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Article 2: Procedures <br /> Section 2.26: Appeals <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 2-82 <br /> <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 />(D) Major Subdivisions – Final Plat <br />(1) The decision of the Planning Director regarding a Major Subdivision Final <br />Plat application may be appealed to the Board of Commissioners. <br />(2) The Board of Commissioners shall have final approval authority, and <br />where applicable, all Final Plats shall contain information and/or <br />conditions approved by the Board of Commissioners. <br />(3) The Board of Commissioners in all such appeals shall make findings of <br />fact in support of its decision. <br />(4) The applicant shall be notified, in writing, of the Board of Commissioners' <br />decision. <br />2.26.3 Planning Board Decisions <br />(A) Major Subdivisions – Concept Plan <br />(1) The decision of the Planning Board regarding Concept Plan <br />Development Options may be appealed to the Board of Commissioners. <br />(2) Any notice of appeal shall be filed, in writing, with the Planning Director <br />within 15 days after the date of the Planning Board’s decision. <br />(3) If the appeal involves a plan/map approval, 16 copies of the plan/map <br />shall be submitted along with the written appeal. <br />(4) The Board of Commissioners shall have final approval authority, and, <br />where applicable, all Concept Plan Development Options shall contain <br />information and/or conditions approved by the Board of Commissioners. <br />(5) The Board of Commissioners in all such appeals shall make findings of <br />fact in support of its decision. The applicant shall be notified, in writing, of <br />the Board of Commissioners' decision within ten days after said decision <br />is made. <br />2.26.4 Board of Adjustment Decisions <br />(A) Every decision of the Board shall be subject to review at the request of any <br />person who has standing as detailed within NCGS 160A-393(d) by the Superior <br />Court by proceedings in the nature of certiorari. The appeal to Superior Court <br />must be filed within 30 days of the availability of the notice ofwritten decision <br />(2.12.5(A)). <br />2.26.5 Board of County Commissioners Decisions <br />(A) Quasi-Judicial Decisions <br />(1) Quasi-judicial decisions made by the Board of County Commissioners <br />pursuant to the Ordinance shall be subject to review at the request of <br />any person who has standing as detailed within NCGS 160A-393(d) by <br />the Superior Court by proceedings in the nature of certiorari. <br />(2) The appeal to the Superior Court must be filed within 30 days of the filing <br />of the decision of the Board of County Commissioners by the Planning <br />Director or the delivery of the notice of the decision to the applicant, <br />whichever is later. <br />(B) Legislative Decisions <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Comment [JCB47]: Consistency based on <br />recommended change to original section. <br />Formatted: Indent: Left: 0.5" <br />Formatted: Indent: Left: 1" <br />Formatted: Indent: Left: 1.5" <br />Formatted: Indent: Left: 1" <br /> 29