CHAPTER 43.35: RECONSIDERATION AND APPEALS
Section
43.35.003 Appeals of platting officer decision
43.35.005 Reconsideration by platting board
43.35.003 APPEALS OF PLATTING OFFICER DECISION.
(A) Appeals to the platting board filed by any person entitled to appeal the decision under MSB 15.39.130 shall be filed within ten days of the platting officer’s written decision on abbreviated plats, 40-acre exemptions, waivers, and right-of-way acquisition plats.
(1) A written notice of appeal shall be submitted to the platting division.
(2) The notice of the appeal shall state the reason for the appeal, which must be based on one or more of the following:
(a) the decision of the platting officer is in violation of borough code, state or federal law;
(b) there was a clerical error in the decision;
(c) there is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing; or
(d) there was a substantial procedural error in the original proceedings.
(3) New evidence submitted after acceptance of the appeal shall not be considered or presented to the platting board.
(B) Within ten days from the date the appeal was filed the platting division shall provide the notice of the appeal to the applicant and any party who provided oral testimony at the public hearing or filed written comments prior to the platting officer’s original decision.
(C) Written comments on appeal must be filed with the platting division ten days before the platting board meeting where the appeal will be considered. Only the parties filing written submittals or requesting to be heard in writing ten days prior to the appeal hearing may testify at the appeal hearing.
(D) The appeal hearing shall be set no later than 45 days after the appeal is filed unless cause is shown by the party requesting the appeal that the hearing be expedited or continued. If the platting board does not act on the appeal within the 45 days then the decision of the platting officer stands.
(Ord. 22-103, § 17, 2022; Ord. 17-033, § 37, 2017: Ord. 16-018, § 29, 2016; Ord. 11-072, § 3 (part), 2012
43.35.005 RECONSIDERATION BY PLATTING BOARD.
(A) The platting board may reconsider its decision upon petition of any person entitled to appeal the decision under MSB 15.39.130 filed within ten days of the date the written “notification of platting board action” is issued.
(B) The platting board may reconsider its decision only if it finds:
(1) there was a clerical error in the decision;
(2) the decision resulted from fraud, misrepresentation, or mistake;
(3) there is newly discovered evidence or a change in circumstances which by due diligence could not have been discovered before the original hearing;
(4) the board acted without jurisdiction in the original proceeding; or
(5) there was substantial procedural error in the original proceedings.)
(C) The petitioner shall state one or more of the bases for reconsideration listed in subsections (B)(1) through (5) of this section in the petition for reconsideration and briefly explain why those bases for reconsideration apply to the petition.
(D) The platting board shall review the petition at its next regular meeting and decide whether to reconsider the matter. The decision to reconsider the matter shall be based on the petition and any oral argument of the petitioner, which the board may decide to hear.
(E) If the petition for reconsideration is granted, the platting board shall set the matter on its agenda for rehearing only after notifying all people giving testimony and all people required to receive notice of the original petition under MSB 43.10.065. Parties shall have ten days from the date of notice that a reconsideration hearing has been granted to file written comments and inform the platting division of their intent to participate in the hearing.
(F) The reconsideration hearing shall be conducted in the same manner as the original proceeding.
(G) The platting board’s decision at the reconsideration hearing shall be final, and no further petitions for reconsideration shall be entertained.
(H) The timely filing of a motion for reconsideration shall suspend the time for filing an appeal until the motion for reconsideration is resolved by the platting board.
(I) The timely filing of a petition for reconsideration from the granting of a vacation shall suspend the 30-day time period required for assembly or city council approval or denial of the proposed vacation until the matter is resolved by the platting board.
(Ord. 17-033, § 38, 2017; Ord. 16-018, § 30, 2016; Ord. 11-072, § 3 (part), 2012)
43.35.015 APPEALS.
(A) Appeals from decisions of the platting board may be made under the provisions of MSB 15.39.
(Ord. 11-072, § 3 (part), 2012)