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(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 - - )
IMPLEMENTATION AND ENFORCEMENT
(A) Changeover date. The system to implement Coastal Area Management Act (CAMA) minor development permits shall begin on the date designated by the Secretary of the Department of Natural and Economic Resources as the changeover date.
(B) Existing permits.
(1) All other local permits and inspections required prior to the institution of Coastal Area Management Act minor development permits shall continue to be required and shall be issued and considered in coordination with Coastal Area Management Act permits. Such existing permits include, but are not limited to, plumbing permits, electrical permits, mechanical permits, building permits, septic tank permits, zoning permits, and flood insurance.
(2) Whenever other local permits are required, the Permit Officer shall consult with the agencies responsible for such permits and comments of this consultation shall be noted in the record.
('85 Code, § 8-3.5) (Ord. 28, passed - - ; Am. Ord. 02-10, passed 7-8-02)
(A) Any person directly affected by the decision of the Permit Officer, including the Secretary of the Department of Natural and Economic Resources, may within 20 days after notice of the Permit Officer's final disposition request a hearing or a variance before the Coastal Resources Commission. The hearing before the Commission shall be a quasi-judicial hearing conducted in accordance with the requirements of the Coastal Area Management Act, any applicable rules and regulations adopted by the Commission, and any other state laws applicable to such procedures.
(B) Upon receiving notice from the Commission of such an appeal, the Permit Officer shall promptly forward to the Commission the entire record compiled in relation to the minor permit disposition that is the subject to the appeal.
(C) Upon receipt of notice of appeal from the Commission, the Permit Officer shall give notice to the Town Board of Commissioners, the Town Manager and the Town Attorney and forward to that Board a copy of the record as submitted to the Commission and any other relevant information.
(D) No action for which a minor development permit is required shall be taken while appeal of the Permit Officer's final disposition of that permit is pending.
('85 Code, § 8-3.6) (Ord. 28, passed - - ; Am. Ord. 02-10, passed 7-8-02)
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