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App. 2.12.  Standing of Town to enforce Swift Creek Management Plan.
   (a)   The Town of Cary, as a party to the Swift Creek Management Plan, shall have standing to contest an action of another party to the Swift Creek Management Plan that the Town Council for the Town of Cary believes is inconsistent with the standards and provisions of the Swift Creek Management Plan in violation of the provisions of subsections (a) through (c) of App. 2.4.
   (b)   Any person who resides in the Town of Cary and who also resides in the Swift Creek watershed shall have standing to contest an action of any party to the Swift Creek Management Plan that the person believes is inconsistent with the standards and provisions of the Swift Creek Management Plan in violation of the provisions of subsections (a) through (c) of App. 2.4., provided that the person has a specific personal or legal interest in the action and is adversely affected thereby.
   (c)   The Town of Cary or person who has standing under subsection (a) or (b) of this section may file a petition in the superior court of Wake County seeking review of the action of a local government that the Town of Cary or person believes to be inconsistent with the standards and provisions of the Swift Creek Management Plan in violation of the provisions of subsections (a) through (c) of App. 2.4. A petition under this section shall be filed no later than sixty (60) days after the adoption, amendment, or repeal of the ordinance, the grant of the permit or approval, an extension of any utility, or other action the local government or person believes to be inconsistent with the standards and provisions of the Swift Creek Management Plan in violation of the provisions of subsections (a) through (c) of App. 2.4.
   (d)   A petition filed under this section shall state with specificity what exceptions are taken to the action of the respondent local government and what relief the petitioner seeks. Within fifteen (15) days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the respondent local government shall transmit to the court a copy of the ordinance, permit, or approval and any other minutes or documents that constitute the record of the challenged action.
   (e)   The court may hear oral arguments, receive written briefs, and take evidence on the question of whether or not there has been a violation of subsections (a) through (c) of App. 2.4.
   (f)   If the court determines that there has been a violation of subsections (a) through (c) of App. 2.4., it shall declare the ordinance, permit, approval, or other action void and may order any additional relief that appears appropriate.
   (g)   This section shall not be construed to preclude a judicial determination, based on common-law principles, statutory provisions, or other law, that standing exists in a particular case for a person to bring an action to challenge an alleged violation of the Swift Creek Management Plan and the provisions of subsections (a) through (c) of App. 2.4.
(N.C.S.L. Ch. 2005-89; Ord. No. 06-001, § 14, 2-9-2006)