Sec. 23.2-16.
Appeals.
(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) |