(A) Types of appeals and variances:
(1) Appeals. The Board shall hear and decide all appeals from any decision or determination made by the Watershed Administrator.
(2) Variances. All applications for variances shall first be presented to the Watershed Administrator, who in turn shall refer the applications to the Watershed Review Board for review and decision in accordance with the procedures outlined in § 94.37.
(B) Procedure for filing applications for appeals and variances. No hearing shall be held by the Board unless notice thereof is filed within 30 days after the interested party or parties receive the decision or determination by the Watershed Administrator or the aggrieved party or parties receive constructive notice of the decision. Applications shall be filed with the Watershed Administrator, who shall act as clerk for the Board in receiving this notice. All applications shall be made upon the form specified for that purpose and all information required on the form shall be complete before an application shall be considered as having been filed. Once applications have been filed, the Watershed Administrator shall immediately notify the Chairperson of the Board that such applications have been received.
(C) Hearings:
(1) Time. After receipt of an application for an appeal or variance, the Board Chairperson shall schedule a time for a hearing which shall be within 45 days from the filing of such notice of the application.
(2) Notice of hearing. For all applications, notice of the hearing shall be mailed to the adjoining property owners and to such other persons as the Watershed Administrator shall direct at least five days prior to the hearing. Such notice shall state the location of the building or lot, the general nature of the question involved and the time and place of the hearing.
(3) Conduct of hearing. The hearing shall be a quasi-judicial proceeding. Any party may appear in person or by agent or by attorney at the hearing. The order of business for the hearing shall be as follows: the Chairperson, or such person as he shall direct, shall give a preliminary statement of the case; the applicant shall present the argument in support of the application; persons opposed to granting the application shall present their argument against the application; both sides will be permitted to present rebuttals to opposing testimony; the Chairperson shall summarize the evidence which has been presented, giving the parties opportunity to make objections or corrections. Witnesses may be called and factual evidence may be submitted, but the Board shall not be limited to consideration of only such evidence as would be admissible in a court of law. The Board may view the premises before arriving at a decision. All witnesses before the Board shall be placed under oath and the opposing party may cross-examine them.
(D) Decisions:
(1) Time. A decision by the Board shall be made within 35 days from the time of hearing.
(2) Form. Written notice by certified or registered mail of the decision in a case shall be given to the applicant or appellant by the Secretary as soon as practical after the case is decided. Also, written notice shall be given to owners of the subject property and to persons who have made a written request for such notice. The final decision of the Board shall be shown in the record of the case as entered in the approved minutes. Such record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact made.
(3) The decision on an application for an appeal may reverse or affirm, wholly or partly, or modify the decision or determination of the Watershed Administrator.
(4) With an application for a major variance, the Watershed Review Board shall provide a recommendation to the State Environmental Management Commission. The State Environmental Management Commission shall have the authority to approve or deny the issuance of a variance. If the State Environmental Management Commission approves the variance, the Watershed Review Board may direct the Watershed Administrator to issue a watershed protection permit.
(5) Expiration of permits. Unless otherwise specified, any order or decision of the Board in granting a watershed protection permit shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within 12 months from the date of the decision.
(6) Voting. The concurring vote of four-fifths of the members of the Board shall be necessary to reverse any decision or determination of the watershed Administrator. A majority vote of the members present and voting is required to provide a recommendation to the State Environmental Management Commission on an application for a major variance.
(7) Public record of decisions. The decisions of the Board, as filed in its minutes, shall be a public record and available for inspection at all reasonable times. Every decision of the Watershed Review Board shall be filed in the office of the Watershed Administrator and a written copy thereof shall be delivered to the applicant and adjacent property owners by personal service or registered mail.
(8) Decisions and appeals. Every decision by the Board regarding appeals from decisions of the Watershed Administrator shall be subject to review by superior court. All appeals shall be taken to superior court within 30 days after the decision of the Board is filed in the office of the Watershed Administrator, or after a written copy thereof is delivered to the appellant by personal service or registered mail or certified mail, return receipt requested, whichever is later.
(Ord. 93-22, passed 6-24-93; Am. Ord. 21-26, passed 7-12-21)