§ 180-64

Other

• Appeal from Zoning Administrator site plan decision30 days

  Any decision made by the Zoning Administrator relating to site plan standards may be appealed to the Board of Zoning Appeals by the applicant. All requests for appeal shall be in writing and shall be filed within 30 days of the date of notification of the decision.

• General application requirements

  All applications for rezoning, zoning permits, zoning variances and/or conditional use permits shall include a site plan, an environmental impact statement, a community impact statement, a letter of intent or justification and any other information deemed necessary by the Zoning Administrator, the Planning Commission and/or the Board of Supervisors in order for the Planning Commission and the Board of Supervisors to determine the impact that the application, if granted, would have on the community as a whole and adjacent properties in particular, taking into account the purpose and intent of this chapter as set forth in § 180-2.

• Bond release deadline30 days

  The Planning Commission shall release, either partially or fully, any bond, escrow, letter of credit or other performance guaranty required by the County under this section within 30 days after receipt of written notice by the applicant of completion of part or all of any facilities required to be constructed hereunder unless the Planning Commission notifies said applicant, in writing, of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of said thirty-day period; provided, however, that the Planning Commission shall not be required to release such bond, escrow, letter of credit or other performance guaranty in an amount to exceed 90% of the actual cost of the construction for which the bond was taken until such facilities have been completed and accepted by the Board of Supervisors or state agency.

• Bond or letter of credit for improvements

  All physical improvements, including private sewer systems, private water systems and Class III roads, required as a contingency to approval of the final plat shall be installed therein and thereon at the expense of the applicant. Prior to consideration of the final plat by the Planning Commission, the applicant shall execute and file with the Zoning Administrator an agreement and bond (or agreements and bonds) in an amount calculated and submitted by a certified engineer and approved by the Planning Commission to be equal to the approximate total cost of such improvements, with surety approved by the Zoning Administrator and the County Attorney, guaranteeing that the required improvements will be properly and satisfactorily installed within such time from the date of final plat approval as may be set by the Planning Commission.

• Environmental compliance for commercial/industrial

  Any proposed use in the industrial and commercial zones shall meet all applicable state and federal laws and regulations with respect to the environment, including but not limited to the Clean Air Act, the Clean Water Act and the Endangered Species Act.

• Environmental impact statement radius0.5 miles

  The effect of the applied-for use, to a reasonable degree of scientific probability, on water (surface, underground and springs) both as to the specific property for which the application is being made, as well as to properties within a radius of one half mile from the subject property.

• Planning Commission action on final site plan60 days

  The Planning Commission shall act on any proposed final site plan within 60 days after it has been officially submitted for approval by either approving or disapproving the final site plan in writing, and giving with the latter specific reasons therefor.

• Final site plan validity period5 years

  After approval, a final site plan shall be valid for a period of five years. If, after five years from the date such plans are approved, construction has not commenced on the site, the final approval is revoked and the Administrator shall notify the Building Official that approval of such plan has terminated.

• Hydrology study duration2 months

  In order to determine the effect of the applied-for use on water, the Planning Commission or Board of Supervisors may require hydrology studies, including pump and/or drawdown tests, to be conducted for up to two months, both on the subject property as well as properties within the aforesaid radius from the property.

• Industrial use chemical listing

  Applications for an industrial use shall include, in addition to the above, a listing of all chemicals to be used, housed or generated on the premises and a statement, verified by oath, on the standards of compliance relative to the emission and/or release of noise, dust, smoke, glare, light, heat, vibration, toxic gases, atomic particles, electromagnetic waves, hazardous substances, solid waste, liquid effluent and any other activity that may cause a disturbance to the environment.

• Planning Commission action on preliminary site plan60 days

  The Planning Commission shall act on any preliminary site plan within 60 days after it has been officially submitted for approval to the Planning Commission.

• Planning Commission action on resubmitted plan45 days

  After the plan has been modified, the Planning Commission shall act on the plan that it previously disapproved within 45 days.

• Planning Commission action after state agency response35 days

  Upon receipt of the approvals from all state agencies, the Planning Commission shall act upon the preliminary site plan within 35 days.

• Preliminary approval deadline10 days

  The Planning Director or the Zoning Administrator shall preliminarily approve or disapprove, in writing, the zoning permit application and site plan within 10 days of its submission in complete form.

• Number of site plan copies15 copies

  Fifteen copies of a preliminary site plan or plans shall be filed with the Zoning Administrator.

• State agency review deadline45 days

  Any state agency making a review of a preliminary site plan forwarded to it shall complete its review within 45 days of receipt of the preliminary site plan.

• Third-party consultant review

  The Planning Commission and/or the Board of Supervisors may require the review of the application, environmental impact statement and community impact statement, including hydrology and transportation studies, by third-party consultants approved by the Planning Commission or Board of Supervisors at the expense of the applicant.

• Zoning permit and site plan for by-rightBy rightPermitted outright: if the plans meet the written rules, permission cannot be withheld. commercial/industrial

  No building or zoning permit shall be issued to construct or erect new buildings and structures for use by right in any Commercial Zone or any Industrial Zone until a zoning permit application, containing a site plan meeting the requirements set forth in this chapter, has been approved by the Planning Director or the Zoning Administrator and Planning Commission as set forth in this subsection.