§ 33E-15. Appeals of administrative decisions.
(a)
Administrative remedies. Decisions of the County Public Works Director or the County Planning and Zoning Director may be appealed by the feepayer to the County Developmental Impact Committee Executive Council for a de novo review. Appeals of the decisions of the Executive Council shall be to the Board of County Commissioners. If the feepayer appeals the decision of a Director or of the Developmental Impact Committee Executive Council, the decision on appeal shall be deemed a non-final order.
(b)
Procedure on appeal. If a feepayer wishes to appeal an administrative decision of the County Public Works Director, or of the County Planning and Zoning Director, the feepayer shall first file with the Developmental Impact Committee Coordinator a notice of administrative appeal on a form approved by the Zoning Director. All appeals shall be filed within thirty (30) days after the earlier of: (a) the issuance of a written decision by the Public Works Director or the Planning and Zoning Director; or (b) the Planning and Zoning Director's acceptance of payment of the road impact fee. The feepayer shall, when filing an appeal, submit a letter which provides a full explanation of the request, the reason for the appeal, and any supporting documentation.
(c)
Proceedings before Developmental Impact Committee. The Developmental Impact Committee Coordinator shall schedule the appeal before the Executive Council as soon as practically possible. The Executive Council shall vote to affirm, reject or revise the decision of the County Public Works Director or of the County Planning and Zoning Director. The written decision of the Council shall be mailed certified mail, return receipt requested. Any appeal to the County Commission must be filed with the Zoning Director pursuant to Section 33-314 of this code within thirty (30) days from the date of the receipt of the Council's written decision.
(Ord. No. 88-112, § 1(15), 12-6-88; Ord. No. 90-60, § 1, 6-19-90; Ord. No. 95-215, § 1, 12-5-95; Ord. No. 98-125, § 26, 9-3-98; Ord. No. 09-08, § 12, 1-22-09; Ord. No. 15-144, § 1, 12-1-15)