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Article 2: Procedures <br />Section 2.25:Appeals <br />(1)The disapproval of, modification of, or conditions of approval attached to any <br />proposed Erosion Control Planby the Erosion Control Officershall entitle the <br />person submitting the plan to an appeal of the decision to the Orange County <br />Planning Director. <br />(2)If the Planning Directorupholds the decision, the person shall be entitled to a <br />public hearing if such person submits written demand for a hearing within 15 <br />days after receipt of written notice of disapproval, modification, or conditions of <br />approval. <br />(B)Hearings <br />(1)Orange County <br />(a)This sub-subsection pertains to appeals for land-disturbing activities <br />occurring outside the corporate limits of the Towns of Chapel Hill, <br />Carrboro, and Hillsborough, and the City of Mebane. <br />(b)Hearings held pursuant to this sub-subsection shall be conducted by the <br />Orange County Planning Boardwithin 30 days after receipt of written <br />demand, as provided for in (A)(2) above. <br />(c)The Orange County Planning Boardshall make recommendations to the <br />Board of County Commissioners within 30 days after the date of the <br />hearing on such Erosion Control Plan. <br />(d)The Board of County Commissioners will render its final decision on any <br />Erosion Control Planappeal within 30 days of receipt of the Planning <br />Boardrecommendation. <br />(2)Other than Orange County <br />(a)This sub-subsection pertains to appeals for land-disturbing activities <br />occurring within the corporate limits of the Towns of Chapel Hill, <br />Carrboro, and Hillsborough, and the City of Mebane. <br />(b)Hearings held pursuant to this sub-subsection shall be conducted by a <br />designated agency of the appropriate town or city board within 30 days <br />after receipt of written demand, as provided for in (A)(2) above. <br />(c)The said designated agency shall make recommendations to the <br />appropriate town or city board within 30 days after the date of the <br />hearing on such Erosion Control Plan. <br />(d)The said appropriate town or city board will render its final decision on <br />any Erosion Control Planappeal within 30 days of the receipt of the <br />recommendations from the said designated agency conducting the <br />hearing. <br />(C)Appeal from Local Government’s Decision <br />If the local governing body upholds the disapproval, modification, or conditions of <br />approval of a proposed Erosion Control Planfollowing the public hearing, the applicant <br />shall be entitled to appeal the local government's action to the North Carolina <br />Sedimentation Control Commission as provided in Section 113A-61(c) of the General <br />Statutes and Title 15ANCAC 4B.0018(b)4B.0118. <br />(D)Appeal of Erosion Control Planif Disapproval Based on Applicant’s Past <br />Performance <br />The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of <br />this Ordinance directly to the North Carolina Sedimentation Control Commission. <br />(E)Appeal of Land-Disturbing Stop Work Order <br />Orange County, North Carolina –Unified Development Ordinance <br />Page 2-70 <br /> <br />