Orange County NC Website
Browse       Search
Add item 5 to follow NC general statutes in serving notice of civil penalty <br />6. Hearing <br />Add item 6 requiring a hearing when a civil penalty is issued <br />7. Final Decision <br />Add Item 7 requiring the governing body to issue a decision within a set nmber of days <br />after the hearing <br />8. Appeal of Final Decision <br />Add Item 8 providing a process for appeals to be handled by the County Superior Court <br />9. Credit of Civil Penalties <br />Add Item 9 clarifying that civil penalties collected pursuant to this ordinance are credited <br />to the state Civil Penalty and Forfeiture fund for the benefit of the local school boards as <br />required by the State Constitutions provisions on penalties, fines, and forfeitures. This <br />requirement based on case law for state programs delegated to local authority. <br />Recommendations <br />• Hear public comments on proposed revisions <br />• Refer to the Planning Board for recommendation <br />• Return recommendation to the BOCC no sooner than June 26, 2007 <br />Commissioner Jacobs asked Geof Gledhill about Civil Penalties Assessment Factors <br />and said that there does not seem to be any place for the local government to recover the costs <br />incurred in pursuing the enforcement option. Geof Gledhill said that itis not allowed. The North <br />Carolina Supreme Court has decided that all fines and forfeitures go to the schools. <br />Jay Bryan asked Terry Hackett if there were enough people to do the work to support <br />the revisions. Terry Hackettsaid that he thinks so, but there is a little bit of a push. There may <br />need to be additional staff at some point in the future. <br />There was no public comment. <br />A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to <br />refer to the Planning Board for a recommendation to be returned to the BOCC no sooner than <br />June 26, 2007. <br />VOTE: UNANIMOUS <br />5. Orange County Stormwater Ordinance for Lands within the Neuse River Basin: Text <br />amendments to the Orange County Stormwater Ordinance for Lands within the Neuse <br />River Basin to reflect changes in the Nitrogen Reduction Offset payment calculation. <br />Terry Hackett made this PowerPoint presentation. <br />Amendments to the Orange County <br />Stormwater Ordinance for Lands within the Neuse River Basin <br />Quarterly Public Hearing <br />May 21, 2007 <br />County Stormwater Ordinance <br />• Program covers lands within Neuse River Basin only <br />• Adopted State's model ordinance in March 2001 <br />• State Delegated Local Program <br />• Ordinance designed to reduce excess Nitrogen from Stormwater runoff <br />• Excess Nitrogen can lead to... <br />• Increased algae <br />