BC 1999 12 20 - Laserfiche WebLink

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371 necessary to comply with this Ordinance. Failure to approve, approve with modifications, or disapprove a revised Plan within fifteen (15) days of receipt shall be deemed approval of the Plan. Activities indicated on approved Plans not completed within eighteen (18) months of the date of County approval shall also be deemed null and void. 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 necessary to comply with this Ordinance. c. Persons conducting Land-Disturbing Activities which are addressed by this Ordinance shall have secured a Plan Certificate and Letter of Approval (in accordance with procedures described herein) before any Land- Disturbing Activities commence. A copy of the approved Plan shall be maintained at the job site by the Persons Conducting the Land-Disturbing Activity. After approving the Plan, if the County staff, 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 staff may require that a revised Plan be submitted. Pending the preparation and approval of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate County authority. d. A Plan may be disapproved unless 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 their 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 the Person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the Plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. e. The Person submitting a Plan to the County is, prior to submission of the Plan, solely and exclusively responsible for determining whether the proposed Land-Disturbing Activities require any form of state or federal environmental certification or documentation. Any Plan submitted for a Land- Disturbing Activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. l13A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for County review. The County, upon discovery that an environmental certification or documentation is required but was not obtained, shall promptly notify the Person submitting the Plan that the thirty (30) day time limit for review of the Plan pursuant to Section 17(a) of this Ordinance shall not begin until a complete environmental document or certificate is available for County review. However, no term or condition in the Ordinance shall be interpreted to place the burden for determining the necessity for an environmental certificate or documentation upon the County, and the Person submitting the Plan, as well as any other Persons specified by law, rule or regulation, shall remain solely and exclusively responsible for such determination. 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. Any Sediment and Erosion control measures and/or devises must be drawn to scale and contour when deemed applicable by the County. In addition, the Plan must specify the use of steel or metal posts with regard to installation of any silt fencing and that such posts will not be spaced more than eight (8) linear feet apart. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation shall be available from the County staff on request. The County shall automatically disapprove a Plan if the County determines that implementation of the Plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. g. A Plan may be disapproved upon a finding that an applicant, or a Parent, Subsidiary, or other Affiliate of the applicant: 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 NCSCC or the County 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 by the time the payment is due. 3. Has been convicted of a misdemeanor pursuant to G.S. l13A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act; or 4. Has failed to substantially comply with applicable local, State or Federal laws, regulations, rules or ordinances. For purposes of this Ordinance, Subsection (g), an applicant's record may be considered for only the two(2) years prior to the application date.