HomeMy WebLinkAboutAgenda - 05-22-2000-ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
AGENDA
JOINT PUBLIC HEARING
MAY 22, 2000
7:30 P.M.
JUDGE GORDON F. BATTLE COURTROOM
ORANGE COUNTY COURTHOUSE (new)
106 E. MARGARET LANE
HILLSBOROUGH, NORTH CAROLINA
NOTE: INFORMATION IS
AVAILABLE IN THE
PLANNING DEPARTMENT
OR THE CLERK'S OFFICE
NOTICE TO PEOPLE WITH IMPAIRED HEARING: Audio amplification equipment is
available on request. If you need this assistance, please call the County Clerk's
Office at 732-8181 or 966-4501.
7:30 A. OPENING REMARKS FROM THE CHAIR
B. PUBLIC CHARGE
The Board of Commissioners pledges to the citizens of Orange County its
respect. The Board asks its citizens to conduct themselves in a respectful,
courteous manner, both with the Board and with fellow citizens. At any time
should any member of the Board or any citizen fail to observe this public
charge, the Chair will ask the offending member to leave the meeting until
that individual regains personal control.. Should decorum fail to be restored,
the Chair will recess the meeting until such time that a genuine commitment
to this public charge is observed.
C. PUBLIC HEARING ITEMS
7:35 1. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
a. Section 20.6 Public Hearing and Notice Thereof
b. Section 4.2.12 Existing Commercial - V (EC-5)
8:15 2. ORANGE COUNTY SOIL EROSION AND SEDIMENTATION
CONTROL AMENDMENTS
8:30 3. CONSIDERATION OF THE NEUSE RIVER BASIN STORMWATER
CONTROL ORDINANCE
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
AND
PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: May 22ti 2000
1
Action Agenda
Item #
SUBJECT: May 22, 2000 Quarterly Public Hearing
DEPARTMENT: Planning & Inspections
ATTACHMENT(S):
1) Legal Ad
2) Proposed Public Hearing Notification Amendments
3) Proposed EC-5 Modification Amendment
4) Soil Erosion and Sedimentation Amendments
5) State Model Ordinance -Neuse River Basin ,
6) Neuse River Basin Map
PUBLIC HEARING: (Y/1~ YES
INFORMATION CONTACT:
Robert P. Davis, Planner III Ext. 2580
Craig Benedict, Planning Director Ext. 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Durham 688-7331
Mebane 227-2031
Chapel Hill 967-9251
PURPOSE: Consideration of Zoning Text Amendments, Neuse River Basin Stormwater rules, and
Erosion Control Ordinance Amendments
BACKGROUND:
Re nests
• 1) Revise the Public Hearing Notification Process in the Zoning Ordinance
• Provides for an alternative method of public notification and clarifies existing procedures
• 2) Amend the application criteria for establishment of the Existing Commercial-V (EC-5) zoning district
• Sets locational standards for the modification of EC-5 districts
3) Adopt new ordinance for Neuse River Basin Stormwater Protection Program
• State Law requires adoption of this draft ordinance by August 1, 2000 for state review
• Delegation of buffer program to Orange County
• Implementation by February 1, 2001
4) Amend the Soil Erosion and Sedimentation Control Ordinance
• State-mandated changes to conform to the Model Ordinance of NC Sedimentation Control Commission
Location
Amendment numbers 1 and 2, if adopted, will apply to the entirety of Orange County lying outside the
municipalities and their extraterritorial jurisdictions, if any.
Amendment number 3 will apply to the portion of the Neuse River Basin within the Orange County
Jurisdiction (excluding Town Limits of Hillsborough)
Amendment number 4 will apply countywide with the exception of the Town Limits of Chapel Hill.
2
~.. PUBLIC HEARING NOTIFICATION PROCESS
Existing Conditions,
• One method of public heaiing notification in ordinance
Proposed Ordinance
• Provides a second option as approved in State Statutes to include an `Open House' phase with staff prior to
public hearing for County proposed amendments
• Clarifies the procedures for notification
2. APPLICATION CRITERIA FOR EXISTING COMMERCIAL-V (EC-5) DISTRICTS
Existin Conditions
• Rigid procedure for modification of property condemned for a public process
Proposed Ordinance
• Proposes procedures, and strict conditions, far modification of EC-5 Districts
3. ORANGE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL AMENDMENTS
Existin Conditions
• Ordinance contains lesser enforcement actions and restorations requirements
Proposed Ordinance
• Increased per day civil penalties
• Change in starting day of civil penalties
• Requires restoration in cases where off site damage has occurred.
4. CONSIDERATION OF NEUSE RIVER BASIN STORMWATER CONTROL ORDINANCE
Existing Conditions
• No ordinance in effect other than the locally adopted watershed rules
Proposed Ordinance
• Stormwater regulations for new developments
• Buffers for all USGS blue line streams and mapped Soil Survey streams
• Illegal dischazge tracking by County
• Retrofit Locations
• Annual Public Education
• Reporting Requirements
Development Process, Schedule, and Action
• Public Hearing on May 22, 2000
• Refer amendment 1 to the Planning Board for a recommendation back to the Boazd of County
Commissioners no sooner than June 29, 2000.
• Refer amendments 2, 3 and 4 to Planning Boazd for a recommendation back to the Board of County
n • .l A . 1 ~ AAAA
3
RECOMMENDATION: Planning Staff Recommendation: Approval of the proposed amendments as
given in the attached documents.
Administration Recommendation: Refer proposed amendments to the
Planning Board for a recommendation to be returned to the Board of
Commissioners no sooner than June 29, 2000.
NOTE: Amendments to the subdivision regulations are legislative decisions (legislative public hearing
rules apply).
a
„ NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the
New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina,
on Monday, May 22, 2000, at 7:30 p.m, for the purpose of giving all interested citizens an
opportunity to speak for ar against the following items:
A. ORANGE COUNTY ZONING TEXT AMENDMENTS
1. Upper Eno Watershed Density Amendments
a. Amend SECTION 6.23.1 LAND USE RESTRICTIONS to
lower the permitted densities in a portion the Upper Eno
Protected Watershed Area and the Upper Eno Critical Area.
b. Amend SECTION 6.23.2 RESIDENTIAL DENSITY to revise
the maximum density allowed in a portion of the Protected
Area and all of the Critical Area.
c. Amend SECTION 6.23.3c.1 Residential Develo ment for a
portion of the Protected Area and all of the Critical Area.
d. Amend SECTION 6.23.3c.2 Non-Residential Develo ment
for a portion of the Protected Area and all of the Critical
Area.
e. Amend SECTION 6.23.6 UNDISTURBED AREA far a
portion of the Protected Area and all of the Critical Area.
f. Amend SECTION 6.23.8 WATER SUPPLY/SEWAGE
DISPOSAL FACILITIES for a portion of the Protected Area
and all of the Critical Area.
g. Amend SECTION 6.23.9 CLUSTERING for the Upper Eno
Critical and Protected Areas.
PURPOSE: To promote water quality and other county goals in the
Upper Eno Watershed and to begin implementation of the Neuse
River Basin Stormwater Ordinance Rules.
2. Amend Public Hearing Notification Procedures
a. Amend SECTION 20.6 Public Hearin and Notice Thereof to
allow an alternative process of advertisement and
notification of non-petitioning owners of property for which a
Zoning Atlas Amendment is proposed.
PURPOSE: To provide a second option in the zoning ordinance for
notification of public hearings.. Also, clarifies the procedures on
notification of nonpetitioning owners, sign posting and attorney
representation.
5
3. Amend the' application criteria for establishment of EC-5
zoning districts
a. Amend SECTION 4.2.12 Existing Commercial - V (EC-5)
District to create the procedures for modification of existing
EC-5 districts in cases of public condemnation of private
property.
PURPOSE: To allow, under strict guidlines, the modification of
an EC-5 district which becomes non-functional due to
condemnation for a public improvement. Development wifhin
the re-established, administratively-approved district shall be
required to meet all applicable provisions and shall be in close
proximity to the remaining portion of condemned property.
B. ORANGE COUNTY SOIL EROSION AND SEDIMENTATION
CONTROL AMENDMENTS
a. Amend various sections of the Ordinance.
PURPOSE: The purpose of the attached Soi! Erosion and
Sedimentation .Control Ordinance amendments is to conform
the County Ordinance with the amended Model Ordinance of
the North Carolina Sedimentation Control Commission.
These changes are the result of legislative changes, the
State's staff enforcement experience and the
recommendations of their attorneys. The amendments
include changes such as: $500 per day civil penalty to a
$5000 civil penalty for violations, penalty assessment from
the date of detection instead of the delivery date of the
notice of violation, and an extension of the plan approval
expiration date from twelve months to eighteen months.
C. CONSIDERATION OF THE NEUSE RIVER BASIN
S~FORMWATER CONTROL ORDINANCE
a. Incorporates new, State-mandated, locally adopted rules to
regulate stormwater within the Neuse River Basin.
PURPOSE: To meet the state sef date for adoption of the
Neuse River Basin Stormwater Control Ordinance.
Changes may be made in the advertised proposals that reflect debate, objections
and discussion at the hearing.
Questions regarding the proposals may be directed to the Orange County Planning
Department located in the Planning and Agricultural Center, 306E Revere Road,
Hillsborough, North Carolina. OfFce hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham), 967-
9251 (Chanel Hill-Carrborol or 227-2031 (Mebane/Graham). Please ask for extension
PUBLISH: News of Or a Cha el Hill Herald
May 10, 2000 May 10, 2000
May 17, 2000 May 17, 2000
7
Proposed Ordinance at Public Hearing
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that
the Zoning Ordinance is hereby amended as follows:
• n' =Deleted Text
Bold Text =Proposed Text
d:
SECTION ONE:
20.6.1 Notice to Nonpetitioning Owners
Except for petitions providing notification under the provisions of
Section 20.6.2(b) below, if a petition to amend the Zoning Atlas is not
signed by all of the owners of all land for which rezoning is requested,
the following notification procedures shall be followed:
X91 Wrlttwn Nn~Miftr~atinn Thn nd+Gfi.,.,.,....t~..,~~ ....a:x,. ........:s:.....
8
Proposed Ordinance at Public HCearing
a form supplied by the Planning Department, and shall specify
present and proposed zoning classifications. The letter shall be sent
by certified mail #o the last known address of nonpetitioning owners.
(b) Alternative Notification. As an alternative method of notice, the
petitioner may obtain the notarized signatures of nonpetitioning
owners on a statement acknowledging that said owners have
received notice that a petition will be filed and heard at a joint public
hearing before the Board of County Commissioners and Planning
Board. In cases where notarized signatures of nonpetitioning
owners are obtained, written notification shall not be necessary.
(c) Second Notification. If for any reason the initial letter is not
delivered, a second letter of the required form shall be sent by
certified mail to the nonpetitioning owner's address as shown on the
records of the offrce of the Tax Assessor, if said address is different
from the last known address.
(d) Undelivered Notices. If for any reason neither such letter notice is
delivered, the petitioner shall then file with the Planning Department
a signed certificate setting forth that written notification, has been
sent to all nonpetitioning owners who have not accepted notice by
signed statement, and shall attach thereto either the return receipts
showing that the letters have been delivered or the letters
themselves and the mailing envelopes thereof,
(e) List of Owners Notified. In the event all letters are not delivered, the
petitioner shall attach to the certificate a list containing the names
and street or mailing addresses and Parcel Identification Number(s)
or TMBL reference number to whose addresses written notice was
not delivered. This list of names and addresses shall be included in
packet materials provided to the Board of County Commissioners
and the Planning Board prior to the Public Hearing.
(f, Advertisement. Such publication of the public hear%ng shall be made
within one hundred and eighty (18Q) days of the posting of the first
letter to the nonpetitioning owner at such person's last known
address. Otherwise; said notification procedure shall start anew.
SEGTIQN TWO:
20.6.2 Notice to Property Owners and Adjacent Property Owners
(a) Mailed Notices. In the event of a petition to amend the Zoning Atlas;
certified letters, return receipt requested, shall be sent no less than
fifteen (15) days before the hearing date to all property owners within
and adjacent to the property for which the amendment is requested.
Arli~nnnt nrnranrhi naeinnr~ ern ~hncn aarM.~.~n n•awan~ ~warl ~rlrlrncenc arA
9
Proposed Ordinance at Public I~Cearing
currently listed i.n the Orange County tax records and whose
property lies within 500 feet of the petitioned tract
If amendments to the Zoning Atlas are proposed by the County, notice
shall be sent by first class mail to all affected property owners and to
all adjacent property owners within 500 feet as provided above.
(b) News a er Advertisement.
1. The certified or first class mail notices required above shall not
be required if the zoning map amendment directly affects more
than fifty (50) properties, owned by a total of at least fifty (50)
different property owners, and the Board of County
Commissioners elects to use the expanded published notice
provided for in this subsection.
2. In this instance, the Board of County Commissioners may elect to
either make the mailed notice provided for above or may, as an
alternative, elect to publish once a week for at least four
successive calendar weeks in a newspaper having general
circulation in the area an advertisement of the public hearing that
shows the boundaries of the area affected by the proposed
zoning map amendment and explains the nature of the proposed
change.
3.. The final, two advertisements shall comply with and be deemed to
satisfy the provisions of G.S. 153A-323.
4. The amendment shall not be less than one-half of a newspaper
page in size.
5. The advertisement shall only be effective for property owners
who reside in the area of general circulation of the newspaper
which publishes the notice.
6, Properly owners who reside outside of the newspaper circulation
area, according to the address listed on the more recent properly
tax listing for the affected property, shall be notified by first class
mail pursuant to subsection (1) of this section.
7. The person or persons mailing the notices shall certify to the
Board of County Commissioners that fact, and in the certificates
shall be deemed conclusive in the absence of fraud.
8. In addition to the published notice, a county shall post one or
more prominent signs on or immediately adjacent to the subject
area reasonably calculated to give public notice of the proposed
rezoning.
(c) The provisions of this section shall not be applicable to any zoning
map adoption that initially zones property added to the territorial
coverage of the ordinance.
SECTION THREE:
20.6.3 Fees for Notification
~.o
Proposed Ordinance at Public Hearing
A fee of five do-tlars ($5) for each owner indicated above will be charged
to the petitioner to defray the costs of the research, preparation, and
mailing of a notice of the pending zoning classification action to each.
SECTION FOUR:
20.fi.4 Advertising and Posting
- Whenever a petition to amend the Zoning Ordinance or the Subdivision
Regulations is submitted to the Planning Department, the Zoning Officer
shall process the application as specified in Article 20. Said notice of
the public hearing shall be given by publishing said notice at least twice
in a newspaper of general circulation in the County, stating the time and
place of such hearing and the substance of the proposed amendment.
This notice shall appear in said newspaper for two successive weeks
with the first notice appearing not less than ten (10) days nor more than
twenty-five (25) days before the date set for the public hearing. In
computing the notice period, the day of publication is not to be
included, but the day of the hearing is to be included. In cases of
petitions to amend a zoning classification, the property shall be posted
with a notice of public hearing at least 10 days prior to the date of said
public hearing. Said notice shall consist.of a sign(s), a minimum of 18"
x 24" posted on the properly at a conspicuous location(s), which sign
shall be legible from the nearest public road. Location(s) which are not
conspicuous or require additional notification to the public, will be
required to have a directional sign(s) posted. Each sign(s) or each
directional sign(s) will have an additional charge of twenty-five (25)
dollars to the petitioner. The signs are and shall remain the property of
the County and shall be prepared, posted and reclaimed by it.
SECTION FIVE:
20.6,5 Respresentation by Attorney
In any case where any of the parties are represented by an attorney
named in the petition, the mailing or delivery of a copy of the staff report
and the notice of any hearing.to the attorney, shall be the equivalent of
mailing or delivering the same to the party or parties represented by the
attorney.
SECTION SIX: '
This ordinance shall become effective upon adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
11
ZONING NON-PETITIONING OWNER NOTICE
A petition to amend the zoning map of Orange County has been filed by:
,far property owned by
' (Name)
• (Address, State, and Zip Cade)
to change the zoning class cation of the property from
(Present Zoning Classification)
to the new zoning classification of
. (Proposed Zoning Classification)
The property is located at
and consists of ~ TMBL: PIN#:
TMBL: PIN#:
TMBL:
PIN#:
The principal activities allowed in the proposed new zoning classification are:
.The Board of County Commissioners and the Planning Board will hold a public
hearing on this petition an , 200_. A public notice in the form of a
rezoning sign will be posted on the premises (within the petitioned boundaries) at least ten (10)
days before the Public Hearing by the Planning Staff. A legal advertisement will appear in the
News of Orange and the Chapel Hill Herald for two successive weeks with the. first notice
appearing not less than ten (10) days nor more than twenty-five (25) days before the date set
for the public hearing.
If you have any questions concerning this petition, please contact the Orange
County Planning Department, P.O. Box 8181, Hillsborough, NC 27278, Telephone
(919) 245-2575 or (336) 227-2031 Ext. 2575. .
NOTE: This notice must be sent CERTIFIED MAIL to all non-petitioning property
owners`A copy of this notice, Receipt far Certified Mail (white slip) and
Public Hearing Ordinance
An Ordinance Amending the Zoning Ordinance of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that
the Zoning Ordinance is hereby amended as follows:
SECTION ONE:
4.12.12 Existing Commercial-V (EC-5) District
a) Intent
The purpose of the Existing Commercial-V (EC-5) District is to provide
a district to be used only during the application of zoning to previously
unzoned townships to accommodate existing commercial uses or in
zoned townships to previously zoned commercial property which is
not located in areas designated as Activity Nodes by the adopted
Comprehensive Plan.
b) Application Criteria
This district will be applied to existing commercial uses in unzoned
townships and previously zoned commercial property located in areas
not designated ad Activity Nodes in the adopted Comprehensive Plan.
This designation shall only be applied to property used for existing
commercial at the time of application of this ordinance.
4.12.13
Notwithstanding Section 4.12.12 above, an Existing Commercial-V
(EC-5) District eliminated or reduced to anon-functional lot as a
result of a public-entity condemnation or partial taking may be re-
established administratively provided the following criterion are met:
a) Use of the administratively approved district shall be the same
use as existed on the condemned or partially taken property.
b) New district shall be in close proximity.
c) Existing district shall be eliminated and returned to the zoning of
surrounding land. If the old district is adjacent to more. than one
district, the tract shall be returned to the lowest use category.
d) Resulting lot size shall meet or exceed minimum non-EC district
size for applicable use. Use shall not be expanded more than 10
percent
e) All impervious watershed limitations shall be met.
f) A twenty (20) feet width landscaped buffer shall established
along the new right-of-way. Design criteria shall be institu#ed
meeting commercial standards.
12
~~
Public Hearing Ordinance
g) Economic Development District standards shall be used, where
applicable.
h) Access point shall limited to one driveway a minimum of 25 feet
width and a maximum of 40 feet width. Transportation plan shall
be submitted along with zoning permit request.
i) Freestanding signs shall be limited to six (6) feet height and fifty
(50) square feet maximum.
j) All current Environmental Health regulations shall be met.
k) All other applicable development criteria such as parking,
loading/unloading areas, buffers, etc. shall apply.
I) If a condemnation results in less property being taken for right-
of-way than is specified in the Orange County Comprehensive
Plan (Transportation Element), then this section shall not be
used.
SECTION TWO: This ordinance shall become effective upon adoption.
(Signature)
Clerk, Board of County Commissioners
(Signature)
Chair, Orange County Commissioners
Date and Seal
Amendments to the Orange County
Soil Erosio>rt and Sedimentation Control Ordinance
April 14, 2000
NOTE: The underlined text will be added to the Ordinance and the struck-through text will be deleted. The
amendments (with only one exception as noted) are being made so that the County Ordinance conforms to the
amended Model Ordinance of the North Carolina Sedimentation Control Commission. These changes are the
result of legislative changes, the State's staff enforcement experience and the recommendations of their attorneys.
Section 3 Definitions
Affiliate - a erson that directl or indirect] throw hone or more intermediaries controls is controlled b or is
under common control of another erson.
Parent - an affiliate that directl or indirect] throw hone or mare intermediaries controls another erson.
Subsidia - an affiliate that is directl or indirect] throw hone or more intermediaries controlled b another
eP rson•
Commentary: These new definitions will be placed within the current list in alphabetical order.
Section 5 Scope and Exclusions (County-wide)
This Ordinance shall not a 1 to the followin land-disturbin activities:
A. Agriculture
Activities includin the breedin and razin of livestoc undertaken on a ricultural land for the
roduction of ]ants and animals useful to man includin but not limited to:
1. fora es and sad cro s rains and feed cro s tobacco cotton and eanuts•
2. dai animals and dai roducts•
3. owl and owl roducts•
4. livestock includin beef cattle shee swine horses onies mules ar oats includin the
breedin and azin of an or all such animals•
S. bees and a is roducts•
6. fur animals•
B. 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 adapted by the Department. if ]and-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 ofthis
ordinance shall apply to such activity and any related land-disturbing activity on the tract.
C. Mining
1
• .Activities for which a permit is
re wired under the Minin Act of 1971 Article 7 of Cha ter 74 of the General statues,
Commentary: The changes.abave will be made in this Section to conform to amendments to the
MadelOrdinance.
Section 17 Permits
C. 6~a~g Land- Disturbin Permit
Before starting gland- disturbing activity greater than 20,000 square feet, the owner or his agent shall
obtain a ~g Land- Disturbing Permit from the Erosion Control Officer, Brosion Control Plans must
be approved before a ~g Land- Disturbing Permit will be issued: 6~g Land-_Disturbing Permits
maybe obtained when the Flan is approved or prior to the start of the land disturbance.
Commentary: This text change will occur throughout the Ordinance. The purpose of this change is to
clam that the Permit is to be obtained before any land-disturbing activity.
D. Expiration of Permits
Plan Approvals
The Coun ma establish an ex iration date for erosion control laps a roved under this Ordinance.
Erosion Control Plan Approvals expire ei hteen months eye-}~e~x after the approval date unless the land
disturbance is started as defined below.
Commentary: The text will be added to conform to the Model. Stajf'is proposing that the time
period of expiration be extended to give reasonable time for applicant to obtain all approvals
and permits necessary to construct the project, which can take considerable time in Carrboro
and Chapel Hill. A year is not Zang enough.
Section 18 Erosion and Sedimentation 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 co of the Plan must be Forwarded to the Director of the NC Division of Water uali for an
land-disturbin activi that involves the utilization of ditches for the u ose of de-waterin or lowerin
the water table.
B. Review by the Soil & Water Conservation District
The Orange Soil and Water Conservation District, ~}~;.L~n a.,.,~ ~~-e,.e:.,+ ~~ °~-. ~,°~ .,:~w;,.s„~~,
~"
shall review
such plan and submit ~ a~ comments and recomrendations to the Erosion Control Officer within 20
days after the Soil and Water Conservation District received the erosion control elan. or within any
15
shorter eriod of time as ma be a eed u an b the District and the Coun .Failure of the District to
submit its comments and recommendations to the Erosion Control Officer within wed 20 days
or an a reed-u on shorter eriod of time shall not delay final action on the plan.
16
C. Review and Response to Plans
The Erosion Control Officor 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 erasion control plan.
Deadline for Reviewing Plan
,Failure to approve, approve with_conditons. 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 l~e~ial of a plan must specifically state in writing the reasons for disc royal
denial. The County must approve a rove with conditions a rove with modifications or dex3~
dis. annrove a revised plan within 1 S days of receipt, or it is deemed to be approved. If, folloWing
commencement of eland-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 es-a~e that is necessary to comply with this Ordinance. Failure to approve.
a rove with conditions a rave with modifications or disc rove a revised erosion control Ian within
1 S da s of recei t shall be deemed a royal of the Ian.
G. Review of Other Environmental Documents
Any plan submitted for eland-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 far
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 a royal of the erosion control Ian is conditioned on the a licant's com liance with Federal and
State Water uali laws re ulations and rules.
H. Consideration of Applicants Past Performance
Oran a Coun ma disa rove ~ Erosion Control Plan u~1~~~Q;;od upon a finding that an
applicant, : or a parent, subsidiary.
or other affiliate of the applicant:
2. 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. .
Commentary: The changes above will be made in this Section to conform to amendments to the
Model Ordinance.
Section 21 Inspections and Investigations
A. Site Inspections
...,.,__ ri ,~......-- --~ - ----- - . .
17
Agents, officials, or other qualified persons authorized ,by the County will periodically inspect tke-sttes
land-distur_b_ing activities to ~„o ensure: compliance with the Act, this
ordinance, or rules or orders adopted or issued pursuant to this ordinance; Y=~"~+hd~"° °°+~~*~~ ~~ "°i~g
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 a royal of each erosion control
plan ~.
BG: Authority to Enter Property and Conduct Investigations and_Inspections
- No uerson shall willfully resist, delay. or obstruct an authorized representativeti emplo, ee, or a eg nt of
Orange Count while that person is inspecting or attempting„to inspect gland-disturbing activity under
this section. The Erosion Control Officer shall have the power to conduct such investigations as I-e
ear deemed reasonabl necessary to carry out his the duties as prescribed in this Ordinance,
'and far this purpose to enter at reasonable tinnes 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 leis their official duties.
~C. Notice of Violation
If~°'.hk ~°°~°s~isa; 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, e~
a notice of violation shall be served upon that person. The
notice ma be served b an means authorized under G.S. lA-1 rule 4. ~~-°^~~c*°-°a ^r ^°~~~°-' ~.^~~
.The notice shall
s eci a date b which the erson must cam 1 with the Act or this Ordinance or rules ~ or orders
ado ted ursuant to this Ordinance and inform the erson of the actions that need to be taken to com 1
with the Act. this Ordinance, or rules or orders-adopted pursuant„to,ths Ordinance. °°+ ~ .~~,_+"° °
. However, no time period for
compliance need be given far failure to submit an erosion control plan far approval or for obstructing,
hampering or interfering with an authorized representative while in the process of carrying out their
official duties. An erson who fails to com 1 within the times ecified is sub'ec't to the civil and
criminal enalties rovided in this Ordinance.
Commentary: The following 3 subsections in this Section will be relettered to account far the
added subsection.
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 adapted or
issued pursuant to this Ordinance, or who initiates or continues gland-disturbing activity for
18
which an erosion control plan is required except in accordance with the terms, conditions, and
provisions of an approved plan, is sub'ect to a civil enal .The maximum civil enal for a
violation is five thousand dollars S 000 er da .
A civil enal ma be assessed from the date the violation is detected ifthe deadline stated in
the Notice of Violation is not met. Aone-time civil enal of five thousand dollars 5000 ma
be assessed for the da the violation is first 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 make noti the erson who is assessed the
civil anal of the amount of the anal and the reason for assassin the anal . ~i#te~
The notice of assessment shall be served b an means authorized under Section 21 C of this
Ordinance and shall direct the violator to either a the assessment or contest the assessment
within 30 da s after recei t ofthe notice of assessmen b written demand for a hearin .
If payment is not received within 30 days after demand for
payment is made, the Coun or town ma institute a civil action to recover the amount of the
assessment. The civil action ma be brow ht in the Su erior Court of the coun where the
violation occurred or the violator's residence or rind al lace of business is located. teF
~e~• 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
'udicial review of the assessment.
Commentary: This penalty is dedeted. The penalty of $Sr70 a day untid the violation is corrected
can be used instead.
34. Use of Penalties
Civil penalties collected pursuant to this Ordinance shall be credited to the eneral fund of the
local overnment as nontax revenue.
Section 23 Injunctive Relief
B. Order to Cease Violation
Upon determination by a court that an alleged violation is occurring or is threatened, the court ~ shall
19
enter ~~c'~ ~~-~~~~ -- ••a~-~~~+~ ~ ~ an order or 'ud ement that is necessary to abate the violation, to
ensure that restoration is erformed or to prevent the threatened violation. The institution of an action
for injunctive relief under this section shall not relieve any party to s~tsl} the proceedings from ariy civil
or criminal penalty prescrilired for violations of this Ordinance.
Section 24 Restoration of.Areas Affected by_ Failure to Comely
The County may require a person who en ag,,_ged,in a land-disturbine activity, and failed to retain sediment
enerated b the activi as re uired b G.S. 113A-57 3 to restore the waters and land affected b the
failure so'as to minimize the detrimental effects of the resultin ollution b sedimentation. This
authority is in addition to any other civil or criminal penally ar iniunetiye relief authorized under this
Ordinance.
Commentary: This section is added to require the restoration of areas damaged by the failure to
'contain sediment on the site of aland-disturbing activity.
The remaining 3 sections will be renumbered to account for the addition of Section 24 above.
shed
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Watersheds