Unified Development Ordinance

Sec. 9.4.5. Maintenance

Sec. 9.4.5. Maintenance aaron.sheppard… Wed, 05/24/2023 - 09:13
  1. During the development of a site, any person undertaking the land-disturbing activity must install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, any provision of this Article, the North Carolina Sedimentation Pollution Control Act of 1973 or any order adopted pursuant to this Article or the Sedimentation Pollution Control Act.
  2. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street rightof-way or easement accepted for maintenance by a governmental agency.
  3. Whenever a permanent erosion and sediment control measure is washed out or is otherwise disabled the land owner or person in possession or control of the land shall replace the permanent erosion and sediment control measure within 15 working days or 30 calendar days, whichever period is shorter, unless a longer period of time is allowed in writing by the Engineering Services Director.
  4. When energy dissipators or other adequate erosion control measures serve more than 1 lot and are located on private property, they shall be located on a lot or lots which are as large or larger in size than the typical lot size within the development. There shall be recorded, after approval by the City, in the Wake County Registry a map of those lots and said map shall bear the following note: "The energy dissipator which controls stormwater velocities, stormwater retention or detention devices and other erosion control measured located on this lot are required to be maintained by the property owner or owners for that portion of the device on his lot in accordance with the requirements of the Raleigh City Code.”
  5. Whenever stormwater control facilities serve more than 1 lot that are not accepted for maintenance by a governmental agency, prior to recording any lot served by the facility a maintenance covenant conforming with Sec. 9.2.2.G.2. shall be recorded with the local county register of deeds offices.