Unified Development Ordinance, 34th Supplement, October 2024

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

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 Engineering Services Director. 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. Sec. 9.5.4. Inspections A. Agents and officials of the City shall have the right to inspect sites subject to the requirements of this Article to determine whether the measures, devices and open space areas required by this Article to control the rate and quality of stormwater are installed and operating as approved, whether such measures, devices and open space areas are being maintained and to determine if any encroachments or activities in any watercourse buffer area not permitted by this Article have occurred. B. Notice of this right to make inspections shall be included in the stormwater control and watercourse buffer permits. C. No person shall obstruct, hamper, delay, resist or interfere with City agents or officials while in the process of carrying out their official duties.

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 Management Design 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 Engineering Services 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 the Wake 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.”

9 – 63 Published October 2024

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

Supp. No. 34