Land Development Ordinance - Amended 4-2-2024

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 prepare a “Commission decision” and send it to the Board of Adjustment. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting to propose variants. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision including such conditions and stipulations, granting the proposed variance. 2. Reason for Denial . If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure a reasonable return from or make a practical use of the property without the variance, or the variance if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a “Commission decision” and send it to the Board of Adjustment. The Board shall p repare a final decision denying the variance as proposed.

3. Subdivision Regulations . Subdivision approval. See §9-1403 Watershed Protection Regulations, j. Subdivision Regulations for the Watershed Protection Areas.

4. Public Health Regulations . Public health. See §9-1403 Watershed Protection Regulations, l. Public Health Regulations.

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