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Article 2: Procedures <br /> Section 2.18: Land Disturbing Permits <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-64 <br /> <br />2.17.5 Approval Criteria <br />(A) No application for a plat vacation shall be approved unless it complies with all applicable <br />requirements of this Ordinance. <br />(B) The approving entity shall not approve an application for a plat vacation if it will materially <br />injure the rights of any non-consenting property owner or any public rights related to <br />public improvements unless expressly agreed to by the agency with jurisdiction over such <br />improvements. <br />2.17.6 Recording <br />(A) After the new plat is approved, the plat must be recorded, within 60 days, with the <br />Register of Deeds Office. <br />(B) Upon the execution and recording of the new plat, the vacated plat has no effect. <br />(C) The re-subdivision of the land covered by a plat that is vacated shall be platted in the <br />same manner as is prescribed by this Article for an original plat. <br />SECTION 2.18: LAND DISTURBING PERMITS <br />2.18.1 Generally <br />(A) In accordance with the provisions of Section 6.15 of this Ordinance, a land disturbing <br />permit shall be obtained from the Erosion Control Officer prior to the commencement of <br />regulated land disturbing activity. Before starting a land-disturbing activity greater than <br />20,000 square feet, or greater than 10,000 square feet if within the University Lake, Cane <br />Creek, or Upper Eno Watersheds, the owner or his/her duly appointed agent shall obtain <br />a Land Disturbing Permit from the Erosion Control Officer1. <br />(B) Land Disturbing Permits must be obtained prior to the start of the land disturbance. 2 <br />(B) In accordance with Section 2.19 of this Ordinance, an Erosion Control Plan shall be <br />approved prior to the issuance of a land disturbing permit. A permit shall not be issued <br />unless and until an erosion control plan has been submitted approved by the Erosion <br />Control Officer in accordance with this Ordinance. 3 <br />(C) Every permit issued by the Erosion Control Officer shall expressly prohibit open burning <br />of trees, limbs, stumps and construction debris associated with the permitted activity. 4 <br />(D) If a developer, corporation, private landowner or other person proposes to perform <br />construction/filling activities in or near a lake, stream, creek, tributary or any unnamed <br />body of water and its adjacent wetlands, Federal permit authorization may be required by <br />the U.S. Army Corps of Engineers prior to commencement of earth disturbing activities. <br />(1) Filling activities include, but are not limited to, construction of road crossings, <br />sewer or utility line installations, grading, placement of spoil from ditching or other <br />excavations, or placement of fill for commercial or residential development. <br />(2) A wetlands determination and specific permit requirements may be obtained from <br />the Raleigh Field Office of the U.S. Army Corps of Engineers.5 <br />1ThedisturbancethresholdsaredetailedinSection(s)6.15.5and6.15.6respectively.Thereisnoreasontorepeat <br />themthroughouttheUDO.Bydoingso,everytimeyouamendsaiddisturbancethresholdsyouarehavingto <br />amendmultiplesectionsofthedocument. <br />2ThislanguageisnowcontainedinSection2.18.1(A)anddoesnotneedtoberepeated. <br />3MovedfromSection2.18.2(B)withadditionalreferencestotheappropriatesectionoftheUDO. <br />4Staffisstillreviewingtheneedforthisstatement.Ifadisturbancepermitisrequiredtohaveanapproved <br />erosioncontrolplan,andallsuchplanshastodemonstratecompliancewithSection6.15,thisprovisionisalready <br />coveredmultipletimesanddoesnotneedtoberepeated. <br />5StaffisattemptingtoascertainifthisprovisionneedstobeinSection2.19ratherthanwherecurrentlylocated. <br />Formatte <br />4Attachment 1