§ 54-63. Application procedure.

(a)

The permit applicant shall submit to the board of commissioners ten copies of all information required by federal and state agencies for the facility for which it requests a county permit at the time such information is submitted to the state and federal government, except for facilities already located in the county. The review procedure shall not begin nor shall the application be designated as complete until such time as all required data are submitted and the appropriate fees are paid.

(b)

A designee of the county commissioners shall compile copies of all reports, applications, minutes of planning board meetings, reports by consultants, and similar materials. These shall be placed in one location with free access by the public and availability of copying any portion or all of any document at cost.

(c)

Within 45 days of the submission of the application, the commissioners' designee shall hold a public hearing so that the applicant can present its plans to the planning board and answer questions regarding such plans.

(d)

After the hearing, the commissioners' designee, after consultation with the planning board, shall have 60 days in which to determine if the application is complete, and shall mail notice of its determination to the applicant. If it is not complete, the applicant will have six months to complete the application. However, the applicant may at the end of six months make a showing of cause to the county commissioners, and if the commissioners find that the delay is justified and in good faith, they can grant the applicant a maximum three-month extension.

(e)

Each application shall require an analysis conducted by the county staff and a consultant or consultants selected by the county commissioners upon the recommendation of the planning board. The analysis shall be completed within 90 days from the day the application is determined to be complete. In certain instances where the complexity of the application requires more than the usual 90 days, the county staff and/or consultant may request an additional 60 days from the county commissioners, and the proponent has the option of requesting the planning board to extend the analysis period to allow time for responding to staff and/or consultant request for additional information on a completed application.

(f)

The commissioners' designee and each consultant shall make public reports on the application to the planning board at their meetings.

(g)

The planning board shall call a public hearing for public comment on the completed application along with the analysis of county staff and consultants. The purpose of this meeting shall be for public review of the application. The staff shall give notice, by regular mail, of the time and place of the public meeting to the owner and adjacent property owners as specified on the map. Such notice shall be mailed not less than 14 days prior to the date specified thereon. Notice of a public meeting shall be posted by the applicant on the proposed facility property on each and every street of access, not less than 14 days prior to the date specified thereon. The planning board shall also provide public notice of the hearing in the newspaper of largest circulation in the area.

(h)

Within 45 days after receipt of the final analysis, completed application and public comment, the planning board shall make a recommendation to the county commissioners at a public meeting as to whether to accept the application, deny it, or accept it with modifications.

Before making a recommendation to the county commissioners to accept the proposal or accept it with modifications, the planning board shall make the following determinations:

(1)

That the construction and operation of the facility will not pose a health or environmental risk to the surrounding locality.

(2)

That the applicant or facility operator has the capability and financial resources to construct, operate and maintain the facility.

(3)

That the applicant or operator has taken, or consented in writing to comply with, applicable federal, state and local regulations and ordinances.

(4)

That the applicant's plan represents the best available technology for handling the waste for which the applicant will be permitted and that the applicant has demonstrated that it will employ the best management practices in handling the waste at the proposed facility; the applicant has met the provisions set out in G.S. 143-215.108(b)(5a).

(5)

That the applicant, its subsidiary, or parent corporation has not repeatedly violated state, federal or local regulations and ordinances in other jurisdictions.

(i)

At its next scheduled meeting, the board of commissioners shall make its decision to grant the permit, deny it, or grant it with specified conditions.

(Ord. of 11-5-90(1), § VII)