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Article 2: Procedures <br /> Section 2.26: Appeals <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-68 <br /> <br />(2) If a public hearing before the Board of County Commissioners is not required for <br />approval of the development project, then a special hearing shall be scheduled. <br />The hearing shall take place no later than 30 days after the close of the public <br />review period or receipt of comments from the State Clearinghouse, whichever is <br />later. <br />(C) Notice of Public Hearing <br />(1) Notice of the public hearing to review the EIS and receive public comment shall <br />be published at least twice in a newspaper of general circulation in the county, <br />stating the time and place of the hearing. <br />(2) Said notice shall appear in said newspaper for two successive weeks with the <br />first notice appearing not less than ten nor more than 25 days before the date set <br />for the public hearing. In computing the notice period, the day of publication is <br />not to be included, but the day of the hearing is to be included. <br />(D) Board of County Commissioners Action <br />(1) The Board of County Commissioners shall receive the EIS and all comments as <br />information only. The information presented may be used only to determine <br />compliance with specific development standards established in this Ordinance. <br />(2) No action shall be taken on the development project until after the EIS has been <br />presented to the Board of County Commissioners. <br />(E) Effect on Other Permits and Actions <br />Construction or installation of any major development project shall not commence until <br />subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final <br />EIS by the Board of County Commissioners. <br />Section 2.25:SECTION 2.26: APPEALS8 <br />2.25.12.26.1 Generally <br />Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision <br />being appealed on forms provided by the Planning Department, if applicable. <br />2.25.22.26.2 Planning Director Decisions <br />(A) Site Plans or Other Decision Pertaining to this Ordinance <br />Any decision of the Planning Director regarding a site plan application or other decision <br />pertaining to this Ordinance not listed in (B) through (D) below may be appealed to the <br />Board of Adjustment according to the provisions set forth in Section 2.12 of this <br />Ordinance. <br />(1) An appeal to the Board of Adjustment from a decision or determination of the <br />Planning Director stays all proceedings in furtherance of the decision or <br />determination appealed from, except: <br />(a) Situations that, in the opinion of the Planning Director, a stay would <br />cause imminent peril to life and/or property. <br />(b) That the situation appealed from is transitory in nature and, therefore, an <br />appeal would seriously interfere with enforcement of the Ordinance. <br />In either instance in (a) and (b) above, the Planning Director shall place in <br />certificate the facts to support the conclusion. <br />(B) Exempt Subdivisions <br /> <br />8 Section renumbered and references are being updated throughout the UDO. <br />13