HomeMy WebLinkAboutMinutes - 19910910 ORANGE- COUNTY COMMISSIONERS
P.O. Box 8181
HILLSBOROUGH, N.C.
27278
Moses Carey.Jr. 732-8181
Alice M. Cordon 968-4501
Stephen H. Halkiotis 688-7331
Verla I. Insko 227-2031
Don Willhoit 644-3004 (Fax)
JOINT WORK SESSION
BETWEEN
THE ORANGE COUNTY BOARD OF COMMISSIONERS
AND
THE HILLSBOROUGH TOWN COMMISSIONERS
A work session will be held jointly by the Orange County Board
of Commissioners and the Hillsborough Town Commissioners on
Tuesday, September 10, 1991 at 7: 30 p.m. in the Food Lab of the
Agricultural and Planning Building on Revere Road in Hillsborough.
A G E N D A
1. Opening Remarks
2. Relationship of Rural Character Strategies and the State
and local watershed protection regulations to the
Cooperative Planning Agreement
3 . Other related topics
YOU COUNT IN ORANGE COUNTY
SEP-10-1591 15;00 FROM ALICE CORDON TO BLYTHE - LINK P.01
MEMORANDUM
To: Participants in the Cooperative Planning Wwrk Session
From: Alice Gordon tako-
i
Subject: Cooperative Planning Agreement
Date: September 10, 1991
Since I will not be able to attend the wark session this
evening, let me share with you my thoughts on the Cooperative
Planning Agreement.
A. Agreement Text
In my opinion the agreement is in fairly good shape, so
there is just one point I would like to make concerning the text.
I believe that the Open Space Area in the Hillsborough CPZ should
be clearly distinguished from the Rural Buffer 'Area in the Chapel
Hill-Carrboro JPA, so that the two are obviousIly distinct land
use types. Therefore, I believe all reference td "rural" in the
Open Space Area should be deleted and we shoud instead refer to
areas that are not expected to become urban" or are not
projected to require urban services." We should also emphasize
that the purpose of this area is to permanently]preserve open
space.
In Article I, Section 1. 2 -- D, "Open Space Area (page 2) the last
two sentences could thus be worded something !like this (changes
underlined):
The Open Space Area is further defined as land which,
although adjacent to an urban or transition area, is
not expected to become urban. will contain significant
a nts of ermanentl re erve o en p ace and
generally contain low density residentil Uses. This area
may be served by public water and sewet but soley for the
purpose of servicing large deyetoLments_ or a co r b nation
of small developments which have significant,
ermanentl ce
rved o n s a .
B. Rural Character Strategies
I think the agreement can be signed without specifying
Rural Character Strategies, if we agree that opt n space should be
permanently preserved. We may wish to work ollt a set of
strategies for preserving open space using an underlying density
of one acre (as opposed to two acres), but that take time.
TOTAL P.01
U iI U] '
J Li b L•
August 14, 1991
Revised August 21, 1991
THIS AGREEMENT, made and entered into this day of
199 , by and between the COUNTY OF ORANGE, a political subdivision
of the State of North Carolina (hereinafter sometimes referred to
as "the County" or "County" ) and THE TOWN OF HILLSBOROUGH, a
municipal corporation duly created and existing under the laws of
North Carolina (hereinafter sometimes referred to as "the Town" or
"Town" ) .
W I T N E S S E T H:
In consideration of the public benefits expected to flow from the
cooperative efforts of Orange County and Hillsborough in
establishing a coordinated and comprehensive system of planning
within their area of joint public concern, County and Town hereby
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 Orange County--
Hillsborough Cooperative Planning Area (hereinafter referred to as
"Cooperative Planning Area" ) , as defined herein.
Section 1 . 2 Definitions .
A. Cooperative Planning Area. The area designated on the
Cooperative Planning Area Land Use Map lying outside the
extraterritorial planning jurisdiction of Hillsborough.
The perimeter boundaries, the transition area boundaries
1
and the open space area boundaries of the Cooperative
Planning Area are shown on Exhibit A to this Agreement.
B. Cooperative Planning Area Land Use Plan. The Cooperative
Planning Area Land Use Plan to be developed jointly by
Orange County and Hillsborough and to be adopted by
Orange County and as it may be amended from time to time.
C. Cooperative Planning Area Land Use Map. The Cooperative
Planning Area Land Use Map, to be developed jointly by
Orange County and Hillsborough and to be adopted by
Orange County and as it may be amended from time to time.
D. Open Space Area. That portion of the Cooperative
Planning Area designated on the Cooperative Planning Area
Land Use Map as such and containing development options
as may be approved by Orange County from time to time.
The Open Space Area is further defined as land which,
although adjacent to an urban or transition area, is
generally rural and which will generally remain rural and
generally contain low density residential uses . This
area may be served by public water and sewer but solely
for the purpose of the development of large developments
or a combination of small developments with significant
preserved open space and that therefore tend to preserve
the rural nature of the area.
E. Transition Area. That portion of the Cooperative
Planning Area designated on the Cooperative Planning Area
Land Use Map as such. This area is further defined as
2
being in transition from rural to urban or already urban
in density. Urban services (public water and sewer and
other town services) are now provided to this area or are
projected to be provided to this area. This area is
further defined as likely to be annexed by Hillsborough
in the foreseeable future.
F. Development Permit. Major subdivision preliminary plat
approval and any discretionary permit (whether called
conditional or special use permit or some other term)
issued by the Orange County Board of Commissioners or
the Hillsborough Board of Commissioners .
G. Involuntary Annexation. Annexation authorized or
undertaken pursuant to Parts 2 and 3 of Article 4A of
Chapter 160A of the North Carolina General Statutes .
H. Voluntary Annexation. Annexation authorized or
undertaken pursuant to Parts 1 and 4 of Article 4A of
Chapter 160A of the North Carolina General Statutes .
Section 1 . 3 Effective Date and Duration.
A. Articles 1 and 2 of this Agreement shall become effective
on the effective date of an Orange County ordinance or
ordinances : ( 1) adopting this Agreement (after it has
been approved by Hillsborough) ; and (2 ) amending Orange
County's Zoning Ordinance (including Zoning Atlas) and
Subdivision Regulations as prescribed in Section 2 . 1 of
this Agreement; and (3) adopting the Cooperative Planning
Area Land Use Plan; and (4 ) adopting the Cooperative
3
Planning Area Land Use Map. Articles 3 and 4 of this
Agreement shall become effective- upon the execution of
this Agreement.
B. This Agreement shall remain in effect until terminated
by mutual agreement or by withdrawal of either party.
A party may withdraw from this Agreement at any time
before the adoption of the Cooperative Planning Area Land
Use Plan and the Cooperative Planning Area Land Use Map
thirty ( 30) days following written notice to the other
party. Any such withdrawal shall be effective thirty
(30) days following receipt by the party not withdrawing
of the notice of withdrawal . After the adoption of the
Cooperative Planning Area Land Use Plan and Cooperative
Planning Area Land Use Map, a party may not withdraw
until it holds a public hearing on the proposed
withdrawal followed by written notice to the other party
within thirty ( 30) days of the public hearing. Any such
withdrawal shall be effective one ( 1) year following
receipt by the party not withdrawing of the written
notice. Subject to termination provisions of this
Agreement, annexation provisions of this Agreement shall
be valid for not more than 20 years and may thereafter
be renewed.
C. Upon execution of this Agreement, the parties agree that
each will take, in a timely manner and without
unnecessary delay, all steps (including but not limited
4
to preparation and adoption of the Cooperative Planning
Area Land Use Plan, the Cooperative Planning Area Land
Use Map, Zoning Maps,, Zonin Ma s appointments of Transition Area
PP
representatives to the Hillsborough Planning Board and
Board of Adjustment and all required land use ordinance
amendments ) required to cause this Agreement to become
effective. Each party will notify the other party when
each step has been taken. Orange County will notify
Hillsborough by resolution when Articles 1 and 2 of this
Agreement become effective.
ARTICLE '2 ., ADOPTION, ADMINISTRATION AND
AMENDMENT OF STANDARDS
Section 2 . 1 Standards Within the Transition Area.
A. Hillsborough shall prepare a Zoning Map for the
Transition Area and shall recommend its adoption by
Orange County which, upon approval and adoption as
prescribed in Subsection B of this Section, 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 and which correspond with the density
designations and plan classifications as prescribed in
the adopted Cooperative Planning Area Land Use Plan and
the adopted Cooperative Planning Area Land Use Map.
B. Upon completion of the Zoning Map referred to in Section
2 . 1A, Orange County shall amend its Zoning Atlas in
5
accordance with said Map. Orange County shall also adopt
by reference the Hillsborough Zoning Ordinance and the
Hillsborough Subdivision Regulations and make their
provisions applicable to the Transition Area.
Section 2 . 2 Standards Within the Open Space Area.
Within the Open Space 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 until amended in accordance with Section 2 . 6 of this
Agreement.
Section 2 . 3 Permit Administration Within the Transition Area.
A. Except as otherwise provided in Sections 2 .5 and 2 . 6,
Hillsborough shall perform all functions related to the
administration of the ordinances referenced in Section
2 . 1B. Subject to the remainder of this Section,
Hillsborough shall administer the referenced ordinances
just as if the land were located within Hillsborough's
planning jurisdiction. Administration shall include but
not be limited to the following:
1 . Receipt and processing of development applications;
2 . Issuance of any required permits and certifications;
3 . Review and approval of required site/construction
plans;
4 . Conducting necessary site inspections ;
5 . Enforcement of all standards;
6
6 . Any other acts or things necessary to administer
the Ordinances;
and shall be carried out in a manner so as to insure that
a developer complies with all applicable ordinance
requirements and the terms and conditions of any permit
issued by the Town. The Town may charge fees for
processing applications, conducting site/construction
plan reviews, and carrying out site inspections in
accordance with fee schedules applicable within the
planning jurisdiction of the Town.
B. Whenever Hillsborough receives an application for a
development permit as defined in this Agreement relating
to land within the Transition Area it shall forward a
copy of the application to Orange County for review. The
Town shall establish timetables to insure 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; 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 forty-five (45) days after Orange County
has received the application, whichever occurs first.
7
Section 2 . 4 Permit Administration in the Open Space Area.
A. Except as otherwise provided in Section 2 . 6 and the
remaining provisions of this Section, Orange County shall
perform all functions related to the administration of
the ordinances referenced in Section 2 . 2 in the same
manner as if the land were located outside the
Cooperative Planning Area.
B. Whenever Orange County receives an application for a
development permit as defined in this Agreement relating
to land located within the Open Space Area, it shall
forward a copy of the application to Hillsborough for
review. The County shall establish timetables to insure
that the Town has an opportunity to make recommendations
regarding such applications within the framework of the
Town's regularly scheduled meeting dates. To the extent
possible, the timetable of the Town and the County shall
provide for simultaneous review to expedite application
processing; provided, however, Orange County may not vote
to issue or deny a permit until it has received the
recommendation of the Town or until the expiration of
forty-five ( 45) days after Hillsborough has received the
application, whichever occurs first.
Section 2 . 5 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.
8
B. Within those portions of the Cooperative Planning Area
where the ordinances specified in Section 2 . 1B are
administered by the Town, enforcement efforts through
the use of civil penalties, criminal penalties or
injunctive relief shall be initiated by the Town. The
Town shall have the duty to defend at its own expense
and shall indemnify and hold harmless, to the extent 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 2 . 1B.
C. Orange County shall notify Hillsborough and Hillsborough
shall notify Orange County as soon as practicable
thereafter of any such claim, action or proceeding.
Section 2 . 6 Text and Map Amendments .
A. Proposed amendments to the Cooperative Planning Area Land
Use Plan and/or the Cooperative Planning Area Land Use
Map may be initiated by (i) Orange County or (ii)
Hillsborough or (iii) any other person by filing a
request for such an amendment with Orange County. Any
petition or request to amend the Cooperative Planning
Area Land Use Plan received by the County shall be
9
referred to Hillsborough. No such amendment may become
effective, until after it has been adopted by Hillsborough
and Orange County following a joint public hearing by
both governing bodies . Orange County and Hillsborough
agree to periodically review the Cooperative Planning
Area Land Use Plan and the Cooperative Planning Area Land
Use Map to consider changing conditions and
circumstances . This review will take place at five (5)
year intervals unless some lesser or greater interval is
agreed by the County and the Town.
B. Except as provided herein, proposed amendments to the
text of the Orange County Zoning and Subdivision
Ordinances that are applicable within the Open Space Area
as well as proposed changes in zoning district
classifications (i.e. , zoning map changes) that affect
property within the Open Space Area shall be initiated
and adopted in accordance with the procedures set forth
in those County ordinances . All such proposals shall be
referred to Hillsborough for review and recommendation.
Orange County may not adopt such proposed amendments
until Hillsborough has made its recommendations, or until
the expiration of thirty (30) days following such
referral, whichever occurs first.
C. Whenever Hillsborough proposes to amend the text of its
Zoning Ordinance or Subdivision Regulations, it shall
deliver a copy of the full text of the proposed amendment
10
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 designate, this thirty ( 30) day period may
be reduced to not less than ten ( 10) days . Unless Orange
County files with Hillsborough 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 applicable ordinance adopted by
reference by Orange County as provided in Section 2 . 1B.
Any such objection shall be based on a determination by
Orange County that the proposed amendment is inconsistent
with the adopted Cooperative Planning Area Land Use Plan.
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 as expeditiously as reasonably
possible so that Hillsborough may continue to enforce
within the Transition 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
Cooperative Planning Area until it is adopted by Orange
County.
11
D. Orange County may not unilaterally amend the text of its
zoning or subdivision ordinances applicable to . the
Transition Area (i.e. , those ordinances adopted by
reference pursuant to Section 2 . 1B) . Amendments to the
ordinances referenced in Section 2 . 1B by Orange County
may be accomplished only pursuant to Section 2 . 6C
(including adoption by Orange County following a request
to do so by the Town) . Any petition or request to amend
these ordinances received by the County or initiated by
the County shall be referred to Hillsborough.
E. Within the Transition Area, changes in zoning
classifications may not be made unless and until an
ordinance approving a zoning map amendment making the
changes has been approved both by Hillsborough and Orange
County following a joint public hearing by the two
governing bodies . Requests for changes in zoning within
the Transition Area that are filed with the County shall
be referred to Hillsborough to initiate the amendment
process .
F. Proposed amendments to the text of this Agreement shall
not become effective until approved by Hillsborough and
until adopted by Orange County ordinance.
Section 2 . 7 Representation of Transition Area Residents .
Hillsborough shall revise its zoning Ordinance to provide that
at least one resident of the Transition Area shall be
appointed to Hillsborough's respective planning board and
12
board of adjustment, in the same manner as representation of
extraterritorial planning area residents is provided for in
the Town's zoning ordinance.
ARTICLE 3 . LIMITATIONS ON ANNEXATIONS
Section 3 . 1 No Annexation Into Open Space Area.
Except pursuant to the written consent of Orange County,
Hillsborough agrees that it will not annex into the Open Space
Area (whether by voluntary or involuntary annexation or by any
other method authorized by law) nor shall Hillsborough seek
special legislation accomplishing such annexation.
ARTICLE 4 . LIMITATIONS ON THE EXTENSION
OF PUBLIC WATER AND SEWER.
Section 4 . 1 Extensions of Public Water and Sewer.
Except pursuant to the written consent of Orange County,
Hillsborough agrees that it will not extend its public water
and sewer into the Open Space Area of the Orange County/Chapel
Hill/Carrboro Joint Planning Area or into the Upper Eno
Watershed. Except pursuant to the written consent of Orange
County, Hillsborough agrees that it will not extend its public
water and sewer into the Open Space Area of the Cooperative
Planning Area except consistent with the development options
for the Open Space Area adopted by Orange County from time to
time.
13
THIS AGREEMENT entered into this day of
199
Chair, Orange County Board of
Commissioners
ATTEST:
Clerk to the Board of Commissioners
Mayor, Town of Hillsborough
ATTEST:
Town Clerk
14
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