The owner and operator shall address each of the following when determining
the use of the affected property(ies).
(1) The past and current use of the affected property. Residential
land use areas should be assumed to remain residential. Properties with past
and/or current commercial/industrial land use which are surrounded by commercial/industrial
facilities can be assumed to remain the same unless such is clearly not appropriate.
(2) Properties for which the future use of the property is
unknown (property is vacant or for sale) shall assume residential land use
unless the owner and operator can demonstrate to the satisfaction of the agency
that the past use of the property and use of surrounding properties clearly
suggests future use of the property for residential land use is unlikely.
(3) For property currently vacant, or not owned by the owner
or operator, the property owner should be interviewed to establish the intended
future use of the property. Statements explaining planned future land use
and signed by the affected property owners should be provided to the agency
for each affected property to verify that the property owners have been consulted.
(4) For property located within the jurisdictional area of
a zoning authority, the owner and operator may provide documentation that
the property is zoned for residential, commercial, or industrial use.
(5) Current and planned surrounding land use patterns of local
planning board.
(6) Other information as requested by the agency to verify
the appropriate categorization of land use.
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