Orange County NC Website
guality; and <br />f_ The submission of a formal Mitigation Plan completed in accordance with <br />the provisions of this Ordinance. <br />The request shall be reviewed to determine compliance with applicable zoning, <br />erosion control and water quality regulations All requests shall be reviewed <br />and either approved or denied within forty-five (45) days of receipt of a <br />complete submission based on the criteria outlined above. Failure to issue an <br />approval or denial within forty-five (45) days shall constitute denial by County <br />staff of the No Practical Alternatives Certificate. <br />The Planning Department may attach additional conditions to the No Practical <br />Alternatives Certificate that support the purpose spirit and intent of the stream <br />buffer protection program. <br />4. Issuance of a No Practical Alternative Certificate: <br />Once the Planninq_and Erosion Control departments review the ehtire project, <br />a determination of No Practical Alternatives shall be made. In order to issue a <br />No Practical Alternative Certificate the following findings are required to be <br />affirmed by Planning staff: <br />a The basic project purpose cannot be practically accomplished in a <br />manner that would better minimize disturbance preserve aquatic life <br />and habitat and protect water quality;. <br />b The use cannot practically be reduced in size or intensity, reconfigured <br />or redesigned to better minimize disturbance preserve aquatic life and <br />habitat and protect water quality; and <br />c The proposed mitigation methods are appropriate to offset any negative <br />impact to the required stream buffer and the proposed development. <br />will not adversely impact water .quality harm aquatic life and habitat, <br />and represents the minimal disturbance necessary to allow for the <br />development of the proposed use/activity. <br />5 Recording of No Practical Alternative Certificate: <br />The No Practical Alternatives Certificate shall be in the form of an easement, <br />deed or other suitable form of encumbrance signed by all parties and <br />reviewed by the Orange County Attorney .far consistency and <br />appropriateness. <br />This agreement shall be recorded in the Register of Deeds office for Orange <br />(:minty within tPn (1(ll days from being issued and shall regulate any and all <br />A- 5 <br />