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r <br /> i 5 <br /> the County Commissioners under G.S. Sec. 153A-46 . <br /> C. Local zoning approval/hearings. <br /> The NCAC includes a requirement that the permit application <br /> submitted to the State include a letter from the unit of local <br /> government with zoning jurisdiction (in the case of OC-17, Orange <br /> County) stating that the proposal meets all the requirements of the <br /> local zoning ordinance . (This requirement in the Administrative <br /> Code for the letter regarding compliance with local zoning is based <br /> on provisions in General Statute Sec. 130A-294 (bl) (4) . ) <br /> In the case of a publicly owned landfill, there is some <br /> question regarding what is necessary to comply with local zoning <br /> requirements . N.C.G.S . Sec. 153A-347 provides that the County' s <br /> zoning regulations are applicable to the construction of buildings <br /> of a political subdivision. Thus, whether County zoning approval <br /> (possibly a special use permit along with its required hearing <br /> procedures) is needed for the proposed landfill would depend on <br /> what is being proposed for the new site (i .e. , a landfill only or <br /> associated buildings) . An additional factor could be whether the <br /> legal entity or entities which will be applying for the state <br /> permit fit the definition of "political subdivision" . Based on the <br /> law as currently written, no zoning regulations would restrict the <br /> siting of the landfill at OC-17, if the buildings are sited <br /> elsewhere and any of the current local governments or a combination <br /> thereof are the owners and applicants for the state permit . <br /> III . Recommended Process for Further Consideration of OC-17 <br /> Based on the required procedures outlined above, we recommend <br /> the following as next steps: <br /> A. Socioeconomic and demographic data hearing. <br /> In order to comply with the requirements pertaining to public <br /> hearings and consideration of socioeconomic and demographic data, <br /> we recommend the four governing boards (with a quorum from each <br /> present) conduct a joint public hearing if OC-17 is to be <br /> considered as a possible site. Socioeconomic and demographic data <br /> on the four final candidate sites should be submitted. Information <br /> on site OC-17 and other alternative sites should be presented. <br /> Socioeconomic and demographic data should include data prepared and <br /> presented by the governing boards' staffs . Further consideration <br /> of OC-17, including possible final approval, should occur after <br /> this joint hearing. <br /> Each governing board should consider the information presented <br /> at the public hearing and consider further the selection of a site <br /> for a landfill at a follow-up separate meeting of that board. <br /> 3 <br />