Within fifteen (15) calendar days of accepting the application, the Administrator shall determine if the application is complete and includes the materials and information listed in subsection (b)(1)-(14) [sections
12.2.2.1.–
12.2.2.14.] above. The Hearing Officer may require the owner or lessee to provide additional information in order to hold a public hearing under this section and may conduct a public hearing on whether the application should be dismissed for failure to include information necessary to make a recommendation, based on the standards set forth in this division.
12.4.1. Determined insufficient.
If the Administrator determines
the application is not complete, a written notice shall be mailed
to the applicant specifying the application’s deficiencies.
No further action shall be taken on the application until the deficiencies
are remedied. If the applicant fails to correct the deficiencies within
thirty (30) calendar days of a notice of deficiencies, the application
shall be considered withdrawn.
12.4.2. Determined sufficient.
When the application is determined
to be complete, the Administrator shall notify the applicant in writing
and, within thirty (30) calendar days, forward the application to
the Hearing Officer to set a hearing date.
Based on the recommendations of the Hearing Officer, the Administrator
shall prepare the item for consideration by the Board. Within thirty
(30) calendar days of receipt of the recommendations of the Hearing
Officer, the Administrator shall forward the Hearing Officer’s
recommendation to the Board to set a public hearing on the matter.
Following receipt of the matter from the Administrator, the
Board shall within thirty (30) days set the matter for a public hearing.
The County shall provide the same notice as required on the Application
for the Oil and Gas Overlay Zoning District Classification and the
applicant and any other interested party shall be provided an opportunity
to be heard prior to the decision of the Board. The recommendation
of the Hearing Officer is not binding on the Board. At the hearing,
the Board shall grant a development order by resolution, approving,
modifying, reversing, or approving with conditions, the recommendations
of the Hearing Officer, based on the standards of this Section. The
development order shall:
(a) state a date, if any, upon which a development order granting relief
will cease to be in effect;
(b) state that neither the Board’s development order nor any process
or evidence constitutes an admission of a taking of property, or other
unconstitutional deprivation;
(c) direct County staff to undertake any additional steps necessary to
implement the development order; and
(d) address other matters necessary to implement the purpose and intent
of this section.