12-9 APPEAL.

These provisions on appeals do not apply to appeals from actions or decisions of the Building or Planning Departments not involving this chapter.

Any person required to dedicate land or make improvements under this chapter may appeal any determination made by the City Engineer hereunder to the Planning Commission. His written appeal shall clearly and concisely state the grounds therefor. The Planning Commission shall render its decision within forty-five (45) calendar days after an appeal is properly filed with it.

a. The applicant or an affected Town official may appeal the Commission’s decision to the Town Council. This written appeal shall clearly and concisely state the grounds therefor, and shall be filed with the Commission within ten (10) calendar days after the Commission’s action which is appealed from.

b. Within twenty (20) calendar days after filing, the Commission shall transmit the appeal, and its reports and recommendation thereon, to the Council. The Council shall render its decision within ninety (90) calendar days after the

Commission’s transmittal.

The Commission and the Council may make such modifications in the requirements of this chapter or may grant such waivers or modifications of the determinations which are appealed to them, as they determine are required to prevent unreasonable hardship under the facts of each case, but each such modification or waiver shall conform with the general spirit and intent of the requirements of this chapter.