7.04.1 ZONING PERMIT
A zoning permit indicates compliance with the provisions of this ordinance and shall be required for the construction or development of any new use within the jurisdiction of the Town of Lillington, and any other site improvement as indicated in the UDO. In addition to new uses, a zoning permit shall be required for expansions of existing uses, changes of use, any uses permitted with special conditions (Article III) and any signage requiring a permit (Article IV).
A. Application Prior to Building Permit
A zoning permit application shall be presented to the Administrator prior to applying for a building permit from the Harnett County Inspections Department. No building permit shall be issued for any activity within the town's jurisdiction until such zoning permit is approved by the town and presented to the county.
B. Pre-Application Process
No meeting is required but applicants are encouraged to call or visit the Administrator prior to requesting a zoning permit to determine what information is required for the application.
C. Required Application Information
Sketch plan and any other relevant information to show compliance (may be waived by Administrator as appropriate). A zoning permit shall be issued in the name of the applicant (except that applications submitted by an agent shall be issued in the name of the principal and shall be accompanied by a signed affidavit designating such agent), shall identify the property involved and the proposed use, shall incorporate by reference the plans submitted, and shall contain any special conditions or requirements lawfully imposed by the permit-issuing authority.
D. Determination of Compliance
Once an application containing all needed elements is submitted, the Administrator shall review the application and approve or deny it based on compliance with the standards contained in this ordinance.
E. Appeals
Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment.
F. Permit Validity & Extensions
1. Zoning permits shall be void after six months from date of issue unless substantial progress on the project has been made by that time or unless a statutory zoning vested right exists as described in this ordinance. Upon issuance of a building permit by the Harnett County Inspections Department, the zoning permit shall remain valid as long as a valid building permit exists for the project.
2. Any change to the approved plans that has not been authorized by the Administrator shall invalidate the zoning permit and any subsequent building permits.
3. The Administrator may grant one extensions of this time period of up to six months upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.
7.04.2 TEMPORARY USE/SPECIAL EVENT PERMITS
Temporary use/special event permit is required for uses permitted in accordance with Article III prior to the commencement of any use or activity.
A. Pre-Application Process
No meeting is required but applicants are encouraged to call or visit the Administrator prior to requesting a zoning permit to determine what information is required for the application.
B. Required Application Information: Sketch plan and any other relevant information to show compliance (may be waived by Administrator as appropriate).
C. Determination of Compliance
Once an application containing all needed elements is submitted, the Administrator shall review the application and approve or deny it based on compliance with the standards contained in this ordinance.
D. Appeals
Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment.
E. Permit Validity & Extensions
See Article III.
7.04.3 CERTIFICATE OF COMPLIANCE
Issuance of a certificate of compliance shall be required prior to the occupancy or use of any new construction and re-occupancy or re-use of any renovation/rehabilitation in the Town of Lillington. Certificates of compliance insure that a completed development project has complied with all the applicable requirements of this ordinance and all other applicable federal, state and local regulations. Certificates of compliance must be signed by the Administrator to certify compliance with applicable regulations of this ordinance.
A. Determination of Compliance
Upon receipt of the request for a certificate of compliance, the Administrator shall inspect the site for compliance with the approved plan and the applicable standards of this ordinance. The applicant shall be notified of any deficiencies in the building(s) or site that prevents the issuance of the certificate of completion or the certificate shall be issued.
B. Appeals
Appeals of the decisions of the Administrator shall be heard by the Board of Adjustment.
7.04.4 ENVIRONMENTAL PERMITS
A. Drainage & Stormwater Management
As part of all construction plan review and approvals, proper permits shall be provided by the applicant that meet the standards Article VI in this ordinance and any applicable requirement of the NC Department of Environmental Natural Resources, Army Corp of Engineers and/or any other applicable state or federal agency.
B. Floodplain Development Permit
A floodplain development permit shall be required in conformance with the provisions of this ordinance prior to the commencement of any development activities within special flood hazard areas determined in accordance with Article VI of this ordinance.
1. Permit Required Before Land Disturbance
No such land disturbing activity shall take place in areas designated as special flood hazard areas until plans associated with the activity have been reviewed and approved in accordance with the procedures set forth in this ordinance.
2. Pre-Application Process
Applicants are encouraged to meet with the Administrator prior to submitting an application for development in the designated flood hazard area. The purpose of this meeting is to discuss the project, the proposed design strategies, and to answer questions of the applicant regarding the application and schedules for review.
3. Required Application Information: Existing conditions map (may be waived by Administrator as appropriate), construction plans & as-built drawings – upon completion.
4. Additional Information Required
The following specific items/information shall be presented to the Administrator in an application for a floodplain development permit:
a. Plan Information
A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
i. The nature, location, dimensions and elevations of the area of development/disturbance; existing and proposed structures, utility systems, grading/pavement areas, fill materials, storage areas, drainage facilities and other development;
ii. The boundary of the special flood hazard area as delineated on the FIRM or other flood map as determined in Article VI
, or a statement that the entire lot is within the special flood hazard area;
iii. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in Article VI
;
vi. The old and new location of any watercourse that will be altered or relocated as a result of proposed development;
b. Proposed elevation, and method thereof, of all development within a special flood hazard area including but not limited to:
i. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
ii. Elevation in relation to mean sea level to which any non-residential structure in Zone AE, A or AO will be flood-proofed; and
iii. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;
c. If floodproofing, a floodproofing certificate (FEMA Form 81-65) with supporting data and an operational plan that includes, but is not limited to, installation, exercise and maintenance of floodproofing measures.
d. A foundation plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of this ordinance are met. These details include but are not limited to:
i. The proposed method of elevation, if applicable (such as, fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls);
ii. Openings to facilitate equalization of hydrostatic flood forces on walls in accordance with Article VI
, when solid foundation perimeter walls are used in Zones A, AO, AE, and A1-30;
e. Usage details of any enclosed areas below the regulatory flood protection elevation;
f. Plans and/or details for the protection of public utilities and facilities such as sewer, gas, electrical, and water systems to be located and constructed to minimize flood damage;
g. Copies of all other local, state and federal permits required prior to floodplain development permit issuance (wetlands, endangered species, erosion and sedimentation control, riparian buffers, mining and the like);
h. Documentation for placement of recreational vehicles and/or temporary structures, when applicable.
i. A description of proposed watercourse alteration or relocation, when applicable, including an engineering report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
j. Permit requirements
The floodplain development permit shall include, but not be limited to:
i. A description of the development to be permitted under the floodplain development permit;
ii. The special flood hazard area determination for the proposed development per available data specified in Article VI
;
iii. The regulatory flood protection elevation required for the reference level and all attendant utilities;
iv. The regulatory flood protection elevation required for the protection of all public utilities;
v. All certification submittal requirements with timelines;
vi. A statement that no fill material or other development shall encroach into the floodway or non-encroachment area of any watercourse, as applicable; and
vii. The flood openings requirements, if in Zones A, AO, AE or A1-30.
k. Certification requirements
i. An elevation certificate (FEMA Form 81-31) is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level in relation to mean sea level. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder prior to the beginning of construction. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit.
ii. An elevation certificate (FEMA Form 81-31) is required after the reference level is established. Within seven calendar days of establishment of the reference level elevation, it shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the elevation of the reference level, in relation to mean sea level. Any work done within the seven-day calendar period and prior to submission of the certification shall be at the permit holder's risk. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to further work being permitted to proceed. Failure to submit the certification or failure to make required corrections shall be cause to issue a stop-work order for the project.
iii. A final as-built elevation certificate (FEMA Form 81-31) is required after construction is completed and prior to certificate of compliance/occupancy issuance. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of final as-built construction of the elevation of the reference level and all attendant utilities. The Floodplain Administrator shall review the certificate data submitted. Deficiencies detected by such review shall be corrected by the permit holder immediately and prior to certificate of compliance/occupancy issuance. In some instances, another certification may be required to certify corrected as-built construction. Failure to submit the certification or failure to make required corrections shall be cause to withhold the issuance of a certificate of compliance/occupancy.
iv. If non-residential floodproofing is used to meet the regulatory flood protection elevation requirements, a floodproofing certificate (FEMA Form 81-65), with supporting data and an operational plan, is required prior to the actual start of any new construction. It shall be the duty of the permit holder to submit to the Floodplain Administrator a certification of the floodproofed design elevation of the reference level and all attendant utilities, in relation to mean sea level. Floodproofing certification shall be prepared by or under the direct supervision of a professional engineer or architect and certified by same. The Floodplain Administrator shall review the certificate data and plan. Deficiencies detected by such review shall be corrected by the applicant prior to permit approval. Failure to submit the certification or failure to make required corrections shall be cause to deny a floodplain development permit. Failure to construct in accordance with the certified design shall be cause to withhold the issuance of a certificate of compliance/occupancy.
v. Manufactured homes. If a manufactured home is placed within Zone A, AO, AE, or A1-30 and the elevation of the chassis is more than 36 inches in height above grade, an engineered foundation certification is required per Article VI
.
vi. Watercourses. If a watercourse is to be altered or relocated, a description of the extent of watercourse alteration or relocation; a professional engineer's certified report on the effects of the proposed project on the flood-carrying capacity of the watercourse and the effects to properties located both upstream and downstream; and a map showing the location of the proposed watercourse alteration or relocation shall all be submitted by the permit applicant prior to issuance of a floodplain development permit.
l. Certification exemptions
The following structures, if located within Zone A, AO, AE or A1-30, are exempt from the elevation/floodproofing certification requirements specified in this ordinance:
ii. Temporary structures meeting requirements of Article VI
and accessory structures less than 150 square feet meeting requirements of Article VI
.
(Ord. passed 2-14-2017; Ord. passed 2-15-2022)