§ 16-122. Administration and enforcement procedures.

(a)

Permit requirements and enforcement. No building permit, rezoning request, or subdivision plan will be approved by the board of commissioners unless the permit, request or plan is in compliance with the groundwater protection standards.

(b)

Enforcement. The board of commissioners or its designee, agent, officers, and employees shall have authority to enter upon privately owned land for the purpose of performing their duties under this article and may take or cause to be made such examinations, surveys or sampling as the board of commissioners deems necessary.

(1)

When a building or other structure has been constructed in violation of this article, the violator shall be required to remove the structure by board of commissioners or its designee.

(2)

When removal of vegetative cover, excavation or fill has taken place in violation of this article, the violator shall be required to restore the affected land to its original contours and to restore vegetation, as far as practicable.

(c)

Permit review and site plan requirement. Application for a development permit within the groundwater recharge area district shall include a site plan, with the exception of certain exempted activities identified in subsection (d) of this section. The following information is required for all site plans:

(1)

A map shall, drawn to a scale of one inch equals 50 feet, showing all planned improvements including:

a.

The width, depth and length of all existing and proposed structures, roads, watercourses and drainageways;

b.

Water, wastewater, and stormwater facilities; and

c.

Utility installations.

(2)

Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site.

(3)

The orientation and distance from the boundaries of the proposed site to the nearest bank of an affected perennial stream or water body.

(4)

Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no greater than five feet.

(5)

Location and detailed design of any spill and leak collection systems designed for the purpose of containing accidentally released hazardous or toxic materials.

(6)

Calculations of the amount of cut and fill proposed and cross sectional drawings showing existing and proposed grades in areas of fill or excavation. Elevations, horizontal scale and vertical scale must be shown on cross sectional drawings.

(d)

Exemptions to site plan requirements. The following activities and development are exempt from the requirement for detailed site plans:

(1)

Single-family detached dwellings constructed within a subdivision of fewer than three parcels.

(2)

Repairs to a facility that is part of a previously approved and permitted development.

(3)

Construction of accessory buildings, such as sheds, or additions to single-family residences.

(e)

Activities to comply with site plan. All development activities or site work conducted after approval of the site plan shall conform with the specifications of said site plan. Significant changes to the site plan that would alter the amount and velocity of stormwater runoff from the site, increase the amount of impervious surface within the development, alter the overall density of development, result in a considerable increase in the amount of excavation, fill or removal of vegetation during construction or otherwise result in an alteration of the overall appearance of the development as proposed, can be amended only with the approval of the board of commissioners. Minor changes, such as the realignment of streets or minor alterations to drainage structures and other infrastructure to meet unexpected conditions are exempted from this requirement.

(f)

Duration of permit validity.

(1)

If construction described in the development permit has not commenced within 12 months from the date of issuance, the permit shall expire.

(2)

If construction described in the development permit is suspended or abandoned after work has commenced, the permit shall expire 12 months after the date that work ceased.

(3)

Written notice of pending expiration of the development permit shall be issued by the board of commissioners.

(g)

Review procedures. The application shall be made to the zoning administrator and will be reviewed within 45 days. At the time of the application, the applicant shall pay a filing fee as specified by board of commissioners. The review period shall include the preparation of findings by the zoning administrator or designee. The board of commissioners shall review the record prepared by the zoning administrator and vote on the permit application. The board of commissioners may approve, approve with conditions, or deny the application. Within seven days of its decision, the zoning administrator shall notify the applicant. If the board of commissioners fails to act on the application within 45 days of its submission to the board of commissioners, the application is deemed to have been approved. Decisions of the board of commissioners may be appealed to the superior court of the county.

(h)

Judicial review. Based on any proceedings and the decision of the proper court of law, the board of commissioners may, within the time specified by the court, elect to:

(1)

Institute negotiated purchase or condemnation proceedings to acquire an easement or fee interest in the applicant's land;

(2)

Approve the permit application with lesser restrictions or conditions (i.e., grant a variance): or

(3)

Institute other appropriate actions ordered by the court that fall within the jurisdiction of the county.

(i)

Amendments. These regulations may from time to time be amended in accordance with procedures and requirements in the general statutes and as new information becomes available.

(j)

Assessment relief. Assessors and boards of assessors shall consider the requirements of these regulations in determining the fair market value of land.

(Code 1998, § 16-406; Ord. of 6-21-2001, § 16-406)