(A) Except as provided in § 152.26 (B) below, 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 plan by the town shall entitle the person submitting the plan to a hearing if the person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. A hearing held pursuant to this section shall be conducted by the Town Manager within 30 days after the date of the appeal or request for a hearing. The Town Manager will render his or her decision within 15 days after the date of the hearing on any plan.
(2) If the Town Manager upholds the disapproval or modification of a proposed plan following the hearing, the person submitting the plan shall then be entitled to appeal the Town Manager’s decision to the Town Board of Adjustments if the person submits written demand for a public hearing within 15 days after receipt of written notice of disapproval or modifications. A hearing held pursuant to this section shall be conducted by the Board of Adjustments within 30 days after the date of the appeal or request for a hearing. The Board of Adjustments will render its decision within 15 days after the date of the hearing on any plan.
(3) If the Board of Adjustments upholds the disapproval or modification of a proposed plan following the hearing, the person submitting the plan shall then be entitled to appeal the Board of Adjustments' decision to the Town Council if the person submits written demand for a public hearing within 15 days after receipt of written notice of disapproval or modifications. A hearing held pursuant to this section shall be conducted by the Town Council within 30 days after the date of the appeal or request for a hearing. The Town Council will render its decision within 15 days after the date of the hearing on any plan.
(4) If the Town Council upholds the disapproval or modification of a proposed plan following the hearing, the person submitting the plan shall then be entitled to appeal the Town Council's decision to the Commission as provided in G.S. § 113A-61(c) and 15A NCAC 4B.0118(d).
(B) In the event that a plan is disapproved pursuant to § 152.06(I) above, the applicant may appeal the town's disapproval of the plan directly to the Commission.
(Ord. 2007-11, passed 10-16-2008; Am. Ord. 2015-01, passed 1-8-2015)