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35 <br /> 2.26.9 Stormwater Management Plan <br /> (A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan <br /> (SMP)92 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 stprmwater <br /> YYl@Yl^JlY@PA@At SMP upon which a hearing is requested within 30 days of receipt of the <br /> recommendations from the Planning Board. <br /> 2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan93 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 S_am' Erasio n and S_e-dime-ntatman cantrQ4 <br /> R4axnErosion and Sedimentation Control Plan94 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 ,;95-.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 /> 91 Reference to the appropriate acronym for Stormwater Management Plan(SMP)—NOTE. "SMP"is integrated <br /> through remainder of Section 2.26,where applicable. <br /> 93 Consistent reference to"Stormwater Management Plan". <br /> 94 Consistent reference to"Erosion and Sedimentation Control Plan". <br /> 95 Deleted "soil". <br /> 96 NEW SECTION. <br /> Orange County, North Carolina— Unified Development Ordinance Page 2-80 <br />