(a) No person shall commence any land disturbing activity that will result in the disturbance of one-half (½) acre (twenty-one thousand, seven hundred eighty (21,780) square feet) or more of land without first obtaining a Grading Permit from the Town. To obtain a Grading Permit, an application shall be submitted to the Stormwater Administrator with required information concerning the proposed land disturbing activity. Such information shall include the purpose of the land disturbance, the identification of the property to be graded and its owner, the identification of the person who will perform the grading and be responsible for restoring a stable ground surface, and a sketch plan of the proposed grading and storm water controls. The sketch plan shall show the planned area to be graded, the current and planned directions of stormwater runoff flow, and the planned measures to control on-site soil erosion and off-site sedimentation. The Stormwater Administrator shall not issue a Grading Permit if the application is incomplete or if the application is for an activity that would likely cause stormwater pollution, a nuisance condition, or some other hazard to public health, safety, or welfare. The Stormwater Administrator may issue the Grading Permit subject to such conditions as the Stormwater Administrator determines are necessary in order to prevent or minimize stormwater pollution or nuisance conditions associated with land disturbing activities.
(b) If the proposed activity will disturb one (1) acre or more of land, the activity will be subject to the State of North Carolina Sedimentation Pollution Control Act of 1973 and require the filing of a plan with the State Department of Environment and Natural Resources. A plan approved by the State shall be deemed an approved sketch plan for purposes of this article.
(c) If the proposed activity will disturb one (1) acre or more of land, the activity may also be subject to the Town of Valdese Phase II Stormwater Ordinance and require the filing of a plan pursuant to that ordinance. Land disturbance that is part of a larger common plan of development or sale may be subject to the Phase II Stormwater Ordinance even if the initial grading activity will disturb less than one (1) acre of land. A stormwater permit issued under the Phase II Stormwater Ordinance shall be deemed an approved permit under this article.
(d) If the proposed activity is subject to the Sedimentation Pollution Control Act of 1973 or the Phase II Stormwater Ordinance, the Town shall not issue a Grading Permit until all authorizations required under those laws have been obtained. (Ord. 9/3/13)