§ 266. Sedimentation and Erosion Control.

(a)

No zoning, special use, or conditional use permit may be issued and final plat approval for subdivisions may not be given with respect to any development that would cause land disturbing activity requiring prior approval of an erosion and sedimentation control plan by the N.C. Sedimentation Control Commission under G.S. 113A-57(4) unless the commission has certified to the town, either that:

(1)

An erosion control plan has been submitted to and approved by the commission; or

(2)

The commission has examined the preliminary plans for the development and it reasonably appears that an erosion control plan can be approved upon submission by the developer of more detailed construction or design drawings. However, in this case, construction of the development may not begin (and no building permits may be issued) until the commission approves the erosion control plan.

(b)

For purposes of this section, "land disturbing activity" means any use of the land by any person in residential, industrial, educational, 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 except activities that are exempt under G.S. 113A-52(6)). Sedimentation occurs whenever solid particulate matter, mineral or organic, is transported by water, air, gravity, or ice from the site of its origin.

(c)

Except where a larger buffer area is required for developments located in Watershed Overlay Districts (Section 180.9(e)), all developments shall maintain a twenty-five-foot vegetated buffer along each side of a stream or natural drainageway. The twenty-five-foot distance shall be measured from the top edge of the streambank or drainageway. If no drainageway bank exists, the centerline of the drainageway swale shall be used for measurement purposes. The vegetated buffer shall remain undisturbed except as may be necessary to accommodate roads (provided they cross at a horizontal angle of at least sixty (60) degrees), utilities and their easements, pedestrian paths and their easements and approved water-dependent uses such as marinas, docks, piers, boat ramps and bridges. In cases in which a twenty-five-foot buffer may not be practical nor desirable, the Planning board may consider a special exception if it finds that an acceptable alternative means of handling stormwater can be achieved without maintaining a twenty-five-foot vegetated buffer.

(Ord. No. 93-9, § 1, 6-7-93; Ord. No. 01-13, § 1, 7-9-01; Ord. No. 04-06, § 1, 5-10-04)