Agenda - 09-09-2013 - C3 - Laserfiche WebLink

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Article 2: Procedures 16 Section 2.26: Appeals 2.25.52.26.5 Board of County Commissioners Decisions (A) Quasi - Judicial Decisions (1) Quasi - judicial decisions made by the Board of County Commissioners pursuant to the Ordinance shall be subject to review at the request of any aggrieved party by the Superior Court by proceedings in the nature of certiorari. (2) The appeal to the Superior Court must be filed within 30 days of the filing of the decision of the Board of County Commissioners by the Planning Director or the delivery of the notice of the decision to the applicant, whichever is later. (B) Legislative Decisions (1) Legislative decisions made by the Board of County Commissioners pursuant to the Ordinance shall be subject to review at the request of any aggrieved party by the Superior Court. (2) The appeal to the Superior Court must be filed from the date of adoption of said Ordinance within the prescribed period below: (a) 60 days in cases involving the appeal of an Ordinance amending the Zoning Atlas, (b) 1 year (365 days) in cases involving the appeal of an Ordinance amendment the UDO, (c) 3 years (1,035 days) in cases involving an appeal based on an alleged defect in the adoption process of an Ordinance amending the UDO. 2 25 G2.26.6 Water Supply Watershed Critical Area Boundary Line Appeal applications disputing the Planning Director's decision regarding the location of a Water Supply Watershed Critical Area boundary line shall be accompanied by: (A) A survey prepared by a North Carolina registered land surveyor or professional engineer depicting the differences between: (1) The locational criteria in Section 4.2, (2) The official Watershed map on file in the Planning Department, and (3) The boundary line the applicant asserts is correct. (B) A detailed explanation describing the differences in the three boundary lines contained in (A) above. 22572.26.7 Special Flood Hazard Overlay District (A) Any property owner who has received an order to take corrective action in accordance with Section 9.7 may appeal the order to the local elected governing body by giving notice of appeal in writing to the Floodplain Administrator and the clerk within ten business days following issuance of the final order. (B) The local governing body shall hear an appeal within a reasonable time and may affirm, modify and affirm, or revoke the order. 22522.26.8 Soil Erosion and Sedimentation Control (A) Appeal of Erosion Control Plan Except as provided in subsection (D) below, the appeal of a disapproval, approval with modifications, or approval with conditions of an Erosion Control Plan shall be governed by the following provisions: Orange County, North Carolina — Unified Development Ordinance Page 2 -70