§ 58-64. Appeals.

Procedures which constitute the appeals process are related to the following actions:

(1)

Plan approval with modifications or plan disapproval. The appeal of an approval, approval with modifications or disapproval of a plan made by the erosion control specialist with regard to this article shall be governed by the following provisions:

a.

The order of approval, disapproval, or modification of any proposed plan made by the erosion control specialist shall entitle the person challenging such decision to a public hearing before the board of adjustment if such person submits written demand for a hearing and completes the necessary forms and pays the required appeals fee within 15 days following the date the decision was filed in the development services department office or mailed to the applicant, whichever date is later. Such written request and completed forms shall be submitted to the clerk of the board of adjustment or his designee. Forms shall be available at the town hall, or as directed by the erosion control specialist. A fee for such public hearing shall be in accordance with a fee schedule adopted by the Board of Commissioners. No request shall be considered complete unless accompanied by such fee.

b.

Notice of the board of adjustment public hearing shall be sent by first class mail to the applicant at least ten days prior to the public hearing and to any person who has submitted written request to receive such notice at least ten days prior to the date of the public hearing. The hearing shall be held no later than 30 days after the date of receipt of said written request.

c.

A hearing shall be conducted by the board of adjustment. A concurring vote per the board of adjustment's officially adopted bylaws will be necessary to reverse any order, requirement, decision, or determination of any official charged with the enforcement of this article, or to decide in favor of an appellant any matter upon which is required to pass or to grant variance from the provisions of this article. The town shall keep minutes of the proceedings, showing the votes of each member upon each question and the attendance of each member at such hearings. The final disposition of the town shall be based on findings of fact.

d.

A party dissatisfied with the decision of the board of adjustment following the public hearing shall appeal such decision to the NCSCC as provided by G.S. 113A-61(c).

(2)

Plan disapproval due to prior violation, unpaid penalties, or noncompliance. In the event that a plan is disapproved pursuant to section 58-58(l), the town control specialist shall notify the director of the division of land resources of such disapproval, along with the reasons therefor, within ten days after the date of the decision. The erosion control specialist shall advise the applicant and the director of the division of land resources in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the erosion control specialist's disapproval of the plan pursuant to section 58-58(l) directly to the NCSCC.

(3)

Issuance of notice of violation, penalties, or order of restoration. The appeal of issuance of notice of violation, assessment of civil penalty, or order of restoration made by the town with regard to this article shall be governed by the following provisions: The issuance of a notice of violation, assessment of a civil penalty, or an order of restoration by the erosion control specialist shall entitle the person alleged to be in violation of this article (petitioner) to appeal within 30 days by filing a petition for a contested case with the state office of administrative hearings under G.S. ch. 150B, art. 3.

(Code 2015, § 159.22; Ord. No. 2016017 , 10-25-2016)