ORDINANCE - Amendment #1 - Moratorium on Oil-Gas Development

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states, and the effectiveness of local ordinances in managing those impacts. This study and report should be completed within the first year of the moratorium and will include the consultant's conclusions as to whether additional time is needed for thorough study. (b) Development of Conditional Use Ordinance. Upon completion and on the basis of the study and report, the Board intends to draft a conditional use ordinance and/or other ordinances which will be coordinated with the County's 2030 Land Use Plan. The draft ordinance will be made available for public review and comment and at least one public hearing will be held. 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. To the extent allowed by law, this Ordinance may be enforced through the following remedies: (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 oil and gas development or mining activities in violation of the Ordinance shall be guilty of a misdemeanor pursuant to North Carolina General Statute, Section 14-4 and shall be subject to a fine of $500 per offense. Each day that such person continues to violate this section after receiving notice from the County Manager, his agents, or any law enforcement officer of Lee County, that this Ordinance has been violated shall be considered a separate and distinct offense. Section 12-109. Moratorium Expiration. The moratorium established by this Ordinance shall expire upon the earliest of (a) enactment of the 2030 Land Use Plan and/or a permitting process by the County establishing standards and conditions to address any impacts of oil and gas development activity, (b) to the extent the North Carolina Legislature (b) 24 months from the date this Ordinance is adopted; provided that, if at the end of the 24 -month period the Board determines, based on advice of its consultants, that more time is needed to develop an effective ordinance, or if material changes have been made to state or 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. (c) Any existing permitted mining quarry which wants to expand its activity to adjacent area. 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 Date. This Ordinance shall be in full force and effect from and after the date of adoption.