Orange County NC Website
Article 2: Procedures 91 <br /> Section 2.26:Appeals <br /> (b) Hearings held pursuant to this sub-subsection shall be conducted by the <br /> Orange County Planning Board within 30 days after receipt of written <br /> demand, as provided for in (A)(2) above. <br /> (c) The Orange County Planning Board shall make recommendations to the <br /> Board of County Commissioners within 30 days after the date of the <br /> hearing on such Erosion Control Plan. <br /> (d) The Board of County Commissioners will render its final decision on any <br /> Erosion Control Plan appeal within 30 days of receipt of the Planning <br /> Board recommendation. <br /> (2) Other than Orange County <br /> (a) This sub-subsection pertains to appeals for land-disturbing activities <br /> occurring within the corporate limits of the Towns of Chapel Hill, <br /> Carrboro, and Hillsborough, and the City of Mebane. <br /> (b) Hearings held pursuant to this sub-subsection shall be conducted by a <br /> designated agency of the appropriate town or city board within 30 days <br /> after receipt of written demand, as provided for in (A)(2)above. <br /> (c) The said designated agency shall make recommendations to the <br /> appropriate town or city board within 30 days after the date of the <br /> hearing on such Erosion Control Plan. <br /> (d) The said appropriate town or city board will render its final decision on <br /> any Erosion Control Plan appeal within 30 days of the receipt of the <br /> recommendations from the said designated agency conducting the <br /> hearing. <br /> (C) Appeal from Local Government's Decision <br /> If the local governing body upholds the disapproval, modification, or conditions of <br /> approval of a proposed Erosion Control Plan following the public hearing, the applicant <br /> shall be entitled to appeal the local government's action to the North Carolina <br /> Sedimentation Control Commission as provided in Section 113A-61(c) of the General <br /> Statutes and Title 15A NCAC 4B.0118. <br /> (D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Past <br /> Performance <br /> The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of <br /> this Ordinance directly to the North Carolina Sedimentation Control Commission. <br /> (E) Appeal of Land-Disturbing Stop Work Order <br /> (1) The person conducting the land-disturbing activity may appeal a stop work order <br /> to the Board of County Commissioners within a period of five days after the order <br /> is issued. <br /> (2) Notice of the appeal shall be given in writing to the Board of County <br /> Commissioners, with a copy to the Erosion Control Officer. <br /> (3) The Board of County Commissioners shall conduct a hearing at their next <br /> scheduled regular business64 meeting at which the appellant and the Erosion <br /> Control Officer or Inspector shall be permitted to submit relevant evidence, and <br /> shall rule on the appeal as expeditiously as possible. <br /> (4) Pending the ruling by the Board of County Commissioners on an appeal, no <br /> further work shall take place in violation of a stop work order. <br /> 64 Conforming to updated term for BOCC meetings. <br /> Orange County, North Carolina—Unified Development Ordinance Page 2-83 <br />