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Article 2: Procedures <br /> Section 2.26: Appeals <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-81 <br /> <br />(D) Board of County Commissioners Action <br />(1) The Board of County Commissioners shall receive the EIS and all <br />comments as information only. The information presented may be used <br />only to determine compliance with specific development standards <br />established in this Ordinance. <br />(2) No action shall be taken on the development project until after the EIS <br />has been 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 <br />commence until subsequent to the filing of a Finding of No Significant Impact or <br />acceptance of the Final EIS by the Board of County Commissioners. <br />SECTION 2.26: APPEALS <br />2.26.1 Generally <br />Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the <br />decision being appealed on forms provided by the Planning Department, if applicable. <br />2.26.2 Planning Director Decisions <br />(A) Site Plans or Other Decision Pertaining to this Ordinance <br />Any final and binding decision of the Planning Director, or their designee, <br />regarding a site plan application or other decision pertaining to this Ordinance not <br />listed in (B) through (D) below may be appealed to the Board of Adjustment <br />according to the provisions set forth in Section 2.12 of this Ordinance. <br />(1) An appeal to the Board of Adjustment from a decision or determination of <br />the Planning Director stays all proceedings in furtherance of the decision <br />or determination appealed from, except: <br />(a) Situations that, in the opinion of the Planning Director, a stay <br />would cause imminent peril to life and/or property. <br />(b) That the situation appealed from is transitory in nature and, <br />therefore, an appeal would seriously interfere with enforcement <br />of the Ordinance. <br />In either instance in (a) and (b) above, the Planning Director shall place <br />in certificate the facts to support the conclusion. <br />(B) Exempt Subdivisions <br />(1) The decision of the Planning Director regarding an exempt subdivision <br />application may be appealed to the Board of County Commissioners. <br />(2) The Board of County Commissioners shall have final approval authority, <br />and, where applicable, all Final Plats shall contain information and/or <br />conditions approved by the Commissioners. <br />(3) The Board of County Commissioners in all such appeals shall make <br />findings of fact in support of its decision. The subdivider shall be notified, <br />in writing, of the Board’s decision. <br />(C) Minor Subdivisions <br />(1) The decision of the Planning Director regarding a minor subdivision <br />application may be appealed to the Board of County Commissioners. <br />(2) The Board of County Commissioners shall have final approval authority, <br />and, where applicable, all Final Plats shall contain information and/or <br />conditions approved by the Commissioners. <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Comment [JCB45]: Consistent with and tracking <br />language from statutory and case law. <br />Comment [JCB46]: By practice many final <br />decisions are not signed by Craig <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 2" <br />Formatted: Indent: Left: 2" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br /> 28