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, generally not to exceed a 3:1 slope. In any event, slopes greater than 10% (or 10:1) left exposed must, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with 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. Unless a permit from the Department's Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding 12 inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina.
(D) Ground cover. Whenever land-disturbing activity is undertaken, 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 the 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 15 working days or 90 calendar days following completion of construction or development, whichever period is shorter.
(E) Prior plan approval. No person shall initiate any land-disturbing activity on a tract if more than 30,000 square feet 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. In determining the area, lands under 1 or diverse ownership being developed as a unit will be aggregated. The Town of Southern Pines shall forward to the Director of the Division of Water Quality 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) Tracts less than 30,000 square feet residential and commercial.
(1) When the disturbed surface area on a tract of land is less than 30,000 square feet, the Town requires that the minimum erosion control measures, as outlined in § 154.07(A), be installed at the site, unless otherwise approved.
(2) A Soil Erosion and Sedimentation Control Compliance Form, indicating the minimum control measures to be installed at the site, will have to be completed before a building permit can be issued.
(G) The land disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.
(1989 Code, § 154.05) (Ord. 1185, passed 6-14-2005)