Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 37 Effective Date: March 6, 2018 Supp. No. 5 Sec. 9.4.5. Maintenance A. During the development of a site, any person undertaking the land-disturbing activity must install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, any provision of this Article, the North Carolina Sedimentation Pollution Control Act of 1973 or any order adopted pursuant to this Article or the Sedimentation Pollution Control Act. B. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right- of-way or easement accepted for maintenance by a governmental agency. C. Whenever a permanent erosion and sediment control measure is washed out or is otherwise disabled the land owner or person in possession or control of the land shall replace the permanent erosion and sediment control measure within 15 working days or 30 calendar days, whichever period is shorter, unless a longer period of time is allowed in writing by the PublicWorks Director. D. When energy dissipators or other adequate erosion control measures serve more than 1 lot and are located on private property, they shall be located on a lot or lots which are as large or larger in size than the typical lot size within the development. There shall be recorded, after approval by the City, in theWake County Registry a map of those lots and said map shall bear the following note: "The energy dissipator which controls stormwater velocities, stormwater retention or detention devices and other erosion control measured located on this lot are required to be maintained by the property owner or owners for that portion of the device on his lot in accordance with the requirements of the Raleigh City Code. ” E. Whenever stormwater control facilities serve more than 1 lot that are not accepted for maintenance by a governmental agency, prior to recording any lot served by the facility a maintenance covenant conforming with Sec. 9.2.2.G.2. shall be recorded with the local county register of deeds offices. Sec. 9.4.6. Land Disturbing Activity Permit & Control Plans Required A. All land-disturbing activity permits shall be obtained from the PublicWorks Director. B. No person shall initiate any land-disturbing activity in a -FWPOD or -SWPOD in any watercourse natural buffer yard established pursuant to Sec. 9.2.3. in open space areas or to relocate any natural watercourse or in any other area if more than 12,000 square feet is to be uncovered unless, 30 or more days prior to the anticipated date for initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the PublicWorks Director; but this shall not restrict the initiation of land-disturbing activities when the plan is approved and the permit is issued in less than 30 days from initial submission. C. No permit authorized by this UDO shall be issued until the boundaries encompassing a work site adjacent to any -FWPOD, -SWPOD, watercourse natural resource buffer, trout water buffer, watercourse natural resource buffers in a -MPOD or in a CM District, a high-quality water zone, any tree protection limits of any -MPOD, CM and -SHOD- or any area where vegetation is required to be maintained by a conditional use district or an approved site plan 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. D. The following table summarizes the plan approval process required: Size of Site Plan required to be prepared and filed with: Less than 12,000 sq. ft. Between 12,000 sq. ft. and 1 acre Greater than 1 acre City of Raleigh No Yes Yes Plan approval required prior to commencement of land disturbance No Yes Yes Article 9.4. Erosion & Sedimentation Control | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.4.5. Maintenance