§ 18-71. Procedure.

(a)

Except as provided in subsection (b) of this section, the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions:

(1)

The disapproval or modification of any proposed erosion and sedimentation control plan by Rowan County shall entitle the person submitting the plan to a public hearing if such person submits written demand for a hearing within fifteen (15) days after receipt of written notice of disapproval or modifications.

(2)

Hearings held pursuant to this section shall be conducted by the Rowan County Board of Adjustment within thirty (30) days after the date of the appeal or request for a hearing.

(3)

The board of adjustment shall make recommendations to Rowan County Board of Commissioners within ten (10) days after the date of the hearing on any plan.

(4)

The board of commissioners will render its final decision on any plan within sixty (60) days of receipt of the recommendations from the board of adjustment.

(5)

If Rowan County upholds the disapproval or modification of a proposed erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal Rowan County's decision to the North Carolina Sedimentation Control Commission as provided in G.S. 113A-61(c) and 15A NCAC 4B.0018(d).

(6)

In the event that a plan is disapproved pursuant to subsection 18-52(k) of this chapter, the applicant may appeal Rowan County's disapproval of the plan directly to the Commissions.

(Amend. of 7-7-08)

State law reference

Similar provisions, G.S. 113A-61(c).