(1) The land use applicant, a board or officer of the municipality, or an adversely
affected party may, within the applicable time period, appeal that decision to the
appeal authority by alleging that there is error in any order, requirement, decision,
or determination made by the land use authority in the administration or interpretation
of the land use ordinance.
(2)(a) A land use applicant who has appealed a decision of the land use authority
administering or interpreting the municipality's geologic hazard ordinance may request
the municipality to assemble a panel of qualified experts to serve as the appeal authority
for purposes of determining the technical aspects of the appeal.
(b) If a land use applicant makes a request under Subsection (2)(a), the municipality
shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise
agreed by the applicant and municipality:
(i) one expert designated by the municipality;
(ii) one expert designated by the land use applicant; and
(iii) one expert chosen jointly by the municipality's designated expert and the land
use applicant's designated expert.
(c) A member of the panel assembled by the municipality under Subsection (2)(b) may
not be associated with the application that is the subject of the appeal.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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