§ 50-113. Appeals.

(a)

Decisions by the subdivision administrator relating to minor subdivisions may be appealed to the planning board in accordance with the following procedures:

(1)

Step 1. The applicant shall notify the subdivision administrator in writing of his intent to appeal the subdivision administrator's decision within 30 days of denial stating the grounds for the appeal.

(2)

Step 2. Once the appeal is received the subdivision administrator will place the appeal on the next available planning board agenda for their review. The decision of the planning board shall be final.

(b)

Decisions by the planning board regarding conditions placed on a plat or disapproval of a plat may be appealed in accordance with the following procedures:

(1)

Step 1. The subdivider shall file written notice of appeal with the town clerk not later than 30 days after the date of the action by the planning board stating the grounds for appeal. The party or parties appealing shall be entitled to a de novo hearing before the town council. The subdivision administrator shall notify the planning board of the appeal upon receipt of the notice of appeal. The town council in considering the appeal shall have the same authority as the planning board.

(2)

Step 2. The town clerk shall set a hearing date before the town council within 30 days of receipt of written notice of the appeal, or as soon thereafter as is practicable.

The decision of the city council shall be subject to review by the superior court of the county. In order to obtain judicial review of a final decision by the town council, the person seeking review must file a petition in the superior court of the county within 30 days of the final decision of the town council.

(Code 2003, § 22-123; Ord. No. 04-19, § 1(exh. A), 5-20-2004)