(a) The Board of Adjustment shall be responsible for reviewing and hearing all major and minor watershed variance cases and shall proceed as provided in Article XI of this chapter for zoning variances when reviewing all watershed variance cases.
(b) If the application calls for the granting of a major watershed variance, and if the Board of Adjustment decides in favor of 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 offer of proof, objections to evidence, and rulings on them;
(5) Proposed findings and exceptions;
(6) The proposed decision, including all conditions proposed to be added to the permit.
(c) The preliminary record shall be sent to the Environmental Management Commission (EMC) for its review as follows:
(1) If the EMC 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 EMC shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The EMC shall prepare a decision and send it to the Board of Adjustment. If the EMC approves the variance as proposed, the Board of Adjustment shall prepare a final decision granting the proposed variance. If the EMC approves the variance with conditions and stipulations, the Board of Adjustment shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.
(2) If the EMC 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 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 EMC shall deny approval of the variance as proposed. The EMC shall prepare a commission decision and send it to the Board of Adjustment. The Board of Adjustment shall prepare a final decision denying the variance as proposed.
(d) Written notification shall be given to local governments having jurisdiction and any entity using the water supply for consumption where a variance is being considered. The Town of Valdese and entity shall have a reasonable comment period before review by the Board of Adjustment.
(e) Approval of all development with densities greater than that specified in Article E of this chapter shall be the authority of the Town Council/Watershed Review Board. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)