Enforcement 16.4 Remedies And Penalties
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16.4.2. Citations and Civil Penalties A.
Erosion and Sedimentation Control Violations 1. Any person, firm, or corporation who violates any provisions in Chapter 12.3, Erosion and Sedimentation Controls Regulations, shall be in violation of this Chapter and shall be subject to civil penalties as follows: a. Grading without a permit (includes single family lots) - $5,000.00 b. Failure to install measures for lots less than ½ acre - $500.00 c. Failure to renew grading permit - $500.00 d. Failure to follow approved plan or obtain signed plan prior to work - $2,500.00 e. Failure to submit a revised plan - $2,500.00 f. Failure to provide adequate ground cover – up to $5,000.00 g. Failure to take all reasonable measures to prevent sediment leaving site – up to $5,000.00 h. Failure to provide adequate riparian buffers – up to $5,000.00 i. Unlawful grading in floodplain - $5,000.00 j. Filling in wetland, creek, or water course without obtaining required permits - $5,000.00 k. Grading slopes and fill steeper than allowed by approved permit - $2,500.00 l. Failure to maintain erosion control measures – up to $5,000.00 m. If sediment enters a buffer, stream, or wetlands – up to $25,000.00 2. The Town may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57 (3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by sedimentation. B. Flood Damage Prevention Violations Any person, firm, or corporation who violates any provisions in Chapter 12.4, Flood Damage Prevention, or order made pursuant to Chapter 12.4 shall be in violation of this Chapter and shall be subject to civil penalties as follows: 1. A civil penalty in the amount of $100.00 per violation shall be assessed. 2. Each day such violation continues shall be considered a separate and distinct offense. C. Landscaping Violations Any person, firm, or corporation who violates the provisions of Chapter 8, Tree Protection, Buffers, and Landscaping, shall be subject to the following. 1. A base fine of $2.00 for every square foot of the Critical Root Zone occupied by the damaged or removed vegetation within any areas required to be protected. 2. A base fine of $100.00 per tree for any tree excessively pruned shall be applied in addition to the replacement of plant material using the “inch for inch” standard as determined by the Planning Director.
D.
Stormwater Management Violations Any person, firm, or corporation who receives a second Notice of Violation and Corrective Order for failing to provide an SCM Inspection Report or illicitly discharging shall be subject to the following.
Town of Wake Forest Unified Development Ordinance – July 19, 2022
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