17-27a-703 - Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.
17-27a-703. Appealing a land use authority's decision -- Panel of experts forappeals of geologic hazard decisions.
(1) The applicant, a board or officer of the county, or any person adversely affected bythe land use authority's decision administering or interpreting a land use ordinance may, withinthe time period provided by ordinance, appeal that decision to the appeal authority by allegingthat there is error in any order, requirement, decision, or determination made by the land useauthority in the administration or interpretation of the land use ordinance.
(2) (a) An applicant who has appealed a decision of the land use authority administeringor interpreting the county's geologic hazard ordinance may request the county to assemble a panelof qualified experts to serve as the appeal authority for purposes of determining the technicalaspects of the appeal.
(b) If an applicant makes a request under Subsection (2)(a), the county shall assemble thepanel described in Subsection (2)(a) consisting of, unless otherwise agreed by the applicant andcounty:
(i) one expert designated by the county;
(ii) one expert designated by the applicant; and
(iii) one expert chosen jointly by the county's designated expert and the applicant'sdesignated expert.
(c) A member of the panel assembled by the county under Subsection (2)(b) may not beassociated with the application that is the subject of the appeal.
(d) The applicant shall pay:
(i) 1/2 of the cost of the panel; and
(ii) the county's published appeal fee.
Amended by Chapter 356, 2009 General Session