(a) Applicability. This section applies to an appeal from the issuance of a grading permit for grading on land within 100 feet of the mean high-water line, a tributary stream, or the edge of a tidal wetland or within the expanded buffer provided for in § 18-13-104(a) of this Code. This section also applies to an appeal from the issuance of a grading permit for disturbance of one acre or more on any lot other than one that is part of a larger site with an active or completed grading permit that provides for site improvements and future development of lots on that site.
(b) Stay pending decision by the Board of Appeals. The timely filing of an appeal automatically stays all action under the permit pending a final decision by the Board of Appeals. The Board shall hear and decide the appeal within 45 days of the filing of the appeal. If the Board fails to issue a final written decision within 45 days, the stay shall be terminated and may not be reinstated.
(Bill No. 58-10)