(5) Riparian Buffers Regulation Supersede Clear-Cutting & Protection of Heritage Trees Regulations . The provisions of the Clear-Cutting & Protection of Heritage Trees Regulations shall not supersede but instead are in addition to the requirements of §9-1404 Riparian Buffer Regulations.
§9-1407 SOIL EROSION & SEDIMENTATION CONTROL
a. General Provisions
(1) Title . This Ordinance may be cited as the Town’s Soil Erosion & Sedimentation Control Ordinance. It is referred to herein as “Erosion & Sedimentation Control Requirements.”
(2)
Purpose . This Ordinance is adopted for the purposes 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.
(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.
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