Unified Development Ordinance, 6th supplement, September, 2018

Part 10A: Unified Development Ordinance City of Raleigh, North Carolina 9 – 51 Effective Date: March 6, 2018 Supp. No. 5 c. Option for Offsetting a Portion of Nutrient Loading i. The developer shall have the option of offsetting a portion of the nitrogen and phosphorous load by implementing or funding off- site management measures. Prior to utilizing any off-site option, the developer’s stormwater management plan must implement structural stormwater controls that attain a minimum of 60% reduction in increased post-construction nitrogen loading rate and a minimum of 60% in increased post-construction phosphorus loading rate on-site and, when applicable, implementing all engineered stormwater controls for compliance with National Pollutant Discharge Elimination System requirements and any other State- mandated stormwater regulation. ii. Offsetting measures provided off-site by the developer must achieve at least equivalent reductions in nitrogen and phosphorus loading as needed on-site to comply with the maximum loading rates specified above. Offsetting measures provided off-site must meet the requirements of State Administrative Rule 15A NCAC 02B .0282, which may include the following: a) Payments to the City of Raleigh to implement the City-approved offset program; b) A City approved offset program prescribed in the Raleigh Stormwater Control andWatercourse Buffer Manual; or c) An offset program proposed by the property owner which is located within the applicable reservoir watershed protection area basin subject to final approval by the PublicWorks Director. d. Maintenance of Stormwater Control Measures and Devices The land owner or person in possession or control of the land must maintain, repair, reconstruct, replace and make payments for all stormwater control measures and devices and open space areas required by the stormwater control plan in accordance with Sec. 9.2.2.G. , unless those measures, devices and open space areas are accepted for maintenance by a governmental agency. E. Maintenance of Stormwater Control Measures 1. When retention devices, detention devices or wet ponds serve more than 1 lot and are located on private property, a maintenance covenant which complies with Sec. 9.2.2.G.2. for sharing the maintenance costs must be recorded. 2. After approval by the City, a map must be recorded in theWake County Registry, showing the location of the retention device, detention device or wet pond on the lot; the map must bear the following note: " The stormwater control facilities, which serve more than 1 lot, that are not accepted for maintenance by a governmental agency are required by the Raleigh City Code to be owned and maintained by a property owners association for which all lot owners shall be a member.” F. Exemptions 1. The impervious surface coverage limitations and stormwater retention, detention and capture requirements within the secondary watershed protection area of a -SWPOD are inapplicable to any street, right-of-way, lot or improvement where its stormwater runoff flows by gravity to a watercourse located outside the overlay district. All gravity flow drainage plans must be approved by the Soil Conservation Division of the City. 2. The impervious surface coverage limitations and stormwater retention, detention and capture requirements are inapplicable to a lot separated by deed conveyance prior to June 20, 1993; provided that, the lot is developed for single-unit living with no more than 3,500 square feet of impervious surfaces and the owner does not own any other contiguous real property which could be recombined. G. Forestation of Lots Except as otherwise provided, every lot located within a -SWPOD must provide and maintain an area set aside for trees equal to at least 40% of the lot area in accordance with Sec. 9.1.9. Article 9.5. Watershed Protection Areas | CHAPTER 9. ​NATURAL RESOURCE PROTECTION Sec. 9.5.3. Swift Creek Watershed Protection Overlay District (-SWPOD)