ORDINANCE - Extending a Temporary Moratorium on Oil and Gas Development and Mining within Lee County, NC 11-13-17

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programs, the existing Unified Development Ordinance, and other ordinances, giving consideration to the particular natural and man made environment of Lee County. Section 12-07. Action and Schedule. a) Studies. The Board of Commissioners will continue to work with Charles Yuill to complete a study regarding fracking and other oil and gas development activities and their impacts on the natural, man-made, and social environments and its economic benefits and costs. This study will be completed within the first six months of the extended moratorium and will include the consultant's conclusion as to whether additional time is needed for thorough study. The consultant will also be tasked to further study Lee County and to analyze state and federal regulatory programs and to prepare a report for the Board regarding the full range of expected impacts on Lee County, including financial impacts. The study will include the most current analysis of impacts in localities similar to Lee County in other states and the effectiveness of local ordinances in managing those impacts. The comprehensive update to the county -wide Land Use Plan is expected to be completed within the first three months of the moratorium. The consultants were tasked with reviewing mining and extraction uses and they have identified areas appropriate for mining and oil and gas extraction and have recommended that updates to our Unified Development Ordinances will need to be adopted. b) Update Unified Development Ordinance. Upon completion and on the basis of the aforementioned update to the county -wide land use plan, the Board intends to update the County's LIDO to incorporate new and expanded regulations to address and manage mining and extraction land uses. Revisions to the LIDO are estimated to take six to nine months. Lee County hopes to work in conjunction with Chatham County to develop these regulations. 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 a permitting process by the County establishing standards and conditions to address any impacts of oil and gas development activity, (b) an extended 24 months from the date the original Ordinance adopted on December 7, 2015 expired, provided that, if at the end of the 24 month period the Board determines, based on advice of its