(3) Definitions . As used in this Ordinance, unless the context clearly indicates otherwise, definitions apply as provided in Article S Interpretations & Definitions.
(4) Applicability . Except for the exemptions noted in this Section, the erosion and sedimentation control regulations of this Article apply to all land disturbances exceeding one (1) acre in disturbed surface area.
A. Jurisdiction. This Ordinance shall apply to land disturbing activity within the jurisdiction of the Town.
B. Borrow & Waste Areas. If the same person conducts the land-disturbing activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land-disturbing activity, unless the borrow or waste activity is regulated under the Mining Act of 1971, G.S. 74, Article 7, or is a landfill regulated by the Division of Waste Management. If the land-disturbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered by the Approving Authority as separate land-disturbing activities. C. Access & Haul Roads. Temporary access and haul roads, other than public roads, constructed or used in connection with any land disturbing activity shall be considered a part of such activity. D. Plan Approval Requirement for Land Disturbing Activity. No person shall undertake any land disturbing activity subject to this Ordinance without first obtaining a plan approval from the Town. E. Protection of Property . Persons conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity.
F. Conflict with Federal, State, County or Other Town Regulations. Whenever conflicts exist between federal, state, or local laws, ordinance, or rules, the more restrictive provision shall apply.
G. Plan Approval Exceptions . Notwithstanding the general requirement to obtain a plan approval prior to undertaking land disturbing activity, a plan approval shall not be required for land disturbing activity that does not exceed one (1) acre in surface area. In determining the area, lands under one (1) or diverse ownership being developed as a unit will be aggregated.
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