A.
Fact-finding hearing. The Town Council shall examine all applications
for permits and shall seek the advice of the State Forester, the county
extension agent, or other individuals as it finds appropriate. Within sixty
(60) days, but not earlier than ten (10) days, following the filing
of the application, the Town Council shall conduct a fact-finding
hearing on such application after giving at least ten (10) days' notice
of such hearing to the applicant and to all owners and occupants of
property which adjoins or confronts the property on which the utility
line is to be constructed. If the Council finds that the application
or the plan does not conform to the requirements of this chapter or
that the actions proposed by the application would be inconsistent
with the purposes of this chapter, the Council shall reject such application
in writing, stating the reasons therefor. If the Council is satisfied
that the proposed work conforms to the purposes and requirements of
this chapter, it shall direct the Mayor to issue a permit therefor
as soon as practicable. The Mayor shall affix his signature to each
permit issued.
B.
Decision. The decision of the Town Council, by a majority vote of
those members present at the hearing on said appeal, shall be rendered
within thirty (30) days of the date of the hearing. The decision shall
be in writing and shall state the Council's findings of fact and conclusions
of law..
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[Ord. No. 2-89, eff. 4-24-1989; amended by Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 7, § 7-201, of the 1989 Code)]
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Any person who is aggrieved by a decision of the Town Council
with regard to an application for a permit filed under the provisions
of this chapter shall have the right to petition for judicial review
of the decision of the Town Council under the provisions of Title
7, Chapter 200, of the Maryland Rules of Procedure, as amended or
replaced. In any judicial proceeding under this section, the findings
of the Town Council as to the facts, if supported by evidence and
in the absence of fraud, shall be conclusive, and the jurisdiction
of said court shall be confined to questions of law.
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[Ord. No. 2-89, eff. 4-24-1989; amended by Ord. No. 8-93, eff. 10-25-1993; Res. No. 8-20, 12-7-2020, eff. 1-21-2021 (formerly Ch. 7, § 7-202, of the 1989 Code)]
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