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372 DRAFT 5. Is in violation of Federal, State or local laws, rules, regulations or ordinances pertaining to a different phase(s) of the same Tract and/or development. h. Applications for amendment of a Plan in written and/or graphic form may be made at any time under the same format as the original application. Until such time as said amendment is approved by the County staff, Land-Disturbing Activity shall not proceed except in accordance with the Plan as originally approved. i. kny Person engaged in Land-Disturbing Activity who fails to file a Plan in accordance with this Ordinance, or who conducts a Land-Disturbing Activity except in accordance with provisions of an approved Plan shall be deemed in violation of this Ordinance. Section 18 - Aooeals a. The appeal of an approval with modifications, disapproval of a Plan, issuance of a Notice of violation, assessment of civil penalty, or other order made by the County staff with regard to this Ordinance shall be governed by the following provisions: 1. The order of approval, disapproval, or modification of any proposed Plan made by the County staff shall entitle the Person challenging suck decision to a public hearing before the Commission if such Person submits written demand for a hearing and completes the necessary forms and pays the required appeals fee within fifteen (15) days following the date the decision was filed in the County's office or mailed to the applicant, whichever date is later. Such written request and completed forms shall be filed in the County's office. Forms shall be available at the Development Services office, or as directed by the County. A fee for such public hearing shall be in accordance with a fee schedule adopted by the Board of Commissioners. No request shall be considered complete unless accompanied by such fee. Notice of the Commission's public hearing shall be sent by first class mail to the applicant at least ten (10) days prior to the public hearing and to any Person who has submitted written request to receive such notice at least ten (10) days prior to the date of the public hearing. The hearing shall be held no later than thirty (30) days after the date of receipt of said written request. 2. A hearing shall be conducted by the Commission. A concurring vote per the Commission's officially adopted by-laws will be necessary to reverse any order, requirement, decision, or determination of any official charged with the enforcement of this Ordinance, or to decide in favor of an appellant any matter upon which is required to pass or to grant variance from the provisions of this Ordinance. The County shall keep minutes of the Commission's proceedings, showing the votes of each member upon each question and the attendance of each mentber at such hearings. The final disposition of the County shall be based on findings of fact. (NOTE: THE COMMISSION WILL NEED FINDINGS OF FACT IN ORDER TO TAKE ACTION.) 3. A party dissatisfied with the decision of the Commission following the public hearing shall have fifteen (15) days from the date of said decision to appeal such decision to the NCSCC pursuant to Title 15, Chapter 4B, Section .0018(b) of the North Carolina Administrative Code and as provided by NC GS 133A-61(c). b. In the event that a Plan is disapproved pursuant to Section 17(g) of this Ordinance, the County staff shall notify the Director of the Division of Land Resources of such disapproval, along with the reasons therefore, within five (5) days after the date of the decision. The County skall advise the Director in writing as to the specific reasons that the Plan was disapproved. The applicant may appeal the County's disapproval of the Plan pursuant to Section 17(g) of this Ordinance directly to the Commission. Section 19 - Inspections and Investigations a. Agents, officials~ or other qualified Persons authorized by the County, will periodically inspect Land-Disturbing Activities to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in the Plan are effective in controlling Erosion and Sediment resulting from Land-Disturbing Activity. Notice of the right to inspect shall be included in the certificate of approval of each Plan. b. NO Person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of the County, while that Person is inspecting or attempting to inspect a Land-Disturbing Activity under this section. c. If it is determined that a Person engaged in the Land-Disturbing Activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be served upon that Person. The notice shall be served by registered or certified mail or by any