Orange County NC Website
Browse       Search
, <br />Article 2: Procedures 20 <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 />2.25.102.26.10 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 />2.25.112.26.11 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 />