(A) A person aggrieved by a decision of the Department related to a determination of preliminary plat application completeness or incompleteness may appeal the decision to the Commission, the Commission acting as the appeal authority for all determinations of application completeness decisions on a preliminary subdivision plat applications.
(B) A person aggrieved by a decision of the Department related to a determination of final subdivision plat application completeness or incompleteness may appeal the decision to the Commission, the Commission acting as the Appeal Authority for all determinations of application completeness decisions for final subdivision plat applications.
(C) An appeal shall be presented via an appeal application, available in the Department, and presented to the Department within ten calendar days of receipt of the Department’s written notification of its determination of completeness or incompleteness.
(D) The appellant shall have the burden of proving that the Department’s determination of application completeness or incompleteness was incorrect, and that the Department erred in making its determination.
(E) The scope of the Commission in rendering an appeal decision of a determination of application completeness or incompleteness shall be limited to the materials and information provided to the Department in the application. The Commission’s scope shall be those materials and information on the record with the Department. The Commission shall not consider any other materials and information not originally provided to the Department.
(F) The Commission shall determine whether the record on appeal includes substantial evidence for each essential finding of fact. The Commission shall:
(1) Determine the correctness of the Department’s determination of completeness or incompleteness and application of the plain meaning of the applicable provisions of this chapter; and
(2) Interpret and apply the relevant provisions of this chapter in favor of the application unless the relevant provisions plainly require an alternative finding and decision.
(G) The decision of the Commission, acting as the appeal authority for determinations of application completeness or incompleteness, is a quasi-judicial act.
(H) A decision of the Commission made under the authority of this section shall take effect on the date when the Commission passes a majority motion, on the record, affirming or denying the appeal application.
(Prior Code, § 25.13.030) (Ord. 20-03, passed 3-19-2020; Ord. 24-03, passed 2-1-2024)