5.4.22 Planning Board Packet - Laserfiche WebLink

Browse Search

Article 9: Enforcement 133 Section 9.8: Soil Erosion and Sedimentation Contro1323F (1) No Personperson shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Orange County, while that Personpersen is inspecting or attempting to inspect a land disturbing acti„it„Land-Disturbing Activity under this section. (2) The Erosion Control Officer shall have the power to conduct such investigations as deemed reasonably necessary to carry out the duties as prescribed in this Ordinance, and who presents appropriate credentialsand325 for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities. (3) No Personpersse shall refuse entry or access to any authorized representative or agent of the County who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any Personpers_ r obstruct, hamper or interfere with any such representative while in the process of carrying out their official duties. (C) Notice of Violation (1) If it is determined that a perseR-Person engaged in ' Land- Disturbing Activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, a notice of violation shall be served upon that personPerson. (2) The notice may be served by any means authorized under N.C.G.S. 1A-1, Rrule 4. (3) The notice shall specify a date by which the person Person must comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform the person-Person of the actions that need to be taken to comply with the Act, this Ordinance, or rules or orders adopted pursuant to this Ordinance. (4) No time period for compliance need be given for failure to submit an Erno'enerecinn and sedimentation Control DlonErosion and Sedimentation Control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties. (5) Any person Person who fails to comply within the time specified is subject to the civil and criminal penalties provided in this Ordinance. (6) In the a sePViGe net he o nliohed by registered OF ertified moil it may he o relished in vided in rule (4)j of the No !'`arelino Rules of Gi„il ore,.edure.1f the Person engaged in the Land-Disturbing Activity has not received a previous notice of violation pursuant to this Ordinance, the Erosion Control Officer shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program on behalf of Orange County, referral to a cooperative extension program, or by the provision of written materials such as Orange County guidance documents. The notice of violation may be served in the manner prescribed for service of process by N.C.G.S. 1A-1, Rule 4, and shall include information on how to obtain assistance in developing corrective measures.325 (D) Authority to Require Statements (1) The Erosion Control Officer shall have the authority to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activities. (E) Authority to Revoke Land Disturbing Permits 311 This section has been revised to comply with the state's current E&SC Model Ordinance. Sze This section has been revised to comply with the state's current E&SC Model Ordinance. Orange County, North Carolina—Unified Development Ordinance Page 9-9