(A) The Board of Adjustment, in addition to its authority in deciding appeals, shall have the power to make adjustments to the exterior boundary of Watershed Overlay Districts by removing all or part of a piece of property from a Watershed Overlay District where it finds that all or part of such property actually lies outside the drainage area of such watershed. In any case where there is a dispute as to whether a property or any part of a property that is shown on the Official Zoning Map as being in a Watershed Overlay District actually drains to that watershed, the Board of Adjustment shall, upon appeal by the owner, make a determination as to the facts of the matter as it affects the subject property.
(B) In determining whether a property or part of a property drains to the watershed as indicated on the map, the Board of Adjustment shall base its determination on actual field conditions of the property as determined by topographical conditions. In making its determination, the Board of Adjustment may require the appellant to produce relevant expert testimony and exhibits. After hearing such appeal, the Board shall find that the subject property (all or part) is either in the designated watershed or out of the designated watershed. If the Board shall find that the subject property is out of the designated watershed, the Board shall order the map to be adjusted to show the subject property to be outside the designated watershed. In making such order, the Board of Adjustment shall designate the watershed in which the subject property is located. If such designation causes the subject property to be located in another Watershed Overlay District, the order shall cause the map to be adjusted to show the same. Any such map adjustments shall be maintained and reported as required by § 5.15 of this ordinance.
(Ord. passed 5-13-1996)