Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 15 Effective Date: March 6, 2018 Supp. No. 5 Article 9.2. ​​Stormwater Management | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.2.2. Active Stormwater Control Measures F. Preservation of Open Space Areas 1. Open Space Areas Preserved a. Areas designated on approved stormwater control plans as open space to be used for complying with this Article shall be preserved and protected. b. The only activities allowed in designated open space areas are those activities allowed by the approved stormwater control plan or allowed in riparian surface water buffers under Title 15A North Carolina Administrative Code Article 2B, section .0233, as amended from time to time. Determinations required by the North Carolina Administrative Code shall be made by the City. c. No work in open space areas shall proceed without a written protected watercourse buffer permit from the Inspections Director. d. Permanently protected undisturbed open space areas identified on stormwater control plans shall be recorded on plats recorded with the County Register of Deeds and clearly delineated with a fence. 2. Exchange of Open Space Areas Open space areas may not be subdivided or conveyed by the owner. However, nothing in this section shall prevent the mortgaging and hypothecating of open space areas; provided the mortgage applies to all portions of the tract and not just the open space areas, the mortgagee is informed that the open space areas are used for complying with the requirements of the Article and the rights of the mortgagee are subordinated to the rights of any property owner association and its members. Furthermore, nothing shall prevent the exchanging of open space areas for other properties when all of the following are met: a. If the open space area is owned by a homeowners' association, written notice of the exchange is given to each member of the association except in cases where the exchange is done to eliminate an encroachment; b. After the notice is given, if required, the owner of the open space area approves the exchange; c. The exchanged properties and other considerations are of like value and utility; d. The acreage and configuration of the remaining open space area including real property to be received in such exchange equal or exceeds the requirements of the City Code; and e. The exchange is approved by the PublicWorks Director. G. Maintenance of Stormwater Control Measures and Devices 1. General Requirements a. The land owner or person in possession or control of the land shall maintain all on-site stormwater control facilities and all open space areas required by the approved stormwater control plan unless those facilities and open space areas are accepted for maintenance by a governmental agency. b. The land owner entitled to the exclusive use of an off-site drainage easement for one or more stormwater control facilities not accepted for maintenance by a governmental agency shall maintain said stormwater control facilities. 2. Maintenance Covenant For off-site stormwater control facilities and all other stormwater control facilities which serve more than 1 lot that are not accepted for maintenance by a governmental agency, the developer shall execute and record with the local county register of deeds office a maintenance covenant. The maintenance covenant shall be on an approved City form, with the contents described below. When a stormwater control facility benefits a lot owned by a unit of government, alternate compliance to the Maintenance 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 Director of Public Works, address maintenance responsibilities, cost sharing, the City’s right to assess the property, and rights of access to the City. The alternate compliance described herein shall not relieve any lot owner of any other applicable provisions of this UDO. a. Location of Stormwater Control Facilities and Drainage Easements i. A description of portions of property where stormwater control facilities are located as well as a description of the location of all