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Planning Board - 040721
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Planning Board - 040721
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Last modified
3/29/2021 12:15:11 PM
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BOCC
Date
4/7/2021
Meeting Type
Regular Meeting
Document Type
Agenda
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Planning Board minutes - 040721
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Article 2: Procedures 89 <br /> Section 2.26:Appeals <br /> (1) The decision of the Planning Director regarding a Major Subdivision Final Plat <br /> application may be appealed to the Board of Commissioners. <br /> (2) The Board of Commissioners shall have final approval authority, and where <br /> applicable, all Final Plats shall contain information and/or conditions approved by <br /> the Board of Commissioners. <br /> (3) The Board of Commissioners in all such appeals shall make findings of fact in <br /> 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 Development <br /> Options may be appealed to the Board of Commissioners. <br /> (2) Any notice of appeal shall be filed, in writing, with the Planning Director within 15 <br /> 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 shall be <br /> submitted along with the written appeal. <br /> (4) The Board of Commissioners shall have final approval authority, and, where <br /> applicable, all Concept Plan Development Options shall contain information <br /> and/or conditions approved by the Board of Commissioners. <br /> (5) The Board of Commissioners in all such appeals shall make findings of fact in <br /> support of its decision. The applicant shall be notified, in writing, of the Board of <br /> Commissioners' decision within ten days after said decision 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 person <br /> who has standing as detailed within NCGS 160D-1401(c)160A-393(d) by the <br /> Superior Court by proceedings in the nature of certiorari. The appeal to Superior <br /> Court must be filed within 30 days of the availability of the notice of decision <br /> (2.12.5(A)). <br /> 2.26.5 Board of County Commissioners Decisions <br /> (A) Purim_IudmG"al Denicionc 63 <br /> 0) Quasm judicial decisions made by the Board of County Commissioners pursuan <br /> to the Ordinance shall hosubject to review at the request of any person who has <br /> standing as detailed within NCGS 160A 9(d) by the Superior Court by <br /> proceedings On the nature of certiorari <br /> (2) The appeal to the S uperier Court must ben filed I.fi+hin 30 days Gf tTefilino�of the <br /> denisie of the Roard of County f ommiooieners by the Planning Direrter or the <br /> delivery of the ne+ir.e of the der.isien to the applicant, whichever is toter <br /> (B(A) Legislative Decisions <br /> (1) Legislative decisions made by the Board of County Commissioners pursuant to <br /> the Ordinance shall be subject to review at the request of any aggrieved party by <br /> the Superior Court. <br /> 63 Staff is recommending that the BOCC no longer make quasi-judicial decisions so this sub-section is no longer <br /> applicable. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-81 <br />
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