The City of Raleigh has enacted a Stormwater Ordinance in order to establish minimum stormwater management requirements and controls to protect and safeguard the general health, safety, and welfare of the public residing in watersheds within this jurisdiction. The City of Raleigh is the permitting authority for all land disturbing activities and requires the land owner to maintain all on-site stormwater control facilities and all open space areas (e.g. parks or “green” areas) required by the approved stormwater control plan. The City of Raleigh will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. The City of Raleigh, under the NPDES program, also has the authority to inspect properties for noncompliance and can issue a notice of violation (NOV) for any deficiency or infraction onsite. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. The City of Raleigh has the authority to inspect stormwater facilities and practices in order to ascertain that they are properly maintained and functioning.
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(Sec. 10-9027.)
The land owner or person in possession or control of the land shall maintain all on-site stormwater control facilities and all open space areas required by the approved stormwater control plan unless those facilities and open space areas are accepted for maintenance by a governmental agency. The land owner entitled to the exclusive use of an off-site drainage easement for one or more stormwater control facilities not accepted for maintenance by a governmental agency shall maintain said stormwater control facilities.
For off-site stormwater control facilities and for all other stormwater control facilities which serve more than one (1) lot that are not accepted for maintenance by a governmental agency, the developer shall execute and record with the local county register of deeds office a maintenance covenant with the following contents:
Standards of maintenance for stormwater control facilities.
A statement that stormwater control facilities shall be maintained in accordance with the attached stormwater operations and maintenance manual and budget, and at all times, the stormwater control facilities shall comply with all applicable laws, ordinances, regulations, rules and directives of governmental authorities, and that the stormwater control facilities shall perform as designed.
Responsibility for stormwater control maintenance.
A statement that the homeowners' association, property owners' association, or designated commercial lot owner shall be responsible continually for all stormwater control facilities in accordance with the attached stormwater operations and maintenance manual and budget. That failure to maintain any stormwater control facility as set forth herein and in the Code is a violation of the Raleigh City Code potentially subjecting each lot owner subject to this legal document to significant daily civil penalties and other enforcement actions.
Stormwater control facilities maintained by an association. (HOA)
If an association is delegated maintenance responsibilities, for the stormwater control facilities, The association shall have the power to levy assessments for operation and maintenance of the stormwater control facilities and that all unpaid assessments levied by the association shall become a lien on the individual parcel.
Stormwater control facilities maintained by a commercial lot owner.
If a commercial lot owner is responsible for maintenance of the stormwater control facilities, said owner is responsible for making all repairs, replacements of the stormwater control facilities in accordance with the construction drawings approved by the City.
The person responsible for maintenance of the stormwater control measures or devices shall submit to the Stormwater Utility Division of the Public Works Department of the City an inspection report from a qualified registered North Carolina professional engineer, surveyor, or landscape architect. The inspections report shall contain all of the following:
(a) The name, address of the land owner;
(b) The recorded book and page number of the lot of each required stormwater control facility and required open space areas;
(c) A statement that an inspection was made of all required stormwater control facilities, including open space areas;
(d) The date the inspection was made;
(e) A statement that all inspected stormwater control facilities and open space areas are performing properly and are in compliance with the approved stormwater control plan, the applicable maintenance manual required by §10-9025 and the Raleigh Stormwater Control and Watercourse Buffer Manual. No sampling of pollutant loading is required as part of the inspection;
(f) The original signature and seal of the engineer, surveyor, or landscape architect.
BMP Maintenance Checklist
BIORETENTION / CISTERN / DRY DETENTION / WET DETENTION / DRY WELL / GRASS SWALE / INFILTRATION