§ 14.5. Modifications, waivers, appeals and judicial review.

14.5.1 Administrative remedies.

1)

There is hereby established the Paulding County Development Waiver Review Committee, which shall be comprised of six members: the community development director, the director of transportation, the county engineer, the director of the water and sewer system, the government services director, and the county administrator. This committee shall have certain duties and powers concerning requests for appeals, modifications and waivers of the requirements of these regulations, as further identified in the remaining paragraphs of this section 14.5.1.

2)

Modification of design standards:

(a)

Modifications of the design standards set forth in these regulations may be authorized by the development waiver review committee in specific cases when, in its opinion, undue hardship may result from strict compliance; provided any such determination shall be based fundamentally on the fact that unusual topographical or other exceptional conditions require such modification, or that the granting of the modification will not adversely affect the general public welfare or nullify the intent of these regulations.

(b)

Application for any modifications shall be filed in writing on a form provided by the community development department with necessary supporting documents and shall explain, in detail, the reasons and facts supporting the application including the associated hardship. The requirements for submission of an application for a design standard modification shall be established by the community development department. All applications for modifications shall be reviewed for accuracy and completeness by the community development director. The community development director may require the applicant provide additional documentation regarding the requested modification and/or hardship request at his discretion.

(c)

Should the community development director determine that an application is acceptable, it shall be the responsibility of the community development director to determine the consensus opinion of the other members of the development waiver review committee on the applicant's request for design standard modification, and he shall, in writing, either grant or deny the modification.

(d)

Should the applicant desire a hearing before the full development waiver review committee, he may request one by submitting an application. A hearing will be acted upon as an appeal pursuant to subsection 3 herein.

3)

Appeals:

(a)

Appeals of the interpretation of these regulations shall be submitted in writing on a form provided by the community development department to the community development director. All appeals shall be reviewed for accuracy and completeness by the community development director.

(b)

The community development director may require the applicant provide additional documentation regarding the requested modification and/or appeal at his discretion. The community development director shall review the appeal request in a timely manner and obtain comments from all affected departments.

(c)

At a minimum, as part of the application, the applicant shall provide the community development director with the following:

1.

Completed application on form provided by community development department. Application must have notarized signatures of applicants, titleholders and representatives. The deadline for applications shall be set by the community development department.

2.

Eight copies of the boundary survey prepared by a registered surveyor, drawn to scale showing the north arrow, land lot and district, dimensions, acreage and location of the tract. The preparer's seal shall be affixed to the plat and all structures on the property shall be located, scaled and noted.

3.

Eight copies of a site plan, drawn to scale (prepared, signed and sealed by a professional engineer and/or registered land surveyor) depicting the requested modification or variance.

4.

A current legal description of the subject property.

5.

A copy of the warranty deed that reflects the current owners of the property being applied for.

6.

Names, mailing address and Tax Parcel ID numbers of all adjoining property owners, in list form, including the owners across the road and to the rear, or any persons located along a joint access easement. It is the sole responsibility of the applicant to provide correct current information, and the applicant acknowledges that the data provided by the tax assessor's office may not be current. Failure to provide correct information may result in the application being declared void.

7.

Documentation from the tax commissioner that the tax levied against the property has been paid in full.

8.

Notarized campaign contribution forms, if applicable.

9.

The application fee as set forth in the appropriate fee schedule. Said fee is non-refundable.

10.

An explanation of any hardship or basis for modification or waiver that applies to the application for appeal.

11.

Additional information as is required by the specific sections of these development regulations for waivers or appeals, and

12.

Such other additional information as may be requested by the community development director or the development waiver review committee.

(d)

The community development department will provide written notice to all adjoining property owners of the appeal request and the date and time of the scheduled meeting to consider the application, based upon the list provided by the applicant. Failure by the applicant to provide correct information in its list, resulting in notice not being sent to all affected property owners, may result in the application being declared void.

(e)

The appeal thereupon shall be forwarded to the development waiver review committee for final action at a called meeting of that committee. The community development department will advertise the hearing on the waiver request before the development waiver review committee in the local legal organ for a period of 15 days prior to the date of the hearing at the committee's meeting.

(f)

The amount of time from submittal of the written appeal to a decision by the committee shall not exceed 60 days, unless the application is tabled as part of the meeting of the committee.

(g)

The development waiver review committee may table an application no more than two times to seek additional information from the applicant or other parties.

4)

General waiver requests:

(a)

Waiver requests of the requirements of these regulations shall be submitted in writing on a form provided by the community development department to the community development department director. All waiver requests shall be reviewed for accuracy and completeness by the community development director.

(b)

The community development director may require the applicant provide additional documentation regarding the requested waiver at his discretion. The community development director shall review the waiver request in a timely manner and obtain comments from all affected departments.

(c)

At a minimum, as part of the waiver request application, the applicant shall provide the community development director with the following:

1.

Completed application on form provided by community development department. Application must have notarized signatures of applicants, titleholders and representatives. The deadline for applications shall be set by the community development department.

2.

Eight copies of the boundary survey prepared by a registered surveyor, drawn to scale showing the north arrow, land lot and district, dimensions, acreage and location of the tract. The preparer's seal shall be affixed to the plat and all structures on the property shall be located and noted.

3.

Eight copies of a site plan, drawn to scale (prepared, signed and sealed by a professional engineer and/or registered land surveyor) depicting the requested modification or variance.

4.

A current legal description of the subject property.

5.

A copy of the warranty deed that reflects the current owners of the adjoining property.

6.

Names, mailing address and Tax Parcel ID numbers of all adjoining property owners, in list form, including the owners across the road and to the rear or any persons located along a joint access easement. It is the sole responsibility of the applicant to provide correct current information, and the applicant acknowledges that the data provided by the tax assessor's office may not be current. Failure to provide correct information may result in the application being declared void.

7.

Documentation from the tax commissioner that the tax levied against the property has been paid in full.

8.

In the event the waiver request concerns section 1.7.3 (private easement subdivisions), the additional requirements of that subsection shall also apply.

9.

Notarized campaign contribution forms, if applicable.

10.

The application fee as set forth in the appropriate fee schedule. Said fee is non-refundable.

11.

An explanation of any hardship or basis that applies to the application for the waiver.

12.

Additional information as is required by the specific sections of these development regulations for waivers or appeals.

13.

Such other additional information as may be requested by the community development director or the development waiver review committee.

(d)

The community development department will provide written notice of the waiver request and the date and time of the scheduled meeting to consider the application, to all adjoining property owners based upon the list provided by the applicant. Failure by the applicant to provide correct information in its list, resulting in notice not being sent to all adjoining property owners, may result in the application being declared void.

(e)

The waiver request thereupon shall be forwarded to the development waiver review committee for final action at a called meeting of that committee. The community development department will advertise the hearing on the waiver request before the development waiver review committee in the local legal organ for a period of 15 days prior to the date of the proposed hearing on the waiver request at the committee's meeting.

(f)

The amount of time from submittal of the written appeal to a decision by the committee shall not exceed 60 days, unless the application is tabled as part of the meeting of the committee.

(g)

The development waiver review committee may table an application no more than two times to seek additional information from the applicant or other parties.

5)

Suspension, revocation or conditional permit:

(a)

The suspension, revocation or condition of a permit by the various departments upon finding that the holder is not in compliance with the approved plan; or that the holder is in violation of permit conditions; or that the holder is in violation of any ordinance; shall entitle the person submitting the plan or holding the permit to a hearing before the development waiver review committee within 15 days after receipt by the community development director of written notice of appeal.

(b)

The request for an appeal from a suspension, revocation or condition of a permit shall be submitted in written form provided by the community development department. The community development director is authorized to establish a policy setting forth those items required for the submission of an appeal of a suspension, revocation or condition of a permit. All such requests shall be reviewed for accuracy and completeness by the community development director.

(c)

The community development director may require the applicant provide additional documentation regarding the suspension, revocation or condition of a permit at his discretion. The community development director shall review the request in a timely manner and obtain comments from all affected departments.

6)

Hearings on applications before the development waiver review committee:

(a)

The director of community development shall act as the chairman of the development waiver review committee and a designated staff person of the community development department shall be present at each meeting to take minutes of the meeting and draft minutes for approval by the committee. In order for a meeting to be conducted, a quorum of the members must be present, the same being three of the five members on the committee.

(b)

For each such application for a modification, appeal or waiver, the community development director shall introduce the application.

(c)

The applicant shall have a maximum of 15 minutes to present its application to the committee.

(d)

The committee chairman shall then call for and allow any persons wishing to speak on behalf of the application. All persons wishing to speak on behalf of the application shall have a maximum presentation time of 15 minutes in totem. Persons wishing to speak on behalf of an application are encouraged to elect a spokesman, if applicable, and refrain from repeating materials previously presented by the applicant.

(e)

The committee chairman shall next call for and allow any persons wishing to speak in opposition to or present public comment on the application. All persons wishing to speak in opposition to or present public comment on the application shall have a maximum presentation time of 15 minutes in totem. Persons wishing to speak in opposition to or present public comment on an application are encouraged to elect a spokesman, if applicable, and refrain from repeating materials previously presented.

(f)

The committee members shall be allowed to ask any questions of the applicant or persons presenting materials on behalf or in opposition to the application it deems necessary in order to ascertain information on the application.

(g)

Upon the close of the hearing, the chair shall call for a motion on the application. The motion shall carry if it is approved by a majority of the members of the committee (the same being three of the five designated members).

7)

Appeal from decision of the development waiver review committee:

(a)

If the permit holder desires to appeal any decision of the development waiver review committee, he shall make that appeal in writing on a form provided by the community development department within 30 days of the rendering of the committee's decision. The community development director is authorized to establish a policy setting forth those items required for the submission of an appeal. The appeal thereupon shall be forwarded to the Paulding County Board of Commissioners for action in their normal course of business at a regularly scheduled meeting.

(b)

The appeal shall include a brief statement to the board of commissioners regarding why the appellant considers the decision of the development waiver review committee to be incorrect.

(c)

The community development department shall forward all items submitted with the original application to the board of commissioners for their consideration.

(Res. No. 13-10, § 3, 6-25-2013)

14.5.2 Judicial review. Any person, aggrieved by a decision or order of the Paulding County Board of Commissioners regarding the development regulations after exhausting his administrative remedies, shall have the right to appeal the decision to a court of competent jurisdiction within 30 days of the date the decision by the board of commissioners was rendered.

(Res. No. 10-18, § 3, 8-10-2010)