§ 86-36. Administration and enforcement procedures.

(a)

Site plans. Application for a local development permit within the Coosawattee River Protection District shall include a site plan, drawn at a scale of one inch equals 50 feet by a registered land surveyor or professional engineer licensed by the state, with the following information:

(1)

A map of all planned excavation and fill, including calculations of the volume of cut and fill involved, cross sectional drawings showing existing and proposed grades. Elevations, horizontal scale, and vertical scale must be shown on the cross sectional drawings.

(2)

A map of any wetland boundaries occurring within the site must be provided. This boundary may be included on other maps provided by the applicant.

(3)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site and adjacent to the site for a distance of 200 feet.

(4)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(5)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than two feet; and no greater than one foot for slopes less than or equal to two percent.

(6)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(7)

All proposed temporary disruptions or diversions of local hydrology.

(8)

The site plan shall contain a surveyor's or engineer's certification that the project site is or is not located within a water supply watershed district, a wetlands protection district, the Coosawattee River Corridor Protection District or the mountain protection district, as applicable.

(b)

Activities to comply with site plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of such site plan. Significant changes to the site plan that would, alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill, or removal of the overall appearance of the development as proposed, can be, amended only with the approval of the land development officer or designated appointee. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

(c)

Exemptions to site plan requirements. The following activities and developments are exempt from the requirement for detailed site plans. Repairs to a facility that are part of a previously approved and permitted development.

(d)

Powers of the land development officer. The land development officer shall have the power to enforce the provisions of this article. The land development officer shall have the authority to issue stop work orders and cite violators of this article to court. The land development officer shall have the power to conduct investigations as reasonably deemed necessary to carry out his duties of enforcing this article, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the site.

(e)

Review procedures. The application shall be made to the land development officer or designated appointee and will be reviewed within 30 days. At the time of the application, the applicant shall pay a filing fee as specified by the board of commissioners. The review period shall include the preparation of findings (approval, approval with conditions, or disapproval) by the land development officer or designated appointee. The applicant will receive written notification of the findings of the land development officer or designated appointee. Decisions of the land development officer or designated appointee may be appealed to the board of commissioners.

(f)

Duration of permit validity. The development permit approval shall be valid for one year from the date of approval. If substantial work has not been done on the development within this time period, the development permit approval shall be null and void.

(g)

Penalties and fines for noncompliance.

(1)

When a building or other structure has been constructed in violation of this section, the violator shall be required to remove the structure at the direction of the director of license and permits and/or the land development officer.

(2)

When removal of vegetative cover, excavation, or fill has taken place in violation of this section, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable, at the direction of the land development officer.

(3)

If the land development officer discovers a violation of this article that also constitutes a violation of any provision of the Clean Water Act as amended, the land development officer shall issue written notification of the violation to the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, and the landowner.

(4)

Any person who violates any provision of this article, or any permit condition or limitation established pursuant to this article shall be guilty of a misdemeanor, and upon conviction shall be punished as provided in section 1-9. Other ordinances incorporated in this article may specify other penalties which shall govern over this section.

(h)

Suspension, revocation. The land development officer or designated appointee shall suspend or revoke a permit if he finds that the applicant has not complied with the conditions or limitations set forth in the permit or has exceeded the scope of the work set forth in the permit. The land development officer or designated appointee shall issue written notification of denial, issuance, conditional issuance, revocation or suspension to the applicant.

(i)

Administrative appeals. Any party aggrieved by any decision of the land development officer may within 30 days thereafter appeal therefrom to the board of commissioners. The appellant shall furnish the land development officer a written notice of appeal specifying the judgement of decision from which appeal is taken. A decision by the board of commissioners shall be the final administrative appeal and their decision shall be carried out by the land development officer.

(j)

Judicial review. All final decisions of the board of commissioners concerning denial, approval, or conditional approval of a permit shall be reviewable in the superior court of the county.

(k)

Amendments. This article and the Coosawattee River Corridor Protection map may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

(l)

Relief assessment. Assessors and boards of assessors shall consider requirements of these regulations in determining the fair market value of land.

(m)

Separability and abrogation. All sections and subsections of this article are considered separate and distinct. Should any section, subsection, paragraph or part of this article be declared by a court of competent jurisdiction to be invalid for any reason, it shall not invalidate any other section, subsection, paragraph, or part of this article.

(Ord. of 9-23-1999, § VI)

Cross reference

Administration, ch. 2.