Apex enforces erosion and sedimentation controls under the NC Sedimentation Pollution Control Act of 1973 (NCGS Chapter 113A, Article 4) and the Apex Soil and Erosion Control Ordinance. An approved Erosion Control Plan is required for any land-disturbing activity exceeding 20,000 square feet — significantly lower than the 1-acre state floor under NCGS 113A-50 et seq. The application fee is $600 per disturbed acre with no maximum, plus a $2,500 per disturbed acre performance guarantee. Proper erosion control measures are required for every construction site regardless of size, including single-family residences. Program contact: James Misciagno, CES, CPESC, Stormwater Field Services Supervisor.
Erosion control in Apex is administered by the Town's Stormwater Field Services Supervisor under a delegated authority from the NC Sedimentation Control Commission. State law (NCGS 113A-54.1 and 15A NCAC 04B) requires an erosion and sedimentation control plan for any land-disturbing activity that uncovers more than one acre. Apex has adopted a lower local threshold of 20,000 square feet (approximately 0.46 acre) — every site at or above that threshold needs a written Erosion Control Plan approved by Town staff before any clearing or grading begins. Plan submittal requires the Financial Responsibility/Ownership Form (NCGS 113A-54.1(d)), a written sequence of construction, a site plan showing all sediment and erosion control measures, calculations for sediment basins sized to the 25-year 24-hour storm, and certification by a qualified design professional. Fees are $600 per disturbed acre (rounded to the nearest 1/10 acre, no maximum), plus a performance guarantee of $2,500 per disturbed acre posted as a certified check, cash, or irrevocable letter of credit before the Letter of Soil and Erosion Plan Approval is issued. Design specifications follow Section 400 of the Town's Standard Specifications and Standard Details. Even single-family-residence projects below the 20,000 sq ft trigger must install basic measures — silt fence at the down-gradient perimeter, inlet protection at every storm drain, a vehicle tracking control pad at site egress, and stabilized stockpiles. For projects of 1 acre or more (or smaller sites that are part of a larger common plan), the contractor must also obtain coverage under the NC DEMLR NPDES Construction General Permit NCG010000 and maintain the SWPPP on site. Apex's location in the Jordan Lake Upper New Hope subwatershed and the Swift Creek TMDL watershed makes sediment control especially consequential — sediment delivered to Beaver Creek, Middle Creek, or other Jordan Lake tributaries adds to the reservoir's existing nutrient/turbidity impairment.
Erosion and sediment control violations are enforced under NCGS 113A-64 by the Stormwater Field Services Supervisor. Civil penalties of up to $5,000 per day per violation are available under NCGS 113A-64(a)(2), with each day a violation continues counted separately. Other remedies include Stop Work orders under the Apex UDO and NCGS 160D-404, mandatory restoration at the violator's expense, withholding of the Certificate of Occupancy, and forfeiture of the $2,500-per-acre performance guarantee. Sites of 1 acre or more operating without an active NCG010000 NPDES Construction General Permit face additional NC DEMLR enforcement under NCGS 143-215.6A with civil penalties up to $25,000 per day. Repeated or willful violators may face misdemeanor criminal charges under NCGS 113A-64(b).
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Apex, NC
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Apex, NC
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Apex, NC
Rainwater harvesting is legal and encouraged in Apex. North Carolina state law prohibits local governments from banning cisterns and rain barrels used for ir...
Apex, NC
Apex UDO Sec. 4.5.6 permits one Accessory Apartment per single-family lot. Attached accessory apartments have no size limit. Detached accessory apartments ar...
Apex, NC
Apex Town Code Sec. 13-62 limits Mobile Food Vendors to (a) private property with written owner permission, (b) Town-owned property with the Town Manager's w...
Apex, NC
Apex Town Code Chapter 13, Article IV (Sec. 13-60 through 13-69.5), adopted by Ordinance 2019-0305-02, requires every Mobile Food Vendor and Transient Food V...
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