1208 Subdivision Appeal Authority

1) The Appeal Authority for Town decisions relating to the consideration, approval, or denial of a subdivision application, except where otherwise noted, is the Town Council. 2) The Appeal Authority shall hear appeals on binding decisions made by the Land Use Authorities and shall hear complaints about the conduct of the Land Use Authorities in administering the provisions of this Chapter. 3) A party appealing or complaining of a Land Use Authority’s decision under this Chapter must exhaust its remedies under this Section (by appealing or arguing their position to the Appeal Authority) before bringing an action against the Town in a court of law. 4) A party who has submitted a subdivision application or petition may appeal or complain to the Appeal Authority. A party desiring to appeal a Land Use Authority decision shall submit to the Appeal Authority the following in writing: a) The reason the party submitted its application or petition. A brief explanation of the relief the party is seeking,, the Land Use Authority’s decision and treatment of the application or petition, and why the applicant believes the Land Use Authority misapplied the provisions of this Ordinance or abused the discretion given it by this Ordinance. b) The most recent version of the application or petition the party submitted. c) Any supplemental documentation or information that the Appeal Authority requests. d) All appeals must be emailed or mailed to the Town Recorder using the Recorder’s official Town address and/or email account listed on the Town website. 5) After receiving a complete appeal in accordance with this Section, the Appeal Authority shall deliver a decision to the applicant, in writing, no later than 45 calendar days after the Appeal Authority receives the appeal. 6) For ease of reference, the Land Use Authorities and Appeal Authorities for actions under this Chapter are described in Table 1208. TABLE 1208 - SUBDIVISION LAND USE AND APPEAL AUTHORITIES Action Recommending Body Land Use Authority Appeal Authority Preliminary Subdivision Application N/A Planning and Zoning Town Council Commission Final Subdivision Application N/A Zoning Administrator Town Council Petition to Materially N/A Planning and Zoning Town Council Amend Existing Commission Subdivision Petition for Lot Line N/A Planning and Zoning Town Council Adjustment Commission Petition to Vacate Planning and Zoning Existing Subdivision Commission Town Council Hearing Officer Acceptance and Approval of Required Improvements Building Official Town Council Hearing Officer Release of Completion Assurance (Full or Partial) Building Official Town Council Hearing Officer