Wake Forest Unified Development Ordinance - July 2022

Erosion, Flood, Stormwater & Watershed Standards 12.6 Water Supply Watershed Protection Regulations


1. Whenever the Town of Wake Forest finds that any user of the municipal separate storm sewer system is violating the improper disposal provisions, the Administrator, or their designee, shall serve upon such a person a notice of violation and direct the responsible part to:


Comply immediately;

ii. Comply in accordance with a schedule set forth in the notice; or

iii. Take appropriate remedial or preventative action in the event of a continuing or threating violation.

2. No penalty shall be assessed without following the outlined notice of violation procedures for stormwater in section 16.3.5 of the UDO. Civil penalties also apply as listed in 16.3.7. F. Appeals Process 1. Any person who has been served a notice of violation or assessed a civil penalty under this section may request an appeal hearing from the Administrator, or designee, provided such appeal is taken within 30 days of the challenged action as outlined in Chapter 15 of the UDO. 2. Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment in accordance with Section 15.12.

12.6. Water Supply Watershed Protection Regulations

12.6.1. Water Supply Watershed Protection Overlay (Falls Lake, Richland Creek and Smith Creek) A. Applicability: The following regulations shall apply to all parcels or portions of parcel that fall within designated watershed areas as noted on the official zoning map. Where the standards of these regulations differ from the base district (e.g., density, maximum impervious surface) these regulations shall take precedence. The Water Supply Watershed Protection Overlay District shall apply to all Special Flood Hazard Areas within the Town and its extraterritorial jurisdiction (ETJ). The Special Flood Hazard Areas are those identified under the Cooperating Technical State (CTS) agreement between the State of North Carolina and FEMA in its Flood Insurance Study (FIS) for Wake County dated May 2, 2006 and updated Preliminary FIS dated March 2015 (currently under review), and its accompanying Flood Insurance Rate Map (FIRM) Panels (1729, 1738, 1739, 1749, 1830, 1831, 1832, 1840, 1841, 1842, 1850 and 1851) which are adopted by reference and declared to be a part of this Ordinance. The “Special Flood Hazard Areas” also include those defined through standard engineering analysis for private developments or by governmental agencies, but which have not yet been incorporated in the FIRM. B. Authority: These regulations are adopted pursuant to NCGS §143-214.5, as amended, and the Water Supply Watershed Protection Rules established by the North Carolina Environmental Management Commission. The purpose of the Watershed Protection Overlay Districts is to ensure the protection, availability, and quantity of public water supplies for recreational and aesthetic purposes, to minimize sedimentation of streams, and to protection the environment, health, and general welfare of present and future residents of the Town and the Triangle Region under the authority set forth in Section 1.2 Authority of this Ordinance and in NCGS 160A-174. In addition, the Legislature of the State of North Carolina has, in Chapter 143, Article 21 of the North Carolina General Statutes, entitled Water and Air Resources, directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare pursuant to the more specific requirements set forth in

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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