§ 50-21. Permit application.

(a)

Required materials. An application for a minor development permit shall consist of submitting the following to the permit officer and the secretary of environment, health and natural resources:

(1)

A completed application using a form approved and adopted by the coastal resources commission. The application may be made in duplicate to the permit officer, who will then forward a copy to the secretary of environment, health and natural resources.

(2)

An administrative fee in the amount of $50.00.

(b)

Time limits. Upon receipt of a complete application for a minor development permit, the permit officer shall have 25 calendar days to make final disposition of the application unless the applicant is given written notice by registered mail of one additional 25-day extension. Such extensions may be made only in circumstances where the magnitude or complexity of the proposed development requires additional time for proper evaluation of the application.

(c)

Incomplete and inappropriate applications. The permit officer shall return incomplete, insufficient or unauthorized applications to the applicant within 15 calendar days. Any applications received for any activity which constitutes major development shall be returned by the permit officer with instructions for submitting the application to the appropriate state agency.

(d)

Coordination with other local permits. The permit officer shall determine from the application what other permits are required for the development and shall inform the applicant of these other permit requirements.

(e)

Disposition of permit application. After consideration of the evidence submitted with the application, the permit officer shall grant, deny or give conditional approval to the minor development permit. The permit officer shall maintain a record of all evidence and all matters of relevant information to each minor development permit application. Such relevant information shall include, but is not limited to applications, correspondence, public notices, responses to public notices and a copy of the final disposition. Statutory grounds upon which a permit officer bases the denial, conditioned grant or return of applications shall be set out in writing. One copy shall be maintained by the permit officer, and one copy shall be given to the applicant either in person or by registered mail.

(1)

Grant. A minor development permit shall be granted only if consideration of the application results in none of the appropriate findings listed in G.S. 113A-120(a)(1)—(8).

(2)

Conditional approval. The approval of the minor development permit may be conditioned upon the acceptance by the applicant of certain reasonable conditions as set out by the permit officer to protect the public interest with respect to the appropriate findings listed in subsection (e)(1) of this section. The applicant must sign the conditioned grant of approval as an acceptance of the amendments of the proposed project plans in a manner consistent with the conditions set out by the permit officer before the permit shall become effective.

(f)

Passive approval. Failure of the permit officer to approve or deny a properly completed and filed application or to give notice of an extension beyond the initial 25-day disposition period shall result in a passive grant. A passive approval shall have the full force and effect of an unconditional approval.

(g)

Permit display. The property owner shall cause the properly granted minor development permit to be displayed in full view on the site of the development. This requirement shall apply to every permit no matter how it is granted. It is, therefore, necessary that the property owner acquire a permit received by passive approval for purposes of posting on the site before proceeding with the development.

(Code 2003, § 22-33; Ord. of 9-23-1993(2), § 3)