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8.3.22 Planning Board Packet
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8.3.22 Planning Board Packet
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8/3/2022
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8.3.22 Planning Board Minutes
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65 <br /> 2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan92 Provisions <br /> (A) The person conducting the development activity may appeal a stop work order to the <br /> Board of County Commissioners within a period of five days after the order is issued. <br /> (B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with <br /> a copy to the Erosion Control Officer. <br /> (C) The Board of County Commissioners shall conduct a hearing at their next scheduled <br /> business meeting at which the appellant and the Erosion Control Officer or Inspector <br /> shall be permitted to submit relevant evidence, and shall rule on the appeal as <br /> expeditiously as possible. <br /> (D) Pending the ruling by the Board of County Commissioners on an appeal, no further work <br /> shall take place in violation of a stop work order. <br /> 2.26.11 Appeals from Final Decisions Regarding Soil Erosion and Sedimentation Control <br /> PUnErosion and Sedimentation Control Plan93 Civil Penalties <br /> (A) Appeal from Board of County Commissioners or Other Governing Body Decisions <br /> Appeal from the final decision of the governing body regarding civil penalties assessed <br /> for violations of the 94 erosion and sedimentation control provisions of this Ordinance <br /> shall be to the Superior Court of the county where the violation occurred, or in the county <br /> where the violator's residence or principal place of business is located. <br /> 2.27.1 Application Requirements <br /> (A) The purpose of a Performance Guarantee is to ensure proper installation of required <br /> improvements (i.e. roadways, landscaping, parking, utility infrastructure, impervious area, <br /> etc.) in a timely manner in accordance with approved plans, plats, and construction plans. <br /> (B) When a Performance Guarantee is required under this Ordinance, or necessary for the <br /> completion of required improvements, applicants shall submit a Performance Guarantee <br /> application for processing in accordance with Section 2.2 of this Ordinance. Applications <br /> shall be reviewed for compliance with applicable standards contained within Section 6.22 <br /> of this Ordinancr, 96 <br /> (C) Accepted Performance Guarantee applications shall be distributed to applicable agencies <br /> (e.g. NC Department of Transportation, utility providers, etc.), the Orange County <br /> Development Advisory Committee(DAC), and other departments for review and comment. <br /> (D) Staff shall take final action on the Performance Guarantee application within 30 days of <br /> acceptance. Applications not formally denied, or returned to the applicant for modification, <br /> after 30 days of receipt are deemed approved. <br /> (E) Performance Guarantee applications may be denied due to the following: <br /> (1) Insufficient financial guarantee for required work consistent with Section 6.22 of <br /> this Ordinance; <br /> (2) Financial lending institution issuing guarantee is not authorized to do business in <br /> North Carolina; <br /> (3) Submitted estimates are deemed inconsistent with applicable industry norms. <br /> 92 Consistent reference to"Stormwater Management Plan". <br /> 93 Consistent reference to"Erosion and Sedimentation Control Plan". <br /> 94 Deleted "soil". <br /> 95 NEW SECTION. <br /> 96 Reference to new section 6.22. <br /> Orange County, North Carolina—Unified Development Ordinance Page 3-lxxx <br />
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