§ 74-311. Processing of applications for authorized encroachments.

(a)

Public comment. Following the receipt of certification of completion of public notice, the technical panel shall determine whether public notice was completed in accordance with section 74-310.

(b)

Determination. After due consideration of public comments, the technical panel shall issue a determination within 30 days after receipt of certification of completion of public notice and comment period and notify the applicant of the determination in writing. The technical panel may make findings of fact and conclusions to support its determination. The technical panel may take any of the following actions on an application for an authorized encroachment:

(1)

Issue the authorized encroachment as requested in the application;

(2)

Issue an authorized encroachment with written, site-specific conditions necessary to ensure conformity to the requirements and stated intent of this article; or

(3)

Deny the application.

(c)

Expiration. An application shall expire when there has been no activity on the application for a period of 180 days. With respect to an application not approved for issuance of an authorized encroachment, "no activity" shall mean that the applicant has not responded to the technical panel's notification that additional information or corrections are required before further processing of the application can take place.

(d)

Term. An authorized encroachment may be transferred to subsequent property owners; provided, however, changes to the site plan as set out in section 74-308(a)(7) require resubmission of the application. The authorized encroachment shall expire if a building permit is not issued for the proposed encroachment within 30 months of the date the encroachment is granted.

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