Agenda - 05-21-1991 - Laserfiche WebLink

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Local Govermwt: means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of this 7 Antiele the Act. C011 1T1'ARY.• This change corrects the reference to the Act, the N. G Sedimentation Pollution Control Act of 1973. Section 4 Jurisdiction Ssepe and Effect COMMENTARY.• The title of this section is ganged for the addition of the jurisdiction (see below) and 'Scope Nis deleted in this section and added to Section 4 below. Jurisdiction This ordinance shall jRRIX within Oran a County, iwqluding the munici 'ties of Carrboro Hillsborou h and the g9rtion of Mebane within Orange -Counly, but excluding the in ci al boundaries and glmnkg extraterritorial limits of Chapel Hill. COA&W.N!ARY.- This change is proposed by the staff This statement is added to clearly specify 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 foresdand for the production and harvesting of timber and timber products and which are co ducted in accordance th Forest Practice Guidelines Related to Water uali t management ractices as ado ted by the meat. If land-disturbin g activi undertaken on forestland for the iRroduction and harvestin of timber and timber roducts is not conducted in accordance with Forest Engctt cff Guidelines Related to Water Quality. the provisions of this ordinance shall apply to such activity and any related land isturbing activity on the tract; and- COMMENTARD 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 cornplumce with the standards does not occur. d. State Jurisdiction Those land- disturbing activities over which the State by statute (G.S.113A- SUa)); has exclusive regulatory jurisdiction, which are activities: (1) Conducted by the State, (2) Conducted by the United States, 2 5 -9 -91