A. Appeals from review comments made related to subdivision improvement plans during the review cycle described in Section 12-6-130 of this Title may be made by filing a written notice of appeal to the City Recorder within fifteen (15) days of denial of the final plat by the City Engineer.
B. Upon receiving the appeal, the City Engineer and the appellant shall, unless otherwise agreed by the City and appellant, designate a licensed engineer to serve on a three (3) member panel described in Utah Code Ann § 10-9a-508(5)(d). Neither engineer designated may have an interest in the application subject to appeal. Any engineer employed by or working at a firm retained by the city or appellant to review, modify or draft plans is considered to have an interest in the application and are not eligible to serve.
C. The two (2) designated engineers shall confer and designate one additional licensed engineer.
D. The land use applicant is responsible for payment of fifty percent (50%) of the cost of the panel and an appeal fee designated on the City's consolidated fee schedule.
E. The panel shall hear arguments and exhibits provided by the parties and render a written decision supported by applicable codes and the City's adopted construction standards and specifications. The panel may not overrule the City's adopted construction standards and specifications unless a state law expressly overrides a provision of those standards.
The panel's decision may be reviewed by a district court by either party, by filing a petition for review within thirty (30) days after the date on which the decision is final. (Ord. 2015-06, 2-17-2015; amd. Ord. 2023-65, 11-14-2023; Ord. 2023-66, 11-16-2023)