Approval of a permit application shall require the affirmative vote of three members of a five-member board or four members of a seven-member board. The Chairperson of the Wetlands Board, or in his absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. Any person may appear and be heard at the public hearing. Each witness at the hearing may submit a concise written statement of his testimony. The Wetlands Board shall make a record of the proceeding, which shall include the application, any written statements of witnesses, a summary of statements of all witnesses, the findings and decision of the Wetlands Board, and the rationale for the decision. The Wetlands Board shall make its determination within 30 days of the hearing. If the Wetlands Board fails to act within that time, the application shall be deemed approved. Within 48 hours of its determination, the Wetlands Board shall notify the applicant and the Commissioner of its determination. If the Wetlands Board fails to make a determination within the 30 day period, it shall promptly notify the applicant and the Commission that the application is deemed approved. For purposes of this section, ACT means taking a vote on the application. If the application receives less than four affirmative votes from a seven member board or less than three affirmative votes from a five person board, the permit shall be denied. If the Board’s decision is reviewed or appealed, the Wetlands Board shall transmit the record of its hearing to the Commissioner. Upon a final determination by the Commission, the record shall be returned to the Wetlands Board. The record shall be open for public inspection at the office of the Northampton County Planning, Permitting and Enforcement Department.
(Ord. passed 4-12-1993; Am. Ord. passed 12-11-2023)