Orange County NC Website
Browse       Search
Article 2: Procedures <br /> Section 2.26:Appeals <br /> 2 25 52.26.5 Board of County Commissioners Decisions <br /> (A) Quasi-Judicial Decisions <br /> (1) Quasi-judicial decisions made by the Board of County Commissioners pursuant <br /> to the Ordinance shall be subject to review at the request of any aggrieved party <br /> by the Superior Court by proceedings in the nature of certiorari. <br /> (2) The appeal to the Superior Court must be filed within 30 days of the filing of the <br /> decision of the Board of County Commissioners by the Planning Director or the <br /> delivery of the notice of the decision to the applicant, whichever is later. <br /> (B) Legislative Decisions <br /> (1) Legislative decisions made by the Board of County Commissioners pursuant to <br /> the Ordinance shall be subject to review at the request of any aggrieved party by <br /> the Superior Court. <br /> (2) The appeal to the Superior Court must be filed from the date of adoption of said <br /> Ordinance within the prescribed period below: <br /> (a) 60 days in cases involving the appeal of an Ordinance amending the <br /> Zoning Atlas, <br /> (b) 1 year(365 days) in cases involving the appeal of an Ordinance <br /> amendment the UDO, <br /> (c) 3 years (1,035 days) in cases involving an appeal based on an alleged <br /> defect in the adoption process of an Ordinance amending the LIDO. <br /> 2 25 R2.26.6 Water Supply Watershed Critical Area Boundary Line <br /> Appeal applications disputing the Planning Director's decision regarding the location of a Water <br /> Supply Watershed Critical Area boundary line shall be accompanied by: <br /> (A) A survey prepared by a North Carolina registered land surveyor or professional engineer <br /> depicting the differences between: <br /> (1) The locational criteria in Section 4.2, <br /> (2) The official Watershed map on file in the Planning Department, and <br /> (3) The boundary line the applicant asserts is correct. <br /> (B) A detailed explanation describing the differences in the three boundary lines contained in <br /> (A) above. <br /> 2.25.72.26.7 Special Flood Hazard Overlay District <br /> (A) Any property owner who has received an order to take corrective action in accordance <br /> with Section 9.7 may appeal the order to the local elected governing body by giving <br /> notice of appeal in writing to the Floodplain Administrator and the clerk within ten <br /> business days following issuance of the final order. <br /> (B) The local governing body shall hear an appeal within a reasonable time and may affirm, <br /> modify and affirm, or revoke the order. <br /> 2 25 R2.26.8 Soil Erosion and Sedimentation Control <br /> (A) Appeal of Erosion Control Plan <br /> Except as provided in subsection (D) below, the appeal of a disapproval, approval with <br /> modifications, or approval with conditions of an Erosion Control Plan shall be governed <br /> by the following provisions: <br /> Orange County,North Carolina—Unified Development Ordinance Page 2-70 <br />