The applicant, or any person or agency which receives notice of the filing of the application, may appeal the
decision of the MS4 Department
as provided in § 155.18(C) to the Board of County Commissioners. Upon receipt of an appeal, the County Commissioners shall schedule and hold a public hearing, after providing the applicant a minimum 15 days’ notice thereof. The County Commissioners shall give the notice of the public hearing, as it deems necessary and appropriate. The County Commissioners shall hear evidence at the hearing and render a decision within 30 days after the hearing. Factors to be considered on review shall include, but need not be limited to, the effects of the proposed development activities on the surface water flow to tributary and downstream lands, any comprehensive watershed management plans, or the use of any retention facilities; possible situation of fill and unsupported cuts by water, both natural and domestic; runoff surface waters that produce erosion and silting of drainageways; nature and type of soil or rock which when disturbed by the proposed development activities may create earth movement and produce slopes that cannot be landscaped.
(Ord. 2008-07, passed 5-5-2008; Ord. 2020-05, passed 9-28-2020)