§ 5-100. Appeals.

The appeal of a disapproval or approval with modifications or conditions of approval of a plan shall be governed by the following provisions:

(1)

The disapproval of, modification of, or conditions of approval attached to any proposed soil erosion and sedimentation control plan by the erosion control officer shall entitle the person submitting the plan to an appeal of the decision to the town manager.

(2)

In the event that the manager upholds the disapproval, modification or conditions of approval of a proposed, soil erosion and sedimentation control plan, the person submitting the plan shall be entitled to appeal the manager's action to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c) of the General Statutes and Title 15A NCAC 4B.0018(d).

(3)

Appeal of soil erosion and sedimentation control plan disapproval based on applicant's past performance. In the event that a soil erosion and sedimentation control plan is disapproved pursuant to section 5-98(h) of this chapter, the town manager shall notify the director of the division of land resources of such disapproval within ten days of written notice to the applicant of the disapproval of the plan. The town manager 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 town manager's disapproval of the plan pursuant to section 5-98(h) of this chapter directly to the commission.

(Ord. No. 93-2-22/O-1, § 19; Ord. No. 2000-01-10/O-1, § 1)