Planning Board agenda 120419 - Laserfiche WebLink

Browse Search

Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-69 2.19.9 Timeframe for Response to Review Comments (A) If the person or firm submitting an Erosion Control Plan fails to respond to comments or correspondence from the Erosion Control Officer with either revised plans or written correspondence within 90 days, the Erosion Control Officer shall assume that the application for plan approval has been abandonedshall be deemed abandoned.. (B) The Erosion Control Officer shall give written warning via certified mail thirty days before expiration in writing to the person or firm submitting the plan before terminating the review. (C) In accordance with Section 2.2, Erosion Control Plan review fees are not refundable. 2.19.10 Erosion Control Plan Expiration (A) An approved Erosion Control Plan shall expire and become void after 18 months from the date of approval unless land disturbing activities have commenced . (1) Land disturbing activities are considered to have commenced when a land disturbance permit has been issued and, the pre-construction conference has been held,. (B) Once a land disturbing activities have commenced, an approved Erosion Control Plan shall be valid for 5 years from its approval. 2.19.102.19.11 Erosion Control Plan Amendments (A) Application for amendment of an Erosion Control Plan in written and/or graphic form may be made at any time under the same conditions as the original application. (B) Until such time as said amendment is approved by the Erosion Control Officer, the land- disturbing activities shall not proceed except in accordance with the Erosion Control Plan as originally approved. (C) The provisions of subsection 2.19.7 (B) and (C) shall also apply to amended Erosion Control Plans. 2.19.112.19.12 Consideration of Applicant’s Past Performance (A) The Erosion Control Officer may disapprove an Erosion Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted land-disturbing activity without an approved Erosion Control Plan, or has received notice of violation of an Erosion Control Plan previously approved by the North Carolina Sedimentation Control Commission or a local government pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 or a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973. 27