Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 81 Section 2.26:Appeals (b) Hearings held pursuant to this sub-subsection shall be conducted the Orange County Planning Board within 30 days after receipt of w ten demand, as provided for in (A)(2) above. (c) The Orange County Planning Board shall make recomm dations to the Board of County Commissioners within 30 days after t date of the hearing on such Erosion Control Plan. The Board of County Commissioners will rende s final decision on any Erosion Control Plan appeal within 30 days o eceipt of the Planning Board recommendation. (2) Other tha Orange County (a) This s -subsection pertains to ap eals for land-disturbing activities occurrin ithin the corporate li its of the Towns of Chapel Hill, Carrboro, a Hillsborough, d the City of Mebane. (b) Hearings held p rsuant t his sub-subsection shall be conducted by a designated agenc of a appropriate town or city board within 30 days after receipt of writt demand, as provided for in (A)(2)above. (c) The said desig ed age y shall make recommendations to the appropriate t nor city bo within 30 days after the date of the hearing o uch Erosion Cont I Plan. (d) The s i appropriate town or city and will render its final decision on any rosion Control Plan appeal wit 30 days of the receipt of the r ommendations from the said design d agency conducting the earing. (C) Appea rom Local Government's Decision If the I al governing body upholds the disapproval, modification, o conditions of appr al of a proposed Erosion Control Plan following the public hea " g, the applicant s II be entitled to appeal the local government's action to the North Ca lina edimentation Control Commission as provided in Section 113A-61(c) of t General Statutes and Title 15A NCAC 4B.0118. (D) Appeal of Erosion Control Plan if Disapproval Based on Applicant's Pas Performance The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 o this Ordinance directly to the North Carolina Sedimentation Control Commission. (E) Appeal of Land-Disturbing Stop Work Order (1) The person conducting the land-disturbing activity may appeal a stop work order to the Board of County Commissioners within a period of five days after the order is issued. (2) Notice of the appeal shall be given in writing to the Board of County Commissioners, with a copy to the Erosion Control Officer. (3) The Board of County Commissioners shall conduct a hearing at their next scheduled regular business64 meeting at which the appellant and the Erosion Control Officer or Inspector shall be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as possible. (4) Pending the ruling by the Board of County Commissioners on an appeal, no further work shall take place in violation of a stop work order. 64 Conforming to updated term for BOCC meetings. Orange County, North Carolina—Unified Development Ordinance Page 2-83