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HomeMy WebLinkAboutAgenda - 06-02-2009 - 5bORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 2, 2009 Action Agenda Item No. 5 - b SUBJECT: Hillsborough -Orange County Strategic Growth Plan -Phase II (Interlocal Agreement Initiative) DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes ATTACHMENT(S): 1. Memorandum from Clarion Associates Dated February 19, 2009 (Includes Draft Interlocal Agreement) 2. Excerpt of February 19, 2009 Joint Orange County/ Town of Hillsborough Meeting Minutes 3. Water and Sewer Management Planning and Boundary Agreement Map 4. Maps Depicting Watersheds and Land Use Categories outside of Urban Service Area 5. Amendments Proposed by Orange County Staff (in Track Changes Format) 6. Resolution Ratifying Interlocal Agreement INFORMATION CONTACT: Craig Benedict, Planning Director, 245- 2592 Perdita Holtz, Planning Systems Coordinator 245-2611 PURPOSE: 1. To receive public comment on the proposed Interlocal Agreement between Orange County and the Town of Hillsborough pertaining to the jointly prepared Strategic Growth Plan; 2. To consider staff comments regarding language proposed to be added to the Agreement; and 3. To take action as determined on the Agreement. BACKGROUND: This proposed Interlocal Agreement is the next step of on-going coordinated planning efforts between the Town of Hillsborough and Orange County. It is also a BOCC FY 2009-10 Priority (P-7) and is supported by the adopted Orange County Comprehensive Plan. Town of Hillsborough/Orange County Urban Transition Area Task Force The current coordinated planning process began in 2004 with the appointment of a joint Urban Transition Area Task Force. The Task Force sought to identify areas around the Town of Hillsborough that could be serviced by water and sewer. An impetus to study this issue was that the Town of Hillsborough's Primary Service Area for water and sewer services, as noted in the Water and Sewer Management Planning and Boundary Agreement (a joint agreement between Orange County, OWASA, and the Towns of Chapel Hill, Carrboro, and Hillsborough adopted in 2001; see map in Attachment 3), extends far beyond the Town's extraterritorial jurisdiction (ETJ). It exceeds the Town's capacity for providing these services. The Urban Transition Area Task Force completed its work in early 2005 when the County and Town accepted the resulting Principles of Agreement and Map. Since the Task Force was not able to identify specific areas for water and sewer services, one of the Principles was for the two governments to jointly contract the services of a consultant to prepare a Joint Strategic Growth Plan. Town of Hillsborough/Orange Countv Strategic Growth Plan -Phase I In early 2006 the Town and County embarked upon a Strategic Growth Plan with the assistance of a steering committee and retained consultant Clarion Associates. The project culminated with a Strategic Growth Plan Report in late 2006 and became known as "Phase I" of the Hillsborough-Orange County Strategic Growth Plan as the plan called for additional work to be done and preparation of an Interlocal Agreement. Town of Hillsborough/Orange Countv Strategic Growth Plan -Phase II Phase II of the Strategic Growth Plan, which is the current phase culminating in the Interlocal Agreement under consideration, began in the Spring of 2008 with the appointment of the Hillsborough-Orange County Interlocal Agreement Steering Committee. The Committee was tasked with developing an agreement to promote coordinated planning in central Orange County between Orange County and the Town of Hillsborough. Clarion Associates was retained to coordinate the Committee and draft the agreement. The Committee completed its work, including a robust public input meeting schedule, in early 2009 and the Interlocal Agreement was a topic of discussion at the joint meeting between Orange County and the Town of Hillsborough on February 19, 2009. The Town of Hillsborough's Board voted to approve the Interlocal Agreement at its meeting on April 13, 2009. The draft Interlocal Agreement is contained in Attachment 1. Future implementation of the Agreement will result in: • adoption of a Joint Land Use Plan (map and text), • creation of Urbanizing Areas with underlying County authority with Town of Hillsborough Zoning Administration, • adjustment of the Town's Extra Territorial Jurisdiction (abandonment of some existing ETJ by the Town and the County granting new ETJ), and • amendments to the County's Zoning Ordinance and Atlas, as well as Subdivision Regulations. Article 2 of the Agreement indicates the proposed process for these amendments, which are to be completed in a "timely manner." These future amendments to the Land Use Element (map and text), Zoning Ordinance, Zoning Atlas, and Subdivision Regulations will follow the normal processes for adopting changes to the respective document (i.e., advertising, notification, and joint public hearing). The following chart depicts the current Land Use category of lands, as shown on the Land Use Plan (Map) in the Land Use Element of the Orange County Comprehensive Plan, within the Urban Service Area that are directly affected by the proposed Interlocal Agreement (i.e., ETJ changes and Orange County and Hillsborough Urbanizing Areas which are the hatched, orange, and blue areas on Exhibit A of the Agreement): Orange County Land Use Total Acres Percent of Acres by Land Use 10 Year Transition 1019.5 27.7% 20 Year Transition 406.4 11.0% Agricultural Residential 640.1 17.4% Commercial/Industrial Node 9.0 0.2% Commercial Node 233.2 6.3% Economic Development District (EDD) 575.4 15.6% Rural Residential 539.3 14.6% Rural Neighborhood Node 15.6 0.4% Rural Industrial Node 204.4 5.5% Town Limits/ETJ 43.0 1.2% 3686 Additionally, the maps contained in Attachment 4 depict the Watersheds and Land Use categories for the areas outside the Urban Service Area but within the Central Orange Coordinated Area (i.e., the "Notification Area," defined in the Interlocal Agreement, depicted in white on Exhibit A of the Agreement, and encompassing 24,412 acres). While the consultant's contract is complete for Phase II of the Strategic Growth Plan, staff recommends the Phase II Steering Committee remain intact to review and comment on the forthcoming amendments listed above prior to the amendments being brought forward for public meetings/hearings. Staff Comments for BOCC Consideration Staff offers the following comments on the version of the Agreement sanctioned by the Steering Committee and approved by the Town of Hillsborough. Specifically, staff recommends the BOCC consider proposing a change to the Agreement that would include language to: • Ensure properties in the Orange County Urbanizing Area (orange areas on map) are developed under Orange County standards Qointly developed for this area) prior to annexation into the Town of Hillsborough, and • Ensure Orange County Urbanizing Area representation on the Hillsborough Planning Board and Board of Adjustment. Additionally, the Agreement contains some reference errors that are proposed for correction. All proposed amendments to the Agreement are shown in "track changes" format in Attachment 5. Similarities to Chapel Hill / Carrboro /Orange County Joint Planning Agreement 4 This agreement has many similarities to the existing Joint Planning Agreement but pertains to a different area of the County. The concepts are similar; specifically, focused growth areas matched with planned public services and an anti-sprawl zone, with both local governments coordinating land use planning. Orange County and its municipalities continue to be the leaders in subregional planning agreements. FINANCIAL IMPACT: There is adequate existing Planning staff to complete the tasks enumerated in the Agreement within the Department work plan. Tasks are expected to occur within the next two fiscal years (2009-10 and 2010-11). There will be future costs for future legal advertisements and notifications when Land Use Plan (map and text), Zoning Ordinance (map and text), and Subdivision Regulations amendments are brought forward. RECOMMENDATION(S): The Manager recommends the Board: 1) Receive public comments on the proposed Agreement, 2) Consider staff's comments for inclusion into the Agreement, a. If the Board decides to include staff's comments in the Agreement, direct staff to work with the Town of Hillsborough to amend the language of the version the Town Board adopted, then move to #3 and #4 below. b. If the Board decides not to include staffs comments in the Agreement, move to #3 and #4 below. 3) Approve the Resolution ratifying the Interlocal Agreement and authorize the Chair to sign the Agreement, and 4) Direct staff to move forward on implementation by completing the tasks listed in Article 2 of the Agreement. Attachment 1 .ri Hillsborough -Orange County r ~~ ~ °~ Interlocal Agreement Initiative MEMORANDUM TO: Craig Benedict, Orange County Planning Director Margaret Hauth, Hillsborough Planning Director FROM: Roger Waldon, Clarion Associates SUBJECT Status Report and Transmittal of Draft Products DATE: February 19, ?1QD~9 This memorandum offers an update on the status of work of the Hillsborough-Orange Interlocal Agreement Steering Committee, and transmits draft products for consideration. Summary of Initiative Hillsborough and Orange County set this process in motion early in 2008, following completion of a jointly prepared Strategic Growth Plan for areas surrounding Hillsborough. These initiatives are the latest in a series of successful collaborations between Hillsborough and Orange County on growth management issues. On May 5, 2008, a Steering Committee that had been jointly appointed by the two boards met for the first time to begin preparation of a draft Interlocal Agreement. The Hillsborough Town Board and the Board of County Commissioners reconvened this Steering Committee with an interest in conducting more outreach and making the process of developing this agreement transparent. The purpose of the agreement would be to establish a formal framework for collaborative planning, and to put in place mechanisms for sharing decision- making responsibilities in the growth areas surrounding Hillsborough's Town Limits. The product of the committee's work was to be a draft agreement and a map showing areas of jurisdiction, for consideration by our two boards. A key objective was to allow affected property owners to understand and be comfortable with this process, and to have full information about what is under consideration. Town of ells gh ~`'``s ~ ~~'•. ~r~~ CA~s~a! 5 Interlocal Agreement Steering Committee Status Report February 19, 2009 Page 2 Process This. Steering Committee met on a monthly basis, and scheduled a series of four Public Information meetings at key points in our discussions. Background information, analysis, and recommendations were prepared for the committee's consideration. We scheduled the information meetings on different dates and times (late afternoons as well as evenings), in multiple locations to make it as convenient as possible for citizens to come by to get information and provide comments. The result of this work is the set of materials ready to present to a Joint Meeting of the Hillsborough Town Board and the Orange County Board of Commissioners. Included in the packet for this meeting are: • A Draft Interlocal Agreement; • A map suggesting boundaries for the various jurisdictional arrangements discussed in the Draft Agreement; and • A summary of the most recent set of Public Information Meetings Summary of Recommendations The key points in the recommendations: Adjustments would be made to Hillsborough's Extraterritorial Jurisdiction boundary that would remove existing Extraterritorial Jurisdiction designations in areas where Hillsborough is not likely to grow, and expand Extraterritorial Jurisdiction in places where it does not now exist but which are directly in the path of Hillsborough's near- term growth. The proposed shifts would represent generally equivalent acreage being added and taken away. • A boundary for Hillsborough's growth and annexation would be established. • Boundaries would be drawn for areas of joint review of development proposals Next Steps Following tonight's presentation and discussion, it would be helpful if each of the material is referred to each of the two boards for individual consideration. Once an agreement is finalized and executed, work can begin to implement the new system. Town: of His ~h ~'~l4 Ea~s~a6r 6 7 DRAFT 2/ 19/09 Hillsborough-Orange Interlocal Land Management Agreement Central Orange Coordinated Area THIS AGREEMENT, made and entered into this day of , 2009, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, and the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE I. PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Central Orange Coordinated Area, as defined herein. Section 1.2 Definitions A. Central Orange Coordinated Area. The area displayed on the attached map labeled as Exhibit A. B. Hillsborough Jurisdiction. Areas that are either within the Town Limits of Hillsborough, or within Hillsborough's Extraterritorial Area. The Town of Hillsborough is responsible for adopting and administering land use regulations within these areas. The area under Hillsborough's Jurisdiction may be amended over time either as annexation occurs, or as changes are made to the Town's Extraterritorial Area boundary. On the attached Exhibit A, areas within Hillsborough's jurisdiction are shown in shades of gray. C. Orange County Jurisdiction. All areas included in the attached map labeled as Exhibit A which are not within Hillsborough's Jurisdiction as defined above. Orange County is responsible for adopting and arranging for administration of land use regulations in this area. D. Hillsborough Urban Services Area. An area, shown on the attached map labeled as Exhibit A, which includes properties that are currently within the Hillsborough Jurisdiction, and also areas in the Orange County Jurisdiction that are expected to 8 develop according to municipal standards, within which it is anticipated that municipal services will be provided, and within which property is expected to be annexed into the Town Limits of Hillsborough as development occurs. It is not expected that Hillsborough will extend water and. sewer service outside of this Urban Services Area except for reasons of public health, safety, and general welfare. E. Hillsborou~~i Urbanizing_ Area. A portion of the Hillsborough Urban Services Area, as shown on the attached map labeled as Exhibit A, but outside the area designated as "Hillsborough Jurisdiction," within which Hillsborough development standards will be applied as described in this Agreement. Property is expected to be annexed into the Town Limits of Hillsborough as development occurs. (Shown in the color blue on Exhibit A.) F. Orange County Urbanizing. A portion of the Hillsborough Urban Services area, as shown on the attached map labeled as Exhibit A, but outside the area designated as "Hillsborough Jurisdiction" and outside the area labeled "Hillsborough Urbanizing Area," within which Coun development standards will be applied as described in this Agreement. Annexation is .possible. Public utilities may be extended as feasible. (Shown in the color orange on Exhibit A.) G. Existing Water Service Area Outside Urban Services Area. An area shown on the attached map labeled as Exhibit A which currently is served by Hillsborough's municipal water system, but which is outside the boundary of the Hillsborough Urban Services Area, and for which it is not intended that other municipal services will be provided, and for which annexation is not intended. H. Notification Area. All areas included within the Central Orange Coordinated Area boundary as shown on the attached map labeled Exhibit A, but which are not located within any of the areas defined in paragraphs E through H above. (Shown in white on Exhibit A.) There will be no annexation of property within the Notification Area. I. Central Orange Coordinated Area Land Use Plan. Aland use plan to be adopted by the parties to this agreement subsequent to enactment of this agreement for the areas on Exhibit A shown in blue, orange, and white (all land within the Central Orange Coordinated Area except that which is within Hillsborough's jurisdiction), and as may be amended from time to time. Section 1.3 Effective Date and Duration A. This Agreement shall become effective upon signatures of the parties. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of either party. Subject to 2 9 termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal with thirty (30) days notification of the hearing, followed by action ,and written notice to the other party not sooner than thirty (30) days following the closing of the public hearing. The withdrawal shall be effective one (1) year following receipt by the other party of the written notice. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner, all steps (including but not limited to preparation and adoption of Zoning Maps and all required land use ordinance amendments) required to cause this Agreement to become effective, and will notify the other party with those steps have been taken. ARTICLE 2. ACTIONS SUBSEQUENT TO EXECUTION OF AGREEMENT The parties to this agreement shall initiate work to complete the following, subsequent to execution of this agreement: Section 2.1. Adoption of Joint Land Use Plan A. Hillsborough shall adopt a Land Use Plan designating future land use for the Hillsborough Urbanizing Area and the Orange County Urbanizing Area (areas shown in blue and orange in Exhibit A), inviting comments from the Orange County Board of Commissioners. B. Upon receipt of the adoption described in Section 2.1.A, the Orange County Board of Commissioners shall consider endorsing the land use designations adopted by Hillsborough, adding land use designations for the Notification Area (area shown in white on Exhibit A). C. Both parties, Hillsborough and Orange County shall then either (1) Each adopt the composite land use plan if deemed to be acceptable; or (2) If one or both parties desire changes to be made to the recommendations, the parties shall arrange for negotiation and agreement on such changes followed by joint approval. Section 2.2. Adjustment of Hillsborough Extraterritorial Jurisdiction A. Hillsborough shall prepare a request to submit to Orange County, offering to relinquish existing Extraterritorial Jurisdiction as part of County action to adjust the ETJ boundary as shown on Exhibit A, and requesting extension of Extraterritorial Jurisdiction as shown on Exhibit A. 10 B. Upon receipt of the request described in Section 2.1.A, Orange County shall take action to amend the Hillsborough Extraterritorial Jurisdiction boundary, as shown in Exhibit A. Section 2.3. Adoption of Zoning and Subdivision Regulations A. Following the land use designations of the jointly adopted Land Use Plan described in Section 2.1 above, Hillsborough shall adopt zoning and subdivision regulations (including amendments to the Zoning Map) for application to ETJ areas, and recommend Orange County adoption of zoning and subdivision regulations (including amendments to the Zoning Map) for the Hillsborough Urbanizing Area and the Orange County Urbanizing Area (areas shaded blue and orange on Exhibit A). B. Upon receipt of the actions described in Section 2.3.A and following the land use designations of the jointly adopted Land Use Plan described in Section 2.1 above, Orange County shall take action to amend zoning and subdivision regulations (including amendments to the Zoning Map) for application to the Hillsborough Urbanizing Area, the Orange County Urbanizing Area, and the Notification Area (areas shaded blue, orange and white on Exhibit A), including areas for which Hillsborough Extraterritorial Jurisdiction has been rescinded. ARTICLE 3. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 3.1. Standards Within the Hillsborough Urbanizing Area (shown in blue on Exhibit A) A. Hillsborough shall prepare a Zoning Map for that portion of the Urban Services Area that lies within the Hillsborough Urbanizing Area and shall recommend its adoption by Orange County. Upon approval and adoption of this Zoning Map by Orange County as prescribed in Subsection B of this Section, this shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond to the text of the Hillsborough Zoning Ordinance. B. Upon completion of the Zoning Map referred to in Section 3.1A, Orange County shall amend its Zoning Atlas in accordance with said Map. Orange County shall also adopt by reference the Hillsborough Zoning Ordinance and Subdivision Regulations and make those provisions applicable to the Hillsborough Urbanizing Area. 4 11 Section 3.2. Standards Within the Orange County Urbanizing Area (shown in orange on Exhibit A) Within the Orange County Urbanizing Area, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 3.6 of this Agreement. Section 3.3. Standards Within the Notification Area (shown in white on Exhibit A) Within the Notification Area, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 3.6 of this Agreement. Section 3.4. Permit Administration within the Hillsborough Urbanizing Area A. Except as otherwise provided in Sections 3.5 and 3.6, the Town of Hillsborough shall perform all functions related to the administration of the ordinances referenced in Section 3.1B. Subject to the remainder of this Section, Hillsborough shall administer the referenced ordinances just as if the land were located within the Town's planning jurisdiction. Administration shall include, but not be limited to, the following: 1. Receipt and processing of applications; 2. Consideration by applicable advisory and permit-issuing boards; 3. Issuance of any required permits and certifications; 4. Review and approval of required site/construction plans; 5. Conducting necessary site/building inspections; 6. Enforcement of all standards; 7. Any other acts or things necessary to administer the Ordinance; and shall ensure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the Town. The Town may also charge fees for processing applications, conducting site/construction plan reviews, and carrying out site/building inspections in accordance with fee schedules applicable within its planning jurisdiction. B. Whenever Hillsborough receives an application for a development permit as defined in this Agreement relating to land within the Hillsborough Urbanizing Area, it shall forward copies of the application to Orange County for review. Hillsborough shall establish timetables to ensure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing, as described in Exhibit B, 12 an existing Courtesy Review agreement; provided, however, the Town may not vote to issue or deny a permit until it has received the recommendations of Orange County or until the expiration of sixty (60) days after Orange County has received the application, whichever comes first. Section 3.5. Permit Administration Within the Orange County Urbanizing Area (shown in blue on Exhibit A) A. Except as otherwise provided in Section 3.8 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 3.2.. B. Whenever Orange County receives an application for a development permit as described in the "Courtesy Review Agreement" attached as Exhibit B, relating to land located within the Orange County Urbanizing Area, it shall forward copies of the application to Hillsborough for review. The County shall establish timetables to ensure that Hillsborough has an opportunity to make recommendations regarding such applications within the framework of Hillsborough's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing; provided, however, the County may not vote to issue or deny a permit until it has received the recommendations of Hillsborough or until the expiration of sixty (60) days after Hillsborough has received the application, whichever comes first. C. Whenever Orange County receives an application for a development permit relating to land located within the Notification Area it shall forward copies of the application to Hillsborough for informational purposes. Section 3.6. Permit Administration Within the Notification Area (shown in white on Exhibit A) A. Except as otherwise provided in Section 3.8 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 3.2. B. Whenever Orange County receives an application for a development permit as described in the "Courtesy Review Agreement" attached as Exhibit B, relating to land located within the Notification Area, it shall forward copies of the application to Hillsborough for informational purposes. Section 3.7 Enforcement Remedies A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. 6 13 B. Within those portions of the Hillsborough Urbanizing Area where the ordinances specified in Section 3.1B are administered by Hillsborough, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by Hillsborough. Hillsborough shall have the duty to defend at its own expense and shall indemnify and hold harmless, to the extent that it can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their. official and individual capacities, from any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, resulting from the Town's administration of the ordinances specified in Section 3.1B. C. Orange County shall notify Hillsborough and Hillsborough shall notify the County as soon as practicable thereafter of any such claim, action or proceeding. Section 3.8 Land Use Plan Amendments The process for amending the Joint Land Use Plan shall be the same as the process for initially adopting the plan, as spelled out in Section 2.1. Section 3.9 Ordinance and Zoning Map Amendments A. Proposed amendments to the Zoning Ordinance or Zoning Map applicable to properties within the Hillsborough Urbanizing Area shall be initiated by or referred to Hillsborough. No such amendment may become effective until after it has been adopted by both Orange County and the Town of Hillsborough, following a joint public hearing by both governing bodies. In reviewing and taking action on such proposed amendments, the adopted Joint Land Use Plan shall be considered in good faith as a guide to decision-making. B. Proposed amendments to the Zoning Ordinance or Zoning Map applicable to properties within the Orange County Urbanizing Area shall be initiated by or referred to Orange County and adopted in accordance with the procedures set forth in County ordinances. No such amendment may become effective until after it has been adopted by both Orange County and the Town of Hillsborough, following a joint public hearing by both governing bodies. In reviewing and taking action on such proposed amendments, the adopted Joint Land Use Plan shall be considered in good faith as a guide to decision-making. C. Whenever Hillsborough proposes to amend the text of its Zoning Ordinance or Subdivision Regulations, Hillsborough shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his/her designee, this thirty (30) day period may be reduced to not less than ten (10) days. Unless Orange County files a written objection on or before the date of the public hearing on the proposed 7 14 ordinance amendment, then adoption of the amendment by Hillsborough shall automatically effect a corresponding amendment to the ordinance adopted by reference by Orange County as provided in Section 3.1 C. If Hillsborough adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes expeditiously so that Hillsborough may continue to enforce within its portion of the Urbanizing Area the same standards that it enforces within its own planning jurisdiction. In the event of objection by Orange County as provided herein, no such amendment shall be effective within the Hillsborough Urbanizing Area until it is adopted by Orange County. Amendments shall be made in consideration of and consistent with the Joint Land Use Plan. D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Urbanizing Areas (i.e., those ordinances adopted by reference pursuant to Section 3.1B). Amendments to the ordinances referenced in Section 3.1B by Orange County may be accomplished only pursuant to Subsection C above (including adoption by Orange County following a request to do so by Hillsborough). Any petitions or requests to amend these ordinances received by the County or initiated by the County shall be referred to Hillsborough. E. Proposed amendments to the text of this Agreement shall not become effective until approved by Hillsborough and Orange County. ARTICLE 4. LIMITATIONS ON ANNEXATIONS Except pursuant to the written consent of both parties to this Agreement, Hillsborough may not annex land outside of the Urbanizing Area boundaries (whether by voluntary or involuntary annexation or any other method authorized by law), nor shall any party seek special legislation accomplishing such annexation. THIS AGREEMENT entered into this day of , 2009. Chair, Orange County Board of Commissioners Attest: Mayor, Town of Hillsborough Attest: 8 ___ __ Town of HillsboroughlOrange County Strategic Growth Plan Phase II Exnit~tA Central Orange Coordinated Area (.eye!tnd Lkde River Protaded Watsrshed '~vr,~ Proposed Central Orange ""EU'seo Existing 1 unit 12 ac Q Coordinated Area Boundary = 33,875 ac ~ Ab pans i (White area = 24,412 ac) Q Proposed Urban Servbe Area = 9,483 as 'o ~ m Proposed ETJ Boundary ~ ~ ~ ' Proposed ETJ Areas to be Added = 624 ac. _ [' I Urban Services Areal ~ " j Proposed ETJ Areas to be Deleted =489 ac. ( Annexation Boundary ~ ~µvs II Proposed Orange County Existing t unit ! 1 ac -Urbanizing Areas = 1,909 ac ~ , pens` Proposed Hillsborough ~o g ~ Lower Eno Protected Watersh»d .:. , Urbanizing Areas =1,118 ac. z - ~~ ~p ' s ) Existing 1 unY / 1 ac ; t; Dens ~ s ,..._ _._ ~ .. Existing Rural Residential ~ ~~!" ~' 1 . 4 Existing Agricultural Residential •: ~. ~4. , ~ _ _ --~ ~ ~ Existing JPA Rural BrAfer r ~.,_ 3 4 _ Existing Eno River State Park ~~""'~- • " ~ " [ ' -- ~} i Existing Water Service Area ~ "~ ~ uss* I Outside Urban Senices Area = 638 ac. ~ F ~,':` ,~./ co~U us ~o ~ ~ ExistingAdoptl;dSmallAreaPlanAreas .~ EIIanU ~ ~p S wcorrewsT -Existing Hillsborough Town Limits = 3,303 ac ~i~`^.r' + rv' ~~ ~ _ Exlatinq Hillsborough ETJ areas 2 918 a ` ~' ~ ''~ W xu+c ss ~ - ~ J`' ~ I _~ ~ ~,i 66SI~OW Cp681Nr~p ph aEN pN ~' _ ~ it .NFSI Tkk KU e' ~ Upper Eno ''i'i ,; ~ CrRical Area ~ us "" ~ ~ .-, Existing lunit / 2 ac ~ `~,'aE '~~ j •' ~' -,` Dans` ~.o '•ya9 ~ p " r FF. 165 0 '~ ~ ~ )a ~ ¢',.r-. ! f . ,.. - 't~ ~ ~ _ __ r _ _ _ i~ ~ c ~ Y .~ r ~F ~ l~ ` ;~~OF ~ ~ ~ n I f ~ .~__ ~ ,,~ ~ t~-~ t . g -~.. ,~ " ~ -~ ~~ ~ ~-~~i ~` 8 ~, ~ t En© ~ i ~,P° Existing, until, ac ~~; $ ~ °t°NCno ~` ~DD . ~ ' ~rl ~ Cane Crwk Protected Watershed ~ ` ~ . ~ _ _ ~. t and Critical Arw ' t ~,~ o 4" "., A' Existing 1 unR 15 ac' ~ , ~ ~1 ; ' , t;. ` ,, v Dans~Alter t sl 10 ao, ~ ~ t ~~ , {'r ~r~ t Y ~ ~~,, ~ ~ _ ~ ti .' ~ Jorda k a ~ !p?.CAUr!iY:Pl~lntlq+m'u~edais'~?D._t ~ ~ r~'¢k" {<..r*x~a 4 `~.+~'! ,t~+."}~ ~~~'~ ~ CHICA! n'~ e a a's 6Arp Plepar6d oy Mhillrii plibruary ~ "'w ~ ~1 '' ~c _ 1 .: f~ ~ ~, r "~ ,~ ~ ~, ~ ~ ~: ~,,: OC Joint Plmnirp t~aelCralha stw t~ o ' ~ ~ ° , T ~s ~ ;~ b ;~ ,Agreement (JPA) Rural Buffer ~ . :. a~w ' _., ~• .. .y . , ;: ~, NaRiAineric`on'1963 l~l ~ ~ ~ ~ ~ ' ~ ;, " ~,~, ~ ~' ~.~' ~ ~ • `~-'7 ~~ Existin 1 unt f 3 ac ~ ., "` - -- --- - -.__ ~ - _ -1 ---- ___` __ . _ ~I_____ ._._____ - Central Orange Coordinated Planning Area Town of Hillsborough (TOH)/Orange County (OC) Strategic Growth Plan Phase II ~~ w~' o ~~ ~ ~3 ~~ v, ca c ~e o` a`~ o D ~ ~~~ `y ~`R w Q~'~ C~ ~~ . V ~ a y ~ J ~ e ° v+ ~ Q Q Q- ~ ~ Q Hillsborough Dark Gray Town Limits TOH TOH Y' Y Y N M 3303 Hillsborough Light Gra ETJ TOH TOH YZ Y Y N M 2918 Added Town Li ht Gra Backward Hatch ETJ OC--TOH TOH YZ Y Y Y M 624 Hillsborough Blue Urbanizing OC TOH YZ Y Y Y Y 1118 Orange Co. Orange Urbanizing OC OC YM3 YM Y Y Y 1909 Orange Co. Light Blue Hybrid Area OC OC Y N4 N Y N 638 Deleted Light Gray Forward Hatch Town ETJ TOH--OC OC N N N Y N 489 Joint Interest White Area OC OC N N5 N Y N 24412 ' Available and Committed Water. z Available Water. s Water, if additional water allocations found, water conservation of existing, WASMPBA a Within Orange County or Town of Hillsborough long term interest area proposal s Part is within #4 area SGRC =Strategic Growth Rural Conservation (Receiving) (aka TDR) Y = Yes; N = No; M =Possible. Courtesy Review in all areas above (Acreages corrected on April 15, 2009) ~ 17 EXI-IIBIT B: COURTESY REVIEW AGREEMENT THIS AGREEMENT, made and entered into this day of , 200_, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method to foster coordinated planning between Orange County and the Town of Hillsborough. Further, the process is intended to provide a forum for discussion of development impacts and exchange information and ideas. This agreement does not provide for joint approval. Section 1.2 Definitions A. Courtesy Review Area. The area designated on the Courtesy Review Area Land Use Map and attached hereto as Exhibit A. (As across-reference this is the area also noted on the Water and Sewer Management, Planning and Boundary Agreement map as the Town of Hillsborough's primary service area.) Within the Courtesy Review Area, the Town of Hillsborough's Land Use Plan will apply to land within its corporate limits and extraterritorial planning jurisdiction (ETA. Orange County's Land Use Plan will apply in the remainder of the Courtesy Review Area. B. Development proposal. Development permit proposals that are to be reviewed under this agreement must meet at least one or more of the following criteria: Z:~ProjectsUntcrgovemmeutal AgreeementHillsborough-Or~gelAgieement~Exhibit B -Courtesy Review Agreement-2006.doc 1 18 1. Land use amendment involving five (5) acres, 2. Rezoning involving five (5) acres, 3. Special Use Permit or Master Plan involving five (5) acres, 4. Conditional Use Permits involving five (5) acres, 5. Annexations involving five (5) acres, 6. Projects with a residential component of greater than 50 dwelling units. 7. Modifications to any of the above applications or permits requiring board action. Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective upon adoption of an ordinance by the elected officials of the Town of Hillsborough and Orange County to its effect. Any previously adopted Agreements in conflict with this Agreement shall become null and void upon this date. The Courtesy Review Area Map in Appendix A to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Withdrawal of one party shall absolve the remaining party to satisfy conditions under the Agreement. ARTICLE 2. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS All proposed developments noted in Section 1.2B shall be submitted for courtesy review in the following areas: A. Aforesaid Courtesy Review Map area outside of Hillsborough's ETJ, B. Within the Town of Hillsborough's town limits and extra-territorial jurisdiction. Section 2.1 Request for Joint Meeting Either jurisdiction may request a joint meeting of the elected boards to discuss a development proposal subject to courtesy review. The request shall be made in writing by the reviewing jurisdiction when comments are submitted or in writing by the approving jurisdiction upon receipt of comments. When either party requests a joint meeting, the approving jurisdiction Z:~Projects~Intecgoveromental Agreeement~H>7lsborough-OrangeWgreement~Exhibit B -Courtesy Review Agreement-2006.doc 2 19 agrees to delay its approval process for the project in question for no more than 90 days in order to accommodate the joint meeting. If such a meeting is scheduled, the developer will provide five (5) additional copies of the development proposal application. Section 2.2 Proposal Administration within the Courtesy Review Area A. Whenever Hillsborough receives an application for a development proposal as defined in this Agreement relating to land within the Courtesy Review Area, it shall forward two (2) copies of the full application and associated materials to Orange County planning staff for review within two (2) working days of a completed application being submitted. Comments shall then be returned to the Town of Hillsborough planning staff within five (5) working days for inclusion in the Hillsborough planning board and/or town board agenda packet. 1. In the case of a voluntary annexation, the application is complete upon receipt of Letter of interest from the property owner/representative. 2. In the case of an involuntary annexation, the Town of Hillsborough will notify the Orange County planning department at the time that they notify the effected property owners of the intent to annex. 3. The Town of Hillsborough will forward a copy of all staff reports regarding the feasibility of the annexation, whether voluntary or involuntary, to the Orange County Planning Department as part of the notification. B. Whenever Orange County receives an application for a development permit as defined in this Agreement relating to land within the Courtesy Review Area, it shall forward two (2) copies of the full application and associated materials to Town of Hillsborough planning staff for review within two (2) working days of a completed application being submitted. Comments shall then be returned to the Orange County planning staff within five (5) working days for inclusion in the Orange County planning board and/or county commissioner's agenda packet. Section 2.3 Substance of Comments A. The Town of Hillsborough may make comments on a development proposal within the jurisdiction of Orange County covered under this Agreement on certain matters of concern. These matters of concern shall include, but not be limited to: 1. Utility capacity and efficiency Z:~RrojectsUntcrgovemmental AgreeemenAHillsborough-OrangeWgreement~Fxhibit B -Courtesy Review Agreement-2006.doc 3 20 a) Town of Hillsborough staff will provide written confirmation of availability and/or constraints of utility capacity for development proposals requesting Town of Hillsborough utility access that are within the jurisdiction of Orange County. b) If the development proposal requests utility service from the Town of Hillsborough, the Town of Hillsborough Board of Commissioners agrees to provide written notice of intention to provide or not provide utility service to the proposed development to the Orange County planning staff within two (2) months of receipt of development proposal application. Orange County may require confirmation of intention to provide utility service to the proposed new development from the Town of Hillsborough as a condition of preliminary plan approval. 2. Transportation issues. (traffic and road capacity, access to mass transit, etc.) B. Orange County may make comments on a development proposal within the jurisdiction of the Town of Hillsborough covered under this Agreement on certain matters of concern. These matters of concern shall include, but not be limited to: 1. School capacity and planning 2. Emergency management services 3. Transportation issues (traffic and road capacity, access to mass transit, etc.) 4. Fiscal Impact on county/contractual public service provision including but not limited to social services, health services, senior citizen services, parks and recreation services. 5. Land Use Compatibility and Joint Planning Study Implementation 6. Environmental resources Section 2.4 Reservation of Utility Capacity for Review Purposes 1. An applicant within Orange County's jurisdiction desiring Hillsborough water and sewer service shall independently petition the Town for reservation of utility capacity following a Concept Plan approval by the Planning Board. 2. The Hillsborough Town Board will decide within 2 month of receiving the petition whether to formally reserve utility capacity for a project based on Z:~Projects~intergovernmental Agreeement\Hillsborough-OrangeWgreemenflFxlubit B -Courtesy Review Agreement-2006.doc 4 21 a preliminary concept plan. Water use will be projected based on the concept plan. 3. T'he reservation of utility capacity shall be valid for no more than 2 calendar years unless the reservation is extended through mutual agreement of the Town Board and the applicant. 4. Within the two-year period, the applicant and Town have the opportunity to negotiate a water and sewer extension contract in accordance with adopted town policies and fee schedules. If a contract is not adopted within the reservation period, the Town will cease reserving capacity for the development. Section 2.5 Enforcement Remedies. Development proposal revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original development approval. Z:~ProjectsUntergovemmental Agreeement~I-Iillsborough-OrangeWgreement\Exhibit B -Courtesy Review Agncment-2006.doc Excerpt of Minutes Pertaining to Interlocal Agreement APPROVED 4/7/2009 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS HILLSBOROUGH BOARD OF COMMISSIONERS JOINT MEETING February 19, 2009 7:30 p.m. Attachment 2 22 The Orange County Board of Commissioners met for a Joint Meeting with the Town of Hillsborough Commissioners on Thursday, February 19, 2009 at 7:30 p.m. in the Link Government Services Center, in Hillsborough, North Carolina. COUNTY COMMISSIONERS PRESENT: Chair Valerie P. Foushee, Vice-Chair Mike Nelson and Commissioners Alice Gordon, Pam Hemminger, Barry Jacobs, Bernadette Pelissier, and Steve Yuhasz COUNTY COMMISSIONERS ABSENT: COUNTY ATTORNEYS PRESENT: Geof Gledhill COUNTY STAFF PRESENT: County Manager Laura Blackmon, Assistant County Managers Willie Best and Gwen Harvey, and Clerk to the Board Donna S. Baker (All other staff members will be identified appropriately below) HILLSBOROUGH COMMISSIONERS PRESENT: Mayor Tom Stevens and Commissioners Eric Hallman, Michael Gering, Brian Lowen, and Evelyn Lloyd HILLSBOROUGH COMMISSIONERS ABSENT: Frances Dancy HILLSBOROUGH STAFF PRESENT: Town Manager Eric Peterson NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE PERMANENT AGENDA FILE IN THE CLERK'S OFFICE. 2. Interlocal Agreement for Hillsborough Strategic Growth Plan -Phase II -Report from the Interlocal Agreement Committee Margaret Hauth introduced Roger Waldon with Clarion and Associates, who has been helping with this second phase of the Strategic Growth Plan. Roger Waldon thanked Eric Hallman and Commissioner Jacobs for their leadership on this steering committee. He said that the inter jurisdictional work is great in Orange County and it is a~ model. He made reference to the brief summary in the packet. He said that the key point is establishing an urban services area for Hillsborough. He said that there were a number of public information sessions and he was pleased with the reaction. He pointed out the Summary of Recommendations (in attachment 2): Summary of Recommendations The key points in the recommendations: - Adjustments would be made to Hillsborough's Extraterritorial Jurisdiction boundary that would remove existing Extraterritorial Jurisdiction designations in areas where Hillsborough is not likely to grow, and expand Extraterritorial Jurisdiction in places where it does not now exist but which are directly in the path of Hillsborough's near- 23 term growth. The proposed shifts would represent generally equivalent acreage being added and taken away. - A boundary for Hillsborough's growth and annexation would be established. - Boundaries would be drawn for areas of joint review of development proposals. Craig Benedict pointed out areas on the map of the potential urban services area. Craig Benedict said that in all of the blue, orange, and white areas, there would be a joint land use plan and there would be agreement about what uses would be in those areas. Roger Waldon said that this has been good planning and the. hope is that the two boards would consider the agreement and the map. Craig Benedict reiterated that this is an agreement to do something and not putting lines on a map or changing land uses or zoning at this time. Attachment 3 24 Appendix A Water and Sewer Management Planning and Boundary Agreement ,, ~ i rover Boundaries: Hillaboroup~ Primary Swviu Ana OWASA LonpTertn merest Ane Orarpa County Primary Senics Ana OWASA Primary Service Ana Oronae Courtly Lap~Tarm Interest Arw lure) Buller kwndary 1 2 o Miles inch = 1.000929 miles :werr prexY,p.pa rrspw~ms ownmrw re.re Sbaera, M41em cormM. 7de2 arowrrraw.o arpr rar Urean Sarvw Bamtlry pnpre0 er came IMSaMa rtnevr Q'9~^d Map PrepraE b y BsM MrFrled O1M 797 Attachment 4 25 COCA Outside Urban Service Area (USA) Acreages for Watershed Areas Legend Orange County Planning and Insperiions Department GIS Map Prepared by Miriam Coleman, April 15, 2009 Projectlorc. North Caroline State Plane (feet) Dalum: North American 1983 Q Proposed Urban Service Area Cane Creek Protected = 1.5 Jordan Lake Unprotected =147.5 ac Q Little River Protected =70.0 ac Lower Eno Protected = 5,006.5 ac Q Lower Eno Unprotected = 9,068.3 ac Upper Eno Critical = 6,435.4 ac Upper Eno Protected = 3,672.3 ac 26 COCA outside Urban Service Area (USA) Acreages for Land Use Legend Q Proposed Urban Service Area Proposed Urban Service Area = 9,463 ac. - 10 yr transition; 10yr transition; 10yr transition/Existing VVS outside USA; 10yr transition 20 yr transition; 20yr transition; 20yr transition Agricultural Residential ~_, ~ Rural Residential 77//N Orange County Planning and Inspedions Depadmen[ GIS Map Prepared by Miriam Coleman, P.pol 15, 2009 Projection: North Carolina State Plane (feet) Dalum: Nodh Pmedcan 1983 Amendments Proposed by Orange County Staff (in Track Changes Format) Attachment 5 2 ~ Hillsborough-Orange interlocai Land Management Agreement Central Orange Coordinated Area THIS AGREEMENT, made and entered into this day of , 2009, by and between the COUNTY OF ORANGE, a political subdivision of the State of North. Carolina, and the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing~ra coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE I. PURPOSE, DEFINITIONS, EFFECTNE DATE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Central Orange Coordinated Area, as defined herein. Section 1.2 Definitions A. Central Orange Coordinated Area. The area displayed on the attached map labeled as Exhibit A. B. Hillsborough Jurisdiction. Areas that are either within the Town Limits of Hillsborough, or within Hillsborough's Extraterritorial Area. The Town of Hillsborough is responsible for adopting and administering land use regulations within these areas. The area under Hillsborough's Jurisdiction may be amended over time either as annexation occurs, or as changes are made to the Town's Extraterritorial Area boundary. On the attached Exhibit A, areas within Hillsborough's jurisdiction are shown in shades of gray. C. Orange County Jurisdiction. All areas included in the attached map labeled as Exhibit A which are not within Hillsborough's Jurisdiction as defined above. Orange County is responsible for adopting and arranging for administration of land use regulations in this area. D. Hillsborou Urban Services Area. An area, shown on the attached map labeled as Exhibit A, which includes properties that are currently within the Hillsborough Jurisdiction, and also areas in the Orange County Jurisdiction that are expected to 28 develop according to municipal standards, within which it is anticipated that municipal services will be provided, and within which property is expected to be annexed into the Town Limits of Hillsborough as development occurs. It is not expected that Hillsborough will extend water and sewer service outside of this Urban Services Area except for reasons of public health, safety, and general welfare. E. Hillsborough Urbanizing Area. A portion of the Hillsborough Urban Services Area, as shown on the attached map labeled as Exhibit A, but outside the area designated as "Hillsborough Jurisdiction," within which Hillsboroush development standards will be applied as described in this Agreement. Property is expected to be annexed into the Town Limits of Hillsborough as development occurs. (Shown in the color blue on Exhibit A.) F. Orange Countv Urbanizing Area. A portion of the Hillsborough Urban Services area, as shown on the attached map labeled as Exhibit A, but outside the area designated as "Hillsborough Jurisdiction" and outside the area labeled "Hillsborough Urbanizing Area," within which Coun development standards will be applied as described in this Agreement. Annexation is possible. Public utilities maybe extended as feasible. (Shown in the color orange on Exhibit A.) G. Existing Water Service Area Outside Urban Services Area. An area shown on the attached map labeled as Exhibit A which currently is served by Hillsborough's municipal water system, but which is outside the boundary of the Hillsborough Urban Services Area, and for which it is not intended that other municipal services will be provided, and for which annexation is not intended. H. Notification Area. All areas included within the Central Orange Coordinated Area boundary as shown on the attached map labeled Exhibit A, but which are not located within any of the areas defined in paragraphs E through H above. (Shown in white on Exhibit A.) There will be no annexation of property within the Notification Area. I. Central Orange Coordinated Area Land Use Plan. Aland use plan to be adopted by the parties to this agreement subsequent to enactment of this agreement for the areas on Exhibit A shown in blue, orange, and white (all land within the Central Orange Coordinated Area except that which is within Hillsborough's jurisdiction), and as may be amended from time to time. Section 1.3 Effective Date and Duration A. This Agreement shall become effective upon signatures of the parties. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of either party. Subject to 2 29 termination provisions of this Agreement, annexation provisians of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal with thirty (30) days notification of the hearing, followed by action and written notice to the other party not sooner than thirty (30) days following the closing of the public hearing. The withdrawal shall be effective one (1) year following receipt by the other party of the written notice. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner, all steps (including but not limited to preparation-and adoption of Zoning Maps and all required land use ordinance amendments) required to cause this Agreement to become effective, and will notify the other party with those steps have been taken. ARTICLE 2. ACTIONS SUBSEQUENT TO EXECUTION OF AGREEMENT The parties to this agreement shall initiate work to complete the following, subsequent to execution of this agreement: Section 2. I. Adoption of Joint Land Use Plan A. Hillsborough shall adopt a Land Use Plan designating future land use for the Hillsborough Urbanizing Area and the Orange County Urbanizing Area (areas shown in blue and orange in Exhibit A}, inviting comments from the Orange County Board of Commissioners. B. Upon receipt of the adoption described in Section 2.1.A, the Orange County Board of Commissioners shall consider endorsing the land use designations adopted by Hillsborough, adding land use designations for the Notification Area (area shown in white on Exhibit A). C. Bath parties, Hillsborough and Orange County shall then either (1) Each adopt the composite land use plan if deemed to be acceptable; or (2) If one or both parties desire changes to be made to the recommendations, the parties shall arrange for negotiation and agreement on such changes followed by joint approval. Section 2.2. Adjustment of Hillsborough Extraterritorial Jurisdiction A. Hillsborough shall prepare a request to submit to Orange County, offering to relinquish existing Extraterritorial Jurisdiction as part of County action to adjust the ETJ boundary as shown on Exhibit A, and requesting extension of Extraterritorial Jurisdiction as shown on Exhibit A. 3 30 B. Upon receipt of the request described in Section 2.i.A, Orange County shall take action to amend the Hillsborough Extraterritorial Jurisdiction boundary, as shown in Exhibit A. Section 2.3. Adoption of Zoning and Subdivision Regulations A. Following the land use designations of the jointly adopted Land. Use Plan described in Section 2.1 above, Hillsborough shall adopt zoning and subdivision regulations (including amendments to the Zoning Map) for application to ~ ETJ areas, and recommend Orange County adoption of -zoning and subdivision regulations (including amendments to the Zoning Map) for the Hillsborough Urbanizing Area and the Orange County Urbanizing Area (areas shaded blue and orange on Exhibit A). Additionally. Hillsborough shall revise its Zoning Ordinance pertaining to membership on its Planning Board and Board of Adjustment to provide for appointment of one (1) Orange County Urbanizing Area representative on each of these boards. B. Upon receipt of the actions described in Section 2.3.A and following the land use designations of the jointly adopted Land Use Plan described in Section 2.1 above, Orange County shall take action to amend zoning and subdivision regulations (including amendments to the Zoning Map) for application to the Hillsborough Urbanizing Area, the Orange County Urbanizing Area, and the Notification Area (areas shaded blue, orange and white on Exhibit A), including areas far which Hillsborough Extraterritorial Jurisdiction has been rescinded ARTICLE 3. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 3.i. Standards Within the Hillsborough Urbanizing Area (shown in blue on Exhibit A) A. Hillsborough shall prepare a Zoning Map for that portion of the Urban Services Area that lies within the Hillsborough Urbanizing Area and shall recommend its adoption by Orange County. Upon approval and adoption of this Zoning Map by Orange County as prescribed in Subsection B of this Section, this shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond to the text of the Hillsborough Zoning Ordinance. B. Upon completion of the Zoning Map referred to in Section 3.1A, Orange County shall amend its Zoning Atlas in accordance with said Map. Orange County shall also adopt by reference the Hillsborough Zoning Ordinance and Subdivision Regulations and make those provisions applicable to the Hillsborough Urbanizing Area 4 31 Section 3.2. Standards Within the Orange County Urbanizing Area (shown in orange on Exhibit~A) Within the Orange County Urbanizing Area, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 3-3_9 of this Agreement. Development within the Orange County Urbanizing Area is intended to occur under Orange CountLr regulations prior to any annexation of lands by the Town of Hillsborough. Section 3.3. Standards Within the Notification Area (shown in white on Exhibit A} Within the Notification Area, the Orange County Zoning Ordinance {including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 33;9 of this Agreement. Section 3.4. Permit Administration within the Hillsborough Urbanizing Area shown in blue on Exhibit A) A. Except as otherwise provided in Sections 3.5 and 3.6, the Town of Hillsborough shall perform all functions related to the administration of the ordinances referenced in Section 3.1B. Subject to the remainder of this Section, Hillsborough shall administer the referenced ordinances just as if the land were located within the Town's planning jurisdiction. Administration shall include, but not be limited to, the following: 1. Receipt and processing of applications; 2. Consideration by applicable advisory and permit-issuing boards; 3. Lssuance of any required permits and certifications; 4. Review and approval of required site/constructionpians; 5. Conducting necessary site/building inspections; 6. Enforcement of all standards; 7. Any other acts ar things necessary to administer the Ordinance; and shall ensure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the Town. The Town may also charge fees for processing applications, conducting site/construction plan reviews, and carrying out site/building inspections in accordance with fee schedules applicable within its planning jurisdiction. B. Whenever Hillsborough receives an application for a development permit as defined in this Agreement relating to land within the Hillsborough Urbanizing 5 32 Area, it shall forward copies of the application to Orange County for review. Hillsborough shall establish timetables to ensure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing, as described in Exhibit B, an existing Courtesy Review agreement;--~e~ed; provided, however, the Town may not vote to issue or deny a permit until it has received the recommendations of Orange County or until the expiration of sixty (60} days after Orange County has received the application, whichever comes first. Section 3.5. Permit Administration Within the Orange County Urbanizing Area (shown in orange on Exhibit A) A. Except as otherwise provided in Section 3.8 and the remaining provisions of this Section, Orange CourRty shall perform all functions related to the administration of the ordinances referenced in Section 3.2. B. Whenever Orange County receives an application for a development permit as described in the "Courtesy Review Agreement" attached as Exhibit B, relating to land located within the Orange County Urbanizing Area, it shall forward copies of the application to Hillsborough for review. The County shall establish timetables to ensure that Hillsborough has an opportunity to make recommendations regarding such applications within the framework of Hillsborough's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing; provided, however, the County may not vote to issue or deny a permit until it has received the recommendations of Hillsborough or until the expiration of sixty (60) days after Hillsborough has received the application, whichever comes first. .11Note: covered below in 3.6.B} ~ Section 3.6. Permit Administration Within the Notification Area (shown in white on Exhibit A} A. Except as otherwise provided in Section 3.8 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 3.2. B. Whenever Orange County receives an application for a development permit as described in the "Courtesy Review Agreement" attached as Exhibit B, relating to Land located within the Notification Area, it shall forward copies of the application to Hillsborough for informational purposes. 6 33 Section 3.7 Enforcement Remedies A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. B. Within those portions of the Hillsborough Urbanizing Area where the ordinances specified in Section 3.1B are administered by Hillsborough, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shad be initiated by Hillsborough. Hillsborough shall have the duty to defend at its own expense and shall indemnify and hold harmless, to the extent that it can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boazds and staffs, in their official and individual capacities, from any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, resulting from the Town's administration of the ordinances specified in Section 3.1B. C. Orange County shall notify Hillsborough and Hillsborough shall notify the County as soon as practicable thereafter of any such claim, action or proceeding. Section 3.8 Land Use Plan Amendments The process for amending the Joint Land Use Plan shall be the same as the process for initially adopting the plan, as spelled out in Section 2.1. Section 3.9 Ordinance and Zoning Map Amendments A. Proposed amendments to the Zoning Ordinance or Zoning Map applicable to properties within the Hillsborough Urbanizing Area shall be initiated by or referred to Hillsborough. No such amendment may become effective until after it has been adopted by both Orange County and the Town of Hillsborough, fallowing a jaint public hearing by both governing bodies. In reviewing and taking action an such proposed amendments, the adopted Joint Land Use Plan shall be considered in good faith as a guide to decision-making. B. Proposed amendments to the Zoning Ordinance or Zoning Map applicable to properties within the Orange County Urbanizing Area shall be initiated by or referred to Orange County and adopted in accordance with the procedures set forth in County ordinances. No such amendment may become effective until after it has been adopted by both Orange County and the Town of Hillsborough, following a joint public hearing by both governing bodies. In reviewing and taking action on such proposed amendments, the adopted Joint Land Use Plan shall be considered in goad faith as a guide to decision-making. 7 34 C. Whenever Hillsborough proposes to amend the text of its Zoning Ordinance or Subdivision Regulations, Hillsborough shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his/her designee, this thirty (30) day period maybe reduced to not less than ten (I O) days. Unless Orange County files a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by Hillsborough shall automatically effect a corresponding amendment to the ordinance adopted by reference by Orange County as provided in Section 3.IE. If Hillsborough adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes expeditiously so that Hillsborough may continue to enforce within its portion of the Urbanizing Area the same standards that it enforces within its own planning jurisdiction. In the event of objection by Orange County as provided herein, no such amendment shall be effective within the Hillsborough Urbanizing Area until it is adopted by Orange County. Amendments shall be made in consideration of and consistent with the Joint Land Use Plan. D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Urbanizing Areas (i.e., those ordinances adopted by reference pursuant to Section 3.1B). Amendments to the ordinances referenced in Secrion 3.1B by Orange County may be accomplished only pursuant to Subsection C above {including adoption by Orange County following a request to do so by Hillsborough). Any petitions or requests to amend these ordinances received by the 'County or initiated by the County shall be referred to Hillsborough. E. Proposed amendments to the text of this Agreement shall not become effective until approved by Hillsborough and Orange County. ARTICLE 4. LIMITATIONS ON ANNEXATIONS Except pursuant to the written consent of both parties to this Agreement, Hillsborough may not annex land outside of the Urbanizing Area boundaries (whether by voluntary or involuntary annexation or any other method authorized by law), nor shall any party seek special legislation accomplishing such annexation. THIS AGREEMENT entered into this day of , 2009. Chair, Orange County Board of Commissioners Attest: Mayor, Town of Hillsborough 8 Attachment 6 35 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION APPROVING AN INTERLOCAL AGREEMENT WHEREAS, Orange County and the Town of Hillsborough worked cooperatively to prepare a Strategic Growth Plan for areas surrounding the Town of Hillsborough; and WHEREAS, a Strategic Growth Plan Report (dated November, 2006) was produced and called for preparation of an Interlocal Agreement; and WHEREAS, North Carolina Session Law 1987-233 authorizes Orange County and its municipalities to engage in joint planning programs and to enter into annexation agreements; and WHEREAS, said Session Law requires any agreement be reduced to writing and ratified by resolution of the governing body of each unit that is a party to the agreement; and WHEREAS, a steering committee was appointed in Spring of 2008 and tasked with developing an agreement to promote coordinated planning in central Orange County between Orange County and the Town of Hillsborough; and WHEREAS, said steering committee completed its task in early 2009. NOW THEREFORE BE IT RESOLVED by the Orange County Board of Commissioners that the attached document entitled "Hillsborough-Orange Interlocal Land Management Agreement Central Coordinated Area" is hereby approved. Adopted by Orange County: This the day of , 2009. Valerie Foushee, Chair Orange County Board of Commissioners Donna Baker County Seal: Clerk to the Orange County Board of Commissioners