In this chapter, the following words have the meanings indicated:
ADMINISTRATIVE APPEAL
A proceeding upon an Application, alleging error by an administrative
official, board, department, or commission, including the Planning
Commission, in a final order, requirement, decision, or determination
under this Code for which review by the Board is expressly authorized
by law.
APPLICATION
A claim or claims for relief by an Applicant, including special
exceptions, variances, administrative appeals, or reasonable accommodations
for the benefit of a disabled citizen.
APPROVAL
Any relief the Board may grant upon an Application, including
a special exception, variance, or reasonable accommodation, and any
relief granted upon an Application for administrative appeal, including
any license, permit, authorization, exemption, waiver, certificate,
registration, or other form of permission issued by the County as
a result of the administrative appeal.
BOARD
The Talbot County Board of Appeals.
CLAIM FOR RELIEF
All rights of the Applicant to any approval from the Board
with respect to all or any part of the transaction, or series of connected
transactions, out of which the claim arose.
CODE
The Talbot County Code.
COUNCIL
The County Council of Talbot County.
The Board of Appeals shall consist of five members and three
alternates appointed by the Council for three-year terms. The Board
shall elect a Chairperson and Vice Chairperson annually at the first
meeting of each calendar year. An alternate member shall act in the
place of an absent or disabled Board member. Members of the Board
may receive such compensation as deemed appropriate by the Council
and may be removed by the Council for malfeasance in office upon written
charges and after public hearing.
Applications shall be filed on a form approved by the Board and accompanied by the filing fee as established by the Council. An Application that does not contain an appropriate Application form, filing fee, and accompanying material required by §§
20-6 and
20-7 shall not be accepted for filing and shall be returned with the required, but missing or incomplete, material identified.
Upon filing an Application for administrative appeal, the Applicant
shall serve a copy on the County department head, or chairman of any
County commission or agency responsible for interpretation, administration,
and enforcement of the ordinance, rule, or regulation involved in
the Application as well as any opposing parties and/or their attorney
or agent(s).
A majority of the members of the Board of Appeals shall be required
to visit the site before a public hearing. However, a decision of
an appeal shall be decided upon the basis of the evidence of record.
On all Applications, the Board shall hold at least one public
hearing at which any person may appear in person or through an agent
or attorney. Public hearings shall be conducted in accordance with
the Board's rules of procedure and the requirements of this chapter.
The order of presentation of evidence shall be as follows, with
cross examination following all witnesses' direct testimony and
examination by the Board at any time:
A. Presentation of the official record of exhibits by the Board, notation
of any objections to any part of the record, and other preliminary
matters;
B. Presentation of testimony and exhibits by the Applicant;
C. Presentation of testimony and exhibits by County officials and staff;
D. Presentation of testimony and exhibits by other persons opposed to
the Application;
E. Rebuttal evidence by the Applicant;
F. Surrebuttal by parties opposing the Application;
G. Formal receipt into evidence of the record by the Board; and
H. Closing statements by each side.
The Board shall maintain a complete record of its proceedings,
including all exhibits offered and accepted, minutes, decisions, and
transcripts or voice recordings of all testimony.
The Applicant shall have the burden of proof, which shall include
the burden of going forward with the evidence and the burden of persuasion,
by a preponderance of the evidence, on all issues of fact.
Decisions of the Board shall comply with the following requirements:
A. Standard of review. All decisions of the Board shall be based solely
upon the evidence of record. The Board shall determine whether a decision
on appeal is in conformance with law and supported by substantial
evidence.
B. Form and time. Decisions of the Board shall be in writing, shall
contain findings and conclusions, and shall be rendered within 30
days from the date of the public hearing unless such time is extended
by the Board.
C. Vote. Three votes shall be required to grant an Application. A denial
of relief by fewer than three votes shall entitle the Applicant to
a rehearing at the Applicant's expense before the full Board.
If fewer than five members of the Board convene to conduct a hearing,
the Board shall open the hearing and advise the Applicant on the record
of the following:
(1) A majority vote of the full Board, three votes, is required to grant
an Application.
(2) The Applicant is entitled, upon request, to postponement of the hearing
for lack of a full Board.
(3) The Applicant is also entitled to proceed with the hearing, but in
making that election the Applicant waives the right to a rehearing
before the full Board if the Application is denied.
D. Complete relief. A decision on an Application for Administrative
Appeal involving the same parties or their privies is a final bar
to any subsequent Claim for Relief upon the same Application. Such
a decision is conclusive as to all Claims for Relief that were decided
in the original application and any other Claim for Relief that could
have been asserted.
E. Standard conditions. All approved Applications shall contain standard
conditions that:
(1) The Applicant and his successors are bound by the testimony and exhibits
presented in support of the Application and by the representations
of the Applicant's agents and attorneys to the extent they are
set forth or incorporated by reference in the Board's decision;
and
(2) The Applicant and his successors consent to entry by the County and
its agents at reasonable times, upon reasonable advance notice, to
determine initial and ongoing compliance with the terms, conditions,
restrictions, and limitations of the Board's Approval.
F. Additional conditions.
(1) The Board may prescribe additional conditions, restrictions, and
limitations upon any Approval. All Approvals shall be implemented
in accordance with, and subject to, such conditions, restrictions,
and limitations. Violation of any such condition, restriction, or
limitation shall be grounds for revocation of the Approval.
(2) Approvals by the Board shall not preclude any County department,
commission or agency, when appropriate, to add specific conditions
or requirements not inconsistent with the Board's decision that
are:
(a)
Required to comply with any federal, state, or County law, ordinance,
or regulation; or
(b)
Authorized by law to protect public or private property, or
public health, safety, or welfare.
G. Mailing. A copy of the Board's decision shall be mailed or electronically
forwarded promptly to all persons who participated in the hearing.
H. Reconsideration. The Board may reconsider its decisions upon its
own motion or upon request of any party, provided such request is
received not more than 10 days from the date of the hearing at which
the Board reached and announced its decision, or within 10 days after
discovering new evidence that was not previously available and that
could not have been discovered in the exercise of reasonable diligence
prior to the hearing. The Board may promulgate additional rules with
respect to reconsideration and rehearing.
I. Inadequate information. Whenever the Board determines that the information
provided in connection with any Application is inadequate to permit
the Board to make a decision, the Board may request additional information
or alternatively may decline to approve the Application.
After public hearing, the Board may revoke a special exception
or variance upon a finding that cessation of the use or variance,
or activities constituting or necessary to the special exception,
have ceased for a period of at least 12 months.
Any person who participated in the hearing and is aggrieved
by the decision may, within 30 days after the date on which the Board's
written decision has been signed by all Board members, appeal the
decision to the Circuit Court for Talbot County, and thereafter to
the appellate courts of this state in accordance with the provisions
of the Maryland Rules of Procedure.