§ 16-23. Approval; public hearing; appeal and review.

(a)

Unless otherwise stated herein, the county engineer shall submit his or her recommendation relative to the issuance of a permit under this chapter to the board of county commissioners for official action.

(b)

The board of county commissioners may approve the permit application and may include any conditions necessary to ensure compliance with these regulations or may deny the permit.

(c)

The board of county commissioners may take action during any regular session of the board of county commissioners or may, at its sole discretion, require that a hearing be held on the permit application with notice to abutting property owners.

(d)

Any applicant may seek review of a decision of the board of county commissioners on a permit application by certiorari filed in the circuit court.

(e)

A maximum of four (4) individual annual renewals of permits to the same applicant or permittee may be approved by the county chairman or the county engineer.

(f)

Issuance of a permit by the county does not absolve the applicant and/or permittee from the requirement of obtaining any other applicable permits (federal, state, local, etc.) before commencement of operations.

(g)

The county engineer may issue an excavation/fill permit for previously approved commercial and/or residential subdivision sites provided that:

(1)

The source of fill material has been permitted by Orange County; and

(2)

The excavation is to be disposed of only at locations permitted by Orange County.

(Code 1965, § 23A-8; Ord. No. 85-32, § 1(8), 11-25-85; Ord. No. 92-19, § III(15), 7-7-92; Ord. No. 94-10, §§ 2, 3, 6-7-94)