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Planning Board agenda 120419
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Planning Board agenda 120419
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Date
12/4/2019
Meeting Type
Regular Meeting
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Agenda
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Article 2: Procedures <br /> Section 2.19: Soil Erosion and Sedimentation Control Plans <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-67 <br /> <br />(1) The plan required by this section shall contain such architectural and engineering <br />drawings, maps, assumptions, calculations, and narrative statements as are <br />needed to adequately describe the proposed development of the tract and the <br />measures planned to comply with the requirements of this Ordinance. <br />(2) The plan shall comply with all applicable State and local regulations for erosion <br />and sediment control. <br />(3) Plan content may vary to meet the needs of specific site requirements.14 <br />(C) Review of Other Environmental Documents <br />(1) Any plan submitted for a land-disturbing activity for which an environmental <br />document (either an assessment or impact statement) is required by the North <br />Carolina Environmental Policy Act (G.S. 113A-1, et seq.) or the provisions of this <br />Ordinance, 15shall be deemed incomplete until a complete environmental <br />document is available for review. <br />(2) The Erosion Control Officer shall promptly notify the person submitting the plan <br />that the 30-day review period of the plan pursuant to Section 2.19.5 of this <br />Ordinance shall not begin until a complete environmental document is available <br />for review. <br />(3) The approval of the Erosion Control Plan is conditioned on the applicant’s <br />compliance with Federal and State Water Quality laws, regulations, and rules. <br />(D) Financial Responsibility and Ownership <br />(1) Plans may be disapproved unless accompanied by an authorized statement of <br />financial responsibility and ownership. This statement shall be signed by the <br />person financially responsible for the land-disturbing activity or his attorney-in- <br />fact. <br />(2) The statement shall include the mailing and street addresses of the principal <br />place of business of: (1) the person financially responsible, (2) the owner of the <br />land, and (3) any registered agents. <br />(3) If the person financially responsible is not a resident of North Carolina, a North <br />Carolina agent must be designated in the statement for the purpose of receiving <br />notice of compliance or non-compliance with the plan, the North Carolina <br />Sedimentation Pollution Control Act of 1973, this Ordinance or rules or orders <br />adopted or issued pursuant to this Ordinance. <br />(4) If the applicant is not the owner of the land to be disturbed, the draft Erosion <br />Control Plan must include the owner’s written consent for the applicant to submit <br />a draft Erosion Control Plan and to conduct the anticipated land-disturbing <br />activity. <br />2.19.4 Review by the Soil & Water Conservation District 16 <br />(A) The Orange Soil and Water Conservation District shall review the Erosion Control Plan <br />and submit any comments and recommendations to the Erosion Control Officer within 20 <br />days after the Soil and Water Conservation District received the Erosion Control Plan., or <br />within any shorter period of time as may be agreed upon by the District and the Erosion <br />Control Officer. 17 <br />14Staffbelievesthislanguageneedstobeeliminated.WehavespecificstandardscontainedinSection6.15that <br />havetobeadheredto.Staffdoesnothavetheadministrativeauthorityto‘waive’therequirementsoftheUDO. <br />15TheUDOcontainsrequirementsforthecompletionofenvironmentalassessmentsandimpactstatementsas <br />well(seeSection6.16).Thisneedstobereferencedwithinthissectionaswell. <br />16Thisiswherestaffisconsideringmovingexisting,highlighted,languagefromSection2.19.2. <br />17Superfluouslanguagebeingeliminated. <br /> 25
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