(A) (1) A property shall not be graded, cleared or otherwise changed until:
(a) A preliminary subdivision plat has been approved;
(b) An evaluation has been made of the existing vegetation, slopes and soils; and
(c) A sedimentation and erosion control plan has been approved by the Department of Health and Natural Resources, Land Quality Section, if it is required, or by Vance County at the time as a local ordinance is adopted, in accordance with the North Carolina Sedimentation Pollution Control Act of 1973.
(2) Cutting or clearing required for the purposes of soils evaluation may be permitted where necessary. Cutting, clearing and grading for agricultural purposes is exempt from this chapter.
(B) Except for surplus top soils from roads, parking areas and building excavation, resident top soil shall be used within the project.
(C) Grading shall be limited and natural vegetation preserved where reasonably possible.
(D) Disruption of the natural sheet flow of storm water shall be minimized to the greatest extent practicable.
(E) Natural vegetation within 30 feet of existing drainage, natural creeks, rivers, natural springs or ponds shall be left intact. These surface features shall not be altered except for necessary bank stabilization and no fill shall be allowed in water features or natural flood plains.
(F) (1) A development greater than 1 acre shall not be altered or create erosion, drainage or runoffs on its own or adjacent properties.
(2) A grading or drainage plan, if required, shall be prepared by a design professional as is allowed by North Carolina General Statutes. For sites 1 acre or less, grading or erosion control plans may be approved by the Planning Department.
(G) Final clearing, grading and drainage shall be in compliance and consistent with the North Carolina International Building Codes, for general construction, the North Carolina International Residential Code for 1- and for 2-family residential construction, local codes and ordinances. Building sites shall be located such that water will be diverted away from structure(s) and will not pond or accumulate under or around structure(s). Lots shall be graded, landscaped and have a suitable vegetative cover.
(H) No banks shall be created or modified in the development with a slope steeper than 1-foot rise to 4-foot run. If existing non-compliant slopes or banks along natural waterways are left undisturbed, unaltered and the water flow is not increased, they are not required to be re-graded unless unusual conditions exist, as is determined by the Planning Department.
(I) Grading at all intersections shall include provisions for vehicular site distance.
(J) Grading of individual driveways shall not divert water to roadways or adjoining properties.
(Ord. passed 6-7-2004, § 306) Penalty, see § 10.99