devices, and has no permanently attached additions); or
      2. Permanent placement and meet the requirements for new construction and permitting pursuant to Article 11.4, Enforcement Provisions.
   5. Elevated Buildings
      Fully enclosed areas of new construction and substantially improved structures within a SFHA, which are below the lowest floor:
      1. Shall not be designed or used for human habitation, but shall only be used for parking of vehicles, building access, or limited storage of maintenance equipment used in connection with the premises. Access to such enclosed areas shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or entry to living areas (stairway or elevator).
         The interior portions of such enclosed areas shall not be finished or partitioned into separate rooms, except to enclose storage areas;
      2. Shall not be temperature-controlled or conditioned;
      3. Shall be constructed entirely of flood resistant materials at least to the RFPE; and
      4. Shall include flood openings to automatically equalize hydrostatic flood forces on walls by allowing for the entry and exit of floodwaters. To meet this requirement, the openings must either be certified by a professional engineer or architect licensed in the State of North Carolina or meet or exceed the following minimum design criteria:
         1. A minimum of two (2) flood openings in at least two (2) sides of each enclosed area subject to flooding;
         2. The total net area of all flood openings must be at least one (1) square inch for each square foot of enclosed area below the RFPE;
         3. The bottom of all required flood openings shall be no higher than one (1) foot above the higher of the interior or exterior adjacent grade;
         4. Flood openings may be equipped with screens, louvers, or other coverings or devices, provided they permit the automatic flow of floodwaters in both directions; and
         5. Enclosures made of flexible skirting are not considered enclosures for regulatory purposes, and, therefore, do not require flood openings. Masonry or wood underpinning, regardless of structural status, is considered an enclosure and requires flood openings as outlined above.
   6. Additions/Improvements
      1. The following standards apply to additions and/or improvements to structures located entirely or partially within a SFHA:
         1. If the work proposed is not a substantial improvement, then only the addition and/or improvement shall comply with the standards for new construction as set forth in Sec. 9.3.5 and Sec. 11.4.6.
         2. If the work proposed is a substantial improvement, then both the existing structure and the addition and/or improvement shall comply with the standards for new construction as set forth in Sec. 9.3.5 and Sec. 11.4.6.
      2. The addition and/or improvement standards listed above do not apply to the following:
         1. Any project for improvement of a structure required to correct existing health, sanitary, or safety City Code violations identified by a City inspector and that are the minimum necessary to assume safe living conditions; or
         2. Any alteration of a historic structure provided that the alteration will not preclude the structure’s continued designation as a historic structure.
   7. Temporary Non-residential Structures
      Prior to the issuance of a flood permit for a temporary structure proposed to be placed within a SFHA, the following requirements must be met:
      1. All applicants must submit to the Floodplain Administrator and/or his or her designee prior to the issuance of the flood permit a plan for the removal of such structure(s) in the event of a hurricane or flash flood warning notification. The plan must include the following information:
         1. A specified time period for which the temporary structure will be permitted. Time specified may not exceed three (3) months, renewable up to one (1) year;
         2. The name, address, and phone number of the individual responsible for the removal of the temporary structure;
         3. The time frame prior to the event at which a structure will be removed (i.e., minimum of 72 hours before landfall of a hurricane or immediately upon any flood warning notification);
         4. A copy of the contract or other suitable instrument with the entity responsible for physical removal of the structure; and
         5. Designation, accompanied by documentation, of a location outside the SFHA, to which the temporary structure will be moved.
   8. Accessory Structures
      When new accessory structures (such as sheds and detached garages) are proposed to be placed within a SFHA, the following criteria shall be met:
      1. Accessory structures shall not be used for human habitation (including work, sleeping, living, cooking or restroom areas);
      2. Accessory structures shall not be temperature-controlled;
      3. Accessory structures shall be designed to have low flood damage potential;
      4. Accessory structures shall be constructed and placed on the property to offer the minimum resistance to the flow of floodwaters;
      5. Accessory structures shall be firmly anchored in accordance with Sec. 9.3.5.A.2.;
      6. All service facilities such as electrical shall be installed in accordance with Sec. 9.3.5.A.4.; and
      7. Flood openings to relieve hydrostatic pressure during a flood shall be provided below the RFPE in conformance with Sec. 9.3.5.B.5.d.
   9. Tanks
      When gas and liquid storage tanks are proposed to be placed within a SFHA, the following criteria shall be met:
      1. Underground Tanks
         Underground tanks in a SFHA shall be anchored to prevent flotation, collapse, or lateral movement resulting from hydrodynamic and hydrostatic loads during conditions of the design flood, including the effects of buoyancy assuming the tank is empty.
      2. Above-Ground Tanks, Elevated
         Above-ground tanks in a SFHA shall be elevated to or above the RFPE on a supporting structure that is designed to prevent flotation, collapse, or lateral movement during conditions of the design flood. Tank-supporting structures shall meet the foundation requirements of the applicable SFHA.
      3. Above-Ground Tanks, Not Elevated
         Above-ground tanks that do not meet the elevation requirements of Sec. 9.3.5.B.2. shall be permitted in SFHAs provided the tanks are designed, constructed, installed, and anchored to resist all flood-related and other loads whether such tanks are empty or contain contents, including the effects of buoyancy, during conditions of the design flood and without release of contents in the floodwaters or infiltration by floodwaters into the tanks.
      4. Tank Inlets and Vents
         Tank inlets, fill openings, outlets, and vents shall be:
         1. At or above the RFPE or fitted with covers designed to prevent the inflow of floodwater or outflow of the contents of the tanks during conditions of the design flood; and
         2. Anchored to prevent lateral movement resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy, during conditions of the design flood.

1. FEMA Floodway and FEMA Non-Encroachment Area Standards
   Areas designated as FEMA floodways or FEMA non-encroachment areas are located within SFHAs. These floodways and non-encroachment areas are extremely hazardous areas due to the velocity of flood waters which carry debris and potential projectiles and have erosion potential. The following provisions shall apply within such areas:
   1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
      1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator and/or his or her designee prior to issuance of flood permit; or
      2. A Conditional Letter of Map Revision (CLOMR) has been approved by FEMA. A Letter of Map Revision (LOMR) also must be obtained within six (6) months of completion of the proposed encroachment.
   2. If Sec. 9.3.6.A.1. is satisfied, all proposed development within FEMA floodways and FEMA non-encroachment areas shall comply with Sec. 11.4.6. and all applicable flood hazard reduction standards in Sec. 9.3.5.
   3. Provided they are not otherwise restricted activities per Sec. 9.3.6.A.1., the following structures and activities are allowed within FEMA floodway and FEMA non- encroachment areas.
      1. General farming, pasture, outdoor plant or nurseries, horticulture, forestry, wildlife sanctuary, game preserves and other similar agricultural wildlife and related activities.
      2. Lawns, yards, gardens, parking areas, play areas and other similar uses.
      3. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, greenways, bikeways, hiking or horseback-riding trails, botanical gardens, open space and other similar private and public recreational activities.
      4. Any other activity not employing a structure and not subject to floating away during a flood.
      5. Any activity employing a structure, provided all portions of any structure, including foundation and supports, shall be located outside the floodway area and that any structure which overhangs the floodway is elevated above the depth of the 500-year flood.
   4. Legally permitted structures existing and lying within a FEMA floodway or FEMA non- encroachment area may be repaired, improved, strengthened and enlarged; provided that no construction is permitted which will:
      1. Enlarge the foundation area of the structure within the floodway or nonencroachment area;
      2. Increase the bulk of the building or structure within the floodway below the base flood or future conditions flood level; or
      3. Enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates.
2. FEMA Floodway Fringe and FEMA Future Conditions Flood Hazard Area Standards
   Areas designated as FEMA floodway fringe or FEMA future conditions flood hazard areas are located within SFHAs. The following provisions shall apply to such areas:
   1. New development applications received after July 19, 2022 proposing development within FEMA floodway fringe areas and FEMA future conditions flood hazard areas are subject to the FEMA Floodway and FEMA Non-Encroachment Area Standards in Sec. 9.3.6.A., unless they qualify for exempt status under Sec. 9.3.6.B.1.a.
      1. New development within the FEMA floodway fringe or FEMA future conditions flood hazard areas are exempt from Sec. 9.3.6.B.1. if one of the following applies:
         1. Any lot 0.5 acre or less in size which was recorded prior to July 19, 2022.
         2. Any lot with existing development that is not subdivided or created by subdivision after July 19, 2022.
         3. Any lots that each individually fall under i. or ii. above may be recombined and maintain exempt status regardless of the size of the lot created.
      2. A variance to Sec. 9.3.6.B.1. may be sought by an applicant following the procedures prescribed in Sec.10.2.10.
   2. New development within the FEMA floodway fringe and FEMA future conditions flood hazard areas must comply with Sec. 9.3.5., Sec. 11.4.6. and the following:
      1. When a structure is constructed on fill and the lowest floor is above the RFPE, the top of the fill shall be no lower than one (1) foot below the RFPE and shall extend in all directions at least fifteen (15) feet beyond the limits of the structure.
      2. Open storage materials subject to floating away during a flood must be placed on fill at least one (1) foot above the RFPE.
   3. For all lots recorded prior to July 19, 2022 or for lots with new development applications received after July 19, 2022 which are exempt lots per Sec.9.3.6.B.1.a., the lot coverage may not exceed 50% of the portion of the FEMA floodway fringe or FEMA future conditions flood hazard areas on that lot, with the following exceptions:
      1. Any lot ½ acre or less in size which was recorded prior to May 2, 2006;
      2. Activities allowed in FEMA floodways or FEMA non-encroachment areas as outlined in Sec. 9.3.6.A.3.; or
      3. Existing or approved structures, for which a building permit has been issued prior to July 19, 2022 are subject to the following:
         1. In the event of damage to such a structure which requires a substantial improvement of said structure, the structure may be repaired or rebuilt with one of the following administrative approvals:
            1. a) An administrative approval by the Floodplain Administrator and/or his or her designee, if all the following are met:
               1. The land use existing at the time of the flood or other casualty remains the same;
               2. The use existing at the time of the flood or other casualty remains the same;
               3. There is no rise in the BFE or, if there is any rise in the BFE, as determined by a flood study identifying upstream and downstream structures that will be impacted, it will:
                  1. Not raise the levels of the base flood or future conditions flood onto impacted structures; and
                  2. Not redirect velocities of water onto impacted structures.
            2. An administrative approval by the Floodplain Administrator and/or his or her designee for any redevelopment that does not increase the flood elevation and that decreases the bulk of an existing building or structure below the BFE or future conditions flood level by at least 25% of the portion exceeding 50% of the FEMA floodway fringe or FEMA future conditions flood hazard areas. Any additional fill or material being added as a part of the redevelopment shall be included for calculation of the bulk of the proposed redevelopment. A written request for an administrative approval shall be submitted to the Floodplain Administrator and/or his or her designee.
      4. Notwithstanding the preceding exceptions, a variance from the 50% lot coverage threshold in Sec. 9.3.6.B.3. may be sought by an applicant following the procedures prescribed in Sec.10.2.10.
3. Standards for FEMA Designated SFHAs without FEMA Established BFEs and/or Floodways
   If development is proposed within a FEMA designated SFHA established in accordance with Sec. 9.3.3.B.1., where no BFE data has been provided by FEMA on the FIRM, the following provisions, in addition to the provisions of Sec. 9.3.5., shall apply:
   1. No encroachments, including fill, new construction, substantial improvements or new development shall be permitted within a distance of twenty feet (20’) each side from top of bank or five times the width of the stream whichever is greater, unless certification with supporting technical data by a registered professional engineer licensed in the State of North Carolina is provided to the Floodplain Administrator and/or his or her designee demonstrating that such encroachments shall not result in any increase in flood levels during the occurrence of the base flood discharge.
   2. The BFE used in determining the RFPE shall be determined based on the following criteria:
      1. When BFE data is available from other sources, all new construction and substantial improvements within areas without FEMA established BFEs shall comply with all applicable provisions of this Article and shall be elevated or floodproofed in accordance with the standards in Sec. 11.4.6. and Sec. 9.3.5.
      2. When data is available from a federal, state, or other City-accepted source for unestablished FEMA floodway and non-encroachment areas all new construction and substantial improvements within these floodway and non-encroachment areas established from available data shall comply with the requirements of Sec. 9.3.6.A.
      3. All subdivision, manufactured home park and other development proposals shall provide BFE data if development is greater than five (5) acres or has more than fifty (50) lots/manufactured home sites. Such BFE data shall be adopted by reference in accordance with Sec. 9.3.3.B.1. and utilized in implementing this Article.
      4. When BFE data is not available from a federal, state, or other Cityaccepted source as outlined above, the reference level shall be elevated or floodproofed (nonresidential) to or above the RFPE. All other applicable provisions of Sec. 9.3.5. shall apply.

1. Drainage Basin Study and Flood Hazard Soils Floodway Standards
   The following provisions shall apply to those areas designated as floodways based on drainage basin studies or flood hazard soils:
   1. No encroachments, including fill, new construction, substantial improvements, and other developments shall be permitted unless:
      1. It is demonstrated that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood discharge, based on hydrologic and hydraulic analyses performed in accordance with standard engineering practice and presented to the Floodplain Administrator and/or his or her designee prior to issuance of flood permit.
   2. If Sec. 9.3.7.A.1. is satisfied, all proposed development shall comply with all applicable flood hazard reduction standards in Sec. 9.3.5.
   3. Provided they are not otherwise restricted activities per Sec. 9.3.7.A.1., the following structures and activities are allowed within drainage basin study and/or flood hazard soils-based floodway.
      1. General farming, pasture, outdoor plant or nurseries, horticulture, forestry, wildlife sanctuary, game preserves and other similar agricultural wildlife and related activities.
      2. Lawns, yards, gardens, parking areas, play areas and other similar uses.
      3. Golf courses, tennis courts, driving ranges, archery ranges, picnic grounds, parks, greenways, bikeways, hiking or horseback-riding trails, botanical gardens, open space and other similar private and public recreational activities.
      4. Any other activity not employing a structure and not subject to floating away during a flood.
      5. Any activity employing a structure, provided all portions of any structure, including foundation and supports, shall be located outside the floodway area and that any structure which overhangs the floodway is elevated above the depth of the 500-year flood.
   4. Legally permitted structures existing and lying within a drainage basin study and/or flood hazard soil-based floodway may be repaired, improved, strengthened and enlarged; provided that no construction is permitted which will:
      1. Enlarge the foundation area of the structure within the floodway;
      2. Increase the bulk of the building or structure within the floodway below the base flood; or
      3. Enlarge the surface area perpendicular to the direction of flow of the watercourse to which the floodway relates.
2. Drainage Basin Study and Flood Hazard Soils Floodway Fringe Standards
   The following provisions shall apply to those areas designated as floodway fringe based on drainage basin studies or flood hazard soils:
   1. New development within the drainage basin study and/or flood hazard soils-based floodway fringe must comply with Sec. 9.3.5., Sec. 11.4.6. and the following:
      1. When a structure is constructed on fill and the lowest floor is above the RFPE, the top of the fill shall be no lower than one (1) foot below the RFPE and shall extend in all directions at least fifteen (15) feet beyond the limits of the structure.
      2. Open storage materials subject to floating away during a flood must be placed on fill at least one (1) foot above the RFPE.
   2. The lot coverage of any lot may not exceed 50% of the portion of the drainage basin study and/or flood hazard soils-based floodway fringe on that lot, with the following exceptions:
      1. Any lot ½ acre or less in size which was recorded prior to May 2, 2006;
      2. Activities allowed in drainage basin study and flood hazard soils-based floodways as outlined in Sec. 9.3.7.A.3.; or
      3. Existing or approved structures, for which a building permit has been issued prior to July 19, 2022 shall be subject to the following:
         1. In the event of damage to such a structure which requires a substantial improvement of said structure, the structure may be repaired or rebuilt with one of the following administrative approvals:
            1. a) An administrative approval by the Floodplain Administrator and/or his or her designee if all the following are met:
               1. 1) The land use existing at the time of the flood or other casualty remains the same;
               2. 2) The use existing at the time of the flood or other casualty remains the same;
               3. 3) There is no rise in the BFE or, if there is any rise in the BFE, as determined by a flood study identifying upstream and downstream structures that will be impacted, it will:
                  1. Not raise the levels of the base flood or future conditions flood onto impacted structures; and
                  2. Not redirect velocities of water onto impacted structures.
            2. b) An administrative approval by the Floodplain Administrator and/or his or her designee for any redevelopment that does not increase the flood elevation and that decreases the bulk of an existing building or structure below the BFE by at least 25% of the portion exceeding 50% of the floodway fringe. Any additional fill or material being added as a part of the redevelopment shall be included for calculation of the bulk of the proposed redevelopment. A written request for an administrative approval shall be submitted to the Floodplain Administrator and/or his or her designee.
      4. Notwithstanding the preceding exceptions, a variance from the 50% lot coverage threshold in Sec. 9.3.7.B.2. may be sought by an applicant following the procedures prescribed in Sec.10.2.10.

1. All streets and driveways or any bridge or culvert associated with any street or driveway, crossing a watercourse, shall be designed and constructed in accordance with City standards.
2. Street crossings of natural resource buffer yards shall be as close to a perpendicular angle as possible.
3. Any street, driveway, bridge or culvert associated with any street or driveway, which is located in a SFHA draining less than one (1) square mile and not shown on a FEMA map or located outside a SFHA, may either increase the flow levels and area of flooding of the 10 through 100 year frequency floods or redirect floodwaters if the following is met:
   1. Copies of recorded flood easements or flood easements on recorded plats adequate to contain the increased flow levels are first submitted to the City; and
   2. Land areas contained within the easement boundaries shall be delineated as flood storage areas.
4. The following additional standards shall apply to all streets and driveways crossing watercourses draining ten (10) acres or more and which are located inside SFHAs.
   1.  Any street, driveway, bridge or culvert associated with any street or driveway shall pass the 100-year flood crest, under free flow conditions that will not result in any increase in the elevation of the 10- through 100-year floods above those specified in the FIS for Wake County or Durham County, whichever is applicable, as published by FEMA.
   2. If the drainage areas exceed one (1) square mile, the maximum rise allowed for the 100- year flood shall not exceed a total of 0ne (1) foot above the BFE established for flood hazard soil areas or those elevations specified either in the drainage basin study maps or in the FIS for Wake County or Durham County, whichever is applicable, as published by FEMA.
   3. BFEs for return periods of less than 100-years may be increased to exceed one (1) foot, provided that the portion of the flood increase which is greater than one (1) foot is either limited to the site boundaries of the property of the owner requesting this increase or restricted to flood storage areas shown on a recorded plat.

1. All streets in SFHAs shall be designed and constructed to provide a minimum of two (2) feet of vertical freeboard, as measured from the predicted 10-year flood peak water surface elevation to the low point of the top of curb or edge of pavement for streets without curbs. The following are exceptions to this standard:
   1. Those portions of streets within allowable vertical and horizontal controls which act as a transition to existing streets.
   2. When the City Council finds that the public benefit derived from the construction of the thoroughfare or collector street would be better served if these standards were varied.
   3. All thoroughfares in SFHAs shall be designed and constructed so as not to be overtopped during the predicted 50-year storm. All other streets in SFHAs shall be designed and constructed so as not to be overtopped during the predicted 25-year storm.
2. For any street in SFHAs, any proposed increase above floodway levels specified in the FIS for Wake County or Durham County, whichever is applicable may be allowed, provided that the change is approved by the Federal Insurance and Mitigation Administration.
3. Any proposed street or driveway, bridge or culvert associated with a street or driveway (including fill), located in a SFHA must be accompanied by a sealed written statement by a registered professional engineer licensed in the State of North Carolina certifying that such structure is designed and constructed in accordance with this section and shall specify which provision applies.
4. Outside of regulated discharge floodplain areas, the maximum depth of any overtopping flow during the predicted 100-year flood shall not exceed one (1) foot for a privately maintained street. For all public streets located outside of the regulated discharge floodplain areas, no overtopping is allowed during the predicted 100-year flood. The downstream slope of the roadway section shall be protected from erosion due to the overtopping flow. Public streets located within regulated discharge floodplain areas must be located at or above the 100- year flood elevation, consistent with the regulations of Sec. 9.3.6.B.

1. The degree of flood protection required by this Article is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes.
2. This Article does not imply that areas outside the boundaries of SFHAs or land uses permitted within such areas will be free from flooding or flood damages.
3. This Article shall not create liability on the part of the City or by any officer or employee for any flood damages that result from reliance on this Article or any administrative decision lawfully made.

1. Once a flood permit is obtained and prior to commencement of work authorized by the flood permit, a benchmark of the RFPE shall be set on the property by a registered land surveyor licensed in the State of North Carolina. Once the benchmark is set, an initial inspection shall be scheduled with a City inspector.
2. The Floodplain Administrator and/or his or her designee shall inspect as work authorized by the flood permit progresses to ensure that the work is being done according to the SFHA provisions of this Article, Article 11.4. and the terms of the flood permit. In exercising this power, the Floodplain Administrator and/or his or her designee has the right, upon presentation of proper credentials, to enter on any premises within the City’s planning jurisdiction at any reasonable time for the purposes of inspection or other enforcement action. Notice of this right to make inspection shall be included in the flood permits. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties.
3. After construction is complete and prior to the issuance of a Certificate of Compliance or Occupancy the following permit conditions must be satisfied, when applicable:
   1. A final Finished Construction Elevation Certificate (FEMA Form 086-0-33) or City Lowest Floor Elevation Certificate must be completed and submitted to the Floodplain Administrator and/or his or her designee. This elevation certificate must be for the final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator and/or his or her designee shall review the data submitted in the certificate. If deficiencies are detected by such review the permit holder must correct the deficiencies of construction and/or revise the elevation certificate correcting the as-built construction condition.
   2. A final Finished Construction Floodproofing Certificate (FEMA Form 086-0-34) must be completed and submitted to the Floodplain Administrator and/or his or her designee with supporting data, an operation plan, and an inspection and maintenance plan. This certificate must be for the floodproofed design elevation of the reference level and all attendant utilities, in relation to NAVD 1988. The Floodplain Administrator and/or his or her designee shall review the certificate data, the operational plan, and the inspection and maintenance plan. If deficiencies are detected by such review the permit holder must re- construct in accordance with the certified design and/or revise the floodproofing certificate.

1. Civil Penalties
   1. When the Floodplain Administrator and/or his or her designee finds violations of applicable SFHA regulations in the UDO, it shall be his or her duty to notify any ‘person’ as described in Sec. 9.3.12.A.3. of the violation. The ‘person’ shall immediately remedy each of the violations of law for which he or she has been notified.
   2. If any ‘person’ shall fail to take prompt corrective action, the City shall provide written notice, by registered mail-return receipt requested, certified mail-return receipt requested, personal service or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. The notice shall set forth a description of the violation for which the penalty has been invoked.
   3. Any person controlling or managing any building or land where there is placed or there now exists anything in violation of this Article; or any person who shall commit or assist in the commission of any violation of this Article; or any person who shall build contrary to this Article after plans and specifications have been submitted to and approved by the Engineering Services Director and/or his or her designee; or any person who shall omit, neglect, or refuse to do any act provided for in this Article shall be subject to a civil penalty of $100 per day of continuing noncompliance.
   4. Each day such violation continues shall be considered a separate offense.
   5. No penalty shall be assessed until the person alleged to be in violation is served a notice to comply by registered mail-return receipt requested, certified mail-return receipt requested, personal service or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. The notice shall set forth a description of the violation for which the penalty has been invoked.
   6. As an additional remedy or in lieu of other remedies, the City Council may either before or after the institution of any other action or proceeding authorized by this section, institute any appropriate action or proceeding to restrain or prevent any violation of this Article or the City Council may direct the removal or abatement pursuant to N.C. Gen. Stat. § 160A-193 of any obstruction which violates this Article.
   7. The institution of an action for abatement or injunctive relief shall not relieve any party to such proceeding from any civil or criminal penalty prescribed for violations of this Article.
   8. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.
2. Criminal Penalties
   1. Any person controlling or managing any building or land where there is placed or there now exists anything in violation of this Article; or any person who shall commit or assist in the commission of any violation of this Article; or any person who shall build contrary to this Article after plans and specifications have been submitted to and approved by the Engineering Services Director and/or his or her designee; or any person who shall omit, neglect, or refuse to do any act provided for in this Article shall be guilty of a Class 1 misdemeanor pursuant to N.C. Gen. Stat. § 143-215.58.
   2. Failure to correct an identified violation shall constitute a separate violation for each ten (10) days that such failure continues after written notice has been received.

1. Whenever a building or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Article or any regulation, rule or order duly adopted pursuant to this Article, the Floodplain Administrator and/or his or her designee may order the work to be immediately stopped.
   1. The stop-work order shall be in writing and directed to the person doing the work.
   2. The stop-work order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed.
   3. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violations have occurred, and all measures necessary to abate the violations have been taken.
2. Any appeal of a stop-work order shall follow the procedures prescribed by law for appeals of administrative decisions as set forth in Sec. 10.2.11.
3. Violation of a stop-work order issued pursuant to this section constitutes a violation of this Article.

1. Any variance request or appeal of an administrative decision of a regulation contained within this Article must be presented before the Board of Adjustment. All procedural requirements of Sec. 10.2.10 and Sec. 10.2.11, respectively, shall apply.

1. This Article applies to all land-disturbing activities with the following exclusions:
   1. Land-disturbing activities, including but not limited to, the breeding and grazing of lifestock undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to:
      1. Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts;
      2. Dairy animals and dairy products;
      3. Poultry and poultry products;
      4. Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats;
      5. Bees and apiary products; and
      6. Fur-producing animals.
   2. Land-disturbing activities undertaken on forest land for the production and harvesting of timber and timber products and conducted in accordance with Forest Practice Guidelines Related to Water Quality, Title 15A North Carolina Administrative Code, Subarticle 11, sections 1.010-.0209, as adopted by the North Carolina Department of Environment, Health and Natural Resources. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with best management practices set out in Forest Practice Guidelines Related to Water Quality, Title 15A North Carolina Administrative Code, Subarticle 11, sections 1.010-.0209, the provisions of this Article shall apply to such activity and any related land-disturbing activity on the tract.
   3. Activities for which a permit is required under the Mining Act of 1972, N.C. Gen Stat., Chapter 74, Article 7.
   4. Land-disturbing activities undertaken for the duration of an emergency, activities essential to protection of human life.
2. This Article does not apply to the following land-disturbing activities, as such activities are subject to the regulatory jurisdiction of the North Carolina Sediment Control Commission:
   1. Activities conducted by the State of North Carolina;
   2. Activities conducted by the United States;
   3. Activities conducted by persons having the power of eminent domain;
   4. Activities conducted by local governments, except that the City Council of the City of Raleigh hereby declares its intent that all of the departments and agencies of the City, its contractors and subcontractors shall also comply with the regulations set forth in this Article; and
   5. Activities funded in whole or in part by the State of North Carolina or the United States.

The Raleigh Guidelines for Land Disturbing Activities and amendments, on file in the City Clerk’s Office, is adopted by reference as part of this UDO.

1. The objectives to be considered in planning, developing, implementing and maintaining adequate erosion and sedimentation controls and undertaking land-disturbing activities are to.
   1. Identify Critical Areas
      Identify on-site areas which are subject to erosion and off-site areas which are vulnerable to damage from erosion or sedimentation and provide special attention to these areas.
   2. Limit Time of Exposure
      Limit time of exposure of all land-disturbing activities so that such activities are planned and conducted to limit uncovered soil surfaces to the shortest feasible time.
   3. Limit Exposed Areas
      Limit exposure of all land-disturbing activities so that these activities are planned and conducted to minimize the size of the uncovered area at any 1 time.
   4. Control Surface Water
      Control surface water runoff originating upgrade from uncovered soil surfaces to reduce erosion and sediment during the period of exposure.
   5. Control Sedimentation
      Control all land-disturbing activities so that such activities are planned and undertaken to prevent off-site sedimentation damage.
   6. Manage Stormwater Runoff
      Manage stormwater runoff when the increase in the velocity of stormwater runoff resulting from a land-disturbing activity can cause accelerated erosion at the point of discharge or receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and sedimentation of the receiving watercourse.
   7. Control Operations in Lakes or Natural Watercourses
      Control land-disturbing activities in connection with construction in, on, over or under a lake or natural watercourse so that such activities are planned and undertaken to minimize the extent and duration of disturbance of the lake or natural watercourse. Natural watercourses should be preserved.
2. An erosion and sedimentation control plan may be disapproved if the plan fails to address the foregoing control objectives.
3. When deemed necessary by the approving authority, a pre-construction conference shall be held.

No land-disturbing activity shall occur except in accordance with the following standards; wherever there is a conflict between two or more of these standards, the more stringent regulation is controlling.

1. General Requirements
   1. Prior Plan Approval
      1. An erosion and sedimentation control plan must be approved by the Engineering Services Director at least 30 days prior to any regulated land-disturbing activity. This does not restrict the initiation of land disturbing activities when the plan is approved and the permit is issued in less than 30 days from initial submission. Failure to approve, approve with modifications, or disapprove a completed draft erosion and sedimentation control plan within 30 days of receipt shall be deemed approval of the plan.
      2. When determining the area of land-disturbance, the square footage of land-disturbance of all land and bodies of water disturbed or to be disturbed shall be aggregated, regardless of whether under single or diverse ownership.
      3. A surety equal to the cost of clearing, grubbing and reseeding a site shall be paid to the City prior to grading permit issuance. If the property is subject to a continuing violation the City may cash the surety.
      4. An approved erosion and sedimentation control plan is required for any land-disturbing activity of 12,000 square feet or greater.
      5. An approved erosion and sedimentation control plan is required for any land-disturbing activity below 12,000 square feet for the following:
         1. Land-disturbing activity in any Watershed Protection Area;
         2. Relocation of any natural watercourse;
         3. Upon the occurrence of off-site sedimentation; or
         4. When a person conducting a land-disturbing activity has been issued two or more Notices of Violation, within the last 2 years, for failure to comply with the provisions of Article 9.4. For purposes of this subsection, an applicant's record is considered for the 2 years prior to the development permit application date.
   2. Protection of Property
      Persons conducting land-disturbing activity must take all reasonable measures to protect all public and private property from damage caused by land-disturbing activity.
   3. NPDES Stormwater Permit for Construction Activity
      Documentation required under the site National Pollutant Discharge Elimination System (NPDES) stormwater permit for construction activity shall be submitted to the City.
2. Adequate Erosion Control Measures
   Adequate erosion control measures shall be provided in accordance with Sec. 9.2.2.E.
3. Design and Performance Standards and Guidelines
   1. Copies of design and performance standards which are contained in Guidelines for Land-Disturbing Activities will be published by the City and placed on file in the Office of the City Clerk and the Engineering Services Director.
   2. All erosion control plans, erosion control measures, ground covers, maintenance and calculations must be in accordance with the applicable Guidelines for Land-Disturbing Activities and State of North Carolina Erosion and Sediment Control Planning and Design Manual; in the event of any conflict, the more stringent regulation applies.
4. Buffer Zones
   1. Buffer Zones Generally
      1. No land-disturbing activity during periods of construction or improvement to land are allowed in proximity to a lake or natural watercourse unless a buffer zone is provided along the watercourse to confine visible siltation within 25% of the buffer zone nearest the landdisturbing activity.
      2. Unless otherwise provided, the width of a buffer zone is measured from the edge of the watercourse to the nearest edge of the disturbed area.
   2. Buffer Zone Exceptions
      This section does not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over or under a lake or natural watercourse. No land-disturbing activity, except as permitted in Sec. 9.2.3.B. and Sec. 9.2.3.C. or Article 9.5. Watershed Protection Areas, shall take place:
      1. Within any watercourse buffer area unless it conforms to the requirements of Sec. 9.2.3.B. and Sec. 9.2.3.C. and the provisions of this Article; and
      2. Within any high-quality water zone unless it conforms to the requirements of Article 9.5. Watershed Protection Areas and the provisions of this Article.
5. Graded Slopes and Fills
   The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed shall be provided with ground cover, devices or structures sufficient to restrain erosion. For all areas of moderate or steep slopes, temporary ground cover shall be provided if the slope has not been disturbed for a period of 14 days.
6. Ground Cover
   1. Whenever a land-disturbing activity occurs, the person undertaking the activity shall install such ground cover, devices or structures sufficient to restrain erosion and retain sediment within the boundaries of the tract at all times.
   2. Any portion of a site upon which further land-disturbing activity is not being undertaken shall be provided with ground cover sufficient to restrain erosion within 14 calendar days of temporarily or permanently suspending the land disturbing activity. Permanent ground cover shall be installed within 14 calendar days following completion of construction or development.
7. Downstream Protection of Discharge Points and Receiving Watercourses
   1. Permanent Protection
      Any area of a land-disturbing activity and all receiving watercourses or discharge point must be permanently protected from accelerated erosion caused by increased velocity of stormwater runoff resulting from a land disturbing activity.
   2. Post Construction Velocity
      For any land-disturbing activity, the post construction velocity of the 10-year storm runoff in the receiving water-course to the discharge point does not exceed the greater of:
      1. The velocity of the 10-year storm runoff in the receiving watercourse prior to a development;
      2. The velocity specified according to the following table for a discharge point into a receiving watercourse with bare soil or rock bed or banks; or

         	Maximum Permissible Velocities
         Material	(F.P.S.)	(M.P.S.)
         Fine sand (noncolloidal)	2.5	0.8
         Sandy loam (noncolloidal)	2.5	0.8
         Silt loam (noncolloidal)	3.0	0.9
         Ordinary firm loam	3.5	1.1
         Fine gravel	5.0	1.5
         Stiff clay (very colloidal)	5.0	1.5
         Graded, loam to cobbles (noncolloidal)	5.0	1.5
         Graded, silt to cobbles (colloidal)	5.5	1.7
         Alluvial silts (noncolloidal)	3.5	1.1
         Alluvial silts (colloidal)	5.0	1.5
         Course gravel (noncolloidal)	6.0	1.8
         Cobbles and shingles	5.5	1.7
         Shales and hard pans	6.0	1.8

      3. The velocity specified according to the following for a discharge point
         into a vegetated receiving watercourse.

         Group No.	Vegetation	Depth of Flow (feet)	Maximum Permissible Velocity* (F.P.S.)
         1	Bermudagrass	t1	4
         		u1	6
         2	Tall fescue	t1	3
         	Reed canarygrass Kentucky bluegrass	u1	6
         3	Grass and legumes, mixed	t1	3
         	Weeping lovegrass	u1	4
         4	Lespedeza, sericea	t1	2.5
         	Red fescue, Red top	u1	2.5
         5	Annuals:** Annual lespedeza (KOBE)	t1	2.5
         	Sundangrass Small grain (rye, oats, barley): Ryegrass	u1	2.5

   3. General Velocity Standard
      Any area of a land-disturbing activity or receiving watercourses subject to stormwater runoff velocities in excess of those specified in Sec. 9.4.4.G.2. above from accelerated erosion by provision of an erosion-resistant lining of vegetation in accordance with Sec. 9.4.4.G.2.c. above provided, armored, paved or otherwise nonvegetative watercourse lining shall be provided
      anywhere the velocity in the receiving watercourse exceeds Sec. 9.4.4.G.2.c. and the prior development velocity by 10%.
   4. Critical Soils
      When the following soils (as defined and described in the soil survey of Wake County North Carolina Soil Conservation Service, United States Department of Agricultural, November, 1970) which are especially vulnerable to erosion from stormwater discharge from land-disturbing activities, occur between a point of stormwater discharge and the next confluence of concentrated stormwater runoff, such areas, on- or off-site shall be protected from accelerated erosion by diverting the stormwater discharge from those soil surfaces. The application of this section may not prevent discharge of
      stormwater from a land-disturbing activity site. Diversion may include the provision of piped, paved or armored storm drainage facilities:
      1. Applying sandy loam, 10% to 15% slopes (ApP);
      2. Cecil sandy loam, 10% to 15% slopes (CeD);
      3. Cecil sandy loam, 15% to 45% slopes (CeF);
      4. Creedmore sandy loam, 10% to 20% slopes (CrE);
      5. Enon fine sandy loam, 10% to 15% slopes (EnD2);
      6. Georgeville silt loam, 10% to 15% slopes (GeD2);
      7. Granville sandy loam, 10% to 15% slopes (GrD);
      8. Helena sandy loam, 10% to 15% slopes (HeD);
      9. Herndon silt loam, 10% to 25% slopes (HrD2);
      10. Herndon silt loam, 15% to 25% slopes (HrE);
      11. Lloyd loam, 10% to 15% slopes (LdD2);
      12. Louisburg loamy sand, 10% to 15% slopes (LoD);
      13. Made land, (Ma) greater than 4% slopes under actual field conditions;
      14. Madison sandy loam, 10% to 15% slopes (MdD2);
      15. Madison sandy loam, 15% to 25% slopes (MdE2);
      16. Mayodon sandy loam, 10% to 15% slopes (MfD2);
      17. Mayodan sandy loam, 15% to 25% slopes (MfE);
      18. Mayodan silt loam, 10% to 15% slopes (MyD);
      19. Pinkston sandy loam, 10% to 45% slopes (PkF);
      20. Wake, 10% to 25% slopes (WkE);
      21. Wedowee sandy loam, 10% to 15% slopes (WmD2);
      22. Wedowee sandy loam, 15% to 25% slopes (WmE);
      23. White Store sandy loam, 10% to 20% slopes (WsE);
      24. White Store clay loam, 2 to 15% slopes (WvD3);
      25. Wilkes, 10% to 20% slopes (WwE);
      26. Wilkes, 20% to 45% slopes (WwF); and
      27. Wilkes, 15% to 25% slopes (WxE).
   5. Armored
      Armored or otherwise non-vegetatively lined watercourse lining shall, in addition to the requirements of Sec. 9.4.4.G.3. above, be provided at the storm outlet and for those portions of the receiving watercourse which have undergone land-disturbing activity.
   6. Exception
      Where piped, paved or armored storm drainage facilities connect to existing off-site piped, paved or armored storm drainage facilities or where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse, none of the foregoing provisions of this section shall apply.
   7. Equivalent Alternatives
      The management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Alternatives include, but are not limited to:
      1. Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious;
      2. Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections;
      3. Provide energy dissipators at outlets of storm drainage facilities to reduce flow velocities to the discharge point. These may range from simple rip-rapped sections to complex structures; and
      4. Protect watercourses subject to accelerated erosion by improving cross-sections or providing erosion-resistant lining.
8. Operations in Lakes or Natural Watercourses
   1. Any land-disturbing activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner so as to minimize the extent and duration of disturbance of the stream channel and to prevent off-site sedimentation.
   2. The relocation of a natural watercourse must meet the provisions of Sec. 9.4.4.G. and must minimize changes to the stream flow characteristics. The relocation of a natural watercourse may not occur in natural resource buffer yards of a -UWPOD, -FWPOD, -SWPOD, -MPOD or CM District.
9. High-Quality-Water Zones
   Within high-quality-water (HQW) zones the following additional design standards shall apply.
   1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land-disturbing activity within an HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of both the Director of the Division of Land Resources of the North Carolina Department of Environment, Health and Natural Resources and the City Council.
   2. Sediment basins shall be designed and constructed such that the basin will have a settling efficiency of at least 85% for the 40 micron size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures required by this Article.
   3. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than 2 horizontal to 1 vertical if vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion.
10. Keep Dirt and Mud Off Public Streets
    The accumulation of more than 1/32 inch of dirt, mud or both on any public street, measured 6 feet from an entrance or exit of any land disturbing activity, is prohibited.

1. During the development of a site, any person undertaking the land-disturbing activity must install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, any provision of this Article, the North Carolina Sedimentation Pollution Control Act of 1973 or any order adopted pursuant to this Article or the Sedimentation Pollution Control Act.
2. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street rightof-way or easement accepted for maintenance by a governmental agency.
3. Whenever a permanent erosion and sediment control measure is washed out or is otherwise disabled the land owner or person in possession or control of the land shall replace the permanent erosion and sediment control measure within 15 working days or 30 calendar days, whichever period is shorter, unless a longer period of time is allowed in writing by the Engineering Services Director.
4. When energy dissipators or other adequate erosion control measures serve more than 1 lot and are located on private property, they shall be located on a lot or lots which are as large or larger in size than the typical lot size within the development. There shall be recorded, after approval by the City, in the Wake County Registry a map of those lots and said map shall bear the following note: "The energy dissipator which controls stormwater velocities, stormwater retention or detention devices and other erosion control measured located on this lot are required to be maintained by the property owner or owners for that portion of the device on his lot in accordance with the requirements of the Raleigh City Code.”
5. Whenever stormwater control facilities serve more than 1 lot that are not accepted for maintenance by a governmental agency, prior to recording any lot served by the facility a maintenance covenant conforming with Sec. 9.2.2.G.2. shall be recorded with the local county register of deeds offices.

1. All land-disturbing activity permits shall be obtained from the City.
2. No person shall initiate any land-disturbing activity in a -FWPOD or -SWPOD in any watercourse natural buffer yard established pursuant to Sec. 9.2.3. in open space areas or to relocate any natural watercourse or in any other area if more than 12,000 square feet is to be uncovered unless, 30 or more days prior to the anticipated date for initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the City; but this shall not restrict the initiation of land-disturbing activities when the plan is approved and the permit is issued in less than 30 days from initial submission.
3. No permit authorized by this UDO shall be issued until the boundaries encompassing a work site adjacent to any -FWPOD, -SWPOD, watercourse natural resource buffer, trout water buffer, watercourse natural resource buffers in a -MPOD or in a CM District, a high-quality water zone, any tree protection limits of any -MPOD, CM and -SHOD- or any area where vegetation is required to be maintained by a conditional district or an approved site plan are clearly and accurately demarked by a protective fence in the field. The location and extent of all authorized land-disturbing activities shall be similarly demarcated for so long as any land-disturbing activity continues.
4. The following table summarizes the plan approval process required:

   	Size of Site
   Plan required to be prepared and filed with:	Less than 12,000 sq. ft.	Between 12,000 sq. ft. and 1 acre	Greater than 1 acre
   City of Raleigh	No	Yes	Yes
   Plan approval required prior to commencement of land disturbance	No	Yes	Yes

1. Whenever the City determines that off-site sedimentation may occur or is occurring as a result of a previous or on-going land-disturbing activity, despite application and maintenance of protective practices, the person undertaking the land-disturbing activity or the person responsible for maintenance will be required to and shall provide further adequate erosion control measures.
2. The City shall serve one or more of the following: any person undertaking a land disturbing activity or the person responsible for maintenance or any of their appointed agents, written notice of violation with this section, specifying the noncompliance.
3. Service shall be done in any of the following ways: Registered mail, certified mail return receipt requested, personal service or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4.
4. The notice shall set forth the measures needed to come into compliance and shall state the time within which such compliance must be completed and warn that failure to correct the violation within the time period will result in the additional civil and criminal penalties for a continuing violation. Alternative equivalent measures may be submitted and, if approved by the City, must be completed within the time period stated for compliance.
5. In determining the measures required and the time allowed for compliance, the City shall take into consideration the economic feasibility, technology, quantity of work required and extent of damage; it shall then set reasonable and attainable time limits for compliance.
6. The failure to comply with the notice or approved alternate equivalent measures within the time specified shall be a further violation of this UDO.

1. Except as provided in Sec. 9.4.8.D. below, the disapproval or required modification of any proposed erosion control plan or the refusal to issue a grading or other necessary permit by the City shall entitle the person who submitted the plan or applied for the permit to appeal this decision to the Board of Adjustment pursuant to Sec. 10.2.11. Where the deadlines and procedures set forth in Sec. 10.2.11. conflict with the deadlines and procedures of this Sec. 9.4.8., the deadlines and procedures of this Sec. 9.4.8. shall prevail.
2. Appeal must be made in writing to the City Clerk and the Engineering Services Director within 15 days of written notice of disapproval or modification of plan or refusal to issue a permit.
3. No appeal, other than to reduce the width of the natural resource buffer yards, that would be inconsistent with either the Standards of the Water Supply Watershed Act, N.C. Gen. Stat. §143-214.5 or the regulations adopted pursuant thereto shall be granted without the prior approval of the Environmental Management Commission.
4. Upon receipt of an appeal, the City shall notify in writing and in sufficient time to allow a reasonable comment period, all other local governments having jurisdiction within the water supply watershed. Each year the City will transmit to the Environmental Management Commission a report on each appeal it receives.
5. Hearings held pursuant to this section shall be held by the Board of Adjustment within 30 days from the date the appeal is filed in the City Clerk’s office. The Board of Adjustment shall then render a decision no later than 21 days following said hearing.
6. If the Board of Adjustment upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall within 15 days following the decision of the Board of Adjustment be entitled to appeal the Board of Adjustment’s action to the Sedimentation Control Commission pursuant to Title 15 4B.0018(b) of the North Carolina Administration Code and N.C. Gen. Stat. §113A-61(c).
7. In the event that an erosion control plan is disapproved, the City shall notify the Director of the Division of Land Resources of the North Carolina Department of Environment, Health and Natural Resources of such disapproval within 10 days. The City shall advise the applicant and the Engineering Services Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of Sec. 9.4.8.A. through Sec. 9.4.8.C. above, the applicant may appeal the City’s disapproval of the plan directly to the Sedimentation Control Commission.
8. Judicial review of the final action of the erosion plan review committee of the Sedimentation Control Commission may be had in Superior Court of Wake County.

1. Any person who fails to file a plan in accordance with this UDO or who undertakes a land-disturbing activity except in accordance with provisions of a plan approved under this UDO shall be deemed in violation of this UDO.
2. If it is determined that any person who undertakes a land-disturbing activity has failed to comply with the provisions of this Article, any regulation, rule or order, duly adopted pursuant to this Article, a notice of violation shall be served upon that person or his appointed agent. The initial civil penalty shall be assessed from the date of the violation.
3. The notice shall be served by registered mail, certified mail return receipt requested or by any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. The notice shall specify a date by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply.
4. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 consecutive calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe off-site sedimentation.
5. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation.
6. If, after the allotted time period has expired, corrective action has not been completed, the additional penalties shall be assessed from the date of initial violation and each day of continuing violation thereafter shall constitute a separate violation under this section.
7. The notice shall explain the type of enforcement procedures which may be issued for violations. If the person undertaking the land-disturbing activity fails to comply within the time specified, such person shall be in further violation of this UDO.

1. Agents and officials of the City shall inspect the land-disturbing activities at reasonable times to ensure whether the activities are being conducted in accordance with the approved plan or the requirements of this UDO and to determine whether the measures implemented are effective in controlling accelerated erosion and preventing off-site sedimentation.
2. Notice of this right to make inspections shall be included in the certificate of approval of each soil erosion and sedimentation control plan.
3. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties.

1. Civil Penalties
   1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues a land-disturbing activity for which a soil erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be subject to the specific civil penalties set forth in Sec. 9.4.11.F.
   2. The initial civil penalty shall be assessed from the date of the violation.
   3. No penalty shall be assessed until the person alleged to be in violation or their appointed agent is served by registered mail, certified mail-return receipt requested, personal service notice of violation or any other means authorized under N.C Gen. Stat. §1A-1, Rule 4.
   4. The notice shall specify a time by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply and shall direct the violator to either pay the assessment or contest the assessment within 30 days by filing a petition for a contest case under N.C. Gen. Stat. Chapter 150B, Article 3.
   5. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 consecutive calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe off-site sedimentation.
   6. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation. If, after the allotted time period has expired, corrective action has not been completed, the additional civil penalties shall be assessed from the date of the initial violation. Each day of continuing violation thereafter shall constitute a separate violation.
   7. The Revenue Collector of the City shall make written demand for payment upon the person in violation and shall set forth the amount of the penalty and the reason for assessing the penalty; the Revenue Collector, for continuous violations, shall send within each 10 day period additional notice to the person in violation.
   8. Notice of the assessment shall be by registered or certified mail or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. If the payment is not received within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty. Such civil actions must be filed within 3 years of the date the assessment was due.
   9. Civil penalties collected pursuant to this provision shall be used or disbursed as directed by law.
2. Stop-Work
   A stop-work order may be issued if a land-disturbing activity is being conducted or was conducted in violation of this Article, any regulation, rule or order duly adopted pursuant to this Article or is being undertaken or continued for which a soil erosion and sedimentation control plan is required except in accordance with the terms, conditions and provisions of an approved plan and that either:
   1. The land-disturbing activity is being conducted without an approved plan, a permit or both;
   2. The violation endangers life, property or both or that such endangerment is imminent; and
   3. The land-disturbing activity is being conducted without installing all protective measures in accordance with the approved soil erosion and sedimentation control plan.
   4. All stop-work orders shall be in writing served on and directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violations have occurred and all measures necessary to abate the violations have been taken.
3. Criminal Penalties
   Any person who knowingly or wilfully violates any provision of this Article, rule, regulation, order duly adopted or issued pursuant to this Article or who knowingly or willfully undertakes or continues a land-disturbing activity for which an erosion control plan is required, except in accordance with the terms, conditions and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000 or both, in the discretion of the court.
4. Injunctive Relief
   1. Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Article or rule, regulation, order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved soil erosion and sedimentation control plan, the City may, either before or after the institution of any other action or preceding authorized by this UDO, institute a civil action in the name of the City for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Wake County.
   2. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed or to prevent the threatened violation. The institution of an action for injunctive relief shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO.
5. Restoration
   Any person who undertakes a land-disturbing activity and who fails to retain sediment generated by the activity, as required by N.C. Gen. Stat. §113A-57(3), is required to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section.
6. Specific Civil Penalties
   Civil penalties for specific violations of this Article shall be assessed as follows:
   1. Grading without a permit. $5,000 per day for failure to secure a valid required grading permit prior to conducting a land-disturbing activity.
   2. Grading beyond the limits of a grading plan. $1,000 per day per 1/10 of a graded acre beyond the limits of an existing grading permit without the approval of an amended grading permit, but not to exceed $7,000 per day.
   3. Failure to protect. $5,000 per day for failure to take all reasonable measures to protect public property or private property, from damage caused by the failure to retain sediment on-site for the design storm.
   4. Failure to follow plan. $3,000 per day for failure to conduct a land-disturbing activity in accordance with the provisions of an approved erosion and sedimentation control plan.
   5. Failure to install devices. $5,000 per day for failure, when more than 1 acre is disturbed, $2,500 per day when 1 acre or less than 1 acre is disturbed, to install erosion and sedimentation control devices sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract(s) and prevent off-site sedimentation.
   6. Failure to maintain permanent and/or temporary measures. $2,500 per day for failure to maintain adequate erosion control measures.
   7. Failure to properly maintain slopes and fills. $2,500 per day for failure on graded slopes and fills to maintain an angle sufficient to retain vegetative cover or other adequate erosion control measures.
   8. Failure to protect exposed slopes. $2,500 per day for failure, within 15 working days or 30 calendar days of completion of any phase of grading, whichever period is shorter, to plant or otherwise provide exposed, graded slopes or fills with ground cover, devices or structures sufficient to restrain erosion.
   9. Failure to provide adequate cover. $2,500 per day for failure on a tract when more than 1 acre is disturbed, $1,200 dollars per day when 1 acre or less than 1 acre is disturbed, to plant or otherwise provide ground cover sufficient to restrain erosion within 15 working days or 60 calendar days, whichever period is shorter, following completion of construction or development.
   10. Failure to revise plan. $2,500 per day for failure to file an acceptable, revised erosion and sedimentation control plan within the established deadline after being notified of the need to do so.
   11. Failure to correct a violation after notice. $5,000 dollars per day for failure to correct a violation within the time limitations established in a notice of violation.
   12. Failure to obey a stop-work order. $5,000 per day for a violation of a stopwork order.
   13. Any other action or failure to act that constitutes a violation of this Article. $2,500 per day for any other action or failure to act that constitutes a violation of this Article.
   14. Failure to keep dirt and mud off public streets. $1,000 per day for failure to prevent the accumulation of dirt, mud or both on public streets in violation of this Article plus 1 dollar per every 6 linear feet of street if cleaned by the City, its employees or its contractors.
   15. An additional civil penalty of $1,000 per day shall be charged to any person assessed a civil penalty for any violation of this Article within the prior 2 years. No initial civil penalty shall exceed $7,500; this limitation shall be inapplicable to continuous violations.

The City of Raleigh shall incorporate revisions required by the Sedimentation Control Commission within 8 months following receipt of the required revisions. If standards and provisions of this UDO currently meet or exceed the required revisions, the Sedimentation Control Commission must be notified within 90 days of their receipt.

1. Natural Resource Buffer Yards
   Natural resource buffer yards consistent with Sec. 9.2.3. must be established along all perennial watercourses.
2. Impervious Surface Coverage
   1. All lots or portions of lots in existence prior to April 19, 2005 or lots established outside the subdivision process after that date, no additional impervious surface may be added to the property, which would result in greater coverage by impervious surface than allowed by the following table:

      Area	No Stormwater Control Measures	Retention, Detention or Capture First 1/2 Inch of Runoff
      Primary water supply watershed protection areas	24% or 2 units of a single-unit living per acre or 20,000 square foot lot.	50%
      Secondary water supply watershed protection areas	24% or 2 units of a single-unit living per acre or 20,000 square foot lot or 3 dwellings per acre or 36% built upon area for projects without curb and gutter street systems.	70%

   2. Land will be deemed compliant with the intensity requirements if the intensity of all existing development at the time of reclassification does not exceed the density requirement when densities are averaged throughout the area.
   3. Impervious surfaces include all proposed streets within the development approved after April 19, 2005 and all impervious surfaces on any lot and common area.
   4. Calculation of the area of the development includes all lots, street rights of- way and common areas within the watershed. Calculation of the area of the development must exclude any widening of existing street rights-of way, existing street rights-of-way and new street rights-of-way reserved in accordance with the Roadway Corridor Official Map Act, N.C. Gen. Stat. Chapter 136 Article 2E.
   5. Redevelopment is permitted when the activity does not result in a net increase of impervious surface and provides equal or greater stormwater control than the previous development and substitutions of impervious surfaces is done in accordance with Sec. 10.3.5.A.
   6. Any lot of record existing prior to October 12, 2008, that does not conform to the area or impervious surface coverage regulations of this section and which contains a detached house is exempt from the regulations of this overlay district, except there may be no exemption if the lot is contiguous to any other lot owned by the same person. Additions and expansions to existing structures must comply with the requirements of this overlay district, however, impervious surfaces existing prior to the initial application of these regulations must not be included in the impervious surface coverage calculations.
3. Required Stormwater Measures
   1. Stormwater Retention, Detention and Capture
      Within any primary or secondary watershed protection area, lots which are connected to both City water and sewer utilities and have a total maximum impervious surface of more than 24%, provided that the first ½ inch of stormwater which directly or indirectly runoff off the surface in excess of 24%, from the lot is:
      1. Retained for water harvesting and use on the site, infiltration into the soil, evaporation into the air, or a combination of these;
      2. Detained for at least a 12-hour period
      3. Captured by an approved stormwater treatment device; or
      4. A combination of the above.
   2. Stormwater Runoff From Streets
      Where impervious surface coverage is greater than 24%, the first inch of stormwater which directly or indirectly runs off any street must be contained within the development in accordance with the retention or detention or capture methods set forth above.
4. Maintenance of Stormwater Control Measures
   When retention devices, detention devices or wet ponds serve more than 1 lot and are located on private property, a maintenance covenant which complies with Sec. 9.2.2.G.2. for sharing the maintenance costs must be recorded. After approval by the City, a map must be recorded in the Wake County Registry, showing the location of the retention device, detention device or wet pond on the lot; the map must bear the following note: " The stormwater control facilities, which serve more than 1 lot, that are not accepted for maintenance by a governmental agency are required by the Raleigh City Code to be owned and maintained by a property owners association for which all lot owners shall be a member.”
5. Exemptions
   1. The impervious surface coverage limitations and stormwater retention, detention and capture requirements within the secondary water supply watershed protection area of the -UWPOD are inapplicable to any street, right-of-way, lot or improvement if its stormwater runoff flows by gravity to a watercourse located outside the overlay district. All gravity flow drainage plans shall be approved by the Engineering Services Department.
   2. Any lot of record existing prior to October 12, 2008, that does not conform to the area or impervious coverage regulations contained in the schedule of Maximum Impervious Surface Limits in a -UWPOD and Required Measures and which lot contains a dwelling used for single-unit living is exempt from the regulations of this overlay district, except there shall be no exemption if the lot is contiguous to any other lot owned by the same person. Additions and expansions to existing structures shall comply with the requirements of this overlay district, however, impervious surfaces existing prior to the initial application of these regulations shall not be included in the impervious surface coverage calculations.
   3. For all lots or portions of lots in existence prior to October 12, 2008 or lots established outside the subdivision process after that date, the impervious surface coverage limitations and stormwater retention, detention and capture requirements within the -UWPOD are inapplicable to any single development that disturbs less than 1 acre.

1. Natural Resource Buffer Yards
   Natural resource buffer yards consistent with Sec. 9.2.3. must be established.
2. Impervious Surface Coverage
   1. For all lots or portions of lots in existence prior to March 1, 1988 or lots established outside the subdivision process after that date, no additional impervious surface may be added to the property which would result in greater coverage by impervious surface or by built area than allowed by the following table:

      Area	No Stormwater Control Measures	Retention, Detention or Capture First Half Inch of Runoff	Management of First Inch of Rainfall
      Primary water supply watershed protection areas	6% impervious surface; or 3,500 sq. ft. if this is not more than 12% impervious surface	N/A	N/A
      Secondary water supply watershed protection areas not connected to both City water and sewer utilities	12% impervious surface; or 3,500 sq. ft. if this is not more than 24% impervious surface	N/A	N/A
      Secondary water supply watershed protection areas with connections to both City water and sewer utilities	12% impervious surface; or 3,500 sq. ft. if this is not more than 24% impervious surface	24% impervious surface	30% built area; or 3,500 sq. ft. if this is not more than 50% built area; 70% built area in areas designated in the Comprehensive Plan for higher impervious surfaces

   2. Impervious surfaces and built areas include all proposed public and private streets within the development approved after June 20, 1993 and all impervious surfaces and built areas on any lot and common area.
   3. Calculation of the area of the development includes all subdivision lots, new street rights-of-way established after June 20, 1993 and common areas within the watershed. Calculation of the area of the development excludes any widening of existing street rights-of-way, existing street rights-of-way and new street rights-of-way reserved in accordance with the Roadway Corridor Official Map Act, N.C. Gen. Stat. Chapter 136 Article 2E.
   4. All lots established after June 20, 1993 must comply the impervious surface coverage standards and the built area coverage standards of the Article.
   5. Substitutions of impervious surfaces done in accordance with Sec. 10.3.5.A. are allowed.
3. Required Stormwater Measures
   1. Stormwater Retention, Detention and Capture
      1. Within any secondary watershed protection area, lots which are connected to both City water and sewer utilities and have a total maximum impervious surface of more than 3,500 square feet may have an impervious coverage of more than 12% and less than 24%; provided that the first ½ inch of stormwater which directly or indirectly runs off the surfaces in excess of 12%, from the lot is:
         1. Retained for water harvesting and use on the site, infiltration into the soil, evaporation into the air, or a combination of these;
         2. Detained for at least a 12-hour period;
         3. Captured by an approved stormwater treatment device; or
         4. A combination of the above.
      2. Built area coverage of 24% or higher is allowed in secondary reservoir watershed protection areas when the first inch of rainfall (including the amount from the first 24% built area coverage) is captured by an approved stormwater treatment device. Such runoff must be managed in accordance with Sec.9.5.2.C.3 below.
   2. Stormwater Runoff From Streets
      1. Where impervious surface coverage is equal to or less than 12% in any primary water supply watershed protection area or equal to or less than 24% in any secondary water supply watershed protection area, the first ½ inch of stormwater which runs off any street must be contained within the development capture methods set forth in Sec. 9.5.2.C.1. above.
      2. Where impervious surface coverage is greater than 12% in any primary water supply watershed protection area or greater than 24% in any secondary water supply watershed protection area, the first inch of rainfall from streets must be managed in accordance with Sec. 9.5.2.C.3. below.
   3. Use of GSI in Secondary Watershed Protection Areas
      1. When built area exceeds 24% in secondary reservoir watershed protection areas, runoff from the entire development site must be controlled on a runoff volume basis such that the post-development volume of stormwater leaving the site is equal to or less than the predevelopment volume of stormwater leaving the site based on the 90th percentile storm. For the purpose of meeting this requirement for new development sites, the pre-development land cover must be assumed to be forested for the entire development site. The developer may request, and the City may approve, a design exception to this requirement based on one or more of the following criteria:
         1. Low infiltration rates of native soils on the site.
         2. Shallow depth to seasonally high groundwater table on the site.
         3. Shallow depth to bedrock on the site.
         4. Other hardship approved by the Engineering Services Director based on site conditions.
            In requesting a design exception to this requirement, the developer must demonstrate that runoff resulting from the first inch of rainfall over the entire development site will be detained or retained using conventional stormwater treatment practices, GSI practices, or a combination.
      2. Except where located in areas designated in the Comprehensive Plan for higher impervious surfaces, the maximum percent of impervious surface coverage in those portions of the secondary reservoir watershed protection areas connected to both City water and sewer utilities shall not exceed 30% unless the impervious surface coverage is 3,500 square feet per lot or less; in such instances the maximum impervious surface coverage allowed shall not exceed 50%.
      3. When the development is located in portions of secondary reservoir watershed protection areas that are specifically designated in the Comprehensive Plan for higher impervious surfaces, the maximum impervious surface coverage may not exceed 70%; provided that the property is connected to both City water and sewer utilities. No more than 5% of the land area within any 1 secondary reservoir watershed protection area may be developed with an impervious surface coverage in excess of 50% unless approved by the North Carolina Environmental Management Commission.
      4. The design of wet ponds must meet the specifications and requirements found within the Stormwater Management Design Manual.
4. Nitrogen and Phosphorous Loading
   1. New Development
      1. Applicability
         1. The following regulations apply to new development and expansions to impervious surfaces occurring on or after June 1, 2011.
         2. Substitutions of impervious surface done in accordance with Sec. 10.3.5.A. are allowed provided there is no net increase in impervious surface and equal or greater stormwater control is provided.
         3. Lots and structures existing prior to June 1, 2011 are not to be considered nonconforming solely because of the application of these regulations. Additions and expansions to existing impervious surfaces, uses and structures must comply with the requirements of these regulations; however, impervious surfaces existing prior to the initial application of these regulations are not to be included in the nitrogen and phosphorous loading calculations.
         4. All stormwater management plans required for new development on properties located within a -FWPOD must comply with the following regulations.
      2. Requirement
         1. Nitrogen and phosphorous loads contributed by the proposed new development activity may not exceed the unit-area mass loading rates as follows:
            1. a) Nitrogen: 2 2/10 pounds per acre per year; and
            2. b) Phosphorus: 33/100 of a pound per acre per year.
         2. The developer’s stormwater management plan must determine the load reductions necessary to comply with the above maximums by utilizing the loading calculation method prescribed in the Stormwater Control and Watercourse Buffer Manual.
         3. Developments that comply with the watershed stormwater control master plan approved for its watershed protection area are exempted from the requirements of this section. Compliance with watershed stormwater control master plan must include:
            1. a) The installation within the development of all stormwater control measures shown on the watershed stormwater control master plan;
            2. b) The payment of fees in lieu of installation, when allowed by the State; and
            3. c) The payment of any applicable drainage fees if the facilities prescribed by the master plan are constructed.
      3. Option for Offsetting a Portion of Nutrient Loading
         1. The developer shall have the option of offsetting a portion of the nitrogen and phosphorous load by implementing or funding offsite management measures. Prior to utilizing any off-site option, the developer’s stormwater management plan must implement structural stormwater controls that attain a minimum of 60% reduction in increased post-construction nitrogen loading rate and a minimum of 60% in increased post-construction phosphorus loading rate on-site and, when applicable, implementing all engineered stormwater controls for compliance with National Pollutant Discharge Elimination System requirements and any other State-mandated stormwater regulation.
         2. Offsetting measures provided off-site by the developer must achieve at least equivalent reductions in nitrogen and phosphorus loading as needed on-site to comply with the maximum loading rates specified above. Offsetting measures provided off-site must meet the requirements of State Administrative Rule 15A NCAC 02B .0282, which may include the following:
            1. Payments to the NC Ecosystem Enhancement Program contingent upon acceptance of payments by that program;
            2. A City approved offset program prescribed in the Raleigh Stormwater Control and Watercourse Buffer Manual; or
            3. An offset program proposed by the property owner which is located within the applicable reservoir watershed protection area basin subject to final approval by the Public Works Director.
      4. Maintenance of Stormwater Control Measures and Devices
         1. The land owner or person in possession or control of the land must maintain, repair, reconstruct, replace and make payments for all stormwater control measures and devices and open space areas required by the stormwater control plan in accordance with Sec. 9.2.2.G., unless those measures, devices and open space areas are accepted for maintenance by a governmental agency.
5. Maintenance of Stormwater Control Measures
   1. When retention devices, detention devices or wet ponds serve more than 1 lot and are located on private property, a maintenance covenant which complies with Sec. 9.2.2.G.2. for sharing the maintenance costs must be recorded.
   2. After approval by the City, a map must be recorded in the Wake County Registry, showing the location of the retention device, detention device or wet pond on the lot; the map must bear the following note: " The stormwater control facilities, which serve more than 1 lot, that are not accepted for maintenance by a governmental agency are required by the Raleigh City Code to be owned and maintained by a property owners association for which all lot owners shall be a member.”
6. Exemptions
   1. ​​​​​​​​​​​​​​The impervious surface coverage limitations and stormwater retention, detention and capture requirements within the secondary watershed protection area of a -FWPOD are inapplicable to any street, right-of-way, lot or improvement where its stormwater runoff flows by gravity to a watercourse located outside the overlay district. All gravity flow drainage plans must be approved by the Engineering Services Department.
   2. The impervious surface coverage limitations and stormwater retention, detention and capture requirements are inapplicable to a lot separated by deed conveyance prior to June 20, 1993; provided that, the lot is developed for single-unit living with no more than 3,500 square feet of impervious surfaces and the owner does not own any other contiguous real property which could be recombined.
7. Forestation of Lots
   Except as otherwise provided, every lot located within a -FWPOD must provide and maintain an area set aside for trees equal to at least 40% of the lot area in accordance with Sec. 9.1.9.

1. Natural Resource Buffer Yards
   Natural resource buffer yards consistent with Sec. 9.2.3. must be established.
2. Impervious Surface Coverage
   1. For all lots or portions of lots in existence prior to March 1, 1988 or lots established outside the subdivision process after this date, no additional impervious surface may be added to the property which would result in greater coverage by impervious surface or by built area than allowed by the following table:

      Area	No Stormwater Control Measures	Retention, Detention or Capture First Half Inch of Runoff	Management of First Inch of Rainfall
      Primary water supply watershed protection areas	6% impervious surface; or 3,500 sq. ft. if this is not more than 12% impervious surface	N/A	N/A
      Secondary water supply watershed protection areas not connected to both City water and sewer utilities	12% impervious surface; or 3,500 sq. ft. if this is not more than 24% impervious surface	N/A	N/A
      Secondary water supply watershed protection areas with connections to both City water and sewer utilities	12% impervious surface; or 3,500 sq. ft. if this is not more than 24% impervious surface	24% impervious surface	30% built area; or 3,500 sq. ft. if this is not more than 50% built area; 70% built area in areas designated in the Comprehensive Plan for higher impervious surfaces

   2. Impervious surfaces and built areas include all proposed public and private streets within the development approved after June 20, 1993 and all impervious surfaces and built areas on any lot and common area.
   3. Calculation of the area of the development includes all subdivision lots, new street rights-of-way established after June 20, 1993 and common areas within the watershed. Calculation of the area of the development excludes any widening of existing street rights-of-way, existing street rights-of-way and new street rights-of-way reserved in accordance with the Roadway Corridor Official Map Act, N.C. Gen. Stat. Chapter 136 Article 2E.
   4. All lots established after June 20, 1993 must comply the impervious surface coverage standards and the built area coverage standards of the Article.
   5. Substitutions of impervious surfaces done in accordance with Sec. 10.3.5.A. are allowed.
3. Required Stormwater Measures
   1. Stormwater Retention, Detention and Capture
      1. Within any secondary watershed protection area, lots which are connected to both City water and sewer utilities and have a total maximum impervious surface of more than 3,500 square feet may have an impervious coverage of more than 12% and less than 24%; provided that the first ½ inch of stormwater which directly or indirectly runs off the surfaces in excess of 12%, from the lot is:
         1. Retained for water harvesting and use on the site, infiltration into the soil, evaporation into the air, or a combination of these;
         2. Detained for at least a 12-hour period;
         3. Captured by an approved stormwater treatment device; or
         4. A combination of the above.
      2. Built area coverage of 24% or higher is allowed in secondary reservoir watershed protection areas when the first inch of rainfall (including the amount from the first 24% built area coverage) is captured by an approved stormwater treatment device. Such runoff must be managed in accordance with Sec. 9.5.3.C.3 below.
   2. Stormwater Runoff From Streets
      1. Where impervious surface coverage is equal to or less than 12% in any primary water supply watershed protection area or equal to or less than 24% in any secondary water supply watershed protection area, the first ½ inch of stormwater which runs off any street must be contained within the development capture methods set forth in Sec. 9.5.3.C.1. above.
      2. Where impervious surface coverage is greater than 12% in any primary water supply watershed protection area or greater than 24% in any secondary water supply watershed protection area, the first inch of rainfall from streets must be managed in accordance with Sec. 9.5.3.C.3 below.
   3. Use of GSI in Secondary Watershed Protection Areas
      1. When built area exceeds 24% in secondary reservoir watershed protection areas, runoff from the entire development site must be controlled on a runoff volume basis such that the post-development volume of stormwater leaving the site is equal to or less than the predevelopment volume of stormwater leaving the site based on the 90th percentile storm. For the purpose of meeting this requirement for new development sites, the pre-development land cover must be assumed to be forested for the entire development site. The developer may request, and the City may approve, a design exception to this requirement based on one or more of the following criteria:
         1. Low infiltration rates of native soils on the site.
         2. Shallow depth to seasonally high groundwater table on the site.
         3. Shallow depth to bedrock on the site.
         4. Other hardship approved by the Engineering Services Director based on site conditions.
            In requesting a design exception to this requirement, the developer must demonstrate that runoff resulting from the first inch of rainfall over the entire development site will be detained or retained using conventional stormwater treatment practices, GSI practices, or a combination.
      2. Except where located in areas designated in the Comprehensive Plan for higher impervious surfaces, the maximum percent of impervious surface coverage in those portions of the secondary reservoir watershed protection areas connected to both City water and sewer utilities shall not exceed 30% unless the impervious surface coverage is 3,500 square feet per lot or less; in such instances the maximum impervious surface coverage allowed shall not exceed 50%.
      3. When the development is located in portions of secondary reservoir watershed protection areas that are specifically designated in the Comprehensive Plan for higher impervious surfaces, the maximum impervious surface coverage may not exceed 70%; provided that the property is connected to both City water and sewer utilities. No more than 5% of the land area within any 1 secondary reservoir watershed protection area may be developed with an impervious surface coverage in excess of 50% unless approved by the North Carolina Environmental Management Commission.
      4. The design of wet ponds must meet the specifications and requirements found within the Stormwater Design Manual.
4. Nitrogen and Phosphorous Loading
   1. New Development
      1. Applicability
         1. The following regulations apply to new development and expansions to impervious surfaces occurring on or after June 1, 2011.
         2. Substitutions of impervious surface done in accordance with Sec. 10.3.5.A. are allowed provided there is no net increase in impervious surface and equal or greater stormwater control is provided.
         3. Lots and structures existing prior to June 1, 2011 are not to be considered nonconforming solely because of the application of these regulations. Additions and expansions to existing impervious surfaces, uses and structures must comply with the requirements of these regulations; however, impervious surfaces existing prior to the initial application of these regulations are not to be included in the nitrogen and phosphorous loading calculations.
         4. All stormwater management plans required for new development on properties located within a -SWPOD must comply with the following regulations.
      2. Requirement
         1. Nitrogen and phosphorous loads contributed by the proposed new development activity may not exceed the unit-area mass loading rates as follows:
            1. a) Nitrogen: 2 2/10 pounds per acre per year; and
            2. b) Phosphorus: 33/100 of a pound per acre per year.
         2. The developer’s stormwater management plan must determine the load reductions necessary to comply with the above maximums by utilizing the loading calculation method prescribed in the Stormwater Management Design Manual.
         3. Developments that comply with the watershed stormwater control master plan approved for its watershed protection area are exempted from the requirements of this section. Compliance with watershed stormwater control master plan must include:
            1. a) The installation within the development of all stormwater control measures shown on the watershed stormwater control master plan;
            2. b) The payment of fees in lieu of installation, when allowed by the State; and
            3. c) The payment of any applicable drainage fees if the facilities prescribed by the master plan are constructed.
      3. Option for Offsetting a Portion of Nutrient Loading
         1. The developer shall have the option of offsetting a portion of the nitrogen and phosphorous load by implementing or funding offsite management measures. Prior to utilizing any off-site option, the developer’s stormwater management plan must implement structural stormwater controls that attain a minimum of 60% reduction in increased post-construction nitrogen loading rate and a minimum of 60% in increased post-construction phosphorus loading rate on-site and, when applicable, implementing all engineered stormwater controls for compliance with National Pollutant Discharge Elimination System requirements and any other State-mandated stormwater regulation.
         2. Offsetting measures provided off-site by the developer must achieve at least equivalent reductions in nitrogen and phosphorus loading as needed on-site to comply with the maximum loading rates specified above. Offsetting measures provided off-site must meet the requirements of State Administrative Rule 15A NCAC 02B .0282, which may include the following:
            1. a) Payments to the City of Raleigh to implement the City-approved offset program;
            2. b) A City approved offset program prescribed in the Raleigh Stormwater Management Design Manual; or
            3. c) An offset program proposed by the property owner which is located within the applicable reservoir watershed protection area basin subject to final approval by the Engineering Services Director.
      4. Maintenance of Stormwater Control Measures and Devices
         The land owner or person in possession or control of the land must maintain, repair, reconstruct, replace and make payments for all stormwater control measures and devices and open space areas required by the stormwater control plan in accordance with Sec. 9.2.2.G., unless those measures, devices and open space areas are accepted for maintenance by a governmental agency.
5. Maintenance of Stormwater Control Measures
   1. When retention devices, detention devices or wet ponds serve more than 1 lot and are located on private property, a maintenance covenant which complies with Sec. 9.2.2.G.2. for sharing the maintenance costs must be recorded.
   2. After approval by the City, a map must be recorded in the Wake County Registry, showing the location of the retention device, detention device or wet pond on the lot; the map must bear the following note: " The stormwater control facilities, which serve more than 1 lot, that are not accepted for maintenance by a governmental agency are required by the Raleigh City Code to be owned and maintained by a property owners association for which all lot owners shall be a member.”
6. Exemptions
   1. The impervious surface coverage limitations and stormwater retention, detention and capture requirements within the secondary watershed protection area of a -SWPOD are inapplicable to any street, right-of-way, lot or improvement where its stormwater runoff flows by gravity to a watercourse located outside the overlay district. All gravity flow drainage plans must be approved by the Engineering Services Director.
   2. The impervious surface coverage limitations and stormwater retention, detention and capture requirements are inapplicable to a lot separated by deed conveyance prior to June 20, 1993; provided that, the lot is developed for single-unit living with no more than 3,500 square feet of impervious surfaces and the owner does not own any other contiguous real property which could be recombined.
7. Forestation of Lots
   Except as otherwise provided, every lot located within a -SWPOD must provide and maintain an area set aside for trees equal to at least 40% of the lot area in accordance with Sec. 9.1.9.

1. Agents and officials of the City shall have the right to inspect sites subject to the requirements of this Article to determine whether the measures, devices and open space areas required by this Article to control the rate and quality of stormwater are installed and operating as approved, whether such measures, devices and open space areas are being maintained and to determine if any encroachments or activities in any watercourse buffer area not permitted by this Article have occurred.
2. Notice of this right to make inspections shall be included in the stormwater control and watercourse buffer permits.
3. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties.

1. Civil Penalties
   1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues any activity for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be subject to the specific civil penalties set forth in Sec. 9.5.5.F.
   2. The penalties shall be assessed by the City. The initial civil penalty shall be assessed from the date of the violation. No penalty shall be assessed until the person alleged to be in violation is served by registered mail, certified mail-return receipt requested, personal service notice of violation or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4.
   3. The notice shall specify a time by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply.
   4. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe runoff.
   5. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation. If, after the allotted time period has expired, corrective action has not been completed, the additional civil penalties shall be assessed from the date of the initial violation. Each day of continuing violation thereafter shall constitute a separate violation.
   6. The City shall make written demand for payment upon the person in violation and shall set forth the amount of the penalty and the reason for assessing the penalty. Notice of the assessment shall be by registered or certified mail or any other means authorized under N.C. Gen. Stat. §1Aa, Rule 4. If the payment is not received within 30 days after demand for payment is made, the matter shall be referred to the City Attorney for institution of a civil action in the name of the City, in the appropriate division of the general court of justice in Wake County for recovery of the penalty. Such civil actions must be filed within 3 years of the date the assessment was due.
2. Stop-Work
   1. A stop-work order may be issued if an activity is being conducted or was conducted in violation of this Article, any regulation, rule or order duly adopted pursuant to this Article or is being undertaken or continued for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan and that either:
      1. The activity is being conducted without an approved plan, a permit or both;
      2. The violation endangers life, property or both or that such endangerment is imminent; and
      3. The activity is being conducted without installing all protective measures and devices in accordance with the approved stormwater control plan.
   2. All stop-work orders shall be in writing served on and directed to the person doing the work and shall state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed.
   3. The stop-work order shall be rescinded by written notice if all the violations for which the stop-work order were issued are corrected, no other violation have occurred and all measures necessary to abate the violations have been taken.
3. Criminal Penalties
   1. Any person who knowingly or willfully violates any provision of this Article, rule, regulation, order duly adopted or issued pursuant to this Article or who knowingly or willfully undertakes or continues an activity for which a stormwater control plan is required, except in accordance with the terms, conditions and provisions of an approved plan, shall be guilty of a misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000 or both, in the discretion of the court.
4. Injunctive Relief
   1. Whenever the City Council has reasonable cause to believe that any person is violating or threatening to violate this Article, rule, regulation or order duly adopted or issued pursuant to this Article or any term, condition or provision of an approved stormwater control plan, the City may, either before or after the institution of any other action or preceding authorized by this UDO, institute a civil action to restrain the violation or threatened violation. The action shall be brought in the Superior Court of Wake County.
   2. Upon determination by a court that an alleged violation is occurring or is threatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed or to prevent the threatened violation. The institution of an action for injunctive relief under this Subsection shall not relieve any party to the proceeding from any civil or criminal penalty prescribed for violations to this UDO.
5. Restoration
   1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues an activity except in accordance with the terms, conditions and provisions of an approved stormwater control plan is required to restore the waters, land and vegetation affected by the violation so as to minimize detrimental effects.
   2. The restoration plan shall first be approved by the City. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this section.
6. Specific Civil Penalties
   Civil penalties for specific violations of this Article shall be assessed as follows.
   1. Work without a Permit
      $5,000 per day for failure to secure a valid required stormwater control permit and/or watercourse buffer permit prior to conducting any land disturbing activity, any development or expansion, any placement of impervious surfaces or any new use or construction.
   2. Failure to Follow Plan
      $3,000 per day for failure to conduct a land-disturbing activity, placement of impervious surfaces, development or expansion in accordance with the provisions of an approved stormwater control plan.
   3. Failure to Maintain Stormwater Control Facilities
      $2,500 per day for failure to maintain stormwater control facilities.
   4. Failure to File Inspections Report
      $2,500 per day for failure to file required inspection report.
   5. Failure to Submit As-Built Plans
      $2,500 per day for failure to submit required as-built plans.
   6. Failure to Certify
      $2,500 per day for failure to certify that installed stormwater measures and devices are in compliance with the Raleigh Stormwater Management Design Manual and City approved the stormwater control plan, including modifications thereto approved by the City.
   7. Falsified Certification
      $3,000 for making a falsified certification.
   8. Failure to Record
      $2,500 per day for failure to record or timely record with the local register of deeds required plats identifying stormwater control facilities or required maintenance covenants or required escrow agreements.
   9. Failure to Revise Plan
      $2,500 per day for failure to file an acceptable, revised stormwater control plan within the established deadline after being notified of the need to do so.
   10. Failure to Correct a Violation
       $5,000 per day for failure to correct a violation within the time limitations established in a notice of violation.
   11. Failure to Obey a Stop-Work Order
       $5,000 per day for a violation of a stop-work order.
   12. Any other Action
       $2,500 per day for any other action or failure to act that constitutes a violation of the Article.
   13. Repeated Violation
       An additional civil penalty of $1,000 per day shall be charged to any person assessed a civil penalty for any violation of this Article within the prior 2 years. No initial civil penalty shall exceed $5,000; this limitation shall be inapplicable to continuous violations.