(A) Permits. No tall building or structure as defined by § 154.003-02 shall be constructed, altered, reconstructed, or expanded on any protected mountain ridge until a permit for such construction, alteration, reconstruction or expansion has been obtained as provided in this subchapter. No permit shall be issued that would not comply with the provisions of this subchapter.
(B) Rezoning required. Any property proposed for development subject to the provisions of this subchapter shall be rezoned to an appropriate conditional zoning district meeting or exceeding the standards below. The approval of the conditional zoning district shall constitute a mountain ridge protection permit. In addition to the application requirements below, conditional zoning requests for properties subject to the provisions of this subchapter shall meet the application, notice and approval requirements for conditional zoning in accordance with §§ 154.009.
(C) Additional requirements for conditional zoning; application.
(1) The following shall be submitted in addition to the submittal requirements for conditional zoning in §§ 154.009:
(a) Title block containing the name of the development, name of owner, name of developer, scale and north arrow;
(b) Existing site conditions, including contours, water courses, and any unique natural or man-made features such as vegetation and ground cover;
(c) Exact boundary lines of the property containing the proposed construction;
(d) Specific location and use of all existing and proposed buildings or structures;
(e) Plans of proposed water and sewer layouts (excluding individual wells and septic systems) shall show the location of lines, line sizes, approximate location of manholes, pumps, hydrants, force mains and the connection of the proposed system with existing systems;
(f) Location of existing and proposed easements and rights-of-way;
(g) The proposed treatment of the perimeter of the development, including materials and/or techniques such as screens, fences, and walls;
(h) Information on adjacent land areas, including land use, zoning classifications, public facilities, and any unique natural features;
(i) Existing and proposed road access to and within the development, showing rights-of-way and pavement widths. Notation of the proposed ownership of the street system (public or private); and
(j) A front and side elevation profile, drawn to scale, of all existing and proposed buildings.
(2) In addition to the development plan, all applications for permits shall be accompanied by the following documentation:
(a) If a street is to be dedicated for public use, a letter of approval for the proposed street plan shall be submitted indicating that street plans have been reviewed and approved in the following manner:
1. Street plans shall be reviewed and approved by the North Carolina Department of Transportation (or whatever public agency is to accept the dedication and assume maintenance of the streets);
2. Street plans shall contain all data, calculations, and information as required by the North Carolina Department of Transportation (or other appropriate public agency); and
3. The developer shall meet all other requirements of G.S. § 136-102.6 if the development constitutes a subdivision;
(b) If the proposed water and/or sewer system is to connect onto an existing system, a letter of approval from the owner of said existing system for such connection shall be submitted. In addition, a letter of approval from the appropriate regulatory agency shall be submitted indicating that the proposed connection will not cause any problems related to overloads, discharges, or shortages on said existing system;
(c) If individual wells and/or septic tanks are to be utilized, a written statement from the Surry County Health Department indicating approval of wells and/or septic tanks for use in the development shall be submitted;
(d) If an on-site package water and/or sewer treatment system is to be utilized, a letter of approval from the North Carolina Department of Human Resources and/or the North Carolina Department of Natural Resources and Community Development shall be submitted;
(e) Documentation of an approved sedimentation and erosion control plan shall be submitted where required;
(f) A letter of approval from the Surry County Department of Emergency Medical Services and appropriate fire department indicating the adequacy of the development facilities for emergency medical and fire services. Such determination shall take into consideration the street access, water pressure and availability, building height and any other relevant factors; and
(g) A letter from the applicant indicating the land in the proposed development is under single ownership or management by the applicant or proper assurances (legal title or execution of a binding sales agreement) shall be provided indicating that the development can be successfully completed by the applicant.
(3) Sufficient copies of all application materials shall be submitted in quantities as may be required by the enforcement officer for his or her review procedures.
(D) Additional considerations and procedures for conditional zoning application. The following shall be taken into account in addition to the considerations for conditional zoning in §§ 154.009:
(1) The Zoning Administrator shall review the application for compliance with the provisions of this subchapter. Any application not containing all information required in this subchapter shall be returned to the applicant for correction and resubmission. After the Zoning Administrator has determined the application contains all information required in this subchapter, he or she shall have 30 days to recommend to the Planning Board either approval or disapproval of the application. In making his or her recommendation, the Zoning Administrator may include any appropriate conditions he or she feels should be placed on the issuance of the permit.
(2) First consideration of the application shall be at the next regularly scheduled meeting of the Planning Board after receiving the recommendations of the Zoning Administrator. The Planning Board shall act on the application at its first consideration or within 30 days of its first consideration.
(3) The Board of Commissioners shall not approve an application until it has determined that the intent of this subchapter has not been violated. In making such determination, the Board of Commissioners shall not approve the issuance of a permit if the application for said permit fails to provide for:
(a) Sewage treatment that meets the requirements of a public wastewater disposal system that it discharges into, or that is a part of a separate system that meets applicable local, state, and federal standards;
(b) A water supply system that is adequate for fire protection, drinking water and other projected system needs; that meets the requirements of any public water supply system that it interconnects with; and that meets any applicable local, state, and federal standards, requirements and approvals;
(c) Compliance with applicable local, state, and federal sedimentation control regulations and requirements; and
(d) Adequate consideration to protecting the natural beauty of the mountains as determined by the Board of Commissioners including such considerations as:
1. Protection of existing vegetation;
2. Limitations on grading to prevent erosion or major scarring of the land;
3. Preservation of scenic views; and
4. Landscaping the site to restore the natural setting.
5. In making such determination, the Board of Commissioners may impose any additional conditions on the permit it deems necessary. Pursuant to G.S. § 113(A)-208(c), permits may be conditioned to ensure proper operation, to avoid or mitigate any of the problems or hazards recited in the findings of G.S. § 113A-207, to protect natural areas or the public health, and to prevent badly designed, unsafe or inappropriate construction.
(4) If the application is approved by the Board of Commissioners, such approval shall be provided to the applicant in the form of a letter referencing the approved conditional zoning case and including all conditions specified with the approval of the zoning. A copy of the approved permit shall be filed with the Register of Deeds of Surry County. One copy of said letter shall be sent to the applicant, one copy shall be sent to the Zoning Administrator and one copy shall be retained by the Board of Commissioners. Said letter shall be sent within five days of approval of the application. Upon receipt of the letter indicating approval, the Zoning Administrator shall issue a permit for construction. Said letter shall contain a listing of all conditions imposed on the issuance of the permit.
(5) The Board of Commissioners determination of consistency and statement of reasonableness given with the conditional rezoning denial shall be prepared. One copy of said letter shall be sent to the applicant, one copy shall be sent to the Zoning Administrator and one copy shall be retained by the Board of Commissioners. Said letter shall be sent within five days of disapproval of the conditional rezoning application.
(E) Development permits. The issuance of any development permits subsequent to the conditional rezoning approval shall be subject to the conditions imposed by the Board of Commissioners as authorized in this subchapter and as stated in the letter approving the application. If no construction has begun within 12 months after the date of approval of the zoning, the subsequent development permits shall expire. Construction shall be deemed to have begun when any grading or excavation has commenced. If a permit expires, it shall not be reissued, except under the provisions outlined in this subchapter for all permits.
(F) Application to existing buildings. The provision of this subchapter shall apply to buildings that existed upon the effective date of this subchapter as follows:
(1) No reconstruction, alteration or expansion may aggravate or intensify a violation by an existing building or structure that did not comply with this subchapter upon its effective date.
(2) No reconstruction, alteration or expansion may cause or create a violation by an existing building or structure that did comply with this subchapter upon its effective date.
(G) Enforcement and penalties. (Pursuant to G.S. § 113A-211)
(1) Enforcement Officer. The Zoning Administrator shall be the Enforcement Officer for the requirements of this subchapter.
(2) Violations of this subchapter shall be subject to the same civil penalties and equitable remedies as provided by G.S. § 160D-404.
(3) Any person injured by a violation of this subchapter or any person who resides in the county in which the violation occurred may bring a civil action against the person alleged to be in violation. The action may seek:
(a) Injunctive relief; or
(b) An order enforcing the provision violated; or
(c) Damages caused by the violation; or
(d) Both damages and injunctive relief; or
(e) Both damages and an enforcement order; or
(f) Both an enforcement order and injunctive relief.
(4) If actual damages as found by the court or jury in suits brought under this division are $500 or less, the plaintiff shall be awarded double the amount of actual damages; if the amount of actual damages as found by the court or jury is greater than $500, the plaintiff shall receive damages in the amount so found. Injunctive relief or an enforcement order under this division may be based upon a threatened injury, an actual injury, or both.
(5) Civil actions under this division shall be brought in the general court of justice of the county in which the alleged violation occurred. The court, in issuing any final order in any action brought pursuant to this section may award costs of litigation, including reasonable attorney and expert-witness fees, to any party, whenever it determines that such an award is appropriate. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security, the amount of such bond or security to be determined by the court. Nothing in this section shall restrict any right which any person or class of persons may have under the common law or under any statute to seek injunctive or other relief.
(Ord. passed 4-17-2023)