§ 2.4. Plat or plan submission appeal.

(A)

The property owner may appeal staff's approval or disapproval of a plat or plan to the planning commission.

(B)

The appeal process outlines the following procedures:

1.

The party of interest shall submit in writing a request to appeal staff's decision with an explanation of fact why the party disagrees with staff's decision. The planning commission must act on the appeal within 60 days of receipt of the written request. The planning commission must render its decision in writing. If the applicant does not agree with the decision, he or she must file:

a.

a notice of appeal in the circuit court within 30 days after receiving the written notification of the planning commission's decision. Circuit court filings are made in the county office of the clerk of court; or,

b.

A notice of appeal with the circuit court accompanied by a request for pre-litigation mediation in accordance with S.C. Code 1976, § 6-29-1155 within 30 days after the planning commission's decision.

2.

Any filing of an appeal from a particular planning commission decision pursuant to S.C. Code 1976, § 8-21-310(11)(a) must be given a single docket number, and the appellant must be assessed only one filing fee.

3.

When an appeal includes no issues triable of right by jury or when the parties consent, the appeal must be placed on the nonjury docket. A judge, upon request by any party, may in his or her discretion give the appeal precedence over other civil cases. Nothing in this subsection prohibits a property owner from subsequently electing to assert a pre-existing right to trial by jury of any issue beyond the subject matter jurisdiction of the planning commission, such as, but not limited to, a determination of the amount of damages due for an unconstitutional taking. (S.C. Code 1976, § 6-29-1150)

(Ord. No. 15-15, § 4, 6-1-15)