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6.8.4.   Payment In-Lieu of Providing Sidewalks
Only those proposed sidewalks that may cause conflicts with other Town, State, or federal infrastructure projects may be subject to the requirements for fee-in-lieu provision in accordance with Section 6.3, Fee-in-Lieu.
(Ord. 2020-36, passed 12-2-2019)
6.9.   SOIL EROSION & SEDIMENTATION
6.9.1.   Natural Drainage System Utilized to the Extent Feasible
   A.   To the extent practicable, all development shall conform to the natural contours of the land and natural and preexisting human-made drainage ways shall remain undisturbed.
   B.   To the extent practicable, lot boundaries shall be made to coincide with natural and preexisting human-made drainage ways within subdivisions to avoid creation of lots that can be built upon only by altering the drainage ways.
(Ord. 2020-36, passed 12-2-2019)
6.9.2.   Development must Drain Properly
   A.   All development shall be provided with a drainage system that is adequate to prevent the undue retention of surface water on the development site. Surface water shall not be regarded as unduly retained if:
      1.   The retention results from a technique, practice or device deliberately installed as part of an approved sedimentation or storm water runoff control plan; or
      2.   The retention is not substantially different in location or degree than that experienced by the development site in its pre-development stage, unless the retention presents a danger to health or safety.
   B.   No surface water may be channeled or directed into a sanitary sewer.
   C.   Whenever practicable, the drainage system of a development shall coordinate with and connect to the drainage systems or drainage ways on surrounding properties or streets.
   D.   Use of drainage swales rather than curb and gutter and storm sewers in subdivisions is provided elsewhere. Private roads and access ways within unsubdivided developments shall utilize curb and gutter and storm drains to provide adequate drainage if the grade of the roads or access ways is too steep to provide drainage in another manner or if other sufficient reasons exist to require the construction.
(Ord. 2020-36, passed 12-2-2019)
6.9.3.   Erosion and Sedimentation Control Plan Required
Any development subject to a site plan, preliminary plat, or final plat that requires land disturbing activity of one acre in area or more shall require prior approval of an erosion and sedimentation control plan by the Wake County Inspections Division in accordance with The Wake County Soil Erosion and Sedimentation Control Ordinance and Section 113A-57(4) of the North Carolina General Statutes.
(Ord. 2020-36, passed 12-2-2019)
6.9.4.   Exemptions
Section 6.9.3, Erosion and Sedimentation Control Plan Required, shall not apply in cases where the Wake County Inspections Division or the State Sedimentation Control Commission has certified to the Town that:
   A.   An erosion and sedimentation control plan for the associated project has already been submitted to and approved by the County or the Commission; or
   B.   The Wake County Inspections Department or the State Sedimentation Control Commission has examined the preliminary plans for the development and it reasonably appears that an erosion and sedimentation control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the County or the Commission approves the erosion and sedimentation control plan.
(Ord. 2020-36, passed 12-2-2019)
6.9.5.   Timing of Review
An applicant for development subject to this section shall submit proof of an approved erosion and sedimentation control plan prior to issuance of a grading permit, building permit, or final plat, as appropriate.
(Ord. 2020-36, passed 12-2-2019)
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