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1994 Ordinances
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1994 Ordinances
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Ord/Resolutions
Year
1994
Ord/Resolutions - Type
Ordinances
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board shall require such scientific monitorinq plans as it <br /> deems necessary to ensure that such projects ~esult in the <br /> successful re-establishment of wetlands protected by the <br /> aforementioned chapter and may require that a prepaid conEracc <br /> acceptable to the wetlands board be in effect for the purposes <br /> of carrying out the scientific monitoring plan. In addition, <br /> the wetlands board may require a reasonable bond or letser of <br /> credit in an amount and with surety and conditions satisfactory <br /> to it, securing ~o the Commonwealth of Virginia and/or the City <br /> of Pornsmouth compliance with the conditions see forth in the <br /> resEoration order. The appropriate court, upon petition by the <br /> weElands board, shall have authority Eo enforce any such <br /> restoration order by injunction, mandamus or other appropriate <br /> remedy. Failure to complete the required restoration shall <br /> constiEute a violatIon of the aforementioned chapter. <br /> <br /> Sec. 39-87. Determination of board; grant or denial. <br /> <br /> (a) The wetlands board shall make its determination on an <br />application filed under this division within thirEy (30) days <br />from the hearing provided for in section 39-96. If the board <br />fails Eo ace within such time, the application shall be deemed <br />approved. Within forty-eight (48) hours of its determinaEion, <br />the board shall noEify the applicant and the commissioner of <br />such determination, and if the board has not made a <br />determination, it shall noEify the applicant and the commission <br />that thirty (30) days have passed and that the application is <br />deemed approved. <br /> <br /> (b) In acElng on any application for a permit under this <br /> division, the wetlands board shall granE the application upon <br /> the concurring favorable vote of four (4) members. <br /> <br /> (c) In making its decision whether to grant, Eo grant in <br /> modified form, or to deny a permit under this division, the <br /> wetlands board shall base its decision on these factors: <br /> <br /> (1) Matters raised through the Eestimony of any person in <br /> support of or in rebuttal to the permit application. <br /> <br /> (2) Impact of the development on the public health and <br />welfare as expressed by the policy and standards of chapter 13 <br />of title 28.2 (section 28.2 1300 et seq.) of the Code of <br />Virginia and any guidelines which may have been promulgated <br />thereunder by the commission. <br /> <br />If the weElands board, in applying the standards above, finds <br />that the anticipated public and private benefit of the proposed <br />activity exceeds the anticipated public and private detriment <br />and that the proposed activity would not violaEe or tend to <br />violaEe the purposes and intenu of chapuer 13 of title 28.2 <br />(section 28.2 1300 et seq.) of the Code of Virginia and of <br />this arEicle, the board shall grant the permit, subject to any <br />reasonable condition or modification designed to minimize the <br /> <br /> <br />
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