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Agenda - 10-03-2022; 5-a - Unified Development Ordinance (UDO) Text Amendments – Erosion & Sedimentation Control (E&SC) and Stormwater Management
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Agenda - 10-03-2022; 5-a - Unified Development Ordinance (UDO) Text Amendments – Erosion & Sedimentation Control (E&SC) and Stormwater Management
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10/3/2022
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Agenda
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5-a
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Agenda for October 3, 2022 BOCC Meeting
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Article 9: Enforcen'" <br /> Section 9.8: Soil Erosion and Sedimentation Control359F <br /> (1) No Personperson shall willfully resist, delay, or obstruct an authorized <br /> representative, employee, or agent of Orange County, while that Personperson is <br /> inspecting or attempting to inspect a Land-Disturbing <br /> Activity under this section. <br /> (2) The Erosion Control Officer shall have the power to conduct such investigations <br /> as deemed reasonably necessary to carry out the duties as prescribed in this <br /> Ordinance, and who presents appropriate credentialsapd361 for this purpose to <br /> enter at reasonable times upon any property, public or private, for the purpose of <br /> investigating and inspecting the sites of any land-disturbing activities. <br /> (3) No Personpersop shall refuse entry or access to any authorized representative or <br /> agent of the County who requests entry for purposes of inspection, and who <br /> presents appropriate credentials, nor shall any Personperson obstruct, hamper or <br /> interfere with any such representative while in the process of carrying out their <br /> official duties. <br /> (C) Notice of Violation <br /> (1) If it is determined that a person-Person engaged in Land- <br /> Disturbing Activity has failed to comply with the Act, this Ordinance, or rules, or <br /> orders adopted or issued pursuant to this Ordinance, a notice of violation shall be <br /> served upon that persspPerson. <br /> (2) The notice of violation may be served by any means authorized under N.C.G.S. <br /> 1A-1, Rrule 4-and shall include information on how to obtain assistance in <br /> developing corrective measures.362 <br /> (3) The notice of violation shall specify a date by which the person-Person must <br /> comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this <br /> Ordinance, and inform the person-Person of the actions that need to be taken to <br /> comply with the Act, this Ordinance, or rules or orders adopted pursuant to this <br /> Ordinance. <br /> (4) No time period for compliance need be given for failure to submit an <br /> Erosion and Sedimentation <br /> Control Plan for approval or for obstructing, hampering or interfering with an <br /> authorized representative while in the process of carrying out their official duties. <br /> (5) Any persoA-Person who fails to comply within the time specified is subject to the <br /> civil and criminal penalties provided in this Ordinance. <br /> (6) In the evapt s_Q_P.4c;A_ r_,;4ppot be by registered or Certified mail, it <br /> If the Person engaged in the Land-Disturbing Activity <br /> has not received a previous notice of violation pursuant to this Ordinance, the <br /> Erosion Control Officer shall offer assistance in developing corrective measures. <br /> Assistance may be provided by referral to a technical assistance program on <br /> behalf of Orange County, referral to a cooperative extension program, or by the <br /> provision of written materials such as Orange County guidance documents. The <br /> knnlafinn moi ho son19d in the Mormon nrosrrihorJ for Room-_ of nrnrass <br /> by NI C Q 2 14-1 R-Ig 4 onrl shall nn hnAni fn nhtAin <br /> 363_164 <br /> (D) Authority to Require Statements <br /> "'This section has been revised to comply with the state's current E&SC Model Ordinance. <br /> 362 Edit(s)based on Legal Sufficiency Review comments. <br /> 364 Edit(s)based on Legal Sufficiency Review comments. <br /> Orange County, North Carolina- Unified Development Ordinance Page 9-9 <br />
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