A. A decision of the commission is final unless an appeal of the decision is made within 20 days after the decision by the commission to the board of adjustment.

B. An appeal is commenced by filing with the clerk a written notice of appeal, specifically stating the reasons for the appeal and the relief sought, and payment of the appropriate fee. Upon commencement of an appeal, the decision appealed from is stayed until the decision on appeal becomes final.

C. Upon timely commencement of an appeal, the clerk shall schedule the appeal hearing, mail notice of the appeal, request the community development department director to prepare the appeal record, and notify the commission of the appeal.

D. The clerk shall mail notice of the appeal to each person who was entitled to notice of the original commission proceeding. The notice shall include the appellant’s notice of appeal, describe the decision appealed from, state the date of the appeal hearing and time within which written argument supporting or opposing the appeal may be submitted, and contain the substance of subsections E and G of this section regarding the obtaining of a verbatim transcript and the availability of the appeal record.

E. The appeal record shall be completed within 10 working days of filing of an appeal. The appeal record shall include the draft minutes of the proceedings before the commission, the commission’s written decision, and any written documents considered by the commission.

Any party to an appeal from a commission decision may cause the appeal record to include a verbatim transcript of the proceedings before the commission by filing a request therefor, accompanied by a cash deposit in the amount of the estimated cost of preparing the transcript. Within 10 working days of notice of completion of the transcript the person requesting it shall pay the actual cost thereof, or the deposit shall be forfeited to the borough. A request by the borough for a transcript is not subject to the deposit or refund provisions of this subsection. The borough shall bear the cost of preparing the remainder of the record.

F. Following completion of the record, the clerk shall, by certified mail, serve a copy of the appeal record on the appellant, the applicant, and on any party who paid for the preparation of a verbatim transcript as part of the record. The clerk shall deliver a copy of the appeal record to the borough staff assigned responsibility for the appeal.

G. A copy of the appeal record shall be available for public inspection at the clerk’s office. Any person may obtain a copy of the record upon payment of the appropriate fee. [Ord. FY2018-19 §2, 2018; Ord. 90-44 §6, 1991. Formerly §17.100.050].