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Home My WebLink AboutORD-2003-113 Development Open Burning Restrictions (Zoning, Subdivision & Erosion Control)®OQ~ -~~DD3 --~ l.~ 9Jllolo3 ~.,4~ ~~ Ordinance 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-B-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-B-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 G:compplanning/gene/BoccAgendas2003/buming amendments/Ordinance to BOCC Ordinance debris associated with the development of the subdivision by means of outdoor fires. 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 perfom7ance bond, letter of credit, or escrow agreement as a guarantee of improvements has been posted. Before a building permit can be issued the landscape plan approval shalt contain as a condition a prohibition of the open burning of trees, limbs, stumps and construction debris associated with the permitted activity. Section 8. ZONING ORDINANGE: 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 shalt be by some method other than open burning. G:compplanning/gene/BoccAgendas2003/6urning amendTnents/Ordinance to BOCC Ordinance 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 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 m n of Commissioner~l.~l.Gp~~f~.~a ,seconded by Com ' sione ,the foregoing ordinance was adopted this ~ day of 003. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoi 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. G:compplanning/gene/BoccAgendas2003/buming amendments/Ordinance to BOCC Ordinance WITNESS my hand and the seal of said County, this ~^~day of - ~ 003. ~. :. ~.~ -. /...-"'mss I`;,` ;~°~;~ LLi~ 11 Z~~. ~ .w Clerk to the oard of Commissioners ~~a° `~~ G:compplanning/gene/BoccAgendas2003/buming amendments/Ordinance to BOCC ~tRQ-ot'r~v3-~1~' ~.'/L r ~U8'~ h. Development Open Burning Restrictions (Zoning Subdivision ~ Erosion Control The Board closed the public hearing and approved the proposed Development Open Burning Restrictions to the Zoning Ordinance & Subdivision Regulations and the Erosion Control Ordinance as recommended by Administration, Planning Board, and Planning Staff. i. Sponsorship Reauest: Manv Cultures One Race The Board ratified staff plans to make a $5,000 payment to EI Centro Latino to sponsor the race/walk from appropriations already in place in the "Culture and Recreation" function of the 2003-04 operating budget. VOTE ON CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM CONSENT AGENDA d. HUD Cooperative Aareement for Federal Fiscal Year 2003 The Board considered approving a Cooperative Agreement between Orange County and the United States Department of Housing and Urban Development (HUD) for services performed during Federal Fiscal Year 2003 and authorize the Chair to sign the agreement, subject to the approval of the County Attorney. Commissioner Gordon said that this is an IOU and she asked what the Board was being asked to do. Human Rights and Relations Director Annette Moore said that HUD twice sent the assistance award amendment letter with the wrong amount on it. They sent the correct one just yesterday. It reflects the amount that is on the agenda abstract - $50,000. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to approve the Assistance Award/Amendment to the HUD Cooperative Agreement and to authorize the Chair to sign the agreement, subject to the approval of the County Attorney. VOTE: UNANIMOUS g, Legal Advertisement for Joint Planning Public Hearing -October 15, 2003 The Board considered approval of the legal advertisement for items to be presented at the Joint Planning Area Public Hearing scheduled for October 15, 2003. Craig Benedict said that Chapel Hill requested that the legal ad be modified to just include the rezoning specifics. The goldenrod copy is something that the Orange County Planning staff has agreed with Chapel Hill Planning staff that it is acceptable for the purposes of the JPA amendment. Commissioner Jacobs said that the Board has brought up several times the change to the rural buffer south of Chapel Hill and it never seems to get on the agenda. Craig Benedict said that on October 1St they will be cleaning up some of the amendments and this will be addressed in the upcoming amendments in April 2004.