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ORD-2007-218 - Amendments to the Orange Co Stormwater Ord for Lands within the Neuse River Basin
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ORD-2007-218 - Amendments to the Orange Co Stormwater Ord for Lands within the Neuse River Basin
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Last modified
7/24/2012 10:23:54 AM
Creation date
6/15/2010 9:05:01 AM
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BOCC
Date
10/23/2007
Meeting Type
Regular Meeting
Document Type
Ordinance
Agenda Item
4n
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Agenda - 10-23-2007-4n
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\Board of County Commissioners\BOCC Agendas\2000's\2007\Agenda - 10-23-2007
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C. Requests for an Authorization Certificate <br />All requests shall be reviewed and either approved or denied within 60 days of receipt of <br />a complete submission based on the criteria in Section 4.B.1 by the County. Failure to <br />issue an approval or denial within 60 days shall constitute that the applicant has <br />demonstrated "no practical alternatives." The County may attach conditions to the <br />Authorization Certificate that support the purpose, spirit and intent of the riparian buffer <br />protection program. Complete submissions shall include the following: <br />1. The name, address and phone number of the applicant; <br />2. The nature of the activity to be conducted by the applicant; <br />3. The location of the activity, including the jurisdiction; <br />4. A map of sufficient detail to accurately delineate the boundaries of the land to <br />be utilized in carrying out the activity, the location and dimensions of any <br />disturbance in riparian buffers associated with the activity, and the extent of <br />riparian buffers on the land; <br />5. An explanation of why this plan for the activity cannot be practically <br />accomplished, reduced or reconfigured to better minimize disturbance to the <br />riparian buffer, preserve aquatic life and habitat and protect water quality; and <br />6. Plans for any best management practices proposed to be used to control the <br />impacts associated with the activity. <br />D. Disputes <br />Any disputes over determinations regarding Authorization Certificates shall be referred to <br />NCDENR- Division of Water Quality for a decision. <br />E. Variances <br />Persons who wish to undertake uses designated as prohibited have the option of pursuing <br />a variance. The County may grant minor variances. The variance request procedure shall <br />be as follows: <br />1. For any variance request, the County shall make a finding of fact as to <br />whether the following requirements have been met: <br />a) There are practical difficulties or unnecessary hardships that prevent <br />compliance with the strict letter of the riparian buffer protection <br />requirements. Practical difficulties or unnecessary hardships shall be <br />evaluated in accordance with the following: <br />(1) If the applicant complies with the provisions of this Rule, <br />he /she can secure no reasonable return from, nor make reasonable <br />use of, his/her property. Merely proving that the variance would <br />permit a greater profit from the property will not be considered <br />adequate justification for a variance. Moreover, the County shall <br />consider whether the variance is the minimum possible deviation <br />from the terms of this Rule that will make reasonable use of the <br />property possible. <br />(2) The hardship results from application of this Rule to the <br />property rather than from other factors such as deed restrictions or <br />19 <br />
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