§ 81-23. Appeal of decisions by Division of Environmental Protection.

A. 

The Town Board of the Town of Brookhaven is hereby authorized to affirm and/or modify and/or annul any findings of denial, hear and decide appeals on the Director's interpretation of this chapter and to affirm the requirements, decisions or determinations of the Director, by written decision.

B. 

Appeals shall be filed with the Town Clerk within 30 days of the date of the issuance of the decision of the Director.

C. 

Appeals shall be in writing in such form as may be prescribed by the Division of Environmental Protection, with a copy thereof simultaneously served upon the Division of Environmental Protection, and shall include ground(s) upon which they are based, including but not limited to the relevant provisions of this chapter and/or the disputed interpretation thereof.

D. 

Within 90 days of the submission of a request for an appeal to the Town Clerk, the Town Board will set a public hearing. Upon setting a date for the public hearing, both the Town of Brookhaven and the applicant shall follow the completion notice and local notification requirements set forth in § 81-11B, C, D, E, and F.

E. 

In making a determination to annul and/or modify the decision of the Division of Environmental Protection, the Town Board must find that:

(1) 

No practicable alternative is available;

(2) 

The proposed project is compatible with the purposes and legislative intent of this chapter;

(3) 

All reasonable means and mitigation measures limiting adverse impacts to the wetlands and waterways and their functions and/or values thereof have been implemented or incorporated into the project design;

(4) 

The proposed conditions limiting the project or potential mitigation measures required by the Director were neither reasonable nor practicable and/or would not have protected the natural resource in accordance to the legislative intent of this chapter; and

(5) 

The denial of the application by the Director was not a result of the applicant's failure or unwillingness to utilize methods and employ mitigation measures to reduce the overall impact to the system.

F. 

In the event that the Town Board does not make a determination to annul or modify the decision of the Director and upholds the findings of the Division of Environmental Protection, the relief mechanism shall be as provided in § 81-24 for all wetlands.