Orange County NC Website
Article 2: Procedures 25 <br /> Section 2.26:Appeals <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 /> (1) The person conducting the land-disturbing activity may appeal a stop work order <br /> to the Board of County Commissioners within a period of five days after the order <br /> is issued. <br /> (2) Notice of the appeal shall be given in writing to the Board of County <br /> Commissioners, with a copy to the Erosion Control Officer. <br /> (3) The Board of County Commissioners shall conduct a hearing at their next <br /> scheduled regular meeting at which the appellant and the Erosion Control Officer <br /> or Inspector shall be permitted to submit relevant evidence, and shall rule on the <br /> appeal as expeditiously as possible. <br /> (4) Pending the ruling by the Board of County Commissioners on an appeal, no <br /> further work shall take place in violation of a stop work order. <br /> 2.25.92.26.9 Stormwater Management Plan <br /> (A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan <br /> shall be made to the Orange County Planning Director. <br /> (B) If the Planning Director upholds the decision, the applicant shall be entitled to a public <br /> hearing if the applicant submits written demand for a hearing within 15 days after receipt <br /> of written notice of disapproval, modification, or conditions of approval. <br /> (C) The hearing shall be conducted by the Orange County Planning Board within 30 days <br /> after receipt of written demand for a hearing. <br /> (D) The Orange County Planning Board shall make recommendations to the Board of County <br /> Commissioners within 30 days after the date of the hearing. <br /> (E) The Board of County Commissioners shall render its final decision on any stormwater <br /> management plan upon which a hearing is requested within 30 days of receipt of the <br /> recommendations from the Planning Board. <br /> 2454E12.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Provisions <br /> (A) The person conducting the development activity may appeal a stop work order to the <br /> Board of County Commissioners within a period of five days after the order is issued. <br /> (B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with <br /> a copy to the Erosion Control Officer. <br /> (C) The Board of County Commissioners shall conduct a hearing at their next scheduled <br /> regular meeting at which the appellant and the Erosion Control Officer or Inspector shall <br /> be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as <br /> possible. <br /> (D) Pending the ruling by the Board of County Commissioners on an appeal, no further work <br /> shall take place in violation of a stop work order. <br /> I2.25.112.26.11 Appeals from Final Decisions Regarding Soil Erosion and Sedimentation Control <br /> Civil Penalties <br /> (A) Appeal from Board of County Commissioners or Other Governing Body Decisions <br /> Appeal from the final decision of the governing body regarding civil penalties assessed <br /> for violations of the soil erosion and sedimentation control provisions of this Ordinance <br /> shall be to the Superior Court of the county where the violation occurred, or in the county <br /> where the violator's residence or principal place of business is located. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-72 <br />