§ 116-1-10. Grounds for decision of board regarding application.

(a)

In deciding whether to grant, grant in modified form, or deny a permit, the Board shall consider the following:

(1)

The testimony of any person in support of or in opposition to the permit application.

(2)

The impact of the proposed development on the public health, safety and welfare; and,

(3)

The proposed development's conformance with standards prescribed in Code of Virginia, Section 28.2-1308 and guidelines promulgated pursuant to Code of Virginia, Section 28.2-1301.

(b)

The Board shall grant the permit if all of the following criteria are met:

(1)

The anticipated public and private benefit of the proposed activity exceeds its anticipated public and private detriment.

(2)

The proposed development conforms with the standards prescribed in Code of Virginia, Section 28.2-1308 and guidelines promulgated pursuant to Code of Virginia, Section 28.2-1301.

(3)

The proposed activity does not violate the purposes and intent of this Chapter or Code of Virginia, Title 28.2, Chapter 13, Section 28.2-1300 et seq.

(c)

If the Board finds that any of the criteria listed in Subsection b of this Section are not met, the Board shall deny the permit application but allow the applicant to resubmit the application in modified form. (47-88-116; 26-94-116.)