Planning staff flags wetlands, missing permits and unclear use for Malone Plaza proposal

Carbon County planning staff presented a review of Malone Plaza, a proposed 5,200-square-foot multipurpose building and associated parking on a roughly 9.95-acre parcel, and recommended that the commission send the plan back for additional information including an Army Corps of Engineers wetland determination and DEP permitting.

Staff said field inspection identified wetlands within the project area and that the applicant has not provided an Army Corps certification or permits for work in or adjacent to waters. The plan lacks a completed sewage facility planning module and supporting sanitary profiles (manholes, septic clean-outs, dosing pumps) for on-lot sewage; staff said a NPDES permit and DEP approvals may be required if the site will disturb one acre or more.

Staff also said the petitioner must clarify the specific proposed use for the multipurpose building. The county reviewer noted the zoning code’s definitions do not list “multipurpose building” and that allowed uses differ by zoning district; the parcel’s conforming status and the number of required parking spaces depend on the building’s actual use. The plan shows 26 parking spaces, including two ADA spaces, but staff said no employee parking or loading area is shown and that the township must confirm required parking counts once the use is defined.

Why it matters: Without an Army Corps wetland determination and DEP approvals, the county cannot confirm whether regulatory waivers or additional mitigation are required. If the building’s proposed uses are commercial or retail, different parking and zoning rules will apply than for a community or civic use.

The planning commission moved and seconded to forward the county’s review comments for further applicant response; the motion carried.