Agenda - 08-24-1987 - Laserfiche WebLink

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Board of Commissioners Page Six August 24 , 1987 the discussion, of challenges to zoning decisions, i do not think Orange County can meet the necessary test. Because i think it unlikely that Orange County, as a party plaintiff in a challenge to the annexation,, zoning and conditional use permits of Carrboro, could prevail on the question of standing, I have not researched the facts or the law on the merits of Carrboro' s decisions. That is, I have not made an attempt to determine whether Carrboro followed proper procedures when it annexed the Amberly property, when it zoned it, and when it issued a conditional use permit for its development. Nothing in my opinions 5 here is intended to discourage private citizens from pursuing these questions. In fact, an additional danger in the County's involvement in such a pursuit is that the question of the County' s standing will likely become a distraction in the case. The presentatin by Mr. Spalt and information he provided me subsequent to i his presentation raises, at least questions about the 1 procedures followed by Carrboro in this matter . a The wastewater disposal system proposed Amberly developers must be permittedbythe by the o Environmental Management Commission. This is true because what is proposed is a "treatment works and 1 disposal system discharging to the surface waters of 2 the state. " North Carolina General Statutes Section 143-215. 1 provides generally how this occurs. An o application for a permit must be filed with the Environmental Management Commission at least 180 days in advance of the date on which the applicant desires to commence the discharge of wastes. The Commission must act on the application as rapidly as possible but g it has the power to request such information from the applicant and to conduct such inquiry or investigation as it may deem necessary prior to acting on any application. The Commission is also empowered to adopt rules as it deems necessary with respect to the consideration of any application. The staff of the Department of Natural Resources and Community Development provides a written evaluation and proposed determination with regard to the issuance or denial of a permit. When the Environmental Management Commission, adopts a proposed determination, it causes a notice of the application and of the proposed determination to be given to, among others, all interested persons and to the public. The notice must be given at least 45 days prior to any proposed final action granting or denying the permit. If any