TO: Mayor and Members of City Council
THRU: Adam Lindsay, Assistant City Manager
FROM: Sheila Thomas-Ambat, Public Services Director
Byron Reeves, Assistant Public Services Director - Engineering
DATE: March 4, 2024
RE:
Title
Stormwater Development Ordinance - Functional Maintenance Responsibilities of Residential Subdivision SCMs
end
COUNCIL DISTRICT(S):
Council District(s)
All
b
Relationship To Strategic Plan:
Goal 3: High Quality Built Environment
Goal 4: Desirable Place to Live, Work and Recreate
Executive Summary:
At the August 29, 2023 Council Stormwater Committee Meeting, staff discussed proposed changes to the City's Stormwater Ordinance with respect to section 23-33(B). Section 23-33(B) outlines the conditions for single-family residential stormwater management facilities to be accepted by the City for functional maintenance.
With recent updates to North Carolina General Statute, the City's Stormwater Ordinance was in conflict with the newly added Section (d1) to G.S. 160D-925. The amended statute prohibits a local government from requiring the owner of a stormwater control measure to make payments to the local government for the purpose of ensuring assets are available for maintenance, repair, replacement, and reconstruction costs. Council approved a text amendment at the February 26, 2024 regular meeting that removed the provision requiring payment into the maintenance fund, addressing the conflict with General Statute.
Staff now seeks concurrence from City Council to amend the Ordinance to remove all of City Code Section 23-33(B). This would end the process for turning over functional maintenance of residential of single-family residential SCMs to the City.
Background:
The City's Stormwater Development Ordinance was adopted on October 27, 2008. Since its effective date of January1, 2009, the ordinance has been amended on multiple occasions. The purpose of the Stormwater Control Ordinance is to protect, maintain, and...
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