(A)   Application.
      (1)   An application for a permit for minor development shall consist of a completed application using the applicable form adopted and approved by DCM and a check or money order, payable to the Town of Duck in the amount of $100, or as amended in 15A NCAC 07J .0204(b)(6)(B).
      (2)   Monies so collected shall only be used in the administration of the permit program, specifically including the cost of required public notices and hearing.
   (B)   Application review period. Disposition of the application by the Local Permit Officer shall take place within 25 days of receipt of a complete application, unless the Local Permit Officer gives written notice by registered mail of an additional 25 day extension as necessary for proper evaluation of the application.
   (C)   General procedure for processing an application.
      (1)   The Local Permit Officer shall return incomplete, insufficient or unauthorized applications within a reasonable time.
      (2)   The 25-day period for consideration of the application shall begin to run upon receipt of a complete application.
      (3)   The time period will continue to run in the case of an incomplete or insufficient application until the Local Permit Officer returns it, with reasons for the rejection in writing, to the applicant for correction of the deficiencies.
      (4)   The time period will begin to run again when a correct application is returned to the Local Permit Officer.
      (5)   Any application received requesting a permit for an activity that constitutes major development shall be returned by the Local Permit Officer with appropriate instructions for submitting the major permit application to the DCM.
      (6)   The Local Permit Officer shall determine from the application what other permits are required for the development. The Local Permit Officer shall inform the applicant of these other permit requirements and aid him or her in properly applying for such permits.
      (7)   The Local Permit Officer shall ordinarily make final decisions concerning the minor development permit only after he or she has determined that any other required local permits will be issued, the application is consistent with the applicable criteria set forth in G.S. § 113A-120, the standards for development set forth in 15A NCAC, Subchapters 7H and 7M, and any other applicable rules adopted by the CRC.
      (8)   When an evaluation results in none of the above findings, an unconditional approval shall be granted by the Local Permit Officer. Otherwise, the Local Permit Officer shall deny or conditionally approve a properly completed minor development permit application.
   (D)   Proper procedural requirements for disposition.
      (1)   The procedures and requirements of processing applications shall be conducted in a manner consistent with the expeditious and reasonable evaluation, as well as rational disposition of minor development permits, as set forth and required by the Coastal Area Management Act, being G.S. §§ 113A-100 et seq.
      (2)   The following general procedures shall be followed in reference to application disposition:
         (a)   Unconditioned approval. A minor development permit shall be granted only if consideration of the application results in no inappropriate findings, as set forth in division (C) above.
         (b)   Denial. Where the Local Permit Officer denies a minor development permit or an application is returned to the applicant for reasons as set forth in division (C) above, statutory grounds upon which the denial is based or the reasons the Local Permit Officer returns an application shall be set forth in writing.
         (c)   Conditional approval.
            1.   The approval of a minor development permit may be conditioned upon the applicant’s amending his or her proposal to take whatever measures are reasonably necessary to protect the public interest with respect to the findings enumerated in division (C) above.
            2.   Conditional approval shall be granted upon the acceptance by the applicant of certain reasonable conditions as set out by the Local Permit Officer for public interest protection with respect to appropriate findings listed in G.S. § 113A-120.
            3.   The applicant must sign the conditioned grant of approval as an acceptance of the permit conditions before the permit shall become effective. Statutory grounds upon which a conditional approval is granted shall be set out in writing.
         (d)   Passive approval.
            1.   Failure to approve, conditionally approve or deny a properly completed and filed application, or for the Local Permit Officer to not give notice of an extension beyond the initial 25-day disposition period shall result in passive approval.
            2.   A passive approval shall have the full force and effect of an unconditioned approval.
   (E)   Property owner requirements.
      (1)   The property owner shall display a properly granted minor development permit in full view on the site of the development.
      (2)   This requirement shall apply to every permit no matter how it is granted.
      (3)   It is therefore necessary that the property owner acquire a permit received by passive approval for the purposes of posting on the site before proceeding with the development.
   (F)   Record keeping requirements.
      (1)   Permit applications shall be numbered serially using a 5-digit numbering system.
      (2)   The first 2 digits will indicate the year in which the application is made, and the last 3 digits will run serially in the order in which the applications are received.
      (3)   These numbers shall include the letter prefix “D-“ to designate the Town of Duck. For example, the first permit applications will be in 2006, and will be numbered D-06-001, D-06-002 and so on.
      (4)   Along with the applications, the Local Permit Officer shall maintain a record of all evidence and all matters relevant to each minor development application.
      (5)   Relevant information shall include, but not be limited to applications, correspondence, public notices, responses to public notices and a copy of the final disposition.
      (6)   In cases involving denial or conditional approval, the Local Permit Officer shall send a copy of a conditional approval or denial disposition record to the applicant, either in person or by registered mail.
      (7)   One copy shall be maintained by the Local Permit Officer.
(Ord. 06-03, passed 5-3-2006) Penalty, see § 154.99