ORD-2007-018 - Amendments to the Orange County Stormwater for Lands within the Neuse River Basin

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