A.
Property owners may request to appeal decisions of
the Commission under the following procedure:
(1)
The property owner must submit a request in writing
to the Commission inclusive of the reasons and third-party evidence
upon which the appeal will be based. Examples of third-party evidence
are photographs, surveys, authoritative documents, expert reports
or other evidence in support of the request.
(2)
The Commission shall have not more than 30 days from
the date of receipt of the written documents to review the information
and may respond with a reasonable request for additional information;
acceptance of the property owner's request; or rejection of the property
owner's request with reasons stated. If additional information is
subsequently submitted, then the commission shall have an additional
30 days from the date of submission of the additional information
to either accept or reject, with reasons stated, the property owner's
request.
(3)
In the event that the above conditions are met, and
the Commission has continued to reject the property owner's request,
then the property owner may present the same request and the same
information to the Borough Administrator. The Borough Administrator
shall not have more than 30 days from the date of receipt of the written
documents to review the information and may respond with a reasonable
request for additional information. If all of the additional information
requested is subsequently submitted, then the Borough Administrator
shall have an additional 30 days to present the request to the Mayor
and Council who will decide to either accept or reject the property
owner's request with reasons.
(4)
In the event that the above conditions are met, and
the Mayor and Council have rejected the property owner's request,
then and only then will all administrative remedies be considered
exhausted, and the property owner may pursue other legal options.
B.
The cost of obtaining and submitting any reasonably
requested information shall be at the expense of the property owner
regardless of the outcome of the appeal.
