Agenda - 11-16-15 Reg. Meeting - Laserfiche WebLink

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103 Based on public comments, the Board will finalize the ordinance and initiate the adoption procedure. Development of the ordinance and final approval is estimated to take one year. Section 12-108. Enforcement. (a) Remedies. This Ordinance may be enforced by any legal or equitable remedies available, including, but not limited to, injunctive relief. The County Manager shall have the authority to direct the County Attorney, or any such other legal counsel as may be employed, to take appropriate legal action to address any violation of this Ordinance. (b) Imposition of a civil penalty. Any person engaging in gas development activities in violation of the Ordinance shall be guilty of a misdemeao- ursuant to North Carolina General Statute, Section 14-4 and shall be subject to a fine of $ r offense. Each day that such person continues to violate this section after receiving noti�m the County Manager, his agents, or any law enforcement officer of Lep-county, that this 3 jnance has been violated shall be considered a separate and distinct,offen$e. i Section 12-109. Moratorium Expiration. The moratbr4m established by this Ordce shall expire upon the earliest of a enactment of the 2030 Land Use Plait and/or a, e�mittin rocess" the Count establishing standards and conditions ddress any impacts of, and gas developm activity, or (b) 24 months from the date this Ordinances adpftted; provided that, if at the end of the 24 -month period the Board determines, based on advice ofits cordtants, that more time is needed to develop an effective ordinance, or if material changesi aye bee ade to stateor federal regulatory programs so as to require additional study, the Board may extend this moratorium for such additional time as is necessary. Section 12-110. Limitation on Moratorium. This moratorium shall not apply to the following: (a) Any development determined to be vested pursuant to N.C. Gen. Stat. §153A-344.1 (b) Any development for which substantial expenditures have already been made in good faith reliance on valid administrative approval. Section 12-111. Severability. If any portion of this Ordinance is deemed unconstitutional or unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect. Section 12-112. Effective mate. This Ordinance shall be in full force and effect from and after adoption. ADOPTED THIS THE DAY OF 2015, BY THE LEE COUNTY BOARD OF COMMISSIONERS. Amy M. Dalrymple, Chair Lee County Board of Commissioners