§ 74-309. Technical review.

Within 30 days of receipt of a substantially complete application, the technical panel shall conduct a technical review, which shall include, at a minimum, an evaluation of the following:

(a)

Whether the application meets the requirements of section 74-308 and provides sufficient information to proceed with review;

(b)

Whether the application contains a disqualifying characteristic that makes the applicant ineligible for an authorized encroachment;

(c)

Whether the proposed encroachment is on a wetland, 100-year floodplain, or other location that is inappropriate for development;

(d)

Whether the property owner has demonstrated a hardship or an extreme hardship;

(e)

Whether, in light of the showings by the applicant required by section 74-308, the applicant has demonstrated that the location and extent of the proposed buffer encroachment has been minimized;

(f)

Whether alternative designs are possible which require less intrusion or no intrusion;

(g)

Whether, in light of the mitigation proposed by the applicant in accordance with section 74-306(d), the post-development conditions will be at least as protective of water quality as pre-development conditions;

(h)

Whether the proposed development meets all other requirements of this ordinance; and

(i)

Whether the property to be affected by the authorized encroachment has no reasonable use given, but not limited to, the current zoning if the authorized encroachment is denied.

Upon completion of technical review, the technical panel shall either request modifications, or notify the applicant that technical review is complete and that the applicant may proceed with public notice as required by section 74-310, or in the event compliance with the applicable criteria is not possible, deny the application for authorized encroachment.

(Ord. No. 2001-100, § 3, 12-11-01; Ord. No. 2002-21, § 3, 3-26-02; Ord. No. 2010-13(10-O-0058), § 10, 4-27-10)