§ 122-10. Appeal of preliminary or negative determinations of concurrency.

(a)

An aggrieved person may appeal a preliminary or negative determination of concurrency to the concurrency appeal committee by filing a notice of appeal with the committee within ten days of the determination of concurrency.

(b)

A notice of appeal shall be accompanied by:

(1)

A detailed statement of the grounds for appeal, demonstrating how the determination appealed from is not supported by substantial competent evidence or departs from the essential requirements of law; and

(2)

Any supporting documentation.

Notices not accompanied by the above shall not be processed for review. Notices that do not include a statement showing a prima facie basis for relief, or are clearly advanced for frivolous purposes, may be dismissed by the concurrency appeals committee before the public meeting, which dismissal decision is subject to appeal as provided below.

(c)

The appeal shall be considered and decided within 45 days of the filing of a notice of appeal. The appeal shall be on the record considered by the concurrency management division; however, the applicant or other aggrieved person may submit additional evidence not previously considered by the concurrency management division.

(d)

The concurrency appeal committee shall publish notice of its meeting at least seven days prior to the public meeting on the appeal in a local newspaper of general circulation.

(e)

Upon conclusion of the public meeting, the concurrency appeal committee shall grant the appeal, grant the appeal subject to conditions or deny the appeal. The committee shall grant the appeal if the concurrency appeal committee determines that the determination by concurrency management division is not supported by competent substantial evidence or departs from the essential requirements of law. If the appeal is granted, the concurrency appeal committee shall direct the concurrency management division to make a determination of concurrency and issue a preliminary concurrency determination consistent with the concurrency appeal committee's determination.

(f)

The decision of the concurrency appeal committee may be appealed by the applicant or other aggrieved person to the circuit court appellate division by petition for writ of certiorari.

(Ord. No. 2000-3242, § 2, 5-10-00)