Article 9.2. Stormwater Management

Article 9.2. Stormwater Management aaron.sheppard… Mon, 05/08/2023 - 10:35

Sec. 9.2.1. General Provisions

Sec. 9.2.1. General Provisions aaron.sheppard… Wed, 05/24/2023 - 08:59

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.
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.
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.
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.
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.
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.

Sec. 9.2.2. Active Stormwater Control Measures

Sec. 9.2.2. Active Stormwater Control Measures aaron.sheppard… Wed, 05/24/2023 - 08:59

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.
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
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.
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.
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.
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.
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.
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.

Sec. 9.2.3. Watercourse Buffers

Sec. 9.2.3. Watercourse Buffers aaron.sheppard… Wed, 05/24/2023 - 08:59

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.
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.
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.
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.
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.

Sec. 9.2.4. Inspections

Sec. 9.2.4. Inspections aaron.sheppard… Wed, 05/24/2023 - 09:00

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.
Notice of this right to make inspections shall be included in the stormwater control and watercourse buffer 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.

Sec. 9.2.5. Enforcement

Sec. 9.2.5. Enforcement aaron.sheppard… Wed, 05/24/2023 - 09:00

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.
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.
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.
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.
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.
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.

Sec. 9.2.6. Variances and Appeals

Sec. 9.2.6. Variances and Appeals aaron.sheppard… Wed, 05/24/2023 - 09:01

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.

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