Agenda - 11-04-1985 - Laserfiche WebLink

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4 3. For disturbances that do not exceed 20,000 square feet in surface area: In determining the area, contiguous sands under one or diverse ownership being developed as a unit will be aggregated. NOTE: This paragraph will be added to Section 17a to specify what activities do not require permits. maim 18 Section 18 Erosion and Sedimentation Control Plans c. Failure to approve or disapprove a complete erosion and sedimentation control plan within 30 days of receipt of the complete plan shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial. The county must approve or deny 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 such revisions as are necessary to comply with this ordinance. 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. NOTE: Section 18c will be expanded to include the two paragraphs above. e. If the Erosion Control Officer, either upon review of the Erosion Control 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. NOTE: The paragraph above will be added to subsection e of Section 18. f. Erosion Control Plans shall be 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/her attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. NOTE: Paragraph "f' will be added at the end of Section 18. g. A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. NOTE: Paragraph "g" will be added to Section 18. SECTION 19 Section 19 Appeals a. The disapproval or modification of 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 denial, 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 or modification. NOTE: The underlined portion of paragraph "a" will be added to the Ordinance. This change is being added to allow a reasonable appeal prior to holding a public hearing on the denial. d. In the event that the local governing body upholds the disapproval or modification of a proposed erosion control plan following the public hearing, the person submitting the erosion control plan shall be entitled to appeal the local governments action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c) of the General Statutes and Title 15 NCAC 43 .0018(b) . NOTE: The paragraph above will be substituted for paragraph "d" in the Ordinance. It has been revised to refer appeals to the Sedimentation Control Commission instead of the Department of Natural Resources and Community Development.