Wake Forest Unified Development Ordinance - July 2022

Administration 15.7 Environmental Protection Permits


strategies, and to answer questions of the applicant regarding the application and schedules for review. C. Required Application Information: Existing Conditions Map (15.4.1) & Construction Plans (15.4.4). D. Determination of Compliance: Following submittal of a soil erosion and sedimentation control plan and accompanying data, the application shall be reviewed by the Town of Wake Forest Department of Engineering for compliance with the requirements of this ordinance. Provided the plan is complete, applications shall be reviewed and acted upon by the staff and notice given the applicant within 30 days of receipt of the application. Any plan submitted for a land-disturbing activity for which the North Carolina Environmental Policy Act requires an environmental document must be deemed incomplete until a complete environmental document is available for review. The Administrator must promptly notify the person submitting the plan that the 30 day time limit for review of the plan will not begin until a complete environmental document is available for review. Denial of the application must specifically state in writing the reasons for denial. Subsequent plan revisions shall be reviewed and acted upon by the staff and notice given the applicant within 15 days of receipt of the revision. If an application has been disapproved, the applicant has 12 months to submit revised plans addressing the reasons for disapproval or the plan is deemed null and void. All decisions shall be in writing and delivered via electronic mail, personal delivery, personal delivery, or first class mail to the property owner and party seeking determination, if different from the owner. E. Other Disapprovals: The Town shall disapprove erosion and sedimentation control plans (part of construction plans) if implementation of the plan would result in a violation of the rules adopted by the Environmental Management Commission (State) to protect riparian buffers along surface waters. The Town may disapprove the plan upon finding that an applicant or a parent, subsidiary, or other affiliate of the applicant: 1. Is conducting or has conducted land-disturbing activity without an approved plan or has received a notice of violation of a plan previously approved by the Town pursuant to this Ordinance and has not complied with the notice within the time specified in the notice. 2. Has failed to pay a civil penalty assessed pursuant to this Ordinance by the time the payment is due. 3. Has been convicted of a misdemeanor pursuant to NCGS 113A-64(b) or any provision outlined in this Ordinance pursuant to this article. F. Public Notification : N/A G. Appeals : Appeals of the decision of the Administrator shall be heard by the Board of Adjustment in accordance with Section 15.12 within 15 days after receipt of written notice of disapproval or conditional approval that is unsatisfactory to the applicant. Appeals of the decision of the Board of Adjustment may be taken to the North Carolina Sedimentation Control Commission as provided in NCGS 113A-61(c). H. Permit Validity : When work under a land disturbance permit is not completed within 2 years following the date of issuance of the land disturbance permit, the land disturbance permit shall be deemed expired. I. Permit Extension : Permits may be renewed in one year increments until the project is complete. The appropriate renewal fees shall apply. Any significant changes to the plan must be re-submitted and re-reviewed.

15.7.3. Floodplain Development Permits

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


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