Unified Development Ordinance, 5th supplement, March 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 38 Effective Date: March 6, 2018 Supp. No. 5 Sec. 9.4.7. Additional Measures A. Whenever the City determines that off-site sedimentation may occur or is occurring as a result of a previous or on-going land-disturbing activity, despite application and maintenance of protective practices, the person undertaking the land-disturbing activity or the person responsible for maintenance will be required to and shall provide further adequate erosion control measures. B. The PublicWorks Director shall serve one or more of the following: any person undertaking a land-disturbing activity or the person responsible for maintenance or any of their appointed agents, written notice of violation with this section, specifying the noncompliance. C. Service shall be done in any of the following ways: Registered mail, certified mail return receipt requested, personal service or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4. D. The notice shall set forth the measures needed to come into compliance and shall state the time within which such compliance must be completed and warn that failure to correct the violation within the time period will result in the additional civil and criminal penalties for a continuing violation. Alternative equivalent measures may be submitted and, if approved by the City, must be completed within the time period stated for compliance. E. In determining the measures required and the time allowed for compliance, the PublicWorks Director shall take into consideration the economic feasibility, technology, quantity of work required and extent of damage; it shall then set reasonable and attainable time limits for compliance. F. The failure to comply with the notice or approved alternate equivalent measures within the time specified shall be a further violation of this UDO. Sec. 9.4.8. Appeals A. Except as provided in Sec. 9.4.8.D. below, the disapproval or required modification of any proposed erosion control plan or the refusal to issue a grading or other necessary permit by the City shall entitle the person who submitted the plan or applied for the permit to appeal this decision to the City Council. B. Appeal must be made in writing to the City Clerk and the PublicWorks Director within 15 days of written notice of disapproval or modification of plan or refusal to issue a permit. C. No appeal, other than to reduce the width of the natural resource buffer yards, that would be inconsistent with either the Standards of theWater Supply Watershed Act, N.C. Gen. Stat. §143-214.5 or the regulations adopted pursuant thereto shall be granted without the prior approval of the Environmental Management Commission. D. Upon receipt of an appeal, the City shall notify in writing and in sufficient time to allow a reasonable comment period, all other local governments having jurisdiction within the water supply watershed. Each year the City will transmit to the Environmental Management Commission a report on each appeal it receives. E. Hearings held pursuant to this section shall be held by the City Council within 30 days from the date the appeal is filed in the City Clerk’s office. The City Council shall then render a decision no later than 21 days following said hearing. F. If the City Council upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall within 15 days following the decision of the City Council be entitled to appeal the City Council’s action to the Sedimentation Control Commission pursuant toTitle 15 4B.0018(b) of the North Carolina Administration Code and N.C. Gen. Stat. §113A-61(c). G. In the event that an erosion control plan is disapproved, the City shall notify the Director of the Division of Land Resources of the North Carolina Department of Environment, Health and Natural Resources of such disapproval within 10 days. The City shall advise the applicant and the PublicWorks Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of Sec. 9.4.8.A. through Sec. 9.4.8.C. above, the applicant may appeal the City’s disapproval of the plan directly to the Sedimentation Control Commission. H. Judicial review of the final action of the erosion plan review committee of the Sedimentation Control Commission may be had in Superior Court ofWake County. Sec. 9.4.9. Compliance with Plan Requirements A. Any person who fails to file a plan in accordance with this UDO or who undertakes a land-disturbing activity except in accordance with provisions of a plan approved under this UDO shall be deemed in violation of this UDO. CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.4. Erosion & Sedimentation Control Sec. 9.4.7. Additional Measures