BC 1999 12 20 - Laserfiche WebLink

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370 Approval therefore from the County staff except that no Plan Certificate and Letter of Approval 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 one (i) acre [except as provided in Section 6(a) (2) and (3)] in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. Although a Plan Certificate and Letter of Approval is not required for activity comprising less than one (1) acre [except as provided in Section 6(a) (2) and (3)], such activity shall be subject to all other requirements of this Ordinance and any other applicable standards or ordinances adopted by Cabarrus County. b. The County may establish a review fee if considered necessary. c. If the Person Responsible for the Violation begins a Land Disturbing Activity and is found to be in violation for starting such activity prior to obtaining a Plan Certificate and Letter of Approval, and such party has a prior violation for the same offense, the review fee shall be doubled. If, 'at any time, the Person Responsible for the Violation disturbs land outside of the approved plan denuded limits and/or limits of construction, the review fee shall be doubled. Section 17 - Erosion and Sedimentation Control Plans a. Persons Conducting Land-Disturbing Activity shall be responsible for preparing a Plan for all Land-Disturbing Activities subject to this Ordinance whenever the proposed activity is to be Undertaken on a Tract comprising more than one (1) acre [except as provided in Section 6(a) (2)and (3)] . A pre-submittal conference with County staff shall take place at least ten (10) days prior to submittal of the Plan for Land-Disturbing Activities involving five (5) acres or more. At the pre-submittal conference, the County staff shall inform the applicant of the processes involved with Plan review and approval, issuance of a Plan Certificate and Letter of Approval, and the relationship of said Plan Certificate and Letter of Approval with zoning, building code, and other land-use regulations in effect in Cabarrus County. At the time of application submission, County staff shall also notify the applicant of the appeal process as provided in this Ordinance. Three complete copies of the Plan shall be filed with the County Development Services Department (or as otherwise designated by the County) at least thirty (30) days prior to the COMMENCEMENT of the proposed activity. A fee, made payable to Cabarrus County, shall be charged for each Plan review. Such fee shall be in accordance with a fee schedule adopted by the Commissioners. No Plan shall be considered complete unless accompanied by such fee. With regard to Land-Disturbing Activities involving five (5) acres or more, no Plan shall be accepted unless the County staff has first held a pre-submittal conference with the Person seeing to undertake the Land- Disturbing Activity. A representative of the County staff shall stamp the date of submittal on any complete Plan submitted for review after the pre- submittal conference is held. County staff shall transmit a copy of the complete Plan to the SWCD for their review. The SWCD shall be given up to twenty (20) days to make comment on the Plan. Failure of the SWCD to submit its comments to the County staff within such time period shall not delay final action on the proposed Plan by the County staff. The County staff shall make every effort to make a decision on each complete Plan submitted within twenty-one (21) days of receipt thereof. The County staff, however, shall at all times render a decision on a Plan within thirty (30) days of submittal. The County shall condition approval of a draft Plan upon the applicants' compliance with local, state and federal water quality laws, regulations, ordinances and rules. Such decision shall be approval, approval with modifications, approval with performance reservations, or disapproval. Failure to approve, approve with modifications or performance reservations, or disapprove a complete Plan within thirty (30) days of receipt shall be deemed approval. Any final decision made pertaining to the proposed Plan shall be filed in the County's Development Services Department (or as otherwise designated by the County) and sent to the applicant by first class mail. b. Denial of a Plan or a revised Plan must specifically state in writing the reasons for disapproval. The County staff must approve, approve with modifications, or disapprove a revised Plan within fifteen (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 staff determines that the Plan is inadequate to meet the requirements of this Ordinance, the County staff may require any revision of the Plan that is