Sec. 9.2.1. General Provisions

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