(A) Procedure.
(1) Any application request for a variance shall be filed with the Storm Water Administrator for transmittal to the Town Council.
(2) The Town Council shall conduct a hearing on the appeal pursuant to the procedures established in G.S. § 160A-388b or § 3.1.8 of the town’s United Development Ordinance.
(3) The Storm Water Board of Adjustment’s decision shall be considered a final decision after the Board approves the official minutes containing such during an official meeting and filed with the Town Clerk.
(B) Filing of appeal and procedures.
(1) Appeals shall be taken within the specified time by filing a notice of appeal and specifying the grounds for appeal on forms provided by the town. The Storm Water Administrator shall forthwith transmit to the Town Council all documents constituting the record on which the decision appealed from was taken.
(2) The hearing conducted by the Town Council shall be conducted in the nature of a quasi-judicial proceeding with all findings of fact supported by the competent material evidence.
(C) Review by Superior Court. Every decision of the Town Council shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court within 30 days after the later of the following:
(1) The decision of the Town Council is filed; or
(2) A written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the Storm Water Administrator at the time of its hearing of the case.
(D) Appeal. An aggrieved person may appeal to the Town Council any action taken by the Storm Water Administrator pursuant to this section.
(Ord., passed 5-11-09; Am. Ord., passed 9-13-21)