Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 16 Effective Date: September 01, 2013 Supp. No. 4 CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.2. ​Stormwater Management Sec. 9.2.2. Active Stormwater Control Measures private drainage easements conveying stormwater to and from the development to the facilities. ii. A process for relocating private drainage easements, with any relocation to require the prior written consent of the City. b. Easement Rights of Lot Owners A statement that owners of properties that will be served by the stormwater control facilities are: i. 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 ii. 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. c. City Easement/Right of Entry/No City Responsibility 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. ii. 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. d. 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. e. 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. f. 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. g. Responsibility for Stormwater Control Maintenance i. 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. ii. 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. h. Stormwater Control Facilities Maintained by an Association i. 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

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