(A) Form; required information. An application for a land clearing permit or certificate of appropriateness shall be submitted on a form provided by the city. If the proposed action qualifies as a major project, then the following information shall accompany the application:
(1) Property owner’s name and the applicant’s name, if different from the owner;
(2) Legal description of the property, including parcel number(s);
(3) General plot plan that shall include the following information:
(a) General vicinity map;
(b) Narrative description of the entire proposed project;
(c) Locations and dimensions of buffer areas to be maintained or established, and locations and descriptions of proposed erosion control devices or structures which shall be in accordance with state best-management practices;
(d) Identification and location of any significant trees;
(e) Note whether any portion of the project, including removal of even one tree, is on city or other public property;
(f) Site disturbance plan, drawn to scale, including adjacent roads, prominent features of the land, and location of proposed work;
(g) Slash abatement plan(s); and
(h) Slope percentage information for entire project area.
(4) Property boundaries indicating extent and location of proposed clearing and grading activities, road, skid trails, and major physical features of the property (e.g., streams, ravines, and the like). If the proposed project involves site disturbance within five feet of the property line, a survey shall be completed and provided with the application, or a verified agreement between the adjacent property owner(s) and the applicant shall be submitted with the application that includes a statement agreeing to the location of the property line and consent to the proposed work;
(5) Disclosure of any previous or existing code violation(s) on the parcel(s) and if/how they have been rectified; and
(6) As determined at the discretion of the Planning and Zoning Commission, other information as deemed appropriate to this subchapter may be required in instances related to geologic hazard, shoreline protection, or project scope.
(B) Permit fee. A permit fee for each acre or portion thereof shall be established by resolution of the City Council. Permit fees apply only to major projects. Fees shall be waived for all other permits required under § 154.01.
(C) Review by officials.
(1) The City Clerk, upon receipt of an application for a permit or certificate of appropriateness and receipt of all other necessary and appropriate local, state, and federal certificates or permits, shall submit the application, certificates, and permits to the Planning and Zoning Commission, which shall hold a hearing and render a decision by a majority vote of the Planning and Zoning Commission whether to issue said permit or certificate of appropriateness, which decision shall be made within 45 working days from the date of submission of a completed application, unless an extension, is authorized by the applicant or good cause shown why such an extension is necessary.
(2) If such an extension is required, the applicant shall receive a written notification from the Planning and Zoning Commission prior to the 45 working days from submission as to the basis for said extension and the length of the extension with a date specific upon which the decision is anticipated to be rendered.
(D) Term or extension of permit.
(1) Any permit granted under this subchapter shall expire 12 months from the date of issuance.
(2) Upon a showing of good cause, a permit may be extended by a majority vote of the Planning and Zoning Commission for one additional 12-month period.
(E) Amendment to plans. Once a permit or certificate of appropriateness is issued, no change or amendment shall be made to the approved plans without the written authorization by a majority vote of the Planning and Zoning Commission.
(F) Revocation, suspension, or termination of a permit or certificate of appropriateness. The permit or certificate of appropriateness may be revoked, suspended, or terminated by the city because of incorrect information supplied in the owner’s application, any violation of the provisions of this subchapter, or other violations of local, state, or federal laws, rules, or regulations.
(G) Notice posted. Within five business days of the submission of an application to the City Clerk, the applicant shall prominently post a notice including a copy of the application in a conspicuous location adjacent to public right-of-way on the subject property. Notices shall not be nailed or screwed onto trees.
(H) Appeal. An aggrieved party may appeal any decision of the Planning and Zoning Commission, and/or the City Council, as herein provided.
(Prior Code, § 11-1-4) (Ord. 2004-02, passed 5-17-2004; Ord. 2022-02, passed 4-13-2022) Penalty, see § 154.99