Wake Forest Unified Development Ordinance - July 2022

Erosion, Flood, Stormwater & Watershed Standards 12.3 Erosion And Sedimentation Control Regulations


Sedimentation Pollution Control Act (An applicant’s criminal record may be considered for only the 2 years prior to the application date); or 5. Has failed to comply with State rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act on properties located within Town of Wake Forest jurisdiction. 6. Owns neighboring property that is in violation of the erosion and sedimentation control regulations of this ordinance, no permit shall be issued until that violation is corrected. E. Sale of Property: If the property associated with the approved plan is sold in whole or in part before all conditions of the approved plan are met, the permit holder must provide notice to the new owner/s of conditions of the Land Disturbance Permit and provide the Town of Wake Forest with revised financially responsible owner forms. The new owner(s) shall be required to attend a preconstruction conference with the Administrator. F. Effect of Approval 1. Until all construction is complete, all permanent erosion and sedimentation control measures are installed, and the site has been stabilized, a copy of the approved plan must be available and accessible on site in a weather proof container. All NPDES, EPA, turbidity and other state laws must be followed. Self- inspections of erosion control sites are required per NCGS §113A-54.1(e) law 15ANCAC 04B.0131. 2. The Town of Wake Forest must forward to the Director of NCDEQ 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. G. Revised Plans: If the town, whether upon review of a plan or upon inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, or the plan is inadequate to meet the requirements of this article, the town may require a revised plan. Pending the approval of the revised plan, work must stop or continue only under conditions outlined by the Administrator.

12.3.3. Standards

No land-disturbing activity subject to the control of this ordinance shall be undertaken except in accordance with the following mandatory standards. Persons conducting land- disturbing activities must take all reasonable measures to protect public and private property from damage caused by such activities. Whenever conflicts exist between federal, state, or local laws, ordinance, or rules, the more restrictive provision shall apply. The town reserves the right to require preparation and approval of an erosion control plan in any instance wherein extensive control measures are required. A. Erosion Control Measure Must Conform to State Design Manual: All soil erosion and sedimentation control plans and measures must conform to the minimum applicable standards specified in North Carolina’s Erosion and Sedimentation Control Planning and Design Manual. B. Fill Material: Unless a permit for the operation of a landfill from NCDEQ is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete, and brick in sizes exceeding 12 inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. C. Sediment To Be Held On Site: The person conducting the land-disturbing activity shall 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. All land-disturbance

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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