(A) Preparation and presentment of application. Each applicant shall prepare the required application and all supporting documentation in a clear, succinct and professional manner so as to aid the Commission in making its determination.
(1) Each applicant is expected to carry the burden of proof in both the preparation and presentment of the application before the Commission. The Plan Commission Director will not be responsible for the preparation or presentment of any application, as that is the responsibility solely assumed by the applicant. However, the Plan Commission Director may assist any applicant in a preliminary conference, but will not be responsible for providing drawings or documentation.
(2) It is recommended, although not required, that applicants seek the assistance of counsel or other professionals who may assist them in the preparation and presentment of their application.
(B) Issuance of permit or decision by the Commission.
(1) In the event the Commission acts favorably upon all application, a permit for the intensive livestock operation shall be issued to the applicant within ten days after rendition of the final decision by the Commission. The satisfaction of contingent items required for approval shall extend the time for the issuance of the permit, which permit shall be issued ten days after final completion of all contingent and required items necessary for approval.
(2) In the event of denial by the Commission, the Commission shall issue its ruling thereon with reasons issued in writing as to the refusal within ten days from the final decision.
(C) Recording of hearings. All hearings held before the Commission under this chapter shall be tape-recorded by the Commission. A transcript of the tape-recorded testimony shall be at the expense of the applicant if a transcript is desired. In the event that an appeal is taken from a decision of the Commission, the cost of the transcript shall be borne by the applicant or person initiating the appeal.
(D) Appeal. Any person aggrieved by a decision of the Commission shall be entitled to an appeal as provided by law for appeals for decisions of the Plan Commission generally and all rules applicable thereto shall govern any appeals taken under this subchapter.
(E) Access to property; inspections. The Executive Director may inspect any building, structure, or property at any reasonable time for the purpose of administering and enforcing the provisions of this section. Inspection of the building(s), structure(s), or property shall be for the purpose of verifying number of livestock, setback distances, location of building(s), structure(s), and waste storage facilities, and location of waste application lands.
(F) Expiration of inactive permit. In the event a new or existing permit is not utilized for a continuous period of two years, then the intensive livestock permit shall expire. In the case of a new permit, if construction of facilities is not substantially complete and intensive operations begun within the two-year period, the permit shall expire, unless an extension of up to one additional year is requested and granted by the Plan Commission Director.
(Ord. 466, § 2-16.5-8, passed 5-11-98) Penalty, see § 152.999