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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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5-a
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Agenda for October 3, 2022 BOCC Meeting
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\Board of County Commissioners\BOCC Agendas\2020's\2022\Agenda - 10-03-2022 Business Meeting
Minutes 10-03-2022 Business Meeting
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\Board of County Commissioners\Minutes - Approved\2020's\2022
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29 <br /> 2.19.14 Preconstruction Conference <br /> When deemed necessary by the Erosion Control Officer a preconstruction conference may be <br /> required and sha1160 be noted in the <br /> Ip ans 70 <br /> 2.19.15 Transfer of Plan S71 <br /> (A) The Erosion Control Officer may transfer an Erosion and Sedimentation Control Plan <br /> approved pursuant to this Ordinance without the consent of the plan holder to a <br /> successor-owner of the property on which the permitted activity is occurring or will occur <br /> as provided in this subsection. <br /> (1) The Erosion Control Officer may transfer an Erosion and Sedimentation Control <br /> Plan if all of the following conditions are met: <br /> (a) The successor-owner of the property submits to the Erosion Control <br /> Officer a written request for the transfer of the Erosion and <br /> Sedimentation Control Plan and an authorized statement of financial <br /> responsibility and documentation of property ownership. <br /> (b) The Erosion Control Officer finds all of the following_ <br /> 1. The Erosion and Sedimentation Control Plan holder is one of the <br /> following: a natural person who is deceased; a partnership, limited <br /> liability corporation, corporation, or any other business association <br /> that has been dissolved; a Person who has been lawfully and finally <br /> divested of title to the property on which the permitted activity is <br /> occurring or will occur; or, a Person who has sold the property on <br /> which the permitted activity is occurring or will occur. <br /> 2. The successor-owner holds title to the property on which the <br /> permitted activity is occurring or will occur. <br /> 3. The successor-owner is the sole claimant of the right to engage in <br /> the permitted activity. <br /> 4. There will be no substantial change in the permitted activity. <br /> (2) The Erosion and Sedimentation Control Plan holder shall comms with all terms <br /> and conditions of the Erosion and Sedimentation Control Plan until such time as <br /> the Erosion and Sedimentation Control Plan is transferred. <br /> (3) The successor-owner shall comms with all the terms and conditions of the <br /> Erosion and Sedimentation Control Plan once the Erosion and Sedimentation <br /> Control Plan is transferred. <br /> (4) Notwithstanding changes to law made after the original issuance of the Erosion <br /> and Sedimentation Control Plan, the Erosion Control Officer may not impose new <br /> or different terms and conditions in the Erosion and Sedimentation Control Plan <br /> without the prior express consent of the successor-owner. Nothing in this <br /> subsection shall prevent the Erosion Control Officer from requiring a revised <br /> Erosion and Sedimentation Control Plan pursuant to General Statute 113A- <br /> 54.1.(b). <br /> 69 Edit(s)based on Legal Sufficiency Review comments. <br /> 70 Revised per NCDEQ peer review comment (15A NCAC 046.0120). <br /> 71 NEW SECTION —Section 2.19.15 added so as to comply with the state's current E&SC Model Ordinance. <br /> Orange County, North Carolina— Unified Development Ordinance Page 2-68 <br />
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