HomeMy WebLinkAboutAgenda - 05-12-1998 - 1ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 12, 1998
Action Agenda
Item No.
SUBJECT: Issues for Discussion as Identified by County and Town Commissioners
DEPARTMENT: County Manager PUBLIC HEARING: (Y/N)
BUDGET AMENDMENT: (YIN)
ATTACHMENT(S):
4/22/98 Town Manager Memo
5/6/98 County Manager Letter
5/5/98 County Attorney Letter
INFORMATION CONTACT:
John Link, ext 2300
TELEPHONE NUMBERS:
Hillsborough 732 -8181
Chapel Hill 968 -4501
Durham 688 -7331
Mebane 227 -2031
PURPOSE: To discuss issues of mutual interest identified by members of the Orange County and
Town of Hillsborough Boards of Commissioners.
BACKGROUND: County and Townstaffs solicited feedback from members of the County and
Town Boards of Commissioners regarding topics for discussion at the May 12, 1998 joint work
session of the two boards. The following issues have been identified for discussion:
a) Identification of Parcels to be Annexed by Hillsborough - Town officials are requested to review
the status of the satellite annexation of property in the vicinity of possible landfill sites OC -9
and OC -11, including maps depicting the parcels involved.
b) Possible Annexation of Fairview Community Park - Discussion of request by Fairview citizens
that the park be annexed by the Town.
c) Proposed Fairview Park Community Center - Discussion of i-iillsborough Commissioners'
consideration of constructing a Fairview Community Center, and the possibility of collaboration
with Orange County to site the facility in Fairview Park.
d) Possible Expansion of Fairview Park - Discussion of,ising Counv; Park Bond funds for a
feasibility study of an active sports complex or expanded recreational facilities at Fairview Park.
e) River Park Steering Committee Appointments - One elected official from each board is needed
to serve on this committee.
f) Naming of River Park - Discussion of a process for naming this park.
2
g) Solid Waste Enforcement Issues - Paragraphs under the first and third subheadings of the
attached May 6, 1998 letter from the County Manager to the Town Manager explain the
County's views of responsibilities related to enforcement regarding rodent infestations and
illegal dumping.
h) Zoning Enforcement of Property at Corbin/Churton Streets - The third and fourth paragraphs of
the attached May 5, 1998 letter from the County Attorney reflect the County's view of zoning
enforcement responsibility for the property at the southwest corner of this intersection.
RECOMMENDATION(S): The Manager recommends that the Board discuss the issues
identified by governing board members and provide appropriate direction to staff.
I Town
of
H1115
TO: John Link, Orange County Manager
FROM: Eric Peterson, Hillsborough Town Manager
DATE: April 22, 1998
SUBJECT: Requested Agenda Items for Joint County/Town Meeting on May 12
These are the items the Hillsborough Board of Commissioners would like to include on the agenda for our
May 12`h joint meeting with the Orange County Board of Commissioners:
1) Possible Annexation of the Fairview Community Park: This is an issue the Fairview residents
requested in their "Call to Action" Report. The basis for the neighborhood's request is so the Police
Department will have more flexibility (authority) to deal with problems if the park is within the
corporate limits of Hillsborough.
2) Consider the idea of placing the Proposed Community Center at the Fairview Park: If the
Hillsborough Board of Commissioners decides to fund the construction of the Fairview Community
Center in this year's budget, one option it ma,Y consider is requesting permission from the County to
place the Center in the current park. This option could benefit the Park by 1) Improving police
protection (since the Police Department could use the Center as a sub - station, especially the
Community Policing Officers) which may increase use of the park and decrease undesirable activity
in that area; 2) Placement of the Center in an "active" location would ideally increase interaction
between the community, Police/Sheriffs Departments, and local governments; and 3) Many different
opportunities would be created where the Park and Center could be used to compliment each other
(e.g., community events, meetings ,etc.). This would especially be true if the Fairview Park is
expanded in the future. is this a project Orange County may be interested in cooperating with the
Town of Hillsborough?
3) Discuss ideavissues related to expanding Fairview Park: This includes the possibility of using Park
Bond funds to pay for a feasi'oility study or' an active ;ports complex or expanded recreational facilities
at this location. Residents ,n the Fairview Corr : niry have also expressed an interest in having the
County provde additional playground equipment for small child.:en in the park, as well as
improved/regular maintenance.
4) Discuss appointment of Representatives to the River Park Steering Committee: The Town and
County each need to appoint an elected official to serve on this corgi =l=ee.
5) Discuss the Selection of a Name for River Park
6) Discuss Solid Waste Enforcement Issues in the County: The Town has received numerous complaints
from residents within the ETJ regarding trash accumulation that has led to rodent infestations.
cc: Mavor Johnson & the Hillsboroutrh Board of Commissioners
ORANGE COUNTY
HILLSBOROUGH
NORTH CAROLINA
May 6, 1993
Mr. Eric Peterson
Town Manager
Town of Hillsborough
PO Box 429
Hillsborough, NC 27278
Dear Eric:
��ta6�sd 1752
In February, the Mayor wrote to the Chair of the Board of County Commissioners regarding
concerns about various enforcement issues within Hillsborough's Extraterritorial Planning
Jurisdiction. This letter is intended to provide clarification of the extent of certain County
enforcement authority and responsibility in unincorporated Orange County, within Hillsborough's
ETJ, and within Hillsborough's corporate limits.
Animal Control Issues r,
We understand that the Tcrt irfiasreonc ns related td reports of rodent infestations and animal
carcasses. The Orange Cdi z Tealtl Department's responsibilities in'the.A�Frial Control area are
as follows: X
• Enforce the state statutes Fegarctingabies 'CaniolVCCrS'13�t - :t84 through 130A -200). This
includes provisions for. picking t7ptrayS; .eiifqreug rabies: vaccination requirements for
domestic pets, inctudi' g rabies tags; and vicious animal confinemex' A orders.
• Enforce the state statkites regaidine lty
The Health Department provides ihese'services- regardless ormunicipality boundaries.
?Laimai Control does not anywhere in the county pick -up or remove dead carcasses from private or
public property, other than to send them for rabies testing (limited to raccoons, skunks, foxes, dogs,
cats, bars or other rabies taming animals). There are no state re_ulations regarding the disposal of
wild anin _-A carcasses, however private property owners are encouraged to bury carcasses in the
sarie _y4,, ;hat the state requires property owr:ers to bury domestic anima: carcasses. In the case of
dead ar_"mals on roadways, it is NCDOT's responsibility to pick -up anima! carcasses on state -
maintained roads.
Individual property rodent infestations are no: considered a general public health hazard and are the
responsibility of the individual property owner. In other areas of the state these problems are
generally dealt with through the creation and enforcement of local ordinances. Orange County does
not have such an ordinance. Hillsborough certainly could consider adopting one.
Planning/Zoniu, Issues
With respect to the issue of building code enforcement in the Town of Hillsborough, within the
Town's ETJ, and with specific reference to recent inquiries concerning the structure at the
southwest quadrant of Churton Street/Corbin Street, I invite your attention to the accompanying
letter from the County Attorney. In brief, it emphasizes that planning/zoning enforcement issues
within Hillsborough's corporate limits and ETJ are Hillsborough's responsibility - they are the
County's responsibility in areas beyond the Town's ETJ.
Solid Waste Issues
The Solid Waste Management Ordinance for Orange County was approved May 18, 1993. The
purpose of the ordinance is to regulate the storage, collection, transportation, use, disposal and other
disposition of solid wastes in Orange County. The ordinance was adopted pursuant to the authority
contained in G.S. 153A -121 — 121.1, —136, —274 through — 278, and -291 through —293, and 130A-
309.09, — 309.09A, — 309.09B, and 309.09D. The ordinance is applicable throughout unincorporated
Orange County, but does not apply within the corporate limits of any municipality in Orange
County. The Solid Waste Management Ordinance is enforced jointly by the Orange County
Sheriffs Department and the Public Works Department.
The Orange County Public Works Department receives periodic inquiries, concerns and complaints
(typically by telephone) regarding the proper management of solid waste. These typically fall into
one of two main areas:
• Illegal dumping (i.e., bags of household waste, loads of construction/ demolition waste, etc.);
• Accumulated trash (i.e., property owner or tenant allows waste materials to accumulate on their
property such that it causes a concern for neighbors).
A standard reporting form is used to record each inquiry received by the Public Works Department.
Public Works staff obtains specific information regarding each inquiry (i.e., location, property
owner information, type of waste material, etc.). Each incident of accumulated trash is investigated
to verify the nature and extent of the problem and to determine if there has been a violation under
the provisions of the Solid Waste Management Ordinance. If the property owner or tenant is
present, they are advised of the need to remove the accumulated waste. If the owner or tenant is not
present, they are advised by registered letter of the need to clean up the property in question. The
letter indicates that the property in question was inspected and advises of the provisions of the Solid
Waste Ordinance that pertain to the case in question, as well as the penalties prescribed by the
ordinance for violations. A copy of each letter is forwarded to the Sheriffs Department. The
property owner is given a deadline by which the violation must be corrected. The property is
reinspected by Public Works Department staff following the deadline. If the violation has not been
corrected, the Orange County Sheriffs Department is contacted and additional enforcement action
is taken. To date, all property owners have complied with written notices.
Each incident of illegal dumping is also investigated by the Sheriff s Department and/or the Public
Works Department. Attempts are made to identify the possible perpetrator through disposed mail,
magazine mailing labels, etc. If a name and address can be determined, a telephone call is placed,
or a letter is directed to the individual advising them that dumped trash with items identifying them
as the owner was found and advising them that they must collect and remove the dumped items
Planning4oninQ Issues
With respect to the issue of building code enforcement in the Town of Hillsborough, within the
Town's ETJ, and with specific reference to recent inquiries concerning the structure at the
southwest quadrant of Churton Street/Corbin Street, I invite your attention to the accompanying
letter from the County Attorney. In brief, it emphasizes that planning/zoning enforcement issues
within Hillsborough's corporate limits and ETJ are Hillsborough's responsibility - they are the
County's responsibility in areas beyond the Town's ETJ.
Solid Waste Issues
The Solid Waste Management Ordinance for Orange County was approved May 18, 1993. The
purpose of the ordinance is to regulate the storage, collection, transportation, use, disposal and other
disposition of solid wastes in Orange County. The ordinance was adopted pursuant to the authority
contained in G.S. 153A -121 — 121.1, —136, —274 through — 278, and —291 through —293, and 130A-
309.09, — 309.09A, — 309.0913, and 309.09D. The ordinance is applicable throughout unincorporated
Orange County, but does not apply within the corporate limits of any municipality in Orange
County. The Solid Waste Management Ordinance is enforced jointly by the Orange County
Sheriffs Department and the Public Works Department.
The Orange County Public Works Department receives periodic inquiries, concerns and complaints
(typically by telephone) regarding the proper management of solid waste. These typically fall into
one of two main areas:
• Illegal dumping (i.e., bags of household waste, loads of construction/ demolition waste, etc.);
• Accumulated trash (i.e., property owner or tenant allows waste materials to accumulate on their
property such that it causes a concern for neighbors).
A standard reporting form is used to record each inquiry received by the Public Works Department.
Public Works staff obtains specific information regarding each inquiry (i.e., location, property
owner information, type of waste material, etc.). Each incident of accumulated trash is investigated
to verify the nature and extent of the problem and to determine if there has been a violation under
the provisions of the Solid Waste Management Ordinance. If the property owner or tenant is
present, they are advised of the need to remove the accumulated waste. If the owner or tenant is not
present, they are advised by registered letter of the need to clean up the property in question. The
letter indicates that the property in question was inspected and advises of the provisions of the Solid
Waste Ordinance that pertain to the case in question, as well as the penalties prescribed by the
ordinance for violations. A copy of each letter is forwarded to the Sheriffs Department. The
property owner is given a deadline by which the violation must be corrected. The property is
reinspected by Public Works Department staff following the deadline. If the violation has not been
corrected, the Orange County Sheriff's Department is contacted and additional enforcement action
is taken. To date, all property owners have complied with written notices.
Each incident of illegal dumping is also investigated by the Sheriffs Department and/or the Public
Works Department. Attempts are made to identify the possible perpetrator through disposed mail,
magazine mailing labels, etc. If a name and address can be determined, a telephone call is placed,
or a letter is directed to the individual advising them that dumped trash with items identifying them
as the owner was found and advising them that they must collect and remove the dumped items
ORANGE COUNTY
HILLSBOROUGH
NORTH CAROLINA
n r
l /anc�ar S ff.
May b, 1998
Mr. Eric Peterson
Town Manazer
Town of Hillsborough
PO Box 429
Hillsborough, NNC 27278
Dear Eric:
Gsta6�al>4d 17-52
In February, the Mayor wrote to the Chair of the Board of County Commissioners regarding
concerns about various enforcement issues within Hillsborough's Extraterritorial Planning
Jurisdiction. This letter is intended to provide clarification of the extent of certain County
enforcement authority and responsibility in unincorporated Orange County, within Hillsborough's
ETJ, and within Hillsborough's corporate limits. L'
Animal Control Issuesx
u =,.
We understand that the c uirIias�:cancerns related to reports of ro&-nt infestations and animal
carcasses. The Orange CQliriiHeattii D�paruaent's iesp4rLS2biltties �:'the �Animal Control area are
as follows: _ 2 -
:;
• Enforce the state statuteregardigg Rabies "ConroiTGtrS i'-'ItA 1$4 thz-ugh 130A -200). This
includes provisions for pickingup,strays, e i sreirig rallies vaccination regturements for
domestic pets, inctudiiz� rabies: tags; grid viezous?ammal confinement orders:
Y -
• Enforce the state statiites regaz�du t nirt�al£ruelt (NC6�,14 -364):
The Health Department provtdesthese services regardless o-f u' nicipality boundaries.
Animal Control does rot anywhere in the county pick -up or remove dead carcasses from private or
public property, other than to send them for rabies testing (limited to raccoons. skunks, foxes, dogs,
cats, bats or other rabies carrying animals). There are no state regulations regarding the disposal of
wild an'
,r:ul carcasses, however, private property- owners are encouraged to bury carcasses in the
sane .day tetat the state r;—quires property owners to bury domestic anima: carcasses. In the case of
dead ardmais on roadways. it is NCDOT's responsibility to pick -up anima: carcasses on state-
maintained roads.
Individual property rodent infestations are not considered a general public health hazard and are the
responsibility of the individual property owner. In other areas of the sta:,- these problems are
generally dealt with through the creation and enforcement of local ordinances. Orange County does
not have such an ordinance. Hillsborough certainly could consider adopting one.
and/or waste materials. The call or letter advises of the provisions of the ordinance that deal with
illegal dumping and the penalties involved. If not removed by the responsible party within a
specified period of time, and if located on the right -of -way or public property, the Public Works
Department or Department of Transportation will collect and remove the items and/or waste
materials. To date, violators who have been identified have complied. If the responsible party
cannot be determined from the contents of the dumped waste, and if the dumped waste is located on
public property, Public Works Department staff will collect and remove the material in question. If
located on private property, the property owner will be notified in writing of their responsibility to
remove the dumped waste.
I understand from County Public Works Director Wilbert McAdoo that on April 29, 1998, the
Public Works staff contacted Town Planning Director Margaret Hauth, to update the list of locations
in the ETJ that were of concern to the Town. The Public Works Director and Acting Assistant
Public Works Director visited each location the same day. The locations -visited, and the findings at
each are summarized below.
1. Daye Street/Faucette Mill Road. Ms. Hauth stated that this location had been cleaned up last
year. This site was visited with no violations found. No action required.
2. Rex Drive. Per Nis. Hauth, this problem was previously corrected. No action required.
3. Locust Street/Duke Power right -of -way. This site was visited with no violations found. Only
debris was tree limb /wood debris along Duke Power right -of -way, likely as a result of clearing
the right -of -way.
4. Latimer Street/King Edward Road. Ms. Hauth stated that this site had been cleaned up. This
site was visited with no violations found.
5. Orange Heights Loop/West Hill Avenue. This site was visited with no violations found.
6. Res Drive - first entrance to the right. This site was visited with no violations found.
The Town of Hillsborough Planning Department was requested to notify the Orange County Public
Works Department in writing regarding any fixture public requests or concerns with illegal dumping
and/or accumulated trash in the ETJ.
I hope that the foregoing information is helpful in resolving any questions regarding Town and
County responsibilities. Please let me know if you think we need to discuss any of the specifics in
more detail. I would appreciate your snaring this correspondence with your mayor and
commissioners in advance of next Tuesday ; ;,hr's m-1-1 inC of the two goveming boards.
zinc. °[eft,
? n M. Link, Jr.
GCounty _`tanager
cc: Orange County Commissioners
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
919- 132 -2t% May 5, 1998
FAX 919 -732 -7997
Mr. John M. Link, Jr.
Orange County Manager
Post Office Box 8181
Hillsborough, North Carolina 27278
FROM THE DESK OF
GEOFFREY E. GLEDHILL
RE: Ordinance Application and Enforcement - Hillsborough
and Orange County
Dear John:
In a letter dated February 18, 1998, Mavor Horace Johnson
wrote to the Board Chair "to express the concern of the
Hillsborough Board of Commission members about the handling of a
variety of enforcement issues within the Hillsborough
Extraterritorial Planning Area." The letter goes on to state
that various citizen complaints are being referred by County
staff to the Town of Hillsborough. The ccmplaints have to do
with "animal infestations, solid waste accumulations, and dumping
of animal carcasses and other debris" witi,in the Town's
Extraterritorial Planning jurisdiction.
Not addressed in Mayor Johnson's letter- but in a similar
vein, Orange County's former Planning Direccor had been
investigating press statements attributed to :Hillsborough Town
staff, the gist of which were that Orange County was responsible
for investigating building code violations in the Town of
Hillsborough. In the context of Mayor Johnson's le- - I have
aa"",:.ered the research that Marvin Collins had done on this point
and :ii 1_ take this oppor�.unity to report _ha-_ :es°_arch and _,my
conclusions about
Hillsborough's p'_anr__ng jurisdict_, _,n ex- :_..mss s
extr_c=rritorial jurisdiction boundary. _ ;.n_. _ oraz ,ance,
s1...- division regulations and building code rep -•laci ins +t ^e State
ate
Code) apply within the Town of :iii _��o =eugh a._d its cTJ.
ocher illsborough ordinances stop at
fl=ange County's zoning regulations, regulations and
b•.:i _- :ng code regulatic:ls (the State Bu- 1t'in, _ode; inc_ude those
p�;rtions of the unincorporated area of .he C`_nty outsize of the
c.roerate boundaries and the ETJs of all of towns and cities
located within Orange County. All other Count_ regulatory
ordinances are applicable in the unincorporated areas of the
County, including the ETJs of the towns and cities within the
County. There are a few instances of reciprocal resolutions and
Mr. John M. Link, Jr.
Page 2
May 5, 1998
agreement (cost sharing and otherwise) that make Orange County's
ordinances applicable within the Town limits. For example, the
Orange County Civil Rights Ordinance is applicable within the
Town of Hillsborough (and within the Towns of Carrboro and Chapel
Hill) and the Orange County Erosion Control Ordinance is
applicable within the Town of Hillsborough (and within the Towns
of Carrboro and Mebane and the City of Durham).
I have searched the records available at the office of the
Clerk to the Board, the Planning Department and my files and can
find presently that there are only several instances where County
ordinances are in effect in the planning jurisdiction of or in
the Town of Hillsborough. Orange County issues building permits
within Hillsborough's planning jurisdiction. It collects the
fees for the permits it issues and does building code inspections
related to those permits. However, the County and Hillsborough
have no agreement with respect to enforcement of the building
code. Orange County does no enforcement of State Building Code
violations within the Hillsborough planning jurisdiction. Orange
County issues erosion control permits within the Town's planning
jurisdiction. As with building code work, the County receives
any fees associated with the erosion control permitting and
project inspection process. However, unlike the building code,
there is an agreement between the Town and the County for the
County to do erosion control enforcement. The agreement with
respect to erosion control does not provide for the Town to share
the County's cost of enforcement beyond the permit fees collected
by the County.
With respect to County folks referring citizens to the Town
for non - planning ordinance complaints within the Town's ETJ, I
can only surmise what is happening. The County Planning
Department, the Animal Control Department and the Solid Waste
Department know the boundary of their respective ordinances. The
County's zoning enforcement program is, relatively speaking, a
rigorous one. A complaint of accumulation of material on
property located within the County's planning jurisdiction, in
some instances, may be handled by the County Zoning Enforcement
Officer as a zoning violation. If the County Zoning Enforcement
Officer is confronted with a complaint about the accumulation of
material on property located within the extraterritorial
jurisdiction of any of the towns, which complaint would cause him
to investigate if the property were located in the County's
planning jurisdiction, he would logically refer those complaints
to the towns. The County's Solid Waste Ordinance is in effect
everywhere outside Town limits. I am told by the Solid Waste
staff that they are responding to all complaints outside of the
Town limits. Dead animals and animal "infestations" are not
likely to be Animal Control Ordinance problems. However, the
Mr. John M. Link, Jr.
Page 2
May S, 1998
agreement (cost sharing and otherwise) that make Orange County's
ordinances applicable within the Town limits. For example, the
Orange County Civil Rights Ordinance is applicable within the
Town of Hillsborough (and within the Towns of Carrboro and Chapel
Hill) and the Orange County Erosion Control Ordinance is
applicable within the Town of Hillsborough (and within the Towns
of Carrboro and Mebane and the City of Durham).
I have searched the records available at the office of the
Clerk to the Board, the Planning Department and my files and can
find presently that there are only several instances where County
ordinances are in effect in the planning jurisdiction of or in
the Town of Hillsborough. Orange County issues building permits
within Hillsborough's planning jurisdiction. It collects the
fees for the permits it issues and does building code inspections
related to those permits. However, the County and Hillsborough
have no agreement with respect to enforcement of the building
code. Orange County does no enforcement of State Building Code
violations within the Hillsborough planning jurisdiction. Orange
County issues erosion control permits within the Town's planning
jurisdiction. As with building code work, the County receives
any fees associated with the erosion control permitting and
project inspection process. However, unlike the building code,
there is an agreement between the Town and the County for the
County to do erosion control enforcement. The agreement with
respect to erosion control does not provide for the Town to share
the County's cost of enforcement beyond the permit fees collected
by the County.
With respect to County folks referring citizens to the Town
for non - planning ordinance complaints within the Town's ETJ, I
can only surmise what is happening. The County Planning
Department, the Animal Control Department and the Solid Waste
Department know the boundary of their respective ordinances. The
County's zoning enforcement program is, relatively speaking, a
rigorous one. A complaint of accumulation of material on
property located within the County's planning jurisdiction, in.
some instances, may be handled by the County Zoning Enforcement
Officer as a zoning violation. if the County Zoning Enforcement
Officer is confronted with a complaint about the accumulation of
material on property located within the extraterritorial
jurisdiction of any of the towns, which complaint would cause him
to investigate if the property were located in the County's
planning jurisdiction, he would logically refer those complaints
to the towns. The County's Solid Waste Ordinance is in effect
everywhere outside Town limits. I am told by the Solid Waste
staff that they are responding to all complaints outside of the
Town limits. Dead animals and animal "infestations" are not
likely to be Animal Control Ordinance problems. However, the
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
A PROFESSIONAL CORPORATION
129 E. TRYON STREET
P. O. DRAWER 1529
HILLSBOROUGH, NORTH CAROLINA 27278
9t9- 732.2(96 May 5, 1998
FAX 9t9- 732 -7997
Mr. John M. Link, Jr.
Orange County Manager
Post Office Box 8181
Hillsborough, North Carolina 27278
FROM THE DESK OF
GEOFFREY E. GLEDHD -L
RE: Ordinance Application and Enforcement - Hillsborough
and Orange County
Dear John:
In a letter dated February 18, 1998, Mayo= Horace Johnson
wrote to the Board Chair "to express the concern of the
Hillsborough Board of Commission members about the handling of a
variety of enforcement issues within the Hillsborough
Extraterritorial Planning Area." The letter goes on to state
that various citizen complaints are being referred by County
staff to the Town of Hillsborough. The ccmplaints have to do
with "animal infestations, solid waste accumulations, and dumping
of animal carcasses and other debris" within -he Town's
Extraterritorial Planning jurisdiction.
Not addressed in Mayor Johnson's ?ette. but in a similar
vein, Orange County's former Planning irecccr had been
investigating press statements attributed to H.11sborough Town
staff, the gist of which were that Orange County was responsible
for investigating building code violations in the Town of
Hillsborough. In the context of Mayor Johnson's l =:ter I have
gathered the research chat Marvin Colllr.s '-.a4 �n this ocint
ar.d w.4-1-1 take this 0000rcunity_ to report Ana= _=s =arcs and my
conclusions about
Hillsborough's planning jurisdict e::__._ds cs
extraterritorial jurisdiction boundary. ^; ordinance,
subdivision regulations and building code ,'t ^e State
Building Code) apply within the Town, of _ _s..crc _-^ and its ETJ.
=.11 ocher Hillsborough ordinances stop a:
Orange County's zon_ng regulations, SuG_' :_s _= gulat_cnS and
building code regu''_acicns (t:1e State`' 3u-l_. :rte ^.G=; = nclude those
pertions Of the unincorporated area e= outside of- the
corporate boundaries and the ETJs of ai of towns an-4 cities
located within Orange County. All other Count_- regulatory
ordinances are applicable in the unincorporated areas of the
County, including the ETJs of the towns and cities within the
County. There are a few instances of reciprocal resolutions and
Mr. John M. Link, Jr.
Page 3
May 5, 1998
Animal Control Department knows that the County Animal Control
Ordinance is not applicable within the Town of Hillsborough and
refers complaints about animals to Hillsborough if it is
determined that the complaint involves an incident within the
Town.
Very truly yours,
COLEMM,O GLEDHILL & HARGRAVE, P.C.
offrey Gledhill
GEG /lsg
Xc: Margaret Brown
Moses Carey, Jr.
Bill Crowther
Alice Gordon
Stephen Halkiotis
lsg -12
linkord.ltr