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363 Ordinance No. 1999-09 AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION FIRST kMENDMENT AND RESTATEMENT NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of Cabarrus County, North Carolina, that this amended and restated Ordinance be adopted as follows, retroactive to and effective as of October 1, 1999: Section 1 - Tithe This amended and restated Ordinance may be cited as the Cabarrus County Soil Erosion and Sedimentation Control Ordinance (hereafter, the '~Ordinance"). Section 2 - Purpos~ This Ordinance is adopted for the purpose of: 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 - Jurisdiction This Ordinance is hereby adopted by the Cabarrus County Board of Commissioners (hereafter "Commissioners") and as of the above date will apply to all portions of Cabarrus County except for that property within the city limits of Kannapolis, Concord, Mt. Pleasant and Harrisburg, NC. However, this Ordinance may later be adopted to also apply within other regions upon proper resolution duly adopted by the governing bodies of the respective regions and the Commissioners. Wherever conflicts exist between federal, state or local laws, ordinances, or rules, the more restrictive provision shall apply. Section 4 - Definitions AS used in this Ordinance, unless the context clearly indicates otherwise, the definitions shown herein shall apply. Words which are not specifically defined shall be interpreted as having their normal dictionary definitions. Accelerated Erosion - means any increase over the rate of natural erosion as a result of Land-Disturbing Activity. Act - means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it, as amended from time to time. Adequate Erosion Control Measure. Structure, or Device - means one which controls the soil material within the land area under responsible control of the person conducting the Land-Disturbing Activity, as such controls are specified in the Ordinance. Affiliate - a Person that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control of another Person. Beina Conducted - means a Land-Disturbing Activity has been initiated and permanent stabilization of the site has not been completed. Commissioners - means the Cabarrus County Board of Commissioners. Borrow - means fill material which is required for on-site construction and is obtained from other locations. Buffer gOn~ - means the strip of land adjacent to a lake or natural watercourse. Commission means the Cabarrus County Watershed Improvement Commission. Completion of Construction or Development - means that no further Land- Disturbing Activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. County - means Cabarrus County, including any personnel or agent of Cabarrus County. Depargm~n~ - means the North Carolina Department of Environment and Natural Resources. Devel0Dm~n~ Servic~ Department - means the County Development Services Department or its successor in interest charged with the responsibility for regulation and enforcement of the Ordinance. Director - means the Director of the Division of Land Resources of the Department of Environment and Natural Resources. Discharqe Point - means that point at which runoff leaves a Tract.