Unified Development Ordinance

Sec. 9.4.7. Additional Measures

Sec. 9.4.7. Additional Measures aaron.sheppard… Wed, 05/24/2023 - 09:14
  1. Whenever the City determines that off-site sedimentation may occur or is occurring as a result of a previous or on-going land-disturbing activity, despite application and maintenance of protective practices, the person undertaking the land-disturbing activity or the person responsible for maintenance will be required to and shall provide further adequate erosion control measures.
  2. The City shall serve one or more of the following: any person undertaking a land disturbing activity or the person responsible for maintenance or any of their appointed agents, written notice of violation with this section, specifying the noncompliance.
  3. Service shall be done in any of the following ways: Registered mail, certified mail return receipt requested, personal service or any other means authorized under N.C. Gen. Stat. §1A-1, Rule 4.
  4. The notice shall set forth the measures needed to come into compliance and shall state the time within which such compliance must be completed and warn that failure to correct the violation within the time period will result in the additional civil and criminal penalties for a continuing violation. Alternative equivalent measures may be submitted and, if approved by the City, must be completed within the time period stated for compliance.
  5. In determining the measures required and the time allowed for compliance, the City shall take into consideration the economic feasibility, technology, quantity of work required and extent of damage; it shall then set reasonable and attainable time limits for compliance.
  6. The failure to comply with the notice or approved alternate equivalent measures within the time specified shall be a further violation of this UDO.