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1988 Ordinances
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1988 Ordinances
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2/6/2009 3:41:44 PM
Creation date
6/19/2001 5:37:30 PM
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Ord/Resolutions
Year
1988
Ord/Resolutions - Type
Ordinances
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determination, it shall notify the applicant and the <br />Commission that thirty (30) days has passed and that the <br />application is deemed approved. The Wetlands Board shall <br />transmit a copy of the permit to the Commissioner. If the <br />application is reviewed or appealed, then the Wetlands Board <br />shall transmit the record of its hearing to the Commissioner. <br />Upon a final determination by the Commission the record shall <br />be returned to the Wetlands Board. The record shall be open <br />for public inspection at the office of City Planning. <br /> <br />Section 40-309. Bonding requirement; suspension or revocation <br /> of permit. <br /> <br /> The Wetlands Board may require a reasonable bond or <br />letter of credit in an amount and with surety and conditions <br />satisfactory to it securing to the City of Portsmouth and the <br />Commonwealth compliance with the conditions and limitations <br />set forth in the permit. The Wetlands Board may, after <br />hearing as provided herein, suspend or revoke a permit if the <br />Wetlands Board finds that the applicant has failed to comply <br />with any of the conditions or limitations set forth in the <br />permit or has exceeded the scope of work as set forth in the <br />application. The Wetlands Board, after hearing, may suspend a <br />permit if the applicant fails to comply with the terms and <br />conditions set forth in the application. <br /> <br />Section 40-310. Review procedure; grant or denial of permit. <br /> <br /> (a) In making its decision whether to grant, to grant <br />modified form, or to deny an application for a permit, the <br />Wetlands Board shall base its decision on these factors: <br /> <br /> (1) Such matters raised through <br />any person in support of or in rebuttal to <br />application, i ' <br /> <br />the testimony of <br />the permit <br /> <br /> (2) Impact of the development on the public health <br />and welfare as expressed by the policy and standards of <br />Chapter 2.1 of Title 62.1 of the Code of Virginia and any <br />guidelines which may have been promulgated thereunder by the <br />Commission. <br /> <br /> (b) If the Wetlands Board, in applying the standards <br />above finds that the anticipated public and private benefit of <br />the proposed activity exceeds the anticipated public and <br />private detriment and that the proposed activity would not <br />violate or tend to violate the purposes and intent of Chapter <br />2.1 of Title 62.1 of the Code of Virginia and of this Article, <br />the Wetlands Board shall grant the permit, subject to any <br />reasonable condition or modification designed to minimize the <br />impact of the activity on the ability of the City, to provide <br />governmental services and on the rights of any other person <br />and to carry out the public policy set forth in Chapter 2.1 of <br />Title 62.1 of the Code of Virginia and in this Article. <br /> <br /> <br />
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