(A) Amendments. All amendments to the watershed regulations shall be heard as regular amendments to this article. However, under no circumstances shall the town amend, supplement or change the watershed regulations so as to cause these regulations to violate the watershed protection rules as adopted by the State Environmental Management Commission. All amendments shall be filed with the State Division of Water Quality, State Division of Environmental Health and the State Division of Community Assistance.
(B) Watershed variances.
(1) The Board of Adjustment shall handle minor variances to the watershed requirements in the same manner as regular zoning variances.
(2) If a major variance (see definition) is requested, the Planning Board shall, after making a favorable decision to grant the request, prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include all of the following:
(a) The variance application;
(b) The hearing notices;
(c) The evidence presented;
(d) Motions, offers of proof, objections to evidence and rulings on them;
(e) Proposed findings and exceptions; and
(f) The proposed decision including all conditions proposed to be added to the permit.
(3) (a) The information shall be sent to the State Environmental Management Commission for it's review. The EMC shall review the preliminary record and determine whether or not:
1. The request qualifies as a major variance;
2. The property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted; and
3. The variance, if granted, will not result in a serious threat to the water supply.
(b) Based on its findings, the EMC shall approve the variance as proposed or approve the proposed variance with conditions and stipulations or disapprove the variance. The EMC shall prepare a decision and send it to the Board of Adjustment. The Planning Board shall prepare a final decision based on the decision of the EMC.
(4) The Zoning Administrator shall notify any jurisdictions within the watershed of a proposed variance to the watershed regulations. Local governments may submit any comments to the Zoning Administrator before the public hearing by the Planning Board.
(2003 Code, § 8-3.9.8) (Updated 2009)