1986-08-04 SoilOrd
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ORDINANCE NO.
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AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION
AND SEDIMENTATION
NOW, THEREFORE, BE IT ORDAINED by the Board of
Commissioners of the County of New Hanover.
Section 1 Title
This ordinance may be cited as the New Hanover
County Soil Erosion and Sedimentation Control
Ordinanqe.
Section 2 ?urposes
This ordinance is adopted for the purposes of:
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a. regulating certain land-disturbing activity
to control accelerated erosion and
sedimentation in order to prevent the
pollution of water and other damage to lakes,
watercourses, and other public and private
property by sedimentation; and
b. establishing procedures through which these
purposes can be fulfilled.
Section 3 Definitions
As used in this ordinance, unless the context
clearly indicates otherwise, the following
definitions apply: ~-
a. Accelerated Erosion - means any increase over
the rate of natural erosion as a result of
land-disturbing activity.
b. Act - means the North Carolina Sedimentation
Pollution Control Act of 1973 and all rules
and orders adopted pursuant to it.
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c. Adequate Erosion Control Measures,
Structure,or Device- means one which controls
the soil materi~l within the land area under
responsible control of the person ,conducting
the land-disturbing activity.
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d. Borrow - means fill material which is
required for on-site construction and is
obtained from other locations.
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e. Buffet Zone - means the strip of land
adjacent to a lake or natural watercourse,
the width of which is measured from the
edge of the water to the nearest edge of the
disturbed area, with the twenty-five percent
(25%) of the"strip nearer the land-disturbing
activity containing natural or artificial
means of confining visible siltation.
f. Commission - means the North Carolina
Sedimentation Control Commission.
g. County - means New Hanover County
h. Department - means the North Carolina
Department of Natural Resources and Community
Development.
i. District - means the New Hanover Soil and
Water Conservation District created pursuant
to Chapter 139, North Carolina General
Statutes.
j. Energy Dissipator - means a structure or a
shaped channel section with mechanical
armoring placed at the outlet of pipes or
conduits to receive and break down. the energy
from high velocity flow.
k. Erosion - means the wearing away of land
surface by the action of wind, water,
gravity, or any combination thereof.
1. Ground cover - means any natural vegetative
growth or other material which renders the
soil surface stable against accelerated
erosion.
m. Lake or Natural Watercourse - means any
stream, river, brook, swamp, sound, bay,
creek, run, branch, canal, waterway, estuary,
and any reservoir, lake or pond, natural or
impounded, in which sediment may be moved or
carried in suspension, and which could be
damaged by accumulation of sediment.
n. Land-disturbing Activity - means any use of
the land by any person in residential,
industrial, educational, institutional, or
commercial development, highway and road
construction and main~enance that results in
a change in the natural cover or topography
and that may cause or contribute to
sedimentation.
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o. Local Government - means any county,
incorporated village, town, or city, or any
combination of counties, incorporated
villages, towns, and cities, acting through
a joint program pursuant to the provisions
of this Arti<;:le.
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Natural Erosion - means the wearing away of
the earth's surface by water, wind, or other
natural agents under natural environmental
conditions undisturbed by man.
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Person - means any individual, partnership,
firm, association, joint venture, public or
private corporation, trust, estate,
commission, board, public or private
institution, utility, cooperative, interstate
body, or other legal. entity.
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Person Reponsible for the Violation - as
used in this Ordinance, and G. S. 113A-64
means.
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(a) the developer or other person who has or
holds himself out as having .financial or
operational control over the land-disturbing
activity; and/or
(b) the landowner or person in possession or
control of the land when he has directly or
indirectly allowed the land-disturbing
activity or has benefitted from it or he
has failed to comply with any provision of
this Ordinance, the Act, or any order adopted
~ursuant to this Ordinance or the Act as
imposes a duty upon him.
s. Person Conducting Land-Disturbing Activity -
means any person who may be held responsible
for a violation unless expressly provided
otherwise by this Ordinance, the Act, or any
order adopted pursuant to this Ordinance or
the Act.
t~ Phase of Grading- means one of two types of
grading, rough or fine.
u. Plan - means an erosion and sedimentation
control plan.
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Sediment - ~eans solid particulate matter,
both mineral and organic, that has been or is
being transported by water, air, gravity, or
ice from its site of origin.
w. siltation - ~eans sediment resulting from
accelerated erosion which is settleable
or removable by properly designed,
constructed, and maintained control measures;
and which has been transported from its point
of origin within the site of a
land-disturbing activity; and which has been
deposited, or is in suspension in water.
x. Sedimentation - means the process by which
sediment resulting from accelerated erosion
has been or is being transported off the site
of the land-disturbing activity or into a
lake or natural watercourse.
y. Storm Drainage Facilities - means the system
of inlets, conduits, channels, ditches and
appurtenances which serve to collect and
convey storm water through and from a given
drainage area.
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z. storm Water Runoff - means the direct runoff
of water resulting from precipitation in any
form.
aa. Ten-Year storm - means the surface runoff
resulting from a rainfall of an intensity
expected to be equalled or exceeded, on the
average, once in ten years,.and of a duration
which will produce the maximum peak rate of
runoff, for the watershed of interest under
average antecedent wetness conditions.
bb. Tract - means all contiguous land and bodies
of water in one ownership, or contiguous land
and bodies of water in diverse ownership
being developed as a unit, although not
necessarily all at one time.
cc. Uncovered - means the removal of ground cover
from, on, or above the soil surface.
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dd. Undertaken - means the initiating of any
activity, or phase of activity, which
results or will result in a change in the
ground cover or topography of a tract of
land.
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ee. Velocity - means the average velocity of
flow through the cross section of the main
channel at the peak flow of the storm of
interest. The cross section of the main
channel shall be that area defined by the
geometry of the channel plus the area of flow
below the flood height defined by vertical
lines at the main channel banks. Overload
flows are not to be included for the purpose
of computing velocity of flow.
ff. Waste - means surplus materials resulting
from on-site construction and disposed
of at other locations.
gg. Working Days - means days exclusive of
Saturday and Sunday during which weather
conditions or soil conditions permit
land-disturbing activity to be undertaken.
section 4 Scope and Exclusions
This ordinance shall apply to land-disturbing
activities undertaken by any person, with the
following exclusions:
a. those undertaken on agricultural land for
the production of plants and animals useful
to man, including but not limited to: forage
and sod crops, grain and feed crops, tobacco,
cotton and peanuts; dairy animals and dairy
products; poultry and poultry products;
livestock, including beef cattle, sheep,
swine, horses, ponies, mules or goats,
including the breeding and grazing of any or
all such animals; bees and apiary. products
fur animals; and
b. those undertaken on forest land for the
production and harvesting of timber and
timber products; and
c. activity undertaken by persons as defined in
G.S. 113 A-52 (8) who are otherwise regulated
by the provisions of The Mining Act of 1971,
G. S. 74-46 through G. S. 74-68; and
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d. Land-disturbing activity over which the State
by statute, has exclusive regulatory
jurisdiction, which are those:
(1) Conducted by the State,
(2) Conduct~d by the United States,
(3) Conducted by persons having the power
of eminent domain,
(4) Conducted by local government,
(5) Licensed by the state or the United
States,
(6) Funded in whole or in part by the
state or the United states.
section 5 General Requirements
a. Plan Required - No person shall initiate any
land-disturbing activity.which uncovers more
than one contiguous acre without having an
erosion control plan approved by the
County.
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b. Protection of Property - Persons conducting
land disturbing activity shall take all
reasonable measures to protect all public
and private property from damage caused by
such activity.
c. More Restrictive Rules Shall Apply - \vhenever
conflicts exist between federal, state, or
local laws, ordinances, or rules, the more
restrictive provision shall apply.
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Section 6 Basic Control Objectives
The basic control objectives which are to be
considered in developing and i~plementing
an erosion and sedimentation control plan are
to:
a. Identify critical Areas - On-site areas which
are subject to severe erosion, and off-site
areas which are especially vulnerable to
damage from erosion and/or sedimentation are
to be identified and receive special
attention.
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b. Limit Time of Exposure - All land-disturbing
activity is to be planned and conducted to
limit exposure to the shortest feasible time.
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c. Limited Exposed Area - All land-disturbing
activity is to be planned and conducted to
minimize the size of the .area to be exposed
at anyone time.
d. Control Surf.ce Water - Surface water runoff
originating upgrade of exposed areas should
be controlled to reduce erosion and sediment
loss during the period of exposure.
e. Control Sedimentation - All land-disturbing
~ctivity is to be planned and conducted so
as to prevent off-site sedimentation damage.
f.Manage Storm Water Runoff - When the increase
in the velocity of storm water runoff
resulting from a land-disturbing activity is
sufficient to cause accelerated erosion of
the receiving watercourse, plans are to
include measures to control the velocity at
the point of discharge so as to minimize
accelerated erosion of.the site and increased
sedimentation of the stream.
section 7 Mandatory Standards for Land-Disturbing Activity
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No land-disturbing activity subject to the
control of this ordinance shall be undertaken
except in accordance with the following mandatory
standards:
a. Buffer zone - No land-disturbing activity
shall be permitted in proximity to a lake or
natural watercourse unless a buffer zone
is provided along the margin of the water-
course of sufficient width.to confine visible
siltation within the twenty-five percent
(25%) of the buffer zone nearer the
land-disturbing activity, provided, that this
subsection (a) shall not apply to a --
land-disturbing activity in connection with
the construction of facilities to be located
on, over, or under a lake or natural
watercourse.
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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. In any
event, slopes"left exposed will, within
30 working days of completion of any phase
of grading, be planted or otherwise provided
with ground cover, devices, or structures
sufficient to restrain erosion.
c. Ground Cover - Whenever land-disturbing
activity is undertaken on a tract comprising
more than one acre, if more than one
contiguous acre is uncovered, the person
conducting the land-disturbing activity shall
install such sedimentation and erosion
control deviCes and practices as are
sufficient to retain the sediment generated
by the land-disturbing activity within the
boundaries of the tract during construction
upon and development of said tract, and'shall
plant or otherwise provide a permanent ground
cover sufficient to restrain erosion after
completion of construction or development
within 30 working days or 120 calendar days
following completion, whichever period is
shorter.
d. Prior Plan Approval -.No person shall
initiate any 'land~disturbing.activity
if more than one contiguous acre. is to be
uncovered unless, thirty or more days prior
to initiating the activity, an erosion and
sedimentation control plan for such activity
is filed with and approved by the County.
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Section 8 Design and Performance Standards
Erosion and sedimentation control measures,
structures, and devices shall be so planned,
designed, and constructed as to provide
protection from the calculated maximum peak
rate of runoff from the 10-year storm. Runoff
rates shall be calculated using the procedures
in the USDA, Soil Conservation Service's
"National Engineering Field Manual for
Conservation Practices", or other acceptable
- calculation procedures.
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Section 9 Permanent Downstream Protection of Stream Banks
and Channels
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a.
Intent - Stream banks and channels downstream
from any land-disturbing activity shall be
protected from increased degradation by
accelerated erosion caused by increased
velocity of runoff from the land-disturbing
activity.
b.
Performance Standard - The land-disturbing
activity shall be planned and conducted such
that the velocity of storm water runoff in
the receiving watercourse at the point of
discharge resulting from a 10-year storm
after development shall not exceed the
greater of:
(1) the velocity as determined from the
table in Paragraph (e) of this rule; or
(2) the velocity in the receiving
watercourse determined for the 10~year
storm prior to development.
If conditions (1) or (2) of this paragraph
cannot be met, the channel below the
discharge point shall be designed and
constructed to withstand-the expected
velocity.
c.
Acceptable Management Measures - Measures
applied alone or in combination to satisfy
the intent of this section are acceptable
if there are no objectionable secondary
consequences. The Commission recognizes
that the management of stormwater runoff
to minimize or control downstream channel
and bank erosion is a developing technology.
Innovative techniques and ideas will be
considered and may be used when shown to
have the potential to produce successful
results. Some alternatives are to:
(1) avoid increases in surface runoff volume
and velocity by including measures to
promote infiltration to compensate for
increased runoff from areas rendered
impervious.
(2) avoid increases in stormwater discharge
velocities by using vegetated or
roughened swales and waterways in lieu
of closed drains and high velocity paved
sections,
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(3) provide energy dissipators at outlets of
storm drainage facilities to reduce flow
velocities at the point of discharge.
These may range from simple rip-rapped
sections to complex structures,
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(4) protect watercourses subject to
accelerated erosion by improving
cross sections and/or providing
erosion-resistant lining.
d. Exceptions - This rule shall not apply where
it can be demonstrated that stormwater
discharge velocities will not create an
erosion problem in the receiving watercourse.
e. The following is a table for maximum
permissible velocity for storm water
discharges:
Maximum permissible velocities
Material
,F.P.S.
M.P.S.
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Fine sand (noncolloidal)
Sandy loam (noncolloidal)
Silt loam (noncolloidal)
Ordinary firm loam
Fine gravel
stiff clay (very colloidal)
Graded, loam to cobbles
(noncolloidal)
Graded, silt to cobbles
(colloidal)
Alluvial silts (noncolloidal)3.5
Alluvial silts (colloidal) 5.0
Coarse grayel (noncolloidal) 6.0
Cobbles and shingles 5.5
Shales and hard pans 6.0
2.5
2.5
3.0
3.5
5.0
5.0
5.0
.8
.8
.9
1.1
1.5
1.5
1.5
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5.5
1.7
1.1
1.5
1.8
1.7
1.8
Source- Adapted from recommendations by Special
Committee on Irrigation Research, American
Society of Civ~l Engineers, 1926, for channels
with straight alignment. For sinuous channels,
multiply allowable velocity by 0.95 for slightly
sinuous, by 0.9 for moderately sinuous channels,
and by 0.8 for highly sinuous channels.
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Section 10 Borrow and Waste Areas
When the pe~son conducting the land-disturbing
activity is also the person conducting the borrow
or waste disposal activity, areas from which
borrow is obtain~d and which are not regulated by
the provisions of the Mining Act of 1971, and
waste areas for surplus materials other than
landfills regulated by the Department of Human
Resources, Division of Health Services, shall be
considered as part of the land-disturbing
activity where the borrow material is being used
or from which the waste material originated.
When the person conducting the land-disturbing
activity is not the person obtaining the borrow
and/or disposing of the waste, these areas
shall be considered a separate land-disturbing
activity.
Section 11 Access and Haul Roads
Temporary access and haul roads, other than
public roads, constructed or used in connection
with any land-disturbing activity shall be
considered a part of such activity.
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Section 12 Operations in Lakes, Natural Watercourses, or
Estuarine Waters
Land-disturbing activity in connection with
construction in, on, over, or under a lake or
natural watercourse shall be planned
and conducted in such a manner as to minimize
the extent and duration of disturbance of the
stream channel. The relocation of a stream,
where relocation iS,an essential part of the
proposed activity,'~hall be planned and executed
so as to minimize changes in the stream flow
characteristics, except when justification for
significant alteration to flow characteristic
is provided. Although the land-disturbing
activity may meet all provisions of this
ordinance, approval does not exempt the activity
from all other necessary wetland related
permits.
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section 13 ResDonsibilitv for Maintenance
During the development of a site, the person
conaucting the land-disturbing activity shall
install and maintain all temporary and permanent
erosion and sedi~entation control measures as
required by the approved plan or any provision
of this Ordinance or the Act. After site
development, the land owner or person in
possession or control of the land shall install
and/or maintain all necessary permanent erosion
and sediment control measures, except those
measures installed within a road or street
right-of-way or easement accepted for
maintenance by a governmental agency.
Section 14
Additional Measures
Whenever the County determines that significant
sedimentation is occurring as a result of land-
disturbing activity, despite application and
maintenance of protective practices, the person
conducting the land-disturbing activity will be
required to and shall take additional protective
action.
Section 15 Areas Not Otherwise Covered.
Notwithstanding previous provisions when ,it is
determined that severe off-site erosion and/or
sedimentation occur as a result of any land-
disturbing activity, regardless of the size of
the site, remedial action shall be taken within
a reasonable time period after notification.
Notification of violation shall be submitted
in writing by the County Engineering Department
. and receipt-ed by the owner or agent responsible
for the damage.
section 16 Existing Uncovered Areas
a. All uncovered areas existing on the
effective date of this ordinance which
resulted. from land-disturbing activity,
exceed one contiguous acre, are subject
to continued accelerated erosion, and
are causing off-site damage from
sedimentation,' shall be provided with a
ground cover or other protective measures,
structures, or devices sufficient to
restrain accelerated erosion and 'control
off-site sedimentation.
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b. The County vlill serve upon the landowner
a written notice of violation by registered
or certified mail, return receipt requested,
or other means. The notice will set forth
the measures needed to comply and will state
the time within which such measures must be
completed. In determining the measures
required and the time allowed for
compliance, the authority serving notice
shall take into consideration the economic
feasibility, technology, and quantity of
work required, and shall set reasonable and
attainable time limits of compliance.
c. The County reserves the right to require
preparation and approval of an erosion
control plan in any instance where extensive
control measures are required.
d. This rule shall not require ground cover
on cleared land forming the future basin
of a planned reservoir.
Section 17 Permits
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a. No person shall undertake any
land-disturbing activity subject to this
ordinance without first obtaining a permit
therefore from the County, except that no
permit shall be required for any
land-disturbing activity:
(1) for the purpose of fighting fires; or
(2) for the stock piling of raw or
processed sand, stone, or gravel in
material processing plants and storage
yards, provided that sediment control
measures have been utilized to protect
against off-site damage; or
(3) that does not exceed 43,560 square feet
in surface area. In determining the
area, contiguous lands under one or
diverse ownership being developed asa
unit will be aggregated.
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(NOTE: THIS EXCLUSION FROM PERMITS
SHOULD ALLOW LAND-DISTURBING
ACTIVITIES FOR CONSTRUCTION OF A
SINGLE FAMILY RESIDENCE ON A SINGLE
LOT, BUT MAY NOT EXCEED ONE ACRE.)
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b. The County has established the following
rate schedule for the permit fee:
Acres Fee Acres Fee
0-1. 49 $25.00 5.50-6.49 $150.00
1.50-2.49 $50.00 6.50-7.49 $175.00
2.50-3.49 $75.00 7.50-8.49 $200.00
3.50-4.49 $100.00 8.50-9.49 $225.00
4.50-5.49 $125.00 over 9.50 $250.00
Section 18 Erosion and Sedimentation Control Plans
a.
An erosion control plan shall be prepared
for all land-disturbing activities subject
to this ordinance whenever the proposed
activity is to be undertaken ona tract
comprising more than one acre, if more than
one contiguous acre is to be uncovered.
The plan shall be filed with the County
Engineering Department, the New Hanover
Soil and Water Conservation.District, and
for areas outside municipal corporate
limits, the County Planning Department, 30
days prior to the commencement of the
proposed activity.
b. Persons conducting land-disturbing activity
which covers one or more contiguous acres
shall file one copy of the erosion control
plan with the County at least 30 days
prior to beginning such activity and shall
keep another copy of the plan on file at
the job site. c If the county 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, the county will
require a revised plan. PendLng the
preparation of the revised plan, work shall
cease or shall continue under conditions
outlined by the appropriate authority.
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c. Erosion control plans shall be 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 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.
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d. The New Hanover Soil and Water Conservation
District and the County Planning Department
within 20 days of receipt of any
plan, or within such additional time as may
be prescribed by the County Engineering
Department,,,shall review such plan and
submit its comments and recommendations to
the County. Failure of the Soil and Water
Conservation District and the County
Planning Department to submit its comments
and recommendations within 20 days or within
the prescribed additional time will not
delay final action on the plan.
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e. The County, will review each plan
submitted to them 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 or
disapprove a complete erosion and
sedimentation control plan within 30
days of receipt 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 15 days of receipt, or it
is deemed 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 ordinance, the County may
require such revisions as are necessary
to comply with this ordinance.
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f. The plan required by this section shall
contain 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
ordinance. Plan content may vary to meet
the needs of specific site requirements.
Detailed guidelines for plan preparation
may be obtained from the County, on
request.
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g. Applications 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 County, the
land-disturbing activity shall not proceed
except in accordance with the erosion
control plan as originally approved.
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h. Any person engaged in land-distrubing
activity who fails to file a plan in
accordance with the ordinance or who
conducts a land-disturbing activity
except in accordance with provisions
of an approved plan shall be deemed in
violation of the ordinance.
Section 19 Appeals
a. The disapproval or modification of any
proposed erosion control plan by the
county shall entitle the person SUbmitting
the plan to a public hearing if such .
person submits written demand for a hearing
within 15 days after receipt of written
notice of disapproval or modifications.
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b. Hearings held pursuant to this section shall
be conducted by the New Hanover County
Director of Engineering and Facilities
within 10 days after the date of the
appeal or ,request for a hearing.
c. The Director of Engineering shall
make recommendations to the Board of New
Hanover County Commissioners , within 10
days after the date of the hearing on
any erosion control plan.
d. The Board of New Hanover County
Commissioners will render its final decision
on any erosion control plan upon which a
hearing is requested within 30 days of
conducting the hearings.
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e. If the County, upholds the disapproval or
modification of a proposed soil erosion
and sedimentation control plan following the
hearing, the person SUbmitting the plan
shall then be entitled to appeal the New
Hanover County. decision to the North
Carolina Sedimentation Control Commission
as provided in Section 113A-61(c) of the
General Statutes and Title 15 NCAC 4B
.0018(b) .
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section 20 Inspections and Investigations
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a. Agents and officials of the County, will
periodically inspect the sites of land-
disturbing activity for which permits have
been issued to determine whether the
activity is"being conducted in accordance
with the plan and to determine whether the
measures required in the plan are effective
in controlling erosion and sediment
resulting from land-disturbing activity.
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b. If, through inspection, it is determined
that a person engaged in land-disturbing
activity has failed to comply with the
approved plan, a notice of violation shall
be served upon that person by registered
or certified mail or other means. The
notice shall set forth the measures
necessary to achieve compliance with the
plan, specify a reasonable time period
within which such measures must be
completed, and warn that failure to
correct the violation within the time
period will result in the assessment of
a civil penalty or other enforcement
action. If the person engaged in land-
disturbing activity fails to comply within
the time specified, enforcement action
shall be initiated.
c. The County, shall have the power to
conduct such investigations as it may
reasonably deem necessary to carry out
its duties as prescribed in this ordinance,
and for this purpose to enter at reasonable
times upon any~property, public or private,
for the purpose of investigating and
inspecting the sites of any land-disturbing
activity. No person shall refuse entry or
access to any authorized representative or
agent of the County, who requests entry
for purposes of inspection, and who presents
appropriate credentials, nor shall any
person obstruct, hamper, or interfere with
any S11.ch representative while in the process
of carrying out his official duties.
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d. The County shall also have the power to
require written statements, or the filing of
reports under oath, with respect to
pertinent questions relating to
land-disturbing activity.
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Section 21 Penalties
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A. civil Penalties
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(1) Any person who violates any of the
provis}ons of this ordinance, or rules
or orders adopted or issued pursuant
to this ordinance, or who initiates or
continues a land-disturbing activity
for which an erosion control plan is
required except in accordance with the
terms, conditions, and provisions of
an approved plan, shall be subject to
a civil penalty of not more than $100.
No penalty shall be assessed until the
person alleged to be in violation has
been notified of the violation by
registered or certified mail, return
receipt requested, or other means. The
notice shall describe the violation
with reasonable particularity, specify
a reasonable time period within which
the violation must be corrected, and
warn that failure to correct the
violation within the time period will
result in the assessment of a civil
penalty or other enforcement action.
Each day of continuing violation shall
constitute a sep~rate violation.
.
./
(2) The governing body of the County,
shall determine the amount of the civil
penalty to be assessed under this sub-
section and shall make written demand
for paYment upon the person in
violation, and shall set forth in
detail a description of the violation
for which-the penalty has been ,
imposed. In determining the amount of
'the penalty the governing body shall
consider the degree and extent of harm
caused by the violation and the cost of
rectifying the damage. If paYment is
not received or equitable settlement
reached within 30 days after demand for
paYment is made the matter shall be
referred to the County, attorney for
institution of a civil action in the
name of the County, in the
appropriate division of the General
Courts bf Justice for recovery of the
penalty. Any sums recovered shall be
used to carry out the purposes and
requirements of this ordinance.
18
.
.
.
Section 22
-;:
B. Criminal Penalties
Any person who knowingly or willfully
violates any provision of this ordinance,
or rule or order adopted or issued pursuant
to this ord}nance, or who knowingly or
willfully initiates or continues a land-
disturbing activity for which an erosion
control plan is required except in
accordance with terms, conditions, and
provisions of an approved plan, shall be
guilty of a misdemeanor punishable by
imprisonment not to exceed 90 days, or by
a fine not to exceed $5,000 or. by both, in
the discretion of the court.
Injunctive Relief
a. Whenever the governing body has reasonable
cause to believe that any person is
violating or threatening to violate this
ordinance or any rule or order adopted or
issued pursuant to this ordinance, or any
term, condition, or provision of an approved
erosion control plan, it may, either before
or .after the institution of any other action
.or proceeding authorized by this ordinance,
institute a civil action in the name of the
County, for injunctive relief to restrain
the violation or threatened violation. The
action shall be brought in the Superior
Court of New Hanover County.
b. Upon determination by a court that an
alleged violation is occurring or is
threatened, it shall enter such orders
or judgments as are necessary to abate
the violation or to prevent the threatened
violation. The institution of an action
for injunctive relief under this section
shall not relieve any party to such
proceedings from any civil or criminal
penalty prescribed for violations of this
ordinance.
19
Section 23 Severability
.
If any section or sections of this ordinance
is/are held to be invalid or unenforceable,
all other sections shall nevertheless continue
in full force and" effect.
*
Section 24 Effective Date
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ATTEST:
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l Clerk
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1i/U;
day of ~~ 1986.
NEW~__n
By: ~~
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20