No person shall undertake any land-disturbing activity subject to this chapter without first obtaining a certificate of approved plan from Kings Mountain, through its Kings Mountain Stormwater Division, except that no certificate of approved plan shall be required for any land-disturbing activity:
(A) For the duration of an emergency, for activities essential to protect human life and/or property; or
(B) For construction of a single-family residence on a single lot that does not exceed one acre. Despite not being required to obtain a certificate of approved plan, parties engaged in land-disturbing activities of less than one-acre are subject to all portions of this chapter. If the erosion and sediment control measures for the development site are designed for all lot disturbances and being Kings Mountain, North Carolina, Soil Erosion and Sedimentation Control Ordinance maintained, individual lots within the development site may be excluded.
(C) If a party has been determined to have been in recurring violation of this chapter within the past two years on the same property or if a land disturbing activity requiring a plan is begun without a certificate of approved plan, the certificate of approved plan fee may be doubled for that party.
(D) No certificate of approved plan will be issued to any party having an outstanding recurring violation on the same property subject to this chapter.
(E) This decision may be appealed to the Environmental Review Board.
(Ord. 13-34, passed 11-26-2013)