108-22-9 Appeals

Except as allowed in subsection (b) of this section, an appeal of any written decision in the application of this chapter shall be appealed in accordance with title 102, chapter 3 Board of Adjustment, of this Land Use Code. When a written decision provided under this chapter contains technical aspects, an applicant may request the city to assemble a panel of qualified professionals to serve as the appeal authority for the sole purpose of determining those technical aspects. State Law reference—Related provisions, U.C.A. 1953, § 17-27a-703(2) The technical aspects of the administration and interpretation of this chapter are decisions related to: The acceptance or rejection of scope, techniques, methodology, conclusions or specific types of information presented in a study or report; The review and recommendation of an acceptable study or report for the land use authority's consideration; The interpretation or application of any technical provisions of a study or report that is required by this chapter; or The modification of a natural hazard study area boundary. Unless otherwise agreed by the applicant and city, if an applicant makes a request under this subsection, the city shall assemble the panel consisting of: One qualified professional designated by the city; One qualified professional designated by the applicant; and One qualified professional chosen jointly by the citys designated qualified professional and the applicant's designated qualified professional. A member of the panel may not be associated with the application that is the subject of the appeal. The applicant shall pay for one half the cost of the panel in addition to the citys appeal fee. The panel shall be governed by the same appeal provisions of the board of adjustment provided in title 102, chapter 3 Board of Adjustment, of this Land Use Code.