ORC agenda 080118 - Laserfiche WebLink

Browse Search

Article 2: Procedures Section 2.2: Applications Orange County, North Carolina – Unified Development Ordinance Page 2-2 SECTION 2.2: APPLICATIONS 2.2.1 Authority to File Applications (A) Applications submitted under this Ordinance shall be submitted by the landowner, as identified by the records of the Orange County Tax Office, or their authorized agent. (B) If the applicant is not the an owner, or sole owner, of the land, a notarized letter signed by the owner(s) consenting to the submission of the application shall be submitted along with all required application information and materials. Where more than one person or entity is listed as the owner, any one shall suffice. 2.2.2 Timely Processing of Applications The Planning Director, Planning Board, Board of Adjustment, Board of County Commissioners and all other authorized review and decision-making bodies shall make every reasonable effort to process, review, and act on applications in a timely manner, consistent with the need to fully consider the application’s proposed impact and ensure that it is consistent with the spirit and intent of the Orange County Comprehensive Plan and otherwise advances the public health, safety, and general welfare. 2.2.3 Burden Of Proof The burden of demonstrating that an application complies with applicable submittal, review, and approval criteria is on the applicant except where otherwise provided in this Ordinance or by law. 2.2.4 Form of Application and Filing Fees (A) Unless a greater number is specified herein for a specific review procedure, three copiesone copy of all applications, including required supporting documentation, shall be submitted by the applicant. Applications detailing the submittal requirements for each type of application are available in the Planning Department office. (B) Officials responsible for accepting applications shall maintain ensure that such applications include a list specifying the materials and information to be submitted with each application filed. The list applications shall be made available to all applicants and to any other person who requests a copy. (C) The Planning Director is authorized to propose and promulgate administrative regulations, including but not limited to the type and amount of data required for a completed application, in order to implement the provisions of this Ordinance. (D) Applications must be accompanied by the fee amount that has been established by Board of County Commissioners. Application fees are nonrefundable except where the Planning Director rejects an application for being incomplete more than five days from submittal. 2.2.5 Pre-application Conference (A) Prior to submittal of an application for review and approval of a: (1) Non-residential development, (2) Special Use Permit (SUP), (3) Conditional Use District (CUD), (4) Conditional Zoning District (CZD), (5) Major Subdivision, and/or Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Comment [JCB4]: There have been issues where multiple owners exist, creating a cumbersome process of identifying, securing and validating complete ownership. Formatted: Indent: Left: 0.5" Comment [JCB5]: See 2.7.8(F) already providing that burden is on those objecting based upon safety concerns. This is consistent with case law regarding guiding standards which are general in nature. Formatted: Indent: Left: 1" Comment [JCB6]: Appears unnecessary and not followed by current practice. Comment [JCB7]: I do not believe such a list exists. In any case, it would probably be a better practice to have the list included on the actual application forms themselves which I think is the current practice. Forms often serve dual purposes of notifying the applicant of requirements and for providing a checklist for staff review for completeness. Comment [JCB8]: This may be best practice, but unsure if it is the current practice. Comment [JCB9]: See 2.2.6 C Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 1" Formatted: Indent: Left: 1.5" 10