the Planning Board, the Town Board may proceed as though a favorable recommendation had been received.
B. Amendments by Town Board of Commissioners . The Town Board of Commissioners may, on its own motion or by petition, after public notice and hearing, amend, supplement, change or modify the Watershed Protection Regulations as described herein. C. No Violation of Watershed Protection Regulations . Under no circumstances shall the Town Board of Commissioners adopt such amendments, supplements or changes that would cause the Watershed Protection Regulations to violate the watershed protection rules as adopted by the North Carolina Environmental Management Commission. All amendments must be filed with the North Carolina Division of Environmental Management, NC Division of Environmental Health, and the NC Division of Community Assistance.
(4) Public Notice & Hearing Required . Before adopting or amending the Watershed
Protection Regulations, the Town Board of Commissioners shall hold a legislative hearing on the proposed changes. A notice of the legislative hearing shall be given once a week for two (2) successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time neither less than 10 days nor more than 25 days before the date fixed for the legislative hearing. (5) Powers & Duties of the Board of Adjustment Related to Watershed Protection Regulations . The following powers and duties of the Board of Adjustment shall apply to watershed protection: A. Administrative Review . The Board of Adjustment shall hear and decide appeals from any decision or determination made by the Planning Director in the enforcement of the Watershed Protection Regulations. B. Variance . The Board of Adjustment shall have the power to authorize, in specific cases, minor variances from the terms of the Watershed Protection Regulations as will not be contrary to the public interest where, owning to special conditions, a literal enforcement of the Watershed Protection Regulations will result in practical difficulties or unnecessary hardship, so that the spirit of the Watershed Protection Regulations shall be observed, public safety and welfare secured and substantial justice done. In addition, the Town of Fuquay-Varina shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed and any
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