Unified Development Ordinance, 4th supplement, September 2017

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 1 – 3 Effective Date: September 01, 2013 Supp. No. 4 Article 1.1. Legal Provisions | CHAPTER 1. ​INTRODUCTORY PROVISIONS Sec. 1.1.8. Severability B. Conflicts and duplications among portions of this UDO shall be resolved in favor of the more stringent regulation. Sec. 1.1.8. Severability A. It is expressly declared that this UDO and each section, subsection, sentence and phrase would have been adopted regardless of whether one or more other portions of the UDO are declared invalid or unconstitutional (See Section 14- 1004). B. If for any reason any specific condition or regulation of a conditional use zoning district ordinance is found to be invalid, it is the intention of this section that such invalidity shall not affect other provisions or applications of the conditional use zoning district ordinance. However, when any property owner or their tenant or agents challenge any specific condition or regulation of a conditional use zoning district ordinance, then the entire zoning district ordinance shall return to its prior zoning classification upon a finding of invalidity of any specific condition or regulation. Sec. 1.1.9. Ownership & Management of Common Elements A. Applicability 1. This UDO requires common elements which are used for the benefit of multiple lots in a variety of its regulations, including, but not limited to: a. Tree conservation areas for subdivisions 2 acres and greater in size ( Sec. 9.1.4. ) ; b. Common open space ( Article 2.5. , Article 4.6. and Article 4.7.) ; c. Outdoor amenity area ( Sec. 1.5.3. ) ; d. Townhouse party walls; e. Objects or improvements for a subdivision located on, under, in, or over public property or public street right-of-way which is subject to an encroachment agreement with a governmental entity; and f. City greenways and permanently protected undisturbed open space areas ( Article 9.2. ) . 2. A City Code Covenant is required for developments that contain a common element. When a development contains a common element that is owned, maintained or installed to the benefit of a lot owned by a unit of government, alternate compliance to the City Code Covenant may be allowed. This alternate compliance must be in the form of a written agreement and must, to the satisfaction of the City’s Planning Director, address maintenance responsibilities, cost sharing, and rights of access. The alternate compliance described herein shall not relieve any lot owner of any other applicable provisions of this UDO. 3. For the purposes of this section, it does not matter whether the common elements are owned by a homeowners’ association or are governed by easements; in both instances, a City Code Covenant is required. An executed copy of the City Code Covenant shall be submitted to Planning and Development prior to the recording of the final subdivision plat or prior to the issuance of building permits whichever event first occurs. B. City Code Covenant The City Code Covenant is a form instrument that can be found on the City’s web portal. The contents of the City Code Covenant are: 1. Establishment of a homeowners' association; 2. Mandatory membership in the association for owners; 3. Association responsibility for expenditures, including liability insurance, taxes on common areas, maintenance of common elements, payment of assessments, utility charges and management, enforcement and administrative expenses; 4. Association empowerment to levy assessments against lot owners; 5. Easements for access, parking and walkways granted to owners; 6. Limitations on conveying common space or elements; 7. Provisions for common party walls; 8. Perpetual access easements for immediately abutting buildings; 9. Maintenance of private streets (if any); 10. Perpetual rights of access for all common elements and private streets for governmental agencies; 11. Obligations for tree protection; 12. Limits on immunity and indemnification; 13. Restrictions on parking on private streets; 14. Limits within clear sight triangles;

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