§ 154.05 MANDATORY STANDARDS FOR LAND-DISTURBING ACTIVITY.
   No land-disturbing activity subject to the control of this chapter shall be undertaken except in accordance with the following mandatory standards:
   (A)   Buffer zone. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25% of the buffer zone nearest the land-disturbing activity.
      (1)   Projects on, over or under water. This subdivision shall not apply to land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural water course.
      (2)   Buffer measurement. Unless otherwise provided, the width of a buffer zone is measured horizontally from the edge of the water to the nearest edge of the disturbed area, with the 25% of the strip nearer the land-disturbing activity containing natural or artificial means of confining visible siltation.
   (B)   Graded slopes and fills. The angle for graded slopes and fills shall be no greater than the angle which can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints.
   (C)   Fill material. Materials being used as fill shall be consistent with those described in 15A NCAC 13B.0562 unless the site is permitted by the Department’s Division of Waste Management to operate as a landfill. Not all materials described in 15A NCAC 13B.0562 may be suitable to meet geotechnical considerations of the fill activity and should be evaluated accordingly.
   (D)   Ground cover. Whenever land-disturbing activity is undertaken on a tract, the person conducting the land-disturbing activity shall install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in § 154.05(B) above and § 154.09(B)(5), provisions for a ground cover sufficient to restrain erosion must be accomplished within 90 calendar days following completion of construction or development.
   (E)   Prior plan approval.
      (1)   No person shall initiate any land-disturbing activity on a tract if more than one acre is to be uncovered unless, 30 or more days prior to initiating the activity, a plan for the activity is filed with and approved by the Town.
      (2)   The Town shall forward to the Director of the Division of Water Resources a copy of each plan for land disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table of the tract.
   (F)   Minimum requirements for tracts less than 1 acre. For residential and commercial construction projects on sites or tracts that disturb less than 1 acre in surface area, the Town requires that the minimum erosion control measures, as outlined in this section unless otherwise approved.
      (1)   The minimum required erosion control practices and measures to be placed on an individual residential or commercial construction site that is less than 1 acre in surface area are:
         (a)   Shall follow the mandatory standards § 154.05 divisions (A) through (D);
         (b)   Silt fencing shall be installed on all lower elevation perimeters;
         (c)   A construction entrance shall be installed; and
         (d)   Seeding and/or ground stabilization.
      (2)   The site must comply with this chapter by installing and maintaining all required controls measures. The only land disturbing activity to take place before the erosion control measures are completed is the removal of trees necessary to install the erosion control measures.
      (3)   If it is determined that a significant risk of accelerated erosion or off-site sedimentation may occur as a result of the land-disturbing activity, the Town may require the preparation and approval of a plan and that a grading permit be secured for land-disturbing activity of areas less than 1 acre.
      (4)   Inspection procedure. The Building Inspector shall notify the Erosion Control Inspector of the scheduled footing inspection at the site. If the erosion control measures are not installed by the scheduled footing inspection, the deadline for placement of these minimum erosion control measures shall be the date at which the Building Inspector returns for the foundation inspection. If, at the time of the foundation inspection or any subsequent inspection, the Erosion Control Inspector observes any erosion control problems on the site including failure to install erosion control measures, a written notice of violation will be issued in accordance with § 154.17(C). The foundation inspection or any subsequent inspection approval will not be rendered until all control measures are in place and functioning.
      (5)   Final inspections. When all construction on the project is complete, the Erosion Control Inspector will evaluate the site and all permanent erosion control features and off-site impacts to other properties. If found to be in compliance, the Building Inspector will be advised, giving approval for the certificate of occupancy.
(1989 Code, § 154.05) (Ord. 1185, passed 6-14-2005; Am. Ord. 3032, passed 3-12- 2024)