(B) When a variance is considered, the Board shall notify each municipality with jurisdiction in the area and the entity using the watershed for consumption ten days in advance.
(C) If the application calls for the granting of a major watershed variance, and if the Board of Adjustment decides in favor or granting the major watershed variance, the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:
(1) The variance applications;
(2) The hearing notices;
(3) The evidence presented;
(4) Motions, offers of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions; and
(6) The proposed decision, including all conditions proposed to be added to the permit.
(D) The preliminary record shall be sent to the Environmental Management Commission for its review as follows:
(1) (a) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that:
1. The property owner can secure no reasonable return from, nor make any practical use of the property unless the proposed variance is granted; and
2. The variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations.
(b) The Commission shall prepare a Commission decision and send it to the Board of Adjustment.
(c) If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance.
(d) If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.
(2) (a) If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that:
1. The property owner can secure a reasonable return from or make a practical use of the property without the variance; or
2. The variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed.
(b) The Commission shall prepare a Commission decision and send it to the Board of Adjustment.
(c) The Board shall prepare a final decision denying the variance as proposed.
(E) Approval of all development greater than the low density option shall be the authority of the Watershed Review Board subject to the requirements of § 152.120.
(Ord. passed 4-5-2010; Ord. passed 5-3-2021)