(A) A pre-submittal conference with Stormwater staff can be requested by the person(s) conducting land-disturbing activity or an agent of that party to take place at least ten days prior to submittal of the plan for land-disturbing activities.
(B) At the pre-submittal conference, Stormwater staff shall inform the applicant of the processes involved with plan review and approval, issuance of a plan certificate and letter of approval, and the relationship of said plan and letter of approval with zoning, building code, and other land-use regulations in effect in Kings Mountain. At the time of application submission, Stormwater staff also shall notify the applicant of the appeal process as provided in the chapter.
(C) Persons conducting land-disturbing activity on a tract which covers one or more acres shall file two copies of the erosion and sedimentation control plan with the Stormwater Division at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. After approving the plan, if the Stormwater Division either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Stormwater Division will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority.
(D) Erosion and sedimentation control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. The person financially responsible for the land-disturbing activity or his or her attorney shall sign this statement in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the Act, this chapter, or rules or orders adopted or issued pursuant to this chapter. If the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control plan must include the owner's consent for the applicant to submit a draft erosion and sedimentation control plan and conduct the anticipated land disturbing activity.
(E) The Stormwater Division shall review the plan and submit any comments and recommendations to Codes Department staff within 20 days after the Stormwater Division received the erosion and sedimentation control plan, recommendations within 20 days or within any agreed upon shorter period of time shall not delay final action on the plan.
(F) The Stormwater staff will review each complete plan submitted to them and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The Stormwater Division must approve with modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed to be approved. The Stormwater Division shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control. If, following commencement of a land disturbing activity pursuant to an approved plan, the Stormwater staff determines that the plan is inadequate to meet the requirements of this chapter, the Stormwater staff may require any revision of the plan that is necessary to comply with this chapter. Failure to approve, approve with modifications, or disapprove a revised erosion and sedimentation control plan within 15 days of receipt shall be deemed approval. The approved erosion and sedimentation control plan shall expire one year following the date of approval, if no land disturbing activity has been undertaken.
(G) Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environment Policy Act (G.S. § 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Stormwater Division shall promptly notify the person submitting the plan that the 30-day time limit for review of the plan pursuant to § 151.27(F) of this chapter shall not begin until a complete environmental document is available to review. The person submitting a plan to the Stormwater Division, prior to submission of the plan, is solely and exclusively responsible for determining whether the proposed land disturbing activities require any form of state or federal environmental certification or documentation. The Stormwater Division shall condition approval of an erosion and sedimentation control plan upon the applicant's compliance with federal and state water quality laws, regulations and rules; and shall disapprove an erosion and sedimentation control plan if implementation of the Kings Mountain, North Carolina Soil Erosion and Sedimentation Control Ordinance plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters.
(H) Any plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this chapter. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation may be obtained from the Stormwater Division on request.
(I) The Stormwater Division may disapprove an erosion and sedimentation control plan upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant:
(1) Is conducting land-disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the Commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due and is not currently being appealed;
(3) Has been convicted of a misdemeanor pursuant to G.S. § 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act;
(4) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this section (an applicant's record may be considered for only the two years prior to the application date); or
(5) Is in violation of federal, state, or local laws, rules, regulations or ordinances pertaining to a different phase of the same tract and/or development
(J) Applications for amendment of an erosion and sedimentation control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as the amendment is approved by the Stormwater Division, the land-disturbing activity shall not proceed except in accordance with the erosion and sedimentation control plan as originally approved.
(K) Any person engaged in land-disturbing activity who fails to file a plan in accordance with this chapter, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan, shall be deemed in violation of this chapter.
(L) Any person engaged in land-disturbing activity that is required by this chapter to file an erosion and sedimentation control plan shall pay a plan review fee to the Stormwater Division in an amount to be determined by the City Council.
(Ord. 13-34, passed 11-26-2013)