(A) Types.
(1) Appeals. The Board shall hear and decide all appeals from any decision or determination made by the Watershed Administrator.
(2) Variances. All applications for variances shall first be presented to the Watershed Administrator, who in turn shall refer the applications to the Watershed Review Board for review and decision in accordance with the procedures outlined in § 154.100 of this chapter.
(B) Procedure for filing applications for appeals and variances. No hearing shall be held by the Board unless notice thereof is filed within 30 days after the interested party or parties receive the written decision or determination by the Watershed Administrator or the aggrieved party or parties receive constructive notice of the decision. Applications shall be filed with the Watershed Administrator, who shall act as Clerk for the Board in receiving this notice. All applications shall be made upon the form specified for that purpose and all information required on the form shall be complete before an application shall be considered as having been filed. Once applications have been filed, the Watershed Administrator shall immediately notify the Chairperson of the Board that the applications have been received.
(C) Hearings.
(1) Time. After receipt of an application for an appeal or variance, the Board Chairperson shall schedule a time for a hearing which shall be within 45 days from the filing of the notice of the application.
(2) Notice of hearing.
(a) For all applications, notice of the hearing shall be mailed to the adjoining property owners and to other persons as the Watershed Administrator shall direct at least 5 days prior to the hearing.
(b) The notice shall state the location of the building or lot, the general nature of the question involved and the time and place of the hearing.
(3) Conduct of hearing. The hearing shall be a quasi-judicial proceeding.
(a) Any party may appear in person or by agent or by attorney at the hearing.
(b) The order of business for the hearing shall be as follows:
1. The Chairperson, or a person as he or she shall direct, shall give a preliminary statement of the case;
2. The applicant shall present the argument in support of the application;
3. Persons opposed to granting the application shall present their argument against the application;
4. Both sides will be permitted to present rebuttals to opposing testimony;
5. The Chairperson shall summarize the evidence which has been presented, giving the parties opportunity to make objections or corrections.
(c) Witnesses may be called and factual evidence may be submitted, but the Board shall not be limited to consideration of only such evidence as would be admissible in a court of law. The Board may view the premises before arriving at a decision. All witnesses before the Board shall be placed under oath and the opposing party may cross-examine them.
(D) Decisions.
(1) Time. A decision by the Board shall be made within 35 days from the time of hearing.
(2) Form.
(a) Written notice by certified or registered mail of the decision in a case shall be given to the applicant or appellant by the Secretary as soon as practical after the case is decided.
(b) Also, written notice shall be given to owners of the subject property and to persons who have made a written request for the notice. The final decision of the Board shall be shown in the record of the case as entered in the approved minutes. The record shall show the reasons for the determination, with a summary of the evidence introduced and the findings of fact made.
(3) Effect on decision. The decision on an application for an appeal may reverse or affirm, wholly or partly, or modify the decision or determination of the Watershed Administrator.
(4) Major variance. With an application for a major variance, the Watershed Review Board shall provide a recommendation to the N.C. Environmental Management Commission. The N.C. Environmental Management Commission shall have the authority to approve or deny the issuance of a variance. If the N.C. Environmental Management Commission approves the variance, the Watershed Review Board may direct the Watershed Administrator to issue a watershed protection permit.
(5) Voting. The concurring vote of 4/5 of the members of the Board shall be necessary to reverse any decision or determination of the Watershed Administrator. A majority vote of the members present and voting is required to provide a recommendation to the N.C. Environmental Management Commission on an application for a major variance.
(6) Public record of decisions. The decisions of the Board, as filed in its minutes, shall be a public record and available for inspection at all reasonable times. Every decision of the Watershed Review Board shall be filed in the office of the Watershed Administrator and a written copy thereof shall be delivered to the applicant and adjacent property owners by personal service or registered mail.
(7) Decisions and appeals.
(a) 1. Every decision by the Board regarding appeals from decisions of the Watershed Administrator shall be subject to review by the Superior Court by proceeding in the nature of certiorari.
2. Any petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after the decision of the Board is filed in that office as the ordinance specifies, or after a written copy thereof is delivered to every aggrieved party who has filed a written request for a copy with the Secretary or Chairperson of the Board at the time of its hearing of the case, whichever is later.
(b) The decision of the Board may be delivered to the aggrieved party either by personal service, by registered mail, or certified mail return receipt requested.
(Ord. 25 § 605, passed 12-6-1993)