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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)
(A) Upon violation of the provisions adopted by the local government pursuant to the Coastal Area Management Act relating to the issuance of minor development permits, the Permit Officer may, either before or after the institution of proceedings for the collection of any penalty imposed by the Coastal Area Management Act for such violation, institute a civil action in the General Court of Justice in the name of the affected local government upon the relation of the Permit Officer for injunctive relief to restrain the violation and for such other or further relief in the premises as the court shall deem proper. Neither the institution of the action nor any of the proceedings thereon shall relieve any party to such proceedings from any penalty prescribed by the Coastal Area Management Act for any violation of same.
(B) The Permit Officer shall notify the Secretary of Natural and Economic Resources of any civil action undertaken by or against such officer under the Coastal Area Management Act.
('85 Code, § 8-3.7a., c.) (Ord. 28, passed - - )
(A) Notice and legislative hearing. Amendment of the Implementation and Enforcement Program shall be in accordance with the notice and legislative hearing requirement set forth in the Coastal Area Management Act and the Commission’s “Criteria for Local Implementation and Enforcement Plans” pertaining to the adoption of the original program.
(B) Request to waive formal amendment requirements. Whenever a proposed amendment is deemed sufficiently insignificant by the Board of Commissioners, that body may petition the Commission for a waiver of formal hearing and notice requirements.
(C) Commission approval. Upon local acceptance of any amendment, the amendment shall be submitted to the Commission for approval. Upon Commission approval, such amendment shall be adopted as a part of the ordinances implementing this plan.
(D) The Permit Officer shall bring to the Board of Commissioner's attention annually or more frequently recommendations for modifications or amendments to the Coastal Area Management Act management plan.
(‘85 Code, § 8-3.8) (Ord. 28, passed - - ; Am. Ord. 21-10, passed 6-15-21)
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