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: February 26, 2024
RE:
Title
Stormwater Ordinance Text Amendment, Sec. 23-33 Ownership & Maintenance of Stormwater Management Facilities
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:
With recent updates to the North Carolina General Statutes, the City's Stormwater Ordinance is 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.
Staff seeks concurrence from City Council on the proposed Ordinance amendment to remove City Code Section 23-33(B.5), removing the requirement of the developer paying into a maintenance fund an amount equal to 20 percent of the initial construction cost of the stormwater management facilities.
It is important to note that no changes to development standards are being recommended for the Ordinance at this time and this proposed amendment would align the City's Ordinance with current General Statute.
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 enhance the public health, safety, and general welfare by establishing minimum requirements and procedures to control the adverse effects of the increase in stormwater quantity and the stormwater runoff quality associated with both...
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