HomeMy WebLinkAboutC.054.93011_1347 (2)Norman: The State handles the problem now.
Selquist: Yes, we do not have jurisdiction. That's the intent of this ordinance -- to allow the
county to assume the duties and to impose penalties.
Attorney Pope: The $500 per acre penalty — is that per acre disturbed or per acre affected?
Selquist: That would be per acre disturbed activity.
Steve Johnson: In reference to Section 203 (b), or Financial Responsibility & Ownership, it
would appear the staff might find it difficult to hold anyone responsible unless the owner admits
ownership and offers to pay. Has the planning staff considered asking someone to post a bond
— similar to subdivision street improvements?
Selquist: This is something we can look into. It's not something we had anticipated at this
point; however, it could be a good idea. Financial responsibility/ownership is basically to get a
clear indication as to who is the legal entity that will be developing the project. This has been a
problem in the past, since some builders have multiple entities that they operate under.
Johnson: When someone writes a check to my business, I know who they are. If they don't
write a check, I may or may not know who they are. I'm not saying that's a good idea, but at
some point this needs to be "nailed down."
Johnson: A part of Section 203 (c) reads, " .... shall be deemed incomplete until a complete
environmental document is available for review." Are we putting another step in the process for
these individuals? Do they have to go to the State of North Carolina?
Selquist: This is a special case. This is if they need an environmental assessment or impact
statement. It probably will not enter into our purview. It would have to be a special situation to
require it, and if that's the case, they would have to get a document prior to getting the erosion
control plan approved.
Johnson: If our goal is to protect the lake and property owners, then that is a noble goal. That
goal is compared to some poor guy trying to make an honest living on a backhoe getting
knocked around like a ping-pong ball between a county bureaucracy and state bureaucracy. I'm
sympathetic to this guy because I've been there. It's not pleasant. I don't see that those two
things have to be mutually exclusive. I don't want this poor guy saying, "I'm good with the
state," and he starts digging, then one of our guys shows up and says, "You got to stop." Then
he comes to Statesville and gets another permit, then a person from the state shows up and
tells him that he has to stop. It's ridiculous to put someone in that situation. I'm assuming the
person or governmental entity with the strictest criteria would have the greater weight of
enforcement. You can understand the guy who is going to be asking himself, "Who will try to
stop me next?"
Selquist: If we are still addressing the Environmental Policy Act — this is mandated by federal
law. It falls under the NEPA statute. It's something we wouldn't be able to remove.
Johnson: I don't mean to be adversarial. You think about these things on the front end so you
don't mess up down the road.
Selquist: Absolutely.
Johnson: I haven't seen anyone from the federal government down here willing to enforce our
ordinances, but we do plenty of work for them.
Johnson: On 203 (d) Content, will they have to hire an engineer to dig up a half -acre of dirt?
Selquist: These items are as needed. They need to provide us a clear understanding as to
what is occurring. If they can do that in a method that is agreeable and sufficient to us, then we
can let them get by with certain items. We will have some leniency in this aspect, especially if
we use a half -acre to one -acre requirement. Anything above the one acre is state mandated.
We are looking at some situations with the half -acre to one acre land disturbing activity, and we
are trying to get a handle on the issues that can occur in high-growth areas. This ordinance
section describes the needed documents, as needed. If they can provide sufficient
documentation so we can determine what's going on and do some calculations as far as runoff
issues, then we could accept that.