(a) An appeal to the Chesapeake Bay Board may be taken by any person aggrieved by any administrative decision, order or requirement under this chapter, by submitting a written application for review to the Chesapeake Bay Board no later than 30 days from the rendering of such decision, order or requirement. The board shall hear the appeal as soon as practical after receipt of the application. A nonrefundable processing fee of $250.00 shall accompany each application for an appeal.

(b) In rendering its decision, the board shall:

(1) Examine the language of this chapter to determine whether the language is clear or is subject to more than one interpretation;

(2) If, in the opinion of the board, the language is clear, the board will require the applicant to show that his case is not within the intent of the regulation. In these cases, the board will assume that the administrative decision is correct and the applicant will bear the burden of proof;

(3) If the language of this chapter is unclear, the board will inquire as to whether the decision made by the official involved is consistent with previous administrative determinations in similar situations;

(4) If the administrative decision is consistent with prior decisions, the applicant will prevail only if the administrative decision is not within the intent and purpose of the ordinance and, therefore, so arbitrary or unreasonable that the board must substitute its own interpretation and overturn the administrative decision. If the administrative decision is both consistent and reasonable, the board will uphold it;

(5) If the administrative decision is inconsistent with prior decisions, the Board will carefully examine all factors involved to ensure that the appearance of an arbitrary decision is overcome by a legitimate attempt to further the intent and purpose of this chapter.

In applying these guidelines, the board will consider any pertinent factors that arise during the public hearing.

(c) Any person aggrieved by a Chesapeake Bay Board decision, order or requirement, may appeal the decision, order or requirement to the Circuit Court by filing a notice of appeal with the Clerk of the Court specifying the grounds on which aggrieved, within thirty days after the final decision by the Chesapeake Bay Board. A copy of the notice shall be provided to each regular member of the Chesapeake Bay Board, to the County Attorney, and to the owner of the subject property if the appellant is not such owner, by hand delivery or by mailing a copy of the notice contemporaneously with its filing by first class mail, postage prepaid.

(Ord. No. 05-13(R), 5/17/05; Ord. No. 06-1, 1/17/06; Ord. No. 06-14(R), 8/21/07; Ord. No. 08-4, 4/15/08)