(A) Authority. The Planning Commission shall be authorized to hear and decide appeals only on subdivision-related matters (including determinations of {subdivision application} incompleteness) where it is alleged there is an error in any order, requirement, decision, or determination made by an administrative official in the administration or enforcement of any of the subdivision regulations of §§ 153.300 through 153.315 of this code.
(B) Right to appeal. Appeals of administrative decision on subdivision-related matters may be filed by any officer, board, or bureau of the town or by any person with a substantial interest in a decision of an administrative official.
(C) Application filing; timing. Applications for appeals of administrative decisions on subdivision- related matters shall be submitted to the Zoning Administrator on forms available in the Planning/Zoning Department. Appeals of administrative decisions on subdivision matters shall be filed within 30 calendar days of the date of written notice of the decision being appealed.
(D) Effect of filing. The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the official whose decisions being appealed certifies to the Planning Commission, after the appeal is filed that, because of facts stated in the certification, a stay would cause immediate peril to life or property. In such case, proceedings shall not be stayed other than by a restraining order, which may be granted by the Planning Commission or by a court of record.
(E) Record of administrative decision. The official whose decision is being appealed shall transmit to the Planning Commission all papers constituting the record upon which the action appealed is taken.
(F) Public hearing notice. Newspaper notice of the Planning Commission’s public hearing shall be provided in accordance with the requirements of § 153.040(G) of this code. The applicant shall be responsible for the cost of fees incurred as part of an appeal.
(G) Planning Commission review and action.
(1) The Planning Commission shall hold at least one public hearing on the appeal and, within a reasonable time following the close of the public hearing, take final action based on the procedures and requirements of this section. When an appeal relates to a determination of (application) incompleteness, the Planning Commission shall hear and take action on the appeal within 15 calendar days of the date of the appeal.
(2) In exercising the appeal power, the Planning Commission shall have all the powers of the official from whom the appeal is taken, and the Planning Commission may reverse or affirm, wholly or in part, or may modify the decision being appealed.
(3) If the Planning Commission determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence, and to that end shall have all the powers of the officer from whom the appeal is taken.
(4) A quorum of the Planning Commission shall be achieved when the number of members in attendance equals more than one-half of the total membership of the Planning Commission. A simple majority of the members present and voting shall be required to reverse any order, requirement, decision, or determination of any administrative officer or agency.
(H) Approval criteria; findings of fact. An appeal shall be sustained only if the Planning Commission finds that the administrative official erred. The decision of the Planning Commission shall be accompanied by specific, written findings of fact and conclusions of law clearly stating the reason(s) for the decision. Those written findings shall be delivered to parties in interest by certified mail and permanently filed in the Planning/Zoning Department.
(I) Appeals. Any person with a substantial interest in a decision of the Planning Commission or any officer, board, or bureau of the town may appeal a final decision of the Planning Commission to the Circuit Court. Appellants shall file with the Court Clerk a written petition plainly and fully setting forth how such decision is contrary to law. Such appeal shall be filed within 30 calendar days after the decision of the Planning Commission is mailed.
(Ord. 2012-06, § 3.14, passed 10-18-2012; Ord. 2012-21, passed 12-20-2012)