§ 12.02.10. Administrative hearing.

Each administrative hearing shall conform to the following procedures, as supplemented by law, rule or decision.

(1)

Burden and nature of proof. The applicant for any development permit must prove by a preponderance of the evidence that the proposal satisfies the applicable requirements and standards of this Land Development Code.

(2)

Order of proceedings.

a.

The development review board shall determine whether:

1.

It has jurisdiction over the matter.

2.

Any member must abstain or is disqualified.

b.

The board may take official notice of known information related to the issue, including:

1.

State law; and

2.

Applicable ordinances, resolutions, rules and official policies of the town.

c.

Other public records and facts judicially noticeable by law.

d.

Matters officially noticed need not be established by evidence and are binding to the extent that they are relevant and material. Requests that official notice be taken shall be made on the record and an opportunity for rebuttal shall be given to opposing parties. The board may take notice without prompting or suggestion of matters listed in subsection (2)b of this section and shall state all matters officially noticed for the record.

e.

Board members may view the site of the proposed development with or without notification to the parties, but after the visit, shall place the time, manner and circumstances of the view in the record.

f.

Staff, the developer and interested persons may present information. The board may approve or deny a request from a person attending the hearing to ask a question. Unless the board specifies otherwise, if the request to ask a question is approved, the board will direct the question to the person submitting testimony.

g.

Before the hearing has concluded, the board shall restate the issues and comment upon the law and facts pertaining to the decision, and if opportunity for rebuttal is provided, may ask additional questions of any person who has testified or presented information.

(3)

Findings and order. Unless the board and the developer agree to an extension, the board shall, within 20 working days of the hearing, prepare an order including:

a.

A statement of the applicable criteria and standards against which the proposal was tested.

b.

Findings of facts which established compliance or noncompliance with the applicable criteria and standards of this Land Development Code.

c.

The reasons for a conclusion to approve, conditionally approve, or deny.

(4)

Record of proceedings.

a.

All proceedings shall be recorded stenographically or electronically and shall be transcribed, if required for review, or if ordered by the board.

b.

The board shall, where practicable, include in the hearing record each item of physical or documentary evidence presented and shall mark each item to show the identity of the person who presented it. Each exhibit received into evidence shall be retained in the hearing file until after the applicable appeal period has expired, when it may be returned to the person identified thereon, or otherwise disposed of in accordance with state law.

c.

The findings and order shall be included in the record.

(Ord. No. 91-6, § 3(12.02.10), 2-11-1992; Ord. No. 2009-03, § 9(12.02.10), 6-9-2009)