§ 11.2. Plat denial and appeal.

Should the director deny any such plat (minor or final), a written explanation shall be provided stating the basis for the denial. Within 30 days of the date of said written explanation, the owner of record and/or subdivider may file with the department a letter appealing the decision, which, together with a report from the director, shall be forwarded to the Fulton County Board of Zoning Appeals for consideration pursuant to Article XXII of the Fulton County Zoning Regulations.

11.2.1.

Should an applicant disagree with the review comments of the director concluding factual or interpretive errors have been made, the following appeal procedure is intended to resolve the issues.

A.

Submit to the director within 30 days of the comments at issue, a letter clearly defining the nature of the disagreement, the specific reference to the article of these regulations at issue, and the applicant's opinion.

B.

The director shall submit the request to the technical staff review committee. The technical staff review committee shall be selected by the director and formed from appropriate departments' staff relative to the subject appeal.

C.

The technical staff review committee shall provide comments and a written recommendation to the director within ten working days.

D.

Should the director, after review of the applicant's statement and the recommendation of the technical staff review committee, conclude that these regulations would not be violated, the director shall modify his/her comments accordingly.

E.

Should the director conclude that these regulations would be violated, the director shall provide the applicant with a written letter of denial and advise the applicant of the appeal process to the board of zoning appeals.

F.

The board of zoning appeals shall, after receiving a report from the director, decide the issue. The decision shall constitute the final administrative appeal.