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Article 2: Procedures 24 <br /> Section 2.26:Appeals <br /> '2.26.8 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 /> (1) The disapproval of, modification of, or conditions of approval attached to any <br /> by proposed Erosion Control Plan b the Erosion Control Officer shall entitle the <br /> County <br /> person submitting the plan to an appeal of the decision to the Orange y <br /> Planning Director. <br /> (2) If the Planning Director upholds 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 /> • <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 Board within 30 days after receipt of written <br /> demand, as provided for in (A)(2) above. <br /> (c) The Orange County Planning Board shall 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 Plan appeal within 30 days of receipt of the Planning <br /> Board recommendation. <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 Plan appeal 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 Plan following 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 15A NCAC 4B.0118. <br /> (D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Past <br /> Performance <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-71 <br />