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(A) <br />(B) <br />(C) <br />(D) <br />Article 2: Procedures 114 <br />Section 2.26: Appeals <br />Soil Erosion and Sedimentation Control <br />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 />proposed Erosion Control Plan by the Erosion Control Officer shall entitle the <br />person submitting the plan to an appeal of the decision to the Orange County <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 />Hearings <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 />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 413.0118. <br />Appeal of Erosion Control Plan if Disapproval Based on Applicant's Past <br />Performance <br />Orange County, North Carolina – Unified Development Ordinance Page " — <br />Return to Agenda <br />