[Amended 10-5-2009; 2-7-2022 by Ord. No. 2021-008]
A. The applicant, any Town of Milton property owner(s) or resident(s), or any property owner(s) individually noticed under this Article
VI may appeal the decision of the Planning and Zoning Commission made under this Article
VI. The appeal as detailed below shall be made to the Mayor and Town Council, with a copy sent to the Town Manager or designee, and shall be filed within 60 days from the Planning and Zoning Commission's decision. The fee to file an appeal shall be established in the currently effective Town of Milton Fee Schedule. In addition, unless the appellant is the prevailing party in the appeal, the appellant shall be responsible for reimbursing the Town for expenses incurred by the Town related to the appeal for engineering fees, attorney fees, transcription fees, and any other professional fees incurred by the Town as a result of said appeal; however, the reimbursement responsibility shall not exceed the amount of the escrow established in the currently effective Town of Milton Fee Schedule. An appellant may file with the appeal a request to proceed in forma pauperis based on financial circumstances on a form prescribed by the Town; if the Mayor and Town Council grant such request to proceed in filing in forma pauperis, the filing fee will be waived for the appellant, who shall also be relieved of any responsibility for reimbursing the Town for its expenses.
(1) All
appeals hereunder must be taken up within a reasonable time and conducted
as provided in the rules adopted by the Mayor and Town Council.
(2) The
appeal shall be in writing and shall specify the grounds for the appeal,
which must comport with the rules adopted by the Mayor and Town Council.
The appellant should review applicable sections of said rules. The
appeal shall identify the elements of the Planning and Zoning Commission's
process or decision and material in the record relating to the specified
grounds for the appeal.
(3) The
Project Coordinator shall forthwith transmit to the Mayor and Town
Council the documents constituting the record upon which the appeal
is filed.
(4) The
appeal shall stay all proceedings in furtherance of the action appealed
from, unless the Mayor and Town Council certify that, by reason of
the facts stated in the appeal, a stay would, in the opinion of the
Mayor and Town Council, cause imminent peril to life or property.
In such case, proceedings shall not be stayed.
(5) The
Town Manager or designee shall fix a reasonable time for hearing the
appeal, give notice to the appellant, appellee, and applicant. At
the hearing, each party may appear in person, by agent or attorney,
or any combination thereof.
(6) The Mayor and Town Council shall review the record of the matter before the Planning and Zoning Commission, shall consider the arguments presented on appeal, and shall make a determination as to whether the decision was a result of an orderly and logical review of the evidence and involved a proper interpretation and application of Article
VI of Chapter
220. The appellant(s) shall bear the burden of persuasion. The Mayor and Town Council, in conformity with the provisions of the rules, shall take action on the appeal.
B. The applicant, any Town of Milton property owner(s) or resident(s), or any property owner(s) individually noticed under this Article
VI may appeal the decision of the Project Coordinator of the Town of Milton made under this Article
VI. The appeal as detailed below shall be made to the Planning and Zoning Commission, with a copy sent to the Town Manager or designee, and shall be filed within 60 days from the Project Coordinator's decision. The fee to file an appeal shall be established in the currently effective Town of Milton Fee Schedule. In addition, unless the appellant is the prevailing party in the appeal, the appellant shall be responsible for reimbursing the Town for expenses incurred by the Town related to the appeal for engineering fees, attorney fees, transcription fees, and any other professional fees incurred by the Town as a result of said appeal; however, the reimbursement responsibility shall not exceed the amount of the escrow established in the currently effective Town of Milton Fee Schedule. An appellant may file with the appeal a request to proceed in forma pauperis based on financial circumstances on a form prescribed by the Town; if the Planning and Zoning Commission grants such request to proceed in filing in forma pauperis, the filing fee will be waived for the appellant, who shall also be relieved of any responsibility for reimbursing the Town for its expenses.
(1) All
appeals hereunder must be taken up within a reasonable time and conducted
as provided in the rules adopted by the Planning and Zoning Commission.
(2) The
appeal shall be in writing and shall specify the grounds for the appeal,
which must comport with the rules adopted by the Planning and Zoning
Commission. The appellant should review applicable sections of said
rules. The appeal shall identify the elements of the Project Coordinator's
process or decision and material in the record relating to the specified
grounds for the appeal.
(3) The
Code Enforcement Officer shall forthwith transmit to the Planning
and Zoning Commission the documents constituting the record upon which
the appeal is filed.
(4) The
appeal shall stay all proceedings in furtherance of the action appealed
from, unless the Planning and Zoning Commission certifies that by
reason of the facts stated in the appeal statement a stay would, in
the opinion of the Planning and Zoning Commission, cause imminent
peril to life or property. In such case, proceedings shall not be
stayed.
(5) The
Town Manager or designee shall fix a reasonable time for hearing the
appeal, give notice to the appellant, appellee, and applicant. At
the hearing, each party may appear in person, by agent or attorney,
or any combination thereof.
(6) The Planning and Zoning Commission shall review the record of the matter before the Project Coordinator, shall consider the arguments presented on appeal, and shall make a determination as to whether the decision was a result of an orderly and logical review of the evidence and involved a proper interpretation and application of Article
VI of Chapter
220. The appellant(s) shall bear the burden of persuasion. The Planning and Zoning Commission, in conformity with the provisions of the rules, shall take action on the appeal.
[Amended 10-5-2009; 9-9-2013 by Ord. No. 2013-04]
The Town Council shall require the payment of
fees to the Town of Milton by applicants whose proposals require special
use permits or site plan review as described by this article. Fees
for special permits, site plan review or administrative review in
accordance with this article shall be established by resolution of
the Mayor and Town Council and published in the currently effective
Town of Milton Fee Schedule. The applicant will be responsible for
engineering fees, legal fees and other fees for professional services
required by the Town of Milton, provided that such fees were incurred
only after the applicant’s prior approval.