42-305. Henderson County Water Quality Board

  1. Powers and Duties Pursuant to This Chapter. Without limiting any authority granted to the Water Quality Board by law or by regulations, the Water Quality Board shall have the following powers and duties with respect to this Chapter, to be carried out in accordance with the terms of this Chapter:
    1. Text Amendments. To initiate text amendments to this Chapter by adopted motion and submittal to the Planning Director.
    2. Map Amendments. To initiate map amendments to the Official Zoning Map by adopted motion.
    3. Watershed Map Review. To interpret the official watershed maps and pass decisions upon disputed questions of lot lines or district boundary lines.
    4. Administrative Review. To hear and decide appeals from any decision or determination made by the Water Quality Administrator in the enforcement of any sections of this Chapter which relate to water supply watershed protection and stormwater management.
    5. Stormwater Management Permits. To grant stormwater management permits as authorized by this Chapter.
    6. Water Supply Watershed Use Permits. To grant water supply watershed use permits as authorized by this Chapter.
    7. Watershed Protection Compliance Permits. To grant watershed protection compliance permits as authorized by this Chapter.
    8. Watershed High-Density Development Permits. To grant watershed high-density development permits as authorized by this Chapter.
    9. Variances. To grant, in specific cases, Watershed Local Variances from the terms of this Chapter which relate to water supply watershed protection.
    10. Additional Powers and Duties. Such additional powers and duties as may be set forth for the Water Quality Board elsewhere in this Chapter and in other laws and regulations.
  2. Membership. The Zoning Board of Adjustment shall serve as the Water Quality Board.
  3. Rules. The Water Quality Board shall carry out all powers and duties stated in the rules of procedure adopted by the Board of Commissioners for the Water Quality Board. Any changes (other than to the meeting time and place) to such rules of procedure must be approved by the Board of Commissioners.
  4. Meetings. All meetings or hearings of the Water Quality Board shall be open to the public.
  5. Decisions. The concurring vote of the majority of the members of the Water Quality Board shall be necessary to reverse any order, requirement or decision of the Water Quality Administrator. The same majority vote shall be necessary to decide in favor of the applicant on any matter upon which the Water Quality Board is required to pass under any sections of this Chapter which relate to water supply watershed protection or to affect any variation of those sections of this Chapter which relate to water supply watershed protection. On all appeals, applications and other matters brought before the Water Quality Board, said board shall inform in writing all parties involved of its decisions and the reasons therefore.
  6. Records. The Water Quality Board shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating that fact. Final disposition of appeals shall be by recorded order indicating the reasons of the Water Quality Board therefore, all of which shall be public record.