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Planning Board - 080421 ORC Agenda Packet
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Planning Board - 080421 ORC Agenda Packet
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8/4/2021
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Article 9: Enforcement 111 <br /> Section 9.9: Stormwater Management <br /> Any person who knowingly or willingly violates any stormwater management provision of <br /> this Ordinance or rule or order adopted or issued pursuant to these regulations, or who <br /> knowingly or willfully initiates or continues a development t!V't land-disturbing actiyity273 <br /> for which a c+„rnw.vater Management Planan SMP is required except in accordance with <br /> the terms, conditions, and provisions of an approved plan shall be guilty of a <br /> misdemeanor punishable by imprisonment not to exceed 90 days or by a fine not to <br /> exceed $5,000, or by both, at the discretion of the court. <br /> 9.9.3 Injunctive Relief <br /> (A) Civil Action in Superior Court <br /> (1) Whenever the Board of County Commissioners has reasonable cause to believe <br /> that any person is violating or threatening to violate the stormwater management <br /> provisions of this Ordinance or any rule or order adopted or issued pursuant to <br /> these regulations, or any term, condition, or provision of an approved Stermwate <br /> Maga ernen+ PlanSMP, it may, either before or after the institution of any other <br /> action or proceeding authorized by this Ordinance, institute a civil action in the <br /> name of the county for injunctive relief to restrain the violation or threatened <br /> violation. <br /> (2) The action shall be brought in the Superior Court of Orange County. <br /> (B) Order to Cease Violation <br /> (1) Upon determination by a court that an alleged violation is occurring or is <br /> threatened, the court shall enter any order or judgment that is necessary to abate <br /> the violation, to ensure that restoration is performed, or to prevent the threatened <br /> violation. <br /> (2) The institution of an action for injunctive relief under this section shall not relieve <br /> any party to the proceedings from any civil or criminal penalty prescribed for <br /> violations of the stormwater management provisions of this Ordinance. <br /> M 274 <br /> 273 Correct reference to"land-disturbing activity'. <br /> 24 Text correction—deleted floating"(3)". <br /> Orange County, North Carolina—Unified Development Ordinance Page 9-16 <br />
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