Land Development Ordinance - Amended 9-2-2025

industry using the watershed for water consumption where the variances is being considered, in addition to the following:

i. Permit Standards . A variance issued in accordance with the provisions of the Watershed Protection Regulations shall be considered a “watershed protection permit” and shall expire if a building permit or watershed occupancy permit for such use is not obtained by the applicant within 12 months from the date of the decision. ii. Preliminary Record of Hearing . If the application calls for the granting of a major variance, and if the Board of Adjustment decides in favor of granting the variance, the Board of Adjustment shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include:

1. Application . The variance application.

2. Notice . The hearing notices.

3. Evidence . The evidence presented.

4. Motions & Ruling . Motions, offers of proof, objections to evidence, and ruling on them.

5. Findings . Proposed findings and exceptions.

6. Decision . The proposed decision, including all conditions proposed to be added to the watershed occupancy permit.

iii. Preliminary Record Submitted to Environmental Management Commission . The preliminary record shall be sent to the Environmental Management Commission for its review as follows: 1. Commission Review & Findings . If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure no reasonable return from, or make any practical use of the property unless the proposed variances granted, and 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. The Commission shall

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