Land Development Ordinance - Amended 9-2-2025

install erosion and sedimentation control devices and practices that are sufficient to retain the sediment generated by the land disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in this Section, provisions for a ground cover sufficient to restrain erosion must be accomplished within 14 calendar days from the last land disturbing activity.

H. The land disturbing activity shall be conducted in accordance with the approved erosion and sedimentation control plan.

I. Prior Plan Approval. No person shall initiate any land disturbing activity that will disturb more than one (1) acre on a tract unless, 30 or more days prior to initiating the activity, a plan for the activity is filed with and approved by the Town. The land disturbing activity may be initiated and conducted in accordance with the plan once the plan has been approved. The Town shall forward to the Director of the Division of Water Resources a copy of each plan for a land disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table of the tract.

c. Plan Review & Approval Procedures

(1)

Erosion & Sedimentation Control Plans

A. Plan Submission. A plan shall be prepared for all land disturbing activities subject to this Ordinance whenever the proposed activity will disturb more than one (1) acre on a tract. See the Town’s Standard Specifications & Construction Details for submittal requirements. B. Financial Responsibility & Ownership. Plans may be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of property ownership. This statement shall be signed by the person financially responsible for the land disturbing activity or his/her attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the following:

i. The Person Financially Responsible. If the person financially responsible is not a resident of Wake County, North Carolina, a Wake County agent must be designated in the statement for the purpose of receiving notice of compliance or

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