Agenda - 02-25-1991 - Laserfiche WebLink

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incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this s Article the Act. 1 .�. J COMMENTARY.- This change corrects the reference to the Act, the N. C. Sedimentation Pollution Control Act of 1973. Section 4 Jurisdiction Ssepe and Effect COMMENTARY.- 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 ly within Orange County, including the municipgities o Carrbo Mills—borough—, and the R2rti2n of Mebane within Oran a County—but excluding the munici al boundaries and planning extraterritorial limits of Chapel Hill CObATSNTARY This change is proposed by the staff. T his statement is added to clearly spec yy 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 9gidelines Related to Water Q—uaILq t management ractices as ift ted by the a t- If land-disturber activi undertaken on forestland for the reduction and harvesting of timber and ber roducts is not conducted in accordance with Forest active Guidelines elated to Water ualitv. the vis' ns of this ordinance shall-oply to such Astivily and an related 1 -disturbing activi on the tract: and COMMEAIrMY.• 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 sites when voluntary compliance with the standards does not occur. d. State Jurisdiction Those land-disturbing activities over which the State by statute (-G—S. 113_A-56M 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