(A) Plan submission. A plan shall be prepared for all land disturbing activities subject to this chapter whenever the proposed activity is to be undertaken on a tract comprising more than 30,000 square feet, and if more than 30,000 square feet is to be uncovered. Three copies of the plan shall be filed with the Town at least 30 days prior to commencement of the proposed activity.
(B) Financial responsibility and ownership. Plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land disturbing activity or his or her attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of (1) the person financially responsible, (2) the owner of the land, and (3) any 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 erosion and sedimentation control plan must include the owner’s written consent for the application to submit an erosion and sedimentation control plan and to conduct the anticipated land disturbing activity.
(C) Plan review processing fee. A non-refundable plan review processing fee, based on the number of acres or any part thereof, of land to be disturbed, including off-site borrow and waste areas, and set in accordance with the Town's fee schedule, is required to be paid at the same time as a soil erosion and sedimentation control plan is initially submitted for review and approval. Each plan shall be deemed incomplete until the plan review processing fee is paid.
(D) Environmental policy act document. Any plan submitted for a land disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. §§ 113A-1 et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Town shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan pursuant to this chapter shall not begin until a complete environmental document is available for review.
(E) Content. The plan required by this section shall contain, but is not limited to, 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 Town, on request.
(F) Timeline for decisions on plans.
(1) The Town will review each complete Plan submitted to the Town 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 Plan within 30 days of receipt shall be deemed approval.
(2) The Town will review each revised plan submitted to the Town and within 15 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 revised plan within 15 days of receipt shall be deemed approval.
(G) Approval. The Town shall only approve a plan upon determining that it complies with all applicable state and local regulations for erosion and sedimentation control. Approval assumes the applicant's compliance with the federal and state water quality laws, regulations and rules. The Town shall condition approval of plans upon the applicant's compliance with the federal and state water quality laws, regulations and rules.
(H) Disapproval for content. The Town may disapprove a plan or draft plan based on its content. A disapproval based upon a plan's content must specifically state in writing the reasons for disapproval.
(I) Other disapprovals.
(1) The Town may disapprove a plan or draft plans if implementation of the plan would result in a violation of the rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. The Town may disapprove a plan upon a finding that an applicant, or a parent, subsidiary or other affiliate of the applicant:
(a) Is conducting or has conducted 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;
(b) 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;
(c) 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; or
(d) Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act.
(2) For purposes of this division (I), an applicant's record may be considered for only the 2 years prior to the application date.
(3) In the event that a plan is disapproved pursuant to this division (I), the Town shall notify the Director of the disapproval within 10 days. The Town shall advise the applicant and the Director in writing as to the specific reasons that the plan was disapproved.
(J) Notice of activity initiation. No person may initiate a land-disturbing activity before notifying the Town of the date that land-disturbing activity will begin.
(K) Pre-construction conference. A pre-construction conference shall be held prior to commencement of work. No permit shall be issued until the Town is assured that the proposed land disturbing activity will be carried out in accordance with the approved plan.
(L) Display of grading permit. A grading permit issued under this chapter shall be prominently displayed at the primary entrance to the site of the land disturbing activity before construction begins and remain until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. A copy of the approved plan and approval letter shall be kept on file at the job site.
(M) Required revisions. After approving a plan, if the Town, either upon review of the plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Town shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Town. If following commencement of a land disturbing activity pursuant to an approved plan, the Town determines that the plan is inadequate to meet the requirements of this chapter, the Town may require any revision of the plan that is necessary to comply with this chapter. No fee shall be charged for review of a revised plan unless the revised plan contains an increase in the number of acres to be disturbed.
(N) Amendments to a plan. Applications for amendment of a plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until the time as the amendment is approved by the Town, the land-disturbing activity shall not proceed except in accordance with the plan as originally approved. No fee shall be charged for an amendment to a plan unless the amended plan contains an increase in the number of acres to be disturbed.
(O) Failure to file a plan. 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.
(P) Expiration and renewal of grading permit. A grading permit shall be valid for a period of 2 calendar years after issuance, unless it is revoked by the Town or the grading project is completed and a letter of completion is issued by the Town within the 2 year period. The grading permit may be renewed for an additional 2 year period, if adequately justified, by making written request to the Town. No permit fee will be charged for re-issuance of a grading permit, unless the permit has been revoked.
(Q) The landowner, the financially responsible party, or agents thereof, shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with § 154.05(B) and § 154.05(D). The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct deviation, and document the completion of those measurements. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan.
(1989 Code, § 154.06) (Ord. 1185, passed 6-14-2005)