Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 11 – 13 Effective Date: September 01, 2013 Supp. No. 2 Article 11.4. Enforcement Provisions | CHAPTER 11. ​BUILDING AND HOUSING CODE Sec. 11.4.3. Plans and Specifications representative. The owner shall authorize any work for which a building permit is required. Sec. 11.4.3. Plans and Specifications Where plans and specifications are required, a permittee's copy of the same marked "approved" by the Department of Inspections shall be available at the work site for all inspections requested by the permittee and shall be made available for any inspection upon request by the Department of Inspections. Sec. 11.4.4. Limitations on Issuance of Permits No building permit shall be issued for work on any new or existing dwelling unless the plans and specifications thereof contain information sufficient to indicate that the work proposed will conform to the provisions of Article 11.6. Housing Code . A. No building permit shall be issued for new construction where City water or sewer mains are not available without written approval by theWake County Health Department of the required water supply or waste disposal systems. B. No permit shall be issued to any person who has failed after notice to remedy defective work, or has failed to pay a civil penalty assessed pursuant to this UDO which is due and for which no appeal is pending, or to otherwise comply with the Code of the City of Raleigh, the regulatory codes adopted therein, or the laws of the State of North Carolina. C. No licensed contractor shall secure a permit from the Department of Inspections for any other person or persons not qualified in accordance with the provisions of the technical codes to do any work covered by the regulatory codes. D. No building or flood permit shall be issued during the pendency of an application for the revision of a floodprone area boundary of such property unless the proposed construction or filling is permitted under the existing floodprone area regulations and also under the revision proposed for the property. E. No permit authorized by this UDO shall be issued until the boundaries of any natural resource buffer yard, any open space area, any riparian surface water buffers, and any tree protection adjacent to or encompassing a work site are clearly and accurately demarked by a protective fence in the field. The location and extent of all authorized land-disturbing activities shall be similarly demarcated for so long as any land-disturbing activity continues. F. This provision shall apply to any building permit for which a plat plan is required and to preliminary site plans not otherwise subject to the approval of the City Council. If such a building permit is requested within a planned right-of-way for public streets or utilities for which dedication or reservation is not otherwise required, or the planned site of public buildings or facilities, including but not limited to fire stations, police stations, parks and greenways, schools, utilities treatment, storage, transmission, or collection facilities, and waste disposal facilities shown on the comprehensive plan, the administrative official charged with receiving the building permit request shall forward the request to City Council in its next regularly scheduled meeting. The City Council shall decide at that meeting whether it wishes to require the reservation. If the Council does wish to require the reservation, it shall have a period of 7 months in which to acquire the reserved area by purchase or eminent domain. If the Council has not purchased the reservation interest or begun condemnation proceedings within the 7-month period, the building permit applicant may treat the land as free of the reservation and the permit shall then be issued. G. If the Raleigh Historic Development Commission has voted to recommend designation of an area as an Historic Overlay District, or if theWake County Historic Preservation Commission has voted to recommend designation of a property as an historic landmark (or, to the extent that theWake County Historic Preservation Commission does not have jurisdiction, if the Raleigh Historic Development Commission has voted to recommend designation of a property as an historic landmark), the demolition or destruction of any building, site, or structure located in the proposed district or on the property of the proposed historic landmark may be delayed by the commission with jurisdiction for a period of up to 180 days or until the City Council takes final action on the designation, whichever occurs first. Should the Council approve the designation prior to the expiration of the 180-day delay period, an application for a certificate of appropriateness for demolition must then be requested. H. No building permit will be issued on any parcel of a parent tract when forestry has occurred on the parent tract within the last 5 years and the 32-foot and 65- foot wide perimeter buffers set forth in Article 9.1. Tree Conservation , were not preserved.

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