BC 1999 12 20 - Laserfiche WebLink

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376 all measures necessary to abate the violations have been taken. The County shall rescind a stop-work order that is issued in error. The issuance of a stop-work order shall be a final agency decision subject to judicial review in the same manner as an order in a contested case pursuant to Article 4 of Chapter 150B of the General Statutes. The petition for judicial review shall be filed in the Superior Court of the county in which the Land- Disturbing Activity is being conducted. As used in this section, .days are computed as provided in G.S. IA-I, Rule 6. The County shall file a cause of action to abate the violations which resulted in the issuance of a stop-work order within two business days of the service of the stop-work order. The cause of action shall include a motion for an ex parte temporary restraining order to abate the violation and to effect necessary remedial measures. The resident superior court judge, or any judge assigned to hear the motion for the temporary restraining order, shall hear and determine the motion within two business days of the filing of the complaint. The Clerk of Superior Court may accept complaints filed pursuant to this section without the payment of filing fees. Filing fees shall be paid to the Clerk of Superior Court within 30 days of filing of the Complaint. Section 23 - Restoration of Areas Affected by Failure to Comply Cabarrus County may require a Person who engaged in a Land-Disturbing Activity and failed to retain Sediment generated by the activity as required by Section 8(b) l. to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by Sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance.' Section 24 - 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 25 - Effective Date This Revised Ordinance shall become effective upon October 1, 1999. ADOPTED, the 20tn day of December, 1999, by the Board of County Commissioners. /s/ Arne L. Fennel Chairman, ATTEST: Cabarrus County Board of Commissioners /s/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board Petition C99-09(S) - Request for Preliminary Plat ApDroval of Canterfield Estates (Appeal of Decision by the Planninq and Zoninq Commission) Mr. Eddie Moore, Senior Planner, presented Petition C99-09(S), a request by Mr. Duane Bennett for approval of the preliminary plat for Canterfield Estates development in Township 1 off Pharr Mill Road. The proposed subdivision will consist of 501 single-family lots. On November 18, 1999, the Planning and Zoning Commission voted unanimously to deny the request based on inadequate school facilities. Two out of the three schools impacted in this area are currently over capacity. The applicant has offered to donate approximately 35 acres of the property located east of Pharr Mill Road and north of the AT&T right of way for a possible school site. If accepted, staff recommended that the property be donated to Cabarrus County with no conditions attached. Staff also recommended a condition that adequate turn lanes be constructed along Pharr Mill Road with any additional on and off site improvements as deemed necessary by the North Carolina Department of Transportation. Mr. Leonard Sossamon, representing Mr. Duane Bennett, advised that the proposed Subdivision as submitted does meet the County's subdivision regulations. He stated the developer is awaiting reports from the Department of Transportation. Further, Mr. Sossamon confirmed the developer would donate approximately 35 acres of property to Cabarrus County for the development of a future school or park site with no special terms attached. He estimated the current value of the donated property at $425,000.00 to $450,000.00. Mr. Dan Lowder, Engineer with McKim & Creed Engineering, reported a traffic study had been submitted to the Department of Transportation and verbal