Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 24 Effective Date: March 6, 2018 Supp. No. 5 open space area, shall re-stabilize the land and plant 9 inches of tree circumference for every 100 square feet of disturbed land area or disturbed vegetative area. All replacement trees shall be native woodland species. Any watercourse that has been unlawfully piped, relocated or otherwise unlawfully disturbed shall be re-established. These plantings shall be installed within the time limit specified by the PublicWorks Director. In setting the time limit for compliance, the PublicWorks Director shall take into consideration the quantity of work, planting season and the consequences of delay. F. Specific Civil Penalties Civil penalties for specific violations of Article 9.2. Stormwater Management shall be assessed as follows. 1. Work without a Permit $5,000 per day for failure to secure a valid required stormwater control permit or watercourse buffer permit prior to conducting any land-disturbing activity, any development or expansion, any placement of impervious surfaces or any new use or construction. 2. Failure to Follow Plan $3,000 per day for failure to conduct a land-disturbing activity, placement of impervious surfaces, development or expansion in accordance with the provisions of an approved stormwater control plan. 3. Failure to Maintain Stormwater Control Facilities $2,500 per day for failure to maintain stormwater control facilities. 4. Failure to File Inspections Report $2,500 per day for failure to file required inspection report. 5. Failure to Submit As-Built Plans $2,500 per day for failure to submit required as-built plans. 6. Failure to Certify $2,500 per day for failure to certify that installed stormwater measures and devices are in compliance with the Raleigh Stormwater Control and Watercourse Buffer Manual and City approved the stormwater control plan, including modifications thereto approved by the City. 7. Falsified Certification $3,000 for making a falsified certification. 8. Failure to Record $2,500 per day for failure to record or timely record with the local register of deeds required plats identifying stormwater control facilities or required maintenance covenants or required escrow agreements. 9. Failure to Revise Plan $2,500 per day for failure to file an acceptable, revised stormwater control plan within the established deadline after being notified of the need to do so. 10. Failure to Correct a Violation $5,000 per day for failure to correct a violation within the time limitations established in a notice of violation. 11. Failure to Obey a Stop-Work Order $5,000 per day for a violation of a stop-work order. 12. Any other Action $2,500 per day for any other action or failure to act that constitutes a violation of the Article. 13. Repeated Violation An additional civil penalty of $1,000 per day shall be charged to any person assessed a civil penalty for any violation of this Article within the prior 2 years. No initial civil penalty shall exceed $5,000; this limitation shall be inapplicable to continuous violations. CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.2. ​Stormwater Management Sec. 9.2.5. Enforcement