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If the same person conducts the land-disturbing activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land-disturbing activity, unless the borrow or waste activity is regulated under the Mining Act of 1971, G.S. Ch. 74, Art. 7, or is a landfill regulated by the Division of Waste Management. If the land-disturbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered by the approving authority as separate land-disturbing activities.
(Ord. No. 21-11-01-001, 11-1-21; Ord. No. 21-12-15-001, 12-15-21)
Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize changes in the stream flow characteristics.
(Ord. No. 21-11-01-001, 11-1-21; Ord. No. 21-12-15-001, 12-15-21)
During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this chapter, the Act, or any order adopted pursuant to this chapter or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or easement accepted for maintenance by a governmental agency.
(Ord. No. 21-11-01-001, 11-1-21; Ord. No. 21-12-15-001, 12-15-21)
Whenever the Town determines that accelerated erosion and sedimentation continues despite the installation of protective practices, they shall direct the person conducting the land-disturbing activity to take additional protective action necessary to achieve compliance with the conditions specified in the Act or its rules.
(Ord. No. 21-11-01-001, 11-1-21; Ord. No. 21-12-15-001, 12-15-21)
(a) Except as provided in division (b) of this section, the appeal of a disapproval or approval with modifications of a plan shall governed by the following provisions:
(1) The disapproval or modification of any proposed plan by the Town shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications.
(2) A hearing held pursuant to this section shall be conducted by the Development Review Committee within 30 days after the date of the appeal or request for a hearing.
(3) The Development Review Committee shall make recommendations to the governing body of the Town within 30 days after the date of the hearing on any plan.
(4) The governing body of the Town will render its final decision on any plan within 30 days of receipt of the recommendations from the agency conducting the hearing.
(5) If the Town upholds the disapproval or modification of a proposed plan following the hearing, the person submitting the plan shall then be entitled to appeal the Town's decision to the Commission as provided in G.S. 113A-61(c) and 15A NCAC 4B.0118(d).
(b) In the event that a plan is disapproved pursuant to Section 96.06(j) of this chapter, the applicant may appeal the Town's disapproval of the plan directly to the Commission.
(Ord. No. 21-11-01-001, 11-1-21; Ord. No. 21-12-15-001, 12-15-21; Ord. No. 22-03-16-002, 3-16-22)
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