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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)
(A) Disposition of the applications must take place within 25 days unless the Permit Officer gives written notice by registered mail of one additional 25-day extension as necessary for proper evaluation of the application.
(B) Statutory grounds upon which the Permit Officer bases the denial, conditioned grant, or return of application must be set out in writing. One copy must be maintained by the Permit Officer, and one copy must be given to the applicant, either in person or by registered mail.
('85 Code, § 8-3.4) (Ord. 28, passed - - ; Am. Ord. 02-10, passed 7-8-02)
The grant of a minor development permit shall be made only if consideration of the application results in none of the appropriate finds listed in G.S. §§ 113A-120(a)(1) through (10) and shall be displayed on the premises while the permitted activities are being accomplished.
('85 Code, § 8-3.4) (Ord. 28, passed - - ) Penalty, see § 153.99
The grant of a minor development permit may be conditioned upon the acceptance by the applicant of certain reasonable conditions as set out by the Permit Officer to protect the public interest with respect to the appropriate factors enumerated in G.S. §§ 113A-120(a)(1) through (10). The applicant must sign the conditioned grant as an acceptance of the amendments of the proposed project plans in a manner consistent with the conditions set out by the Permit Officer before the permit shall become effective.
('85 Code, § 8-3.4) (Ord. 28, passed - - )
Failure of the Permit Officer to approve or deny a properly completed filed application, or to give notice of an extension beyond the initial 30-day disposition period shall result in a passive grant. A passive grant shall have the full force and effect of a grant.
('85 Code, § 8-3.4) (Ord. 28, passed - - )
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