§ 14.10. GENERAL REQUIREMENTS FOR APPROVAL OF A 1041 PERMIT APPLICATION

A.

The applicant must submit a complete and sufficient application that is consistent with the submittal requirements that are stated at the pre-application conference.

B.

A 1041 permit application may be approved only when the applicant has satisfactorily demonstrated that the proposal, including all mitigation measures proposed by the applicant, complies with all of the applicable criteria set forth in this section 14. If the proposal does not comply with all the applicable criteria, the permit shall be denied, unless the county commissioners determine that reasonable conditions can be imposed on the permit which will enable the permit to comply with the criteria.

C.

If the county commissioners determine at the public hearing that sufficient information has not been provided to allow it to determine if the applicable criteria have been met, the board may continue the hearing until the specified additional information has been received. The commissioners shall adopt a written decision on a 1041 permit application within 90 days after the completion of the permit hearing. The 1041 permit will be in the form of a findings and resolution signed by the board of county commissioners. The effective date shall be the date on which the findings and resolution is signed.

D.

Review criteria for approval of all 1041 permits.

1.

The proposal is consistent with the master plan and applicable intergovernmental agreements affecting land use and development.

2.

The applicant has presented reasonable siting and design alternatives or explained why no reasonable alternatives are available.

3.

The proposal conforms with adopted county standards, review criteria and mitigation requirements concerning environmental impacts, including but not limited to those contained in this Code.

4.

The proposal will not have a significant adverse affect on or will adequately mitigate significant adverse affects on the land or its natural resources, on which the proposal is situated and on lands adjacent to the proposal.

5.

The proposal will not adversely affect any sites and structures listed on the State or National Registers of Historic Places.

6.

The proposal will not negatively impact public health and safety.

7.

The proposal will not be subject to significant risk from natural hazards including floods, wildfire or geologic hazards.

8.

Adequate public facilities and services are available for the proposal or will be provided by the applicant, and the proposal will not have a significant adverse effect on the capability of local government to provide services or exceed the capacity of service delivery systems.

9.

The applicant will mitigate any construction impacts to county roads, bridges and related facilities. Construction access will be re-graded and re-vegetated to minimize environmental impacts.

10.

The benefits of the proposed development outweigh the losses of any natural resources or reduction of productivity of agricultural lands as a result of the proposed development.

11.

The proposal demonstrates a reasonable balance between the costs to the applicant to mitigate significant adverse affects and the benefits achieved by such mitigation.

12.

The recommendations of staff and referral agencies have been addressed to the satisfaction of the county commissioners.

(Res. No. 11182008R012, Exh. A, 11-18-2008; Res. No. 08042015R001, § 4, 8-4-2015)