§ 152.01 FENCING FOR BORROW PITS.
   (A)   Security fencing. Security fencing shall be installed around the perimeter of any borrow pit located in the jurisdiction of unincorporated Dare County. Such fencing shall be a minimum height of 4 feet but shall not exceed a maximum fencing height established for the applicable zoning district. Fencing shall be properly maintained to abate accidental access to the borrow pit area. Failure to properly install and maintain fencing shall be deemed a violation of this chapter and subject to all legal remedies available to Dare County. This fencing requirement shall apply to any borrow pit that is created as a result of mining activities authorized by the North Carolina Department of Land Resources. This requirement shall not apply to any borrow pits that existed prior to January 5, 2009, to natural ponds or waterways, or to any retention basin created in conjunction with a North Carolina Division of Water Quality stormwater permit.
   (B)   Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
      BORROW PIT. An open area created by the mining of sand or other materials.
(Ord. passed 1-5-2009; Am. Ord. passed 6-1-2021)