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20 <br /> <br />• Class B (i.e. 76ft to 199.9 ft.) balloon test/NIM held 6 weeks (42 days) 1 <br />prior to a public hearing. 2 <br />– Conditional Use District (CUD): 45 days prior to a public hearing. 3 <br />– Conditional Zoning District (CZD): 14 days prior to a public hearing. 4 <br />– Minor Subdivisions (flexible development more than 5 lots) before staff action on 5 <br />request. 6 <br />– Major subdivision: 14 days prior to Concept Plan review by Planning Board. 7 <br />– Government Uses: Has to occur prior to the formal submittal of the Zoning 8 <br />Compliance Permit/Site Plan application. 9 <br /> 10 <br />Issue: 11 <br />• NIM typically 45 days before a public hearing. 12 <br />• Projects requiring review/recommendation by Planning Board, NIMs being held within a 13 <br />few days/a week before meeting. 14 <br />• Members of the public, Planning Board members, and elected officials have expressed 15 <br />concerns NIMs are occurring too close to the Planning Board meeting to be of benefit. 16 <br /> 17 <br />Proposal: 18 <br />To address these issues staff is recommending: 19 <br />• NIMS for: 20 <br />– Class A Special Use Permits (Non-telecom facility), 21 <br />– CUD, and 22 <br />– CZD applications 23 <br />be held a minimum of 14 days prior to the Planning Board’s scheduled review of the item. 24 <br />– STAFF COMMENT: Notices of NIM required to be mailed a minimum of 14 days 25 <br />prior to the date of the meeting. 26 <br />• Subdivision stays as is (already 14 days prior to Planning Board) 27 <br />• Balloon test/NIM for Telecommunication Class B Special Use Permits occur 45 days 28 <br />prior to the public hearing (rather than the current 42 days). 29 <br />– STAFF COMMENT: Ensure consistency with established practice that NIM is 30 <br />held minimum 45 days before a public hearing. 31 <br />Amendments address concerns about time between NIMs and Planning Board meetings, and 32 <br />works to establish desired uniformity. 33 <br /> 34 <br />Recommendation: 35 <br />The Manager recommends the Board: 36 <br />1. Receive the proposed amendments; 37 <br />2. Conduct the public hearing and accept comment; 38 <br />3. Close the public hearing. (Note that, because this is a legislative decision, additional 39 <br />comments at a later date are permitted); and 40 <br />4. Decide on one of the following options: 41 <br />a. Adopt the proposed amendments by approving the Statement of Consistency 42 <br />(Attachment 3) and Ordinance (Attachment 4). 43 <br />b. Defer a decision to a later BOCC regular meeting date. 44 <br />c. Refer the item back to the Planning Board for a specific purpose. 45 <br /> 46 <br />Commissioner Jacobs referred to the purpose statement on page 3, which states, “shall 47 <br />be mailed a minimum of 14 days prior to the date of the meeting.” He said this language was 48 <br />not as clear as it might be, and he wondered to which meeting the language referred. 49