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Agenda - 05-21-1991
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Agenda - 05-21-1991
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BOCC
Date
5/21/1991
Meeting Type
Regular Meeting
Document Type
Agenda
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conditions of approval. <br />CObf ffJVTARY.• These changes are proposed by the stab. This change allows the applicant to appeal 14 <br />conditions of approval and is added in conjunction with the change in Section 18 (c). <br />2 h. (a +) Hearings held pursuant to this section shall be conducted by the Orange County Planning <br />Board within 30 days after receipt of written demand for such hearing made by the person <br />submitting the plan when such plan is for land- disturbing activities occurring outside the <br />corporate limits of the Towns of Chapel Hill, Carrboro, Hillsborough, and Mebane. <br />(bb 2) The Orange County Planning Board shall make recommendations to the Board of <br />Commissioners of Orange County within 30 days after the date of the hearing on such <br />erosion control plan. <br />(c 3) The Board of Commissioners of Orange County will render its final decision on any erosion <br />control plan upon which a hearing is requested within 30 days of receipt of the recommenda- <br />tions from the agency conducting the hearing. <br />3 e. (a -f) Hearings held pursuant to this section shall be conducted by a designated agency of the <br />appropriate town board within 30 days after receipt of written demand for such hearing made <br />by the person submitting the plan when such plan is for land - disturbing activities occurring <br />within the corporate limits of the Towns of Chapel Hill, Carrboro, Hillsborough, and Mebane. <br />(_b 2) The said designated agency shall make recommendations to the appropriate town board <br />within 30 days after the date of the hearing on such erosion control plan. <br />(c- 3) The said appropriate town board will render its final decision on any erosion control plan <br />upon which a hearing is requested within 30 days of the receipt of the recommendations from <br />the said designated agency conducting the hearing. <br />4 d. In the event that the local governing body upholds the disapproval., or modification or conditions <br />of approval of a proposed erosion control plan following the public hearing the person submitting <br />the erosion control plan shall be entitled to appeal the local governments action to the North <br />Carolina Sedimentation Control Commission as provided in Section 113A -61(c) of the General <br />Statutes and Title 15A NCAC 4B.0018(d). <br />COMIIEIVTARY.- The subsections and paragraphs above will be renumbered and relettered as shown. In <br />conjunction with prior changes, "conditions of approval "is added to the appeal process. <br />b. ARQeal of Erosion Control Plan Disapproval Based on Applicants Past Performance <br />In the event that an erosion control plan is disavoroved pursuant to Section 18 (h) of this ordinance <br />the County shall_ncWfy the Djm4g af_the Divmm_of Land Resources of such disapproval within 10 <br />days._ng County shall advise the applicant and the_ Director of the - Division- of Land Resources_ in <br />writing as to the specific reasons that the plan was disapproved. The applicant_ may appeal the County's <br />disapproval of the plan pursuant to Section 18 (h) of this Ordinance directly to- the_ Commission. <br />COMMF11T1ARY.• This change requires notification of the Director of the Division of Land Resources of a <br />denial based on Section 18 (h) (applicants past performance) and allows an appeal of the denial directly to the <br />Director without first going through the appeal process at the local level. <br />Section 21 Inspections and Investigations <br />a. Site Inspections <br />9 5 -9 -91 <br />
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