Unified Development Ordinance

Sec. 9.4.8. Appeals

Sec. 9.4.8. Appeals aaron.sheppard… Wed, 05/24/2023 - 09:15
  1. Except as provided in Sec. 9.4.8.D. below, the disapproval or required modification of any proposed erosion control plan or the refusal to issue a grading or other necessary permit by the City shall entitle the person who submitted the plan or applied for the permit to appeal this decision to the Board of Adjustment pursuant to Sec. 10.2.11. Where the deadlines and procedures set forth in Sec. 10.2.11. conflict with the deadlines and procedures of this Sec. 9.4.8., the deadlines and procedures of this Sec. 9.4.8. shall prevail.
  2. Appeal must be made in writing to the City Clerk and the Engineering Services Director within 15 days of written notice of disapproval or modification of plan or refusal to issue a permit.
  3. No appeal, other than to reduce the width of the natural resource buffer yards, that would be inconsistent with either the Standards of the Water Supply Watershed Act, N.C. Gen. Stat. §143-214.5 or the regulations adopted pursuant thereto shall be granted without the prior approval of the Environmental Management Commission.
  4. Upon receipt of an appeal, the City shall notify in writing and in sufficient time to allow a reasonable comment period, all other local governments having jurisdiction within the water supply watershed. Each year the City will transmit to the Environmental Management Commission a report on each appeal it receives.
  5. Hearings held pursuant to this section shall be held by the Board of Adjustment within 30 days from the date the appeal is filed in the City Clerk’s office. The Board of Adjustment shall then render a decision no later than 21 days following said hearing.
  6. If the Board of Adjustment upholds the disapproval or modification of a proposed soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall within 15 days following the decision of the Board of Adjustment be entitled to appeal the Board of Adjustment’s action to the Sedimentation Control Commission pursuant to Title 15 4B.0018(b) of the North Carolina Administration Code and N.C. Gen. Stat. §113A-61(c).
  7. In the event that an erosion control plan is disapproved, the City shall notify the Director of the Division of Land Resources of the North Carolina Department of Environment, Health and Natural Resources of such disapproval within 10 days. The City shall advise the applicant and the Engineering Services Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of Sec. 9.4.8.A. through Sec. 9.4.8.C. above, the applicant may appeal the City’s disapproval of the plan directly to the Sedimentation Control Commission.
  8. Judicial review of the final action of the erosion plan review committee of the Sedimentation Control Commission may be had in Superior Court of Wake County.