(A) Creation. The Stormwater Appeals Board is hereby authorized by York County and shall be referred to in §§ 152.081 and 152.082 as the Board. The Board shall consist of five members appointed by the County Council. Members shall have professional or educational experience in engineering, land surveying, hydrology, geology, landscape architecture, ecology, environmental sciences, earth science, soil science, natural resources, chemistry, or other commensurate professional or educational background. Of the members first appointed, three members shall serve for three years and two members shall serve for two years. Subsequent terms for all members shall be for three years. Members shall serve a maximum of two terms. The Stormwater Administrator shall serve as staff liaison to the Board. Annually, the members shall select a Chairman and Vice-Chairman. The Planning and Development Services Director shall appoint a staff member to serve as a secretary for the Board.
(B) Duties. The Board shall have the following duties and responsibilities:
(1) Hear appeals and provide recommendations from the Stormwater Administrator’s administrative decisions and variances regarding interpretation and implementation of this chapter.
(2) Hear appeals and provide recommendations from the Floodplain Administrator’s administrative decisions and variance regarding interpretation and implementation of Chapter 151 - Flood Damage Prevention Ordinance.
(C) Meetings. The Board shall meet as necessary but no less than twice per calendar year, as determined by the Chairman and the Stormwater Administrator, for the purpose of hearing appeals as established in § 151.50 and § 152.081. All meetings shall be properly noticed, and an agenda shall be prepared and posted in compliance with South Carolina state statutes and county ordinances.
(D) Quorum. Three members of the Board shall constitute a quorum.
(E) Attendance. Members may not be absent from three consecutive called meetings. A member who fails to meet the minimum attendance requirements shall be deemed to have forfeited the membership and shall be removed without further action by the Board or the County Council. The secretary shall notify the Board, the absent member, and the County Council (through the Clerk to Council) of the absences, removal, and vacancies, on the Board. The County Council shall fill the vacancy created thereby in the manner of the original appointment, for the unexpired term of the member.
(F) Procedures. The Board shall adopt by-laws establishing rules and procedures consistent with state law and county ordinances.
(G) Decisions. The vote of a majority of the Board present and constituting a quorum at any called meeting will be necessary to reverse the administrative decision of the Stormwater Administrator. The Board will keep minutes of its proceedings, showing the record of vote for each member upon each question and will keep records of its examinations and other official actions, all of which will be filed, as soon as practicable, in the office of the Board. Upon the conclusion of all appeals brought before the Stormwater Appeals Board, the Board shall provide all parties with a written decision indicating its determination and the basis therefore.. In no event shall the Stormwater Appeals Board issue a decision that in any way conflicts or contradicts these regulations or any other federal, state or local laws or regulations relating to stormwater and sediment control.
(H) Appeal of Board decision. Appeals of Board decisions shall be made to the court of competent jurisdiction per § 152.081. All decisions of the Board shall be made in writing, and a copy, either by mail or electronic format, shall be provided to the person appealing the decision. For purposes of appeals, the date on the written decision shall be the official decision date.
(Ord. 2819, passed 6-17-19; Am. Ord. 2221, passed 5-17-21)