Subpart E. Permit Approval Processes

42-346. General

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.

42-347. Category One (1) or Two (2) Communication Facility Permits

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.
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.
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.

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.
Formal Review. None required.
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.

42-348. Category Three (3) Communication Facility Permits

Purpose. Category Three (3) Communication Facility Permits are required for any construction, alteration or expansion of a communication facility of this category.
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.
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.

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.
Fees. Any review fee established by the Commissioners shall be submitted with the application.

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.
Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Communication Facilities Administrator’s recommendation on the permit application.
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).
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.
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.
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.

42-349. Floodplain Development Permits

Purpose. A Floodplain Development Permit shall be required for any new development in a Special Flood Hazard Area (SFHA),
Permit Issuance. The Floodplain Administrator shall issue Floodplain Development Permits.
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.
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.
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.

42-350. Manufactured Home Park (MHP) Construction Permits

Purpose. Manufactured Home Park (MHP) Construction Permits are required for any construction, alteration or expansion of an MHP.
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).
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.
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.
Formal Review. None required.
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.

42-351. Manufactured Home Park (MHP) Completion of Improvements (COI) Permits

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).
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)).
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.
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.
Formal Review. None required.
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.

42-352. Sign Permits

Purpose. Sign Permits are required for the erection, movement, addition to or structural alteration of any sign not exempt by this Chapter.
Permit Issuance. The Zoning Administrator shall issue the permit.
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.
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.
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.

42-353. Soil Erosion and Sedimentation Control Permits

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

42-354. Special Fill Permits

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.

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.
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.
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.
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.
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).

42-355. Special Use Permits

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.
Permit Issuance. The ZBA shall grant permits. The Zoning Administrator shall issue permits.
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.
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.
Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Zoning Administrator’s recommendation on the permit application.
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).
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.
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:

Comply with all applicable local, state and federal statutes, ordinances and regulations;
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;
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
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:

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

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.

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.

42-356. Stormwater Management Permits

Purpose. A Stormwater Management Permit is required for all development and redevelopment unless exempt pursuant to Article VIII (Natural Resources) Subpart B (Water Quality).
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.
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.
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.
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.
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.
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.
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.
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.

42-357. Temporary Use Permits

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.
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.
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.
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.
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.

42-358. Water Supply Watershed Use Permits

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.
Permit Issuance. The Water Quality Administrator shall issue permits.
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.
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.
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.
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.

42-359. Watershed Protection Compliance Permits

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.
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.
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.
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.

42-360. Watershed High-Density Development Permits

Purpose. A Watershed High-Density Development Permit shall be required for new development exceeding the requirements of the low-density option.
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.
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.

42-361. Zoning Permits

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.
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.
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.
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.
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.

Subpart E. Permit Approval Processes

Table of Contents

PART I: GENERAL ADMINISTRATION

PART II: GENERAL LEGISLATION

PART III: LAND DEVELOPMENT

PART IV: PUBLIC SAFETY

PART V: UTILITIES