Article XI -Review Processes And Procedures
Subpart E. Permit Approval Processes
§42-347.
General 
All permit applications shall include, at minimum: (1) the name(s) and address(es) of the owner(s) of the property in
question; (2) the location of the property; (3) the PIN as shown on the County tax listing; (4) a description and/or
statement of the present zoning district; (5) the appropriate level of site plan; and, where an applicant chooses to
appoint an agent to speak on their behalf, (6) an agent form. Permit applications may run concurrently with site plan
review, amendment requests or other applications for approvals required for the particular development. All permit
applications shall adhere to the applicable review and approval process as outlined in this Article.
§42-348.
Category One (1) or Two (2) Communication Facility Permits
A.
Purpose. Category One (1) or Two (2) Communication Facility Permits are required for any construction,
alteration or expansion of a communication facility of these categories. 
B.
Permit Issuance. The Communication Facilities Administrator shall issue permits. No permit shall be
issued until a communication facility site plan has been reviewed and approved by the Communication
Facilities Administrator. The permitting process for communication permits complies with NCGS 152A-
349.51A, including all federal and state requirements, and should be interpreted as such.
C.
Application.
(1)
Pre-application Conference. Each applicant for a permit shall meet with the Communication
Facilities Administrator in a pre-application conference prior to, or at the time of, the submittal of
a request for approval of the communication facility. The purposes of this conference are to
provide information to the applicant regarding the review process and assist in the preparation of
the application.
(2)
Application. Each application for a permit shall be submitted with a communication facility site
plan to the Communication Facilities Administrator. The application shall be filed on a form
provided by the Communication Facilities Administrator. The applicant shall be notified within
15 days if the application is deemed incomplete. A full description of deficiencies shall be
identified for the applicant with the understanding that if these deficiencies are cured, the
application will be deemed complete. Incomplete applications must be resubmitted within ten (10)
business days or will not be processed until the following month. Applications may be modified
by the Communication Facilities Administrator as necessary, who may require the applicant to
supply additional information pertaining to the communication facility. Applications for a
Communication Facility Permit Two (2) shall also include the following:
a.
Statement Regarding Accommodation of Additional Users. A statement which indicates
the number of additional users the proposed facility will accommodate, as signed and
sealed by an active, registered North Carolina Professional Engineer.
b.
Statement Regarding Collocation. A written statement, by the applicant, which indicates
willingness to allow future collocations, available at fair market value.
c.
Evidence of Mailing of Notices of Intent. A document, submitted by the applicant, which
shows that the applicant has sent required notices of intent to file an application for a
Communication Facility Permit Two (2) to all owners of property immediately adjacent
to the parcel containing the facility site and all owners of property within a 500 foot
radius as measured from the facility site perimeter. Mailed notices of intent shall be
mailed no fewer than ten (10) days and no more than 30 days prior to the date on which
an application for a Communication Facility Permit Three (3) is filed. Mailed notices of
intent shall include a: (1) vicinity map showing the proposed facility location; (2) sketch
of the facility with dimensions which indicate the proposed tower type and height; and
(3) statement from the Communication Facilities Administrator indicating the processes
and procedures by which the communication facility may be permitted.
d.
Evidence of Lack of Alternative Antenna Sites. A document, submitted by the applicant,
who demonstrates that a reasonable effort has been made to collocate the proposed
antenna on an existing communication facility/alternative structure, and that there are no
feasible alternatives to constructing the proposed communication facility.
  
e.
Evidence of Compliance with Regulations. Documentation, submitted by the applicant,
which demonstrates compliance with all applicable state and federal statutes, ordinances
and regulations which is satisfactory to the Communication Facilities Administrator.
f.
Easement Acquisition Documents. Statements of intent, submitted by the applicant, from
adjacent property owners (where any portion of said property is within a distance of the
tower height from the tower base) to grant an easement to the applicant.
(3)
Review Schedule. None established.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
(5)
Streamlined Collocation Process. Applications for collocation that meet the following
requirements shall have a streamlined process/
a.
The collocation does not increase the overall height of the communication tower or
wireless support structure to which the wireless facilities are attached; 
b.
The collocation does not increase the ground space area approved in the communication
facility site plan for equipment enclosures and ancillary facilities; and
c.
The wireless facilities in the proposed collocation comply with application regulations,
restrictions, or conditions, if any applied to the initial wireless facilities placed on the
communication tower or other wireless support structure.
Applications entitled to the streamlined process shall be reviewed for conformance with applicable
building permit requirements, if any, but shall not otherwise be subject to zoning requirements,
including design or placement requirements or public hearing review.
D.
Staff Review. The Communication Facilities Administrator shall process all applications for a permit and
approve, approve conditionally or deny the approval of the application within 15 business days from the
date the application is filed. If the permit application is denied, the Communication Facilities Administrator
shall notify the applicant in writing stating the reasons for denial. Any denial shall be supported by
substantial evidence and set forth reasons for denial with sufficient particularity that a reviewing authority
may review the evidence supporting denial.
E.
Formal Review. None required.
F.
Permit Validity. Upon the issuance of a permit, the communication facility will be issued a Communication
Facility Registration Number. The applicant shall have six (6) months from the date of issuance thereon to
obtain a building permit or begin substantial construction work on the project. Failure to obtain a building
permit or make substantial construction progress within six (6) months shall render the permit void. The
Communication Facilities Administrator may grant a single extension of this time period of up to six (6)
months upon submittal by the applicant of sufficient justification for the extension. 
§42-349.
Category Three (3) Communication Facility Permits
A.
Purpose. Category Three (3) Communication Facility Permits are required for any construction,
alteration or expansion of a communication facility of this category. 
B.
Permit Issuance. The Zoning Board of Adjustment (ZBA) shall grant the permit and the
Communication Facilities Administrator shall issue permits. No permit shall be issued until a
communication facility site plan has been reviewed and approved by the Communication Facilities
Administrator. No Communication Facility Permit Three (3) shall be issued without the approval of the
ZBA in accordance with the requirements and procedures set forth in this subsection.
C.
Application.
(1)
Pre-application Conference. Each applicant for a permit shall meet with the Communication
Facilities Administrator in a pre-application conference prior to, or at the time of, the submittal of
a request for approval of the communication facility. The purposes of this conference are to
provide information to the applicant regarding the review process and assist in the preparation of
the application.
(2)
Application. Each application for a permit shall be submitted along with the appropriate fee(s), site
plan, statements, evidences and easement acquisition documents to the Communication Facilities
Administrator. Applications shall also include the following:
a.
Statement Regarding Accommodation of Additional Users. A statement which indicates
the number of additional users the proposed facility will accommodate, as signed and
sealed by an active, registered North Carolina Professional Engineer.
b.
Statement Regarding Collocation. A written statement, by the applicant, which indicates
willingness to allow future collocations, available at fair market value.
  
c.
Evidence of Mailing of Notices of Intent. A document, submitted by the applicant, which
shows that the applicant has sent required notices of intent to file an application for a
Communication Facility Permit Three (3) to all owners of property immediately adjacent
to the parcel containing the facility site, and all owners of property within a 1,000 foot
radius as measured from the facility site perimeter. Mailed notices of intent shall be
mailed no fewer than ten (10) days and no more than 30 days prior to the date on which
an application for a permit is filed. Mailed notices of intent shall include a: (1) vicinity
map showing the proposed facility location; (2) sketch of the facility with dimensions
which indicate the proposed tower type and height; and (3) statement from the
Communication Facilities Administrator indicating the processes and procedures by
which the communication facility may be permitted. 
d.
Evidence of Lack of Alternative Antenna Sites. A document, submitted by the applicant,
which demonstrates that a reasonable effort has been made to collocate the proposed
antenna on an existing communication facility/alternative structure, and that there are no
feasible alternatives to constructing the proposed communication facility.
e.
Evidence of Compliance with Regulations. Documentation, submitted by the applicant,
which demonstrates compliance with all applicable state and federal statutes, ordinances
and regulations which is satisfactory to the Communication Facilities Administrator.
f.
Easement Acquisition Documents. Statements of intent, submitted by the applicant, from
adjacent property owners (where any portion of said property is within a distance of the
tower height from the tower base) to grant an easement to the applicant
Applications may be modified by the Communication Facilities Administrator as necessary, who
may require the applicant to supply additional information pertaining to the communication
facility.
(3)
Review Schedule.  As per NCGS §62A-42, a written decision approving or denying the
application shall be given within 30 days in the case of collocation and modification applications,
and within 45 days in the case of other applications. This time shall be measured from the date the
application is deemed complete.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the
application.
D.
Staff Review. The Communication Facilities Administrator shall process and review all
applications for a permit and prepare a staff recommendation for the ZBA on the permit application. An
application shall be deemed complete unless the applicant is notified in writing within 15 days of
submissions of the application.  Specific deficiencies in the application must be identified and if cured the
resubmission must be deemed complete.
E.
Formal Review. Prior to taking any action on a permit, the ZBA shall consider the
Communication Facilities Administrator’s recommendation on the permit application.
F.
Public Hearing. Prior to considering a communication facility permit application the ZBA shall
hold a public hearing on the application in accordance with §42-371 (Quasi-Judicial Process Standards). 
G.
Public Notification. Public notification of such hearing shall comply with the provisions of §42-
371 (Quasi-Judicial Process Standards). The Communication Facilities Administrator shall be responsible
for all necessary public notifications.
H.
Quasi-judicial Proceeding. The concurring vote of a majority of the ZBA shall be necessary to
grant the permit. As per NCGS §62A-42, a written decision approving or denying the application shall be
given within 30 days in the case of collocation and modification applications, and within 45 days in the
case of other applications.  This time shall be measured from the date the application is deemed complete.  
(1)
Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the
regulations of this Chapter that set forth specific standards for the communication facility have
been met. Any approval or denial of the request must be in writing and be permanently filed with
the office of the ZBA and with the Communication Facilities Administrator as a public record.
a.
Any decision denying an application must be supported by substantial evidence in the
record before the authority and must set forth the reasons for the denial with sufficient
particularity to allow a reviewing entity to review the evidence supporting the reasons for
denial.
b.
An authority may deny an application to construct a new wireless support structure based
upon an applicant’s unwillingness to evaluate the reasonable feasibility of collocating
  
new antennas and equipment on an existing structure within the applicant’s search ring
according to NCGS §62A-43
(2)
Conditions. The ZBA shall, in granting a permit, prescribe that required easement documents be
recorded and copies of said recorded easements be submitted to the Communication Facilities
Administrator.
I.
Permit Validity. Upon the approval of the ZBA and the submittal of recorded easements, the
Communication Facilities Administrator may issue the permit and the required County Communication
Facility Registration Number. The applicant shall have six (6) months from the date of issuance thereon to
obtain a building permit or begin substantial construction work on the project. Failure to obtain a building
permit or make substantial construction progress within six (6) months shall render the permit void. The
Communication Facilities Administrator may grant a single extension of this time period of up to six (6)
months upon submittal by the applicant of sufficient justification for the extension.
(1)
Permit Revocation. The Communication Facilities Administrator and/or ZBA may revoke a permit
for violations of any part of this Chapter. Failure to secure and record any of the required
easements shall be grounds for revocation. If the Communication Facilities Administrator finds a
communication facility to be in violation, he/she shall notify the applicant in writing, stating the
specific violations and setting reasonable time limits for corrective actions and subsequent
inspections. In the event that the applicant takes no action to correct violations, the
Communication Facilities Administrator shall notify him/her, by certified mail, that the permit
will be revoked at the close of ten (10) business days from the date of the written notice. Should
the applicant correct the violations prior to the permit being revoked, he shall request that the
Communication Facilities Administrator conduct an inspection. If the Communication Facilities
Administrator finds that the communication facility is no longer in violation, he/she shall notify
the applicant that the permit will continue to be valid. If the violations have not been remedied,
the permit shall be revoked. Where use of a communication facility is discontinued, such notice of
discontinuance shall be made in writing by the applicant and submitted to the Communication
Facilities Administrator; further, where the use of the communication facility is discontinued for a
12 month period, such permit shall be revoked. Such revocation and the reasons for such shall be
made in writing to the applicant.
(2)
Implications of Revoked Permit. Where a permit has been revoked:
a.
The operation of the communication facility shall be terminated, and the use
may only be reinstated upon application as in the case of a new matter.
b.
The applicant (facility owner/operator and/or site owner) shall not be allowed to
collocate any additional communication facilities at that site, erect another
communication facility or obtain any additional permits.
c.
The facility owner/operator and/or site owner shall be jointly and severally
responsible for the required removal of the communication facility within 180-days of
receipt of written notification of Communication Facility Permit Three (3) revocation.
§42-350.
Floodplain Development Permits
A.
Purpose. A Floodplain Development Permit shall be required for any new development in a Special
Flood Hazard Area (SFHA), except for watercourse alteration and stream bank restoration where the same
is permitted by the United States Corps of Engineers and, if applicable, the State of North Carolina (for
watercourse alteration and stream bank restoration where a proper and appropriate permit from the United
States Corps of Engineers and, if applicable, the State of North Carolina, has been granted, no further
permit from Henderson County is required).
B.
Permit Issuance. The Floodplain Administrator shall issue Floodplain Development Permits.
C.
Application.
(1)
Application. Application for a Floodplain Development Permit shall be made to the Floodplain
Administrator prior to any development activities proposed to be located within an SFHA. The
following items/information shall be presented to the Floodplain Administrator to apply for a
Floodplain Development Permit:
a.
A plot plan drawn to scale which shall include, but shall not be limited to, the following
specific details of the proposed floodplain development:
1.
The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility systems,
  
proposed grading/pavement areas, fill materials, storage areas, drainage
facilities, and other proposed development;
2.
The boundary of the Special Flood Hazard Area as delineated on the FIRM or
other flood map as determined in §42-233.2 (Basis for Establishing the Special
Flood Hazard Areas), or a statement that the entire lot is within the Special
Flood Hazard Area;
3.
Flood zone(s) designation of the proposed development area as determined on
the FIRM or other flood map as determined in §42-233.2 (Basis for Establishing
the Special Flood Hazard Areas); or a statement that the entire lot is within the
Special Flood Hazard Area;
4.
The boundary of the flood fringe area, if any, as set out in the FIRM;
5.
The boundary of the floodway(s) or non-encroachment area(s) as determined in
§42-233.2 (Basis for Establishing the Special Flood Hazard Areas);
6.
The Base Flood Elevation (BFE), where provided, as set forth in §42-233.2
(Basis for Establishing the Special Flood Hazard Areas); §42-311 (Henderson
County Floodplain Administrator) A (Powers and Duties Pursuant to this
Chapter) (14), (17), and (18); §42-235.4 (Standards for Floodplains without
Established Base Flood Elevations); and/or §42-235.5 (Standards for Riverine
Floodplains with BFE Data but Without Established Floodways);
7.
The old and new location of any watercourse that will be altered or relocated as
a result of the proposed development; and
8.
Certification of the plot plan by, or under the direct supervision of, a registered
land surveyor or professional engineer.
b.
Proposed elevation, and method thereof, of all development within a Special Flood
Hazard Area including but not limited to:
1.
Elevation in relation to mean sea level of the proposed reference level (including
basement) of all structures;
2.
Elevation in relation to mean sea level to which any nonresidential structure in
Zone AE, A or AO will be flood proofed; and
3.
Elevation in relation to mean sea level to which any proposed utility systems
will be elevated or flood proofed;
c.
If floodproofing, a Floodproofing Certificate (FEMA Form 81-65) with supporting data,
an operational plan, and an inspection and maintenance plan that include, but are not
limited to, installation, exercise, and maintenance of floodproofing measures. Back-up
plans from a registered professional engineer or architect certifying that the
nonresidential flood proofed development will meet the floodproofing criteria in Article
VIII (Natural Resources) Subpart A (Flood Damage Prevention) are also required.
d.
A Foundation Plan, drawn to scale, which shall include details of the proposed
foundation system to ensure all provisions of Article VIII (Natural Resources) Subpart A
(Flood Damage Prevention) are met. These details include but are not limited to:
1.
The proposed method of elevation, if applicable (i.e., fill, solid foundation
perimeter wall, solid backfilled foundation, open foundation on
columns/posts/piers/piles/shear walls); and
2.
Details of sufficient openings to facilitate automatic equalization of hydrostatic
flood forces on walls in accordance with §42-235.2 (Specific Standards) D
(Elevated Structures) (3) when solid foundation perimeter walls are used in
Zones A, AO, and AE.
e.
Usage details of any enclosed space below the lowest floor.
f.
Plans and/or details for the protection of public utilities and facilities such as sewer, gas,
electrical, and water systems to be located and constructed to minimize flood damage.
g.
Copies of all other Local, State and Federal permits required prior to Floodplain
Development Permit issuance (Wetlands, Endangered Species, , Riparian Buffers,
Mining, etc.).
h.
Documentation for placement of recreational vehicles and/or temporary structures to
ensure the provisions of §42-235.2 (Specific Standards) F (Recreational Vehicles) are
met.
  
i.
Where the base flood elevation data is not provided, the application for a development
permit must show construction of the lowest floor at least two (2) feet above the highest
adjacent grade.
j.
A description of proposed watercourse alteration or relocation when applicable,
including an engineering report on the effects of the proposed project on flood-carrying
capacity of the watercourse and the effects to properties located both upstream and d
downstream; and a map (if not shown on plot plan) showing the location of the proposed
watercourse alteration or relocation.
(2)
Certification Requirements.
a.
Elevation Certificates.
1.
An Elevation Certificate (FEMA Form 81-31) is required prior to the actual start
of any new construction. It shall be the duty of the permit holder to submit to the
Floodplain Administrator a certification of the elevation of the reference level,
in relation to mean sea level. Elevation certification shall be prepared by, or
under the direct supervision of, a professional land surveyor or professional
engineer and certified by same. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall be
corrected by the permit holder prior to the beginning of construction. Failure to
submit the certification or failure to make required corrections shall be cause to
deny a Floodplain Development Permit.
2.
An Elevation Certificate (FEMA Form 81-31) is required after the reference
level is established. Within seven (7) calendar days of establishment of the
reference level elevation, it shall be the duty of the permit holder to submit to
the Floodplain Administrator a certification of the elevation of the reference
level, in relation to mean sea level. Elevation certification shall be prepared by
or under the direct supervision of, a professional land surveyor or professional
engineer and certified by same. Any work done within the seven (7) day
calendar period and prior to submission of the certification shall be at the permit
holder’s risk. The Floodplain Administrator shall review the certificate data
submitted. Deficiencies detected by such review shall be corrected by the permit
holder immediately and prior to further work being permitted to proceed. Failure
to submit the certification or failure to make required corrections shall be cause
to issue a stop-work order for the project.
3.
A Final As-Built Elevation Certificate (FEMA Form 81-31) is required after
construction is completed and prior to Floodplain Development Certificate of
Compliance/Occupancy issuance. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of final as-built
construction of the elevation and all attendant utilities. Said elevation
certification shall be prepared by, or under the direct supervision of, a registered
land surveyor or professional engineer and certified by same. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies detected
by such review shall be corrected by the permit holder immediately and prior to
Floodplain Development Certificate of Compliance/Occupancy issuance. In
some instances, another certification may be required to certify corrected as-
built construction. Failure to submit the certification or failure to make said
corrections required shall be cause to withhold the issuance of a Floodplain
Development Certificate of Compliance/Occupancy.
b.
Floodproofing Certificates. If nonresidential floodproofing is used to meet the regulatory
flood protection elevation requirements, a Floodproofing Certificate (FEMA Form 81-65)
with supporting data, an operational plan, and an inspection and maintenance plan are
required prior to the actual start of any new construction. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of the flood proofed
design elevation of the reference level and all attendant utilities, in relation to mean sea
level. Said floodproofing certification shall be prepared by or under the direct supervision
of a professional engineer or architect and certified by same. The Floodplain
Administrator shall review the certificate data, the operational plan, and the inspection
  
and maintenance plan submitted. Deficiencies detected by such review shall be corrected
by the applicant prior to Floodplain Development Permit approval. Failure to submit the
certification or failure to make required corrections shall be cause to deny a Floodplain
Development Permit. Failure to construct in accordance with the certified design shall be
cause to withhold the issuance of a Floodplain Development Certificate of
Compliance/Occupancy.
c.
Engineered Foundation Certificates. If a manufactured/mobile home is placed within
Zone A, AO, or AE and the elevation of the chassis is above 36 inches in height, an
engineered foundation certification is required per §42-235.2 (Specific Standards) B
(Manufactured/Mobile Homes).
d.
Certification Exemptions. The following structures, if located within Zone A, AO, or AE
are exempt from the elevation/floodproofing certification requirements specified in item
C(1) and C(2) above:
1.
Recreational Vehicles meeting the requirements of §42-235.2 (Specific
Standards) F (Recreational Vehicles)
2.
Temporary structures meeting requirements of §42-235.2 (Specific Standards)
G (Temporary Nonresidential Structures); and
3.
Accessory structures less than 150 square feet meeting requirements of §42-
235.2 (Specific Standards) H (Accessory Structures).
(3)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a
collection procedure, for permits, plan review, inspections, and other matters pertaining to Article
VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a permit or
certificate shall be processed unless or until such fees, as established, and all estimated expenses
have been paid in full, nor shall any action be taken on appeals before the Henderson County
Flood Damage Prevention Board unless and until any fees and estimated expenses have been paid
in full.
D.
Permit Issuance. The Floodplain Development Permit shall include, but not be limited to:
(1)
A description of the development to be permitted under the Floodplain Development Permit
issuance.
(2)
The Special Flood Hazard Area determination for the proposed development in accordance with
available data specified in §42-233.2 (Basis for Establishing the Special Flood Hazard Areas).
(3)
The Regulatory Flood Protection Elevation required for the reference level and all attendant
utilities.
(4)
The Regulatory Flood Protection Elevation required for the protection of all public utilities.
(5)
All certification submittal requirements with timelines.
(6)
A statement that no fill materials or other development shall encroach into the floodway, non-
encroachment area, or the flood fringe area of any watercourse, if applicable, except as permitted
in §42-235.1 (General Standards), or pursuant to a Special Fill Permit issued pursuant to §42-255
(Special Fill Permits).
(7)
The flood opening requirements, if in Zones A, AO, or AE.
(8)
A statement of limitations of below BFE enclosure uses (if applicable), including but not limited
to parking, structure access and limited storage only.
E.
Permit Validity. A Floodplain Development Permit shall be construed as permission to proceed with
work and not as authority to violate, cancel, alter, or set aside any of the provisions of Article VIII (Natural
Resources) Subpart A (Flood Damage Prevention) or any regulations included by reference. Issuance of a
permit shall not prevent the Floodplain Administrator from thereafter requiring correction of errors in plans
or construction, or violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
(1)
Permit Revocation. The Floodplain Administrator may revoke and require the return of the
Floodplain Development Permit by notifying the permit holder in writing stating the reason(s) for
the revocation. Permits shall be revoked for any substantial departure from the approved
application, plans, and specifications; for refusal or failure to comply with the requirements of
State or local laws; or for false statements or misrepresentations made in securing the permit. Any
Floodplain Development Permit mistakenly issued in violation of an applicable State or local law
may also be revoked.
  
§42-351.
Manufactured Home Park (MHP) Construction Permits.
A.
Purpose. Manufactured Home Park (MHP) Construction Permits are required for any construction,
alteration or expansion of an MHP
B.
Permit Issuance. The MHP Administrator shall issue the permit. No permit shall be issued until the MHP
Site Plan has been reviewed and approved by the Technical Review Committee (TRC).
C.
Application.
(1)
Pre-application Conference. Each applicant for a permit shall meet with the MHP Administrator
in a pre-application conference prior to, or at the time of, the submittal of a request for approval of
the MHP. The purposes of this conference are to provide information to the applicant regarding
the review process and assist in the preparation of the application.
(2)
Application. Each application for a permit shall be submitted along with the appropriate fee(s) and
site plan, to the MHP Administrator. Applications may be modified by the MHP Administrator as
necessary, who may require the applicant to supply additional information pertaining to the MHP
(3)
Review Schedule. Applications shall be submitted on or before the date required by the Planning
Department for review of the MHP Site Plan at the meeting of the TRC.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
D.
Staff Review. Provided the MHP Site Plan is approved by the TRC, the MHP Administrator shall approve
the application, noting any site improvements that must be made prior to the issuance of an MHP
Completion of Improvements (COI) Permit (see §42-352 (MHP COI Permits)). Site improvements required
prior to the issuance of a COI may include: buffers, internal roads, vertical clearance on roads, driveways,
parking, erosion and sedimentation controls, stormwater drainage, culverts, sewage disposal systems, water
supply systems, fire protection, solid waste disposal areas, electrical hookup and/or MHP identification
signs.
E.
Formal Review. None required.
F.
Permit Validity. Upon the issuance of a permit, the applicant shall have two (2) years to complete
construction of site improvements as stated in such permit for the MHP or phase thereof, except as
otherwise noted below. The MHP Administrator may grant a single extension of this time period of up to
six (6) months upon submittal by the applicant of sufficient justification for this extension.
§42-352.
Manufactured Home Park (MHP) Completion of Improvements (COI) Permits.
A.
Purpose. Completion of Improvements (COI) Permits are required for the leasing of spaces and/or the
ability to obtain set-up and building permits for manufactured/mobile homes and other structures within a
Manufactured Home Park (MHP).
B.
Permit Issuance. The MHP Administrator shall issue the permit. No permit shall be issued until the MHP
Site Plan (see §42-329 (Manufactured Home Park Site Plan Review)) has been reviewed and approved by
the Technical Review Committee (TRC) through the issuance of an MHP construction permit by the MHP
Administrator (see §42-351 (MHP Construction Permits)).
C.
Application
(1)
Pre-Application Conference. None required. 
(2)
Application. Each application for a permit shall be submitted, along with the appropriate fee(s)
and site plan, to the Manufactured Home Park Administrator. Applications shall additionally
include one (1) as-built drawing (at a scale of one (1) inch equals 100 feet) of the completed MHP
or phase thereof. Applications may be modified by the MHP Administrator as necessary, who may
require the applicant to supply additional information pertaining to the MHP. If the application is
found to be incomplete, the MHP Administrator shall notify the applicant of any deficiencies.
(3)
Review Schedule. Applications shall only be accepted when site improvements for the MHP or
phase thereof are complete and the applicant has provided evidence that property addresses have
been assigned to each manufactured/mobile home and any other structures.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
D.
Staff Review. The MHP Administrator shall process and review all applications for the permit after
submitted. The MHP Administrator shall: (1) make an inspection of the MHP to ensure compliance with
this Chapter; (2) verify that required site improvements as listed on the MHP construction permit (see §42-
351 (MHP Construction Permits)) have been made; and, if the inspection shows the MHP adheres to those
standards outlined in the MHP Site Plan and contains all site improvements required by the MHP
construction permit, and (3) approve the application.
E.
Formal Review. None required.
  
F.
Permit Validity. Upon the issuance of a permit, the applicant shall have the ability to lease spaces and/or
the ability to obtain set-up and building permits for manufactured/mobile homes and other buildings within
the MHP. The permit may be reinstated if the MHP applicant applies to the MHP Administrator and the
MHP Administrator finds that the MHP is in compliance with the requirements of this Chapter.
(1)
Permit Revocation. The MHP Administrator may revoke a permit for violations of any part of this
Chapter, except for those regulated by the Health, Inspections or Solid Waste Departments. In
these cases, the MHP Administrator shall work with the other departments regarding the
revocation of a permit. If the MHP Administrator finds a MHP to be in violation, he shall notify
the applicant in writing, stating the specific violations and setting reasonable time limits for
corrective actions and subsequent inspections. In the event that the applicant takes no action to
correct violations, the MHP Administrator shall notify him/her, by certified mail, that the permit
for the MHP will be revoked at the close of ten (10) business days from the date of the written
notice. Should the applicant correct the violations prior to the permit being revoked, he shall
request that the MHP Administrator conduct an inspection. If the MHP Administrator finds that
the MHP is no longer in violation, he/she shall notify the applicant that the permit will continue to
be valid. If the violations have not been remedied, the permit shall be revoked. Such revocation
and the reasons for such shall be made in writing to the MHP applicant.
(2)
Implications of Revoked Permit. Where a permit has been revoked, the applicant shall:
a.
Not rent or lease any vacant spaces until the violations have been corrected and the
permit is reinstated; and
b.
Notify each renter/lessee of a space within the MHP within ten (10) days after receiving
written notification that the permit has been revoked. The applicant shall provide the
MHP Administrator with a signed statement from each renter/lessee indicating that notice
from the applicant has been received. Any lease that is renewed after revocation of the
permit shall be at the renter’s/lessee’s own risk.
§42-353.
Sign Permits
A.
Purpose. Sign Permits are required for the erection, movement, addition to or structural alteration of any
sign not exempt by this Chapter.
B.
Permit Issuance. The Zoning Administrator shall issue the permit. 
C.
Application. 
(1)
Pre-application Conference. None required.
(2)
Application. Each application for a permit shall be filed on a form provided by the Zoning
Administrator. Applications shall additionally include the following: (1) location of the sign on the
lot in relation to the property lines and any existing or proposed signs or structures; (2) sign
structural specifications; and (3) additional information needed to determine if the sign will be
erected in conformance with this Chapter. Applications may be modified by the Zoning
Administrator as necessary, who may require the applicant to supply additional information.
(3)
Review Schedule. None established.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
D.
Staff Review. The Zoning Administrator shall process and review all applications for a permit. If the
application is found to be incomplete, the Zoning Administrator shall notify the applicant of any
deficiencies. The Zoning Administrator shall approve, approve conditionally or deny the approval of the
application.
E.
Permit Validity. Upon the issuance of a permit, the applicant shall have six (6) months from the date of
issuance thereon to begin erecting the sign. Failure to make construction progress within six (6) months
shall render the permit void. The Zoning Administrator may grant a single extension of this time period of
up to six (6) months upon submittal by the applicant of sufficient justification for the extension.
§42-354.
Soil Erosion and Sedimentation Control Permits (See §42-256 - Erosion and Sedimentation
Control Plans)
§42-355.
Special Fill Permits
A.
Purpose. Special Fill Permits in the flood fringe may be granted by the Flood Damage Prevention
Board in particular cases meeting specific community need and subject to appropriate conditions and
safeguards.
  
(1)
Proposed encroachment would not result in any increase in the flood levels during the occurrence
of the base flood; and,
(2)
Special Fill Permit, if granted will result in no net decrease in flood storage capacity on the parcel
upon which the fill is proposed; and,
(3)
Proposed encroachment will not violate any other Federal, State or Henderson County laws, rules,
ordinances, or regulations; and,
(4)
Special Fill Permit, if granted, will comply with the Comprehensive Plan, and that, if granted, it
will advance a public or community purpose, and that such purpose is sufficiently substantial to
justify issuance of the Special Fill Permit.
Any grant of a Special Fill Permit by the Flood Damage Prevention Board may include conditions, which
must be satisfied by the applicant. These conditions must be based on evidence presented at the hearing,
and must be related to increasing the flood-control capabilities of the parcel for which the fill permit is
sought.
B.
Permit Issuance. The Flood Damage Prevention Board shall have the power to grant permits for special
fill in the flood fringe. In order to grant a Special Fill Permit, the Flood Damage Prevention Board must
conclude that the:
C.
Application.
(1)
Application. The application for the permit shall be on a form provided by the Floodplain
Administrator, and shall be submitted prior to any fill activity requiring a Special Fill Permit. The
application shall include the following:
a.
Certification, on a form as published by FEMA, or acceptable alternative form approved
by FEMA, of hydrological and hydraulic analyses, performed in accordance with
standard engineering practice, that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood; or
b.
Technical documentation in the form of hydraulic analysis of the existing and proposed
conditions. This documentation shall be either: complete runs of existing and proposed
conditions using the HEC II/HEC-RAS step backwater analysis computer program as
prepared by the US Army Corp. of Engineers for the analysis of flow plan hydraulics; or
c.
An alternative method currently approved by FEMA for use in the revision process for
FEMA flood maps. In this case, the engineer shall provide a letter from FEMA indicating
that the method used is acceptable; and,
d.
Any other technical documentation in the form of detailed site and construction plans,
showing that all requirements of Article VIII (Natural Resources) Subpart A (Flood
Damage Prevention) are met.
e.
The application shall also include certification of hydrological and hydraulic analyses,
performed in accordance with standard engineering practice, demonstrating that the
Special Fill Permit, if granted, will result in no net decrease in flood storage capacity on
the parcel upon which the fill is proposed.
f.
The application shall include information demonstrating compliance with the
Comprehensive Plan, and demonstrating the substantial public or community purpose(s)
which the Special Fill Permit, if granted, will advance. Examples of substantial public or
community purpose(s) advanced by the Special Fill Permit, if granted, which must be
demonstrated include:
1.
Advancing a governmental purpose, which includes promoting and preserving
use of land for agriculture.
2.
Meeting public infrastructure needs.
3.
Projects which fall under the Board of Commissioners’ Economic Incentives
Guidelines.
4.
Redevelopment projects which have the effect of substantially increasing the
flood-control capabilities of the parcel.
g.
A complete listing of the names and mailing addresses of all owners of real property
adjacent to the parcel upon which the Special Fill Permit is proposed.
(2)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
The Board of Commissioners shall establish a Schedule of Fees, charges and expenses, and a
collection procedure, for permits, plan review, inspections, and other matters pertaining to Article
VIII (Natural Resources) Subpart A (Flood Damage Prevention). No application for a permit or
  
certificate shall be processed unless or until such fees, as established, and all estimated expenses
have been paid in full, nor shall any action be taken on appeals before the Henderson County
Flood Damage Prevention Board unless and until any fees and estimated expenses have been paid
in full.
D.
Staff Review. The Floodplain Administrator shall review the application for compliance with Article
VIII (Natural Resources) Subpart A (Flood Damage Prevention) and transmit the application to Federal,
State and local agencies for review and comment. The Floodplain Administrator shall place the application
on the agenda of the first regular Planning Board meeting after at least 30 days from the receipt of a
complete application.
E.
Formal Review.
(1)
Henderson County Planning Board Review and Recommendation. The review by the Planning
Board shall not be quasi-judicial in nature.
a.
Public notification of the Planning Board meeting shall comply with the provisions of
§42-371 (Quasi-Judicial Process Standards). The Floodplain Administrator shall be
responsible for all necessary public notifications.
b.
The Planning Board shall hear a summary and review of the application by the
Floodplain Administrator, evidence as presented by the applicant, and such other
evidence as the Planning Board may find useful.
c.
The Planning Board shall, within 60 days of the date the application is first considered by
the Planning Board, issue its recommendation to the Flood Damage Prevention Board as
to the grant or denial of the application.
(2)
Flood Damage Prevention Board Public Hearing. The Flood Damage Prevention Board shall hold
a quasi-judicial public hearing that complies with the provisions of §42-371 (Quasi-Judicial
Process Standards).
a.
Public notification of the Flood Damage Prevention Board meeting shall comply with the
provisions of §42-371 (Quasi-Judicial Process Standards). The Floodplain Administrator
shall be responsible for all necessary public notifications.
b.
The Flood Damage Prevention Board shall consider a summary of the proposed project
from the Floodplain Administrator, evidence in support of the project and concerning the
issues upon which proof must be submitted under Article VIII (Natural Resources)
Subpart A (Flood Damage Prevention) from the applicant, evidence from adjacent
property owners, and such other evidence as the Flood Damage Prevention Board finds
useful.
c.
The Flood Damage Prevention Board shall reach a decision within 45 days of the
conclusion of the quasi-judicial hearing.
F.
Permit Validity. A Special Fill Permit shall be construed as permission to proceed with work and not
as authority to violate, cancel, alter, or set aside any of the provisions of Article VIII (Natural Resources)
Subpart A (Flood Damage Prevention) or any regulations included by reference. Issuance of a permit shall
not prevent the Floodplain Administrator from thereafter requiring correction of errors in plans or
construction, or violations of Article VIII (Natural Resources) Subpart A (Flood Damage Prevention).
§42-356.
Special Use Permits
A.
Purpose. Special Use Permits are required where individual consideration of location, design, configuration
and/or operation of a use at a proposed site are necessary to ensure site appropriateness, compatibility with
surrounding uses and the protection of the public health, safety and welfare. Development standards shall
be used as the basis for developing conditions for a permit; however, individualized conditions may also be
imposed throughout the application process. Any use identified which requires a permit shall not be
permitted without the approval of the Zoning Board of Adjustment (ZBA) in accordance with the
requirements and procedures set forth in this subsection.
B.
Permit Issuance. The ZBA shall grant permits. The Zoning Administrator shall issue permits.
C.
Application.
(1)
Pre-application Conference. Each applicant for a permit shall meet with the Zoning Administrator
in a pre-application conference no later than two (2) calendar weeks prior to the date the
application is due. The purposes of this conference are to provide information to the applicant
regarding the review process and assist in the preparation of the application.
  
(2)
Application. Each application for a permit shall be submitted along with the appropriate fee(s) and
site plan, to the Zoning Administrator on or before the first business day of the month.
Applications may be modified by Zoning Administrator as necessary, who may require the
applicant to supply additional information pertaining to the permit. Incomplete applications must
be resubmitted on or before the first business day of the month or will not be processed until the
following month.
(3)
Review Schedule. Applications for a permit have a 60 day processing period for notification
requirements and review by the Zoning Administrator and Technical Review Committee (TRC)
prior to the public hearing.
(4)
Fees. Any review fee established by the Board of Commissioners shall be submitted with the
application.
D.
Staff Review. Code Enforcement Services Staff shall: (1) process and review all applications for a permit;
(2) present the application to the TRC for its comments and recommendations; (3) forward the application
on to the appropriate departments and agencies for their review; and (4) prepare a staff recommendation for
the ZBA on the permit application.
E.
Formal Review. Prior to taking any action on a permit, the ZBA shall consider the Zoning Administrator’s
recommendation on the permit application. 
F.
Public Hearing. Prior to considering a permit application the ZBA shall hold a public hearing on the
application in accordance with §42-371 (Quasi-Judicial Process Standards). 
G.
Public Notification. Public notification of such hearing shall comply with the provisions of §42-371 (Quasi-
Judicial Process Standards). The Zoning Administrator shall be responsible for all necessary public
notifications.
H.
Quasi-judicial Proceeding. The concurring vote of a four-fifths (4/5) of the members of the ZBA shall be
necessary to grant the permit. Vacant seats and disqualified members are not counted in computing the
simple majority. Any approval or denial of the request must be in writing and be permanently filed with the
office of the ZBA and with the Zoning Administrator as a public record.
(1)
Standards of Review. The ZBA shall not approve a permit unless it makes written findings that the
regulations of this Chapter that set forth specific standards for the use have been met. The ZBA
may consider the type of use, size of the use, size of the property and other relevant factors in
evaluating the permit application. The applicant will not bear the burden of proving that all of the
site standards (as listed below) have been met; however, the applicant will be required to produce
evidence sufficient to rebut any evidence presented that the site standards would not be met or that
a condition is necessary. The applicant may be required, in his/her rebuttal, to show that the
proposed use will:
a.
Not materially endanger the public health, safety or welfare; 
b.
Not substantially injure the value of property or improvements in the area; and
c.
Be in harmony with the surrounding area. 
Additionally the applicant may be required, in his/her rebuttal, to show that the proposed use shall
be located and developed in such a manner as to:
a.
Comply with all applicable local, state and federal statutes, ordinances and regulations; 
b.
Be in accordance with the Comprehensive Plan, Long Range Transportation Plans and
Comprehensive Transportation Plans of the County and/or Long Range Transportation
Plans and Comprehensive Transportation Plans of any municipality of the County; 
c.
Minimize the effects of noise, glare, dust, solar access and odor on those persons residing
or working in the neighborhood of the proposed use; and
d.
Minimize the environmental impacts on the neighborhood including the following
groundwater, surface water, wetlands, endangered/threatened species, archeological sites,
historic preservation sites and unique natural areas.
Finally, the applicant may be required, in his/her rebuttal, to show that satisfactory
provision/arrangement has been made (where applicable or required) concerning:
a.
Ingress and egress to property and proposed structures thereon (with particular reference
to automotive/pedestrian safety/convenience and traffic flow/control);
b.
Off-street parking and loading areas;
c.
Utilities (with particular reference to locations, availability and compatibility);
d.
Buffering and landscaping (with particular reference to type, location and dimensions);
and
  
e.
Structures (with particular reference to location, size and use).
(2)
Conditions. The ZBA may, in granting a permit, prescribe: (1) additional conditions; (2) additional
safeguards; (3) a time limit within which the use shall be begun; and/or (4) a time limit within
which a use shall be completed.
I.
Permit Validity. Upon the issuance of a permit a signed order detailing the conditions of the permit shall be
submitted to the Zoning Administrator. The Zoning Administrator may then issue related permits.
(1)
Permit Revocation. The Zoning Administrator and/or ZBA may revoke a permit if, at any time
after the issuance of the permit, it is found that the conditions imposed on/agreements made with
the applicant have not been or are not being fulfilled by the holder of the permit.
(2)
Implications of Revoked Permit. Where a permit has been revoked the operation of such use shall
be terminated and the use may only be reinstated upon application as in the case of a new matter.
§42-357.
Stormwater Management Permits
A.
Purpose. A Stormwater Management Permit is required for all development and redevelopment unless
exempt pursuant to Article VIII (Natural Resources) Subpart B (Water Quality). 
B.
Permit Issuance. A Stormwater Management Permit may only be issued subsequent to a properly
submitted and reviewed Stormwater Management Permit application, pursuant to this section.
C.
Application. 
(1)
Concept Plan and Consultation Meeting. The Water Quality Administrator or developer may
request a consultation on a concept plan for the post-construction stormwater management system
to be utilized in the proposed development project. This consultation meeting should take place at
the time of subdivision development plan pre-application, site plan development, or other early
step in the development process. The purpose of this meeting is to discuss the post-construction
stormwater management measures necessary for the proposed project, as well as to discuss and
assess constraints, opportunities and potential approaches to stormwater management designs
before formal site design engineering is commenced. Local watershed plans and other relevant
resource protection plans should be consulted in the discussion of the concept plan. The concept
plan should be submitted in advance of the meeting and should include:
a.
Existing Conditions/Proposed Site Plans. Existing conditions and proposed site layout
sketch plans, which illustrate at a minimum: (1) existing and proposed topography; (2)
perennial and intermittent streams; (3) mapping of predominant soils from soil surveys (if
available); (4) boundaries of existing predominant vegetation; (5) proposed limits of
clearing and grading; and (6) location of existing and proposed roads, buildings, parking
areas and other impervious surfaces. 
b.
Stormwater Management System Concept Plan. A written or graphic concept plan of the
proposed post-development stormwater management system including: (1) preliminary
selection and location of proposed structural stormwater controls; (2) low-impact design
elements; (3) location of existing and proposed conveyance systems such as grass
channels, swales, and storm drains; (4) flow paths; location of floodplain/floodway limits;
(5) relationship of site to upstream and downstream properties and drainages; and (6)
preliminary location of any proposed stream channel modifications, such as bridge or
culvert crossings.
(2)
Application. All applications required pursuant to Article VIII (Natural Resources) Subpart B
(Water Quality) shall be submitted to the Water Quality Administrator by the land owner or the
land owner’s duly authorized agent. Applications shall be submitted pursuant to the application
submittal schedule in the form established by the Water Quality Administrator, along with the
appropriate fee established by the Board of Commissioners pursuant to this section. 
An application shall be considered as timely submitted only when it contains all elements of a
complete application pursuant to Article VIII (Natural Resources) Subpart B (Water Quality),
along with the appropriate fee. If the Water Quality Administrator finds that an application is
incomplete, the applicant shall be notified of the deficient elements and shall be provided with an
opportunity to submit a complete application. However, the submittal of an incomplete application
shall not suffice to meet a deadline contained in the established submission schedule.
At a minimum, the Stormwater Management Permit application shall describe in detail how post-
development stormwater runoff will be controlled and managed, the design of all stormwater
facilities and practices, and how the proposed project will meet the requirements of Article VIII
  
(Natural Resources) Subpart B (Water Quality). Plans shall be prepared by a qualified registered
North Carolina professional engineer or landscape architect whom shall: (1) perform services only
in their area of competence;  (2) verify that the design of all stormwater management facilities and
practices meets the submittal requirements for complete applications; (3) verify that the designs
and plans are sufficient to comply with applicable standards and policies found in the Design
Manual; and (4) verify the designs and plans ensure compliance with Article VIII (Natural
Resources) Subpart B (Water Quality). 
The submittal shall include all of the information required in the submittal checklist established by
the Water Quality Administrator.
D.
Staff Review. The Water Quality Administrator shall review the application and determine whether the
application complies with the standards of Article VIII (Natural Resources) Subpart B (Water Quality). The
Water Quality Administrator may take the following action when reviewing an application:
(1)
Approval. The proposal complies with the standards of Article VIII (Natural Resources) Subpart B
(Water Quality), and is approved. 
(2)
Conditional Approval. The proposal exhibits only minor deficiencies with regard to Article VIII
(Natural Resources) Subpart B (Water Quality), and is approved subject to the completion of
certain conditions.
(3)
Fails to Comply. The proposal fails to comply with the standards of Article VIII (Natural
Resources) Subpart B (Water Quality). The Water Quality Administrator shall notify the applicant
and shall indicate how the application fails to comply. The applicant shall have an opportunity to
submit a revised application. If a revised application is not re-submitted within 30 calendar days
from the date the applicant was notified, the application shall be considered withdrawn, and a new
submittal for the same or substantially the same project shall be required along with the
appropriate fee for a new submittal. 
(4)
Denial. The proposal cannot be approved as it exhibits deficiencies and/or is not in compliance
with this Article VIII (Natural Resources) Subpart B (Water Quality) or other statues, ordinances
and regulations of the County
E.
Effect of Permit. A Stormwater Management Permit shall govern the design, installation, and
construction of stormwater management and control practices on the site, including structural stormwater
BMPs and elements of site design for stormwater management other than structural stormwater BMPs.
The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to
be used for the management and control of stormwater for the development or redevelopment site
consistent with the requirements of Article VIII (Natural Resources) Subpart B (Water Quality), whether
the approach consists of structural stormwater BMPs or other techniques such as low-impact or low-
density design. 
F.
Permit Validity. The permit does not continue in existence indefinitely after the completion of the
project; rather, compliance after project construction is assured by the maintenance provisions of Article
VIII (Natural Resources) Subpart B (Water Quality). 
An approved plan shall become null and void if the applicant fails to make substantial progress on the site
within one (1) year after the date of approval. The Water Quality Administrator may grant a single, one-
year extension of this time limit, for good cause shown, upon receiving a written request from the applicant
before the expiration of the approved plan. 
In granting an extension, the Water Quality Administrator may require compliance with standards adopted
since the original application was submitted unless there has been substantial reliance on the original permit
and the change in standards would infringe the applicant’s vested rights.
G.
Effect of Approval. Approval authorizes the applicant to go forward with only the specific plans and
activities authorized in the permit. The approval shall not be construed to exempt the applicant from
obtaining other applicable approvals from local, state, and federal authorities.
H.
As-Built Plans and Final Approval. Upon completion of a project, and before a certificate of
occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the
approved stormwater management plans and designs, and shall submit actual “as built” plans for all
stormwater management facilities or practices after final construction is completed.
The plans shall show the final design specifications for all stormwater management facilities and practices
and the field location, size, depth, and planted vegetation of all measures, controls, and devices, as
installed. The designer of the stormwater management measures and plans shall certify, under seal, that the
as-built stormwater measures, controls, and devices are in compliance with the approved stormwater
  
management plans and designs and with the requirements of this ordinance. A final inspection and approval
by the Water Quality Administrator shall occur before the release of any performance securities.
I.
Exceptions. No certificate of compliance or occupancy shall be issued nor performance guarantees
released without final as-built plans and final inspection by the Water Quality Administrator, except where
multiple units are served by the stormwater practice or facilities in which case the Building Services
Department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans
are submitted and final inspection and approval has occurred.
§42-358.
Temporary Use Permits
A.
Purpose. Temporary Use Permits are required for (1) the erection of any structure for temporary purposes
and (2) the expansion of or change in any use for temporary purposes. 
B.
Permit Issuance. The Zoning Administrator shall issue permits. All permits shall be issued in conformity
with the provisions of this Chapter, except where the Zoning Administrator receives a written order from
(1) the Zoning Board of Adjustment (ZBA) in the form of an interpretation involving error, special use or
variance; or (2) the Board of Commissioners in the form of the issuance of approval for a vested right. A
Temporary Use Permit must be issued prior to the issuance of a building permit, which shall comply with
the Temporary Use Permit and all conditions of approval attached thereto.
C.
Application. 
(1)
Pre-application Conference. None required. 
(2)
Application. Each application for a permit shall be filed on a form provided by the Zoning
Administrator. Applications may be modified by the Zoning Administrator as necessary, who may
require the applicant to supply additional information.
(3)
Review Schedule. Applications for permits shall adhere to one (1) of two (2) review schedules
based upon duration of the temporary use. The Zoning Administrator shall approve or deny a
permit application: (1) within seven (7) business days for an application requesting duration of a
use for no more than two (2) weeks; or (2) within 15 business days on all applications requesting
duration of a use for more than two (2) weeks. 
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
D.
Staff Review. The Zoning Administrator shall process and review all applications for a permit. If the
application is found to be incomplete, the Zoning Administrator shall notify the applicant of any
deficiencies. Where the Zoning Administrator denies the permit, reasons for the denial shall be stated.
E.
Permit Validity. Upon the issuance of a permit, the applicant will be allowed the temporary use for the
specified length of time on the specified dates. Permits shall not be issued for any duration to exceed two
(2) years.
§42-359.
Water Supply Watershed Use Permits
A.
Purpose. Water Supply Watershed Use Permits are required for: (1) the erection, movement, additional or
structural alteration of any structure, (2) the expansion of or change in any use and (3) the change of any
land surface to an impervious surface
B.
Permit Issuance. The Water Quality Administrator shall issue permits. 
C.
Application.
(1)
Pre-application Conference. None required.
(2)
Application. Each application for a permit shall be filed on a form provided by the Water Quality
Administrator. Applications may be modified by the Water Quality Administrator as necessary,
who may require the applicant to supply additional information.
(3)
Review Schedule. None established.
(4)
Fees. Any review fee established by the Board of Commissioners shall be submitted with the
application.
D.
Staff Review. The Water Quality Administrator shall process and review all applications for a permit. If the
application is found to be incomplete, the Water Quality Administrator shall notify the applicant of any
deficiencies. The Water Quality Administrator may consult with qualified personnel for assistance to
determine if the application meets the requirements of this Chapter. The Water Quality Administrator, for
projects not involving some other form of review, shall approve, approve conditionally or deny the
approval of the application. Where the Water Quality Administrator denies the permit, reasons for the
denial shall be stated.
  
E.
Permit Validity. Upon the issuance of a Water Supply Watershed Use Permit, the applicant shall have six
(6) months from the date of issuance thereon to obtain a building permit. Failure to obtain a building permit
within six (6) months shall render the Water Supply Watershed Use Permit void. The Water Quality
Administrator may grant a single extension of this time period of up to six (6) months upon submittal by
the applicant of sufficient justification for the extension. A Water Supply Watershed Use Permit must be
issued prior to the issuance of building permit, which shall comply with the Water Supply Watershed Use
Permit and all conditions of approval attached thereto.
(1)
Revocation of Water Supply Watershed Use Permits. Violations of the sections of this Chapter
relating to water supply watershed protection may also constitute grounds for revocation of Water
Supply Watershed Use Permits if such violations are not corrected within 30 days following
notification of such violations. No such permit shall be reinstated until the Water Quality
Administrator finds that all provisions of this Chapter relating to water supply watershed
protection have been met. Any revocation may be appealed to the Water Supply Water Quality
Board if filed within 30 days of the effective date of the revocation. Following a hearing on the
matter, the Water Supply Water Quality Board may concur with the revocation or order the
reinstatement of the permit.
F.
Appeals. Questions arising in connection with the enforcement of this Chapter shall be presented first to the
Water Quality Administrator and that such questions shall be presented to the Water Supply Water Quality
Board only on appeal from the Water Quality Administrator.
§42-360.
Watershed Protection Compliance Permits
A.
Purpose. Watershed Protection Compliance Permits are required for the ability to obtain occupancy of a
structure hereafter erected, altered or moved and/or prior to the change of use of any structure or land in
the watershed. The Water Quality Administrator shall issue a Watershed Protection Compliance Permit.
B.
Application.
(1)
Pre-Application Conference. No pre-application conference is required for a Watershed Protection
Compliance Permit. 
(2)
Application. No formal application is required for a Watershed Protection Compliance Permit
(3)
Review Schedule. Watershed protection compliance permit applications (where the water supply
watershed use permit allowed for the erection, alteration or movement of a structure) will be
approved or denied within ten (10) days of the erection, alteration or movement of said structure
(upon the inspection by the Water Quality Administrator). Watershed protection compliance
permit applications (where the water supply watershed use permit allowed for a change of use)
will be approved or denied before the commencement of the use. 
(4)
Fees. Any review fee established by the Board of Commissioners shall be submitted with the
application.
C.
Staff Review. The Water Quality Administrator shall process and review all applications for a Watershed
Protection Compliance Permit (via the water supply watershed use permit process above). The Water
Quality Administrator shall issue a Watershed Protection Compliance Permit certifying that all
requirements of this Chapter have been met. If the Watershed Protection Compliance Permit is denied, the
Water Quality Administrator shall notify the applicant in writing stating the reasons for denial.
D.
Permit Validity. Upon the issuance of a Watershed Protection Compliance Permit, the applicant shall have
the ability to occupy and/or change the use of a structure. No structure which has been erected, moved or
altered may be occupied until the Water Quality Administrator has approved and issued a Watershed
Protection Compliance Permit.
(1)
Permit Revocation. Violations of the sections of this Chapter relating to water supply watershed
protection may also constitute grounds for revocation of permits if such violations are not
corrected within 30 days following notification of such violations. No such permit shall be
reinstated until the Water Quality Administrator finds that all provisions of this Chapter relating to
water supply watershed protection have been met. Any revocation may be appealed to the Water
Supply Water Quality Board if filed within 30 days of the effective date of the revocation.
Following a hearing on the matter, the Water Supply Water Quality Board may concur with the
revocation or order the reinstatement of the permit.
§42-361.
Watershed High-Density Development Permit
  
A.
Purpose. A Watershed High-Density Development Permit shall be required for new development exceeding
the requirements of the low-density option.
B.
Application. 
(1)
Application. An application for a Watershed High-Density Development Permit shall be submitted
to the Water Quality Administrator on the proper form and shall include the following
information:
a.
A completed application signed by the owner of the property or his/her authorized
agent;
b.
Two (2) reproducible copies of the development plan or site plan including information
required by this Chapter and other documents as necessary concerning built-upon area;
c.
Two (2) reproducible copies of the plans and specifications of the stormwater control
structure(s) consistent with the requirements of this Chapter and the Stormwater BMP
Manual; and
d.
When required by law, written verification that a soil erosion and sedimentation
control plan has been approved by the appropriate state or local agency.
(2)
Review Schedule. The Water Quality Administrator shall process and take action on all
applications for Watershed High-Density Development Permits within 65 days.
(3)
Fees. Any review fee established by the Board of Commissioners shall be submitted with the
application. 
C.
Staff/Formal Review. Prior to taking final action on any application, the Water Quality Administrator may
provide an opportunity to public agencies affected by the development proposal to review and make
recommendations on the application. The Water Quality Administrator shall either approve or disapprove
each application for a Watershed High-Density Development Permit based on the applicable criteria
contained  in this Chapter  related to water supply watershed regulations. 
If the Water Quality Administrator approves the application, such approval shall be indicated on the permit
and both copies of the site plan and both copies of the plans and specifications of the stormwater control
structure.  A Watershed High Density Development Permit shall be issued after the applicant posts a
performance bond acceptable security as required by Article VIII (Natural Resources) Subpart B (Water
Quality) and executes an Operation and Maintenance Agreement as required by Article VIII (Natural
Resources) Subpart B (Water Quality).  A copy of the permit and one (1) copy of each set of plans shall be
kept on file in the office of the Water Quality Administrator.  The original permit and one (1) copy of each
set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt
requested.
If the Water Quality Administrator disapproves the application based on his/her findings, the reasons for
such action shall be provided to the applicant in writing by mail, return receipt requested.  The applicant
may make changes and submit a revised plan which shall be considered as a new matter. All revisions shall
be submitted, reviewed, and acted upon by the Water Quality Administrator pursuant to the procedures of
this section.
§42-362.
Zoning Permits
A.
Purpose. Zoning Permits are required for (1) the erection, movement, addition to or structural alteration of
any structure and (2) the expansion of or change in any use. 
B.
Permit Issuance. The Zoning Administrator shall issue permits. No Zoning Permit shall be issued until the
appropriate site plan has been reviewed and approved by the appropriate staff or reviewing agency. All
permits shall be issued in conformity with the provisions of this Chapter, except where the Zoning
Administrator receives a written order from (1) the Zoning Board of Adjustment (ZBA) in the form of an
interpretation involving error, special use or variance; or (2) the Board of Commissioners in the form of the
issuance of approval for a vested right. 
C.
Application. 
(1)
Pre-application Conference. None required.
(2)
Application. Each application for a permit shall be filed on a form provided by the Zoning
Administrator. Applications may be modified by the Zoning Administrator as necessary, who may
require the applicant to supply additional information. 
(3)
Review Schedule. None established.
(4)
Fees. Any review fee established by the Commissioners shall be submitted with the application.
  
D.
Staff Review. The Zoning Administrator shall process and review all applications for a permit. If the
application is found to be incomplete, the Zoning Administrator shall notify the applicant of any
deficiencies. The Zoning Administrator, for projects not involving some other form of review, shall
approve, approve conditionally or deny the approval of the application. Where the Zoning Administrator
denies the permit, reasons for the denial shall be stated. A zoning permit must be issued prior to the
issuance of a building permit, which shall comply with the zoning permit and all conditions of approval
attached thereto.
E.
Permit Validity. Upon the issuance of a permit, the applicant shall have six (6) months from the date of
issuance thereon to obtain a building permit or begin substantial construction work on the project. Failure
to obtain a building permit or make substantial construction progress within six (6) months shall render the
permit void. The Zoning Administrator may grant a single extension of this time period of up to six (6)
months upon submittal by the applicant of sufficient justification for the extension.