§ 15-382. Conservation area classification determination.

The determination of the presence or absence of conservation areas, their classification as Class I, II, or III, the extent and location of the conservation area and the appropriate level of protection as described in sections 15-396(2) and 15-419(1) or mitigation will follow two (2) processes: a staff review (informal) or formal review.

(1)

Staff review: The applicant shall request a determination by filing an application with the environmental protection division. Within ten (10) working days, the staff will arrange a site visit with the applicant. The staff shall issue a determination in writing as to the existence of Class I, II, or III conservation areas. If the applicant agrees in writing within fifteen (15) working days with the staff determination, then that determination is binding.

(2)

Formal review: If the applicant does not agree with the staff determination within fifteen (15) working days of receipt or he wishes to propose a mitigation or compensation program which is different from the staff determination issued pursuant to subsection (1), then he will be required to follow this formal review process:

a.

The environmental protection division shall prepare, publish and provide to every applicant the necessary forms and procedures for the review of an application or the issuance of a binding determination of exemption. Within five (5) working days after the filing of any application, the environmental protection division shall review such application to determine its completeness and shall notify the applicant in writing if the application is incomplete or if additional data are required. If the environmental protection division does not request additional data within that period, the application shall be deemed complete.

b.

Where an application for activity within or affecting covered lands is also regulated by other ordinances, or is proposed as a part of a preliminary subdivision plan, commercial site plan or construction plan, including but not limited to the locations and design of streets, culverts, drainage or flood control structures, excavation, dredging, filling, and clearing, the approval of such plans by their respective final reviewing bodies based on the criteria of this article constitutes compliance with the permitting requirements of this article.

c.

A complete application for determination shall be reviewed within thirty (30) working days after the filing thereof, unless the deadline is waived by both parties.

d.

The applicant shall have the right to appeal the decision of the environmental protection officer to the board of county commissioners. A notice of appeal to the board of county commissioners shall be filed with the environmental protection officer within fifteen (15) days after the decision is rendered. The environmental protection officer shall then request a public hearing before the board of county commissioners. Notice of the hearing shall be sent to the applicant by regular U.S. mail at least ten (10) days before the date of the public hearing. Following the hearing on appeal, the board of county commissioners may reverse, affirm, or modify the decision of the environmental protection officer. The decision of the board of county commissioners shall be final.

(Code 1965, § 36B-27; Ord. No. 87-31, § 4.02, 7-27-87; Ord. No. 87-39, § 1(4.02), 11-9-87; Ord. No. 89-8, § 1(4.02), 7-3-89; Ord. No. 2008-01 , § 6, 2-5-08)