Out of these cookies, the cookies that are categorized as necessary are stored on your browser as they are as essential for the working of basic functionalities of the website. Chapter 7: DEVELOPMENT AND DESIGN STANDARDS The commencement, conduct or continuance of any illegal discharge to the storm drain system is prohibited except as described as follows: Every person owning property through which a watercourse passes, or such person's lessee, shall keep and maintain that part of the watercourse within the property free of trash, debris, excessive vegetation, and other obstacles that would pollute, contaminate, or significantly retard the flow of water through the watercourse. x]ms8~;ikLlgO_w A/%U%n4t~{r],;Wv[=(*?nMUmw7^d/o01?/o0"Dauz)U~}36?j7G$S?H?a~1C1Hd>@1u>g"K[hv9he~goo~|}stPk}es8YGHW5e]P[Qg{6N1)+~65 ,E ,>g>.~\1t\K."Q<4XU]T 5`I*EaC >WbiPxsqQA"?gjmvhioT!] The deeded area shall include sufficient area to perform inspections, maintenance, repairs and reconstruction. The Stormwater Management Engineer retains the right to perform inspections, deemed necessary by the Stormwater Management Engineer, on any stormwater control structure. In the event of a release of non- hazardous materials, said person shall notify the Town Manager in person or by phone or facsimile no later than the next business day. When the Town Manager finds that any person has violated, or continues to violate, any provision of this ordinance, or any order issued hereunder, the Town Manager may serve upon that person a written Warning Notice, specifying the particular violation believed to have occurred and requesting the discharger to immediately investigate the matter and to seek a resolution whereby any offending discharge will cease. The Town shall not return any of the unused deposited cash funds, which shall be retained for maintenance. Results of these investigations are to be documented and provided to the Town Manager. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance plan described in Section 4.4.6(G)(9) below. The provisions of this ordinance are hereby declared to be severable. vHVa*R{i]Uu=k#s.RiRe#S\C>C+Div6c:e/LPOohZ+!R#^::=B The LDO took effect July 1, 2003, replacing the Unified Development Ordinance and is amended from time to time. All improvements shall be made consistent with the approved plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. (D) Some lands within a general use district may also be classified as "conditional" when the land was previously designated as a conditional use district prior to July 1, 2003, but which We can help. Chief Development Officer A legal description of the area containing the stormwater control structure shall be prepared and filed consistent with Section 4.4.6(G)(9) as a separate deed with the Wake County Register of Deeds along with any easements necessary for general access to the stormwater control structure. The pond removes twenty-five (25) percent of the nitrogen and discharges seventy-five (75) percent into the buffer. Current through local ordinance 2022-Code-05, passed 11-17-2022 and effective 11-17-2022. The code requires a minimum lot size of 6,000 SF; maximum hive numbers range from 2 to 8 based on lot size, and . Sending another tweet as a sample. All devices used to measure stormwater flow and quality shall be calibrated to ensure their accuracy. Call 311 within Cary or (919) 469-4000 outside of Cary .,QJ=A)!R$#(T2R)w(){CT6`K[B$#I2) 1ZHa MX#X7nE_Pm}o1cK Whenever the Town Manager finds that a person has violated a prohibition or failed to meet a requirement of this ordinance, the Town Manager may order compliance by written notice of violation to the responsible person. Legislative Files; An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and who is responsible for those actions. The operator of a facility, including construction sites, required to have an NPDES permit to discharge stormwater associated with industrial activity shall submit a copy of the Notice of Intent (NOI) to the Town Manager at the same time the operator submits the original Notice of Intent to the EPA as applicable. Call 311 within Cary or 919-469-4000 outside of Cary. These BMPs shall be part of a Stormwater Management Plan (SWMP) as necessary for compliance with requirements of the NPDES permit. Illicit discharge detection and elimination. The sign may be display for a maximum of ninety (90) days. Facility operators shall allow the Town Manager ready access to all parts of the premises for the purposes of inspection, sampling, examination and copying of records that must be kept under the conditions of an NPDES permit to discharge stormwater, and the performance of any additional duties as defined by state and federal law. The owning entity shall then file a copy certified by the Register of Deeds with the Office of the Stormwater Management Engineer. subject to Landlords approval and Town of Cary Land Development Code. Xo{]Oo&R84 [4] In 2022, the town's population had increased to 180,388. We'll assume you're ok with this, but you can opt-out if you wish. Such notice may require without limitation: The performance of monitoring, analyses, and reporting; The elimination of illicit connections or discharges; That violating discharges, practices, or operations shall cease and desist; The abatement or remediation of storm water pollution or contamination hazards and the restoration of any affected property, Payment of a fine to cover administrative and remediation costs; and. We are the trusted codification partner for thousands of municipalities nationwide. Search, view and print information from the online file anytime! <>/ExtGState<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> 9.1.1 CARY LAND DEVELOPMENT ORDINANCE providing for the orderly movement of road users on streets and highways, and that notify road users of regulations and provide warning and guidance necessary for the safe, uniform, and efficient operation of all elements of the traffic stream. <> See a listing of frequently requested information. This board is made up of 9 regular members, 2 alternate members, and 1 teen representative. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 20 0 R 21 0 R 22 0 R 23 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> The Town of Cary will only provide construction permits to projects that establish a plan to manage stormwater runoff occurring during the construction process. Zoning Compliance | Town of Cary !ND\q&aD^W' [fK{ uku ZaM~B Bm |[no=6k:\-D/A^_(5v4mD9zF1WbOwg{Adu!kcX55.5%4rZ/MnN#Y9+uqo`f5/h4W@Im f8;SOqtGd1k~sQd{BmP04E$0nwflw|Cd.q9hI%!*I#=ZH8ejHd GPm O-s7ji,S0M 1s _[p:^u62kh3l__jfl~!}pm@k#^#| tEKP%rnl;7,Az"jy High Density Projects, having more than two (2) dwelling units per acre or more than twenty- four (24) percent impervious surface area for all residential and non-residential development, shall implement stormwater control measures that comply with each of the following standards: The stormwater control measures shall control and treat the difference between the pre-development and post- development conditions for the one (1) year twenty-four (24) hour storm. endobj Public education and outreach on stormwater impacts. The Town already had ordinances and programs in place that address the vast majority of those elements so the changes and impacts to the program were minimal. 911 Fire Garbage, Recycling & Yard Waste Historic Preservation Housing Make a Payment New to Cary? The issuance of Certificates of Occupancy for seventy-five percent (75%) of the subdivision phase or site plan, whichever occurs first. This category only includes cookies that ensures basic functionalities and security features of the website. PDF Chapter 9: Signs 9.1 General Provisions A quorum is 5 members. The cash or evergreen letter of credit shall be in an amount equal to fifteen (15) percent of the total cost of the stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten (10) year period, whichever is greater. 1 0 obj Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. Both banners are approved for display during the same time period. LAND DEVELOPMENT ORDINANCE TEXT AMENDMENTS Round 23, Items A,C,D,E, and These six program elements, or minimum control measures, are: The State mandated that the Town acquire an NPDES Phase II Stormwater Permit in 2005, requiring the Town to pass ordinances that addressed the six elements described above. All stormwater control structures shall be designed by either a North Carolina registered professional engineer or landscape architect, to the extent that the N.C. General Statutes allow. Pollution prevention/good housekeeping for municipal operations. Economic Development Committee - Council Committee. The Land Development Ordinance (LDO) regulates how land may be developed within Cary and its planning jurisdiction. The intent of the Watershed Protection Overlay is to ensure the availability of public water supplies at a safe and acceptable level of water quality for present and future residents of the Town and the surrounding region. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure. (uz{ endobj American Legal can help municipalities and counties host full ordinances, resolutions, and policies online to keep the public informed with the latest updates. Published by: American Legal Publishing. endobj Outstanding go that July 4 holiday, all curbside collection from July 4-6 will dump one day forward; July 3 collection is not impacted. Connect & Engage Town Departments & Offices. If the Stormwater Management Engineer approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Office of the Stormwater Management Engineer. Necessary cookies are absolutely essential for the website to function properly. Some icons is visual clutter IMO. It shall be unlawful for any person to violate any provision or fail to comply with any of the requirements of this ordinance. The maximum sign area applies to the size of the sign itself. Ordinances and Resolutions | Taos County, NM Quick search features allow you to find information from your minutes in an instant. If the Stormwater Management Engineer approves the inspection report, deed and easements, and accepts the certification, the owning entity shall file the Operation and Maintenance Agreement, deed and easements with the Wake County Register of Deeds and provide proof of recordation to the Stormwater Management Engineer. In the case of an illegal temporary sign, the Director shall be authorized to remove such sign immediately without notice. If specifications or guidelines of the BMP Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application of the specifications or guidelines in the BMP Manual. Zoning and Unified Development Codes. View the full list of prohibited signs in the Land Development Ordinance 9.1.4 (A). Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the Operation and Maintenance Agreement, the Town shall obtain and use all or any portion of the financial security to make necessary improvements based on an engineering estimate. Ordinance 2013-10 Board Of County Commissioners. Signs in the right-of-way are prohibited except as allowed by state or federal law. Such sign shall not exceed: A banner shall be allowed for a business undergoing a faade change or exterior renovation, as an alternative to a permitted permanent wall sign, provided that: A permit from Cary is obtained the banner meets the following criteria: One (1) banner shall be allowed for a new business provided that: A second banner meeting requirements of9.2.5(M) shall be allowed provided that: The following signs are prohibited by Cary. Compliance with all terms and conditions of a valid NPDES permit authorizing the discharge of storm water associated with industrial activity, to the extent practicable, shall be deemed in compliance with the provisions of this section. Off-site commercial signs are prohibited. Weve built a reputation of quality and innovation in codification services to fit your community. Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. (B) Hierarchy of General Use Districts, (B) Effect of Zoning Designation on Nonconforming Lot Status, (F) TR: Transitional Residential District, (G) RMF: Residential Multi-Family District, (H) RR: Resource/Recreation District, (I) OI: Office and Institutional District, (J) GC: General Commercial District, (K) CT: Walnut Street Corridor Transitional District, (L) ORD: Office/Research and Development District, (D) Walnut Street Corridor Subdistricts, (E) Authority Under Overlay District, (H) Changes to the Preliminary Development Plan Component of an Approved MXD District (Including Activity Center Concept Plans and Mixed Use Sketch Plans) or to an Approved PDD Master Plan, (B) Location of District and Applicability, (C) Subdistricts Created and Defined, (D) Eligibility and Process to Obtain Density Bonus, (E) Calculating the Base Number of Lots, (F) Increases to Base Density; Residential Use Type Allowed; and Minimum Dimensional Standards, (B) Location and Applicability; Compliance Required, (C) Process for Reviewing Developments; Approval by the Raleigh-Durham Airport Authority, (E) Nonconforming Uses and Structures, (F) Location of Buildings and Parking Areas, (C) Procedures for Development Approval, (D) Overview of High Density and Low Density Development Options, (F) Limitations on Impervious Surface Area and Density, (G) Engineered Stormwater Control Structures, (A) Purpose of Flexible Use Districts, (D) General Use and Development Standards, (E) Considerations for Mixed Use District Rezonings, (F) Changes to the Preliminary Development Plan Component of an Approved MXD District, (A) General Intent/Purposes of the PDD Districts, (D) General Use and Development Standards for All PDD Districts, Skip to code content (skip section selection), CODE OF ORDINANCES TOWN OF CARY, NORTH CAROLINA. Copyright 2023 AQUALIS. After all repairs have been completed, the owning entity shall engage the services of a qualified professional, licensed in the state of North Carolina, to inspect said improvements and to issue a report to the Stormwater Management Engineer. The following discharges are exempt from discharge prohibitions established by this ordinance: water line flushing, landscape irrigation, diverted stream flows, rising ground waters, uncontaminated ground water infiltration, uncontaminated pumped ground water, discharges from potable water sources, foundation drains, air conditioning condensation, irrigation water, springs, water from crawl space pumps, footing drains, lawn watering, individual residential car washing, flows from riparian habitats and wetlands, dechlorinated swimming pool discharges, and street wash water. 11.3.5 Activities Inconsistent with Conditions of Plan Approval or Permit. If the violator cannot be ascertained, then the notice of violation shall be sent to the record owner of the land on which the violation occurs. The copy of the Notice of Intent may be delivered to the Town Manager either in person or by mailing it to: Notice of Intent to Discharge Stormwater Services Manager, 316 N. Academy Street, Cary, NC 27513. The Town Manager shall be permitted to enter and inspect facilities subject to regulation under this ordinance as often as may be necessary to determine compliance with this ordinance. Please enable JavaScript in your browser for a better user experience. Please note that the English language version is the official version of the code. The sum of twenty- five (25) and twenty-two and five-tenths (22.5) is forty-seven and five-tenths (47.5). In the event the violation constitutes an immediate danger to public health or public safety, the Town Manager is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. Council. You also have the option to opt-out of these cookies. FZ+0_hCWC="$d The following JSON object is a standardized description of your dataset's schema. K. Requirement to Prevent, Control, and Reduce Stormwater Pollutants by the Use of Best Management Practices. Reach out using the form below. The requirements of this ordinance are in addition to the requirements of any other ordinance, rule, regulation, or other provision of law, and where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation, or other provision of law, whichever provision is more restrictive or imposes higher protective standards for human health or the environment shall control. Legal analysis provides research support for municipal attorneys, including review, guidance, and samples of similar codes to help get you started. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. These documents should not be relied upon as the definitive authority for local legislation. All rights reserved. In the event of such a release of hazardous materials said person shall immediately notify emergency response agencies of the occurrence via emergency dispatch services. Tara Adams Home / Land Use & Code Enforcement / Administration & Enforcement / Can a Property Owner Be Cited for a Zoning . Cary's development liaisons have expertise in the areas of planning, zoning, permitting, building code and inspections. Property owners are responsible for the maintenance of any stormwater facilities or practices located on the property. Advises the Town in ways to reduce the use of and impact on our community's natural resources through a comprehensive and continuous review of best practices and innovations. Endurable & Durable Cary; 2019 General Obligation Bond Referendum; 2020 Census; Economic & Development. https://t.co/9WDM3j2yXA via @Change. To meet the requirements of the Town of Cary NPDES Phase II Permit any new development or redevelopment as of July 1, 2005 not exempted pursuant to Section 7.3.2(B) must meet either the low density or high density option requirements described below. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided to the Town by the developer. )j~&VL5si`;+*@m=( ,=X":~Tc1C[ YPB ^[|5Z>?Kg]3pEtq|\g,-{E 5&j7x=wPMe Council Liaison: Jack Smith, jack.smith@carync.gov All best management practices that are implemented to achieve nitrogen or phosphorus reduction and flow attenuation will require complete legal documentation and a maintenance plan and must comply with all requirements of Section4.4.6(G), Engineered Stormwater Control Structures. The code provides use-specific standards for group homes and family care homes that limit group homes to 10 residents and family care homes to 6 residents, establish a distancing requirement of 1,320 feet for homes with more than 4 residents, and addresses parking (5.2.1.D). Fork facility closures also July 4 celebrations, read get. This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, or other provision of law. | Our team of attorneys, legal editors, and staff lead with experience. The Town of Cary has the right to require the discharger to install monitoring equipment as necessary. This dataset is updated as rezoning cases are submitted. Temporary and Time-Limited Signs | Town of Cary The Town Manager shall have the right to set up on any permitted facility such devices as are necessary in the opinion of the Town Manager to conduct monitoring and/or sampling of the facility's stormwater discharge. The purpose of this ordinance is to provide for the health, safety, and general welfare of the citizens of the Town of Cary through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. To establish legal authority to carry out all inspection, surveillance, monitoring, and enforcement procedures necessary to ensure compliance with this ordinance. Investigation and/or resolution of the matter in response to the Warning Notice in no way relieves the alleged violator of liability for any violations occurring before or after receipt of the Warning Notice. Submission of Notice of Intent to the Town of Cary. Receive an NOV? This website uses cookies to improve your experience while you navigate through the website. PDF documents are not translated. hbPYU&@ndD-$qQ&HdB+HJkm ;v=vz Failure to provide notification of a release as provided above is a violation of this ordinance. The Department of Planning and Development Services ispreparing for Cary's future with land use and transportation plans, affordable housing, protection of open space, and other initiatives. People with Disabilities Pet Services Plans, Publications & Reports Police Residential Inspections & Permits Senior Services & Resources Street Maintenance Traffic Transit Water, Sewer & Stormwater Projects & Initiatives Alerts & Closures The Land Development Ordinance (LDO) regulates how land may be developed within Cary and its planning jurisdiction. Watershed protection measures allowed by this section include: Stormwater control structures shall be owned by a property owner's association, or, for all properties except single-family residential development, the owner of the property. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management and shall be provided to the Stormwater Management Engineer in a timely manner. From Wikipedia, the free encyclopedia is a town in counties in the U.S. state of and is part of the -Cary, NC Metropolitan Statistical Area [1], its population was 174,721, making it the seventh largest municipality in North Carolina, and the 148th largest in the United States. Codifying zoning laws as a separate volume or as part of the Code of Ordinance allows for future changes to be incorporated easily. The town's land development ordinance defines group homes and family care homes as residential household living uses (12.3.2.B). The objectives of this ordinance are: This ordinance shall apply to all water entering the storm drain system generated on any developed and undeveloped lands unless explicitly exempted by the Town of Cary. All Rights Reserved Specific objectives include: control of nitrogen and phosphorus export from development, control of peak stormwater runoff, and the use of best management practices. New development or redevelopment in the Swift Creek or Jordan Lake Watersheds must meet the requirements of Section 4.4.6 of the LDO. It shall be a violation of this Ordinance to engage in any development, use of land, construction, remodeling, or other activity contrary to the terms and conditions of any plan approval, permit, or other form of authorization required to engage in such an activity. Notwithstanding other requirements of law, as soon as any person responsible for a facility or operation, or responsible for emergency response for a facility or operation has information of any known or suspected release of materials which are resulting or may result in illegal discharges or pollutants discharging into storm water, the storm drain system, or waters of the United States, said person shall take all necessary steps to ensure the discovery, containment, and cleanup of such release. Provide quick and easy access to your meeting minutes online. Unsolvable nightmare Code of Ordinances Town of Cary, North Carolina Durham, NC 27713. The following JSON object is a standardized description of your dataset's schema. Ordinance 2009-1 Flood Damage Prevention Ordinance. %PDF-1.5 If the Town Manager has been refused access to any part of the premises from which stormwater is discharged, and he/she is able to demonstrate probable cause to believe that there may be a violation of this ordinance, or that there is a need to inspect and/or sample as part of a routine inspection and sampling program designed to verify compliance with this ordinance or any order issued hereunder, or to protect the overall public health, safety, and welfare of the community, then the Town Manager may seek issuance of a search warrant. If a discharger has security measures in force which require proper identification and clearance before entry into its premises, the discharger shall make the necessary arrangements to allow access to representatives of the Town of Cary. The Town of Cary is covered under Phase II of the National Pollutant Discharge Elimination System (NPDES) program as part of the federal Clean Water Act. Specific requirements for these systems shall be in accordance with the Standard Engineering Details and Specifications Manual. Get Help Town of Cary 316 N. Academy St. Cary, NC 27513 919-469-4000 . excess garbage, and complaints of violation of various town ordinances. The deeded area shall include, but is not limited to detention pond, vegetative filters, all pipes and water control structures, berms and dikes. The costs of clearing such access shall be borne by the operator. In the case of stop work orders, violations shall subject the violator to immediate imposition of a penalty. Its the perfect solution for communities of any size. The . If more than one BMP is installed in series on a development, then the removal rate shall be determined through serial rather than additive calculations. Cary, NC Code of Ordinances and Land Development Ordinance. <>/Metadata 532 0 R/ViewerPreferences 533 0 R>> The Notice of Violation shall contain: In lieu of enforcement proceedings, penalties, and remedies authorized by this ordinance, the Town of Cary may impose upon a violator alternative compensatory actions, such as storm drain stenciling, attendance at compliance workshops, creek cleanup, etc. Meeting Calendar - Town of Cary, North Carolina Upon receipt of proof of recordation, the Stormwater Management Engineer will issue a Certificate of Watershed Protection. 2}$ n'"D^aq#^eM?88I8]zi^[yl,J5d{Mo&u
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