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5.4.22 Planning Board Packet
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5.4.22 Planning Board Packet
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5.4.22 Planning Board Minutes
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39 <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 .Erosion and Sedimentation Control Plan. <br /> (d) The said appropriate town or city board will render its final decision on <br /> any Erosion Erosion and Sedimentation Control Plan appeal within 30 <br /> days of the receipt of the recommendations from the said designated <br /> agency conducting the hearing. <br /> (C) Appeal from Local Government's Decision <br /> If the local governing body upholds the disapproval or modification , medif;^^+;^^ or <br /> of a proposed Eresion Erosion and Sedimentation Control Plan <br /> following the public hearing, the applicant shall be entitled to appeal the local <br /> government's action to the North Carolina Sedimentation Control Commission as <br /> provided in Section 113A-61(c) of the General Statutes and Title 15A NCAC 4B.0118. <br /> (D) Appeal of Erosion and Sedimentation Control Plan if Disapproval Based on <br /> Applicant's Past 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 aGti 4tyLand-Disturbing Activity may <br /> appeal a stop work order to the Board of County Commissioners within a period <br /> of five days after the order 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 business meeting at which the appellant and the Erosion Control <br /> Officer or Inspector shall be permitted to submit relevant evidence, and shall rule <br /> 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 /> 2.26.9 Stormwater Management Plan <br /> (A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan <br /> SMP 82 shall be made to the Orange County Planning Director. <br /> (B) If the Planning Director upholds the decision, the applicant shall be entitled to a public <br /> hearing if the applicant submits written demand for a hearing within 15 days after receipt <br /> of written notice of disapproval, modification, or conditions of approval. <br /> (C) The hearing shall be conducted by the Orange County Planning Board within 30 days <br /> after receipt of written demand for a hearing. <br /> (D) The Orange County Planning Board shall make recommendations to the Board of County <br /> Commissioners within 30 days after the date of the hearing. <br /> (E) The Board of County Commissioners shall render its final decision on any stormwate <br /> management pla SMP upon which a hearing is requested within 30 days of receipt of the <br /> recommendations from the Planning Board. <br /> 82 Reference to the appropriate acronym for Stormwater Management Plan (SMP)—NOTE: "SMP"is integrated <br /> through remainder of Section 2.26, where applicable. <br /> Orange County, North Carolina—Unified Development Ordinance Page 3-lxxix <br />
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