§ 34-38. Appeals and judicial review.  


Latest version.
  • (a)

    Any applicant under the provision of this article who is aggrieved by any action of Cumberland County or its agent in disapproving plans submitted pursuant to this article shall have the right to apply for and receive a review of such action by the Cumberland County Board of Supervisors provided an appeal is filed within 30 days from the date of the action. Any applicant who seeks an appeal hearing before the Cumberland County Board of Supervisors shall be heard at the next regularly scheduled Cumberland County Board of Supervisors public hearing provided that the Cumberland County Board of Supervisors and other involved parties have at least 30 days' prior notice. In reviewing the agent's actions, the Cumberland County Board of Supervisors shall consider evidence and opinions presented by the aggrieved applicant and agent. After considering the evidence and opinions, the Cumberland County Board of Supervisors may affirm, reverse or modify the action. The Cumberland County Board of Supervisors' decision shall be final, subject only to review by the Circuit Court of Cumberland County.

    (b)

    Final decisions of Cumberland County under this article shall be subject to review by the Cumberland County Circuit Court, provided an appeal is filed within 30 days from the date of any written decision adversely affecting the rights, duties, or privileges of the person engaging in or proposing to engage in land disturbing activities.

    (Ord. No. 09-02, 4-14-2009)

(Ord. No. 09-02, 4-14-2009)