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ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 18 , 1997
Action Agenda
Item # IO_e
SUBJECT: Erosion Control Ordinance and the County' s Enforcement
DEPARTMENT: PLANNING PUBLIC HEARING: (Y/N) _ Yes _x_ No
BUDGET AMENDMENT: (Y/N) _ Yes _x_ No
ATTACHMENT(S) : INFORMATION CONTACT:
A Brief Summary of Orange County' s Warren Faircloth
Sediment and Erosion Control Program Extension 2586
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 968-4501
PURPOSE: To make a presentation on enforcement of the
County' s and Chapel Hill' s Erosion Control Ordinances. A
brief slide presentation will be made on sediment and
erosion control and the County' s program.
BACKGROUND: The Chapel Hill Town Manager has requested a
presentation by Erosion Control Division staff to the Town
Council regarding the Erosion Control Ordinance and
enforcement by the County. This request was to the County
Manager, who requested that this presentation be made to the
Board of Commissioner prior to it being presented to the
Town Council.
RECOMMENDATION(S) : Receive as information.
#34 ABSTR 2.97
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A Brief Summary of
Orange County's Sediment and Erosion Control Program
February 4, 1997
North Carolina allows and encourages local enforcement of
sediment and erosion control regulations but certain conditions
must be met . The local Ordinance must follow a Model Ordinance
and be at least as strict as the State' s Ordinance. However, the
local ordinance can be stronger and often is. For example,
erosion control plan approval can be required on sites where less
than one acre will be disturbed, which is the State requirement .
In Orange County a plan must be approved for sites disturbing
more than 20, 000 square feet. Orange County has its own Erosion
Control Manual that contains some requirements that are stricter
than the State' s. Our Ordinance also allows us to apply
conditions of approval to an erosion control plan. Orange County
has a Stop Work Order provision. Orange County originally adopted
its Erosion Control ordinance in December 1975 .
The State must approve all changes to the local ordinance to
ensure that it still meets the minimum requirements. Orange
County enforces erosion control County-wide, including the
jurisdictions of Carrboro, Chapel Hill, Hillsborough, and the
part of Mebane in Orange County. In addition to the County' s
Ordinance, the Town of Chapel Hill has its own ordinance because
part of its jurisdiction is in Durham County. County staff
enforces the Town' s ordinance through an administrative agreement
between the Town and the County. The two Ordinances are
essentially the same.
The State' s staff reviews local programs once a year to ensure
that the Ordinance is being enforced, competent staff are
overseeing the program, sites are being inspected and are in
compliance, and enforcement action is being taken where there are
violations.
The State retains jurisdiction over certain land disturbing
activities: NC Department of Transportation; school construction;
mines; utilities such as OWASA; and local, state, and federal
government construction projects.
General Ordinance requirements are: containing sediment on-site
to protect property, streams, and water bodies; permanent
stabilization of all disturbed areas to prevent future erosion;
regular inspections to ensure compliance; and erosion control
plan approval for disturbances greater than 20, 000 square feet .
These requirements apply regardless of the size of the
disturbance. Valid agriculture is exempt from the Ordinance. The
harvesting of timber is also exempt as long as Forestry Service
guidelines are met . Timbering a site for development is not
considered exempt .
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Local jurisdiction has the potential for better enforcement
because staff is closer to the sites and do not have to cover an
unmanageable geographical region. The close proximity means more
attention can be given to sites, making the program more
manageable and allows spending more time inspecting and less time
on the road. An important aspect is that it allows a site
inspection and evaluation during the erosion control plan review
process . This is imperative on most sites, especially on
difficult ones .
Another advantage of local enforcement is that it is possible to
routinely hold preconstruction conferences to go over the plan.
The purpose is to ensure that the contractor has a copy of the
approved plan, not of a preliminary one that may have been
changed before it was approved, discuss inspection and
enforcement procedures, etc. with the contractor and the person
financially responsible before work starts.
Regular site inspections are made to ensure compliance and detect
problems before they get out of control . The goal is to inspect
each site once a week. Realistically, some sites, such as rural
subdivisions, are inspected less frequently and sites with more
potential for failure and damage are seen more often.
Another important function is reviewing proposed development
projects during the initial stages of the design and approval
process. This allows us to remind the developer and site designer
that erosion control plan approval is required before land
disturbing commences. We can also review the proposal for
conditions or design features that may conflict with sediment and
erosion control requirements or standards, such as existing
conditions, topography, and room for the necessary sediment
controls. If problems are found, we can initiate discussions to
resolve conflicts before the development proposal is approved.
The County has three full time staff positions: two inspectors
and a supervisor who does most of the plan review and
administration. Essentially 10016 of time is spent on erosion
control, with some time spent on review of subdivisions in the
County' s jurisdiction. Sixty to seventy plans are approved each
year, and there are 80 to 120 active sites at any one time,
depending on the state of the economy and level of development
activity.
c: PROGRAM.SUM