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2023 Ordinances
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Last modified
12/15/2023 2:40:47 PM
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1/17/2023 12:17:28 PM
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(d) The wetlands board shall grant the permit if all of the following criteria are met: <br />(1) The anticipated public and private benefit of the proposed activity exceeds its <br />anticipated public and private detriment. <br />2-The proposed development conforms with the standards prescribed in § 28.2- <br />1308 of the Code of Virginia and guidelines promulgated pursuant to § 28.2- <br />1301 of the Code of Virginia. <br />(3) The proposed activity does not violate the purposes and intent of this <br />ordinance or chapter 13 (§ 28_.2 -1300 et sea.) of Title 28.2 of the Code of <br />Virginia. <br />(e) If the wetlands board finds that any of the criteria listed in subsection (d) of this <br />section 39 -86 are not met, the board shall deny the permit application but allow <br />the applicant to resubmit the application in modified form. <br />Sec. 39 -87. Record of proceedings on application. <br />The wetlands board shall make a record of the proceedings on the application for a <br />permit under this division, which shall include the application, any written statements of <br />witnesses, a summary of statements of all witnesses, the findings and decision of the <br />board, and the rationale for the decision. If the application is reviewed or appealed, the <br />board shall transmit such record to the commissioner. Upon a final determination by the <br />commission, the record shall be returned to the board. The record shall be open for public <br />inspection at the office of the planning department of planning. <br />Sec. 39 -88. Form. <br />A permit issued under this division shall be in writing; and signed by the <br />chair of the wetlands board or their authorized representative. <br />Sec. 39 -89. Copy to be transmitted to commissioner. <br />The wetlands board shall transmit a copy of each permit issued under this division to <br />the commissioner. <br />Sec. 39 -90. No effect on zoning and land use ordinance. <br />No permit granted by the wetlands board under this division shall <br />in any way affect the applicable <br />zoning and land use ordinances of the city or the right of any person to seek <br />compensation for any injury in fact incurred by them because of the proposed activity. <br />Sec. 39 -91. Bond to secure compliance with conditions and limitations. <br />
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