HomeMy WebLinkAboutORD-2007-217 -Amendents to the Soil Erosion and Sedimentation Control Ordinance0RJQ - a6o7-4;F/7
This item was removed and placed at the end of the consent agenda for separate
consideration.
I. Fiscal Year 2007 -08 Budget Amendment #3
The Board approved budget, grant, and capital project ordinance amendments for fiscal year
2007 -08 for Department of Social Services, Department on Aging, Health Department,
Recreation and Park Department, Arts Commission, Conservation Easements Capital Project
Ordinance, Orange County Schools Capital Project Ordinances, Planning Department, and
Cooperative Extension Department; and suspended the County's $250 per day park rental fee.
L Proposal to Participate in the NACo Prescription Drug Card Program
The Board approved the contract to implement the NACo Prescription Discount Card Program,
authorized the Chair to sign the contract after County Attorney review, and designated the
Social Services Director as the contact person for the contract.
k. Amendment to Contract with Arcadia Health Services, Inc. to Provide In -Home Aide
Services to Eligible Adults
The Board approved the contract with Arcadia Health Services, Inc. for In -Home Aide Services
to eligible adults and authorized the Chair to sign.
I. Replacement/Upgrade of 9 -1 -1 Dispatch Computers
The Board authorized the Purchasing Director to purchase replacement 9 -1 -1 Dispatch
Computers and upgrades for the Computer Aided Dispatch software used in the 9 -1 -1 Center,
and to execute the necessary paperwork.
m. Amendments to the Soil Erosion and Sedimentation Control Ordinance
The Board approved proposed amendments to the Soil Erosion and Sedimentation Control
Ordinance presented at the May 21, 2007 Quarterly Public Hearing.
n. Amendments to the Orange County Stormwater Ordinance for Lands within the Neuse
River Basin
The Board approved required amendments to the Orange County Stormwater Ordinance for
Lands within the Neuse River Basin to reflect changes in the Nitrogen Reduction Offset
payment calculation presented at the May 21, 2007 Quarterly Public Hearing.
o. Approval of the Contract with The Archer Group to Complete a Pay, Classification and
Benefits Study
This item was removed and placed at the end of the consent agenda for separate
consideration.
p. Change in BOCC Regular Meeting Schedule for 2007
The Board amended its regular meeting calendar by changing the Quarterly Public Hearing,
scheduled for Monday, November 19, 2007 at 7:30 at the F. Gordon Battle Courtroom in
Hillsborough to a BOCC Work Session, at 7:30 p.m. to be held at the Link Government
Services Center, 200 South Cameron Street, in Hillsborough, NC. (Preceded by a 5:30 p.m.
dinner meeting /work session with the Economic Development Commission, at the Link
Government Services Center).
gL Authorization for Purchasing Director to Exceed Signature Authorization for
Emergency Work on Elevator at Whitted Building
This item was removed and placed at the end of the consent agenda for separate
consideration.
VOTE ON CONSENT AGENDA: UNANIMOUS
ITEMS REMOVED FROM CONSENT AGENDA:
h. First Baptist and Manley Estates Senior Housing Funding Request
Orange County
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Soil Erosion
and
Sedimentation Control
Ordinance
October 23, 2007
Orange County SE & SC Ordinance October 23 2007
TABLE OF CONTENTS:
SECTION1 TITLE ................................................................................................................. ..............................1
SECTION2 PURPOSES .......................................................................................................... ..............................1
Section 2.1 Findings of Fact Relating to Sedimentation and Erosion in University Lake, Cane Creek,
andUpper Eno Watersheds ........................................................................................... ..............................1
Section 2.2 Objectives of Regulations Applicable to University Lake, Cane Creek, and Upper Eno
Watersheds...................................................................................................................... ..............................2
SECTION3 DEFINITIONS .................................................................................................... ............................... 3
SECTION 4 JURISDICTION AND EFFECT ............................................................................ ............................... 9
SECTION 5 SCOPE AND EXCLUSIONS (COUNTY WIDE) .................................................... ............................... 9
SECTION 6 GENERAL REQUIREMENTS FOR AREAS OTHER THAN UNIVERSITY LAKE, CANE
CREEK, AND UPPER ENO WATERSHEDS ........................................................ .............................10
A. Protection of Property ................................................................................ .............................10
B. Erosion Control Plan Requirement ............................................................. .............................10
Section 6.1 General Requirements for University Lake, Cane Creek, and Upper Eno Watersheds ......................11
A. Plan Requirement ..................................................................................... ............................... 11
B. Plan Waiver .................................................:.............................................. .............................11
C. Protection of Property ................................................................................ .............................12
SECTION 7 BASIC CONTROL OBJECTIVES ........................................................................ .............................12
A. Identify Critical Areas ................................................................................ .............................12
B. Plan for Erosion Control ............................................................................. .............................12
C. Limit Exposed Areas .................................................................................. .............................12
D. Limit Time of Exposure ............................................................................. .............................12
E. Control Surface Water ................................................................................ .............................12
F. Control Sedimentation ..............................:................................................. .............................12
G. Manage Stormwater Runoff ....................................................................... .............................13
SECTION 8 MANDATORY DESIGN AND PERFORMANCE STANDARDS FOR LAND - DISTURBING
ACTIVITY.......................................................................................................... .............................13
A.
Buffer Zone ................................................................................................
B.
.............................13
Graded Slopes and Fills
C.
.............................................................................. .............................14
Ground Cover
D.
............................................................................................. .............................14
Design and Performance of Control Measures
E.
........................................... .............................15
Prior Plan Approval
............................... ...............................
Section 8.1
Additional Standards for Land - Disturbing Activity in University Lake, Cane Creek, and
UpperEno Watersheds ..................................................................................................
.............................16
SECTION 9
STORMWATER OUTLET PROTECTION
............................................................ .............................19
A.
Control of Discharge in University Lake, Cane Creek, and Upper Eno Watersheds ..............19
B.
Control of Velocity .....................................................................................
C.
.............................19
Standards
.................................................................................................. ...............................
20
Orange County SE & SC Ordinance October 23 2007
SECTION 10 BORROW AND WASTE AREAS ....................................................................... ............................... 21
SECTION 11 ACCESS AND HAUL ROADS ............................................................................ ............................... 22
SECTION 12 OPERATIONS IN LAKES OR OTHER NATURAL WATERCOURSES ................ ............................... 22
SECTION 13 RESPONSIBILITY FOR INSTALLATION AND MAINTENANCE ........................ ............................... 22
Section13.1 Off -site Facilities ........................................................................................................... .............................23
SECTION 14 ADDITIONAL MEASURES ................................................................................. .............................23
SECTION 15 EXISTING UNCOVERED AREAS ..................................................................... ............................... 23
AExisting Sites .............................................................................................. .............................23
BNotice of Violation ................................................................................... ............................... 23
CPlan Requirements .................................................................................... ............................... 24
DReservoir Sites .......................................................................................... ............................... 24
SECTION16 EROSION CONTROL OFFICER ....................................................................... ............................... 24
SECTION17 PERMITS ......................................................................................................... ............................... 24
A. When Required ......................................................................................... ............................... 24
B. Erosion Control Plan Approvals ............................................................... ............................... 25
C. Land Disturbing Permits .......................................................................... ............................... 25
D. Expiration of Permits ................................................................................ ............................... 25
E. Fees ............................................................................................................. .............................25
F. Building Permits ....................................................................................... ............................... 26
G. Revocation of Land Disturbing Permit ..................................................... ............................... 26
SECTION 18 EROSION AND SEDIMENTATION CONTROL PLANS ...................................... ............................... 26
A. Plan Requirement ..................................................................................... ............................... 26
B. Review by the Soil & Water Conservation District ................................... .............................27
C. Review and Response to Plans ................................................................. ............................... 27
D. Plan Content ............................................................................................. ............................... 28
E. Plan Amendments ..................................................................................... ............................... 28
F. Statement of Ownership and Financial Responsibility ............ Error! Bookmark not defined.
G. Review of Other Environmental Documents ........................................... ............................... 29
H. Consideration of Applicants Past Performance .................... ...............................
I. Erosion Control Plan Available on Site .................................................... ............................... 29
Section18.1 Erosion Control Standards ............................................................................................ .............................29
A. Orange County Standards ......................................................................... ............................... 30
B. Revisions to the Standards ....................................................................... ............................... 30
C. Consistency Between Ordinance and Standards ...................................... ............................... 30
SECTION19 APPEALS ........................................................................................................... .............................30
A. Appeal Process ......................................................................................... ............................... 30
B. Appeal of Erosion Control Plan ............................................................... ............................... 31
SECTION 20 COMPLIANCE WITH PLAN REQUIREMENTS ................................................. ............................... 32
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Orange County SE & SC Ordinance October 23, 2007
SECTION 21 INSPECTIONS AND INVESTIGATIONS ............................................................. ............................... 32
A. Site Inspections ......................................................................................... ............................... 32
B. Authority to Enter Property and Conduct Investigations and Inspections .............................. 32
C. Notice of Violation ................................................................................... ............................... 32
D. Power to Require Statements ................................................................... ............................... 33
E. Power to Revoke Land Disturbing Permits .............................................. ............................... 33
F. Stop Work Orders ..................................................................................... ............................... 33
G. Appeal of Stop Work Order ..................................................................... ............................... 33
SECTION22 PENALTIES ..................................................................................................... ............................... 34
A. Civil Penalties ........................................................................................... ............................... 34
B. Criminal Penalties .................................................................................... ............................... 36
SECTION 23 INJUNCTIVE RELIEF ...................................................................................... ............................... 36
A. Civil Action in Superior Court ................................................................. ............................... 36
BOrder to Cease Violation .......................................................................... ............................... 36
SECTION 24 RESTORATION OF AREAS AFFECTED BY FAILURE TO COMPLY ................ ............................... 37
SECTION25 SEVERABILITY ............................................................................................... ............................... 37
SECTION26 EFFECTIVE DATE ........................................................................................... ............................... 37
SECTION 27 REVISIONS TO THIS ORDINANCE .................................................................. ............................... 37
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Orange County SE & SC Ordinance October 23 2007
WHEREAS, the County Commissioners of Orange County, North Carolina, recognize a great
need to control soil erosion and sedimentation and those activities which result in erosion and
sedimentation within Orange County and within areas affecting the county; and
WHEREAS, the North Carolina General Assembly, through Chapter 392 of the Session Laws of
North Carolina, 1973, and other laws, has delegated to local governments the power to control
such erosion and sedimentation; and
WHEREAS, Orange County Commissioners desire to exercise such power;
NOW, THEREFORE, BE IT ORDAINED by the County Commissioners of Orange County, North
Carolina.
SECTION I TITLE
This Ordinance may be cited as the Orange County Soil Erosion and Sedimentation
Control Ordinance.
SECTION 2 PURPOSES
This Ordinance is adopted for the purposes of:
(1) Regulating the clearing, grading, excavation, filling and manipulation of
the earth and the moving and storing of waters in order to: control and
prevent accelerated soil erosion and sedimentation, prevent the pollution of
water, prevent damage to public and private property, maintain the balance
of nature, prevent the obstruction of natural and artificial drainageways,
inhibit flooding and reduce the undermining of roads and other
transportation facilities.
(2) Establishing procedures through which these purposes can be fulfilled.
Notwithstanding the provisions of Section 5 herein, the Board of County Commissioners
hereby declares its intent that all of the departments and agencies of Orange County, its
contractors and subcontractors shall comply with the regulations set forth in this
Ordinance.
Section 2.1 Findings of Fact Relating to Sedimentation and Erosion in University
Lake, Cane Creek, and Upper Eno Watersheds
The County Commissioners find that, without strict sedimentation and erosion
controls, the development of land within the University Lake, Cane Creek, and
Upper Eno Watersheds will have a significant adverse impact upon the health,
safety, and welfare of all persons served by the water supply reservoirs within
these watersheds. More specifically:
Orange County SE & SC Ordinance October 23 2007
A. Stormwater runoff carries pollutants into water supply reservoirs,
degrading water quality. These pollutants include, but are not limited to,
organic and inorganic chemicals.
B. The increase in nutrients such as phosphorus and nitrogen will accelerate
eutrophication of water supply reservoirs, adversely affecting flora and
fauna.
C. The improper channelization of watercourses and drainage areas in the
University Lake, Cane Creek, and Upper Eno Watersheds will increase the
velocity of runoff, thereby increasing erosion and sedimentation.
D. The alteration of the natural topography and removal of vegetation will
increase erosion by increasing velocity of runoff.
E. The siltation of water bodies resulting from increased erosion will decrease
the capacity of the water bodies to hold and transport water, and harm flora
and fauna.
F. Sedimentation further reduces water quality because it transports pollutants
into the water, then releases them in the water as it settles.
G. Impervious surfaces will increase the volume and rate of stormwater
runoff. This allows less water to percolate into the soil, thereby decreasing
groundwater recharge. Increased velocity of runoff also reduces the
filtering effect of the soil.
H. Improperly managed stormwater runoff will increase the incidence of
flooding and the level of floods which occur.
Section 2.2 Objectives of Regulations Applicable to University Lake, Cane Creek,
and Upper Eno Watersheds
The regulations set forth in this Ordinance applicable to the University Lake, Cane
Creek, and Upper Eno Watersheds are designed:
1. To protect and maintain the chemical, physical and biological quality and
integrity of water supply reservoirs within these watersheds and other
critical watershed areas.
2. To prevent harm to the residents of the community by prohibiting activities
which adversely affect water supply reservoirs as a public water supply.
3. To encourage the protection of natural systems and the utilization of these
systems in a manner which does not impair their beneficial functioning.
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Orange County SE & SC Ordinance October 23 2007
4. To discourage the construction of drainage systems which do not
functionally approximate the natural drainage pattern.
5. To minimize sedimentation and erosion, within the watershed, and as a
result, minimize the transport of sediment and pollutants to University
Lake.
6. To protect and maintain the existing habitat of fish and wildlife.
7. To prevent damage from flooding while recognizing that natural
fluctuations in water levels are beneficial.
8. To protect the absorptive, purifying and retentive functions of the natural
systems existing in the University Lake, Cane Creek, and Upper Eno
Watersheds area.
9. To ensure the attainment of these objectives by requiring the approval and
implementation of sedimentation and Erosion Control Plans for all
activities which may adversely affect the University Lake, Cane Creek, and
Upper Eno Watersheds.
10. To provide and enforce design and performance standards for control of
post - development erosion and sedimentation in order to preserve the
characteristics that existed in the University Lake, Cane Creek, and Upper
Eno Watersheds Area prior to development.
SECTION 3 DEFINITIONS
As used in this Ordinance, unless the context clearly indicates otherwise, the following
definitions apply:
Accelerated Erosion - means any increase over the rate of natural erosion as a result of
land - disturbing activities.
Acre - means 43,560 square feet.
Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules
and orders adopted pursuant to it.
Adequate Erosion Control Measure, Structure, or Device - means one which controls
the soils material within the land area under responsible control of the person conducting
the land - disturbing activity.
Affiliate- a person that directly, or indirectly through one or more intermediaries, controls,
is controlled by, or is under common control of another person.
Orange County SE & SC Ordinance October 23 2007
Agricultural Land - is land used primarily for the production of plants and animals and
intended for private consumption or sale, including but not limited to forage and sod
crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy
products; poultry and poultry products; livestock, including the breeding and grazing of
any or all such animals; bees and apiary products; fur animals.
Being Conducted - means a land - disturbing activity has been initiated and permanent
stabilization of the site has not been completed.
Borrow - means fill material which is required for on -site construction and is obtained
from other locations,
Buffer Area or Zone - means the strip of land adjacent to a lake or natural watercourse.
The boundaries and purposes of which are as set forth in Sections 8(A) and 8.1H.
Cane Creek Watershed Area — comprises all the land area contributing water to Cane
Creek Reservoir.
Channel - a natural or artificial watercourse with a definite bed and banks to confine and
conduct the flow of water.
Channel Alterations - a change of the water - carrying capacity or flow characteristics of a
natural or artificial channel by clearing, excavation, bank stabilization or other means.
Channel Stabilization - erosion prevention and stabilization of velocity distribution in a
channel using jetties, drops, revetments, vegetation, and other measures.
Coastal Counties - means the following North Carolina counties: Beaufort, Bertie,
Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde,
New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and
Washington.
Commission - means the North Carolina Sedimentation Control Commission.
Completion of Construction or Development - means that no further land - disturbing
activity is required on a phase of a project except that which is necessary for establishing a
permanent ground cover.
Denuded Area - any area deprived of its protective vegetative cover and left in that
exposed condition.
Department - means the North Carolina Department of Environment, Health, and Natural
Resources.
Development - any man -made change to improved or unimproved real estate, including
but not limited to construction of buildings or other structures, mining, dredging, filling,
grading, paving, excavation, or drilling operations.
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Orange County SE & SC Ordinance October 23 2007
Discharge Point - means that point or points at which runoff leaves a tract of land.
District - means the Orange Soil and Water Conservation District created pursuant to
Chapter 139, North Carolina General Statutes.
Diversion - a channel or a ridge or combination thereof which is constructed across
sloping land either on the contour or at a pre - determined grade. Its purpose is to intercept
and divert surface runoff before it gains sufficient volume and velocity to cause erosion
and convey the surface runoff to a protected area.
Energy Dissipator - means a structure or a shaped channel section with mechanical
armoring placed at the outlet of pipes or conduits to receive and break down the energy
from high velocity flow.
Erosion - means the wearing away of land surface by the action of wind, water, gravity,
or any combination thereof.
Ground Cover - means any natural vegetative growth or other material which renders the
soil surface stable against accelerated erosion.
Groundwater Recharge - the infiltration of water into the earth. It may increase the total
amount of water stored underground or only replenish supplies depleted through pumping
or natural discharge.
High Quality Waters - means those classified as such in 15A NCAC 2B.0101(e) (5) -
General Procedures, which is incorporated herein by reference to include further
amendments pursuant to G. S. 150B- 14(c).
Explanatory Note: The complete official definition of High Quality Waters
is contained in 15A NCAC 2B. 0101(e) (5) - General Procedures. In
general, High Quality Waters are defined by the Division of Environmental
Management as those waters which are: those rated as excellent based on
biological and physical /chemical characteristics; native trout waters;
primary or functional nursery areas; critical habitat areas; all water
supply watersheds which are either classified as WS -I or WS -II or those for
which a formal petition for reclassification as WS-1 or WS -II has been
received by the Division of Environmental Management; and all Class SA
(shellfish) waters.
High Quality Water (HQW) zones - means areas in the Coastal Counties that are within
575 feet of High Quality Waters and for the remainder of the state areas that are within
one mile and drain to HQW's.
Impervious Structure - is any structure which prevents free seepage of rainwater into the
ground, including but not limited to buildings, paved roads, paved parking lots, airport
runways, etc.
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Orange County SE & SC Ordinance October 23 2007
Intermittent Stream - a stream or portion of a stream that flows only in direct response
to precipitation. It receives little or no water from springs and no long - continued supply
from melting snow or other sources. It is dry for a large part of the year.
Lake or Natural Watercourse - means any stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or
impounded, in which sediment may be moved or carried in suspension, and which could
be damaged by accumulation of sediment or any body of water which is or would be
denoted by a solid blue line or solid blue shapes on United States Geological Survey
topographic maps.
Land - disturbing Activity - means any use of the land by any person in residential,
industrial, educational, institutional, or commercial development, highway and road
construction and maintenance that results in a change in the natural cover or topography
and that may cause or contribute to sedimentation.
Local Government - means any county, incorporated village, town or city, or any
combination of counties, incorporated villages, towns, and cities, acting through a joint
program pursuant to the provisions of the Act.
Natural Erosion - means the wearing away of the earth's surface by water, wind, or other
natural agents under natural environmental conditions undisturbed by man.
Open Burning of Trees, Limbs, Stumps and Construction Debris Associated with the
Permitted Activity - shall be defined to be the disposal of limbs, stumps and construction
debris associated with the permitted activity by means of outdoor fires.
Parent - an affiliate that directly, or indirectly through one or more intermediaries,
controls another person.
Peak Discharge - the maximum instantaneous flow from a given storm condition at a
specific location.
Person - means any individual, partnership, firm, association, joint venture, public or
private corporation, trust, estate, commission board, public or private institution, utility,
cooperative, interstate body, or other legal entity.
Person Conducting Land - disturbing Activity - means any person who may be held
responsible for a violation unless expressly provided otherwise by this Ordinance, the Act,
or any order adopted pursuant to this Ordinance or the Act.
Person Responsible for the Violation - as used in this Ordinance means:
A. The developer or other person who has or holds himself/herself out
as having financial or operational control over the land - disturbing
activity; or
rol
Orange County SE & SC Ordinance October 23 2007
B. The landowner or person in possession or control of the land when
he /she has directly or indirectly allowed the land- disturbing activity
or has benefited from it or he /she has failed to comply with any
provision of this Ordinance, the Act, or any order adopted pursuant
to this Ordinance or the Act as imposes a duty upon him/her.
Phase of Grading - means one of two types of grading, rough or fine.
Plan - means erosion and sediment control plan.
Sediment - means solid particulate matter, both mineral and organic, that has been or is
being transported by water, air, gravity, or ice from its site of origin.
Sedimentation - means the process by which sediment resulting from accelerated erosion
has been or is being transported off the site of the land - disturbing activity or into a lake or
natural watercourse.
Siltation - means sediment resulting from accelerated erosion which is settable or
removable by properly designed, constructed, and maintained control measures; and
which has been transported from its point of origin within the site of a land - disturbing
activity; and which has been deposited, or is in suspension in water.
Storm Drainage Facilities - the system of inlets, conduits, channels, ditches, and
appurtenances which serve to collect and convey stormwater through and from a given
drainage area.
Stormwater Runoff - means the direct runoff of water resulting from precipitation in any
form.
Stream - a body of water flowing in a natural surface channel. Flow may be continuous or
only during wet periods.
Subsidiary - an affiliate that is directly, or indirectly through one or more intermediaries,
controlled by another person.
Swale - an elongated depression in the land surface that is at least seasonally wet, is
usually heavily vegetated, and is normally without flowing water. Swales conduct
stormwater into primary drainage channels and provide some groundwater recharge.
Ten -Year Storm - means the surface runoff resulting from a rainfall of an intensity
expected to be equaled or exceeded, on the average once in 10 years, and of a duration
which will produce the maximum peak rate of runoff for the watershed of interest under
average antecedent wetness conditions.
Tract - means all contiguous land and bodies of water being disturbed or to be disturbed
as a unit, regardless of ownership.
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Orange County SE & SC Ordinance October 23 2007
Twenty- five.Year Storm - means the surface runoff resulting from a rainfall of an
intensity expected to be equaled or exceeded, on the average, once in 25 years, and of a
duration which will produce the maximum peak rate of runoff, from the watershed of
interest under average antecedent wetness conditions.
Uncovered - means the removal of ground cover from, on, or above the soil surface.
Undertaken - means the initiating of any activity, or phase of activity, which results or
will result in a change in the ground cover or topography of a tract of land.
University Lake Watershed Area - comprises all the land area contributing water to
University Lake.
Upper Eno Watershed Area — comprises all the land area contributing water to either
Corporation Lake, Lake Ben Johnston, Lake Orange, or West Fork on the Eno Reservoir.
Velocity - means the average velocity of flow through the cross - section of the main
channel at the peak flow of the storm of interest. The cross section of the main channel
shall be that area defined by the geometry of the channel plus the area of the flow below
the flood height defined by vertical lines at the main channel banks. Overload flows are
not being included for the purpose of computing velocity of flow.
Waste - means surplus materials resulting from on -site construction and disposed of at
other locations.
Wetland - areas that are inundated or saturated at a frequency and for a duration sufficient
to support a prevalence of vegetative or aquatic life requiring saturated or seasonally
saturated soil conditions for growth and reproduction.
Working Days - means days exclusive of Saturday and Sunday during which weather
conditions or soil conditions permit land - disturbing activity to be undertaken.
Orange County SE & SC Ordinance October 23, 2007
SECTION 4 JURISDICTION AND EFFECT
Jurisdiction
This ordinance shall apply within Orange County, including the municipalities of
Carrboro, Hillsborough, and the portion of Mebane within Orange County, but excluding
the municipal boundaries and planning extraterritorial limits of Chapel Hill.
Effect
It shall be unlawful, within the jurisdiction of this Ordinance, to engage in land- disturbing
activity, except as provided herein, without first obtaining a permit as required by this
Ordinance and without complying with the conditions of the issuance of said permit.
Conflicts and duplications among portions of this Ordinance shall be resolved in favor of
the more stringent regulation.
Whenever conflicts exist between federal, state or local laws, ordinances, or rules, the
more restrictive provision shall apply.
SECTION 5 SCOPE AND EXCLUSIONS (COUNTY WIDE)
This Ordinance shall not apply to the following land — disturbing activities:
Agriculture
Activities, including the breeding and grazing of livestock, undertaken on agricultural land
for the production of plants and animals useful to man, including, but not limited to:
1. forages and sod crops, grains and feed crops, tobacco, cotton and peanuts;
2. dairy animals and dairy products;
3. poultry and poultry products;
4. livestock, including beef cattle, sheep, swine, horses, ponies, mules or
goats, including the breeding and grazing of any or all such animals;
5. bees and apiary products;
6. fur animals.
Forestland
Activities undertaken on forestland for the production and harvesting of timber and timber
products and conducted in accordance with best management practices set out in Forest
Practice Guidelines Related to Water Quality as adopted by the Department. If land -
disturbing activity undertaken on forestland for the production and harvesting of timber
and timber products is not conducted in accordance with Forest Practice Guidelines
Related to Water Quality, the provisions of this ordinance shall apply to such activity and
any related land disturbing activity on the tract.
Mining
Activities for which a permit is required under the Mining Act of 1971, Article 7 of
Chapter 74 of the General Statues.
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Orange County SE & SC Ordinance October 23 2007
State Jurisdiction
Those land- disturbing activities over which the State by statute (G. S. 113A- 56(a)) has
exclusive regulatory jurisdiction, which are activities:
1. Conducted by the State,
2. Conducted by the United States,
3. Conducted by persons having the power of eminent domain,
4. Conducted by local governments,
5. Funded in whole or in part by the State or the United States.
SECTION 6 GENERAL REQUIREMENTS FOR AREAS OTHER THAN
UNIVERSITY LAKE, CANE CREEK, AND UPPER ENO
WATERSHEDS
A. Protection of Property
Person(s) conducting land - disturbing activities shall take all reasonable measures to
protect all public and private property from damage by such activities. The disposal of
trees, limbs, stumps and construction debris associated with the activities shall be by
some method other than open burning. This requirement shall apply to any areas to be
disturbed, regardless of the size of the area to be uncovered.
B. Erosion Control Plan Requirement
Prior to the commencement of any land - disturbing activity that will result in the
uncovering of more than 20,000 square feet of land, the person(s) conducting the land -
disturbing activity must prepare and submit an Erosion Control Plan for the proposed
site. The Plan shall specify the method of disposal of trees, limbs, stumps and
construction debris associated with the activity; which shall be by some method other
than open burning. The Plan must be approved and a Land Disturbing Permit obtained
prior to the start of the disturbance.
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Orange County SE & SC Ordinance October 23 2007
Section 6.1 General Requirements for University Lake, Cane Creek, and Upper
Eno Watersheds
A. Plan Requirement
Except as otherwise provided in subsection B., an erosion and sedimentation control
plan shall be prepared and filed with and approved by the Erosion Control Division
prior to the commencement of any land - disturbing activity within the University Lake,
Cane Creek, and Upper Eno Watersheds. The Plan shall specify the method of
disposal of trees, limbs, stumps and construction debris associated with the activity;
which shall be by some method other than open burning.
B. Plan Waiver
The person(s) conducting the land - disturbing activity need not submit an Erosion
Control Plan if such person obtains an Erosion Control Plan Waiver Form from the
Erosion Control Division. An application for this form shall be submitted and shall
contain the name, address, and phone number of the developer and owner, a
description and drawing of the proposed development or activity, the location of the
development, and any other information requested by the Orange County Erosion
Control Officer that is reasonably necessary to evaluate the proposed development.
The Erosion Control Officer shall issue the Plan Waiver Form if he finds that:
1. The land- disturbing activity will not result in the uncovering of more than 10,000
square feet; and
2. The land - disturbing activity is not to be conducted in connection with any of the
following types of developments:
a. shopping centers
b. industrial and commercial facilities
c. major subdivisions
d. roads
e. any activity involving the temporary or permanent storage (above or below
ground) of any noxious, toxic, or hazardous substance, including fuel storage
facilities.
3. The proposed land - disturbing activity will not:
a. significantly increase or decrease the rate or volume of surface water runoff;
b. significantly contribute to the degradation of water runoff;
c. have a significant adverse impact on a wetland, watercourse, or water supply
reservoir;
d. occur within a buffer area circumscribing a water supply reservoir;
e. involve open burning of trees, limbs, stumps and construction debris associated
with the permitted activity.
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Orange County SE & SC Ordinance October 23 2007
C. Protection of Property
Persons conducting land - disturbing activity shall take all reasonable measures to
protect all public and private property from damage by such activities. This
requirement shall apply to any area to be disturbed.
SECTION 7 BASIC CONTROL OBJECTIVES
An Erosion and Sedimentation Control Plan may be disapproved pursuant to Section 18 of
this ordinance if the plan fails to address the following control objectives:
A. Identify Critical Areas
On -site areas which are subject to severe erosion, and off -site areas which are
especially vulnerable to damage from erosion and/or sedimentation, are to be
identified and receive special attention, and appropriate mitigative measures are to be
taken to protect those areas.
B. Plan for Erosion Control
Design the development and prepare the site plan so that the necessary sediment -
trapping devices and erosion control measures can be accommodated and are
accessible for maintenance and removal. Observe the requirements and standards in
Orange County's Soil Erosion and Sediment Control Manual.
C. Limit Exposed Areas
All land- disturbing activities are to be planned and conducted to minimize the size of
the area to be exposed at any one time.
D. Limit Time of Exposure
All land- disturbing activities are to be planned and conducted to limit exposure to the
shortest feasible time.
E. Control Surface Water
Surface water runoff originating upgrade of exposed areas should be controlled to
reduce erosion and sediment loss during the period of exposure.
F. Control Sedimentation
All land- disturbing activities are to be planned and conducted so as to prevent off -site
sedimentation damage.
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_Orange County SE & SC Ordinance October 23 2007
G. Manage Stormwater Runoff
When the increase in the peak rates and velocity of storm water runoff resulting from a
land - disturbing activity is sufficient to cause accelerated erosion of the receiving
watercourse, plans are to include measures to control the velocity and the rate of
release at the point of discharge so as to minimize accelerated erosion of the site and
increased sedimentation of the stream.
H. Open Burning
The Plan should specify the method of disposal of trees, limbs, stumps and
construction debris associated with the activity; which shall be by some method other
than open burning.
SECTION 8 MANDATORY DESIGN AND PERFORMANCE STANDARDS
FOR LAND - DISTURBING ACTIVITY
No land - disturbing activity subject to the control of this Ordinance shall be undertaken
except in accordance with the following mandatory standards:
A. Buffer Zone
No land - disturbing activity during periods of construction or improvement to land
shall be permitted in proximity to a lake or natural watercourse unless a buffer
zone is provided along the margin of the watercourse of sufficient width to confine
visible siltation within the twenty- five percent (256/o) of the buffer zone nearest
the land - disturbing activity. Waters that have been classified as trout waters by the
Environmental Management Commission shall have an undisturbed buffer zone 25
feet wide or of sufficient width to confine visible siltation within the twenty -five
percent (25 %) of the buffer zone nearest the land - disturbing activity, whichever is
greater. Provided, however, that the County may approve plans which include
land - disturbing activity along trout waters when the duration of said disturbance
would be temporary and the extent of said disturbance would be minimal. This
subdivision shall not apply to a land - disturbing activity in connection with the
construction of facilities to be located on, over, or under a lake or natural
watercourse.
Unless otherwise provided, the width of a buffer zone is measured from the edge
of the water to the nearest edge of the disturbed area, with the 25 percent of the
strip nearer the land disturbing activity containing the natural or artificial means
of confining visible siltation.
2. The 25 foot minimum width for an undisturbed buffer zone adjacent to designated
trout waters shall be measured horizontally from the top of the bank.
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Orange County SE & SC Ordinance October 23 2007
3. Where a temporary and minimal disturbance is permitted as an exception by
Section 8 (A) (1) of this ordinance, land- disturbing activities in the buffer zone
adjacent to designated trout waters shall be limited to a maximum of 10% of the
total length of the buffer zone within the tract to be distributed such that there is
not more than 100 linear feet of disturbance in each 1000 linear feet of buffer
zone. Larger areas may be disturbed with the written approval of the Director of
the Division of Land Resources of the Department of Environment, Health, and
Natural Resources.
4. No land - disturbing activity shall be undertaken within a buffer zone adjacent to
designated trout waters that will cause adverse temperature fluctuations, as set
forth in 15 NCAC 213.0211 Fresh Surface Water Classification and Standards, in
these waters.
B. Graded Slopes and Fills
The angle for graded slopes and fills shall be no greater than the angle which can be
retained by vegetative cover or other adequate erosion control devices or structures. In
any event, slopes left exposed will, within 21 calendar days of completion of any
phase of grading, be planted or otherwise provided with ground cover, devices, or
structures sufficient to restrain erosion.
C. Ground Cover
Whenever land - disturbing activity is undertaken on a tract comprising more than
20,000 square feet, if more than 20,000 square feet are uncovered, the person
conducting the land - disturbing activity shall install such sedimentation and erosion
control devices and practices as are sufficient to retain the sediment generated by the
land- disturbing activity within the boundaries of the tract during construction upon
and development of said tract, and shall plant or otherwise provide a permanent
ground cover sufficient to restrain erosion after completion of construction or
development. Except as provided in Section 8 (D) (2) (e) of this ordinance, provisions
for a ground cover sufficient to restrain erosion must be accomplished within 15
working days or 90 calendar days, whichever period is shorter, following completion
of construction or development.
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Orange County SE & SC Ordinance October 23 2007
D. Design and Performance of Control Measures
1. Design Storm
Except as provided in Section 8(1))(2)(b) of this Ordinance and in the standard
for sediment ponds in the Soil Erosion and Sediment Control Manual erosion
and sedimentation control measures, structures, and devices shall be so planned,
designed, and constructed as to provide protection from accelerated erosion and
sedimentation from the calculated maximum peak rates of runoff from the ten -
year frequency storm. Runoff rates shall be calculated using the procedures in
the USDA Soil Conservation Service's "National Engineering Field Manual for
Conservation Practices," or other calculation procedures acceptable to the
Erosion Control Officer.
2. Standards for High Quality Waters
In High Quality Water (HQW) zones the following design standards shall apply:
a. Uncovered areas in HQW zones shall be limited at any time to a
maximum total area of 20 acres within the boundaries of the tract.
Only the portion of the land - disturbing activity within a HQW zone
shall be governed by this section. Larger areas may be uncovered
within the boundaries of the tract with the written approval of the
Director of the Division of Land Resources of the Department of
Environment, Health, and Natural Resources.
b. Erosion and sedimentation control measures, structures, and devices
within HQW zones shall be so planned, designed, and constructed
to provide protection from the runoff of the 25 -year storm which
produces the maximum peak rate of runoff. The peak rate of runoff
shall be calculated according to procedures in the United States
Department of Agriculture Soil Conservation Service's National
Engineering Field Manual for Conservation Practices or according
to procedures adopted by any other agency of this state or the
United States or any generally recognized organization or
association.
Sediment ponds (also called "sediment basins ") within HQW zones
shall be designed and constructed such that the pond will have a
settling efficiency of at least 70% for the 40 micron (0.04 mm) size
soil particle transported into the basin by the runoff of that 2 -year
storm which produces the maximum peak rate of runoff. The peak
rate of runoff shall be calculated according to procedures in the
United States Department of Agriculture Soil Conservation
Service's National Engineering Field Manual for Conservation
Practices or according to procedures adopted by any other agency
of this state or the United States or any generally recognized
organization or association.
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Orange County SE & SC Ordinance October 23 2007
d. Newly constructed open channels in HQW zones shall be designed
and constructed with side slopes no steeper than 2 horizontal to 1
vertical if a vegetative cover is used for stabilization unless soil
conditions permit a steeper slope or where the slopes are stabilized
by using mechanical devices, structural devices or other acceptable
devices. In any event, the angle for side slopes shall be sufficient to
restrain accelerated erosion.
e. Ground cover sufficient to restrain erosion must be provided for
any portion of a land disturbing activity in a HQW zone within 15
working days or 60 calendar days, whichever period is shorter,
following completion of construction or development.
E. Prior Plan Approval
No person shall initiate any land- disturbing activity on a tract if more than 20,000
square feet are to be uncovered unless, thirty or more days prior to initiating the
activity, an erosion and sedimentation control plan for such activity is filed with,
approved by, and a Land Disturbing Permit obtained from the County.
F. The land- disturbing activity shall be conducted in accordance with the approved
erosion and sedimentation control plan.
Section 8.1 Additional Standards for Land - Disturbing Activity in University Lake,
Cane Creek, and Upper Eno Watersheds
The provisions of Section 8 shall apply to land- disturbing activity within the University
Lake, Cane Creek, and Upper Eno Watersheds. In addition, the design, construction, and
maintenance of drainage systems in developments within the University Lake, Cane
Creek, and Upper Eno Watersheds shall also be consistent with the following standards,
and these standards shall control to the extent that they are more restrictive than those set
forth in Section 8.
Channeling Runoff - channeling runoff directly into water bodies shall be prohibited.
Runoff shall be routed through swales and other systems designed to increase time of
concentration, decrease velocity, increase infiltration, allow suspended solids to settle, and
remove pollutants.
Alteration of Watercourses - natural watercourses shall not be dredged, cleared of
vegetation, deepened, widened, straightened, stabilized or otherwise altered except in
accordance with an approved Erosion Control Plan. Water shall be retained or detained
before it enters any natural watercourse in order to preserve the natural hydro - dynamics of
the watercourse and to prevent sedimentation.
Limit Land - Disturbing Activity - the area of disturbance by development shall be as
small as practical.
Orange County SE & SC Ordinance October 23 2007
Land Alterations - no grading, cutting or filling shall be commenced until erosion and
sedimentation control devices have been installed between the disturbed area and water
bodies, watercourses, wetlands, or adjoining properties.
Wetland Protection - wetlands and other water bodies shall not be used as sediment traps
during development.
Maintenance Requirements and Responsibility - erosion and sedimentation facilities
shall receive regular maintenance to ensure that they continue to function properly.
Temporary basins shall be cleaned out when they are filled to fifty (50) percent of their
design capacity.
Artificial Watercourses - any artificial watercourse (where the need is demonstrated)
shall be designed considering soil type so that the velocity of flow is low enough to
prevent accelerated erosion.
Buffer Area Requirements - soil and pollutants carried overland, primarily from roads,
trails, and/or land - disturbing activities, can be effectively trapped by leaving a relatively
undisturbed strip of vegetation parallel and adjacent to the watercourse. Properly managed
overland water flow can be directed into this buffer area in a manner that will reduce
velocity and cause dispersion of the water. Sediments carried by the water will settle out
as a result of this slowing and dispersion process. The width of these buffer areas shall
depend on the type of stream or drainage area. The width of the buffer strips shall be as
follows:
1. Creeks and tributaries - (i.e., permanent streams flowing directly into a
water supply reservoir within University Lake, Cane Creek, and Upper
Eno Watersheds and permanent streams flowing into such streams).
Measure along a line running perpendicular to the edge of the floodplain
(or if no floodplain has been demarcated, the center of the stream) fifty
feet from the edge of the floodplain (or if no flood plain has been
demarcated from the edge of the water) plus an additional distance equal
to:
4 x slope x 100
where "slope" is expressed as a percentage derived by dividing by 100 the
rise in elevation between the floodplain boundary line (or if no floodplain
has been demarcated, the centerline of the watercourse) and a point one
hundred feet from that point along the above described perpendicular line.
2. Intermittent streams flowing into creeks and tributaries. Measure along a
line running perpendicular to the centerline of the intermittent stream fifty
feet from such stream centerline.
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Orange County SE & SC Ordinance October 23 2007
3. Intermittent streams flowing directly into water supply reservoirs within
University Lake, Cane Creek, and Upper Eno Watersheds. Measure along
a line running perpendicular to the centerline of the intermittent stream
one hundred feet from such stream centerline.
4. Intermittent streams flowing into streams which flow directly into water
supply reservoirs within University Lake, Cane Creek, and Upper Eno
Watersheds. Measure along a line running perpendicular to the centerline
of the intermittent stream fifty feet from such stream centerlines.
5. Water supply reservoirs within University Lake, Cane Creek, and Upper
Eno Watersheds. Measure along a line running perpendicular to the high
water mark or floodplain boundary (whichever is farther from the Lake)
one hundred feet from such high water mark or floodplain boundary
(whichever is farther from the Lake) plus an additional distance equal to:
4 x slope x 100
where "slope" is expressed as a percentage derived by dividing by 100 the
rise in elevation between the high water line of the Lake and a point one
hundred feet from that point along the above described perpendicular line.
The existing natural vegetation in the designated buffer areas shall not be
disturbed in any way that would reduce the area's effectiveness in
achieving the objectives set forth in this subsection. In addition, buffer
areas from which the vegetative cover has been removed shall be planted
or otherwise provided with ground cover devices or structures sufficient to
allow the buffer area to accomplish the objectives set forth in this
subsection. Buffers shall not be used as temporary erosion control devices
during construction.
Sediment Storage - sediment shall be retained on the site of the development.
Detention or Retention Areas - retention and detention ponds may be used to retain and
detain the increased and accelerated runoff which the development generates. Water shall
be released from detention ponds into watercourses or wetlands at a rate and in a manner
approximating the natural flow which would have occurred before development.
Retention and detention ponds shall be designed so that they maintain their structural
integrity when subject to a 100 -year storm. Detention and retention areas shall be
designed so that shorelines are sinuous rather than straight and so that the length of the
shoreline is maximized, thus offering more space for the growth of littoral vegetation. The
banks of detention and retention areas shall slope at a gentle grade into the water as a
safeguard against drowning, personal injury or other accidents, to encourage the growth of
vegetation and to allow the alternate flooding and exposure of the areas along the
shoreline as water levels periodically rise and fall.
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Orange County SE & SC Ordinance October 23 2007
Open Space - the use of drainage facilities and vegetated buffer zones as open space,
recreation, and conservation areas shall be encouraged.
Recreational activities undertaken in these open space areas shall be limited to passive or
leisure activities.
Grassed Swales - drainage within the development shall be accommodated by the natural
drainage systems whenever possible. The use of grassed drainageways to channel water
shall be encouraged. The velocity of travel in this grassed swale shall range between 2 -4
feet/second.
Retention of Runoff from Industrial Sites - On sites developed for industrial purposes
(i.e., uses involving the manufacturing, processing, creating, repairing, renovating,
painting, cleaning, or assembly of goods, merchandise, or equipment), retention or
detention areas meeting the standards set forth in subsection j. shall be used to insure that
runoff is retained on the site before being released. The purpose of this requirement is to
insure that, not only will the standard set forth in subsection 9A. be met, but also a
mechanism will be provided to safeguard the watershed against the spillage of toxic or
dangerous substances.
SECTION 9 STORMWATER OUTLET PROTECTION
A. Control of Discharge in University Lake, Cane Creek, and Upper Eno
Watersheds
Provisions shall be made for the control of stormwater discharges for the types of
development as specified below. After development of the site, the peak discharge of
stormwater runoff resulting from a ten -year storm shall be no greater than that which
would result from a ten -year storm on the same site prior to development.
This requirement shall apply to:
• Commercial, industrial, office, and institutional developments
• Multi- family residential developments of more than 10 units
• Single - family detached residential developments where more than 3 lots are to be
created.
B. Control of Velocity
Persons shall plan and conduct land - disturbing activity so that the post - construction
velocity of the 10 -year storm runoff in the receiving watercourse to the discharge point
does not exceed the greater of
• The velocity established by the table in paragraph 3 of the subsection; or
• The velocity of the 10 -year storm runoff in the receiving watercourse prior to
development.
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Orange County SE & SC Ordinance October 23 2007
If conditions (1) or (2) of this paragraph cannot be met, then the receiving watercourse to
and including the discharge point shall be designed and constructed to withstand the
expected velocity anywhere the velocity exceeds the "prior to development" velocity by
10 %.
C. Standards
1. Acceptable Management Measures
Measures applied alone or in combination to satisfy the intent of this subchapter
are acceptable if there are no objectionable secondary consequences. Innovative
techniques and ideas will be considered and may be used when shown to have the
potential to produce successful results. Some alternatives are to:
• Avoid increases in surface runoff volume and velocity by including measures
to promote Infiltration to compensate for increased runoff from areas rendered
impervious;
• Avoid increases in stormwater discharge velocities by using vegetated or
roughened swales and waterways in lieu of closed drains and high velocity
paved sections;
• Provide energy dissipaters at outlets of storm drainage facilities to reduce flow
velocities to the point of discharge; these may range from simple rip- rapped
sections to complex structures;
• Protect watercourses subject to accelerated erosion by improving cross sections
and/or providing erosion - resistant lining.
2. Exceptions
This rule shall not apply in areas other than the University Lake, Cane Creek, and
Upper Eno Watersheds where it can be demonstrated that storm water discharge
velocities will not create an erosion problem in the receiving watercourse.
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Orange County SE & SC Ordinance October 23 2007
3. Permissible Velocities
The following is a table of permissible velocity for stormwater discharges:
Maximum Permissible Velocities
MATERIAL
FPS
MPS
Fine Sand (noncolloidal)
2.5
0.8
Sandy Loam ( noncolloidal)
2.5
0.8
Silt Loam (noncolloidal)
3.0
0.9
Ordinary Firm Loam
3.5
1.1
Fine Gravel
5.0
1.5
Stiff Clay (very colloidal)
5.0
1.5
Graded, Loam to Cobbles
5.0
1.5
(noncolloidal)
Graded, Silt to Cobbles (colloidal)
5.5
1.7
Alluvial Silts (noncolloidal)
3.5
1.1
Alluvial Silts (colloidal)
5.0
1.5
Coarse Gravel (noncolloidal)
6.0
1.8
Cobbles and Shingles
5.5
1.7
Shale and Hard Pans
6.0
1.8
Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of
Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity
by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels.
4. Intent
Stream banks and channels downstream from any land disturbing activity shall be
protected from increased degradation by accelerated erosion caused by increased
velocity of runoff from the land disturbing activity.
SECTION 10 BORROW AND WASTE AREAS
When the person conducting the land- disturbing activity is also the person conducting the
borrow and waste disposal activity, areas from which borrow is obtained and which are
not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus
materials other than landfills regulated by the Department's Division of Solid Waste
Management shall be considered as part of the land - disturbing activity where the borrow
material is being used or from which the waste material originated. When the person
conducting the land - disturbing activity is not the person obtaining the borrow and/or
disposing of the waste, these areas shall be considered a separate land - disturbing activity.
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Orange County SE & SC Ordinance October 23 2007
SECTION 11 ACCESS AND HAUL ROADS
Temporary access and haul roads, other than public roads, constructed or used in
connection with any land - disturbing activity shall be considered a part of such activity.
With respect to development in the University Lake, Cane Creek, and Upper Eno
Watersheds, these access and haul roads shall have gravel pads placed at the entrance of
the site of a land- disturbing activity.
SECTION 12 OPERATIONS IN LAKES OR OTHER NATURAL
WATERCOURSES
Land - disturbing activity in connection with construction in, on, over or under a lake or
natural watercourse shall be planned and conducted in such a manner as to minimize the
extent and duration of disturbance of the stream channel. The relocation of a stream,
where relocation is an essential part of the proposed activity, shall be planned and
executed so as to minimize changes in the stream flow characteristics except when
justification for significant alteration to flow characteristics is provided. Every effort shall
be made to maintain buffer zones consisting of existing vegetation between the land -
disturbing activity and the watercourse.
SECTION 13 RESPONSIBILITY FOR INSTALLATION AND
MAINTENANCE
During the development of a site, the person engaged in or conducting the land - disturbing
activity shall be responsible for installing and maintaining all temporary and permanent
erosion and sedimentation control measures and facilities as required by the approved or
revised Erosion Control Plan, any provision of the Ordinance, the Act, or any order
adopted pursuant to this Ordinance or the Act. The responsibility for installing and
maintaining permanent erosion and sedimentation control measures and facilities after
completion of the site development shall lie with the land owner or person in possession
or control of the land except facilities and measures installed within road or street rights -
of -way or easements accepted for maintenance by a government agency.
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Orange County SE & SC Ordinance October 23, 2007
Section 13.1 Off -site Facilities
The Erosion Control Officer may allow stormwater runoff that is charged
in volumes or at rates in excess of those otherwise allowed by this
Ordinance to be discharged into drainage facilities off the site of
development if the off -site facilities and the channels leading to them are
designed, constructed, and maintained in accordance with the standards of
this Ordinance. Adequate provision must be made for the sharing of the
construction and maintenance expenses of the facilities. A request to use
off -site drainage facilities and all information related to the proposed off -
site facilities should be made part of the developer's erosion and
sedimentation control plan.
SECTION 14 ADDITIONAL MEASURES
Whenever the Erosion Control Officer determines that significant sedimentation is
occurring as a result of land - disturbing activity, despite application and maintenance of
protection practices, the person conducting the land- disturbing activity or the person
responsible for maintenance will be required to take additional protective action.
SECTION 15 EXISTING UNCOVERED AREAS
A. Existing Sites
All uncovered areas existing on the effective date of this Ordinance which (1) resulted
from land - disturbing activities not excluded under Section 5, and (2) if such areas are
outside the University Lake, Cane Creek, and Upper Eno Watersheds exceed 20,000
square feet, and (3) are subject to continued accelerated erosion, and (4) are causing
off -site damage from sedimentation, shall be provided with a ground cover or other
protective measures, structures, or devices sufficient to restrain accelerated erosion
and control off -site sedimentation.
B. Notice of Violation
The Erosion Control Officer will serve upon the landowner or other person in
possession or control of the land written notice of violation by registered or certified
mail, return receipt requested, or other means reasonably calculated to give actual
notice. The notice will set forth the measures needed to comply and will state the time
within which such measures must be completed. In determining the measures required
and the time allowed for compliance, the authority serving notice shall take into
consideration the economic feasibility, technology, and quantity of work required, and
shall set reasonable and attainable time limits for compliance.
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Orange County SE & SC Ordinance October 23 2007
C. Plan Requirements
The Erosion Control Officer reserves they right to require preparation and approval of
an Erosion Control Plan in any instance wherein extensive control measures are
required.
D. Reservoir Sites
This rule shall not require ground cover on cleared land forming the future basin of a
planned reservoir unless the disturbance and length of time of the exposure prior to the
filling of the reservoir will result in erosion and sedimentation of the downstream
channel.
SECTION 16 EROSION CONTROL OFFICER
This Ordinance creates the position of Orange County Erosion Control Officer who will
be responsible for carrying out the provisions of this Ordinance. The Orange County
Erosion Control Officer shall work with the planning boards and the elected governing
boards of the planning jurisdictions within Orange County in administering and enforcing
this Ordinance.
SECTION 17 PERMITS
A. When Required
No person shall undertake any land - disturbing activity which would require the
uncovering of 20,000 square feet or more of land, or 10,000 square feet or more of
land if within the University Lake, Cane Creek, or Upper Eno Watersheds, without
first obtaining the required approvals and permits from the Erosion Control Officer.
Permit Application forms must be signed by the landowner or his authorized agent.
The agent signing must have a signed letter of authorization from the owner. Every
permit issued by the Erosion Control Officer shall expressly prohibit open burning of
trees, limbs, stumps and construction debris associated with the permitted activity.
No permit is required for the following activities:
• For the purpose of fighting fires.
• For the stockpiling of raw or processed sand, stone, or gravel in material
processing plants and storage yards, provided that sediment control measures have
been utilized to protect against off -site damage.
• For disturbances that do not exceed 20,000 square feet in surface area, or 10,000
square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds.
In determining the area, lands under one or diverse ownership being developed as
a unit will be aggregated.
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Orange County SE & SC Ordinance October 23 2007
B. Erosion Control Plan Approvals
An Erosion Control Plan must be submitted to the Erosion Control Officer when the
proposed land disturbance is greater than 20,000 square feet, or greater than 10,000
square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds.
C. Land Disturbing Permits
Before starting a land- disturbing activity greater than 20,000 square feet, or greater
than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno
Watersheds, the owner or his agent shall obtain a Land Disturbing Permit from the
Erosion Control Officer. Erosion Control Plans must be approved before a Land
Disturbing Permit will be issued. Land Disturbing Permits may be obtained when the
Plan is approved or prior to the start of the land disturbance. Every Grading Permit
issued shall expressly prohibit open burning of trees, limbs, stumps and construction
debris associated with the permitted activity.
D. Expiration of Permits
Plan Approvals
The County may establish an expiration date for Erosion Control Plans approved
under this Ordinance. Erosion Control Plan Approvals expire eighteen (18) months
after the approval date unless the land disturbance is started as defined below.
Land Disturbing Permits
A Land Disturbing Permit must be obtained before beginning the disturbance and may
be obtained at any time as long as the Plan Approval is valid. Land Disturbing Permits
expire with the expiration of the Plan Approval unless the disturbance is begun. Once
the disturbance begins, a Land Disturbing Permit is valid for a period of two (2) years
starting with the commencement of the disturbance, as defined below. The Land
Disturbing Permit must be renewed if the disturbance continues more than two years.
The renewal fee is one half the original fee and is valid for one year.
Start of Activity
For the purpose of determining the expiration date of the plan approval and Land
Disturbing Permit, the land - disturbing activity is considered to have started when the
pre - construction conference has been held, the necessary erosion control practices
have been properly installed and the site clearing or grading has begun.
E. Fees
The County may establish such fees as considered necessary to defray costs of
administering this Ordinance.
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Orange County SE & SC Ordinance October 23 2007
F. Building Permits
Pursuant to G.S. Section 153A -357, no building permit shall be issued unless an
Erosion Control Plan has been approved, where such approval is required, for the site
of the activity or a tract of land including the site of the activity.
G. Revocation of Land Disturbing Permit
Whenever a person conducting a land- disturbing activity is not complying with the
provisions of this Ordinance, the Land Disturbing Permit, the Approved Erosion
Control Plan or any amendments to the Plan, the Erosion Control Officer may revoke
the Land Disturbing Permit for the site. Notice of Revocation shall be sent by
registered or certified mail to the person conducting the land- disturbing activity. In the
event delivery cannot be accomplished by registered or certified mail, it may be
accomplished in any manner provided in Rule 4 0) of the North Carolina Rules of
Civil Procedure. Upon receipt of the Revocation Notice, the person responsible must
immediately order all land- disturbing activities to cease except those which are
specifically directed towards bringing the site into compliance. Once the site has been
inspected and remedial work approved by the Erosion Control Division, the
responsible party may reapply for a Land Disturbing Permit and pay the appropriate
fee. Resumption of land disturbing activities other than those necessary to bring the
site back into compliance before the reissuance of the Land Disturbing Permit will
constitute a violation of the Ordinance. The person conducting the land- disturbing
activity may appeal the revocation of a Land Disturbing Permit following procedures
set out in Section 21F of this Ordinance.
SECTION 18 EROSION AND SEDFAENTATION CONTROL PLANS
A. Plan Requirement
An Erosion Control Plan shall be prepared for all land- disturbing activities subject to
this Ordinance whenever the proposed activity is to be undertaken on a tract
comprising more than 20,000 square feet, if more than 20,000 square feet are to be
uncovered. Three (3) copies of the Plan shall be filed with the Erosion Control Officer,
one copy of which will be simultaneously forwarded to the Orange Soil and Water
Conservation District, at least 30 days prior to the commencement of the proposed
activity.
One copy of the Plan must be forwarded to the Director of the NC Division of Water
Quality for any land disturbing activity that involves the utilization of ditches for the
purpose of de- watering or lowering the water table.
26
Orange County SE & SC Ordinance October 23 2007
B. Review by the Soil & Water Conservation District
The Orange Soil and Water Conservation District shall review such plan and submit
any comments and recommendations to the Erosion Control Officer within 20 days
after the Soil and Water Conservation District received the Erosion Control Plan, or
within any shorter period of time as may be agreed upon by the District and the
County. Failure of the District to submit its comments and recommendations to the
Erosion Control Officer within 20 days or any agreed- -upon shorter period of time
shall not delay final action on the plan.
C. Review and Response to Plans
The Erosion Control Officer will review each complete plan submitted and within 30
days of receipt thereof will notify the person submitting the plan that it has been
approved, approved with modifications, approved with conditions, approved with
performance reservations, or disapproved. Examples of conditions of approval are, but
not limited to: channel stabilization must be successful or another type of lining must
be used; delineating certain areas to be graded and stabilized within a specified
number of days to reduce the potential for erosion and protect critical areas; providing
a performance security to provide permanent ground cover; and requiring the person
financially responsible to retain the services of a professional engineer or architect to
supervise implementation of the approved Erosion Control Plan.
Deadline for Reviewing Plan
Failure to approve, approve with conditions, approve with modifications or disapprove
a complete erosion and sedimentation control plan within 30 days of receipt of the
complete plan shall be deemed approval. Disapproval of a plan must specifically state
in writing the reasons for disapproval. The County must approve, approve with
conditions, approve with modifications or disapprove a revised plan within 15 days of
receipt, or it is deemed to be approved. If, following commencement of a land -
disturbing activity pursuant to an approved plan, the County determines that the plan
is inadequate to meet the requirements of this Ordinance, the County may require any
revision of the plan that is necessary to comply with this Ordinance. Failure to
approve, approve with conditions, approve with modifications, or disapprove a revised
Erosion Control Plan within 15 days of receipt shall be deemed approval of the plan.
Deadline for Responding to Review Comments
When the person or firm submitting the plan fails to respond to comments or
correspondence from the Erosion Control Division staff with either revised plans or
written correspondence within 90 days, the Division will assume that the application
for plan approval has been abandoned. The Division will give warning in writing to
the person or firm submitting the plan before terminating the review. Plan review fees
are not refundable when an application is abandoned.
27
Orange County SE & SC Ordinance October 23 2007
Components of a Complete Plan
In order to be considered complete, a plan submitted for approval must contain the
proposed Erosion Control Plan, the completed application, the statement of financial
responsibility and ownership, and the plan review fee. The 30 day review period
begins when all of the components of the complete plan are received.
Required Revisions
After approving a Plan, if the (city), (town), (county), either upon review of such Plan
or on inspection of the job site, determines that a significant risk of accelerated erosion
or off -site sedimentation exists, the (city), (town), (county) shall require a revised
Plan. Pending the preparation of the revised Plan, work shall cease or shall continue
under conditions outlined by the appropriate authority. If following commencement of
a land - disturbing activity pursuant to an approved Plan, the (city, (town), (county)
determines that the Plan is inadequate to meet the requirements of this ordinance, the
(city, (town), (county) may require any revision of the Plan that is necessary to comply
with this ordinance.
D. Plan Content
The plan required by this section shall contain such architectural and engineering
drawings, maps, assumptions, calculations, and narrative statements as are needed to
adequately describe the proposed development of the tract and the measures planned
to comply with the requirements of this Ordinance. The plan shall comply with all
applicable State and local regulations for erosion and sediment control. Plan content
may vary to meet the needs of specific site requirements.
E. Plan Amendments
Application for amendment of an Erosion Control Plan in written and/or graphic form
may be made at any time under the same conditions as the original application. Until
such time as said amendment is approved by the Erosion Control Officer, the land -
disturbing activities shall not proceed except in accordance with the erosion control
plan as originally approved. After approving the plan, if the Erosion Control Officer,
either upon review of such plan or on inspection of the job site, determines that a
significant risk of accelerated erosion or off -site sedimentation exists, revisions to the
plan will be required. Pending the preparation of the revised plan, work shall cease or
shall continue under conditions outlined by the Erosion Control Officer.
F. Financial Responsibility and Ownership
Plans may be disapproved unless accompanied by an authorized statement of financial
responsibility and ownership. This statement shall be signed by the person financially
responsible for the land - disturbing activity or his attorney -in -fact. The statement shall
include the mailing and street addresses of the principal place of business of (1) the
person financially responsible, (2) the owner of the land, and (3) any registered agents.
If the person financially responsible is not a resident of North Carolina, a North
Carolina agent must be designated in the statement for the purpose of receiving notice
W
Orange County SE & SC Ordinance October 23 2007
of compliance or non - compliance with the plan, the Act, this Ordinance or rules or
orders adopted or issued pursuant to this Ordinance. If the applicant is not the owner
of the land to be disturbed, the draft erosion and sedimentation control plan must
include the owner's written consent for the applicant to submit a draft erosion and
sedimentation control plan and to conduct the anticipated land - disturbing activity.
G. Review of Other Environmental Documents
Any plan submitted for a land- disturbing activity for which an environmental
document (either an assessment or impact statement) is required by the North Carolina
Environmental Policy Act (G. S. 113A -1, et seq.) shall be deemed incomplete until a
complete environmental document is available for review. The County shall promptly
notify the person submitting the plan that the 30 day time limit for review of the plan
pursuant to Section 18(C) of this Ordinance shall not begin until a complete
environmental document is available for review.
The approval of the Erosion Control Plan is conditioned on the applicant's compliance
with Federal and State Water Quality laws, regulations, and rules.
H. Consideration of Applicants Past Performance
Orange County may disapprove an Erosion Control Plan upon a finding that an
applicant, or a parent, subsidiary, or other affiliate of the applicant:
• Is conducting or has conducted land - disturbing activity without an
approved plan, or has received notice of violation of a plan previously
approved by the Commission or a local government pursuant to the Act
and has not complied with the notice within the time specified in the
notice;
• Has failed to pay a civil penalty assessed pursuant to the Act or a local
ordinance adopted pursuant to the Act by the time the payment is due;
• Has been convicted of a misdemeanor pursuant to G. S. 113A -64(b) or any
criminal provision of a local ordinance adopted pursuant to the Act; or
• Has failed to substantially comply with State rules or local ordinances and
regulations adopted pursuant to the Act.
For purposes of this subsection (H) an applicant's record may be considered for
only the two years prior to the application date.
I. Erosion Control Plan Available on Site
A copy of the approved Erosion Control Plan and any amendments and required
revisions shall be kept on the job site at all times.
J. Notice of Activity Initiation
No person may initiate a land - disturbing activity before notifying the agency that
issued the Plan approval of the date that land- disturbing activity will begin.
K. Preconstruction Conference
When deemed necessary by the approving authority a preconstruction conference may
be required.
c]
Orange County SE & SC Ordinance October 23 2007
Section 18.1 Erosion Control Standards
A. Orange County Standards
Requirements, standards, and specifications for erosion control plans and erosion
control techniques, measures, and devices are contained in the Orange County Soil
Erosion and Sediment Control Manual. Copies of the Manual are available from the
Erosion Control Division of the Orange County Planning & Inspections Department.
B. Revisions to the Standards
Corrections, revisions, and amendments to the Soil Erosion and Sediment Control
Manual shall be made upon recommendation of the Erosion Control Officer and
approval by the Orange County Board of Commissioners.
C. Consistency Between Ordinance and Standards
Nothing in this Section shall be construed to allow approval of a plan which is
inconsistent with the mandatory standards set forth in Section 8 of this Ordinance or
any other provision of this Ordinance.
SECTION 19 APPEALS
A. Appeal Process
Except as provided in Section 19(B) of this Ordinance the appeal of a disapproval or
approval with modifications or conditions of approval of a plan shall be governed by
the following provisions:
1. The disapproval of, modification of, or conditions of approval attached to any
proposed Erosion Control Plan by the Erosion Control Officer shall entitle the
person submitting the plan to an appeal of the decision to the Orange County
Planning Director. If the Planning Director upholds the decision, the person shall
be entitled to a public hearing if such person submits written demand for a hearing
within 15 days after receipt of written notice of disapproval, modification, or
conditions of approval.
2. Hearings -Orange County
a. Hearings held pursuant to this section shall be conducted by the Orange
County Planning Board within 30 days after receipt of written demand for
such hearing made by the person submitting the plan when such plan is for
land - disturbing activities occurring outside the corporate limits of the Towns
of Chapel Hill, Carrboro, Hillsborough, and Mebane.
30
Orange County SE & SC Ordinance October 23 2007
b. The Orange County Planning Board shall make recommendations to the
Board of Commissioners of Orange County within 30 days after the date of
the hearing on such Erosion Control Plan.
C. The Board of Commissioners of Orange County will render its final decision
on any Erosion Control Plan upon which a hearing is requested within 30
days of receipt of the recommendations from the agency conducting the
hearing.
3. Hearings -Other than Orange County
a. Hearings held pursuant to this section shall be conducted by a designated
agency of the appropriate town board within 30 days after receipt of
written demand for such hearing made by the person submitting the plan
when such plan is for land - disturbing activities occurring within the
corporate limits of the Towns of Chapel Hill, Carrboro, Hillsborough, and
Mebane.
b. The said designated agency shall make recommendations to the appropriate
town board within 30 days after the date of the hearing on such Erosion
Control Plan.
C. The said appropriate town board will render its final decision on any
Erosion Control Plan upon which a hearing is requested within 30 days of
the receipt of the recommendations from the said designated agency
conducting the hearing.
4. In the event that the local governing body upholds the disapproval, modification,
or conditions of approval of a proposed Erosion Control Plan following the public
hearing the person submitting the erosion control plan shall be entitled to appeal
the local government's action to the North Carolina Sedimentation Control
Commission as provided in Section 113A -61(c) of the General Statutes and Title
15 NCAC 4B.0018(b).
B. Appeal of Erosion Control Plan
Disapproval Based on Applicants Past Performance
In the event that an Erosion Control Plan is disapproved pursuant to Section 18 (H) of
this ordinance, the County shall notify the Director of the Division of Land Resources
of such disapproval within 10 days. The County shall advise the applicant and the
Director of the Division of Land Resources in writing as to the specific reasons that
the plan was disapproved. The applicant may appeal the County's disapproval of the
plan pursuant to Section 18 (H) of this Ordinance directly to the Commission.
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Orange County SE & SC Ordinance October 23 2007
SECTION 20 COMPLIANCE WITH PLAN REQUIREMENTS
Any person engaged in land- disturbing activities who fails to file a plan in accordance
with this Ordinance, or who conducts a land - disturbing activity except in accordance with
provisions of an approved plan shall be deemed in violation of this Ordinance.
SECTION 21 INSPECTIONS AND INVESTIGATIONS
A. Site Inspections
Agents, officials, or other qualified persons authorized by the County will periodically
inspect land - disturbing activities to ensure:
• Compliance with the Act, this ordinance, or rules or orders adopted or
issued pursuant to this ordinance;
• Whether the measures required in the plan are effective in controlling
erosion and sediment resulting from land - disturbing activity.
Notice of the right to inspect shall be included in the letter of approval of each Erosion
Control Plan.
B. Authority to Enter Property and Conduct Investigations and Inspections
No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or attempting to
inspect a land - disturbing activity under this section. The Erosion Control Officer shall
have the power to conduct such investigations as deemed reasonably necessary to
carry out the duties as prescribed in this Ordinance, and for this purpose to enter at
reasonable times upon any property, public or private, for the purpose of investigating
and inspecting the sites of any land - disturbing activities. No person shall refuse entry
or access to any authorized representative or agent of the county who request entry for
purposes of inspection, and who presents appropriate credentials, nor shall any person
obstruct, hamper or interfere with any such representative while in the process of
carrying out their official duties.
C. Notice of Violation
If it is determined that a person engaged in land- disturbing activity has failed to
comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to
this Ordinance, a notice of violation shall be served upon that person. The notice may
be served by any means authorized under G. S. 1 A -1, rule 4. The notice shall specify a
date by which the person must comply with the Act, or this Ordinance or rules, or
orders adopted pursuant to this Ordinance, and inform the person of the actions that
need to be taken to comply with the Act, this Ordinance, or rules or orders adopted
pursuant to this Ordinance. However, no time period for compliance need be given for
failure to submit an Erosion Control Plan for approval or for obstructing, hampering or
interfering with an authorized representative while in the process of carrying out their
32
Orange County SE & SC Ordinance October 23 2007
official duties. Any person who fails to comply within the time specified is subject to
the civil and criminal penalties provided in this Ordinance.
In the event service cannot be accomplished by registered or certified mail, it may be
accomplished in any manner provided in rule (4)j of the North Carolina Rules of Civil
Procedure.
D. Power to Require Statements
The Erosion Control Officer shall also have the power to require written statements, or
the filing of reports under oath, with respect to pertinent questions relating to land -
disturbing activities.
E. Power to Revoke Land Disturbing Permits
The Erosion Control Officer shall have the power to revoke Land Disturbing Permits
issued by the Erosion Control Division as provided for under Section 17C of this
Ordinance.
F. Stop Work Orders
Whenever any person is violating this Ordinance or any rule or order adopted or
issued pursuant to this Ordinance, or any term, condition, or provisions of an approved
Erosion Control Plan, the Erosion Control Officer may, either before or after the
institution of any other action or proceeding authorized by this Ordinance, issue a stop
work order for the site on which the violation has occurred. Upon issuance of such an
order and the posting of same on the site of the violation, all work on the site of the
violation shall cease, except those activities necessary to bring the site into compliance
with this Ordinance. Notice of the stop work order shall be in writing, directed to the
person conducting the land- disturbing activity and shall state the reasons for the
issuance of the order, and the conditions under which work may be resumed. Notice
shall be given by registered or certified mail.
In the event service cannot be accomplished by registered or certified mail, it may be
accomplished in any manner provided in rule 40) of the North Carolina Rules of Civil
Procedure.
G. Appeal of Stop Work Order
The person conducting the land - disturbing activity may appeal a stop work order to
the County Commissioners within a period of five days after the order is issued.
Notice of appeal shall be given in writing to the Commissioners, with a copy to the
Erosion Control Officer. The County Commissioners shall conduct a hearing at their
next scheduled meeting at which the appellant and the Erosion Control Officer or
Inspector shall be permitted to submit relevant evidence, and shall rule on the appeal
as expeditiously as possible. Pending the ruling by the Commissioners on an appeal,
no further work shall take place in violation of a stop work order.
33
Orange County SE & SC Ordinance October 23 2007
H. Inspection & Report Procedure
The landowner, the financially responsible parry, or the landowner's or the financially
responsible parry's agent shall perform an inspection of the area covered by the plan
after each phase of the plan has been completed and after establishment of temporary
ground cover in accordance with G.S. 113A- 57(2). The person who performs the
inspection shall maintain and make available a record of the inspection at the site of
the land - disturbing activity. The record shall set out any significant deviation from the
approved erosion control plan, identify any measures that may be required to correct
the deviation, and document the completion of those measures. The record shall be
maintained until permanent ground cover has been established as required by the
approved erosion and sedimentation control plan. The inspections required by the
subsections shall be in addition to inspections required by G. S. 113A -61.1.
SECTION 22 PENALTIES
A. Civil Penalties
1. Assessment of Penalties
Any person who violates any of the provisions of this Ordinance or rules or orders
adopted or issued pursuant to this Ordinance, or who initiates or continues a land -
disturbing activity for which an Erosion Control Plan is required except in
accordance with the terms, conditions, and provisions of an approved plan, shall be
subject to a civil penalty. The maximum civil penalty for a violation is five
thousand dollars ($5,000) per day. If, after the allotted time period has expired, the
violator has not completed corrective action, a civil penalty may be assessed from
the date the violation is detected. However, no time period for compliance need be
given for failure to submit an Erosion Control Plan for approval or for obstructing,
hampering, or interfering with an authorized representative while in the process of
carrying out his official duties. Each day of a continuing violation shall constitute
a separate violation under Section 22(A)(1).
2. Demand for Payment of Penalty
The Orange County Board of Commissioners shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for assessing
the penalty. The notice of assessment shall be served by any means authorized
under Section 2 1 C of this Ordinance, and shall direct the violator to either pay the
assessment or contest the assessment, within 30 days after the receipt of the notice
of assessment, by written demand for a hearing.
If payment is not received within 30 days after demand for payment is made, the
County of town may institute a civil action to recover the amount of the
assessment. The civil action may be brought in the Superior Court of the county
where the violation occurred, or the violator's residence or principal place of
34
Orange County SE & SC Ordinance October 23 2007
business is located. Such civil actions must be filed within three (3) years of the
date the assessment was due. An assessment that is not contested is due when the
violator is served with a notice of assessment. An assessment that is contested is
due at the conclusion of the administrative and judicial review of the assessment.
3. Use of Penalties
Civil penalties collected pursuant to this Ordinance shall be credited to the general
fund of the local government as non -tax revenue.
4. Civil Penalty Assessment Factors
Civil Penalty Assessment Factors. The governing body of the (city), (town),
(county) shall determine the amount of the civil penalty based upon the following
factors:
(i) the degree and extent of harm caused by the violation,
(ii) the cost of rectifying the damage,
(iii) the amount of money the violator saved by noncompliance,
(iv) whether the violation was committed willfully, and
(v) the prior record of the violator in complying of failing to
comply with this ordinance.
5. Notice of Civil Penalty Assessment
The governing body of the (city), (town), (county) shall provide notice of the civil
penalty amount and basis for assessment to the person assessed. The notice of
assessment shall be served by any means authorized under G. S. 1 A -1, Rule 4, and
shall direct the violator to either pay the assessment or contest the assessment,
within 30 days after receipt of the notice of assessment, by written demand for a
hearing.
6. Hearing
A hearing on a civil penalty shall be conducted by the (city),(town),(county),
(appropriate local agency, within 15 days after the date of the written demand for
the hearing. The agency conducting the hearing shall make its recommendation to
the governing body of the (city, (town), (county), within 15 days after the date of
the hearing.
7. Final Decision
The governing body shall render its final decision on the civil penalty within 15
days of the receipt of the recommendation from the agency.
8. Appeal of Final Decision
Appeal from the final decision of the governing body shall be to the Superior
Court of the county where the violation occurred, or the location of the violator's
residence or principal place of business.
35
Orange County SE & SC Ordinance October 23 2007
9. Credit of Civil Penalties
Civil penalties collected pursuant to this ordinance shall be credited to the Civil
Penalty and Forfeiture Fund. [Note: Case law on an air quality delegated program
determined that civil penalties assessed by local governments pursuant to a State
delegation had to be remitted to the Civil Penalty and Forfeiture Fund for the
benefit of the local school boards pursuant to the State Constitution's provision on
State penalties, fines and forfeitures.]
B. Criminal Penalties
Any person who knowingly or willingly violates any provision of this Ordinance or
rule or order adopted or issued pursuant to this Ordinance, or who knowingly or
willfully initiates or continues a land- disturbing activity for which an Erosion Control
Plan is required except in accordance with the terms, conditions, and provisions of an
approved plan shall be guilty of a misdemeanor punishable by imprisonment not to
exceed 90 days or by a fine not to exceed $5,000, or by both, at the discretion of the
court.
SECTION 23 INJUNCTIVE RELIEF
A. Civil Action in Superior Court
Whenever the governing body of the Town or County has reasonable cause to believe
that any person is violating or threatening to violate this Ordinance or any rule or order
adopted or issued pursuant to this Ordinance, or any term, condition, or provision of
an approved Erosion Control Plan, it may, either before or after the institution of any
other action or proceeding authorized by this Ordinance, institute a civil action in the
name of the town or county for injunctive relief to restrain the violation or threatened
violation. The action shall be brought in the Superior Court of Orange County.
B. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is threatened,
the court shall enter any order or judgment that is necessary to abate the violation, to
ensure that restoration is performed, or to prevent the threatened violation. The
institution of an action for injunctive relief under this section shall not relieve any
party to the proceedings from any civil or-criminal penalty prescribed for violations of
this Ordinance.
Orange County SE & SC Ordinance October 23 2007
SECTION 24 RESTORATION OF AREAS AFFECTED BY FAILURE TO
COMPLY
The County may require a person who is engaged in a land - disturbing activity and failed
to retain sediment generated by the activity, as required by G.S. 113A- 57(3), to restore the
waters and land affected by the failure so as to minimize the detrimental effects of the
resulting pollution by sedimentation. This authority is in addition to any other civil or
criminal penalty or injunctive relief authorized under this Ordinance.
SECTION 25 SEVERABILITY
If any one or more sections or portions thereof of this Ordinance are held to be invalid or
unenforceable, all other sections and portions thereof shall nevertheless continue in full
force and effect.
SECTION 26 EFFECTIVE DATE
This Ordinance will become effective upon passage by the Orange County Board of
Commissioners and the approval of the North Carolina Sedimentation Control
Commission.
Explanatory Note: The Soil Erosion and Sedimentation Control Ordinance was originally
adopted by the Orange County Board of Commissioners on December 30, 1975 and
amended on the dates listed at the end of this Ordinance.
SECTION 27 REVISIONS TO THIS ORDINANCE
The County shall review all the Commission's revisions to the Model Ordinance and,
within 90 days of receipt of the recommended revisions, submit draft amendments to the
Commission for its consideration and comments. Within 150 days after receipt of the
Commission's comments, the County will formally consider proposed amendments and to
the extent deemed necessary by the County, incorporate the amendments into the Erosion
Control Ordinance.
37
Orange County SE & SC Ordinance October 23 2007
Amendments to the Soil Erosion and Sedimentation Control Ordinance:
DATE
REFERENCE
December 30, 1975
Ordinance Adopted
December 6, 1978
Sections 3, 6, 9, 13, 17, 18, and 22
September 1, 1979
Sections 17 and 21
April 8, 1980
Sections 7, 9, and 19
December 7, 1983
Sections 2, 3, 6, 7, 8, 9, 11, 13, 15, 17, and 18
June 6, 1984
Sections 6, 17, and 18
December 2, 1985
Sections 2, 3, 4, 8, 9, 13, 15, 17, 18, 19, 21, and 22
February 24, 1986
Sections 3, 6, 6.1, 7, 13, 15, 17, 19, and 20
January 3, 1989
Sections 5, 6, 17, 18, 18.1, and 22
October 2, 1989
Sections 18, 18.1, 22
May 21, 1991
Sections 3, 4, 5, 7, 8, 9, 10, 15, 17, 18, 19, 21, 22, 26
December 7, 1992
Sections 3, 8, 9, 15, 17, 22, 25
June 27, 2002
Sections 2, 3, 6, 8, 9, 11, 15, 17, 18
September 16, 2003
Sections 3, 6, 7, 17
October 23, 2007
Sections 8, 9, 18, 21, 22
m
Orange County SE & SC Ordinance October 23 2007
A
Accelerated Erosion, 3
Access and Haul Roads, 20
Acre,3
Act, 3
Additional Measures, 21
Agent, 22, 26
Agent, 29
When Required, 22
Agricultural Land, 9
Agricultural Land, 3
Agriculture, 9, 14
Amendments, 5, 24, 27, 33
Amendments, 26, 34
Appeal, 24
Appeal, 27, 29, 31
Application, 10, 21, 25, 27
Application, 22,26
Approval, 3, 12, 14, 22, 23, 25, 26, 27, 28, 29, 30, 31, 33
approved with performance reservations, 25
conditions of approval, 25, 27
Approval, 15, 23
approved with modifications, 25
Attorney, 26
B
best management practices, 9
Board of Commissioners, 27, 28, 31, 33
Appeals, 28
borrow, 20
Borrow, 4, 20
Buffer, 10, 12, 17, 20
sediment - trapping, 11
stream, 16, 20
Buffer, 4, 12, 16
Buffer Zone, 12, 17
Building Permit, 23
Calculations, 25
Cane Creek Watershed Area, 4
Carrboro, 8, 28
Certified mail, 21, 24, 30
Channel, 5, 7, 8, 14, 17, 19, 20, 21, 22, 25
design, 14
protection, 13
Channel, 4
Chapel Hill, 8, 28
Civil penalty, 27, 31
Coastal Counties, 4
critical areas, 25
Critical Areas, 11
39
_Orange County SE & SC Ordinance October 23 2007
Deadline, 25
Department of Environment, Health, and Natural Resources, 4, 12, 14
Design Storm, 13
Detention, 17
Detention, 17
Development, 3, 6, 10, 11, 13, 15, 17, 18, 20, 21, 25
Development, 1, 4
Disapproval, 25, 27, 28, 29
appeal of, 27
Diversion, 5
Division of Land Resources, 12, 14, 29
Division of Solid Waste Management, 20
Drainage, 2, 3, 7, 15, 16, 17, 19, 21
Drawings, 25
E
Effective Date, 21, 33
Eminent domain, 9
Energy Dissipator, 5
Entry, 29
Environmental Documents, 26
Environmental Management Commission, 12
Environmental Policy Act, 26
Erosion, 6
Erosion, 1, 2, 3, 4, 5, 6, 10, 27, 29, 33
Erosion control devices, 13, 17
Responsibility for Installation and Maintenance, 20
Erosion Control Division, 10, 24, 25, 27, 30
Erosion Control Officer, 10, 13, 21, 22, 23, 24, 25, 26, 27, 29, 30, 31
Erosion Control Plan, 3, 10, 15, 20, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32
amendment to plan, 26
approval, 23
content, 25
Erosion Control Standards, 27
Excavation, 1, 4
Exclusions, 8
Existing Uncovered Areas, 21
Expiration of Permits, 23
land disturbing, 23
plan approval, 23
start of activity, 23
Exposed Areas, 11
F
Fees, 23, 25
Fills, 13
Financial responsibility, 25, 26
Flooding, 1, 2, 3, 17
Forest Practice Guidelines Related to Water Quality, 9
Forestland, 9
Forms, 22
Fresh Surface Water Classification and Standards, 13
40
Orange County SE & SC Ordinance October 23, 2007
G
General Statutes, 5, 28
113A -1, 26
113A- 56(a), 9
113A- 61(c), 28
113A- 64(b), 27
15 NCAC 413.0018(b), 28
15013- 14(c), 5
153A -357, 23
Graded Slopes and Fills, 13
Grading, 1, 4, 6, 13, 15, 23
Grassed Swales, 17
Ground cover, 4, 5, 7, 13, 14, 17, 21, 22, 25
T
1
Hearing, 28, 31
Hillsborough, 8, 28
HQW, 5, 14
Impervious surfaces, 2
injunctive relief, 32
Injunctive Relief, 32
Inspections, 29
Investigations, 29
J
Jurisdiction, 8, 9, 22
L
Lakes, 20
Land Disturbing Permit, 15, 23, 24, 30
revocation, 24
Land - disturbing activity, 3, 4, 6, 8, 10, 11, 12, 13, 14, 15, 18, 20, 21, 23, 24, 25, 26, 29, 30, 31, 32..... .
Landowner, 6, 21, 22
M
Maintenance, 6, 15, 20, 21.
Mandatory standards, 12, 27
Manual, 11, 13, 14, 27
Mebane, 8, 28
Mining, 4, 9, 20
Model Ordinance, 33
N
Notice of Violation, 21, 26, 30
5]
Objectives, 2, 3, 11, 17
Off -site Facilities, 21
Orange Soil and Water Conservation District, 5, 24
Ownership, 7, 22, 25, 26
41
Orange County SE & SC Ordinance October 23, 2007
P
Past Performance, 26, 29
Peak discharge, 18
Peak Discharge, 6
Peak rate, 12, 13, 14.
Penalties, 30, 31, 32
Penalty, 31, 32
Performance, 3, 13
Performance reservations, 25
Performance standards, 3, 12
Pem-iissible velocity, 19
Permits, 22, 23, 30
Person Conducting Land - disturbing Activity, 6
Phase of Grading, 6
Plan, 6
Plan Approval, 23.
Plan content, 25
Plan Requirement, 10, 22, 24, 29
Planning Board, 22, 28
Planning Director, 27
Private property, 1, 9, 11
Property, 9, 11, 29
authority to enter, 29
Protection of Property, 11
R
Relocation of a stream, 20
Requirements, 9, 10, 11, 15, 16, 25, 27
Resident of North Carolina, 26
Responsibility, 25
Responsibility for Installation and Maintenance, 20
Responsibility for maintenance, 15
Retention, 17
Return receipt requested, 21
Revisions, 26, 27,33
Revocation, 24
Right to inspect, 29
Rules of Civil Procedure, 24, 30
Runoff, 2, 4, 5, 7, 10, 13, 14, 15, 17, 18, 21.
S
Scope, 8
Sediment, 11, 13, 16, 17, 25
Sediment ponds, 14.
Sedimentation, 1, 2, 3, 6, 7, 11, 12, 13, 14, 15, 20, 21, 22, 24, 26.
control commission, 4, 28, 33
Slopes, 13, 14
Soil, 1, 8, 11, 13, 14, 15, 24, 33...
Soil Conservation Service, 14
Stabilization, 4, 14, 25
Standards, 11, 12, 13, 14, 15, 17, 18, 27
Stop Work Order, 30
Stream, 5, 6, 12, 16, 22
Surface Water, 10, 11, 13
Swales, 7, 15, 19
42
bounty SE & SC Ordinance October 23 2007
Ii
Table of permissible velocity, 19
Ten -year Storm, 18
Ten -Year Storm, 7
Time of Exposure, 11
Topography, 2, 6, 7
Tract, 4, 7, 9, 12, 13, 14, 15, 23, 24, 25
Trout waters, 5, 12, 13
Twenty-five Year Storm, 7
V
University Lake, 1, 2, 3, 7, 9, 10, 15, 16, 18, 19, 20, 21, 22, 23
V
Vegetation, 2, 4, 15, 16, 17, 20
Velocity, 2, 4, 5, 8, 15, 16, 17, 18, 19
control of, 18
of runoff, 2
Violation, 6, 21, 24, 29, 30, 31, 32
penalty, 31
W
Waiver, 10
Warning, 25
Waste, 8, 20
Water Quality, 2, 9, 24, 26
Watercourse, 2, 4, 7, 10, 12, 15, 16, 18, 19, 20
Wetland, 8, 10, 15, 17
Working days, 13,14
Working Days, 8
43
1
A RESOLUTION APPROVING AMENDMENTS TO THE ORANGE COUNTY SOIL V -tl '
EROSION AND SEDIMENTATION CONTROL ORDINANCE
WHEREAS, Orange County adopted a countywide Soil Erosion and Sedimentation
Control Ordinance in 1975; and
WHEREAS, the Ordinance has been amended 13 times in the ensuing years: and
WHEREAS, all amendments except one have been at the request of the State of
North Carolina to match changes to the State's model ordinance; and
WHEREAS, recent changes in the State's model ordinance necessitate changes to
the Orange County Soil Erosion and Sedimentation Control Ordinance in the
following areas:
1. Ground Cover
2. Intent
3. Notice of Activity Initiation
4. Preconstruction Conference
5. Required Revisions
6. Civil Penalty Assessment Factors
7. Notice of Civil Penalty Assessment
8. Hearing
9. Final Decision
10. Appeal of Final Decision
11. Credit of Civil Penalties
12. Graded Slopes and Fills
13. Financial Responsibility and Ownership
14. Land Disturbing Activity
15. Area Inspection; and
WHEREAS, Orange County desires to maintain consistency with the State program;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners approves the amendments to the Orange County Soil Erosion and
Sedimentation Control Ordinance.
Upon motion of Comm issionerl seconded by C missioner � /a
the foregoing resolution was adopted this the day of 2007.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoin is a true copy of
so much of the proceedings of said Board at a meeting held on 3 ,
2007 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in Minute Book No. of the minutes of said Board.
a-!
WITNESS my hand and the seal of said County, this ° / day of
200-j