§ 5-98. Erosion and sedimentation control plans.

(a)

Plan requirement. An erosion control plan shall be prepared for all land-disturbing activities subject to this division whenever the proposed activity is to be undertaken on a tract comprising more than twenty thousand (20,000) square feet, if more than twenty thousand (20,000) square feet are to be uncovered. Three (3) copies of the plan shall be filed with the erosion control officer, one of which will be forwarded to the Orange or Durham County (as applicable) soil and water conservation district, at least thirty (30) days prior to the commencement of the proposed activity.

(b)

The Orange or Durham County Soil and Water Conservation District, within twenty (20) days of receipt of any plan, or within such additional time as may be prescribed by the Chapel Hill Town Council, or such other body or officer designated by the council, shall review such plan and submit its comments and recommendations to the erosion control officer. Failure of the district to submit its comments and recommendations to the erosion control officer within the prescribed time will not delay final action on the plan.

(c)

Review and response to plans. The erosion control officer will review each complete plan submitted and within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with conditions, approved with performance reservations, or disapproved. Examples of conditions of approval are, but are not limited to: channel stabilization must be successful or another type of lining must be used; delineating certain areas to be graded and stabilized within a specified number of days to reduce the potential for erosion and protect critical areas; providing a performance security to provide permanent ground cover; and requiring the person financially responsible to retain the services of a professional engineer or architect to supervise implementation of the approved erosion control plan.

Failure to approve or disapprove a complete erosion and sedimentation control plan within thirty (30) days of receipt of the complete plan shall be deemed approval. Denial of a plan must specifically state in writing the reasons for denial. The county must approve or deny a revised plan within fifteen (15) days of receipt, or it is deeded to be approved. If, following commencement of a land-disturbing activity pursuant to an approved plan, the county determines that the plan is inadequate to meet the requirements of this division, the county may require such revisions as are necessary to comply with this division.

When the person or firm submitting the plan fails to respond to comments or correspondence from the erosion control division staff with either revised plans or written correspondence within ninety (90) days, the division will assume that the application will give warning in writing to the person or firm submitting the plan before terminating the review. Plan review fees are not refundable when an application is abandoned.

In order to be considered complete, a plan submitted for approval must contain the proposed erosion control plan, the completed application, the statement of financial responsibility and ownership, and the plan review fee. The thirty-day review period begins when all of the components of the complete plan are received.

(d)

The plan required by this section shall contain such architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as are needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this division. The plan shall comply with all applicable state and local regulations for erosion and sediment control. Plan content may vary to meet the needs of specific site requirements.

(e)

Plan amendments. Application for amendment of an erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the erosion control officer, the land-disturbing activities shall not proceed except in accordance with the erosion control plan as originally approved. After approving the plan, if the erosion control officer, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, revisions to the plan will be required. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the erosion control officer.

(f)

Statement of ownership and financial responsibility. Erosion control plans may be disapproved unless accompanied by an authorized "Statement of Ownership and Financial Responsibility". This statement shall be signed by the person financially responsible for the land-disturbing activity or his/her attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. If not a resident of North Carolina, the applicant must designate a North Carolina agent and include that agent's name and address in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this division, or rules or orders adopted or issued pursuant to this division.

(g)

Review of other environmental documents. Any plan submitted for a land-disturbing activity for which an environmental document (either an assessment or impact statement) 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 submitted the plan that the thirty-day time limit for review of the plan pursuant to section 5-99(c) of this division shall not begin until a complete environmental document is available for review.

(h)

Consideration of applicant's past performance. An erosion control plan may be disapproved upon a finding that an applicant, or any parent or subsidiary corporation if the applicant is a corporation:

(1)

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;

(2)

Has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act which is due and for which no appeal is pending;

(3)

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

(4)

Has failed to substantially comply with state rules or local ordinances and regulations adopted pursuant to the Act.

For purposes of this subsection (h), an applicant's record may be considered for only the two (2) years prior to the application date.

(i)

Erosion control plan available on site. A copy of the approved erosion control plan and any amendments and required revisions shall be kept on the job site at all times.

(Ord. No. 93-2-22/O-1, § 18)