Loading...
HomeMy WebLinkAbout11-19-2019 1 November 19, 2019 IREDELL COUNTY BOARD OF COMMISSIONERS PRE-AGENDA MINUTES November 19, 2019 The Iredell County Board of Commissioners met in pre-agenda session on Tuesday, November 19, 2019 at 5:00 PM, in the Commissioners’ Meeting Room located in the Iredell County Government Center 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER: Chairman James Mallory called the meeting to order. ADJUSTMENTS TO THE AGENDA: Remove Economic Development from Closed Session. PUBLIC HEARINGS Public hearing to consider proposed text amendments to the Land Development Code: Planning Director Matthew Todd said at the last meeting there were some questions regarding the appendix and staff included the report as Appendix H. Todd said the appendix is grouping sections of the existing ordinance. Todd said some updates were made to mirror the General Statutes, specifically related to plan transfers. The text amendment also includes a self- inspection after every one inch of rain fall. Chairman Mallory asked if there has been public feedback. Todd said no. ADMINISTRATIVE MATTERS Request from Planning & Development on behalf of Brian Thompson, for approval of the release of 75% of the value of an $8,125 cash bond on a recently completed stormwater control pond located at 1214 River Highway: Planning Director Matthew Todd said stormwater projects are bonded. As the applicant is going through the completion process, they are required to request release from the Board. There is up to a 75% reduction the first time and if approved within no closer than a year they can come back and ask for the remaining 25%. Everything is in order with the request. This item was placed on consent. 2 November 19, 2019 Request from Planning & Development, on behalf of Peter Cai, for approval of the release of the remaining $25,000 cash bond on a recently completed stormwater control pond located at 1264 River Highway: Planning Director Matthew Todd said this request is the next step that the previous request will do sometime next year. The 75% was released last year and another inspection has been done and everything is in order. Todd requested approval of the remainder. Vice Chairman Bowles asked if there any TMP ponds or are most sand filters. Todd said it depends on the site and engineering. The department does not receive many high-density request because most of those are going to the municipalities. This item was placed on consent. Request from Planning & Development of a resolution to formally support the 2020 Census: Planning Director Matthew Todd said the Board appointed a Census Complete Count Committee. The committee has had two meetings to date. Todd explained that additional members including Library Director Juli Moore and representatives from municipalities have joined the committee. The County’s Census Area Partnership Specialist reached out for approval of the resolution. Resolution Supporting the 2020 Census Partnership WHEREAS the U.S. Census Bureau is required by the U.S. Constitution to conduct a complete count of the population and provides a historic opportunity to help shape the foundation of our society and play an active role in American democracy; WHEREAS Iredell County is committed to ensuring every resident is counted; WHEREAS federal and state funding is allocated to communities, and decisions are made on matters of national and local importance based, in part, on census data and housing; WHEREAS census data help determine how many seats each state will have in the U.S. House of Representatives and are necessary for an accurate and fair redistricting of state legislative seats, county and city councils and voting districts; WHEREAS information from the 2020 Census and American Community Survey is vital for economic development and increased employment; WHEREAS the information collected by the census is confidential and protected by law; WHEREAS a united voice from business, government, community-based and faith-based organizations, educators, media and others will enable the 2020 Census message to reach more of our residents; WHEREAS the Census count requires extensive work, and the Census Bureau requires partners at the state and local level to insure a complete and accurate count; WHEREAS Iredell County and its appointed Complete Count Committee will bring together a cross section of community members who will utilize their local knowledge and expertise to reach out to all persons of our community; 3 November 19, 2019 Now, therefore, BE IT RESOLVED that Iredell County is committed to partnering with the U.S. Census Bureau and the State of North Carolina and will: 1. Support the goals for the 2020 Census and will disseminate 2020 Census information; 2. Encourage all County residents to participate in events and initiatives that will raise the overall awareness of the 2020 Census and increase participation; 3. Provide CCC members and Census advocates to speak to County and Community Organizations; 4. Support census takers as they help our County complete an accurate count; and, 5. Strive to achieve a complete and accurate count of all persons within our borders. Adopted this 19th day of November, 2019. This item was placed on consent. Request from Emergency Management for approval of budget amendment #11 in order to accept a Homeland Security Grant Program (HSGP) award in the amount of $18,000: Jody Smyre explained that the grant was applied for January 2019. The grant was divided into different projects. This particular project is for a utility type vehicle to be used for patient and personnel movement. It was awarded to help EMS with the Fair, BalloonFest, and similar events to access patients when an ambulance cannot reach them. Smyre said it is sometimes difficult for an ambulance to access a patient during events. Smyre explained it will be a domestic preparedness asset and made available for other counties. However, it will primarily belong to the County. Vice Chairman Bowles asked about the type of vehicle. Smyre said it will likely be a Polaris with a bed. Vice Chairman Bowles asked if the grant will cover the full cost. Smyre said it should. There are some available at the price. This item was placed on consent. Request from the Finance Department to provide an Introduction of 2020 Bond Ordered, authorize issuance of sworn statement of debt, statement of estimated interest, and consider to call for a public hearing on December 3, 2019 on said orders: Finance Director Deb Cheek said this begins the process for issuing the bond orders. Cheek explained that Chairman Mallory will read the first order for the schools and conduct a vote, then read the second order for the community college and conduct a vote. Cheek said the $115,500,000 is for schools and the $10,500,000 is for community college. Cheek said next is the Sworn Statement of Debt and the estimated interest that will be filed with the Clerk to the Board. The final item is to call for the public hearing on December 3, 2019. Request from Tax Administration for approval of October Refunds and Releases: This item was placed on consent. Request from Administration for approval of amendments to the Board of Commissioners’ Rules of Procedure: Jones said County Attorney provided a draft earlier and a revised draft is on the bench before the Board. 4 November 19, 2019 Chairman Mallory suggested changing “out of town travel for employment” to “out of county travel” under 28 (a) ii. Chairman Mallory noted the purpose of the change is to enhance the Commissioner’s ability to participate when they are physically unable to attend a meeting but to add guardrails and limit it to two meetings in a calendar year. Which is less than 10% of th e meetings. Either the Chairman or Vice Chairman would need to be physically present. Items with controversy will be laid over. Items with a split vote will also be laid over. Commissioner Robertson said in the past this change would have benefited him more than most. For 12 years, Robertson has traveled and scheduled that traveling as to not to conflict with meetings. Although, sometimes it cannot be helped. Robertson added without this procedure, in the past an item that was terribly controversial was continued until he returned. This change is a way for Commissioners to participate in a meeting if your fulltime job requires you to be somewhere else. Robertson added that it is now a modern age. There are always some that can physically attend but it is a day and age where this is how private industries conduct a lot of their business. The intent is for each Commissioner to be physically present. Chairman Mallory said the intent is to continue to bring together the Board’s experiences and opinions together for discussion, and benefit from knowledge each commissioner has. Mallory noted it is the exception not rule. Commissioner Norman said members should not start missing meetings because they can. Vice Chairman Bowles said the key to the change is the guardrails around it. The Board cannot foster irresponsibility. Commissioner Houpe is traveling to Washington, DC in December for the NCACC and will be unable to attend the first meeting of the month. Houpe said sometimes county business forces members out of the County. Houpe noted public input was good after it was explained that remote participation is limited to twice a year without board approval, members will not attend Closed Session remotely, and any contentious matters may be continued. Vice Chairman Bowles said there has been good success with conference calls for subcommittees. Commissioner Houpe said some employees are able to attend trainings remotely to save travel costs. Sheriff Campbell is currently out of county but is still able to conduct business by phone. Houpe added that although members may travel out of the County, they are still advocating for the County. Commissioner Norman understands emergencies may come up, but does not think it is a good idea for members to miss three or four meetings a year. Request from Clerk to the Board for approval of the minutes from the meeting on November 5, 2019: There were no additions or corrections. This item was placed on consent. 5 November 19, 2019 ANNOUNCEMENTS OF VACANCIES ON BOARDS & COMMISSIONS Board of Equalization & Review - 6 appointments Board of Health - 7 appointments Charlotte Regional Partnership - 1 appointment Personnel Advisory Committee - 3 appointments Recreation Advisory Board - 4 appointments Transportation Advisory Board - 7 appointments Zoning Board of Adjustment - 4 appointments Chairman Mallory asked if any existing members have shared their desire to continue serving. Clerk to the Board Amy Anderson said yes, several have shared that they are interested in serving again. Chairman Mallory said if there are serving members of boards and commissions whose term is up who want to continue and are allowed under the bi-laws the Board would favorably consider those first then will look at the other applicants. APPOINTMENTS TO BOARDS & COMMISSIONS Centralina Economic Development District Board of Directors: Jenn Bosser and Beth Jones have volunteered to serve. Juvenile Crime Prevention Council: Teresa Lazenby has volunteered to serve as the Social Services representative. According to JCPC’s bi-laws, qualified persons must fulfill certain positions on the Council. Although council prefers the Board’s approval, it is not required. UNFINISHED BUSINESS (None) NEW BUSINESS (None) COUNTY MANANGERS REPORT County Manager Beth Jones gave an update on the following items:  Thanked the Board for a very successful and productive Fall Retreat on Friday, November 15, 2019.  County offices closed will be closed November 28 & 29, 2019 in observance of Thanksgiving. Chairman Mallory expressed appreciation to staff for a great Fall Retreat. Commissioner Houpe encouraged the Board to stop by the Library and visit the first floor. The retreat didn’t wrap up until after 5pm and some were unable to take a tour. 6 November 19, 2019 Chairman Mallory asked when the Children’s Area will be moved back downstairs. Jones said staff is hopeful everything will be done by the end of the year. Jones added that the main Library will be closed so the move will not impact patrons of the Library. The Board adjourned pre-agenda at 5:35PM IREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES November 19, 2019 The Iredell County Board of Commissioners met in regular session on Tuesday, November 19, 2019 at 7:00 PM, in the Commissioners’ Meeting Room of the Iredell County Government Center, 200 South Center Street, Statesville, NC. Board Members Present Chairman James Mallory Vice Chairman Tommy Bowles Gene Houpe Marvin Norman Ken Robertson Staff present: County Manager Beth Jones, County Attorney Lisa Valdez, Deputy County Manager Susan Robertson, Assistant County Manager Joe Pierce, Finance Director Debra Cheek, and Clerk to the Board Amy Anderson. CALL TO ORDER by Chairman Mallory. INVOCATION: Chairman Mallory asked everyone to bow their heads for a moment of silence or reflection. PLEDGE OF ALLEGIANCE led by Chairman Mallory. ADJUSTMENTS TO THE AGENDA Remove Economic Development from Closed Session. MOTION by Commissioner Norman to approve the agenda as adjusted. VOTING: Ayes – 5; Nays – 0 PRESENTATION OF SPECIAL RECOGNITIONS & AWARDS Recognition of the Department of Social Services for receiving an Excellence in Innovation Award at the North Carolina Association of County Commissioners Conference: NCACC Program Development Manager Matt Bigelow explained the NCACC supports the well -being of all 100 counties in North Carolina through advocacy efforts, education, and member services. Bigelow said in partnership with the Local Government Credit Union (LGCU), the NCACC recognizes 10 county projects each year that stand out for Innovation Solutions to county issues. Senior Membership Operator with LGCU Leanna Lott said the Innovation Winners are determined 7 November 19, 2019 by a group county leaders, department directors, and staff who score the programs based on their cost savings and improvement to services offered to county residents. At the NCACC Annual Conference in August, the LGCU hosted a luncheon highlighting the winners, presented trophies, and awarded prize money to the winning staff members. Bigelow and Lott recognized Iredell County Department of Social Services for receiving one of the Excellence in Innovation Awards this year. Bigelow explained that Medicaid applications have been on the raise throughout the State and the County’s DSS created training labs and programs to help staff manage the caseload, which has significantly reduced the time to process applications. DSS staff members Heather Houston, Terri Evans, and Donna Rufty were present to receive the Excellence in Innovation Award. Chairman Mallory expressed sincere appreciation to the NCACC for putting together opportunities to recognize best practices throughout the State. All of the counties can benefit from sharing innovative and creative ways of doing business in an ever changing environment. Mallory also thanked the LGCU for sponsoring the award. A good bit of LGCU’s business is from people who work hard throughout the State in local and state government. Commissioner Houpe attended the NCACC conference in August. Houpe explained that other counties showed interest in implanting similar practices. Houpe complimented the department on their hard work and work ethic. Commissioner Robertson said a lot of people believe that government should be ran like a business. Businesses place a high degree of emphasis on being compliant with the law. There are significant ramifications for not being compliant. Robertson said everything DSS does or does not do is dictated by the law. Robertson explained the importance of operational integrity and doing the same thing right over and over. The award shows not only the effort of the department has taken. It also brings to light that the County is a well-run and managed county. Robertson said there is huge misconception about what DSS does. So many think they have a large printing press, but the department is so much more than that. DSS helps people navigate their way through social safety net programs. Robertson also emphasized the importance of the Child Protective Services Division. APPOINTMENTS BEFORE THE BOARD Request from the Finance Department for presentation of the June 30, 2019 Audited Financial Statements: Finance Director Debra Cheek said the County had a successful audit and thanked the Finance staff for all their hard work. Cassie Starnes said Martin & Starnes issued an unmodified opinion, the highest quality opinion give. There was an implementation of GASBY88. The purpose of the standard was to provide additional documentation about any defaults or what the secured property was for a variety of debt to classify debt pieces within the financial statement. There are no number changes related to the standard. Starnes said the total fund balance for the general fund had an increase of $13,942,485 making a fund balance total of $112,557,952. The available fund balance is $84,537,553, an increase from last year. The LGC likes to see an increase in available fund balance. The available fund balance percentage was 44%, an increase from last year. The unassigned percentage is 25%, a 4% increase from last year. 8 November 19, 2019 Starnes said there was increase in revenues and expenditures. There was a total revenue of $208,311,547 and an expenditures total of $194,369,062. Property taxes make up 61% of the revenue, other taxes and licenses make up 21%, federal and state grants make up 7%, and other make up 11%. There was an increase in ad valorem tax by approximately $4.1 milli on ending at $124,920,089. Grant funding received increased as well for a total $14,311,359. Chairman Mallory asked if the sales tax revenue is growing faster than the property tax revenues, even though property tax is a larger piece of the pie. Starnes said several units in the State are seeing the same trend. Education is the largest expenditure in the general fund at 34%. Human services – 15%, public safety – 21%, other – 14%, and debt service – 16% make up the remainder. Commissioner Robertson noted that most of the debt service is education related. Starnes said the education piece does not like include the debt service piece that is education related. Education was $66,017,716, an increase from 2018 (does not include debt service). The debt service was $30,042,669. Human services was comparable to the prior year and the expenditures, there was an increase in the revenue, and therefore it is expected to see an increase in expenditures. The total for human services was $29,508,793. Public safety also had an increase ending at $41,161,939. The total net position for the Solid Waste fund is $49,551,753. The unrestricted net position, taking out what is invested in capital assets, is $26,664,135. EMS Special Services Fund total net position is $1,883,763. The unrestricted net position is $1,659,169. There was an increase in the operating income for this fund increased. Commissioner Robertson said the County is audited on a yearly basis and there is a high degree of integrity that goes along with the financial reporting. The fund balance is up to 25%. Part in due to department directors underspending their budgets and those funds go back into the general fund. Commissioner Houpe thanked the accounting firm and staff for a successful audit. Commissioner Norman expressed appreciation to staff for all the hard work and working together. Chairman Mallory said this is a very important part of the County’s ability to be able, when necessary, to borrow funds at an extremely competitive rate. MOTION by Commissioner Houpe to accept the Iredell County, North Carolina Comprehensive Annual Audit Report for Fiscal Year ending June 30, 2019 as presented by Martin Starnes & Associates, CPA PA. VOTING: Ayes – 5; Nays – 0 9 November 19, 2019 PUBLIC HEARINGS Public hearing to consider proposed text amendments to the Land Development Code: Planning Director Matthew Todd said the Planning Board unanimously approved the text amendments. Currently, regulations addressing Erosion Control and Sediment are split up throughout the Land Development Code making it difficult to relay the information to the end user. The text amendment would consolidate the Erosion Control and Sediment regulations into one appendix making it more user friendly. While creating the appendix, staff made changes to reflect General Statute changes made over the last couple of years based on the model ordinance. Todd explained staff are practicing the changes, as they are required by General Statute. Those changes include issues on first time offenders, plan transfer requirements, and clarifications on exemptions from the Code. Todd noted that the text amendment also calls for self -inspections to be required after every one inch of rainfall. This matches the State’s requirements for construction stormwater requirements. Staff feels this will help some concerns by having a regular look by the developer at site. Chairman Mallory said the Board has had a couple opportunities to look at the text amendments. Commissioner Houpe expressed appreciation to Todd and staff for working to make the ordinance better. Chairman Mallory opened the public hearing. No one wished to speak. Chairman Mallory closed the public hearing. MOTION by Commissioner Norman to approve Appendix H, the Iredell County Soil, Erosion, Sediment Control Ordinance along with the associated zoning text amendments to the current Land Development Code and make a finding that the approval is consistent with the adopted 2030 Horizon Plan and said approval is reasonable and in the public interest and furthers the goals of the 2030 Horizon Plan because it aims to create compliance with the North Carolina General Statutes, the North Carolina Soil, Erosion, Sediment Control Model Ordinance, and the requirements of the North Carolina Sedimentation Pollution Control Act of 1973. VOTING: Ayes – 5; Nays – 0 Appendix H Soil Erosion and Sedimentation Control Ordinance TABLE OF CONTENTS SECTION 1: TITLE ......................................................................................................................... H-2 SECTION 2: PURPOSE ................................................................................................................. H-2 SECTION 3: DEFINITIONS ............................................................................................................ H-2 SECTION 4: SCOPE and EXCLUSIONS ..................................................................................... H-5 SECTION 5: MANDATORY REQUIREMENTS FOR LAND-DISTRUBING ACTIVITIES ................ H-7 SECTION 6: EROSION AND SEDIMENTATION CONTROL PLANS .......................................... H-9 10 November 19, 2019 SECTION 7: BASIC CONTROL OBJECTIVES ........................................................................... H-22 SECTION 8: DESIGN and PERFORMANCE STANDARDS ..................................................... H-23 SECTION 9: STORM WATER OUTLET PROTECTION ............................................................... H-24 SECTION 10: BORROW AND WASTE AREAS ........................................................................... H-26 SECTION 11: ACCESS AND HAUL ROADS .............................................................................. H-26 SECTION 12: OPERATIONS IN LAKES OR NATURAL WATERCOURSES ................................. H-26 SECTION 13: RESPONSIBILITY FOR MAINTENANCE ................................................................ H-26 SECTION 14: ADDITIONAL MEASURES ..................................................................................... H-27 SECTION 15: EXISTING UNCOVERED AREAS .......................................................................... H-27 SECTION 16: FEES ........................................................................................................................ H-28 SECTION 17: PLAN APPEALS ..................................................................................................... H-28 SECTION 18: INSPECTIONS AND INVESTIGATIONS ................................................................ H-28 SECTION 19: PENALTIES ............................................................................................................. H-29 SECTION 20: FINAL CERTIFICATE OF OCCUPANCY .............................................................. H-32 SECTION 21: STOP WORK ORDERS AND BUILDING PERMIT ABEYANCE ............................ H-32 SECTION 22: INJUNCTIVE RELIEF .............................................................................................. H-32 SECTION 23: RESTORATION AFTER NON-COMPLIANCE ...................................................... H-33 SECTION 24: SEVERABILITY ........................................................................................................ H-33 SECTION 25: EFFECTIVE DATE ................................................................................................... H-33 SECTION 26: ADOPTION OF CERTIFICATION………………………………………….H-33 AN ORDINANCE TO PROVIDE FOR THE CONTROL OF SOIL EROSION AND SEDIMENTATION SECTION 1 Title This ordinance may be cited as the Iredell County Soil Erosion and Sedimentation Control Ordinance. SECTION 2 Purpose This ordinance is adopted for the purposes of: 1. regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and 2. establishing procedures through which these purposes can be fulfilled. SECTION 3 Definitions As used in this ordinance, unless the context clearly indicates otherwise, the following definitions apply: 11 November 19, 2019 “Accelerated Erosion” means any increase over the rate of natural erosion as a result of land - disturbing activity. “Act” means the North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. “Adequate Erosion Control Measure, Structure, or Device ” means one which controls the soil material within the land area under responsible control of the person conducting the land- disturbing activity. “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. “Being Conducted” means a land-disturbing activity has been initiated and permanent stabilization of the site has not been completed. “Borrow” means fill material which is required for on -site construction and is obtained from other locations. “Buffer Zone” means the strip of land adjacent to a lake or natural watercourse. “Coastal Counties” means the following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell and Washington. “Commission” means the North Carolina Sedimentation Control Commission. “Completion of Construction or Development” means that no further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. “Department” means the North Carolina Department of Environmental Quality. “Director” means the Director of the Division of Energy Mineral and Land Resources of the Department of Environmental Quality. “Discharge Point” means that point at which storm water runoff leaves a tract of land. “District” means the Iredell County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. “Energy Dissipater” means a structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. “Erosion” means the wearing away of land surfaces by the action of w ind, water, gravity, or any combination thereof. “Ground Cover” means any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. “High Quality Waters” means those classified as such in 15A NCAC 2B.0101(e) (5) - General Procedures, which is incorporated herein by reference to include further amendments pursuant to G.S. 150B-14(c). 12 November 19, 2019 “High Quality Water (HQW) Zones” means, for the Coastal Counties, areas within 575 feet of High Quality Waters; and for the remainder of the state, areas within one mile and draining to HQW’s. “Lake or Natural Watercourse” means any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. “Land-disturbing Activity” means any use of the land by any person in residential, industrial, education, institutional, or commercial development, highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. “Local Government” means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. “Natural Erosion” means the wearing away of the earth’s surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man. “Parent” means an affiliate that directly, or indirectly through one or more intermediaries, controls another person. “Person” means any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity. “Person Conducting Land-Disturbing Activity” means any person who may be held responsible for violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. “Person Responsible for the Violation” means: 1. the developer or other person who has or holds himself out as having financial or operation control over the land-disturbing activity; or 2. the landowner or person in possession or control of the land that has directly or indirectly allowed the land-disturbing activity, or benefited from it or failed to comply with a duty imposed by any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. “Phase of Grading” means one of two types of grading: rough or fine. “Plan” means an erosion and sedimentation control plan. “Sediment” means solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. “Sedimentation” means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse. “Siltation” means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. 13 November 19, 2019 “Storm Drainage Facilities” means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area. “Storm Water Runoff” means the surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. “Subsidiary” means an affiliate that is directly, or indirectly through one or more intermediaries, controlled by another person. “Ten-Year Storm” means the storm water runoff resulting from precipitation of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. “Tract” means all contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. “Twenty-five Year Storm” means the storm water runoff resulting from precipitation of an intensity expected to be equaled or exceeded on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff for the watershed of interest under average antecedent wetness conditions. “Uncovered” means the removal of ground cover from, on, or above the soil surface. “Undertaken” means the initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. “Velocity” means the average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. “Waste” means surplus materials resulting from on-site land-disturbing activities and being disposed of at other locations. “Working Days” means days exclusive of Saturday and Sunday during which weather conditions or soil conditions permit land-disturbing activity to be undertaken. SECTION 4 Scope and Exclusions I. Geographical Scope of Regulated Land-Disturbing Activity This Ordinance shall apply to land-disturbing activity within Iredell County and the territorial and extraterritorial jurisdictions of Mooresville, Statesville and Troutman, as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law. Two types of permits are required for land-disturbing activities. Erosion control permits are required for projects that will disturb one (1) acre or more, or one half (1/2) acre or more in a water supply watershed area. Grading permits are required for grading that takes place for the construction of a residential dwelling and any non -residential principle structure. 14 November 19, 2019 II. Exclusions from Regulated Land-Disturbing Activity Notwithstanding the general applicability of this ordinance to all land -disturbing activity, this ordinance shall NOT apply to the following types of land -disturbing activity: A. Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants an d animals useful to man, including, but not limited to: 1. Forage and sod crops, grain and feed crops, tobacco, cotton, and peanuts. 2. Dairy animals and dairy products. 3. Poultry and poultry products. 4. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. 5. Bees and apiary products. 6. Fur producing animals. 7. Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. B. An Activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. If land -disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this ordinance shall apply to such activity and any related land -disturbing activity on the tract. C. An activity for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. D. A land-disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S. 113A-56(a). E. An activity which is essential to protect human life during an emergency. F. Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. G. Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2. III. Plan Approval Requirement for Land-Disturbing Activity No person shall undertake any land-disturbing activity subject to this ordinance without first obtaining a Plan approval therefor from the County. (amended __/__/__, TA-2019-__) IV. Protection of Property Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. (amended __/__/__, TA-2019-__) V. More Restrictive Rules Shall Apply Whenever conflicts exist between federal, state, or local laws, ordinance, or rules, the more restrictive provision shall apply. (amended __/__/__, TA-2019-__) 15 November 19, 2019 SECTION 5 Mandatory Requirements for Land-Disturbing Activity I. Buffer zone A. Standard Buffer No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is prov ided along the margin of the watercourse thirty (30) feet minimum inside the Water Supply Watershed area or twenty-five (25) feet minimum in all areas outside of the Water Supply Watershed from edge of Lake or Natural Watercourse. B. Projects On, Over or Under Water This subdivision shall NOT apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. C. Buffer Measurement - Unless otherwise provided, the width of a buffer zone (See Figure H- 5.1) is measured horizontally from the edge of the water to the nearest edge of the disturbed area, with a minimum thirty (30) feet from Lake or Natural Watercourse in all areas inside the Water Supply Watershed or minimum twenty-five (25) feet from Lake or Natural Watercourse in all areas outside the Water Supply Watershed. For rivers, measurement starts “at the most landward limit of the top of the bank. For lakes, measurement starts at the "most landward limit of the full-pond level.” Figure H-5.1 Buffer Zone II. Graded Slopes and Fills The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within seven (7) days on slopes greater than 3:1 and fourteen (14) days on other areas (see Table 10.5) of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical constraints. (amended 7/17/12, TA-2012-01) III. Fill Material Unless a permit from the Department’s Division of Waste Management to operate a landfill 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 twelve (12) inches, 16 November 19, 2019 and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. IV. Ground Cover Whenever land-disturbing activity is undertaken on a tract, 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, and shall plant or otherwise provide a viable permanent ground cover sufficient to restrain erosion after completion of construction or development. The viable permanent ground cover must be established prior to the removal of existing erosion control measures. Except as provided in Section H-8 B(5) of this ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within seven (7) days on perimeter areas and slopes greater than 3:1 and fourteen (14) days on other areas (See Table H -8.1). (amended 7/17/12, TA-2012-01) SECTION 6 Erosion and Sedimentation Control Plans I. Erosion Control Permit Approval Process Prior Plan Approval No person shall undertake any land-disturbing activity that will disturb one (1) acre or more, or one half (1/2) acre or more in a water supply watershed area, on a tract unless, thirty (30) or more days prior to initiating the activity, a Plan for the activity is filed with and approved by the County. This shall include the aggregation of smaller lots within a subdivision or development that are under the same ownership and which are equal to or greater than one (1) acre (equal to or greater than one half (1/2) acre in a water supply watershed). The process for gaining plan approval is as follows: A. Major Erosion Control Permit Approval Process Step 1. Pre-Application Meeting Depending upon the size and scope of the project the applicant may schedule a pre-application meeting with the Erosion Control Administrator to review the proposed plan and control measures . Step 2. Plan is Submitted The Erosion Control Plan is submitted to the Administrator. Work may only commence after Step 5. Step 3. Plan is Reviewed The Plan is reviewed by the Administrator and any required changes are made. Step 1. (Optional) Pre- application meeting is held with Erosion Control Administrator. Step 2. Erosion Control Plan is submitted to the Erosion Control Administrator. Step 3. Plan is reviewed by the Administrator and any necessary changes are made. Step 4. Erosion control plan is approved and Letter of Approval sent. Step 5. Pre-Construction meeting, Permit & Certificate of Approval issued. 17 November 19, 2019 Step 4. Plan Approval The Erosion Control Administrator shall approve the plans and send the Letter of Approval to the financially responsible party. Work cannot begin until the Certificate of Approval has been issued. Step 5. Pre-Construction Meeting, Permit & Certificate of Approval The Erosion Control Administrator shall require a pre-construction meeting prior to beginning any site work. As part of the pre-construction meeting, the Erosion Control Administrator shall issue the Erosion Control Permit and a Certificate of Plan Approval at the site. This shall authorize the applicant to begin work. See Section 9.6.8 6.III.L for information on the pre-construction meeting. (amended 7/17/12, TA-2012-01) B. Minor Erosion Control Permit Approval Process Step 1. Pre-Application Meeting The applicant may schedule a pre-application meeting with the Erosion Control Administrator to review the proposed plan and control measures. Step 2. Plan is Submitted The Erosion Control Plan is submitted to the Administrator. Work may only commence after Step 5 4. Step 3. Plan is Reviewed The Plan is reviewed by the Administrator and any required changes are made. Step 4. Plan Approval The Erosion Control Administrator shall approve the plans and send the Letter of Approval, Certificate of Plan Approval and the Permit to the financially responsible party. Work cannot begin until the Certificate of Approval has been issued. Step 5. Call for Inspection Call for an inspection once the measures are installed. II. Grading Permit Process A grading permit shall be issued by the County prior to grading for the construction of a residential dwelling and any non-residential principal structure. No building permit for a residential dwelling or non-residential principal structure shall be issued until a grading permit has been issued. The permit includes at least one initial inspection and may require additional inspections throughout the duration of the project. First inspection will be performed prior to a foundation building inspection for all residential or nonresidential principal structures. A final inspection if needed, will take place prior to any final building inspection for a Certificate of Occupancy for all residential or nonresidential principal Step 1. (Optional) Pre- application meeting is held with Erosion Control Administrator. Step 2. Erosion Control Plan is submitted to the Erosion Control Administrator. Step 3. Plan is reviewed by the Administrator and any necessary changes are made. Step 4. Erosion control plan is approved, Letter of Approval, Certificate of Plan Approval & Permit is sent. Step 5. Call for inspection once measures are installed. 18 November 19, 2019 structures. Further inspections can happen throughout the building process for assurance that the site is in compliance with measures in accordance with Soil and Sediment Control requirements in this Ordinance. For the purpose of this provision, the following uses shall NOT be included:  plowing;  tilling;  sowing;  gardening; and  other such activities in relation to farming or horticulture. In addition to obtaining the permit; the owner, building contractor, or other responsible party shall: A. Control run-off as to NOT damage or adversely impact adjoining properties, lakes, and natural watercourses by providing silt fencing and stabilization or utilizing Low Impact Design (drainage swales, functional landscaping, etc.); and B. Refrain from altering the general direction of the natural drainage flow. 19 November 19, 2019 III. Erosion and Sediment Control Plan Requirements A. Plan Submission A plan shall be prepared for all land -disturbing activities subject to this ordinance whenever the proposed activity will disturb one (1) acre or more (one half (1/2) acre or more inside a water supply watershed) on a tract. Two paper copies and one (1) electronic copy of the plan shall be filed with the County. B. Plan Types Plans shall be broken into two categories, major and minor. The minimum requirements for these plans are shown in Table H-6.1 1. Major Erosion and Sediment Control Plan A plan for the location, installation and maintenance of measures to control all anticipated erosion, and prevent sediment and increased runoff from leaving the site of a land disturbing activity of one (1) acre or greater. This plan may require a seal from an Engineer, Architect, or Surveyor. 2a. Applicant contacts Iredell County Building Standards for inspection of measures to be properly installed prior to a foundation or footing inspection. 1. Applicant gets a grading permit. Residential Principal Structure Non-Residential Principle Structure 2a. Applicant contacts Iredell County Erosion Control for inspection of measures to be properly installed. 2b. An additional inspection throughout the duration of the project for compliance to the code is required. 3. A Final Inspection may be done prior to a Certificate of Occupancy being issued. 2b. An additional inspection throughout the duration of the project for compliance to the code is required. 3. A Final Inspection may be done prior to a Certificate of Occupancy being issued. 20 November 19, 2019 2. Minor Erosion and Sediment Control Plan A plan for the location, installation and maintenance of measures to control all anticipated erosion, and prevent sediment and increased runoff from leaving the site of a land disturbing activity of one half (1/2) acre but less than one (1) acre inside a water supply watershed. This plan shall NOT require a seal from an Engineer, Architect, or Surveyor. Table H-6.1 Erosion Control Plan Requirements Required Information Major Plan Minor Plan Vicinity Map w/North Arrow and Scale x x General Site Features Legend w/North Arrow, Scale, etc. x x Property Lines x x Existing Contours (topo lines) x x Proposed Contours x x Limits of Disturbed Area (acreage total, delineated limits, and label) x x Planned and Existing Building Locations and Elevations x x Planned and Existing Road Locations and Elevations x x Lot and/or Building Numbers x x Geologic Features (rock outcrops, seeps, springs, wetlands, streams, lakes, ponds, dams, etc. x x Easements and Drainage Ways x x Profiles of Streets, Ditch Lines, Utilities, etc. x x Stockpiled Topsoil or Subsoil Locations x x Soil Borrow Info* x x Army Corps 404 Permit and Water Quality 401 Certification (if applicable) x x Erosion Control Measures (on Plan) Legend x x Location of Permanent Measures x Location of Temporary Measures x x Construction Drawings and Details for Temporary and Permanent Measures x Maintenance Requirements for Measures x Contact Person Responsible for Maintenance x Site Drainage Features Existing and Planned Drainage Patterns (include off-site areas that drain through project) x Method of Determination of and Calculations for Acreage of Land Being Disturbed x Size and Location of Culverts and Sewers x Soil Information: type and special characteristics x Soil Information Below Culvert Storm Outlets x Name and Classification of Receiving Water Course or Name of Municipal Operator (only where stormwater discharges are to occur) x Stormwater Calculations Pre-construction runoff calculations for each outlet from the site (at peak discharge points) x 21 November 19, 2019 Required Information Major Plan Minor Plan Design calculations for peak discharges of runoff (including the construction phase and the final runoff coefficients of the site) x Design calculations of culverts and storm sewers x Discharge and velocity calculations for open channel and ditch flows (easements and rights-of-way) x Design calculations of cross sections and method of stabilization of existing and planned channels (include temporary linings) x Design calculations and construction details of energy dissipaters below culvert and storm sewer outlets (diameters and apron dimensions) x Design calculations and dimension of sediment basins x Surface area and settling efficiency information for proposed sediment traps and/or basins x Vegetative Stabilization Area and acreage to be vegetatively stabilized x x Methods of soil preparation x x Seed type and rates (temporary and permanent) x x Fertilizer type and rates x Mulch type and rates x x Financial Responsibility and Ownership Form Completed, signed and notarized Financial Responsibility/Ownership form x x Copy of the most current deed for the site x x Certificate of assumed name, if the owner is a partnership x x Name of registered agent (if applicable) x x Narrative and Construction Sequence Narrative describing the nature and purpose of the construction activity x Construction sequence related to erosion and sedimentation control (including installation of critical measures prior to the initiation of the land disturbing activity and removal of measures after areas they serve are permanently stabilized) x Bid specifications related only to erosion control x If within the municipal limits, a letter from that municipality stating the project meets their zoning requirements. x x Designation on the plans where the 7 or 14 day ground stabilization requirements apply as per Section II.B.2 of the NPDES Construction Stormwater General Permit NCG010000 x x Design of basins with one acre or more of drainage area for surface withdrawal as per Section II.B.4 of the NPDES Construction Stormwater General Permit NCG010000 x x * If the same person conducts the land-disturbing activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land -disturbing activity unless the borrow or waste activity is regulated under the Minin g Act of 1971, or is a landfill regulated by the Division of Waste Management. If the land-disturbing activity and any related borrow or waste activity are not conducted by the same person, they shall be considered 22 November 19, 2019 separate land-disturbing activities and must be permitted either through the Sedimentation Pollution Control Act as a one-use borrow site or through the Mining Act. (amended 7/17/12, TA-2012-01) C. Financial Responsibility and Ownership Plans must be accompanied by an authorized statement of financial responsibility and ownership. The person financially responsible for the land-disturbing activity or his attorney in fact shall sign this statement. The statement shall include the mailing and street addresses of the principal place of business of (1) the person financially responsible, (2) the owner of the land, and (3) any registered agents. If the person financially responsible is NOT a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance. Except as provided in subsections C.1 or I of this section, if the applicant is NOT the owner of the land to be disturbed, the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation control plan and to conduct the anticipated land-disturbing activity. 1. If the applicant is not the owner of the land to be disturbed and the anticipated land - disturbing activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft erosion and sedimentation control plan may be submitted without the written consent of the owner of the land, so long as the owner of the land has been provided prior notice of the project. D. Environmental Policy Act Document Any plan submitted for a land-disturbing activity that requires an environmental document (i.e. environmental assessment, environmental impact statement, or a finding of no significant impact) by the North Carolina Environment Policy Act (G.S. 113A-1, et seq.) must provide a complete environmental document before the plan can be approved. Typically, an environmental document would be required for projects on public lands. E. Content The plan required by this section shall contain architectural or engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this ordinance and satisfy the standards contained within the North Carolina Erosion and Sediment Control Planning and Design Manual. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the County, on request. F. Timeline for Decisions on Plans The Erosion Control Administrator will review each complete plan submitted to them and within thirty (30) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a complete plan within thirty (30) days of receipt shall be deemed approval. 23 November 19, 2019 The Administrator will review each revised plan submitted to them and wi thin fifteen (15) days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a revised plan within fifteen (15) days of receipt shall be deemed approved. G. Approval The Administrator shall only approve a plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. Approval assumes the applicant’s compliance with the federal and state water quality laws, regulations and rules. The Administrator shall conditionally approve plans based upon the applicant’s compliance with federal and state water quality laws, regulations and rules. The Administrator may establish an expiration date, NOT to exceed three (3) years, for Plans approved under this ordinance. H. Disapproval for Content The Administrator may disapprove a plan or draft plan based on its content. A disapproval based upon a plan’s content must specifically state in writing the reasons for disapproval. I. Other Disapprovals The Administrator shall disapprove a plan or draft plans if implementation of the plan would result in a violation of the rules adopted by eithe r the Environmental Management Commission or Iredell County to protect riparian buffers along surface waters. A local government may disapprove a 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 notice of violation of a plan previously approved by the Commission or a local government pursuant to the Act 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 the Act or a local ordinance adopted pursuant to the Act by the time the payment is due. 3. Has been convicted of a misdemeanor for knowing or willful violation of any provision(s) of this Article or any ordinance, rule, regulation, or order duly adopted or issued by the Commission or a local government, or who knowingly or willfully initiated or continued a land-disturbing activity for which an erosion and sedimentation control plan was required, except in accordance with the terms, conditions, and provisions of an approved plan pursuant to G. S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the Act or; 4. Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act. 5. For purposes of this subsection, an applicant’s record may be considered for only the two years prior to the application date. In the event that an erosion and sedimentation control plan or a transfer of a plan is disapproved by the Administrator pursuant to subsection (I) of this section, the local government shall so notify the Director of the Division of Energy, Mineral, and Land Resources within 10 days of the disapproval. The Administ rator shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of 24 November 19, 2019 Section 17A, the applicant may appeal the local government's disapproval of the plan directly to the North Carolina Sedimentation Control Commission. J. Transfer of Plan The Administrator may transfer an erosion and sedimentation control plan approved pursuant to this section without the consent of the plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. 1. The Administrator may transfer a plan if all of the following conditions are met: a. The successor-owner of the property submits to the local gover nment a written request for the transfer of the plan and an authorized statement of financial responsibility and ownership. b. The Administrator finds all of the following: 1. The plan holder is one of the following: i. A natural person who is deceased. ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved. iii. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. iv. A person who has sold the property on which the permitted activity is occurring or will occur. 2. The successor-owner holds title to the property on which the permitted activity is occurring or will occur. 3. The successor-owner is the sole claimant of the right to engage in the permitted activity. 4. There will be no substantial change in the permitted activity. 2. The plan holder shall comply with all terms and conditions of the plan until such time as the plan is transferred. 3. The successor-owner shall comply with all terms and conditions of the plan once the plan has been transferred. 4. Notwithstanding changes to law made after the original issuance of the plan, the Administrator may not impose new or different terms and conditions in the plan without the prior express consent of the successor-owner. Nothing in this subsection shall prevent the Administrator from requiring a revised plan pursuant to G.S. 113A - 54.1(b). K. Notice of Activity Initiation No person may initiate a land-disturbing activity before notifying the Administrator of the date that land-disturbing activity will begin. L. Pre-construction Conference The contractor or financially responsible party shall contact the Erosion Control Administrator to set up a pre-construction meeting on site. Plans will need to be present at the pre-construction conference, where Iredell County will stamp it approved and issue a Certificate of Approval. Any construction prior to the pre - 25 November 19, 2019 construction meeting will be considered work without an approved plan and in violation of this ordinance. (amended 7/17/12, TA-2012-01) M. Display of Plan Approval A plan approval issued under this article shall be prominently displayed until all construction is complete, all permanent sedimentation and erosion control measures are installed and the site has been stabilized. A copy of the approved plan shall be kept on file at the job site. N. Required Revisions After approving a plan, if the Administrator either upon review of such plan or on inspection of the job site, determines that a signi ficant risk of accelerated erosion or off-site sedimentation exists, the Administrator shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. If following commencement of a land-disturbing activity pursuant to an approved plan, the Administrator determines that the plan is inadequate to meet the requirements of this ordinance; the Administrator may require any revision of the plan that is necessary to comply with this ordinance. O. Amendment to a Plan Applications for amendment of a plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Administrator, the land-disturbing activity shall NOT proceed except in accordance with the plan as originally approved. P. Failure to File a Plan Any person engaged in land-disturbing activity that fails to file a plan in accordance with this ordinance, or who conducts a land-disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of this ordinance. Q. Self-Inspections The landowner, the financially responsible party, or the landowner’s or financia lly responsible party’s agent shall perform an inspection of the area covered by the plan after one (1) inch of rain fall, after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspection shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspec tions required by this subsection shall be in addition to inspections required by G.S. 113A-61.1. These self-inspection reports are subject to review by Iredell County when requested at the time of inspection. (amended 7/17/12, TA-2012-01) Where inspections are required by Section 9.6.13 6.III.Q of this Ordinance and G.S. 113A-54.1(e), the following apply: 26 November 19, 2019 1. The person who performs the inspection shall make a record of the site inspection by documenting the following items: a. all of the erosion and sedimentation control measures, practices and devices, as called for in a construction sequence consistent with the approved erosion and sedimentation control plan, including but not limited to sedimentation control basins, sedimentation traps, sedimentation ponds, rock dams, temporary diversions, temporary slope drains, rock check dams, sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy dissipaters, and stabilization methods of open channels, have initially been installed and do not significantly deviate (as defined in Sub-item (1)(e) of this Rule) from the locations, dimensions and relative elevations shown on the approved erosion and sedimentation plan. Such documentation shall be accomplished by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection report that lists each measure, practice or device shown on the approved erosion and sedimentation control plan. This documentation is required only upon the initial installation of the erosion and sedimentation control measures, practices and devices as set forth by the approved erosion and sedimentation control plan or if the measures, practices and devices are modified after initial installation; b. the completion of any phase of grading for all graded slopes and fills shown on the approved erosion and sedimentation control plan, specifically noting the location and condition of the graded slope s and fills. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection report; c. the location of temporary or permanent ground cover, and that the installation of the ground cover does not significantly deviate (as defined in Sub-item (1)(e) of this Rule) from the approved erosion and sedimentation control plan. Such documentation shall be accomplished by initialing and dating a copy of th e approved erosion and sedimentation control plan or by completing, dating and signing an inspection report; d. that maintenance and repair requirements for all temporary and permanent erosion and sedimentation control measures, practices and devices have been performed. Such documentation shall be accomplished by completing, dating and signing an inspection report (the general storm water permit monitoring form may be used to verify the maintenance and repair requirements); and e. any significant deviations from the approved erosion and sedimentation control plan, corrective actions required to correct the deviation and completion of the corrective actions. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control plan or by completing, dating and signing an inspection report. A significant 27 November 19, 2019 deviation means an omission, alteration or relocation of an erosion or sedimentation control measure that prevents the measure from performing as intended. 2. The documentation, whether on a copy of the approved erosion and sedimentation control plan or an inspection report, shall include the name, address, affiliation, telephone number, and signature of the person conducting the inspection and the date of the insp ection. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control plan shall occur on a single copy of the plan and that plan shall be made available on the site. Any inspection reports shall also be made available on the site. 3. The inspection shall be performed during or after each of the following phases of a plan: a. installation of perimeter erosion and sediment control measures; b. clearing and grubbing of existing ground cover; c. completion of any phase of grading of slopes or fills that requires provision of temporary or permanent ground cover pursuant to G.S. 113A-57(2); d. completion of storm drainage facilities; e. completion of construction or development; and f. quarterly until the establishment of permanent ground cover sufficient to restrain erosion or until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved and the agency that approved the plan has been notified. If the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control plan has been approved, the new owner or person in control shall conduct and document inspections quarterly until the establishment of permanent ground cover sufficient to restrain erosion. SECTION 7 Basic Control Objectives An Erosion and Sedimentation Control Plan may be disapproved if the Plan fails to address the following control objectives: A. Identify Critical Areas On-site areas that are subject to severe erosion, and off -site areas that are especially vulnerable to damage from erosion and/or sedimentation, are to be identified and r eceive special attention. B. Limit Time of Exposure All land-disturbing activities are to be planned and conducted to limit exposure to the shortest feasible time. 28 November 19, 2019 C. Limit Exposed Area All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. D. Control Surface Water Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. E. Control Sedimentation All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage. F. Manage Storm Water Runoff When the increase in the velocity of storm water runoff resulting from a land -disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, a plan is to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. SECTION 8 Design and Performance Standards Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activities. No land -disturbing activity subject to the control of this ordinance shall be undertaken except in accordance with the following mandatory standards: A. Maximum Peak Rate of Runoff Except as provided in Section 5 B2 of this ordinance, erosion and sedimentation control measures, structures, and devices shall be planned, designed, and constructed to provide protection from the calculated maximum peak rate of runoff from the ten -year storm. Runoff rates shall be calculated using the procedures included in but NOT limited to the “North Carolina Erosion and Sediment Control Planning and Design Manual”. B. HQW Zones In High Quality Water (HQW) zones the following design standards shall apply: 1. Limit on Uncovered Area Uncovered areas in HQW zones shall be limited at any time to a maximum total area of twenty acres within the boundaries of the tract. Only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Administrator. 2. Maximum Peak Rate of Runoff Protection Erosion and sedimentation control measures, structures, and devices within HQW zones shall be planned, designed and constructed to provide protection from the runoff of the twenty - five year storm which produces the maximum peak rate of runoff as calculated according to procedures in the “North Carolina Erosion and Sediment Control Planning and Design Manual” or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. 3. Settling Efficiency Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least seventy percent (70%) for the forty (40) micron (0.04 millimeter) size soil particle transported into the basin by the runoff of that two year storm which 29 November 19, 2019 produces the maximum peak rate of runoff as calculated according to procedures in the “North Carolina Erosion and Sediment Control Planning and Design Manual” or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. 4. Grade Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one vertical if a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. 5. Ground Cover Ground cover sufficient to restrain erosion must be provided for any portion of a land - disturbing activity in a HQW zone within seven (7) days. Table H-8.1 Stabilization Timeframes Site Area Description Stabilization Timeframe Exceptions Perimeter dikes, swales, ditches, and slopes 7 days None High Quality Water (HQW) Zones 7 days None Slopes steeper than 3:1 7 days If slopes are 10’ or less in length and are not steeper than 2:1, 14 days are allowed. Slopes 3:1 or flatter 14 days 7 days for slopes greater than 50’ in length. All other areas with slopes flatter than 4:1 14 days None, except for perimeters and HQW Zones. (amended 7/17/12, TA-2012-01) SECTION 9 Storm Water Outlet Protection A. Intent Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity. B. Performance Standard Persons shall conduct land-disturbing activity so that the post construction velocity of the 10-year storm runoff in the receiving watercourse to the discharge point does NOT exceed the greater of: 1. The velocity established by the Maximum Permissible Velocities Table set out within this subsection; or 2. The velocity of the 10-year storm runoff in the receiving watercourse prior to development. 3. If condition (1) or (2) cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the “prior to development” velocity by ten percent (10%). 30 November 19, 2019 Table H-9.1 Maximum Permissible Velocities for storm water discharges in feet per second (F.P.S.) and meters per second (M.P.S.) Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. (amended 7/17/12, TA-2012-01) C. Acceptable Management Measures Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The County recognizes that the management of storm water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while NOT exhaustive, are to: 1. Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious; 2. Avoid increases in storm water discharge velocities by using vegetated or roughened swales and waterways in place of closed drains and high velocity paved sections: 3. Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge; 4. Protect watercourses subject to accelerated erosion by improving cross sections and/or providing erosion-resistant lining; and Material F.P.S. M.P.S. Fine sand (noncolloidal) 2.5 0.8 Sandy loam (noncolloidal) 2.5 0.8 Silt loam (noncolloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (noncolloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (noncolloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Coarse gravel (noncolloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 31 November 19, 2019 5. Upgrade or replace the receiving device structure or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity. D. Exceptions This rule shall NOT apply where it can be demonstrated to the C ounty that storm water discharge velocities will NOT create an erosion problem in the receiving watercourse. SECTION 10 Borrow and Waste Areas When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are NOT regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Department’s Division of Waste Management shall be c onsidered as part of the land-disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land-disturbing activity is NOT also the person obtaining borrow and/or disposing of the waste, the areas shall be considered a separate land- disturbing activity. SECTION 11 Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. SECTION 12 Operations in Lakes or Natural Watercourses Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream flow characteristics. SECTION 13 Responsibility for Maintenance During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this Ordinance, the Act, or any order adopted pursuant to this ordinance or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a r oad or street right-of-way or easement accepted for maintenance by a governmental agency. SECTION 14 Additional Measures A. Whenever the County determines that significant erosion and sedimentation is occurring as a result of land-disturbing activity, despite application and maintenance of protective 32 November 19, 2019 practices, the person conducting the land-disturbing activity will be required to and shall take additional protective action. B. On any project where there is more than 1 acre of drainage going to an erosion control measure, a surface dewatering device will need to be installed to this measure. Refer to Section II.B.4 of the NPDES Construction Stormwater General Permit NCG010000 for further information. (amended 7/17/12, TA-2012-01) SECTION 15 Existing Uncovered Areas A. All uncovered areas existing on the effective date of this ordinance which resulted from land-disturbing activity, exceed one (1) acre (one half (1/2) acre or greater in a water supply watershed area), are subject to continued accelerated erosion, and are causing off-site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to restrain accelerated erosion and control off-site sedimentation. B. The County shall serve upon the landowner or other person in possession or control of the land a written notice to comply with the Act, this ordinance, a rule or order adopted or issued pursuant to the Act by the North Carolina Sedimentation Control Commission or by Iredell County. The notice to comply shall be sent by registered or certified mail, return receipt requested, or other means provided in GS 1A-1, Rule 4. The notice will set forth the measures needed to comply and will state the time within which such meas ures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice should take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. C. The County reserves the right to require preparation and approval of an Erosion Control Plan in any instance where extensive control measures are required. D. This rule shall NOT require ground cover on cleared land forming the future basin of a planned reservoir. SECTION 16 Fees A. The County may establish a fee schedule for the review and approval of Plans. B. In establishing the fee schedule, the County shall consider the administrative and personnel costs incurred for reviewing the Plans and for related compliance activities. SECTION 17 Plan Appeals A. Except as provided in Section 17 B of this ordinance, the appeal of a disapproval or approval with modifications of a Plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed Plan by the County shall entitle the person submitting the Plan to a public hearing if such person submits written demand for a hearing within fifteen (15) days after receipt of written notice of disapproval or modifications. 33 November 19, 2019 2. The Board of Adjustment shall, pursuant to this section, conduct a hearing within sixty (60) days of the date of a timely written request for a hearing. If a hearing is NOT conducted within sixty (60) days of the date of a timely written request for a hearing, then the appeal will be found in favor of the appellant. 3. The Board of Adjustment will render its final decision on any Plan following the completion of the hearings. 4. If the Board of Adjustment upholds the disapproval or modification of a proposed Plan following the hearing, the person submitting the Plan shall then be entitled to appeal the County’s decision to the Sedimentation Control Commission as provided in G.S. 113A-61(c) and 15A NCAC 4B .0118(d). B. In the event that a Plan is disapproved pursuant to Section 6.III.I of this ordinance, the applicant may appeal the County’s disapproval of the plan directly to the Commission. SECTION 18 Inspections and Investigations A. Inspection Agents, officials, or other qualified persons authorized by the County will periodically inspect land-disturbing activities to ensure compliance with the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance, and to determine whether the measures required in the Plan are effective in controlling erosion and sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be included in the certificate of approval of each Plan. B. Willful Resistance, Delay or Obstruction No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the County, while that person is inspecting or attempting to inspect a land - disturbing activity under this section. C. Notice of Violation If the County determines that a person en gaged in land-disturbing activity has failed to comply with the Act, this ordinance, or rules, or orders adopted or issued pursuant to this ordinance, a notice of violation shall be served upon that person. The notice may be served by any means authorized under GS 1A-1, Rule 4. The notice shall specify a date by which the person must comply with the Act, or this ordinance, or rules, or orders adopted pursuant to this ordinance, and inform the person of the actions that need to be taken to comply with the Act, this ordinance, or rules or orders adopted pursuant to this ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this ordinance. D. Investigation The County shall have the power to conduct such investigation as it may reasonably deem necessary to carry out its duties as prescribed in this ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land -disturbing activity. E. Statements and Reports The County shall also have the power to require written statements, or filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity. 34 November 19, 2019 SECTION 19 Penalties If the owner or occupant of a property fails to comply with a Notice of Violation from which no appeal has been taken, or a final decision following an appeal, the owner shall be subj ect to such remedies as may be provided for by State law or by Section 1.7 of the Code of Iredell County through the procedure detailed below: I. Civil Penalties A. Civil Penalty for a Violation Any person who violates any of the provisions of this ordinance, or rule or order adopted or issued pursuant to this ordinance, or who initiates or continues a land-disturbing activity for which a Plan is required except in accordance with the terms, condi tions, and provisions of an approved Plan, is subject to a civil penalty. The maximum civil penalty amount the County may assess per violation is five thousand dollars ($5,000.00). The minimum civil penalty that the County shall assess per violation is tw o hundred fifty dollars ($250) for the first disturbed acre and one hundred dollars ($100) for each subsequent disturbed acre rounded up to the next whole acre. For water supply watershed sites under one (1) acre, the minimum civil penalty is one hundred dollars ($100). A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land-disturbing activity for which the erosion and sedimentation control plan is required is twenty-five thousand dollars ($25,000). B. Civil Penalty Assessment Factors In the event of a land-disturbing activity violation the Administrator shall assess the amount of the civil penalty based upon the following factors: 1. The degree and extent of harm caused by the violation, 2. The cost of rectifying the damage, 3. The amount of money the violator saved by noncompliance, 4. Whether the violation was committed willfully, and 5. The prior record of the violator in complying or failing to comply with this ordinance. C. Notice of Civil Penalty Assessment The Administrator shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4. A notice of assessment shall direct the violator to either pay the assessment, contest the assessment of any fine within fifteen (15) days after the receipt of the notice in writing to the Board of Adjustment, or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contes ted case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. The Board of Adjustment shall hear an appeal within a reasonable time, and it may affirm, modify, or revoke the Notice of Violation. In the absence of an appeal, the decision of the Administrator shall be final. 35 November 19, 2019 D. Final Decision The final decision on contested assessments shall be made by the Board of Adjustment in accordance with this Ordinance. E. Appeal of Final Decision Appeal from the final decision of the Board of Adjustment shall be to the Superior Court of Iredell County where the violation occurred. Such appeals must be made within thirty (30) days of the final decision of the Board of Adjustment. F. Collection If payment is NOT received within thirty (30) days after it is due, the County may institute a civil action to recover the amount of the assessment. The civil action may be brought in the Superior Court of Iredell County. Such civil actions must be filed within three (3) years of the date the assessment was due. An assessment that is NOT contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. G. Credit of Civil Penalties Civil penalties collected pursuant to this ordinance shall be credited to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection costs by each County for the prior fiscal year. [Note: Case law on an air quality delegated program determined that civil penalties assessed by local governments pursuant to a State delegation had to be remitted to the Civil Penalty and Forfeiture Fund for the benefit of the local school boards pursuant to the State Constitution’s provision on State penalties, fines and forfeitures.] II. Criminal Penalties Any person who knowingly or willfully violates any provision of this ordinance, or rule or order adopted or issued pursuant to this ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor which may include a fine NOT to exceed $5,000 as provided in G.S. § 113A- 64. SECTION 20 Final Certificate of Occupancy With regard to a land disturbing activity that is associated with the development of any tract that is subject to this Ordinance, the Code Enforcement Department shall NOT issue a Certificate of Occupancy where any of the following conditions exist: 1. There is a violation with respect to the tract. 2. If there remain due and payable civil penalties to Iredell County that have been levied against the person conducting the land-disturbing activity for violation(s) of this Ordinance. If a penalty is under appeal, the Board of Adjustment may require the amount of the fine, and any other amount that the person would be required to pay to comply 36 November 19, 2019 with this Ordinance if the person loses the appeal, to be placed in a refundable account or surety prior to issuing the Certificate of Occupancy. 3. The requirements of the approved erosion and sedimentation control plan have NOT been completed and the building for which a Certificate of Occupancy is requested is the only building then under construction on the tract. 4. On the tract which includes multiple buildings on a single parcel, the requirements of the plan have NOT been completed and the building for which a Certificate of Occupancy is requested is the last building then under construction on the tract. 5. On a tract which includes multiple parcels created pursuant to the applicable subdivision regulations, the requirements of the plan have NOT been completed with respect to the parcel for which the Certificate of Occupancy is requested. SECTION 21 Stop Work Orders and Building Permit Abeyance In the event of an illegal land disturbing activity the Administrator may order work on a project to be immediately stopped. This may be done in the form of a stop work order or by withholding building permits associated with the project in abeyance. The stop work order shall be in writing and directed t o the owner, occupant, or person doing the work. The stop order shall state the specific work to be stopped, the specific reasons for the stoppage, and the conditions under which the work may be resumed. Such action shall be in accordance with N.C.G.S. 160A-421 or 153-361, as applicable, or the NC Building Code. SECTION 22 Injunctive Relief A. Violation of Local Program Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate any ordinance, rule, regulation or order adopted or issued by the County or any term, condition, or provision of an approved Plan, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the nam e of the County for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Iredell County Superior Court. B. Abatement of Violation Upon determination by a court that an alleged violation is occurring or is th reatened, the court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall NOT relieve any party to the proceedings from any civil or criminal penalty prescribed for violations of this ordinance. The County shall issue no building, zoning, or environmental permits to the violator until such violation is abated. SECTION 23 Restoration After Non-Compliance The County 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 37 November 19, 2019 sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this ordinance. SECTION 24 Severability If any section or section or sections of this ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. SECTION 25 Effective Date This ordinance becomes effective upon adoption. SECTION 26 Adoption Certification I hereby certify that this is a true and correct copy of the Soil Erosion and Sediment Control Ordinance as adopted by the Board of Commissioners of Iredell County, North Carolina, on the ___ day of _____________________, 2019. WITNESS my hand and the official seal of Iredell County, this the nineteenth _____ day of _____________________, 2019. ________________________________ (signature) (amended __/__/____, TA-2019-__) **** ADMINISTRATIVE MATTERS County Manager Beth Jones summarized the items that were placed on the consent agenda as follows:  Request from Planning & Development, on behalf of Brian Thompson, for approval of the release of 75% of the value of an $8,125 cash bond on a recently completed stormwater control pond located at 1214 River Highway.  Request from Planning & Development, on behalf of Peter Cai, for approval of the release of the remaining $25,000 cash bond on a stormwater control pond located at 1264 River Highway.  Request from Planning & Development for approval of a resolution to formally support the 2020 Census.  Request from Emergency Management for approval of budget amendment #11 in order to accept a Homeland Security Grant Program (HSGP) award in the amount of $18,000.  Request from Tax Administration for approval of October Refunds and Releases.  Request from Administration for approval of amendments to the Board of Commissioners' Rules of Procedure.  Request from Clerk to the Board for approval of the minutes from the meeting on November 5, 2019. 38 November 19, 2019 MOTION by Commissioner Norman to approve the consent agenda. VOTING: Ayes – 5; Nays – 0 Request from the Finance Department to provide an Introduction of 2020 Referendum Bond Orders, authorize issuance of sworn statement of debt and statement of estimated interest, and consider to call for a public hearing on December 3, 2019 on said orders: Finance Director Deb Cheek said the Commissioners have already started to take action on a Bond Referendum for March 2020 and this is the next step in the process. Cheek requested issuance of the Bond Order in a two-step process. Chairman Mallory said there are four action items. Chairman Mallory read the following Orders. The Board of Commissioners for the County of Iredell, North Carolina met in a regular meeting in the Commissioners’ Meeting Room of the Iredell County Government Center located at 200 South Center Street in Statesville, North Carolina, the regular place of meeting, at 7:00 p.m. on November 19, 2019. Present: Chair James B. Mallory III, presiding, Vice Chair Tommy Bowles, Commissioner Houpe, Commissioner Norman, Commissioner Robertson. Absent: Also present: County Manager Beth Jones, County Attorney Lisa Valdez, and Clerk to the Board Amy Anderson * * * * * Chairman Mallory introduced the following order authorizing bonds the title of which was read and a copy of which had been distributed to each Commissioner: ORDER AUTHORIZING $115,500,000 SCHOOL BONDS BE IT ORDERED by the Board of Commissioners for the County of Iredell, North Carolina: 39 November 19, 2019 1. That, pursuant to The Local Government Bond Act, as amended, the County of Iredell, North Carolina is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof to issue School Bonds in an aggregate principal amount not exceeding $115,500,000 for the purpose of providing funds, together with any other available funds, for acquiring, constructing and equipping school buildings and other school facilities in said County, including, without limitation, (a) the construction of a new high school, and the acquisition of related land, rights of way and equipment for the Iredell-Statesville Schools Board of Education and (b) the construction of a new middle school, and the acquisition of related land, rights of way and equipment for the Mooresville Graded School District. 2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said bonds. 3. That a sworn statement of debt of said County has been filed with the Clerk to the Board of Commissioners for said County and is open to public inspection. 4. That this order shall take effect when approved by the voters of said County at a referendum as provided in said Act. Thereupon, upon MOTION of Commissioner Houpe the order entitled “ORDER AUTHORIZING $115,500,000 SCHOOL BONDS” was adopted upon introduction by the following vote: Ayes: Mallory, Bowles, Norman, and Robertson Noes: Thereupon, Chairman Mallory introduced the following order authorizing bonds the title of which was read and a copy of which had been distributed to each Commissioner: ORDER AUTHORIZING $10,500,000 COMMUNITY COLLEGE BONDS BE IT ORDERED by the Board of Commissioners for the County of Iredell, North Carolina: 40 November 19, 2019 1. That, pursuant to The Local Government Bond Act, as amended, the County of Iredell, North Carolina is hereby authorized to contract a debt, in addition to any and all other debt which said County may now or hereafter have power or authority to contract, and in evidence thereof to issue Community College Bonds in an aggregate principal amount not exceeding $10,500,000 for the purpose of providing funds, together with any other available funds, for acquiring, constructing, renovating, expanding, improving and equipping various community college facilities for Mitchell Community College. 2. That taxes shall be levied in an amount sufficient to pay the principal of and the interest on said bonds. 3. That a sworn statement of debt of said County has been filed with the Clerk to the Board of Commissioners for said County and is open to public inspection. 4. That this order shall take effect when approved by the voters of said County at a referendum as provided in said Act. Thereupon, upon motion of Commissioner Houpe the order entitled “ORDER AUTHORIZING $10,500,000 COMMUNITY COLLEGE BONDS” was adopted upon introduction by the following vote: Ayes: Mallory, Bowles, Norman, and Robertson Noes: The Board of Commissioners thereupon designated the Director of Finance to make and file with the Clerk to the Board, the sworn statement of debt of said County which is required by The Local Government Bond Act, as amended, to be filed after the bond orders have been introduced and before the public hearing thereon. The Board of Commissioners also designated the Director of Finance to file with the Clerk to the Board the statement of total estimated interest which is required by The Local Government Bond Act, as amended, to be filed with the Clerk to the Board at the time the bond orders are introduced and further directed the Clerk to the Board to file a copy of such statement with the Local Government Commission. Thereupon, the Clerk to the Board presented the sworn statement of debt and the statement of total estimated interest previously delivered to the Clerk to the Board by the Director of Finance as so required. 41 November 19, 2019 On motion duly made and carried, the Board of Commissioners for said County fixed 7:00 p.m. on December 3, 2019, in the Commissioners’ Meeting Room of the Iredell County Government Center located at 200 South Center Street in Statesville, North Carolina, as the hour, day and place for the public hearing upon the foregoing orders and directed the Clerk to the Board of Commissioners to publish said orders, as required by The Local Government Bond Act, as amended, once in the Statesville Record & Landmark not later than the sixth day before said date. * * * * * I, Amy Anderson, Clerk to the Board of Commissioners for the County of Iredell, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of the recorded minutes of said Board for said County at a regular meeting held on November 19, 2019, said record having been made in the minutes of said Board, and is a true copy of so much of said proceedings of said Board as relates in any way to the introduction and adoption on introduction of orders authorizing bonds of said County and the calling of a public hearing upon such orders. I DO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was given as required by North Carolina law. Statement of Debt Cheek explained as Finance Director she is required to certify the Sworn Statement of Debt. This is the bonded debt. Currently, the outstanding bonded debt is $132,715,000. The proposed bonds are $126,000,000. There are bonds that have been authorized but issued of $8.1 million, giving a total $266,845,000 in principal debt. In 2015, the County issued qualified school construction bonds and that has a payment of the 20 years of $12,700,000. The County is making escrow payments into a fund so at the end of that time the money will be set aside. Currently, there is $1,593,000 set aside for that payment making the County’s gross net debt $265,251,546. Staff does a calculation of the assessed value ($23.5 billion) and put the gross debt against that number. The debt margin is 1.13%. Cheek said the legal debt margin is up to 8% making the County well below the debt percentage allowed. Cheek said the County is now required to estimate interest that will be paid on the bonds. Cheek estimated the interest on the principal of $126,000,000 over the term of those bonds of $65,646,000 to be paid. Interest was projected at a conservative rate of 5%. These items will be filed with the Clerk to the Board. MOTION by Vice Chairman Bowles to acknowledge that the sworn statement of debt and statement of estimated interest has been filed with the Clerk to the Board. VOTING: Ayes – 5; Nays – 0 Call for Public Hearing on December 3, 2019 and Direct the Publication of Notice of said public hearing. MOTION by Commissioner Norman to call for a public hearing on December 3, 2019 and direct publication of the notice of said public hearing. VOTING: Ayes – 5; Nays – 0 ANNOUNCEMENT OF VACANCIES OCCURING ON BOARDS & COMMISSIONS 42 November 19, 2019 Board of Equalization & Review - 6 appointments Board of Health - 7 appointments Charlotte Regional Partnership - 1 appointment Personnel Advisory Committee - 3 appointments Recreation Advisory Board - 4 appointments Transportation Advisory Board - 7 appointments Zoning Board of Adjustment - 4 appointments Chairman Mallory noted that anyone can apply for the positions on the County website. Individuals serving on boards and commissions who would like to be reappointed would get a priority examination by the Board. That must be in compliance with the individual boards or commissions’ rules relative to term limits. APPOINTMENTS TO BOARD AND COMMISSIONS Centralina Economic Development District Board of Directors: Jenn Bosser and Beth Jones have volunteered to serve. MOTION by Commissioner Robertson to appoint Jenn Bosser and Beth Jones. VOTING: Ayes – 5; Nays – 0 Juvenile Crime Prevention Council: Teresa Lazenby has volunteered to serve as the Social Services representative. According to JCPC’s bi-laws, qualified persons must fulfill certain positions on the Council. Although council prefers the Board’s approval, it is not required. MOTION by Commissioner Norman to appoint Teresa Lazenby. VOTING: Ayes – 5; Nays – 0 UNFINISHED BUSINESS (None) PUBLIC COMMENT PERIOD Commissioner Houpe said David Taylor was signed up to speak but needed to leave. Before leaving his mother handed the Clerk to the Board a letter to the Board. Chairman Mallory asked Commissioner Houpe to read Taylor’s letter. Commissioner Houpe read the following: My name is David Taylor, Jr. 1919 Cunningham Drive Statesville, NC 28625 I want to ask you all to set up a committee that reports to the Board call Disability Committee. It will work on issues that are important to persons with disability and report it to the Board. 43 November 19, 2019 All issues are about Persons with Disability. ADA issues, Safety crossing streets, parking, side walk and curb cuts, voting done right for persons with disability, safety vest for day and night to cross streets. Please set one up. You do not have a point person, ADA Coordinator to over see ADA issues or concerns. Most places have one for the county and then one per division like transportation, building, HR, and so on. You have one HR – ADA person. There is a training in Raleigh December 17 that is FREE on ADA. You must have a self-advocate do with you and I will be glad to be Iredell County self-advocate. I have been thru the National ADA Coordinator training. I need to know by Thursday if you would like to do this training, it is free. Next, I would like to work with the Board of Elections to get Disability Voting and Parking done right. The Primary is March 2020. I am on the SABE GOVOTER Project for the National Disability Rights and I have the survey for the last President election with the things that were done wrong so we could correct those mistakes now, before the primary. I would like to share with the Board of elections the results in this survey. I would like to train them on disability voting and how to work with persons with disability and support staff and disability etiquette. Please partner with me to get this done and inspections of voting precincts/locations. **** Commissioner Houpe said Mr. Taylor and his mother have identified issues periodically over several years regarding voting locations. Board of Elections Director Becky Galliher and staff have been diligent to correct all of the issues. Houpe expressed appreciation to Taylor for being an advocate for voting and making the County aware of any issues. NEW BUSINESS (None) COUNTY MANAGER’S REPORT County Manager Beth Jones gave an update on the following items:  Thanked the Board for a very successful and productive Fall Retreat on Friday, November 15, 2019. Task force meetings will start soon in order to gear up for the Winter Retreat.  County offices closed will be closed November 28 & 29, 2019 in observance of Thanksgiving. CLOSED SESSION (None) 44 November 19, 2019 ADJOURNMENT MOTION by Commissioner Norman to adjourn at 8:11PM. The next regular meeting will be December 3, 2019, 5:00 PM, in the Commissioners’ Meeting Room, Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes – 5; Nays – 0 __________________________________ ___________________________________ Date Approved Amy B. Anderson, Clerk