Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 22 Effective Date: March 6, 2018 Supp. No. 5 5. When diffuse flow is impractical to achieve, stormwater control facilities that attenuate the flow of stormwater runoff and control nitrogen may be approved by the City as an alternative means of compliance. E. Watercourse Buffer Permits 1. No development, expansion of development or change in use may occur on a lot containing a natural resource buffer or open space area required as part of an approved stormwater control plan, without first being issued a written watercourse buffer permit from the Office of Development Services. 2. The PublicWorks Director may not issue a watercourse buffer permit until the boundaries of any required natural resource buffer, riparian surface water buffer or permanently protected undisturbed open space areas that are adjacent to or encompass a work site are demarcated by a protective fence in the field. 3. No watercourse buffer permit may be issued for work in a riparian surface water buffer regulated by the State pursuant toTitle 15A of the North Carolina Administrative Code Subarticle 2B, Section .0233 unless: a. The North Carolina Division ofWater Quality has determined that surface waters are not present; b. The applicant provides sufficient documentation to demonstrate that the requested work is exempt under the rule; c. The North Carolina Division ofWater Quality has determined that the requested work is allowable with mitigation under the rule; or d. The North Carolina Environmental Management Commission has issued a variance under the rule. 4. Before receiving a watercourse buffer permit, the applicant must present to the Stormwater Utility Division of the PublicWorks Department with a copy of the applicable determination of the North Carolina Division ofWater Quality or a copy of the variance issued by the North Carolina Environmental Management Commission. Sec. 9.2.4. Inspections A. Agents and officials of the City shall have the right to inspect sites subject to the requirements of this Article to determine whether the measures, devices and open space areas required by this Article to control the rate and quality of stormwater are installed and operating as approved, whether such measures, devices and open space areas are being maintained and to determine if any encroachments or activities in any watercourse buffer area not permitted by this Article have occurred. B. Notice of this right to make inspections shall be included in the stormwater control and watercourse buffer permits. C. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties. Sec. 9.2.5. Enforcement A. Civil Penalties 1. Any person who violates any of the provisions of this Article, any regulation, rule or order duly adopted pursuant to this Article; or who undertakes or continues any activity for which a stormwater control plan is required except in accordance with the terms, conditions and provisions of an approved plan shall be subject to the specific civil penalties set forth in Sec. 9.2.5.F. 2. The penalties shall be assessed by the PublicWorks Department. The initial civil penalty shall be assessed from the date of the violation. No penalty shall be assessed until the person alleged to be in violation is served by registered mail, certified mail-return receipt requested, personal service notice of violation or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. 3. The notice shall specify a time by which the person must comply with this Article or any regulation, rule or order, duly adopted pursuant to this Article and inform the person of the actions that need to be taken to comply. 4. In setting the time for compliance, the City shall take into consideration the quantity and complexity of the work, the consequences of delay, the effectiveness of action taken by the violator and the staff investigative costs, but in no event shall the specified time limits be more than 10 calendar days for compliance, except a shorter time period may be required by the City inspector for an imminent threat to either severely degrade a watercourse or cause severe runoff. 5. The notice shall state that failure to correct the violation within the specified time period will result in the additional civil and criminal penalties for a continuing violation. If, after the allotted time period has expired, corrective action has not been completed, the additional civil penalties shall CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.2. ​Stormwater Management Sec. 9.2.4. Inspections