(A) Persons who wish to undertake uses designated as allowable or allowable with mitigation shall submit a request for a "no practical alternatives" determination to Cary. The applicant shall certify that the project meets all the following criteria for finding "no practical alternatives."
(1) The basic project purpose cannot be practically accomplished in a manner that would better minimize disturbance, preserve aquatic life and habitat, and protect water quality;
(2) The use cannot practically be reduced in size or density, reconfigured, or redesigned to better minimize disturbance, preserve aquatic life and habitat, and protect water quality; and
(3) Best management practices shall be used if necessary to minimize disturbance, preserve aquatic life and habitat, and protect water quality.
(B) The applicant shall also submit at least the following information in support of its assertion of "no practical alternatives":
(1) The name, address and phone number of the applicant;
(2) The nature of the activity to be conducted by the applicant;
(3) The location of the activity, including the jurisdiction;
(4) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in UTBs associated with the activity, and the extent of UTBs on the land;
(5) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the UTB, preserve aquatic life and habitat and protect water quality; and
(6) Plans for any best management practices proposed to be used to control the impacts associated with the activity.
(C) Within sixty (60) days of a complete submission, Cary shall review the entire project and make a finding of fact as to whether the criteria of this Section 14.6.9 have been met. A finding of "no practical alternatives" shall result in issuance of an Authorization Certificate. Failure to act within sixty (60) days shall be construed as a finding of "no practical alternatives" and an Authorization Certificate shall be issued to the applicant unless one of the following occurs:
(1) The applicant agrees, in writing, to a longer period;
(2) Cary determines that the applicant has failed to furnish requested information necessary to Cary's decision;
(3) The final decision is to be made pursuant to a public hearing; or
(4) The applicant refuses access to its records or premises for the purpose of gathering information necessary to Cary's decision.
(5) Cary may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of this Section 14.6.
(6) Any appeals of determinations regarding Authorization Certificates for activities in Zones One and Two shall be referred to the Stormwater Manager of the Town Managers Office, or its successor. The Stormwater Manager’s decision is subject to review as provided in G.S. Chapter 150B, Articles 3 and 4. Any appeals of determinations regarding Authorization Certificates for activities taking place only in Zone Three shall be pursuant to Sections 3.21 and 11.2 of this Ordinance.