§ 19-4. Action on application—Appeal.

(a)

Town action on an application for an encroachment permit shall be subject to any policies and procedures adopted by the town to implement this chapter.

(b)

The town council shall review and act upon the following encroachment permit applications:

(1)

Encroachment permit applications entailing the construction of buildings, car decks, carports, garages or other long term encroachments of a substantial nature; and

(2)

Encroachment permit applications that would have a substantial adverse effect on vehicular or pedestrian circulation, or on public health and safety.

(c)

The town council may approve, approve with conditions or disapprove the application. If approved, such applications shall require a recorded memorandum of encroachment. In no event shall construction of enclosed living space be allowed to encroach within a town street, easement or right-of-way.

(d)

The town engineer may act upon all applications not subject to town council review under subsection (b). The town engineer, may approve, approve with conditions or disapprove the application, conditions of approval may include, without limitation, recordation of a notice of encroachment. The town engineer shall also have discretion to refer any application to the town council for action.

(e)

The decision of the town engineer may be appealed to the town council pursuant to provisions of title IV, chapter 16, division 16-66 of the Code.

(f)

In no event shall construction of enclosed living space be allowed to encroach within a town street, easement or right-of-way.

(Ord. No. 489 N.S., § 2 (part))

(Ord. No. 519 N.S., § 4B., 3-17-2010; Ord. No. 520 N.S., § 2B., 3-17-2010)