Orange County NC Website
Browse       Search
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 4.13.1 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 /> 7. Any disputes over determinations regarding Authorization Certificates shall <br /> be referred to NCDENR-Division of Water Quality for a decision. <br /> D. 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 /> other hardship. <br /> 4:19 <br />