Unified Development Ordinance, 31st Supplement, May 2024

CHAPTER 9. ​NATURAL RESOURCE PROTECTION | Article 9.5. Watershed Protection Areas

5. Control Sedimentation Control all land-disturbing activities so that such activities are planned and undertaken to prevent off-site sedimentation damage. 6. Manage Stormwater Runoff Manage stormwater runoff when the increase in the velocity of stormwater runoff resulting from a land-disturbing activity can cause accelerated erosion at the point of discharge or receiving watercourse, plans are to include measures to control the velocity at the point of discharge so as to minimize accelerated erosion of the site and sedimentation of the receiving watercourse. 7. Control Operations in Lakes or Natural Watercourses Control land-disturbing activities in connection with construction in, on, over or under a lake or natural watercourse so that such activities are planned and undertaken to minimize the extent and duration of disturbance of the lake or natural watercourse. Natural watercourses should be preserved. B. An erosion and sedimentation control plan may be disapproved if the plan fails to address the foregoing control objectives. C. When deemed necessary by the approving authority, a pre-construction conference shall be held. Sec. 9.4.4. Standards for Land-Disturbing Activity No land-disturbing activity shall occur except in accordance with the following standards; wherever there is a conflict between two or more of these standards, the more stringent regulation is controlling. A. General Requirements 1. Prior Plan Approval a. An erosion and sedimentation control plan must be approved by the Engineering Services Director at least 30 days prior to any regulated land-disturbing activity. This does 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. Failure to approve, approve

b. When determining the area of land-disturbance, the square footage of land-disturbance of all land and bodies of water disturbed or to be disturbed shall be aggregated, regardless of whether under single or diverse ownership. c. A surety equal to the cost of clearing, grubbing and reseeding a site shall be paid to the City prior to grading permit issuance. If the property is subject to a continuing violation the City may cash the surety. d. An approved erosion and sedimentation control plan is required for any land-disturbing activity of 12,000 square feet or greater. e. An approved erosion and sedimentation control plan is required for any land-disturbing activity below 12,000 square feet for the following: i. Land-disturbing activity in any Watershed Protection Area; ii. Relocation of any natural watercourse; iii. Upon the occurrence of off-site sedimentation; or iv. When a person conducting a land-disturbing activity has been issued two or more Notices of Violation, within the last 2 years, for failure to comply with the provisions of Article 9.4. For purposes of this subsection, an applicant's record is considered for the 2 years prior to the development permit application date. 2. Protection of Property Persons conducting land-disturbing activity must take all reasonable measures to protect all public and private property from damage caused by land-disturbing activity. 3. NPDES Stormwater Permit for Construction Activity Documentation required under the site National Pollutant Discharge Elimination System (NPDES) stormwater permit for construction activity shall be submitted to the City. B. Adequate Erosion Control Measures Adequate erosion control measures shall be provided in accordance with Sec. 9.2.2.E.

with modifications, or disapprove a completed draft erosion and sedimentation control plan within 30 days of receipt shall be deemed approval of the plan.

Supp. No. 31

9 – 46 Published May 2024

Part 10: Unified Development Ordinance City of Raleigh, North Carolina