Unified Development Ordinance

Article 9.5. Watershed Protection Areas

Article 9.5. Watershed Protection Areas aaron.sheppard… Mon, 05/08/2023 - 10:37

Sec. 9.5.1. Urban Watershed Protection Overlay District (-UWPOD)

Sec. 9.5.1. Urban Watershed Protection Overlay District (-UWPOD) aaron.sheppard… Wed, 05/24/2023 - 09:18
  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.

    Sec. 9.5.2. Falls Watershed Protection Overlay District (-FWPOD)

    Sec. 9.5.2. Falls Watershed Protection Overlay District (-FWPOD) aaron.sheppard… Wed, 05/24/2023 - 09:18
    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.

    Sec. 9.5.3. Swift Creek Watershed Protection Overlay District (-SWPOD)

    Sec. 9.5.3. Swift Creek Watershed Protection Overlay District (-SWPOD) aaron.sheppard… Wed, 05/24/2023 - 09:18
    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.

    Sec. 9.5.4. Inspections

    Sec. 9.5.4. Inspections aaron.sheppard… Wed, 05/24/2023 - 09:19
    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.

    Sec. 9.5.5. Enforcement

    Sec. 9.5.5. Enforcement aaron.sheppard… Wed, 05/24/2023 - 09:19
    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.