Agenda - 02-04-1991 - Laserfiche WebLink

Browse Search

z incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this Aw icle the Act. COMMENTARY.• This change corrects the reference to the Act, the N. C Sedimentation Pollution Control Act of 1973. Section 4 Jurisdiction Sseffe and Effect COMII+IR'NMY.- The title of this section is changed for the .addition of the jurisdiction (see below) and "Scope "is deleted in this section and added to Section 4 below. Jurisdiction This ordinance shall a 1 within Oran a Count including the munici alities of Carrboro Hillsborou h and the Rgrtion of Mebane within Oran a County. but excluding the munici al boundaries and 121anning extraterritorial limits of QLaMl Hill. COMMENTARY.• This change is proposed by the staff. This statement is added to clearly specyy where the County's and Chapel Hill's ordinances apply so there is no confusion over jurisdiction. Chapel Hill's ordinance will state "within the Town of Chapel Hill and its extraterritorial jurisdiction. " Effect It shall be unlawful, within the jurisdiction of this Ordinance, to engage in land- disturbing activity, except as provided herein, without first obtaining a permit as required by this Ordinance and without complying with the conditions of the issuance of said permit. Conflicts and duplications among portions of this Ordinance shall be resolved in favor of the more stringent regulation. Whenever conflicts exist between federal, state or local laws, ordinances, or rules, the more restrictive provision shall apply. Section 5 Scope and Exclusions (County -wide) b. Forestland Those undertaken on forestland for the production and harvesting of timber and timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water QualLtX t mans ement Rracti2W as ad Wed hl the D artment. f -disturbing activi unde en on forestland for a production aad hawse ' of ti her and timim Rmducts is not conducted in accordance with Forest ctice Guidelines Related to Water 09991Y. the„ provisions of this ordinance shall apply to such activity and any related Isgd:listurbjneQ_ activity on the t;ac.,t: and COMMENTARY.• This amendment allows exceptions to the forestry exclusion where the landowner fails to implement best management practices to prevent erosion and off-site sedimentation, protect streams, and stabilize disturbed areas. Enforcement action can be taken against these sues when voluntary compliance with the standards does not occur. d. State Jurisdiction Those land-disturbing activities over which the State by statute G -S. 113A -56 a ;has exclusive regulatory jurisdiction, which are activities: (1) Conducted by the State, (2) Conducted by the United States, (3) Conducted by persons having the power of eminent domain, 2 1 -15 -91