18.30.060 Appeals to the borough assembly.
An appeal made to the borough assembly of the commission’s decision on any permit shall be requested by filing with the borough clerk, within 10 business days of the date of the decision appealed, a written notice of appeal stating with particularity the grounds for the appeal. At the next regularly scheduled borough assembly meeting the borough assembly, by passage of a motion, may choose to rehear the commission’s decision. Any aggrieved person, including the developer, may appear at that meeting and explain to the borough assembly why it should rehear the commission’s decision.
A. If the borough assembly chooses to rehear the decision, it may choose to rehear the entire decision or any portion thereof. If it decides to rehear a decision or any portion thereof, it shall give public notice (as described in HBC 18.20.020), conduct a public hearing and make its decision at its next regularly scheduled meeting.
B. In all re-hearings the burden of proof shall be on the party challenging the decision of the commission.
1. Findings of fact adopted expressly or by necessary implication shall be considered as true if, based upon a review of the whole record, they are supported by substantial evidence. Substantial evidence means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. If the record as a whole affords a substantial basis of fact from which the fact in issue may be reasonably inferred, the fact is supported by substantial evidence. The burden of proof shall be on the appellant to demonstrate the facts and resolution of the issues on appeal by substantial evidence. The evidence shall be limited to a review of the record, although further argument may be allowed.
2. In all decisions the burden of proof shall be on the party challenging the decision of the planning commission.
3. The borough assembly may confirm the commission’s decision, reverse the commission’s decision, or change the conditions which the commission placed on approval. The borough assembly shall support its action with written findings.
C. A decision by the commission shall not be stayed pending appeal, but action by the appellee in reliance on the decision, shall be at the risk that the decision may be reversed on appeal.
D. The borough assembly hereby provides for an appeal by a municipal officer or person aggrieved from a decision of a hearing officer or other body to the superior court. An appeal to the superior court under this section is an administrative appeal heard solely on the record established by the hearing officer or other body. (Ord. 23-07-647 § 5; Ord. 12-05-291 § 6; Ord. 05-02-091; Ord. 04-05-078)