Development decisions rendered pursuant to this article are subject to review in the manner set forth herein.
(A) Administrative remedies. There are two separate bodies charged with responsibility for administrative review of development decisions: the Board of Adjustment and the Town Council. In no case will decisions of either of those bodies be subject to review by the other. Judicial review from the decisions of those boards may be available in accordance with division (B), below. The following development decisions are subject to administrative review in the manner indicated
(1) Land development permits. Decisions regarding applications for issuance of land development permits are subject to review by the Board of Adjustment upon the timely filing of an appeal pursuant to § 152.075, below.
(2) Preliminary development plans and preliminary plats. Decisions of the Land Use Administrator regarding applications for preliminary development plan approval or for preliminary plat approval are subject to review by the Town Council upon the timely filing of a notice of review pursuant to § 152.052, above.
(3) Final development plans and final plat approval. Decisions of the Land Use Administrator regarding applications for final development plan approval and final plat approval are subject to review by the Town Council upon the timely filing of a notice of review pursuant to § 152.052(E)(4), above.
(B) Judicial review. Judicial review of development decisions rendered pursuant to this article shall be in accordance with this section and with the North Carolina General Statutes. In no event shall a party be entitled to judicial review until such time as all administrative remedies have been exhausted.
(1) Land development permits. Decisions of the Town Council regarding appeals from development decisions concerning applications for land development permits may be appealed to the Superior Court in accordance with § 152.078, below. Such appeals shall be in the nature of certiorari.
(2) Preliminary development plans and preliminary plats. Decisions of the Town Council regarding appeals from development decisions concerning applications for preliminary development plan approval or preliminary plat approval may be appealed to the Superior Court by any aggrieved party. Such appeals shall be in the nature of certiorari and must be filed within 30 days after the filing of the decision in the office of the Town Clerk or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the Clerk at the time of the hearing, whichever is later. The copy of the decision of the Town Council may be delivered to aggrieved parties either by personal service for by registered mail or certified mail return receipt requested.
(3) Final development plans and final plats. Decisions of the Town Council regarding appeals from development decisions concerning applications for final development plan approval or final plat approval may be appealed to the Superior Court by any aggrieved party in the same manner as decisions regarding preliminary development plans set forth in the preceding section.
(4) Special use review. Judicial review of decisions regarding applications processed under the provisions of special use review, established in § 152.053, above, require special treatment due to the fact that they involve two separate applications which, though processed simultaneously, require the Town Council to make two separate decisions exercising two different types of decision-making authority. One application requests enactment of an ordinance amending the Official Zoning Map, and the other requests issuance of a special use permit. The first application involves a legislative decision on the part of the Council and the second a quasi-judicial decision. The quasi-judicial decision, that is, the one concerning the application for a special use permit, may be appealed to the Superior Court by any aggrieved party in the manner prescribed in division (B)(2), above. Such appeal shall be in the nature of certiorari. The legislative decision, which is the one concerning the request for rezoning, may be contested, in accordance with G.S. § 160A-364.1, by a cause of action commenced within two months of the date of the decision.
(Ord. passed 10-1-07; Am. Ord. passed - - )