Orange County NC Website
5 <br />2.2.14.6 Action Subsequent to the Date of Public Hearing <br />Following'the date of the public hearing, all proposed amendments shall <br />be referred to the Planning Board for its consideration and <br />recommendation. Evidence not presented at the joint public hearing <br />(hereinafter called "new evidence ") may be submitted in writing at or prior <br />to the first Planning Board meeting at which the application is reviewed. <br />The Planning Board may consider oral evidence only if it is for the purpose <br />of presenting information also submitted in writing. <br />The Planning Board shall, after the date of the public hearing, prepare and <br />submit for the Board of County Commissioners a recommendation <br />concerning the disposition of any application. The Board of County <br />Commissioners may direct the Planning Board to provide a <br />recommendation by a date certain. If the Board of County Commissioners <br />does not so direct, the Planning Board shall make its recommendation <br />within three regularly scheduled Planning Board meetings. If the Planning <br />Board fails to make a recommendation as directed by the Board of County <br />Commissioners or within three regularly scheduled Planning Board <br />meetings, whichever is applicable, the application shall be forwarded to <br />the Board of County Commissioners without a Planning Board <br />recommendation. <br />The Board of County Commissioners shall not consider enactment of the <br />proposed amendment until the Planning Board either makes its <br />recommendation or takes no action on the application as prescribed in this <br />section. In making its decision, the Board of Commissioners shall <br />consider all relevant evidence presented at the joint public hearing and <br />any new evidence which was considered by the Planning Board in making <br />its recommendation. <br />2.2.14.7 Withdrawal of Application <br />An applicant may withdraw his or her application at any time by written <br />notice to the County Manager. However, any withdrawal of an application <br />after the publication of the first notice as required in Section 2.2.14.5 of <br />this ordinance shall be considered a denial of the petition. <br />2.2.14.8 Effect of Denial <br />When the Board of County Commissioners denies an application or an <br />application is withdrawn after the first notice of the public hearing and <br />thereby denied, the Planning Director shall not accept another application <br />for the same or similar amendment, affecting the same property or a <br />portion thereof, until the expiration of a one year period, extending from <br />the date of denial or withdrawal, as appropriate. <br />5 <br />