Wake Forest Unified Development Ordinance - July 2022

Administration 15.12 Appeals Of Administrative Decisions


1. Such materials may be sold to a salvage company or any other interested party, donated to “Habitat for Humanity” or similar organizations, given away to individuals, businesses, or other organizations, or any combination thereof. 2. The applicant must publicly advertise, at least two weeks prior, a date and time for any interested materials salvager or other interested parties to visit the building to be demolished and arrange to acquire any desired salvage materials. The requirement of advertising may be waived by staff or the HPC when the salvage is handled in another acceptable manner or the potential salvage is of minimal value. 3. The applicant shall time the collection of materials in a logical manner, such as doors, windows, fireplace surrounds and mantels, cabinets, fixtures, etc will be collected prior to wood flooring, although carpets could be collected early. 4. At the time the salvaged materials are collected, the applicant or their agent must be on site to assure that materials are not damaged in the acquisition of other materials. P. Appeals: According to the provisions of NCGS §160D, an appeal from the decision of the HPC regarding a Major Certificate of Appropriateness application may be made by an aggrieved party in the nature of certiorari to the Board of Adjustment in accordance with Section 15.12 of this ordinance within 30 days of the decision of the commission. Q. Permit Validity: One year R. Permit Extension: The Administrator may grant one extension of this time period of up to one year upon submittal by the applicant of sufficient justification for the extension. Sufficient justification may include, but is not limited to, delays in other outside agency permits, financing institution delays, or other similar reasons beyond the control of the applicant.

15.12. Appeals Of Administrative Decisions

15.12.1. Applicability

This process is hereby established to provide an appeal process for the following:

A. Parties aggrieved by any order, requirement, decision, or determination, made by an administrative officer charged with enforcing the provisions of this ordinance, and, B. Parties aggrieved by the decision of the HPC regarding Major COA according to the appellate procedure outlined in NCGS §160D. 15.12.2. Filing Procedures A. Process Types: Quasi-Judicial (See also 15.5) B. Filing Procedure: An appeal of an administrative decision may be taken by any person aggrieved (or by their authorized agent), or by any officer, department, or board of the town, to the Board of Adjustment. Such an appeal shall be made within 30 days of the receipt by such aggrieved party of the written notice of decision from the Administrator, or in the case of an office, department, or board of the town, within 30 days of the filing of the written notice with the Town Clerk. C. Stay of Proceedings: The filing of an appeal shall stay all proceedings in furtherance of the contested action unless the Administrator certifies that, in his/her opinion, by reason of facts stated in the certification, such a stay would cause imminent peril to life and property. In such a case, proceedings shall not be stayed except by restraining order or preliminary injunction granted by the Superior Court of Wake County in accordance with Rule 65 of the North Carolina Rules of Civil Procedure.

Town of Wake Forest Unified Development Ordinance – July 19, 2022


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