<div class="chunk-title">Sec. 5.7 - Mountain ridge protection regulations.</div>
<div class="chunk-content">
            <p class="b0">
               <span class="bold">Sec. 5.7.1 General Provisions.</span>
               </p>
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">Purpose.</span>
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               In accordance with G.S. ch. 113A, art. 14, the Board of Commissioners finds that the
               construction of tall (greater than 40 feet in height) buildings or structures on mountain
               ridges may cause unusual problems and hazards to the residents of and visitors to
               the mountains. The purpose of this Ordinance therefore is to regulate the construction
               of tall buildings or structures on mountain ridges to insure that: adequate water
               supply is available to such building or structure; the disposing of sewage will not
               infringe on the ground water rights and endanger the health of those persons living
               at lower elevations; adequate fire protection can be made available; such buildings
               or structures will not be a hazard to air navigation and to persons on the ground,
               and such tall buildings will not detract from the natural beauty of the mountains.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Jurisdiction</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The provisions of this section shall apply to the construction of tall buildings or
               structures, as defined in this ordinance, on protected mountain ridges, as defined
               in this Ordinance, within Jackson County, and outside the territorial jurisdiction
               of any municipality within Jackson County.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               This section may also apply to any and all areas lying within the territorial jurisdiction
               of any municipality within Jackson County if the municipality by resolution requests
               such application.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               Protected mountain ridges are further identified by the map entitled "Identification
               of Protected Mountain Ridges in the County of Jackson" and which is on file in the
               office of the Jackson County Permitting and Code Enforcement Department and the Jackson
               County Planning Department.
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Application for permit</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               All applications for permits shall be submitted to the enforcement officer and shall
               be accompanied by a map or plat prepared by a registered land surveyor or engineer
               and a development plan containing, where applicable, the following information:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Title block containing the name of the development, name of owner, name of developer,
               scale and north arrow.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Existing site conditions, including contours, water courses, any unique natural or
               manmade features such as vegetation and ground cover.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Exact boundary lines of the property containing the proposed construction.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Exact location and use of all existing and proposed buildings or structures.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Plans of proposed water and sewer layouts shall show the location of lines, line sizes,
               approximate location of manholes, pumps, hydrants, force mains, and the connection
               of the proposed system with existing systems.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               Location of existing and proposed easements and rights-of-way.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               The proposed treatment of the perimeter of the development including materials and/or
               techniques such as screens, fences and walls.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               Information on adjacent land areas, including land use, zoning classifications, public
               facilities and any unique natural features.
               </p>
            		
            <p class="incr2">
               9)
               </p>
            		
            <p class="content3">
               Existing and proposed road access to and within the development showing rights-of-way
               and pavements widths. Notation of the proposed ownership of the street system (public
               or private) and the method or manner of assuring maintenance and repair.
               </p>
            		
            <p class="incr2">
               10)
               </p>
            		
            <p class="content3">
               A front and side elevation profile, drawn to scale, of all existing and proposed buildings.
               </p>
            		
            <p class="incr2">
               11)
               </p>
            		
            <p class="content3">
               Landscaping and provisions showing the type of vegetation to be used to stabilize
               slopes and to beautify the site. The landscape plan shall indicate that natural vegetation
               has been preserved wherever possible during site development. Landscaping shall include
               types of vegetation native to the soils of the area and easily adaptable to the conditions
               of the site.
               </p>
            		
            <p class="incr2">
               12)
               </p>
            		
            <p class="content3">
               The area to be graded, contour lines of the area graded upon completion, and the manner
               or method of disposing or utilizing the graded material.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               In addition to the development plan, all applications for permits shall be accompanied
               by the following documentation:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               If a street is to be dedicated for public use, a letter of approval for the proposed
               street plan shall be submitted indicating that street plans have been reviewed and
               approved in the following manner:
               </p>
            		
            <p class="incr3">
               a)
               </p>
            		
            <p class="content4">
               Street plans shall be reviewed and approved by the North Carolina Department of Transportation
               or whatever public agency is to accept the dedication and assume maintenance of the
               streets.
               </p>
            		
            <p class="incr3">
               b)
               </p>
            		
            <p class="content4">
               Street plans shall contain all data, calculations and information as required by the
               North Carolina Department of Transportation or other appropriate public agency.
               </p>
            		
            <p class="incr3">
               c)
               </p>
            		
            <p class="content4">
               The developer shall meet all other requirements of G.S. 136-102.6 if the development
               constitutes a subdivision.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               If the proposed water and/or sewer system is to connect onto an existing system, a
               letter of approval from the owner of said existing system for such connection shall
               be submitted. In addition, a letter of approval from the appropriate regulatory agency
               shall be submitted indicating that the proposed connection will not cause any problems
               related to overloads, discharges, shortages, etc., on said existing system.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               If individual wells and/or septic tanks are to be utilized, a written statement from
               the Jackson County Health Department indicating approval of wells and/or septic tanks
               for use in the development shall be submitted.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               If an on-site package water and/or sewer treatment system is to be utilized, a letter
               of approval from the North Carolina Department of Human Resources and/or the North
               Carolina Department of Environmental Quality shall be submitted.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Documentation of an approved sedimentation and erosion control plan shall be submitted
               where required.
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               A letter of approval from the appropriate fire department indicating the adequacy
               of the development facilities for emergency medical and fire services. Such determination
               shall take into consideration the street access, water pressure and availability,
               building height, and any other relevant factors that will insure adequate emergency
               medical and fire services.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               A letter from the applicant indicating the land in the proposed development is under
               single ownership or management by the applicant or proper assurance (legal title or
               execution of a binding sales agreement) shall be provided indicating that the development
               can be successfully completed by the applicant.
               </p>
            		
            <p class="incr2">
               8)
               </p>
            		
            <p class="content3">
               The number of copies of all items to be submitted by the developer under this ordinance
               shall be determined by the Jackson County Permitting and Code Enforcement Department.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Application approval</span>.
               </p>
            		
            <p class="incr1">
               (i)
               </p>
            		
            <p class="content2">
               The Permitting and Code Enforcement Director shall review the application for compliance
               with the provisions of Section 5.7.1(c). Any application not containing all information
               required in Section 5.7.1(c) shall be returned to the applicant for correction and
               resubmission. After the Permitting and Code Enforcement Director has determined the
               application contains all information required in Section 5.7.1(c), they shall have
               ten days to recommend to the Planning Board either approval or disapproval of the
               application. In making a recommendation, the Permitting and Code Enforcement Director
               may include any appropriate conditions they feel should be placed on the issuance
               of the permit.
               </p>
            		
            <p class="incr1">
               (ii)
               </p>
            		
            <p class="content2">
               First consideration of the application shall be at the next regularly scheduled meeting
               of the planning board after receiving the recommendation of the Permitting and Code
               Enforcement Director. The Planning Board shall take action on the application at its
               first consideration or within 45 days of its first consideration. In taking action,
               the Planning Board shall recommend to the Board of Commissioners either approval or
               disapproval of the application. If the Planning Board fails to take action within
               the time period specified in this subsection, it shall be deemed to have recommended
               approval of the application. The Board of Commissioners shall tentatively approve
               or shall disapprove the application, and if tentatively approved the developer shall
               be notified within 30 days after submission of the recommendation from the planning.
               If tentatively approved, the developer shall then submit to the Board of Commissioners
               the things called for in Section 5.7.1 (d)(v) of this ordinance and any other matters
               and things requested by the Board of Commissioners. After the submission by the developer
               to the Board of Commissioners of the financial matters set forth in said Section 5.7.1(d)(v)(7),
               the Board of Commissioners shall approve or disapprove the application, and if approved
               authorize the enforcement officer to issue a permit within 30 days after submission
               of the financial information as required of the developer. In making its recommendation,
               the planning board may include any appropriate conditions it feels should be placed
               on the issuance of the permit.
               </p>
            		
            <p class="incr1">
               (iii)
               </p>
            		
            <p class="content2">
               The Board of Commissioners shall not approve an application until it has determined
               that the intent of this ordinance has not been violated. In making such determination,
               the Board of Commissioners shall not approve the issuance of a permit if the application
               for said permit fails to provide for:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Sewering that meets the requirements of a public wastewater disposal system that it
               discharges into, or that is part of a separate system that meets applicable state
               and federal standards.
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               A water supply system that is adequate for fire protection, drinking water and other
               projected system needs; that meets with requirements of any public water supply system
               that it interconnects with; and that meets any applicable state standards, requirements
               and approvals.
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Compliance with applicable state and local sedimentation control regulations and requirements.
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Adequate consideration to protecting the natural beauty of the mountains as determined
               by the Board of Commissioners.
               </p>
            		
            <p class="incr1">
               (iv)
               </p>
            		
            <p class="content2">
               In making such determination, the Board of Commissioners may impose any additional
               conditions on the permit it deems necessary.
               </p>
            		
            <p class="incr1">
               (v)
               </p>
            		
            <p class="content2">
               In its consideration of whether or not adequate consideration has been given to protecting
               the natural beauty of the mountains, the following factors shall be among those considered:
               </p>
            		
            <p class="incr2">
               1)
               </p>
            		
            <p class="content3">
               Does the development plan show that natural vegetation will be preserved wherever
               possible?
               </p>
            		
            <p class="incr2">
               2)
               </p>
            		
            <p class="content3">
               Does the development plan indicate that slopes will be stabilized by use of vegetation
               or by other means?
               </p>
            		
            <p class="incr2">
               3)
               </p>
            		
            <p class="content3">
               Does the proposed landscaping utilize types of vegetation native to and compatible
               with the soils of the area?
               </p>
            		
            <p class="incr2">
               4)
               </p>
            		
            <p class="content3">
               Assurance that the developer will landscape the site.
               </p>
            		
            <p class="incr2">
               5)
               </p>
            		
            <p class="content3">
               Do the buildings and infrastructure blend in with the landscape?
               </p>
            		
            <p class="incr2">
               6)
               </p>
            		
            <p class="content3">
               That the architectural style and design of the building is appropriate to the site.
               </p>
            		
            <p class="incr2">
               7)
               </p>
            		
            <p class="content3">
               It shall not be necessary for the developer to present financial information with
               the application or for financial information to be considered by the department of
               construction standards and permits or by the Planning Board. However, if the Board
               of Commissioners tentatively approves the application, as forwarded to it by the planning
               board, the developer shall then submit directly to the Board of Commissioners , before
               final approval of the application, a copy of all contracts with the general contractor
               and any subcontractors, copies of surety bonds and performance bonds, letters of credit,
               firm and binding loan commitments, financial statements certified by a certified public
               accountant, or any other information and/or certifications required by the Board of
               Commissioners , which in its opinion is deemed necessary, to ensure that the entire
               project as approved by it and for which the permit is issued will be completed in
               its entirety and will not be abandoned or left uncompleted which would or might have
               a detrimental effect on the natural beauty of the mountains, have a detrimental effect
               on other property owners in the area, in any other way or manner defeat the purpose
               for which this ordinance is enacted, or be detrimental to the public interest advanced
               by this ordinance.
               </p>
            		
            <p class="incr1">
               (vi)
               </p>
            		
            <p class="content2">
               If the application is approved by the Board of Commissioners, such approval shall
               be stated in a letter. One copy of said letter shall be sent to the applicant one
               copy shall be sent to the enforcement officer, and one copy shall be retained by the
               Board of Commissioners. Said letter shall be sent within five days of approval of
               the application. Upon receipt of the letter indicating approval, the enforcement officer
               shall issue a permit for construction. Said letter shall contain a listing of all
               conditions imposed on the issuance of the permit.
               </p>
            		
            <p class="incr1">
               (vii)
               </p>
            		
            <p class="content2">
               The Board of Commissioners shall, if it disapproves the application, make findings
               of fact to justify such disapproval. These findings of fact shall be entered in the
               minutes of the board's meeting. In addition, a letter containing the findings of fact
               and specifying the provisions of this ordinance with which the application does not
               comply shall be prepared. One copy of said letter shall be sent to the applicant,
               one copy shall be sent to the enforcement officer, and one copy shall be retained
               by the Board of Commissioners. Said letter shall be sent within five days of disapproval
               of the application. If the application is disapproved, the applicant may make such
               changes as will bring the application into compliance with this ordinance and resubmit
               same for reconsideration by the enforcement officer as provided in Section 5.7.1 (c).
               </p>
            		
            <p class="historynote0">
               (Ord. No. O2019-01(5), 11-2-2021)
               </p></div>