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HomeMy WebLinkAboutORD-2003-031 Development Open Burning Restrictions Zoning Subdivision Erosion ControlORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 27, 2003 001 Action Agenda Item No. L/ SUBJECT: Development Open Burning Restrictions (Zoning, Subdivision, Erosion Control) DEPARTMENT: Planning & Inspections ATTACHMENT(S): Proposed Amendments to the Zoning Regulations and Subdivision Ordinance Proposed Amendments to Soil Erosion and Sedimentation Control Ordinance PUBLIC HEARING: (YIN) Yes INFORMATION CONTACT: Craig Benedict, Director, Ext. 2592 Robert P. Davis, Planner III Ext 2580 TELEPHONE NUMBERS: Hillsborough 245 -2575 or 2585 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To hear staff report and public comments concerning the proposed Development Open Burning Restrictions to the Zoning Ordinance, Subdivision Regulations and Soil Erosion and Sedimentation Control Ordinance. BACKGROUND: In July of 2000 Orange County was authorized by the General Assembly, within the planning jurisdiction of the County (except in Carr and Cheeks precincts in the unincorporated area of the County), to regulate and prohibit the open burning of trees, limbs, stumps and construction debris associated with development activity. In September of 2002.the General Assembly expanded this regulatory authority to include Carr and Cheeks townships. Agricultural, horticultural, and silvicultural activities, which are exempt by law from the requirements of County permitting for subdivision, clearing, and development of land or construction of buildings within the planning jurisdiction of the County, are not subject to the County's authority to regulate open burning. Under this new regulatory power, Orange County can, after it amends its planning regulations, regulate and prohibit the open burning of trees, limbs, stumps and other construction debris associated with development and building activity. Pursuant to the Joint Planning Agreement, the permitting of development in the Joint Planning Area is performed by the County in the'Rural Buffer, by the Town of Chapel Hill in the Chapel Hill portion of the Transition Area and by Carrboro in the Carrboro portion of the Transition Area. Burning prohibition regulations in the town ordinances will, in effect, exercise the County's prohibition authority in the Transition Areas via the Joint Planning Agreement. Notification of these amendments to Chapel Hill and Carrboro will be through the normal agenda distribution of the meeting packet. 2 s2 Process: ' d 0 2 Public Hearing May 27, 2003 Ordinance Review Committee recommendation July 2, 2003 Planning Board Recommendation July 2, 2002 BOCC to make decision no sooner than August 19, 2003 FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision. RECOMMENDATION(S): The Planning Staff recommends APPROVAL of the proposed amendments. The Administration recommends that the proposed amendments be referred to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County Be it ordained by the Board of Commissioners of Orange County that the Orange County Zoning Ordinance and Subdivision Regulations are here by amended as follows: -------------------------------- Bold = Proposed Language Section 1. SUBDIVISION REGULATIONS. Amend Section IV -13-8 -a by adding new wording to read as follows: INTENT (6) No open burning of trees, limbs, stumps and construction debris associated with the development of the Subdivision. Section 2. SUBDIVISION REGULATIONS. Amend Section IV -B -8 -b by adding new wording to read as follows: LANDSCAPE PLAN REVIEW AND APPROVAL 9) Method of disposal of trees, limbs, stumps and construction debris associated with the development of the subdivision, which shall be by some method other than open burning. Section 3. SUBDIVISION REGULATIONS. Amend Section IV -13-8 -b by adding new language to the unnumbered penultimate paragraph to read as follows: LANDSCAPE PLAN REVIEW AND APPROVAL No subdivision shall be approved and no building permit shall be issued until the required landscape plan has been submitted and approved. No certificate of occupancy shall be issued until the landscaping according to the approved plan has been installed, inspected and approved by the county planning and inspections department, unless a performance bond or other acceptable guarantee of improvements such as an escrow agreement or letter of credit has been posted. Every subdivision approval shall contain as a condition of approval a prohibition of the open burning of trees, limbs, stumps and construction debris associated with the development of the subdivision. Section 4. SUBDIVISION REGULATIONS. Amend Section II DEFINITIONS to create a new definition as follows: OPEN BURNING OF TREES, LIMBS, STUMPS AND CONSTRUCTION DEBRIS ASSOCIATED WITH THE DEVELOPMENT OF THE SUBDIVISION - the disposal of limbs, stumps and construction debris associated with the development of the subdivision by means of outdoor fires. G: currentp lanning/robert/openbuming/buming ordinance- ToPublicHearing u ,� 4 Section 5. ZONING ORDINANCE. Amend Section 8.8 by adding new language to read as follows: e) Method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity; which shall be by some method other than open burning. Section 6. ZONING ORDINANCE. Amend Section 12.3 by adding new language to read as follows: i) Methods of disposal of trees, limbs, stumps and construction debris associated with the permitted activity, which shall be by some method other than open burning. Section 7. ZONING ORDINANCE. Amend Section 12.3 by adding new language after the unnumbered penultimate paragraph to read as follows: Plan Review and Approval No building permit shall be issued until the required landscape plan has been submitted and approved. No certificate of occupancy shall be issued until the landscaping is completed as certified by an on -site inspection by the Zoning Officer, unless a performance bond, letter of credit, or escrow agreement as a guarantee of improvements has been posted. Every building permit approval shall contain as a condition of approval a prohibition of the open burning of trees, limbs, stumps and construction debris associated with the permitted activity. Section 8. ZONING ORDINANCE. Amend Section 14.2.2 by adding new language to read as follows: f) Method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity; which shall be by some method other than open burning Section 9. ZONING ORDINANCE. Amend Section 14.2.3 by adding new language to read as follows: u) Methods of disposal of trees, limbs, stumps and construction debris associated with the permitted activity, which shall be by some method other than open burning. Section 10. ZONING ORDINANCE. Amend Section 14.3.1 by adding new language to read as follows: g. No open burning of trees, limbs, stumps and construction debris associated with the permitted activity. Section 11. ZONING ORDINANCE. Amend Section 21.4 by adding new language after the final paragraph to read as follows: Zoning Compliance Permit Required G: currentplanning /robertlopenbuming/buming ordinance- ToPublicHearing Application for Zoning Compliance Permit shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity; which shall be by some method other than open burning. The Zoning Compliance Permit shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted activity. Section 12. ZONING ORDINANCE. Amend Article 22 DEFINITIONS by creating a new definition to read as follows: OPEN BURNING OF TREES, LIMBS, STUMPS AND CONSTRUCTION DEBRIS ASSOCIATED WITH THE PERMITTED ACTIVITY -- shall be defined to be the disposal of limbs, stumps and construction debris associated with the permitted activity by means of outdoor fires. Section 13. That this ordinance be placed in the file of published ordinances. Section 14. This ordinance is effective upon adoption. NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision Regulations of Orange County" be adopted. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of , 2003. SEAL Clerk to the Board of Commissioners G: cutr entp lanning /robertlopenbuming/buming ordinance- ToPublicHearing 6"6 An Ordinance Amending the Soil Erosion and Sedimentation Control Ordinance Be it ordained by the Board of County Commissioners of Orange County that the Orange County Soil Erosion and Sedimentation Control Ordinance is hereby amended as follows: Bold = Proposed Language Section 1.. Amend Section 6 General Requirements for Areas Other Than University Lake Watershed to add new language as follows: A. Protection of Property - Persons(s) conducting land- disturbing activities shall take all reasonable measures to protect all public and private property from damage by such activities. The disposal of trees, limbs, stumps and construction debris associated with the activities shall be by some method other than open burning. This requirement shall apply to any areas to be disturbed, regardless of the size of the area to be uncovered. B. Erosion Control Plan Requirements - Prior to the commence- ment of any land- disturbing activity that will result in the uncovering of more than 20,000 square feet of land, the person(s) conducting the land- disturbing activity must prepare and submit an Erosion Control Plan for the proposed site. The Plan shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the activity; which shall be by some method other than open burning. The Plan must be approved and a Grading Permit obtained prior to the start of the disturbance. Section 2. Amend Section 6.1 General Requirements for University Lake Watershed to add new language as follows: A. Plan Requirements - Except as otherwise provided in subsection B., an erosion and sedimentation control plan shall be prepared and filed with and approved by the Erosion Control Division prior to the commencement of any land- disturbing activity with the University Lake Watershed. The Plan shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the activity; which shall be by some method other than open burning. B. Plan Waiver...The Erosion Control Officer shall issue the Plan Waiver Form if he finds that: 3. The proposed land- disturbing activity will not: e. involve open burning of trees, limbs, stumps and construction debris associated with the permitted activity. Section 3. Amend Section 7 Basic Control Objectives to read as follows: An Erosion and Sedimentation Control Plan may be disapproved pursuant to Section 18 of this ordinance if the plan fails to address the following control objectives: H. Open Burning - The plan should specify the method of disposal of trees, limbs, stumps and construction debris associated with the activity; which shall be by some method other than open burning. Section 4. Amend Section 17 Permits by adding new language as follows: A. When Required No person shall undertake any land- disturbing activity which would require the uncovering of 20,000 square feet or more of land without first obtaining the required approvals and permits from the Erosion Control Officer. Permit Application forms must be signed by the landowner or his authorized agent. The agent signing must have a signed letter of authorization from the owner. Every permit issued by the Erosion Control Officer shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted activity. B. Grading Permits Before starting a land- disturbing activity greater than 20,000 square feet, the owner or his agent shall obtain a Grading Permit from the Erosion Control Officer. Erosion Control Plans must be approved before the Grading Permit will be issued. Grading permits may be obtained when the Plan is approved or prior to the start of the land disturbances. Every Grading Permit issued shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted activity. Section 5. Amend Section 3 Definitions to create a new definition as follows: OPEN BURNING OF TREES, LIMBS, STUMPS AND CONSTRUCTION DEBRIS ASSOCIATED WITH THE PERMITTED ACTIVITY - shall be defined to be the disposal of limbs, stumps and construction debris associated with the permitted activity by means of outdoor fires. Section 6. That this ordinance be placed in the file of published ordinances. Section 7. This ordinance is effective upon adoption. 0138 NOW THEREFORE BE IT ORDAINED by the Board of Orange County Commissioners that this ordinance entitled "An Ordinance Amending the Soil Erosion and Sedimentation Control Ordinance Orange County" be adopted. Upon motion of Commissioner , seconded by Commissioner , the foregoing ordinance was adopted this day of , 2003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of .2003. SEAL Clerk to the Board of Commissioners 0440 - e -� to take her child to school. She agrees that kids should be traveling to schools by foot or bike or public transportation and this is not available with the Eubanks Road site. She expressed appreciation to the school board and administration for the way in which they have involved the community in this decision. Commissioner Gordon entered into the record a letter from Chapel Hill High School Governance Committee, which urges the Board of Commissioners to support the Rock Haven Road site as proposed by the CHCCS Board. C. RUBLIC HEARING ITEMS Chaired By Planning Board Vice Chair Hunter Schofield 1. Orange County Zoning Ordinance Text Amendments a. Amend Articles 8, 12, 14, 21, 22, and Table of Contents and other related articles to define and regulate the open burning of trees,,, limbs, stumps and construction debris associated with permitted activity. Planning Director Craig Benedict made this presentation. The first item has to do with enabling legislation to be able to restrict open burning when it has to do with development activity. Types of development that could be regulated include major and minor subdivisions, zoning compliance for building permits, and land disturbing activities requiring Erosion Control approvals. Development not regulated includes activities relating to bona fide farms, approved forestry management plans, and burning of domestically produced yard debris by private homeowners /tenants. Commissioner Jacobs asked County Attorney Goof Gledhill about the definition of bona fide farm and if it was the same definition that the State uses or if there was some leeway. Goof Gledhill said that the enabling legislation has a definition for bona fide farms. The special legislation that Orange County received to allow it to regulate open burning in the permitting of developments includes things that are not in the definition of bona fide farms such as horticulture and silviculture. Counties do not have the flexibility to redefine the terms. Commissioner Jacobs asked about the way in which the references to the burning and the disposition of construction debris are mentioned. He asked why we would not mention that there is a recyclable materials recovery ordinance each time we mention construction debris, because it regulates how the debris is supposed to be disposed' of. Craig Benedict said that he would work with Goof Gledhill to see if it can be incorporated. He said that this is for land use and not solid waste and he will try and cross - reference this. Chair Brown said that she is unclear about bona fide farms and if it has anything to do with the tax valuation of property and Goof Gledhill said no. He said that the definition of use value taxation where the use value is based on farm is not the same definition as bona fide farm and the prohibition against counties regulating through zoning regulations bona fide farms.. There will be some farms qualified under each and they are only coincidentally related to each other. A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis to refer the proposed amendments to the Planning Board for a recommendation to be returned to the BOCC no sooner than August 19, 2003. VOTE: UNANIMOUS' 2. Orange County Subdivision Regulations Text Amendments a. Amend Sections II, IV and other related sections to define and regulate the open buming of trees, limbs, stumps and construction debris associated with the development of subdivisions. This item was addressed above. b. Amend' Section IV -13=10. Flexible Development —Section C, Open Space Standards to require that at least 75 %0 of residential lots in a proposed development be contiguous on one or more sides to the system of open space. Craig Benedict said that this is a requested amendment to the subdivision requirements related to flexible development. Presently, the requirement for open space is 33% if the flexible development option is used. The proposed amendment is an effort to explain more about the functionality of the open space and the characteristics of it. He gave some examples of subdivisions in the County and the configuration of the open space. The intention is not to reduce the amount of lots, but to increase the accessibility of the open space.. Commissioner Gordon asked about the 50 -foot easement. Craig Benedict said that this would just be open space and a 50 -foot corridor would make the open space accessible and would not encroach upon the adjacent properties.. Commissioner Gordon asked how twig the path would be. Craig Benedict said that this is not a requirement for a path to be put in Commissioner Gordon pointed out that the language says "pedestrian access paths ". Craig Benedict said that this language could be changed. The subdivision applicant willdecide, with direction, what the 50 -foot area should look like. Commissioner Jacobs asked about the side yard setbacks and Craig Benedict said 20 feet. Commissioner Jacobs said that this is an improvement to the open space provisions. He suggested on page 11 — C2 Open Space Functionality, "maintenance of wildlife habitat. He also suggested putting some of the language in more understandable terms for the public. Hunter Schofield said that some high- density developments such as affordable housing might come into conflict with these ,amendments. He said that we might need to look at how we use our open space standards to help or hinder some other County priorities. Renee Price asked about the setback requirements and open space and the impact it would have on lower and moderate- income housing.