Stormwater Items to Reflect State Law (TC-2-25)
Stormwater Items to Reflect State Law (TC-2-25)
Stormwater Items to Reflect State Law (TC-2-25): This text change amends the Unified Development Ordinance to (1) exempt properties over one acre with one 1- or 2-unit dwelling from the full stormwater requirements if their limits of disturbance are less than one acre and (2) adopt the State’s definition of built-upon area. Read the draft ordinance.
Background information:
- When the City adopted the new Neuse Nutrient Strategy as TC-1-23, the stormwater regulations for one 1- or 2-unit dwelling on a parcel greater than one acre were changed. To better align with the NC Administrative Code Section 15A NCAC 02B .0711, the trigger should be based on “limits of disturbance” rather than parcel size. This would affect UDO Section 9.2.2.A.1.
- North Carolina Session Law 2024-49 changed the definition of “built-upon area”. This created discrepancies between the City’s UDO and the State statutes. Updates would impact UDO Section 9.2 Stormwater Management and UDO Chapter 12 Definitions.
Proposed Text Change:
Adoption of TC-2-2025 would:
- Allow one 1- or 2-unit dwelling on parcels over one acre to avoid the full stormwater regulations when the project limits of disturbance are one acre or less. They would instead be subject to zoning-based impervious area limits.
- Change the definition of built-upon area, which is the State’s term for impervious area. Slatted decks, certain gravel installations, and artificial turf over pervious land would be considered 0% built-upon area.
Public Meeting Schedule:
This text change is scheduled for a Planning Commission Text Change Committee meeting on May 21, 2025. Comments after this date should be submitted directly to Sally Hoyt.
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