Section
General Provisions
153.01 Purpose
153.02 Designated local official
Minor Development Permits
153.10 Application
153.11 Return of application
153.12 Procedural considerations
153.13 Disposition
153.14 Grant
153.15 Conditioned grant
153.16 Passive grant
Implementation and Enforcement
153.25 Implementation of the CAMA minor development permit
153.26 Appeal to Commission
153.27 Injunctive relief; notice
153.28 Amendment of the Implementation and Enforcement Program
153.29 Failure to properly enforce and administer a program
153.99 Penalty
GENERAL PROVISIONS
The purposes of the Implementation and Enforcement Plan are to establish:
(A) Procedures to be followed in issuing minor development permits in AECs within the town, including methods of coordinating with other local permits.
(B) Scope and coverage of the programs, including the geographic extent of jurisdiction of the town management program.
(C) Requirements of permit-letting agencies, including a description of the criteria to be used in choosing the Permit Officer.
(D) Methods of identifying and taking into account projects and impacts of regional, state, and national concern, where applicable.
(E) Procedures to ensure that the program is consistent with the approved land use plan for the town.
('85 Code, § 8-3.1) (Ord. 28, passed - - )
(A) Creation of the position. The designated local official of the Coastal Area Management Act permit management plan shall be the Building Inspector or the Development Services Officer.
(B) Qualifications.
(1) The Local CAMA Permit Officer shall have at least a high school diploma or equivalent and some experience with construction in a coastal area.
(2) Within one year after appointment to the position, the Local CAMA Permit Officer shall successfully complete the training course offered by the Coastal Resources Commission and the Department of Natural and Economic Resources.
(C) Appointment. There shall be designated a Local CAMA Permit Officer.
(D) Duties; general.
(1) The Permit Officer shall administer and enforce in duly designated areas of environmental concern the Coastal Area Management Act, the minor development permit process as herein established, all applicable local ordinances, and all other guidelines and standards established by the Commission and the Town Board of Commissioners pursuant to the Coastal Area Management Act. The Permit Officer shall be available both in an advisory capacity and as a liaison between major permit applicants and the Commission for the purpose of facilitating efficient disposition of major permit applications. The Permit Officer shall assist in identifying and assessing projects of greater than local concern (for example, projects of regional, state, and national concern). The Permit Officer shall also be responsible for implementing any procedures recommended by the Board of Commissioners of the town for the purpose of coordinating the Coastal Area Management Act minor development permit with other locally required permits. Such locally required permits and approvals include but are not limited to plumbing permits, mechanical permits, electrical permits, building permits, septic tank permits, zoning permits, and flood insurance.
(2) (Reserved)
(3) The Permit Officer shall immediately notify the Town Attorney and Town Manager of any suit filed against the town because of minor development permit disposition or other functions of the CAMA program. The Town Manager shall notify the Board of Commissioners immediately.
(4) The Permit Officer shall inform the Board of his intent to initiate any suit arising out of the Coastal Area Management Act management program. The initiation of any suit requires Board of Commissioners approval.
(5) The Permit Officer shall use his knowledge of the Coastal Area Management Act program and consultation with other permitting agencies to assess the regional or national impact of certain projects and to so inform the Town Board of Commissioners and the Coastal Resources Commission.
(E) Records.
(1) The Local CAMA Permit Officer shall prepare and forward to the Commission and the Secretary a quarterly summary of all permit applications and dispositions.
(2) (Reserved)
(3) He shall keep correct and comprehensive records of all transactions related to minor development permit disposition and shall maintain such records so long as any part of the structure or entity to which it relates remains in existence; or, in the case of denials, for a period of ten years.
(4) The applications shall be numbered consecutively according to a two-part number: a two-digit part noting the year separated from the four digit counting part by a hyphen (Example - the first application in 1978 would be 78-0001). A permit issued shall bear the number of the application.
(F) Availability. Records shall be available at Town Hall.
(G) Support. The Permit Officer shall share a full-time secretary who will maintain the office during regular business hours.
('85 Code, § 8-3.3) (Ord. 28, passed - -; Am. Ord. 00-15, passed 6-26-00; Am. Ord. 02-10, passed 7-8-02)
MINOR DEVELOPMENT PERMITS
An application for a permit for minor development shall consist of filing with the Secretary of the Department of Natural and Economic Resources and the permit office:
(A) A completed application using the applicable form adopted and approved by the Commission.
(B) A single check or money order payable to the permit-letting agency in the amount listed on the fee schedule adopted by the Board of Commissioners, which shall be available at the office of the Town Clerk. Monies so collected shall only be used in the administration of the permit program, specifically including the cost of the required public notices and hearings.
('85 Code, § 8-3.4) (Ord. 28, passed - - ; Am. Ord. 00-15, passed 6-26-00; Am. Ord. 02-10, passed 7-8-02; Am. Ord. 08-07, passed 6-24-08)
(A) The Permit Officer shall return incomplete, insufficient, or unauthorized applications within seven working days. The 25-day period for consideration of the application shall begin to run upon receipt. The time period will continue to run in the case of an incomplete or insufficient application until the Permit Officer returns it or places the application on hold, with reasons for the rejection or hold provided in writing to the applicant for the correction of the deficiencies. The time period will begin to run when a corrected application or the required documents are returned to the Permit Officer.
(B) Any application received requesting a permit for an activity which constitutes major development shall be returned by the Permit Officer with appropriate instructions for submitting the application to the Commission.
('85 Code, § 8-3.4) (Ord. 28, passed - - ; Am. Ord. 00-15, passed 6-26-00; Am. Ord. 02-10, passed 7-8-02)
(A) The Permit Officer shall refer the file of all denials based on town ordinances to the Town Board of Adjustment. If this Board agrees with the Permit Officer, the permit stands denied. If the Board of Adjustment disagrees with the Permit Officer, the matter may, at his discretion, be referred to the Board of Commissioners for final disposition.
(B) The Permit Officer shall also submit proposals he deems appropriate for conditioned grant to the Board of Adjustment. He shall make available to the Board of Adjustment the file, his recommendations, and any other relevant information. The conditions approved or suggested by the Board of Adjustment shall be attached to the grant.
(C) Whenever it is appropriate, the Permit Officer shall confer with the County Health Department, the Department of Natural and Economic Resources, Corps of Engineers and other appropriate permitting agencies before making a decision.
(D) The procedures and requirements of this chapter shall be conducted in a manner consistent with the expeditious disposition of minor development permits required by the Coastal Area Management Act. The procedures shall take place within the time limitations and extension stated in the Act.
('85 Code, § 8-3.4) (Ord. 28, passed - - ; Am. Ord. 02-10, passed 7-8-02)
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