ARTICLE XI. REVIEW PROCESSES AND PROCEDURES

Site Plans shall contain all applicable information as required herein and shall adhere to the applicable review and approval process as outlined in this subpart. To lessen the time required to obtain all necessary approvals, the Site Plan approval processes may run concurrently with a building plan review, an application for a land-disturbing permit, or other applications for approvals required for the particular development. When a watershed development plan approval is required, that approval shall be a prerequisite to Site Plan approval. Site Plans are required where the individual consideration of design, configuration and/or operation of a use at a proposed site is/are necessary to ensure site appropriateness, compatibility with surrounding uses and the protection of the public health, safety and welfare .

1. Approval Authority. Communication Facilities Administrator.
2. Staff Review. The Communication Facilities Administrator shall review the proposal and determine its completeness, finding that the regulations of this Chapter that set forth specific development standards (see SR 9.3 (Communication Facilities) and (§42-347 (Category One (1) or Two (2) Communication Facility Permits) and §42-348 (Category Three (3) Communication Facility Permits)) have been met.
3. Permit Validity. The Communication Facilities Administrator or Zoning Board of Adjustment (ZBA) (as determined by facility category) shall grant the applicable Communication Facility Permit, in accordance with the process outlined in this section, only after review and approval of the site plan.

1. Approval Authority. Technical Review Committee (TRC).
2. Staff Review. All members of the TRC shall sign off on the proposal for approval. The TRC shall not approve a site plan unless it makes written findings that the regulations of this Chapter that set forth specific development standards have been met. The TRC shall take action within 30 days of reviewing the site plan.
   
   1. Approval. The proposal meets all requirements of this Chapter, and other statutes, ordinances and regulations of the County as submitted and is approved. If the site plan is approved by the TRC the applicant may proceed with other requirements necessary to obtain a building permit.
   2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to this Chapter and other statutes, ordinances and regulations of the County and, after corrections have been made, can be approved. If the site plan is granted conditional approval by the TRC the applicant shall revise and resubmit the site plan to the MHP Administrator. The MHP Administrator shall review the revised site plan and, if it meets the approval conditions and is otherwise substantially unaltered, shall signify on the plan the change from conditional approval to approval. The MHP Administrator has the right to resubmit the revised site plan to the TRC for complete review if deemed necessary. If the site plan is not revised within 60 days to meet the approval conditions, or the applicant notified the MHP Administrator of unwillingness to revise the site plan, it shall be deemed denied.
   3. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Chapter or other statutes, ordinances and regulations of the County which make it completely ineligible for revision and resubmittal. If the TRC denies the site plan, reasons for the denial shall be stated in writing.
3. Permit Validity. The MHP Administrator shall grant MHP Construction Permits and MHP Completion of Improvement Permits only after TRC review and approval of the site plan. Minor changes to the location, siting or character of manufactured homes or other structures may be authorized by the MHP Administrator if required by engineering or other circumstances not foreseen at the time the site plan was approved, provided that such changes adhere to the requirements set forth in this Chapter. Where such changes are major (including proposed increases to the number of units or non-accessory structures), the site plan shall be resubmitted and reviewed by the TRC.

1. Approval Authority. Zoning Administrator.
2. Staff Review. The Zoning Administrator shall review the proposal and determine its completeness, finding that the regulations of this Chapter that set forth specific development standards have been met.
3. Permit Validity. The Zoning Administrator shall issue a zoning permit for minor site plans, in accordance with the process outlined in this Chapter (see §42-361 (Zoning Permits)), only after review and approval of the site plan.

1. Approval Authority. Technical Review Committee (TRC).
2. Staff Review. The Zoning Administrator shall meet with applicants in a pre-application conference prior to, or at the time of site plan submittal to provide information to the applicant regarding the review process and assist in the preparation of the submittal. The Zoning Administrator, after receiving the site plan, shall: (1) review the plan, (2) determine its completeness, (3) schedule the matter for consideration by the TRC, (4) notify the applicant of the TRC’s scheduled time, and (5) prepare a recommendation on the site plan. All members of the TRC shall sign off on the application for approval. The TRC shall not approve a site plan unless it makes written findings that the regulations of this Chapter have been met. The TRC shall take action within 30 days of reviewing the site plan. Any approval or denial of the request must be in writing and be permanently filed in the office of the TRC as a public record.
   
   1. Approval. The proposal meets all requirements of this Chapter and other statutes, ordinances and regulations of the County as submitted and is approved. If the site plan is approved by the TRC the applicant may proceed with other requirements necessary to obtain a building permit.
   2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to this Chapter and other statutes, ordinances and regulations of the County and, after corrections have been made, can be approved. If the site plan is granted conditional approval by the TRC the applicant shall revise and resubmit the site plan to the Zoning Administrator. The Zoning Administrator shall review the revised site plan and, if it meets the approval conditions and is otherwise substantially unaltered, shall signify on the plan the change from conditional approval to approval. The Zoning Administrator has the right to resubmit the revised site plan to the TRC for complete review if deemed necessary. If the site plan is not revised within 60 days to meet the approval conditions, or the applicant notified the Zoning Administrator of unwillingness to revise the site plan, it shall be deemed denied.
   3. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Chapter or other statutes, ordinances and regulations of the County which make it completely ineligible for revision and resubmittal. If the TRC denies the site plan, reasons for the denial shall be stated in writing and the site plan may be revised and resubmitted.
   4. Building Dimensions. The site plan shall show the building footprint dimensions and the total finished square footage of the building. The finished square footage calculation shall include, but not be limited too, basements, outside covered porches, decks, and all interior floor levels including ½ story areas, lofts, and closet or finished storage areas.
   5. Modifications. Due to, but not limited to, topography and limitations prior and during construction, it may be necessary for an approved site plan to be modified per the approval of the Zoning Administrator. Proposed modifications shall qualify as de minimis if the cumulative effect of such modifications would not increase the established footprint of the structure by more than ten percent (10%). The dimensional requirements for a structure is determined by the height restrictions of the applicable zoning district and both the overall footprint and useable square footage of the building as shown on the approved site plan unless otherwise noted.
3. Permit Validity. No permit shall be issued by the TRC; however, no permit for any use requiring a major site plan may be issued without proof of TRC review and approval.

(See Chapter 42-256 (Erosion and Sedimentation Control Plans))

All subdivision applications, plans and plats shall contain all applicable information as required in this Subpart and shall adhere to the applicable review and approval process.

1. Approval Authority. Subdivision Administrator.
2. Application.
   
   1. Application. Each applicant shall submit an application to the Subdivision Administrator. Applications may be modified by the Subdivision Administrator as necessary, who may require the applicant to supply additional information. Development plans are required for minor or phased minor subdivisions where six (6) to ten (10) lots and new right-of-way are proposed. Development plans must be submitted to the Subdivision Administrator pursuant to §42-93 (Minor Subdivisions). Where development plan review is not required the applicant shall submit a final plat in Mylar form and a blue line copy of the final plat along with all application materials (see Article III (Subdivision Regulations)). The final plat must be prepared in conformance with the final plat requirements provided by the Planning Department, (§42-342 (Final Plat Review)) and provisions of this Chapter.
   2. Fees. Any application fee established by the Board of Commissioners shall be submitted with the application.
3. Staff Review. The Subdivision Administrator shall review all minor subdivisions and nonstandard subdivisions and development plans (when applicable) in conformance with Article III (Subdivision Regulations). The Subdivision Administrator may refer any minor subdivision or nonstandard subdivision for review by the Planning Board in accordance with this Chapter.

1. Approval Authority. Technical Review Committee (TRC).
2. Application.
   
   1. Pre-application Conference. Each applicant shall meet with the Subdivision Administrator in a pre-application conference at least 15 days prior to the submission of any subdivision reviewed in accordance with this section. The purposes of the conference are to: (1) acquaint the applicant with the application process, (2) review the sketch of the proposed development, (3) allow for the free exchange of information between the applicant and the Subdivision Administrator, (4) explore how the applicant intends to design the development, and (5) identify contemplated density levels, areas proposed for preservation and existing nature features on the property to be subdivided. The applicant should be prepared to discuss the development plans for the entire tract and any adjacent property under the same ownership. Each applicant shall bring to the pre-application conference a site analysis sketch which shall:
      
      1. Be prepared based on aerial photography, visual observations and an on-site inspection of the tract and which may be prepared (at the applicant’s request) with the general guidance of Planning Staff or professionally (although neither is required);
      2. Be at a scale which is clearly legible and provides sufficient detail to describe the general location of proposed development and the stated features for discussion purposes; and
      3. Identify (for the entire tract) the following features: streams, creeks, ponds, reservoirs, floodplains, wetlands, steep slopes (those greater than 60 percent), unique natural areas, rock outcroppings, farmland, pastureland and wooded/forested areas.
   2. Applications. Applications, including all application materials, master plan(s) (see §42-340 (Master Plans)) and/or development plan(s) (see §42-341 (Development Plans)) shall be submitted on or before the deadline date required by the Planning Department for review at the TRC meeting. In the opinion of the Subdivision Administrator, if an application is incomplete, the Subdivision Administrator may return the application to the applicant identifying the specific omissions, without invoking the review time requirement. The applicant shall have the automatic right to withdraw the application at any time until the applicant has concluded comments regarding the project before the TRC.
   3. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
3. Staff Review. The Subdivision Administrator shall preliminarily review the application and schedule the matter for consideration by the TRC and notify (in writing) the applicant of that time. Formal review of the subdivision shall not begin until the Subdivision Administrator has verified that the application is complete. Such verification should, when possible, be made within three (3) business days of its receipt.
4. Formal Review. The Subdivision Administrator shall prepare a recommendation on the application and supply a copy of the recommendation to the applicant before review by the TRC. All members of the TRC shall sign off on the application for approval. Any approval or denial of the request must be in writing and be permanently filed in the office of the TRC as a public record. The TRC shall take action within 30 days of reviewing the application. The Subdivision Administrator shall notify the applicant (in writing) of the decision by the TRC and any conditions imposed on the development within ten (10) business days of the decision. The TRC may refer any subdivision reviewed in accordance with this section for review by the Planning Board in accordance with this Chapter. The TRC may take the following action when reviewing an application:
   
   1. Approval. The proposal meets all requirements of this Chapter and other statutes, ordinances and regulations of the County as submitted and is approved.
   2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to County regulations and other statutes, and is approved subject to the completion of certain conditions. If the plan is approved with conditions the Planning Staff is given administrative responsibility to grant formal approval upon satisfaction of imposed conditions. The Subdivision Administrator has the right to resubmit any revised master plan and/or development plan and subdivision application to the TRC for complete review if deemed necessary. If the application is granted conditional approval by the TRC, then said conditions must be met before a final plat can be approved, unless specified otherwise. If the master plan and/or development plan is not revised to meet the approval conditions, or the applicant notified the Planning Department of unwillingness to meet the conditions, it shall be deemed denied and a final plat cannot be approved.
   3. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Chapter or other statutes, ordinances and regulations of the County. If the TRC denies the application, reasons for the denial shall be provided (in writing) to the applicant.

1. Approval Authority. Planning Board.
2. Application.
   
   1. Pre-application Conference. Each applicant shall meet with the Subdivision Administrator in a pre-application conference at least 15 days prior to the submission of any major subdivision application of 35 to 299 lots. The purposes of the conference are to: (1) acquaint the applicant with the application process, (2) review the sketch of the proposed development, (3) allow for the free exchange of information between the applicant and the Subdivision Administrator, (4) explore how the applicant intends to design the development, and (5) identify contemplated density levels, areas proposed for preservation and existing nature features on the property to be subdivided. The applicant should be prepared to discuss the development plans for the entire tract and any adjacent property under the same ownership. Each applicant shall bring to the pre-application conference a site analysis sketch which shall:
      
      1. Be prepared based on aerial photography, visual observations and an on-site inspection of the tract and which may be prepared (at the applicant’s request) with the general guidance of Planning Staff or professionally (although neither is required);
      2. Be at a scale which is clearly legible and provides sufficient detail to describe the general location of proposed development and the stated features for discussion purposes; and
      3. Identify (for the entire tract) the following features: streams, creeks, ponds, reservoirs, floodplains, wetlands, steep slopes (those greater than 60 percent), unique natural areas, rock outcroppings, farmland, pastureland and wooded/forested areas.
   2. Application. Applications, including all application materials, master plan(s) (see §42-340 (Master Plans)) and/or development plan(s) (see §42-341 (Development Plans)) shall be submitted on or before the date required by the Planning Department for review at the next Planning Board meeting. In the opinion of the Subdivision Administrator if an application is incomplete, the Subdivision Administrator may return the application to the applicant identifying the specific omissions, without invoking the review time requirement.
   3. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
3. Staff Review. The Subdivision Administrator shall preliminarily review all application materials, master plan and/or development plan(s) and schedule the matter for consideration by the Planning Board and notify the applicant (in writing) of that time. The Subdivision Administrator shall schedule the matter for consideration by the TRC and notify (in writing) the applicant of that time. Formal review of the subdivision shall not begin until the Subdivision Administrator has verified that the application is complete. Such verification should, when possible, be made within three (3) business days of its receipt.
4. Neighborhood Compatibility Meeting. A neighborhood compatibility meeting is required for subdivisions proposing more than one hundred (100) units/lots. See §42-372. Neighborhood Compatibility Meeting.
5. Formal Review. Major subdivisions of 35 to 299 lots that do not meet the conservation subdivision standards (see §42-87 Conservation Subdivisions (Option)) shall follow the procedures of §42-339 (Review for Major Subdivisions and Conservation Subdivisions of Three Hundred (300) or More Lots) or seek development agreement approval through the Board of Commissioners. The Subdivision Administrator shall prepare a recommendation on the application and supply a copy of this recommendation and the recommendation of the TRC to the applicant before review by the Planning Board. The Planning Board shall take action within 90 days from the date of its first consideration of the application. The Subdivision Administrator shall notify the applicant (in writing) of the decision by the Planning Board and any conditions imposed on the development within ten (10) business days of the decision. The Planning Board may refer any subdivision to the Board of Commissioners for review after giving due notice to the applicant. Reasons for such referral may include, but are not limited to, the size of the subdivision, location within the County, impact on the community, impact on infrastructure, or particular environmental features that make this subdivision substantially unique form other proposed subdivisions. The Planning Board may take the following action when reviewing an application:
   
   1. Approval. The proposal meets all requirements of this Chapter and other statutes, ordinances and regulations of the County as submitted and is approved.
   2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to County regulations and other statutes, and is approved subject to the completion of certain conditions. If the plan is approved with conditions the Planning Staff is given administrative responsibility to grant formal approval upon satisfaction of imposed conditions. The Subdivision Administrator has the right to resubmit the revised plan(s) to the Planning Board for complete review if deemed necessary. If the application is granted conditional approval by the Planning Board, then said conditions must be met before a final plat can be approved, unless specified otherwise. If the master plan and/or development plan are not revised to meet the approval conditions or the applicant notified the Planning Department of unwillingness to meet the conditions, it shall be deemed denied and a final plat cannot be approved.
   3. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Chapter or other statutes, ordinances and regulations of the County.
6. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B (5) (Posted Notice), for posted notices. Planning Staff shall be responsible for all necessary public notifications.

1. Approval Authority. Board of Commissioners.
2. Approval Type. Map Amendment approval as a Conditional Zoning District.
3. Application.
   
   1. Pre-application Conference. Each applicant shall meet with the Planning Director in a pre- application conference at least 15 days prior to the submission of any application for a major subdivision of 300 or more lots and accompanying map amendment application. The purposes of the conference are to: (1) acquaint the applicant with the application process, (2) review the sketch of the proposed development, (3) allow for the free exchange of information between the applicant and the Planning Director, (4) explore how the applicant intends to design the development, and (5) identify contemplated density levels, areas proposed for preservation and existing nature features on the property to be subdivided. The applicant should be prepared to discuss the development plans for the entire tract and any adjacent property under the same ownership. Each applicant shall bring to the pre-application conference a site analysis sketch which shall:
      
      1. Be prepared based on aerial photography, visual observations and an on-site inspection of the tract and which may be prepared (at the applicant’s request) with the general guidance of Planning Staff or professionally (although neither is required);
      2. Be at a scale which is clearly legible and provides sufficient detail to describe the general location of proposed development and the stated features for discussion purposes; and
      3. Identify (for the entire tract) the following features: streams, creeks, ponds, reservoirs, floodplains, wetlands, steep slopes (those greater than 60 percent), unique natural areas, rock outcroppings, farmland, pastureland and wooded/forested areas.
   2. Application. Applications, including all application materials (subdivision and map amendment), master plan(s) (see §42-340 (Master Plans)) and/or development plan(s) (see §42-341 (Development Plans)) shall be submitted on or before the date required by the Planning Department for review at the next Planning Board meeting. The map amendment application shall also include: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description/statement of the present and proposed district; (5) a description of the property in question sufficient to unequivocally describe and identify said property (such description may take the form of a property survey, a legal description or a legible copy of a County cadastral or composite tax map clearly annotated with district lines which follow political boundaries, geographical features or property lines); and where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. In the opinion of the Planning Director if an application is incomplete, the Planning Director may return the application to the applicant identifying the specific omissions, without invoking the review time requirement. The Planning Director may modify applications as necessary. Incomplete applications must be resubmitted on or before the date required by the Planning Department for review at the next Planning Board meeting.
   3. Review Schedule. Applications for major subdivisions of 300 or more lots shall have a minimum 45 day processing period for review by the Planning Director before the first consideration by the Planning Board. Applications involving more than one (1) parcel not under common ownership by the applicant shall be forwarded to the Board of Commissioners at its first regularly scheduled monthly meeting. (The Board of Commissioners will review the application and determine if it should proceed or, due to the size of the area, number of parcels or number of property owners, if the scope of the application will require a Small Area Zoning Study. If the Board of Commissioners agrees that the application calls for a Small Area Zoning Study, a directive for such will be issued by the Commissioners and direction will be provided as to how to proceed with the amendment application).
   4. Withdrawal of Application. Each application for a major subdivision of 300 or more lots which is withdrawn by the applicant after the first newspaper notice appears shall not be considered for a map amendment within the following six (6) months.
   5. Application Resubmittal. The Planning Board and the Board of Commissioners will not consider an application (by a property owner or owner’s agent) when, within the previous 12 months, the map amendment request was denied by the Commissioners.
   6. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
4. Staff Review. The Planning Director shall: (1) process and review the subdivision application, master plan and/or development plan(s), and map amendment request; (2) present the application to the TRC for its comments and recommendations; (3) schedule the matter for consideration by the Planning Board and notify the applicant (in writing) of that time; (4) forward a copy to any review agency for information purposes or for comment; and (5) prepare a recommendation on the proposed amendment. Formal review of the major subdivision of 300 or more lots shall not begin until the Planning Director has verified that the application is complete. Such verification should, when possible, be made within three (3) business days of its receipt.
5. Neighborhood Compatibility Meeting. A neighborhood compatibility meeting is required. See §42-372. Neighborhood Compatibility Meeting.
6. Formal Review. The Planning Director shall prepare a recommendation on the application and supply a copy of the recommendation to the applicant before review by the Planning Board. Prior to amending the Official Zoning Map, the Commissioners shall consider the Planning Board’s recommendation which must be in writing and must address consistency with the Comprehensive Plan. The Planning Board shall have 45 days after the first consideration of an application for a major subdivision of 300 or more lots to submit its written recommendation to the Commissioners. Failure of the Planning Board to submit a written recommendation within the 45 day period shall constitute a favorable recommendation, except that, if by agreement of the Planning Board and the applicant that 45 days is insufficient due to the size of the area, the complexity of the request or similar circumstances, the Planning Board shall have 60 days to submit its written recommendations.
7. Public Hearing. Prior to amending the zoning map the Commissioners shall hold a public hearing on the amendment in accordance with NCGS §160D-601, as amended (See §42-370 (Legislative Process Standards)).
8. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B (5) (Posted Notice), for posted notices. Public notification of the Commissioners public hearing shall comply with the provisions of NCGS §160D-602, as amended (See §42-370 (Legislative Process Standards)). Planning Staff shall be responsible for all necessary public notifications.
9. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners. The Commissioners shall issue a written statement on all map amendment decisions (both adoptions and rejections) addressing reasonableness, consistency with the Comprehensive Plan, and public interests furthered. Subsequent development plans shall be reviewed and approved by the Board of Commissioners. However, the Commissioners may delegate this approval authority, on a project by project basis, to the Planning Board or Subdivision Administrator provided all conditions of approval are met and the development plan is consistent with the approved master plan. Development plans shall meet all requirements of this Chapter. Final plats shall be reviewed following the processes and procedures outlined in §42-75 (Approval for Subdivision Plats) and §42-342 (Final Plat Review).

1. Plan Preparation. Master plans must be prepared in conformance with this subpart and master plan requirements provided by the Planning Department. A master plan is required during review of all major subdivisions. The applicant shall submit four (4) full-sized copies and one (1) reduced-sized copy of the master plan, at a scale appropriate to clearly depict the proposed project. Reduced size copies should be legible and reproducible. If a reduced size copy of the plan (no larger than 11 inches by 17 inches in size) cannot be provided, at least 30 large copies shall be submitted in its place. The master plan may consist of multiple sheets, if needed. Applicants proposing single section or phased subdivisions may submit a combined master plan and development plan (“master/development plan”) that shall be prepared in conformance with this subpart and the requirements of a development plan provided by the Planning Department and §42-341 (Development Plans).
2. Purpose of the Plan. The master plan is intended to provide general information about the proposed development to allow for an assessment of its impact on the orderly growth and development of the County, environmental quality, land values, natural features identified on the site analysis sketch and the County’s roads and governmental services.
3. Review of the Plan. During review of the master plan for a major subdivision application, the reviewing agency shall take into consideration: (1) applicable recommendations of the Comprehensive Plan, (2) the potential use of the land to be subdivided and (3) the impact of the subdivision and proposed use whether residential, commercial or industrial.
4. Revisions to the Plan. If during the development of the project, the master plan is revised to affect any of the following: increase the number of lots to be created or units to be constructed; create a substantive change in the subdivision configuration, road layout, etc.; substantially change the use of any portion of the tract; develop or build in areas that were identified as features in the site analysis sketch (see Article III (Subdivision Regulations) and Article XI (Review Processes and Procedures) Subpart C (Subdivision Review and Approval)) and that were identified in the master plan as open spaces or protected areas, the applicant shall then submit a revised master plan for the reviewing agency to review in accordance with Article III (Subdivision Regulations) and the applicable review process as outlined in this Article XI (Review Process and Procedures) Subpart C (Subdivision Review and Approval).
5. Land Disturbing and Improvement Activities. The applicant may only proceed with the establishment of erosion and sedimentation control measures, clearing and other land-disturbing activities and improvement activities associated with the project upon receipt of approval of the development plan (See §42-341 (Development Plans).
6. Approval Validity. Master plan approval is valid for two (2) years and shall be annotated on the plan. If, at the completion of the two-year period, no development plan has been submitted, the applicant must reapply under the current applicable requirements. Upon completion of a development plan, where no new development plan had been submitted for a period of four (4) years, the applicant must reapply under the current applicable requirements for the remainder of the project.

1. Plan Preparation. Development plans must be prepared in conformance with this subpart and development plan requirements provided by the Planning Department. Development plan(s) are required during review of all major subdivisions. The development plan may be submitted for the entire subdivision or any section thereof. The applicant shall submit four (4) full-sized copies and one (1) reduced-sized copy of the development plan, at a scale appropriate to clearly depict the proposed project. Reduced size copies should be legible and reproducible. If a reduced size copy of the plan (no larger than 11 inches by 17 inches in size) cannot be provided, at least 30 large copies shall be submitted in its place. The development plan may consist of multiple sheets, if needed.
2. Purpose of the Plan. A development plan is a graphic representation or map of the tract of land to be developed indicating all proposed divisions of land, their uses, improvements and other information as may be required to fully disclose the applicant's intentions. The purpose of the plan is to provide general and specific information and is not intended to be a recordable document.
3. Review of the Plan. Upon approval of the master plan and the development plan of the first section of a subdivision by the reviewing agency, if successive sections are submitted for review (and (1) each substantially conforms with the master plan, (2) no new lots are created, and (3) all technical requirements and development standards have been met) the Subdivision Administrator may approve the development plans for all major subdivisions for successive sections administratively. Under such review, the action deadlines for the reviewing agency shall be the same for the Subdivision Administrator.
4. Land Disturbing and Improvement Activities. The applicant may, only upon receipt of approval of the development plan proceed with the establishment of erosion and sedimentation control measures, clearing and other land-disturbing activities and improvement activities associated with the project.
5. Approval Validity. Development plan approval is valid for two (2) years and shall be annotated on the plan. The approving agency may, for just cause, grant up to two (2) one-year extensions for development plan approval. If, at the completion of the first one-year extension period, less than 50 percent of improvements are complete, the applicant must reapply under the current applicable requirements. If more than 50 percent of improvements are complete after the one-year extension period, the applicant may apply for a single additional one-year extension and thereafter must reapply under current applicable requirements.

1. Final Plat Review for Minor, Special and Nonstandard Subdivisions.
   
   1. Approval Authority. Subdivision Administrator.
   2. Purpose. A final plat must be prepared and approved pursuant to this subpart and final plat requirements provided by the Planning Department, whenever a subdivision of land occurs.
   3. Staff Review. If the subdivision complies with the standards set forth herein the Subdivision Administrator shall provide approval in writing on the face of the final plat and shall retain a signed copy for departmental records. Once the plat has been approved, the final plat must be recorded within twelve (12) months from Subdivision Administrator approval.
2. Final Plat Review for All Major Subdivisions.
   
   1. Approval Authority. Subdivision Administrator.
   2. Purpose. A final plat must be prepared and approved pursuant to this subpart and final plat requirements provided by the Planning Department, whenever a subdivision of land occurs.
   3. Staff Review. The Subdivision Administrator shall review the final plat and determine its completeness, finding that the regulations of this Chapter that set forth specific standards have been met for final plats. The Subdivision Administrator shall review the final plat for conformance with all applicable standards and conformance to any associated master plans and development plans. The final plat may be approved administratively if the plat meets all requirements of the Chapter and satisfies all conditions imposed by the reviewing agency. Upon approval, and before any lots are transferred, the applicant shall record the final plat at the office of the Register of Deeds within twelve (12) months from Subdivision Administrator approval. Incidental changes to the final plat, which do not in any way affect the character of the development, may be submitted prior to, or after, recordation and may be approved for re-recordation by the Subdivision Administrator. No lots governed by this Chapter may be conveyed until a final plat is approved and recorded in the office of the Register of Deeds of Henderson County.

Amendment requests/applications may run concurrently with permit applications, site plan review or other applications for approvals required for the particular development. Amendments to the Comprehensive Plan and this Chapter shall adhere to the applicable review and approval process as outlined in this Article.

1. Purpose. The Comprehensive Plan Amendment process is designed to allow for: (1) regularly scheduled amendment evaluation; (2) consistency in how amendments are handled; (3) the consideration of the current plan and the proposed amendment to the plan concurrently, with an evaluation of the consequences of each; (4) the consideration of land use changes in a countywide context by simultaneous amendment review; (5) the separation of land use issues from specific zoning issues; (6) thorough staff and board analysis and evaluation; and (7) meaningful public input. All actions taken to amend, supplement, change or repeal the Comprehensive Plan shall follow the appropriate process as outlined below.
2. Administrative Amendments.
   1. Approval Authority. Board of Commissioners.
   2. Initiation. The Commissioners, County Manager, Planning Board and Planning Staff may submit administrative amendments to the Planning Director.
   3. Staff Review. The Planning Director draft submitted amendments and provides them to the County Manager for review, consideration and action by the Commissioners.
   4. Review Schedule. As needed.
   5. Public Hearing. See 42-370 (C).
   6. Public Notification. See 42-370 (C).
   7. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners.
3. Substantive Amendments.
   1. Approval Authority. Board of Commissioners
   2. Initiation. The Commissioners, County Manager, Planning Board and Planning Director may initiate substantive amendments.
   3. Review Schedule. Amendments shall be considered when initiated and in concurrence with rezoning applications. Other amendments shall be reviewed based on the following:
      1. Five-Year Review. The Comprehensive Plan is subject to a review every five (5) years. Planning Staff prepares draft amendments and submits them to the Planning Board for initial review. Planning Staff distributes copies of the draft amendments widely, invites public comment, addresses received public comments and submits amendments as revised to the Planning Board for review and recommendation to the Commissioners. The Commissioners review and decide whether to adopt the amendments. The Commissioners may hold a public hearing or public input session. If the Commissioners direct that further modifications to the proposed amendments be made, and such modifications are deemed by the Commissioners to be significant, the modified proposal shall be resubmitted to the Planning Board for further review and recommendation before the Commissioners take action.
   4. Public Hearing. See 42-370 (C).
   5. Public Notification. See 42-370 (C).
   6. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners.

1. Purpose. The regulations, restrictions and boundaries set forth in this Chapter may from time to time be amended, supplemented, changed or repealed by the Board of Commissioners. Prior to final action by the Commissioners under this Chapter, the Planning Board shall review the amendment and offer any comments or recommendations as appropriate. All actions to amend, supplement, change or repeal this Chapter shall follow the appropriate process as outlined below.
2. Text Amendments.
   1. Initiation. The Commissioners, Planning Board, Zoning Board of Adjustment (ZBA), Water Quality Board and Flood Damage Prevention Board may initiate amendments to the text of this Chapter through adopted motion and submittal to the Planning Director. The County Manager, Zoning Administrator, Planning Director, or an affected owner of property in Henderson County may initiate an amendment to the text of this Chapter.
   2. Application. Each applicant shall submit a copy of the proposed amendment which explains the purpose for the amendment to the Planning Director.
   3. Staff Review. Planning Staff shall: (1) process and review the amendment request, (2) present the application to the Technical Review Committee (TRC) for its comments and recommendations, (3) forward the application on to the appropriate departments and agencies for their review, and (4) prepare a recommendation on the proposed amendment.
   4. Formal Review. Prior to amending the text of this Chapter, the Commissioners shall consider the Planning Board’s recommendation which must be in writing and must address consistency with the Comprehensive Plan and any applicable adopted plan.
   5. Public Hearing. Prior to amending the text of this Chapter the Commissioners shall hold a public hearing on the amendment in accordance with NCGS §160D-601, as amended (See §42-370 (Legislative Process Standards)).

   6. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B(5) (Posted Notice), for posted notices. Mailed notification of the Planning Board meeting for zoning map amendments shall be sent to the owner of that parcel of land, and all parcels of land within four hundred (400) feet of any property line of the proposed development by first class mail to the address as show on the  as shown on the County tax listing.  Mailed notices must be deposited in the mail at least seven (7) days prior to the date of the meeting. Public notification of the Commissioners public hearing shall comply with the provisions of NCGS §160D-602, as amended,, and additional provisions outlined in Planning §42-370 (Legislative Process Standards)).Planning Staff shall be responsible for all necessary public notifications.

   7. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners. The Commissioners shall issue a written statement on all text amendment decisions addressing reasonableness, consistency with the Comprehensive Plan, and public interests furthered.
3. Map Amendments.
   1. Initiation. The Commissioners, Planning Board, ZBA, Water Quality Board and Flood Damage Prevention Board may initiate amendments to the Official Zoning Map through the adoption of a motion. The County Manager, Planning Director, Zoning Administrator and any County Department Director/Head may initiate an amendment to the zoning map. A property owner may initiate an amendment to the Official Zoning Map on property that he/she owns, but may not initiate a map amendment on another individual’s property without that property owner’s consent.
   2. Application.
      1. Pre-application Conference. Each applicant for an amendment shall meet with Planning Staff in a pre-application conference at least 15 days prior to the application submission deadline. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
      2. Application. Each applicant for an amendment shall submit the application to the Planning Department on or before the first business day of the month. The application shall include: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description/statement of the present and proposed district; (5) a description of the property in question sufficient to unequivocally describe and identify said property (such description may take the form of a property survey, a legal description or a legible copy of a County cadastral or composite tax map clearly annotated with district lines which follow political boundaries, geographical features or property lines); and where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. Planning Staff may modify applications as necessary. Incomplete applications must be resubmitted on or before the first business day of the month or will not be processed until the preceding month.
      3. Review Schedule. Applications for amendments shall have a 45 day processing period for review by Planning Staff before the first consideration by the Planning Board. Applications involving more than one (1) parcel not under common ownership by the applicant shall be forwarded to the Planning Board at its first regularly scheduled monthly meeting. (The Planning Board will review the application and determine if it should proceed or, due to the size of the area, number of parcels or number of property owners, if the scope of the application will require a Small Area Zoning Study. If the Planning Board agrees that the application calls for a Small Area Zoning Study, then the application will be tabled and the request is forwarded to the Commissioners for direction on how to proceed with the amendment application).
      4. Withdrawal of Application.  This includes applications for the same requested zoning district or for the same use or substantial similar use under a conditional zoning request.
         1. 1st Withdrawal. Each application for an amendment withdrawn by the applicant after the first newspaper notice appears shall not reapply for a map amendment within the following six (6) months.
         2. 2nd Withdrawal. Each application for an amendment withdrawn by the applicant after the first newspaper notice appears shall not reapply for a map amendment within the following eighteen (18) months.
      5. Application Resubmittal.
         1. Resubmittal of Any Application. The Planning Board and the Commissioners will not consider an application by a property owner or owner’s agent, that is for the same requested zoning district or for the same use under a conditional zoning request when, within the previous 12 months, the map amendment request was denied by the Commissioners.
         2. Resubmittal of Application After County Initiated Rezoning/Small Area Zoning Study. Applications for map amendments located in an area that is currently undergoing or (within the previous 12 months) has completed a County Initiated Rezoning/Small Area Zoning Study, shall not be considered by the Planning Board or the Commissioners unless the Planning Director initiates such application.
      6. Fees. Any review fee established by the Commissioners shall be submitted with the application.
   3. Staff Review. Planning Staff: (1) shall process and review the amendment request, (2) shall present the application to the TRC for its comments and recommendations, (3) may forward the application to the appropriate departments and agencies for their review, and (4) shall prepare a recommendation on the proposed amendment.
   4. Formal Review. Prior to amending the Official Zoning Map, the Commissioners shall consider the Planning Board’s recommendation which must be in writing and must address consistency with the Comprehensive Plan and any applicable adopted plan. The Planning Board shall have 45 days after the first consideration of an application for an amendment to submit its written recommendation to the Commissioners. Failure of the Planning Board to submit a written recommendation within the 45 day period shall constitute a favorable recommendation, except that, if by agreement of the Planning Board and the applicant that 45 days is insufficient due to the size of the area, the complexity of the request or similar circumstances, the Planning Board shall have 60 days to submit its written recommendations. Time limitations shall not be applied to applications for amendments initiated by the Commissioners.
   5. Public Hearing. Prior to amending the zoning map the Commissioners shall hold a public hearing on the amendment in accordance with NCGS §160D-601, as amended (See §42-370 (Legislative Process Standards)).
   6. Public Notification. Public notification of the Planning Board meeting shall comply with the provisions outlined in §42-370 (Legislative Process Standards) B(5) (Posted Notice), for posted notices.  Mailed notification of the Planning Board meeting for zoning map amendments shall be sent to the owner of that parcel of land, and all parcels of land within four hundred (400) feet of any property line of the proposed development by first class mail to the address as show on the  as shown on the County tax listing.  Mailed notices must be deposited in the mail at least seven (7) days prior to the date of the meeting.  Public notification of the Commissioners public hearing shall comply with the provisions of NCGS §160D-602, as amended, and additional provisions outlined in (§42-370 (Legislative Process Standards).  Planning Staff shall be responsible for all necessary public notifications.
   7. Amendment Validity. The amendment is effective immediately following the decision of the Commissioners. The Commissioners shall issue a written statement on all map amendment decisions (both adoptions and rejections) addressing reasonableness, consistency with the Comprehensive Plan, and public interests furthered.
4. Water Supply Watershed Regulation Text and/or Map Amendments.
   1. Initiation. The Commissioners may initiate amendments to the text of this Chapter related to the watershed and amendments to the Watershed Map through adopted motion and submittal to the Planning Director.
   2. Application, Formal Review, Public Hearing and Public Notification. An amendment to the text of this Chapter related to the water supply watershed shall adhere to the review and approval process for Text Amendments (see §42-345 (Ordinance Amendments) subsection B (excluding (1) “Initiation”)). An amendment to the watershed map shall adhere to the review and approval process for Map Amendments (see §42-345 (Ordinance Amendments) subsection C (excluding (1) “Initiation”)). The Commissioners may incorporate the minimum requirements of the NCEMC into this Chapter without undertaking the official amendment processes; this may include identifying the boundaries of watershed districts proposed by the NCEMC on the Watershed Protection Map and may include text amendments necessary to conform to the minimum requirements of the NCEMC.
   3. Amendment Validity. The Commissioners may not adopt any amendment, supplement, change or modification that is less stringent than the minimum requirements imposed by the NCEMC without approval of said Commission. The amendment is effective immediately following the decision of the Commissioners. All amendments must be filed with the North Carolina Division of Environmental Management, North Carolina Division of Environmental Health and the North Carolina Division of Community Assistance.

All permit applications shall include, at minimum: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description and/or statement of the present zoning district; (5) the appropriate level of site plan; and, where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. Permit applications may run concurrently with site plan review, amendment requests or other applications for approvals required for the particular development. All permit applications shall adhere to the applicable review and approval process as outlined in this Article.  Unless provided otherwise by this Chapter, all rights, privileges, benefits, burdens, and obligations created by development approvals made pursuant to this Chapter attach to and run with the land.

1. Purpose. Category One (1) or Two (2) Communication Facility Permits are required for any construction, alteration or expansion of a communication facility of these categories.
2. Permit Issuance. The Communication Facilities Administrator shall issue permits. No permit shall be issued until a communication facility site plan has been reviewed and approved by the Communication Facilities Administrator. The permitting process for communication permits complies with NCGS 160D- 930, including all federal and state requirements, and should be interpreted as such.
3. Application.
   1. Pre-application Conference. Each applicant for a permit shall meet with the Communication Facilities Administrator in a pre-application conference prior to, or at the time of, the submittal of a request for approval of the communication facility. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a permit shall be submitted with a communication facility site plan to the Communication Facilities Administrator. The application shall be filed on a form provided by the Communication Facilities Administrator. The applicant shall be notified within 15 days if the application is deemed incomplete. A full description of deficiencies shall be identified for the applicant with the understanding that if these deficiencies are cured, the application will be deemed complete. Incomplete applications must be resubmitted within ten (10) business days or will not be processed until the following month. Applications may be modified by the Communication Facilities Administrator as necessary, who may require the applicant to supply additional information pertaining to the communication facility. Applications for a Communication Facility Permit Two (2) shall also include the following:
      1. Statement Regarding Accommodation of Additional Users. A statement which indicates the number of additional users the proposed facility will accommodate, as signed and sealed by an active, registered North Carolina Professional Engineer.
      2. Statement Regarding Collocation. A written statement, by the applicant, which indicates willingness to allow future collocations, available at fair market value.
      3. Evidence of Mailing of Notices of Intent. A document, submitted by the applicant, which shows that the applicant has sent required notices of intent to file an application for a Communication Facility Permit Two (2) to all owners of property immediately adjacent to the parcel containing the facility site and all owners of property within a 500 foot radius as measured from the facility site perimeter. Mailed notices of intent shall be mailed no fewer than ten (10) days and no more than 30 days prior to the date on which an application for a Communication Facility Permit Three (3) is filed. Mailed notices of intent shall include a: (1) vicinity map showing the proposed facility location; (2) sketch of the facility with dimensions which indicate the proposed tower type and height; and (3) statement from the Communication Facilities Administrator indicating the processes and procedures by which the communication facility may be permitted.
      4. Evidence of Mailing of Notices of Intent. A document, submitted by the applicant, which shows that the applicant has sent required notices of intent to file an application for a Communication Facility Permit Two (2) to all owners of property immediately adjacent to the parcel containing the facility site and all owners of property within a 500 foot radius as measured from the facility site perimeter. Mailed notices of intent shall be mailed no fewer than ten (10) days and no more than 30 days prior to the date on which an application for a Communication Facility Permit Three (3) is filed. Mailed notices of intent shall include a: (1) vicinity map showing the proposed facility location; (2) sketch of the facility with dimensions which indicate the proposed tower type and height; and (3) statement from the Communication Facilities Administrator indicating the processes and procedures by which the communication facility may be permitted.
      5. Evidence of Lack of Alternative Antenna Sites. A document, submitted by the applicant, which demonstrates that a reasonable effort has been made to collocate the proposed antenna on an existing communication facility/alternative structure, and that there are no feasible alternatives to constructing the proposed communication facility.
      6. Evidence of Compliance with Regulations. Documentation, submitted by the applicant, which demonstrates compliance with all applicable state and federal statutes, ordinances and regulations which is satisfactory to the Communication Facilities Administrator.
      7. Easement Acquisition Documents. Statements of intent, submitted by the applicant, from adjacent property owners (where any portion of said property is within a distance of the tower height from the tower base) to grant an easement to the applicant. Or the applicant can submit a fall zone letter, sealed by an engineer, identifying the towers specific fall radius. If applicants utilize the fall zone letter option, the applicant must also provide proof of liability insurance with a limit of liability of at least $1 million by the owner of the Communication Facility and submit an as-built certification of the Communication Facility, showing that the Communication Facility was built in accord with the design as certified by the engineer, for permit closeout.
   3. Review Schedule. None established.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
   5. Streamlined Collocation Process. Applications for collocation that meet the following requirements shall have a streamlined process.
      1. The collocation does not increase the overall height of the communication tower or wireless support structure to which the wireless facilities are attached;
      2. The collocation does not increase the ground space area approved in the communication facility site plan for equipment enclosures and ancillary facilities; and
      3. The wireless facilities in the proposed collocation comply with application regulations, restrictions, or conditions, if any applied to the initial wireless facilities placed on the communication tower or other wireless support structure.

Applications entitled to the streamlined process shall be reviewed for conformance with applicable building permit requirements, if any, but shall not otherwise be subject to zoning requirements, including design or placement requirements or public hearing review. 

1. Staff Review. The Communication Facilities Administrator shall process all applications for a permit and approve, approve conditionally or deny the approval of the application within 15 business days from the date the application is filed. If the permit application is denied, the Communication Facilities Administrator shall notify the applicant in writing stating the reasons for denial. Any denial shall be supported by substantial evidence and set forth reasons for denial with sufficient particularity that a reviewing authority may review the evidence supporting denial.
2. Formal Review. None required.
3. Permit Validity. Upon the issuance of a permit, the communication facility will be issued a Communication Facility Registration Number. The applicant shall have six (6) months from the date of issuance thereon to obtain a building permit or begin substantial construction work on the project. Failure to obtain a building permit or make substantial construction progress within six (6) months shall render the permit void. The Communication Facilities Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension.

1. Purpose. Category Three (3) Communication Facility Permits are required for any construction, alteration or expansion of a communication facility of this category.
2. Permit Issuance. The Zoning Board of Adjustment (ZBA) shall grant the permit and the Communication Facilities Administrator shall issue permits. No permit shall be issued until a communication facility site plan has been reviewed and approved by the Communication Facilities Administrator. No Communication Facility Permit Three (3) shall be issued without the approval of the ZBA in accordance with the requirements and procedures set forth in this subsection. The permitting process for communication permits complies with NCGS 160D-930, including all federal and state requirements, and should be interpreted as such.
3. Application.
   1. Pre-application Conference. Each applicant for a permit shall meet with the Communication Facilities Administrator in a pre-application conference prior to, or at the time of, the submittal of a request for approval of the communication facility. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a permit shall be submitted along with the appropriate fee(s), site plan, statements, evidences and easement acquisition documents to the Communication Facilities Administrator. Applications shall also include the following:
      
      1. Statement Regarding Accommodation of Additional Users. A statement which indicates the number of additional users the proposed facility will accommodate, as signed and sealed by an active, registered North Carolina Professional Engineer.
      2. Statement Regarding Collocation. A written statement, by the applicant, which indicates willingness to allow future collocations, available at fair market value.
      3. Evidence of Mailing of Notices of Intent. A document, submitted by the applicant, which shows that the applicant has sent required notices of intent to file an application for a Communication Facility Permit Three (3) to all owners of property immediately adjacent to the parcel containing the facility site, and all owners of property within a 1,000 foot radius as measured from the facility site perimeter. Mailed notices of intent shall be mailed no fewer than ten (10) days and no more than 30 days prior to the date on which an application for a permit is filed. Mailed notices of intent shall include a: (1) vicinity map showing the proposed facility location; (2) sketch of the facility with dimensions which indicate the proposed tower type and height; and (3) statement from the Communication Facilities Administrator indicating the processes and procedures by which the communication facility may be permitted.
      4. Evidence of Lack of Alternative Antenna Sites. A document, submitted by the applicant, which demonstrates that a reasonable effort has been made to collocate the proposed antenna on an existing communication facility/alternative structure, and that there are no feasible alternatives to constructing the proposed communication facility.
      5. Evidence of Compliance with Regulations. Documentation, submitted by the applicant, which demonstrates compliance with all applicable state and federal statutes, ordinances and regulations which is satisfactory to the Communication Facilities Administrator.
      6. Easement Acquisition Documents. Statements of intent, submitted by the applicant, from adjacent property owners (where any portion of said property is within a distance of the tower height from the tower base) to grant an easement to the applicant.

Applications may be modified by the Communication Facilities Administrator as necessary, who may require the applicant to supply additional information pertaining to the communication facility.

3. Review Schedule.  As per NCGS §62A-42, a written decision approving or denying the application shall be given within 30 days in the case of collocation and modification applications, and within 45 days in the case of other applications. This time shall be measured from the date the application is deemed complete.
4. Fees. Any review fee established by the Commissioners shall be submitted with the application.

4. Staff Review. The Communication Facilities Administrator shall process and review all applications for a permit and prepare a staff recommendation for the ZBA on the permit application. An application shall be deemed complete unless the applicant is notified in writing within 15 days of submissions of the application. Specific deficiencies in the application must be identified and if cured the resubmission must be deemed complete.
5. Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Communication Facilities Administrator’s recommendation on the permit application.
6. Public Hearing. Prior to considering a communication facility permit application the ZBA shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
7. Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-Judicial Process Standards). The Communication Facilities Administrator shall be responsible for all necessary public notifications.
8. Quasi-judicial Proceeding. The concurring vote of a majority of the ZBA shall be necessary to grant the permit. As per NCGS §62A-42, a written decision approving or denying the application shall be given within 30 days in the case of collocation and modification applications, and within 45 days in the case of other applications. This time shall be measured from the date the application is deemed complete.  
   1. Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the regulations of this Chapter that set forth specific standards for the communication facility have been met. Any approval or denial of the request must be in writing and be permanently filed with the office of the ZBA and with the Communication Facilities Administrator as a public record.
      
      1. Any decision denying an application must be supported by substantial evidence in the record before the authority and must set forth the reasons for the denial with sufficient particularity to allow a reviewing entity to review the evidence supporting the reasons for denial.
      2. An authority may deny an application to construct a new wireless support structure based upon an applicant’s unwillingness to evaluate the reasonable feasibility of collocating new antennas and equipment on an existing structure within the applicant’s search ring according to NCGS §62A-43
   2. Conditions. The ZBA shall, in granting a permit, prescribe that required easement documents be recorded and copies of said recorded easements be submitted to the Communication Facilities Administrator.
9. Permit Validity. Upon the approval of the ZBA and the submittal of recorded easements, the Communication Facilities Administrator may issue the permit and the required County Communication Facility Registration Number. The applicant shall have six (6) months from the date of issuance thereon to obtain a building permit or begin substantial construction work on the project. Failure to obtain a building permit or make substantial construction progress within six (6) months shall render the permit void. The Communication Facilities Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension.
   1. Permit Revocation. The Communication Facilities Administrator and/or ZBA may revoke a permit for violations of any part of this Chapter. Failure to secure and record any of the required easements shall be grounds for revocation. If the Communication Facilities Administrator finds a communication facility to be in violation, he/she shall notify the applicant in writing, stating the specific violations and setting reasonable time limits for corrective actions and subsequent inspections. In the event that the applicant takes no action to correct violations, the Communication Facilities Administrator shall notify him/her, by certified mail, that the permit will be revoked at the close of ten (10) business days from the date of the written notice. Should the applicant correct the violations prior to the permit being revoked, he shall request that the Communication Facilities Administrator conduct an inspection. If the Communication Facilities Administrator finds that the communication facility is no longer in violation, he/she shall notify the applicant that the permit will continue to be valid. If the violations have not been remedied, the permit shall be revoked. Where use of a communication facility is discontinued, such notice of discontinuance shall be made in writing by the applicant and submitted to the Communication Facilities Administrator; further, where the use of the communication facility is discontinued for a 12 month period, such permit shall be revoked. Such revocation and the reasons for such shall be made in writing to the applicant.
   2. Implications of Revoked Permit. Where a permit has been revoked:
      
      1. The operation of the communication facility shall be terminated, and the use may only be reinstated upon application as in the case of a new matter.
      2. The applicant (facility owner/operator and/or site owner) shall not be allowed to collocate any additional communication facilities at that site, erect another communication facility or obtain any additional permits.
      3. The facility owner/operator and/or site owner shall be jointly and severally responsible for the required removal of the communication facility within 180-days of receipt of written notification of Communication Facility Permit Three (3) revocation.

1. Purpose. A Floodplain Development Permit shall be required for any new development in a Special Flood Hazard Area (SFHA),
2. Permit Issuance. The Floodplain Administrator shall issue Floodplain Development Permits.
3. Application.
   1. Application. Application for a Floodplain Development Permit shall be made to the Floodplain Administrator prior to any development activities proposed to be located within an SFHA. The following items/information shall be presented to the Floodplain Administrator to apply for a Floodplain Development Permit:
      
      1. A plot plan drawn to scale which shall include, but shall not be limited to, the following specific details of the proposed floodplain development:
         1. The nature, location, dimensions, and elevations of the area of development/disturbance; existing and proposed structures, utility systems, proposed grading/pavement areas, fill materials, storage areas, drainage facilities, and other proposed development;
         2. The boundary of the Special Flood Hazard Area as delineated on the FIRM or other flood map as determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas), or a statement that the entire lot is within the Special Flood Hazard Area;
         3. Flood zone(s) designation of the proposed development area as determined on the FIRM or other flood map as determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas); or a statement that the entire lot is within the Special Flood Hazard Area;
         4. The boundary of the flood fringe area, if any, as set out in the FIRM;
         5. The boundary of the floodway(s) or non-encroachment area(s) as determined in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas);
         6. The Base Flood Elevation (BFE), where provided, as set forth in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas); §42-310 (Henderson County Floodplain Administrator) A (Powers and Duties Pursuant to this Chapter) (14), (17), and (18); §42-234.4 (Standards for Floodplains without Established Base Flood Elevations); and/or §42-234.5 (Standards for Riverine Floodplains with BFE Data but Without Established Floodways);
         7. The old and new location of any watercourse that will be altered or relocated as a result of the proposed development; and
         8. Certification of the plot plan by, or under the direct supervision of, a registered land surveyor or professional engineer.
      2. Proposed elevation, and method thereof, of all development within a Special Flood Hazard Area including but not limited to:
         1. Elevation in relation to mean sea level of the proposed reference level (including basement) of all structures;
         2. Elevation in relation to mean sea level to which any nonresidential structure in Zone AE, A or AO will be floodproofed; and
         3. Elevation in relation to mean sea level to which any proposed utility systems will be elevated or floodproofed;
      3. If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan that include, but are not limited to, installation, exercise, and maintenance of floodproofing measures. Back-up plans from a registered professional engineer or architect certifying that the nonresidential floodproofed development will meet the floodproofing criteria in Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) are also required.
      4. A Foundation Plan, drawn to scale, which shall include details of the proposed foundation system to ensure all provisions of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) are met. These details include but are not limited to:
         1. The proposed method of elevation, if applicable (i.e., fill, solid foundation perimeter wall, solid backfilled foundation, open foundation on columns/posts/piers/piles/shear walls); and
         2. Details of sufficient openings to facilitate automatic equalization of hydrostatic flood forces on walls in accordance with §42-234.2 (Specific Standards) D (Elevated Structures) (3) when solid foundation perimeter walls are used in Zones A, AO, and AE.
      5. Usage details of any enclosed space below the lowest floor.
      6. 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.
      7. Copies of all other Local, State and Federal permits required prior to Floodplain Development Permit issuance (Wetlands, Endangered Species, , Riparian Buffers, Mining, etc.).
      8. Documentation for placement of recreational vehicles and/or temporary structures to ensure the provisions of §42-234.2 (Specific Standards) F (Recreational Vehicles) are met.
      9. Where the base flood elevation data is not provided, the application for a development permit must show construction of the lowest floor at least two (2) feet above the highest adjacent grade.
      10. A description of proposed watercourse alteration or relocation when applicable, including an engineering report on the effects of the proposed project on flood-carrying capacity of the watercourse and the effects to properties located both upstream and d downstream; and a map (if not shown on plot plan) showing the location of the proposed watercourse alteration or relocation.
   2. Certification Requirements.
      
      1. Elevation Certificates.
         1. 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. Elevation certification shall be prepared by, or under the direct supervision of, a professional land surveyor or professional engineer and certified by same. 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.
         2. An Elevation Certificate (FEMA Form 81-31) is required after the reference level is established. Within seven (7) 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. Elevation certification shall be prepared by or under the direct supervision of, a professional land surveyor or professional engineer and certified by same. Any work done within the seven (7) 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.
         3. A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after construction is completed and prior to Floodplain Development 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 and all attendant utilities. Said elevation certification shall be prepared by, or under the direct supervision of, a registered land surveyor or professional engineer and certified by same. 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 Floodplain Development 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 said corrections required shall be cause to withhold the issuance of a Floodplain Development Certificate of Compliance/Occupancy.
      2. Floodproofing Certificates. If nonresidential floodproofing is used to meet the regulatory flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65) with supporting data, an operational plan, and an inspection and maintenance plan are 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. Said 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, the operational plan, and the inspection and maintenance plan submitted. Deficiencies detected by such review shall be corrected by the applicant prior to Floodplain Development 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 Floodplain Development Certificate of Compliance/Occupancy.
      3. Engineered Foundation Certificates. If a manufactured/mobile home is placed within Zone A, AO, or AE and the elevation of the chassis is above 36 inches in height, an engineered foundation certification is required per §42-234.2 (Specific Standards) B (Manufactured/Mobile Homes).
      4. Certification Exemptions. The following structures, if located within Zone A, AO, or AE are exempt from the elevation/floodproofing certification requirements specified in item C(1) and C(2) above:
         1. Recreational Vehiclesmeeting the requirements of §42-234.2 (Specific Standards) F (Recreational Vehicles)
         2. Temporary structures meeting requirements of §42-234.2 (Specific Standards) G (Temporary Nonresidential Structures); and
         3. Accessory structures less than 150 square feet meeting requirements of §42-234.2 (Specific Standards) H (Accessory Structures).
   3. Fees. Any review fee established by the Commissioners shall be submitted with the application. The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a collection procedure, for permits, plan review, inspections, and other matters pertaining to Article VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a permit or certificate shall be processed unless or until such fees, as established, and all estimated expenses have been paid in full, nor shall any action be taken on appeals before the Henderson County Flood Damage Prevention Board unless and until any fees and estimated expenses have been paid in full.
4. Permit Issuance. The Floodplain Development Permit shall include, but not be limited to:
   1. A description of the development to be permitted under the Floodplain Development Permit issuance.
   2. The Special Flood Hazard Area determination for the proposed development in accordance with available data specified in §42-232.2 (Basis for Establishing the Special Flood Hazard Areas).
   3. The Regulatory Flood Protection Elevation required for the reference level and all attendant utilities.
   4. The Regulatory Flood Protection Elevation required for the protection of all public utilities.
   5. All certification submittal requirements with timelines.
   6. A statement that no fill materials or other development shall encroach into the floodway, non-encroachment area, or the flood fringe area of any watercourse, if applicable, except as permitted in §42-235.1 (General Standards), or pursuant to a Special Fill Permit issued pursuant to §42-354 (Special Fill Permits).
   7. The flood opening requirements, if in Zones A, AO, or AE.
   8. A statement of limitations of below BFE enclosure uses (if applicable), including but not limited to parking, structure access and limited storage only.
5. Permit Validity. A Floodplain Development Permit shall be construed as permission to proceed with work and not as authority to violate, cancel, alter, or set aside any of the provisions of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) or any regulations included by reference. Issuance of a permit shall not prevent the Floodplain Administrator from thereafter requiring correction of errors in plans or construction, or violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
   1. Permit Revocation. The Floodplain Administrator may revoke and require the return of the Floodplain Development Permit by notifying the permit holder in writing stating the reason(s) for the revocation. Permits shall be revoked for any substantial departure from the approved application, plans, and specifications; for refusal or failure to comply with the requirements of State or local laws; or for false statements or misrepresentations made in securing the permit. Any Floodplain Development Permit mistakenly issued in violation of an applicable State or local law may also be revoked.

1. Purpose. Manufactured Home Park (MHP) Construction Permits are required for any construction, alteration or expansion of an MHP.
2. Permit Issuance. The MHP Administrator shall issue the permit. No permit shall be issued until the MHP Site Plan has been reviewed and approved by the Technical Review Committee (TRC).
3. Application.
   1. Pre-application Conference. Each applicant for a permit shall meet with the MHP Administrator in a pre-application conference prior to, or at the time of, the submittal of a request for approval of the MHP. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a permit shall be submitted along with the appropriate fee(s) and site plan, to the MHP Administrator. Applications may be modified by the MHP Administrator as necessary, who may require the applicant to supply additional information pertaining to the MHP.
   3. Review Schedule. Applications shall be submitted on or before the date required by the Planning Department for review of the MHP Site Plan at the meeting of the TRC.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
4. Staff Review. Provided the MHP Site Plan is approved by the TRC, the MHP Administrator shall approve the application, noting any site improvements that must be made prior to the issuance of an MHP Completion of Improvements (COI) Permit (see §42-351 (MHP COI Permits)). Site improvements required prior to the issuance of a COI may include: buffers, internal roads, vertical clearance on roads, driveways, parking, erosion and sedimentation controls, stormwater drainage, culverts, sewage disposal systems, water supply systems, fire protection, solid waste disposal areas, electrical hookup and/or MHP identification signs.
5. Formal Review. None required.
6. Permit Validity. Upon the issuance of a permit, the applicant shall have two (2) years to complete construction of site improvements as stated in such permit for the MHP or phase thereof, except as otherwise noted below. The MHP Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for this extension.

1. Purpose. Completion of Improvements (COI) Permits are required for the leasing of spaces and/or the ability to obtain set-up and building permits for manufactured/mobile homes and other structures within a Manufactured Home Park (MHP).
2. Permit Issuance. The MHP Administrator shall issue the permit. No permit shall be issued until the MHP Site Plan (see §42-328 (Manufactured Home Park Site Plan Review)) has been reviewed and approved by the Technical Review Committee (TRC) through the issuance of an MHP construction permit by the MHP Administrator (see §42-350 (MHP Construction Permits)).
3. Application
   1. Pre-Application Conference. None required.
   2. Application. Each application for a permit shall be submitted, along with the appropriate fee(s) and site plan, to the Manufactured Home Park Administrator. Applications shall additionally include one (1) as-built drawing (at a scale of one (1) inch equals 100 feet) of the completed MHP or phase thereof. Applications may be modified by the MHP Administrator as necessary, who may require the applicant to supply additional information pertaining to the MHP. If the application is found to be incomplete, the MHP Administrator shall notify the applicant of any deficiencies.
   3. Review Schedule. Applications shall only be accepted when site improvements for the MHP or phase thereof are complete and the applicant has provided evidence that property addresses have been assigned to each manufactured/mobile home and any other structures.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
4. Staff Review. The MHP Administrator shall process and review all applications for the permit after submitted. The MHP Administrator shall: (1) make an inspection of the MHP to ensure compliance with this Chapter; (2) verify that required site improvements as listed on the MHP construction permit (see §42-350 (MHP Construction Permits)) have been made; and, if the inspection shows the MHP adheres to those standards outlined in the MHP Site Plan and contains all site improvements required by the MHP construction permit, and (3) approve the application.
5. Formal Review. None required.
6. Permit Validity. Upon the issuance of a permit, the applicant shall have the ability to lease spaces and/or the ability to obtain set-up and building permits for manufactured/mobile homes and other buildings within the MHP. The permit may be reinstated if the MHP applicant applies to the MHP Administrator and the MHP Administrator finds that the MHP is in compliance with the requirements of this Chapter.
   1. Permit Revocation. The MHP Administrator may revoke a permit for violations of any part of this Chapter, except for those regulated by the Health, Inspections or Solid Waste Departments. In these cases, the MHP Administrator shall work with the other departments regarding the revocation of a permit. If the MHP Administrator finds a MHP to be in violation, he shall notify the applicant in writing, stating the specific violations and setting reasonable time limits for corrective actions and subsequent inspections. In the event that the applicant takes no action to correct violations, the MHP Administrator shall notify him/her, by certified mail, that the permit for the MHP will be revoked at the close of ten (10) business days from the date of the written notice. Should the applicant correct the violations prior to the permit being revoked, he shall request that the MHP Administrator conduct an inspection. If the MHP Administrator finds that the MHP is no longer in violation, he/she shall notify the applicant that the permit will continue to be valid. If the violations have not been remedied, the permit shall be revoked. Such revocation and the reasons for such shall be made in writing to the MHP applicant.
   2. Implications of Revoked Permit. Where a permit has been revoked, the applicant shall:
      
      1. Not rent or lease any vacant spaces until the violations have been corrected and the permit is reinstated; and
      2. Notify each renter/lessee of a space within the MHP within ten (10) days after receiving written notification that the permit has been revoked. The applicant shall provide the MHP Administrator with a signed statement from each renter/lessee indicating that notice from the applicant has been received. Any lease that is renewed after revocation of the permit shall be at the renter’s/lessee’s own risk.

1. Purpose. Sign Permits are required for the erection, movement, addition to or structural alteration of any sign not exempt by this Chapter.
2. Permit Issuance. The Zoning Administrator shall issue the permit.
3. Application.
   1. Pre-application Conference. None required.
   2. Application. Each application for a permit shall be filed on a form provided by the Zoning Administrator. Applications shall additionally include the following: (1) location of the sign on the lot in relation to the property lines and any existing or proposed signs or structures; (2) sign structural specifications; and (3) additional information needed to determine if the sign will be erected in conformance with this Chapter. Applications may be modified by the Zoning Administrator as necessary, who may require the applicant to supply additional information.
   3. Review Schedule. None established.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
4. Staff Review. The Zoning Administrator shall process and review all applications for a permit. If the application is found to be incomplete, the Zoning Administrator shall notify the applicant of any deficiencies. The Zoning Administrator shall approve, approve conditionally or deny the approval of the application.
5. Permit Validity. Upon the issuance of a permit, the applicant shall have six (6) months from the date of issuance thereon to begin erecting the sign. Failure to make construction progress within six (6) months shall render the permit void. The Zoning Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension.

(See Chapter 42-256 (Erosion and Sedimentation Control Plans))

1. Purpose. Special Fill Permits in the special flood hazard area may be granted by the Board of Commissioners only in Conditional Zoning Districts where particular cases meeting specific community need and subject to appropriate conditions and safeguards.

   1. Proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood; and,
   2. Special Fill Permit, if granted will result in no net decrease in flood storage capacity on the parcel upon which the fill is proposed; and,
   3. Proposed encroachment will not violate any other Federal, State or Henderson County laws, rules, ordinances, or regulations; and,
   4. Special Fill Permit, if granted, will comply with the Comprehensive Plan, and that, if granted, it will advance a public or community purpose, and that such purpose is sufficiently substantial to justify issuance of the Special Fill Permit.

Any grant of a Special Fill Permit by the Board of Commissioners may include conditions, which must be satisfied by the applicant. These conditions must be based on evidence presented at the hearing, and must be related to increasing the flood-control capabilities of the parcel for which the fill permit is sought.

1. Permit Issuance. The Board of Commissioners shall have the power to grant permits for special fill in the special flood hazard area. In order to grant a Special Fill Permit,  Board of Commissioners must conclude that the applicant meets the requirements under 42-354.
2. Application.
   1. Application. The application for the permit shall be on a form provided by the Floodplain Administrator, and shall be submitted prior to any fill activity requiring a Special Fill Permit. The application shall include the following:
      1. Certification, on a form as published by FEMA, or acceptable alternative form approved by FEMA, of hydrological and hydraulic analyses, performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in the flood levels during the occurrence of the base flood; or
      2. Technical documentation in the form of hydraulic analysis of the existing and proposed conditions. This documentation shall be either: complete runs of existing and proposed conditions using the HEC II/HEC-RAS step backwater analysis computer program as prepared by the US Army Corp. of Engineers for the analysis of flow plan hydraulics; or
      3. An alternative method currently approved by FEMA for use in the revision process for FEMA flood maps. In this case, the engineer shall provide a letter from FEMA indicating that the method used is acceptable; and,
      4. Any other technical documentation in the form of detailed site and construction plans, showing that all requirements of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) are met.
      5. The application shall also include certification of hydrological and hydraulic analyses, performed in accordance with standard engineering practice, demonstrating that the Special Fill Permit, if granted, will result in no net decrease in flood storage capacity on the parcel upon which the fill is proposed.
      6. The application shall include information demonstrating compliance with the Comprehensive Plan, and demonstrating the substantial public or community purpose(s) which the Special Fill Permit, if granted, will advance. Examples of substantial public or community purpose(s) advanced by the Special Fill Permit, if granted, which must be demonstrated include:
         1. Advancing a governmental purpose, which includes promoting and preserving use of land for agriculture.
         2. Meeting public infrastructure needs.
         3. Projects which fall under the Board of Commissioners’ Economic Incentives Guidelines.
         4. Redevelopment projects which have the effect of substantially increasing the flood-control capabilities of the parcel.
      7. A complete listing of the names and mailing addresses of all owners of real property adjacent to the parcel upon which the Special Fill Permit is proposed.
   2. Fees. Any review fee established by the Commissioners shall be submitted with the application. The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a collection procedure, for permits, plan review, inspections, and other matters pertaining to Article VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a permit or certificate shall be processed unless or until such fees, as established, and all estimated expenses have been paid in full, nor shall any action be taken on appeals before the Henderson County Flood Damage Prevention Board unless and until any fees and estimated expenses have been paid in full.
3. Staff Review. The Floodplain Administrator shall review the application for compliance with Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) and transmit the application to Federal, State and local agencies for review and comment. The Floodplain Administrator shall place the application on the agenda of the first regular Planning Board meeting after at least 30 days from the receipt of a complete application.
4. Formal Review.
   1. Henderson County Planning Board Review and Recommendation. The review by the Planning Board shall be legislative in nature.

      1. Public notification of the Planning Board meeting shall comply with the provisions of §42-370 (Legislative Process Standards). The Floodplain Administrator shall be responsible for all necessary public notifications.

      2.  The Planning Board shall hear a summary and review of the application by the Floodplain Administrator, evidence as presented by the applicant, and such other evidence as the Planning Board may find useful.

      3.  The Planning Board shall, within 60 days of the date the application is first considered by the Planning Board, issue its recommendation to the Board of Commissioners as to the grant or denial of the application.

   2. Board of Commissioners Public Hearing. The Board of Commissioners shall hold a legislative public hearing that complies with the provisions of §42-370 (Legislative Process Standards).

      1. Public notification of the Board of Commissioners meeting shall comply with the provisions of §42-370 (Legislative Process Standards). The Floodplain Administrator shall be responsible for all necessary public notifications.

      2. The Board of Commissioners shall consider a summary of the proposed project from the Floodplain Administrator, evidence in support of the project and concerning the issues upon which proof must be submitted under Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) from the applicant, evidence from adjacent property owners, and such other evidence as the  Board of Commissioners finds useful.
      3. The Board of Commissioners shall reach a decision within 45 days of the conclusion of the legislative hearing.
5. Permit Validity. A Special Fill Permit shall be construed as permission to proceed with work and not as authority to violate, cancel, alter, or set aside any of the provisions of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention) or any regulations included by reference. Issuance of a permit shall not prevent the Floodplain Administrator from thereafter requiring correction of errors in plans or construction, or violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).

1. Purpose. Special Use Permits are required where individual consideration of location, design, configuration and/or operation of a use at a proposed site are necessary to ensure site appropriateness, compatibility with surrounding uses and the protection of the public health, safety and welfare. Development standards shall be used as the basis for developing conditions for a permit; however, individualized conditions may also be imposed throughout the application process. Any use identified which requires a permit shall not be permitted without the approval of the Zoning Board of Adjustment (ZBA) in accordance with the requirements and procedures set forth in this subsection.
2. Permit Issuance. The ZBA shall grant permits. The Zoning Administrator shall issue permits.
3. Application.
   1. Pre-application Conference. Each applicant for a permit shall meet with the Zoning Administrator in a pre-application conference no later than two (2) calendar weeks prior to the date the application is due. The purposes of this conference are to provide information to the applicant regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a permit shall be submitted along with the appropriate fee(s) and site plan, to the Zoning Administrator on or before the first business day of the month. Applications may be modified by Zoning Administrator as necessary, who may require the applicant to supply additional information pertaining to the permit. Incomplete applications must be resubmitted on or before the first business day of the month or will not be processed until the following month.
   3. Review Schedule. Applications for a permit have a 60 day processing period for notification requirements and review by the Zoning Administrator and Technical Review Committee (TRC) prior to the public hearing.
   4. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
4. Staff Review. Code Enforcement Services Staff shall: (1) process and review all applications for a permit; (2) present the application to the TRC for its comments and recommendations; (3) forward the application on to the appropriate departments and agencies for their review; and (4) prepare a staff recommendation for the ZBA on the permit application.
5. Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Zoning Administrator’s recommendation on the permit application.
6. Public Hearing. Prior to considering a permit application the ZBA shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
7. Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi- Judicial Process Standards). The Zoning Administrator shall be responsible for all necessary public notifications.
8. Quasi-judicial Proceeding. The concurring vote of the majority of the members of the ZBA shall be necessary to grant the permit. Vacant seats and disqualified members are not counted in computing the simple majority. Any approval or denial of the request must be in writing and be permanently filed with the office of the ZBA and with the Zoning Administrator as a public record.
   1. Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the regulations of this Chapter that set forth specific standards for the use have been met. The ZBA may consider the type of use, size of the use, size of the property and other relevant factors in evaluating the permit application. The applicant will not bear the burden of proving that all of the site standards (as listed below) have been met; however, the applicant will be required to produce evidence sufficient to rebut any evidence presented that the site standards would not be met or that a condition is necessary. The applicant may be required, in his/her rebuttal, to show that the proposed use will:
      
      1. Not materially endanger the public health, safety or welfare;
      2. Not substantially injure the value of property or improvements in the area; and
      3. Be in harmony with the surrounding area.

Additionally the applicant may be required, in his/her rebuttal, to show that the proposed use shall be located and developed in such a manner as to:

1. Comply with all applicable local, state and federal statutes, ordinances and regulations;
2. Be in accordance with the Comprehensive Plan, Long Range Transportation Plans and Comprehensive Transportation Plans of the County and/or Long Range Transportation Plans and Comprehensive Transportation Plans of any municipality of the County;
3. Minimize the effects of noise, glare, dust, solar access and odor on those persons residing or working in the neighborhood of the proposed use; and
4. Minimize the environmental impacts on the neighborhood including the following groundwater, surface water, wetlands, endangered/threatened species, archeological sites, historic preservation sites and unique natural areas.

Finally, the applicant may be required, in his/her rebuttal, to show that satisfactory provision/arrangement has been made (where applicable or required) concerning:

1. Ingress and egress to property and proposed structures thereon (with particular reference to automotive/pedestrian safety/convenience and traffic flow/control);
2. Off-street parking and loading areas;
3. Utilities (with particular reference to locations, availability and compatibility);
4. Buffering and landscaping (with particular reference to type, location and dimensions); and
5. Structures (with particular reference to location, size and use).

2. Conditions. The ZBA may, in granting a permit, prescribe: (1) additional conditions; (2) additional safeguards; (3) a time limit within which the use shall be begun; and/or (4) a time limit within which a use shall be completed.  Conditions imposed by the ZBA must fall within the prescribed statutory authority as described in this Chapter.  Only those conditions mutually approved by the ZBA and applicant may be incorporated into the permit through written consent.

9. Permit Validity. Upon the issuance of a permit a signed order detailing the conditions of the permit shall be submitted to the Zoning Administrator. The Zoning Administrator may then issue related permits once the applicant records the special use permit with the Register of Deeds.
   1. Permit Revocation. The Zoning Administrator and/or ZBA may revoke a permit if, at any time after the issuance of the permit, it is found that the conditions imposed on/agreements made with the applicant have not been or are not being fulfilled by the holder of the permit.
   2. Implications of Revoked Permit. Where a permit has been revoked the operation of such use shall be terminated and the use may only be reinstated upon application as in the case of a new matter.

1. Purpose. A Stormwater Management Permit is required for all development and redevelopment unless exempt pursuant to Article VIII (Natural Resources) Subpart B (Water Quality).
2. Permit Issuance. A Stormwater Management Permit may only be issued subsequent to a properly submitted and reviewed Stormwater Management Permit application, pursuant to this section.
3. Application.
   1. Concept Plan and Consultation Meeting. The Water Quality Administrator or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time of subdivision development plan pre-application, site plan development, or other early step in the development process. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource protection plans should be consulted in the discussion of the concept plan. The concept plan should be submitted in advance of the meeting and should include:
      
      1. Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout sketch plans, which illustrate at a minimum: (1) existing and proposed topography; (2) perennial and intermittent streams; (3) mapping of predominant soils from soil surveys (if available); (4) boundaries of existing predominant vegetation; (5) proposed limits of clearing and grading; and (6) location of existing and proposed roads, buildings, parking areas and other impervious surfaces.
      2. Stormwater Management System Concept Plan. A written or graphic concept plan of the proposed post-development stormwater management system including: (1) preliminary selection and location of proposed structural stormwater controls; (2) low-impact design elements; (3) location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; (4) flow paths; location of floodplain/floodway limits; (5) relationship of site to upstream and downstream properties and drainages; and (6) preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.
   2. Application. All applications required pursuant to Article VIII (Natural Resources) Subpart B (Water Quality) shall be submitted to the Water Quality Administrator by the land owner or the land owner’s duly authorized agent. Applications shall be submitted pursuant to the application submittal schedule in the form established by the Water Quality Administrator, along with the appropriate fee established by the Board of Commissioners pursuant to this section. An application shall be considered as timely submitted only when it contains all elements of a complete application pursuant to Article VIII (Natural Resources) Subpart B (Water Quality), along with the appropriate fee. If the Water Quality Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained in the established submission schedule. At a minimum, the Stormwater Management Permit application shall describe in detail how post- development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements of Article VIII (Natural Resources) Subpart B (Water Quality). Plans shall be prepared by a qualified registered North Carolina professional engineer or landscape architect whom shall: (1) perform services only in their area of competence; (2) verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications; (3) verify that the designs and plans are sufficient to comply with applicable standards and policies found in the Design Manual; and (4) verify the designs and plans ensure compliance with Article VIII (Natural Resources) Subpart B (Water Quality). The submittal shall include all of the information required in the submittal checklist established by the Water Quality Administrator.
4. Staff Review. The Water Quality Administrator shall review the application and determine whether the application complies with the standards of Article VIII (Natural Resources) Subpart B (Water Quality). The Water Quality Administrator may take the following action when reviewing an application:
   1. Approval. The proposal complies with the standards of Article VIII (Natural Resources) Subpart B (Water Quality), and is approved.
   2. Conditional Approval. The proposal exhibits only minor deficiencies with regard to Article VIII (Natural Resources) Subpart B (Water Quality), and is approved subject to the completion of certain conditions.
   3. Fails to Comply. The proposal fails to comply with the standards of Article VIII (Natural Resources) Subpart B (Water Quality). The Water Quality Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application. If a revised application is not re-submitted within 30 calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be required along with the appropriate fee for a new submittal.
   4. Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance with this Article VIII (Natural Resources) Subpart B (Water Quality) or other statues, ordinances and regulations of the County.
5. Effect of Permit. A Stormwater Management Permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including structural stormwater BMPs and elements of site design for stormwater management other than structural stormwater BMPs. The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or redevelopment site consistent with the requirements of Article VIII (Natural Resources) Subpart B (Water Quality), whether the approach consists of structural stormwater BMPs or other techniques such as low-impact or low- density design.

6. Permit Validity. The permit does not continue in existence indefinitely after the completion of the project; rather, compliance after project construction is assured by the maintenance provisions of Article VIII (Natural Resources) Subpart B (Water Quality).

   An approved plan shall become null and void if the applicant fails to make substantial progress on the site within one (1) year after the date of approval. The Water Quality Administrator may grant a single, one-year extension of this time limit, for good cause shown, upon receiving a written request from the applicant before the expiration of the approved plan.

   In granting an extension, the Water Quality Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would infringe the applicant’s vested rights.

7. Effect of Approval. Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall not be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal authorities.

8. As-Built Plans and Final Approval. Upon completion of a project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual “as built” plans for all stormwater management facilities or practices after final construction is completed.

   The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are in compliance with the approved stormwater management plans and designs and with the requirements of this ordinance. A final inspection and approval by the Water Quality Administrator shall occur before the release of any performance securities.

9. Exceptions. No certificate of compliance or occupancy shall be issued nor performance guarantees released without final as-built plans and final inspection by the Water Quality Administrator, except where multiple units are served by the stormwater practice or facilities in which case the Building Services Department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and approval has occurred.

1. Purpose. Temporary Use Permits are required for (1) the erection of any structure for temporary purposes and (2) the expansion of or change in any use for temporary purposes.
2. Permit Issuance. The Zoning Administrator shall issue permits. All permits shall be issued in conformity with the provisions of this Chapter, except where the Zoning Administrator receives a written order from (1) the Zoning Board of Adjustment (ZBA) in the form of an interpretation involving error, special use or variance; or (2) the Board of Commissioners in the form of the issuance of approval for a vested right. A Temporary Use Permit must be issued prior to the issuance of a building permit, which shall comply with the Temporary Use Permit and all conditions of approval attached thereto.
3. Application.
   
   1. Pre-application Conference. None required.
   2. Application. Each application for a permit shall be filed on a form provided by the Zoning Administrator. Applications may be modified by the Zoning Administrator as necessary, who may require the applicant to supply additional information.
   3. Review Schedule. Applications for permits shall adhere to one (1) of two (2) review schedules based upon duration of the temporary use. The Zoning Administrator shall approve or deny a permit application: (1) within seven (7) business days for an application requesting duration of a use for no more than two (2) weeks; or (2) within 15 business days on all applications requesting duration of a use for more than two (2) weeks.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
4. Staff Review. The Zoning Administrator shall process and review all applications for a permit. If the application is found to be incomplete, the Zoning Administrator shall notify the applicant of any deficiencies. Where the Zoning Administrator denies the permit, reasons for the denial shall be stated.
5. Permit Validity. Upon the issuance of a permit, the applicant will be allowed the temporary use for the specified length of time on the specified dates. Permits shall not be issued for any duration to exceed two (2) years.

1. Purpose. Water Supply Watershed Use Permits are required for: (1) the erection, movement, additional or structural alteration of any structure, (2) the expansion of or change in any use and (3) the change of any land surface to an impervious surface.
2. Permit Issuance. The Water Quality Administrator shall issue permits.
3. Application.
   1. Pre-application Conference. None required.
   2. Application. Each application for a permit shall be filed on a form provided by the Water Quality Administrator. Applications may be modified by the Water Quality Administrator as necessary, who may require the applicant to supply additional information.
   3. Review Schedule. None established.
   4. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
4. Staff Review. The Water Quality Administrator shall process and review all applications for a permit. If the application is found to be incomplete, the Water Quality Administrator shall notify the applicant of any deficiencies. The Water Quality Administrator may consult with qualified personnel for assistance to determine if the application meets the requirements of this Chapter. The Water Quality Administrator, for projects not involving some other form of review, shall approve, approve conditionally or deny the approval of the application. Where the Water Quality Administrator denies the permit, reasons for the denial shall be stated.
5. Permit Validity. Upon the issuance of a Water Supply Watershed Use Permit, the applicant shall have six (6) months from the date of issuance thereon to obtain a building permit. Failure to obtain a building permit within six (6) months shall render the Water Supply Watershed Use Permit void. The Water Quality Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension. A Water Supply Watershed Use Permit must be issued prior to the issuance of building permit, which shall comply with the Water Supply Watershed Use Permit and all conditions of approval attached thereto.
   1. Revocation of Water Supply Watershed Use Permits. Violations of the sections of this Chapter relating to water supply watershed protection may also constitute grounds for revocation of Water Supply Watershed Use Permits if such violations are not corrected within 30 days following notification of such violations. No such permit shall be reinstated until the Water Quality Administrator finds that all provisions of this Chapter relating to water supply watershed protection have been met. Any revocation may be appealed to the Water Supply Water Quality Board if filed within 30 days of the effective date of the revocation. Following a hearing on the matter, the Water Supply Water Quality Board may concur with the revocation or order the reinstatement of the permit.
6. Appeals. Questions arising in connection with the enforcement of this Chapter shall be presented first to the Water Quality Administrator and that such questions shall be presented to the Water Supply Water Quality Board only on appeal from the Water Quality Administrator.

1. Purpose. Watershed Protection Compliance Permits are required for the ability to obtain occupancy of a structure hereafter erected, altered or moved and/or prior to the change of use of any structure or land in the watershed. The Water Quality Administrator shall issue a Watershed Protection Compliance Permit.
2. Application.
   1. Pre-Application Conference. No pre-application conference is required for a Watershed Protection Compliance Permit.
   2. Application. No formal application is required for a Watershed Protection Compliance Permit
   3. Review Schedule. Watershed protection compliance permit applications (where the water supply watershed use permit allowed for the erection, alteration or movement of a structure) will be approved or denied within ten (10) days of the erection, alteration or movement of said structure (upon the inspection by the Water Quality Administrator). Watershed protection compliance permit applications (where the water supply watershed use permit allowed for a change of use) will be approved or denied before the commencement of the use.
   4. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
3. Staff Review. The Water Quality Administrator shall process and review all applications for a Watershed Protection Compliance Permit (via the water supply watershed use permit process above). The Water Quality Administrator shall issue a Watershed Protection Compliance Permit certifying that all requirements of this Chapter have been met. If the Watershed Protection Compliance Permit is denied, the Water Quality Administrator shall notify the applicant in writing stating the reasons for denial.
4. Permit Validity. Upon the issuance of a Watershed Protection Compliance Permit, the applicant shall have the ability to occupy and/or change the use of a structure. No structure which has been erected, moved or altered may be occupied until the Water Quality Administrator has approved and issued a Watershed Protection Compliance Permit.
   1. Permit Revocation. Violations of the sections of this Chapter relating to water supply watershed protection may also constitute grounds for revocation of permits if such violations are not corrected within 30 days following notification of such violations. No such permit shall be reinstated until the Water Quality Administrator finds that all provisions of this Chapter relating to water supply watershed protection have been met. Any revocation may be appealed to the Water Supply Water Quality Board if filed within 30 days of the effective date of the revocation. Following a hearing on the matter, the Water Supply Water Quality Board may concur with the revocation or order the reinstatement of the permit.

1. Purpose. A Watershed High-Density Development Permit shall be required for new development exceeding the requirements of the low-density option.
2. Application.
   1. Application. An application for a Watershed High-Density Development Permit shall be submitted to the Water Quality Administrator on the proper form and shall include the following information:
      
      1. A completed application signed by the owner of the property or his/her authorized agent;
      2. Two (2) reproducible copies of the development plan or site plan including information required by this Chapter and other documents as necessary concerning built-upon area;
      3. Two (2) reproducible copies of the plans and specifications of the stormwater control structure(s) consistent with the requirements of this Chapter and the Stormwater BMP Manual; and
      4. When required by law, written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency.
   2. Review Schedule. The Water Quality Administrator shall process and take action on all applications for Watershed High-Density Development Permits within 65 days.
   3. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
3. Staff/Formal Review. Prior to taking final action on any application, the Water Quality Administrator may provide an opportunity to public agencies affected by the development proposal to review and make recommendations on the application. The Water Quality Administrator shall either approve or disapprove each application for a Watershed High-Density Development Permit based on the applicable criteria contained  in this Chapter related to water supply watershed regulations.

If the Water Quality Administrator approves the application, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure.  A Watershed High Density Development Permit shall be issued after the applicant posts a performance bond acceptable security as required by Article VIII (Natural Resources) Subpart B (Water Quality) and executes an Operation and Maintenance Agreement as required by Article VIII (Natural Resources) Subpart B (Water Quality).  A copy of the permit and one (1) copy of each set of plans shall be kept on file in the office of the Water Quality Administrator.  The original permit and one (1) copy of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested.

If the Water Quality Administrator disapproves the application based on his/her findings, the reasons for such action shall be provided to the applicant in writing by mail, return receipt requested.  The applicant may make changes and submit a revised plan which shall be considered as a new matter. All revisions shall be submitted, reviewed, and acted upon by the Water Quality Administrator pursuant to the procedures of this section.

1. Purpose. Zoning Permits are required for (1) the erection, movement, addition to or structural alteration of any structure and (2) the expansion of or change in any use.
2. Permit Issuance. The Zoning Administrator shall issue permits. No Zoning Permit shall be issued until the appropriate site plan has been reviewed and approved by the appropriate staff or reviewing agency. All permits shall be issued in conformity with the provisions of this Chapter, except where the Zoning Administrator receives a written order from (1) the Zoning Board of Adjustment (ZBA) in the form of an interpretation involving error, special use or variance; or (2) the Board of Commissioners in the form of the issuance of approval for a vested right.
3. Application.
   1. Pre-application Conference. None required.
   2. Application. Each application for a permit shall be filed on a form provided by the Zoning Administrator. Applications may be modified by the Zoning Administrator as necessary, who may require the applicant to supply additional information. Applications must be made by a person with a property interest in the property or a contract to purchase the property.
   3. Review Schedule. None established.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
4. Staff Review. The Zoning Administrator shall process and review all applications for a permit. If the application is found to be incomplete, the Zoning Administrator shall notify the applicant of any deficiencies. The Zoning Administrator, for projects not involving some other form of review, shall approve, approve conditionally or deny the approval of the application. Where the Zoning Administrator denies the permit, reasons for the denial shall be stated. A zoning permit must be issued prior to the issuance of a building permit, which shall comply with the zoning permit and all conditions of approval attached thereto.
5. Permit Validity. Upon the issuance of a permit through written or secure electronic form, the applicant shall have six (6) months from the date of issuance thereon to obtain a building permit or begin substantial construction work on the project. Failure to obtain a building permit or make substantial construction progress within six (6) months shall render the permit void. The Zoning Administrator may grant a single extension of this time period of up to six (6) months upon submittal by the applicant of sufficient justification for the extension.

All requests for a Vested Right shall include, at minimum: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description and/or statement of the present zoning district; (5) the appropriate level of site plan; and, where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. All Vested Right requests shall adhere to the review and approval process as outlined in this subpart.

1. Purpose. A Vested Right is a right established pursuant to NCGS §160D-108 to undertake and complete the development and use of property under the terms and conditions of an approved site-specific vesting plan. Any request for a Vested Right shall be granted by the Zoning Board of Adjustment (ZBA) in accordance with the requirements and procedures set forth in this subsection
2. Application.
   1. Pre-application Conference. Each applicant for a Vested Right shall meet with the Planning Director prior to, or at the time of, the submittal of an application. The purposes of this conference are to provide additional information regarding the review process and assist in the preparation of the application.
   2. Application. Each application for a Vested Right shall be submitted along with the appropriate fee(s) and site plan to the Planning Department. Applications shall additionally include: (1) a letter indicating the intent to obtain a Vested Right for the particular use or development proposed and (2) a site-specific vesting plan. Applications may be modified by Planning Staff as necessary, who may require the applicant to supply additional information pertaining to the Vested Right.
   3. Review Schedule. Applications for a Vested Right have a 30 day processing period for notification requirements and review by Planning Staff (and, if necessary, the Technical Review Committee (TRC)) prior to the public hearing.
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
3. Staff Review. Planning Staff shall process and review all applications for a Vested Right. Planning Staff may present the application to the TRC for its comments and recommendations and may forward the application on to the appropriate departments and agencies for their review. Planning Staff shall prepare a staff recommendation for the ZBA on the vested right application.
4. Public Hearing. Prior to considering a vested right application the ZBA shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
5. Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi- Judicial Process Standards). Planning Staff shall be responsible for all necessary public notifications.
6. Quasi-Judicial Proceeding.
   1. Standards of Review. The ZBA shall grant a Vested Right upon finding that all provisions of this Chapter are met in the proposed use or development plan and that the granting of the Vested Right does not materially endanger the public health, safety and welfare. The Zoning Administrator is directed to issue all required permits subject to the changes in the site plan (see §42-363 (Vested Rights) subsection F(2)) to be made by the developer. A variance shall not constitute a site- specific vesting plan and approval of a site-specific vesting plan with the condition that a variance is obtained shall not confer a Vested Right unless and until the necessary variance is obtained.
   2. Conditions. The ZBA may approve a Vested Right request subject to conditions that are necessary to protect the public health, safety and welfare.
   3. Review. The ZBA shall reach a decision within 45 days of the conclusion of the Vested Rights hearing. The ZBA shall issue an order within 45 days of reaching its decision.
7. Vested Right Validity. Upon the ZBA approving a site-specific vesting plan, there shall be a vest on such site-specific vesting plan for a period of two (2) years from the date of approval. Multiphase developments with site-specific vesting plan shall be vested for the entire development with Chapter regulations in place at the time a site plan approval is granted for the initial phase of the multiphase development.  This right shall remain vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multiphase development. A Vested Right shall confer upon the terms and conditions of the site-specific vesting plan as provided for in this section.
   1. Vested Right Extension. The ZBA may approve a vesting period not to exceed five (5) years from the date of approval at the request of the landowner if it is found that the development cannot be secured within two (2) years because of the:
      
      1. Size of the development,
      2. Level of investment required, or
      3. Current lack of, but potential future need for, the development.
   2. Vested Right Minor Modification. The Zoning Administrator may authorize minor modifications to the site-specific vesting plan provided that the changes in the plan do not change the basic relationship of the conditions set forth by the ZBA. Changes in detail that may be modified shall include, but not be limited to, the reduction in:
      
      1. Square footage of signs,
      2. Square footage of buildings and
      3. The number of buildings.

Applications for a minor modification shall include a new site-specific vesting plan and a detailed description of the proposed changes. Each applicant may appeal the decision of the Zoning Administrator regarding the Vested Right to the ZBA.  Any other modification or revocation of a site-specific vesting plan shall follow the same process for approval as is applicable to the approval of a site-specific vesting plan.

3. Vested Right Revocation. The ZBA may conclude forfeiture of a Vested Right previously recorded where there is failure to abide by the terms and conditions placed upon the original approval.

1. Purpose. A Common Law Vested Right is a right established by common law to undertake and complete the development and use of property based on substantial expenditures in good faith reliance on a valid governmental approval. Any request for a Common Law Vested Right will be reviewed and acted upon by the Planning Director in accordance with the requirements and procedures set forth in this subsection.
2. Application. The applicant must provide proof of each of the following provisions:
   1. A valid governmental permit has been obtained for the specific project;
   2. The developer made a substantial expenditure in reliance upon the permit;
   3. The developer was acting in good faith; and
   4. The developer suffers harm if required to comply with the new rules.
3. Staff Review. The Planning Director shall review the evidence submitted as proof demonstrating the existence of each of the four (4) provisions above. All of these provisions shall be met in order to approve a Common Law Vested Right.
4. Appeals. An appeal of the Planning Director’s determination of the existence of a Common Law Vested Right shall be heard in a quasi-judicial hearing conducted by the Zoning Board of Adjustment (ZBA).

All applications for a Variance shall include, at minimum: (1) the name(s) and address(es) of the owner(s) of the property in question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description and/or statement of the present zoning district; (5) the appropriate level of site plan; and, where an applicant chooses to appoint an agent to speak on their behalf, (6) an agent form. All applications for a variance shall adhere to the applicable review and approval process as outlined in this Subpart.

1. Purpose. Variances are intended to provide limited relief from the requirements of this Chapter in those cases where the strict application of the provisions of this Chapter would result in unnecessary hardship. Any use which requires a Variance shall not be permitted without the approval of the Zoning Board of Adjustment (ZBA) in accordance with the requirements and procedures set forth in this section.
2. Application.
   1. Pre-application Conference. Each applicant for a Variance shall meet with the appropriate Administrator (within this section “Administrator” shall refer to any of the following: Communication Facilities, Manufactured Home Park, Soil Erosion and Sedimentation Control, Water Quality, Subdivision, or Zoning Administrator) in a pre-application conference no later than one (1) calendar week prior to the date the application is due. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
   2. Application. Each application for a Variance shall be submitted along with the appropriate fee and site plan, to the Administrator on or before the first business day of the month. Applications may be modified by the Administrator as necessary, who may require the applicant to supply additional information pertaining to the Variance. Incomplete applications must be resubmitted on or before the first business day of the month or will not be processed until the proceeding month.
   3. Review Schedule. Applications for a Variance have a 45 day processing period for notification requirements and review by the Administrator (and, if necessary the Technical Review Committee (TRC)) prior to the public hearing.
   4. Fees. Any review fee established by the Board of Commissioners shall be submitted with the application.
3. Staff Review. The Administrator shall process and review all applications for Variances. The Administrator may present the application to the TRC for its comments and recommendations and may forward the application on to the appropriate departments and agencies for their review. The Administrator shall also prepare a staff recommendation for the ZBA on the application for a Variance.
4. Formal Review. Prior to taking any action on a Variance, the ZBA shall consider the Administrator’s recommendation on the Variance.
5. Public Hearing. Prior to considering a variance application the ZBA shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
6. Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-Judicial Process Standards). The Administrator shall be responsible for all necessary public notifications.
7. Quasi-Judicial Proceeding. The concurring vote of four-fifths (4/5) of the ZBA shall be necessary to grant a Variance. Any approval or denial of the request must be in writing and permanently filed with the office of the ZBA and with the Administrator as public record.
   1. Standards of Review. The ZBA shall not grant a Variance the effect of which would be to: (1) allow the establishment of a use not otherwise permitted in a general use district, (2) extend physically a nonconforming use of land or (3) change the district boundaries shown on the Official Zoning Map. No Variance shall be granted or considered where the fact that the property could be used more profitably is the reason for the request for the Variance. The following written findings must be made in order for the ZBA to grant a Variance:
      
      1. There are practical difficulties or unnecessary hardships in carrying out the strict letter of this Chapter, as demonstrated by:
         1. The fact that, if the applicant complies with the literal terms of this Chapter, he/she cannot secure a reasonable return from, or make a reasonable use of, the property.
         2. The hardship of which the applicant complains results from unique circumstances related to the applicant’s land.
         3. The hardship is not the result of the applicant’s own action.
      2. The Variance is in harmony with the general purpose and intent of this Chapter and will preserve its spirit.
      3. The Variance will secure the public safety and welfare and will do substantial justice.
      4. The Variance shall not be based on the existence of a nonconforming use of neighboring land or structures in the same district, or permitted nonconforming uses in other districts, and shall in no way constitute a reason for the requested Variance.
      5. The Variance shall not allow for an increase in density for the purposes of subdividing the land that would otherwise not be permitted by the applicable zoning district or subdivision
   2. Conditions. The ZBA may, in granting a Variance, prescribe: (1) additional conditions; (2) additional safeguards; (3) a time limit within which the action for which a Variance is sought shall be begun; (4) a time limit within which the action for a Variance is sought shall be completed; and (5) a time duration within which construction, operation or installation shall commence on the project for which the Variance was obtained.
8. Variance Validity. Upon issuance of a Variance, the applicant shall have 12 months within which (unless otherwise specified by the ZBA) to commence construction, operation or installation. If construction, operation or installation is commended within the specified time period the Variance shall continue in force as long as the structure, operations or installation remains.
   1. Variance Revocation. If construction or operation is not commenced within 12 months (or other specified time period), the Variance shall no longer be valid.

1. Purposes. Accommodative Temporary Variances are intended to provide temporary limited relief from the requirements of this Chapter in those cases where the strict application of the provisions of this Chapter would result in unnecessary hardship. 
2. Application.
   1. Pre-application conference.  Each applicant for a Accommodative Temporary Variance shall meet with the appropriate Administrator in a pre-application conference.  The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
   2. Application. Each application for a Accommodative Temporary Variance shall be submitted along with the appropriate site plan and a recommendation from a medical professional licensed by the State of North Carolina for the applicant under the requirements of the American with Disabilities Act, to the Administrator.  Applications may be modified by the Administrator as necessary, who may require the applicant to supply additional information pertaining to the Accommodative Temporary Variance.
3. Staff Review. The Administrator shall process and review all applications for a Accommodative Temporary Variance. The Administrator shall review the proposal and determine its completeness, finding that the regulations of this Chapter that set forth specific standards would result in unnecessary hardship for an applicant covered by the American with Disabilities Act.
4. Accommodative Temporary Variance Validity. The Administrator shall issue a written letter of approval.  The applicant shall have 12 months within which to commence construction, operation or installation.  If construction, operation or installation is commended within the 12 month period the Accommodative Temporary Variance shall continue in force as long as the structure,  operations or installation remains.  The Administrator will reconsider each Accommodative Temporary Variance every 5 years.

1. Purposes. Flood Damage Prevention Variances are intended to provide limited relief from the requirements of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
2. Application.
   1. Application. Each application for a Flood Damage Prevention Variance shall be submitted along with a written report addressing each of the factors identified by §42-368 (Variances (Flood Damage Prevention)) E(1) (Granting Variances).
   2. Fees. The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a collection procedure, for Flood Damage Prevention Variances and other matters pertaining to Article VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a Flood Damage Prevention Variance, shall be processed unless or until such fees, as established, and all estimated expenses have been paid in full.
3. Eligibility for Flood Damage Prevention Variance. Flood Damage Prevention Variances may  be issued for:
   1. The repair or rehabilitation of historic structures upon the determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the Flood Damage Prevention Variance is the minimum necessary to preserve the historic character and design of the structure;
   2. Functionally dependent facilities if determined to meet the definition as stated in Article XIV, provided provisions of §42-368 (Variances (Flood Damage Prevention)) have been satisfied, and such facilities are protected by methods that minimize flood damages during the base flood and create no additional threats to public safety; or
   3. Any other type of development, provided it meets the requirements of §42-368 (Variances (Flood Damage Prevention)) and Article VIII (Natural Resources) Subpart A (Flood Damage Prevention); or
   4. Solid waste disposal facilities, hazardous waste management facilities, salvage yards, and chemical storage facilities that are located in Special Flood Hazard Areas provided that all of the following conditions are met:
      
      1. The use serves a critical need in the community;
      2. No feasible location exists for the use outside the Special Flood Hazard Area;
      3. The reference level of any structure is elevated or floodproofed to at least the regulatory flood protection elevation;
      4. The use complies with all other applicable Federal, State and local laws;
      5. Henderson County has notified the Secretary of the North Carolina department of Crime Control and Public Safety of its intention to grant a variance at least 30 calendar days prior to granting the variance.
   5. But not for special fill permits, pursuant to §42-354 (Special Fill Permits) herein.
4. Public Hearing. Prior to considering the Flood Damage Prevention Variance application, the Flood Damage Prevention Board shall hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards).
5. Granting Flood Damage Prevention Variances.
   1. In determining whether to grant or deny Flood Damage Prevention Variances, the Flood Damage Prevention Board shall consider all technical evaluations, all relevant factors, all standards specified in Article VIII (Natural Resources) Subpart A (Flood Damage Prevention), and:
      
      1. The danger that materials may be swept onto other lands to the injury of others;
      2. The danger to life and property due to flooding or erosion damage;
      3. The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner;
      4. The importance of the services provided by the proposed facility to the community, including the retention of land for agriculture;
      5. The necessity to the facility of a waterfront location as defined under Article XIV (Definitions) as a functionally dependent facility, where applicable;
      6. The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use;
      7. The compatibility of the proposed use with existing and anticipated development;
      8. The relationship of the proposed use to the Comprehensive Plan and floodplain management program for that area;
      9. The safety of access to the property in times of flood for ordinary and emergency vehicles;
      10. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site; and
      11. The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water systems, and roads and bridges.
   2. Upon consideration of the factors listed above and the purposes of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention), the Flood Damage Prevention Board may attach such conditions to the granting of Flood Damage Prevention Variances as it deems necessary to further the purposes and objectives of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
   3. There are additional considerations of the Flood Damage Prevention Board in determining whether to grant or deny a Flood Damage Prevention Variance. Flood Damage Prevention Variances shall:
      
      1. Not be issued when the Flood Damage Prevention Variance will make the structure in violation of other Federal, State, or local laws, regulations, or ordinances.
      2. Not be issued within any designated floodway or non-encroachment area if any increase in flood levels during the base flood discharge would result.
      3. Only be issued upon a determination that the Flood Damage Prevention Variance is the minimum necessary, considering the flood hazard, to afford relief.
      4. Only be issued prior to Floodplain Development Permit (see §42-349 (Floodplain Development Permits)) approval.
      5. Only be issued upon:
         1. A showing of good and sufficient cause;
         2. A determination that failure to grant the Flood Damage Prevention Variance would result in exceptional hardship; and
         3. A determination that the granting of a Flood Damage Prevention Variance will not result in increased flood heights, additional threats to public safety, or extraordinary public expense, create nuisance, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
6. Written Notice. Any applicant to whom a variance is granted shall be given written notice specifying the difference between the Base Flood Elevation (BFE) and the elevation to which the structure is to be built and a written statement that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced reference level Such notification shall be maintained with a record of all variance actions.

1. Purpose. Watershed Regulation Variances are intended to provide limited relief from the requirements of Article VIII Subpart B water supply watershed regulations. Water Supply Watershed Protection in those cases where the strict application of the provisions of this Chapter would result in unnecessary hardship. Any use which requires a Watershed Regulation Variance shall not be permitted without the approval of the Water Quality Board in accordance with the requirements and procedures set forth in this section.
2. Application.
   1. Pre-application Conference. Each applicant for a Watershed Regulation Variance shall meet with the Water Quality Administrator in a pre-application conference no later than one (1) calendar week prior to the date the application is due. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application.
   2. Application. Each application for a Watershed Regulation Variance shall be submitted along with the appropriate fee and site plan, to the Water Quality Administrator on or before the first business day of the month. Applications may be modified by the Water Quality Administrator as necessary, who may require the applicant to supply additional information pertaining to the Watershed Variance. Incomplete applications must be resubmitted on or before the first business day of the month or will not be processed until the proceeding month.
   3. Review Schedule. No formal review schedule is established for a Watershed Regulation Variance from Article VIII Subpart B. Water Supply Watershed
   4. Fees. Any review fee established by the Commissioners shall be submitted with the application.
3. Staff Review. The Water Quality Administrator shall process and review all applications for Watershed Regulation Variances. The Water Quality Administrator shall notify in writing each local government having jurisdiction in the watershed of the Watershed Regulation Variance request, the notice for which shall include a description of the Watershed Regulation Variance being requested. Local governments receiving notice of the Watershed Regulation Variance request may submit comments to the Water Quality Administrator prior to a decision by the Water Quality Board. The Water Quality Administrator shall prepare a staff recommendation for the Water Quality Board on the application for a Watershed Regulation Variance.
4. Formal Review. Prior to taking any action on a Watershed Regulation Variance, the Water Quality Board shall consider the Water Quality Administrator’s recommendation on the Watershed Regulation Variance. Comments received from local governments (if applicable) shall become a part of the record of proceedings of the Water Quality Board. The Water Quality Board shall refuse to hear an application for a Watershed Regulation Variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. The Water Quality Board shall not grant a Watershed Regulation Variance without making the following three (3) findings, which shall be recorded in the permanent record of the case, and shall include the factual reasons on which they are based:
   1. Finding One (1). There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this Chapter, specifically Article VIII (Natural Resources) Subpart B. (Water Supply Watershed Protection). In order to determine that there are practical difficulties or unnecessary hardships, the Water Quality Board must find that the following conditions exist:
      
      1. If the applicant complies with the provisions of this Chapter, the applicant can secure no reasonable return from, nor make reasonable use of, his/her property. Merely proving that the Watershed Regulation Variance would permit a greater profit to be made from the property will not be considered adequate to justify the Water Quality Board in granting a Watershed Regulation Variance. Moreover, the Water Quality Board shall consider whether the Watershed Regulation Variance is the minimum possible deviation from the terms of this Chapter that will make possible the reasonable use of the property;
      2. The hardship results from the application of this Chapter to the property rather than from other factors, such as deed restrictions or other hardship;
      3. The hardship is due to the physical nature of the applicant’s property, such as its size, shape or topography, which is different from that of neighboring property;
      4. The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates this Chapter or who purchases the property after the effective date of this Chapter then comes to the Water Quality Board for relief; and/or
      5. The hardship is peculiar to the applicant’s property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a Watershed Regulation Variance would be a special privilege denied to others and would not promote equal justice.
   2. Finding Two (2). The Watershed Regulation Variance is in harmony with the general purpose and intent of this Chapter, specifically Article VIII (Natural Resources) Subpart B (Water Supply Watershed Protection), and preserves its spirit.
   3. Finding Three (3). In the granting of the Watershed Regulation Variance, the public safety and welfare have been assured and substantial justice has been done. The Water Quality Board shall not grant a Watershed Regulation Variance if it finds that doing so would in any respect impair the public health, safety or general welfare.
5. Environmental Management Commission Review. Where the application calls for the granting of a Watershed Major Variance, and if the Water Quality Board decides in favor of granting the Watershed Regulation Variance, the Water Quality Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include the: (1) Watershed Regulation Variance application; (2) hearing notices; (3) evidence presented; (4) motions, offers of proof, objections to evidence and rulings on them; (5) proposed findings and exceptions; and (6) proposed decision, including all conditions proposed to be added to the Watershed Regulation Variance. The preliminary record shall be sent to the Environmental Management Commission for its review as follows:
   1. Situation One (1). If the Environmental Management Commission concludes from the preliminary record that the Watershed Regulation Variance qualifies as a Watershed Major Variance and that the property owner can secure no reasonable return from, nor make any practical use of, the property unless the proposed Watershed Regulation Variance is granted and that the Watershed Regulation Variance, if granted, will not result in a serious threat to the water supply, then the Environmental Management Commission may approve the Watershed Regulation Variance as proposed or approve the proposed variance with conditions and stipulations. The Environmental Management Commission will prepare a Commission decision and send it to the Water Quality Board. If the Environmental Management Commission approves the Watershed Regulation Variance as proposed, the Water Quality Board shall prepare a final decision granting the proposed Watershed Regulation Variance. If the Commission approves the variance with conditions and stipulations, the Water Quality Board shall prepare a final decision, including such conditions and stipulations, granting the proposed Watershed Regulation Variance.
   2. Section Two (2). If the Commission concludes from the preliminary record that the Watershed Regulation Variance qualifies as a Watershed Major Variance and that the property owner can secure a reasonable return from or make a practical use of the property without the Watershed Regulation Variance or that the Watershed Regulation Variance, if granted, will result in a serious threat to the water supply, then the Commission may deny approval of the Watershed Regulation Variance as proposed. The Commission shall prepare a Commission decision and send it to the Water Quality Board. The Water Quality Board will prepare a final decision denying the Watershed Regulation Variance as proposed.
6. Conditions. The Water Quality Board may, in granting a Watershed Regulation Variance, prescribe: (1) additional conditions regarding the location, character and other features of the proposed building, structure or use; (2) additional safeguards; (3) a time limit within which the action for which a Watershed Regulation Variance is sought shall be begun; (4) a time limit within which the action for a Watershed Regulation Variance is sought shall be completed; and (5) a time duration within which construction, operation or installation shall commence on the project for which the variance was obtained. If a Watershed Regulation Variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan.
7. Variance Validity. Upon issuance of a Watershed Regulation Variance, it shall then be considered as a Water Supply Watershed Use Permit (see §42-358 (Water Supply Watershed Use Permits)), and shall adhere to the permit validity outlined therefore.

1. Text Amendments
   1. Public Hearing. Before adopting or amending any ordinance the Board of Commissioners shall hold a public hearing on the ordinance or amendment.
   2. Newspaper Notice. In accordance with NCGS 160D-601(a), the Commissioners shall cause notice of such hearing to be published in a newspaper of general circulation in the County once a week for two (2) successive calendar weeks. The notice shall be published the first time not less than ten (10) days nor more than 25 days prior to the date fixed for the hearing. The notice shall include the time, place and date of the hearing and include a description of the property or the nature of the change or amendment to map. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
2. Map Amendments.
   1. Public Hearing. Before adopting or amending any ordinance the Board of Commissioners shall hold a public hearing on the ordinance or amendment.
   2. Newspaper Notice. In accordance with NCGS 160D-601(a), the Commissioners shall cause notice of such hearing to be published in a newspaper of general circulation in the County once a week for two (2) successive calendar weeks. The notice shall be published the first time not less than ten (10) days nor more than 25 days prior to the date fixed for the hearing. The notice shall include the time, place and date of the hearing and include a description of the property or the nature of the change or amendment to map. In computing such period, the day of publication is not to be included but the day of the hearing shall be included.
   3. Mailed Notice. In addition to requirements found in NCGS 160D-602(a), whenever there is a zoning map amendment, the owner of that parcel of land as shown on the County tax listing, and the owners of all parcels within four hundred (400) feet of any property line of the proposed development shown on the County tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the County tax abstracts. This notice must be deposited in the mail at least ten (10) but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the Commissioners that fact, and such certificate shall be deemed conclusive in the absence of fraud. The first class mail notice requirement shall not be required if the zoning map amendment directly affects more than 50 properties, owned by a total of at least 50 different property owners, and the County elects to use the Expanded Published Notice (see subsection (4)).
   4. Expanded Published Notice. In accordance with NCGS 160D-602, and in that situation described above (see subsection (3)), the County may elect to publish once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change. These advertisements shall comply with and be deemed to satisfy the provisions of NCGS 160D-602(b) (subsection (1)). The advertisement shall not be less than one-half (½) of a newspaper page in size. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified by first class mail pursuant to this section. The person or persons mailing the notices shall certify to the Commissioners that fact, and the certificates shall be deemed conclusive in the absence of fraud.
   5. Posted Notice. In accordance with NCGS 160D-602, whenever there is a zoning map amendment, the County shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning. In the event that more than one (1) parcel is involved in a particular map amendment, at least one (1) sign shall be posted in a central location; however, the Planning Staff may post multiple signs. Said sign(s) shall be posted at least ten (10) days prior to the public hearing date.
3. Comprehensive Plan Amendments
   1. Notifications requirements follows Legislative Process Standards as outlined in §42-370 A Text Amendments.
   2. If a plan is deemed amended NCGS 160D-605 by virtue of adoption of a zoning map amendment that is inconsistent with the plan, that amendment shall be noted in the plan.  However, if the plan is one that requires review and approval subject to GS 113A-110, the plan amendment shall not be effective until that review and approval is completed. (NC SL 2019-111, s. 2.4.)

1. Category Three (3) Communication Facility Permits, Special Use Permits, Vested Rights, Variances, and Appeals
   1. Public Hearing. Before taking any action, the appropriate Zoning Board of Adjustment (ZBA) shall hold a public hearing (quasi-judicial) on the application, in accordance with established procedures for quasi-judicial hearings.
   2. Newspaper None required.
   3. Mailed Notice. The owner of that parcel of land (related to the application) as shown on the County tax listing, and the owners of all parcels of land abutting that parcel of land as shown on the County tax listing, shall be mailed a notice of a public hearing on the proposed amendment by first class mail at the last addresses listed for such owners on the County tax abstracts. This notice must be deposited in the mail at least ten (10) but not more than 25 days prior to the date of the public hearing. The person or persons mailing such notices shall certify to the ZBA that fact, and such certificate shall be deemed conclusive in the absence of fraud.
   4. Posted Notice. The County shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the hearing. In the event that more than one (1) parcel is involved, at least one (1) sign shall be posted in a central location; however, the Zoning Administrator may post multiple signs. Said sign(s) shall be posted no more than twenty-five (25) days and at least ten (10) days prior to the hearing.
   5. Conflict of Interest. (See §42-321 D & E).

Neighborhood compatibility meetings may be required for some uses or review processes to inform adjacent property owners, residents and business owners about a potential development in their community and provide an opportunity for questions to be answered by the applicant or developer.

1. Facilitation. Upon receipt of a completed application, the Planning Director, Zoning Administrator or a designee appointed by the Planning Director or Zoning Administrator will facilitate the neighborhood compatibility meeting as scheduled each calendar year.
2. Notification of Participants. A mailed notice shall be sent to adjacent property owners within four hundred (400) feet of any property line of the proposed development at least seven (7) days prior to the neighborhood compatibility meeting
3. Applicant Presentation. The applicant/developer and or the designated agent shall provide a presentation at the meeting on the proposed project and shall address questions about the project which remain unclear.
4. Discussion Topics. Participants shall be allowed to ask questions of the applicant for clarification but not to question if the site should be developed. A neighborhood compatibility meeting is not a public hearing. There will be an opportunity for public comment about the project during the formal review by the approving authority.
5. Meeting Results. Upon the applicant addressing all the participants questions, the facilitator will review the points discussed and ask those assembled if the positions represent an accurate consensus of the opinions expressed. The facilitator shall record the opinions in the staff report and it shall become part of the application file.

If an application made in accordance with County regulation is submitted for a development approval required pursuant to this Chapter and a development regulation changes between the time the application is submitted and a decision is made, the applicant may choose which version of the development regulation will apply to the application.  If the development permit chooses the version of the rule or ordinance applicable at the time of the permit application, the development permit applicant shall not be required to await the outcome of the amendment to the rule, map, or ordinance prior to acting on the development permit.  This section applies to all development approvals issued by the State and Henderson County.