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HomeMy WebLinkAboutORD-2003-114 Development Open Burning Restrictions (Zoning, Subdivision & Erosion Control)Ordinance ~~'~ ~ °?~~`? ~ ~ ~ 7 ~''ti An Ordinance Amending the Soil Erosion and Sedimentation Control Ordinance Be it ordained by fhe Board of County Commissioners of Orange County that the Orange Counfy 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. P(an Waiver...The. Erasion 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. --- Ordinance 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 aland-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 ACTNITY -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 ale of published ordinances. Ordinance Section 7. 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 Soil Erosion and Sedimentation Control Ordinance Orange County" be adopted. Upon motion of Commissioner ,~!C~.~ ,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 ceedings 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 003. ®°rr ~~ p Jerk to the rd o Commissioners z the Chapel Hill portion of the ETJ or Transition Area and by Carrboro within the Carrboro portion of the ETJ or Transition Area. Chapel Hill and Carrboro were notified of these amendments prior to the public hearing through the normal agenda distribution of the public hearing and Planning Board meeting packets. Both jurisdictions are also on the mail out list for the Board of County Commissioners agenda. Discussion Points at Public Hearing 1. Can counties. define `bona-fide' farms? No, enabling legislation does not give counties the ability to redefine bona-fide farms. 2. Is the term `bona-fide farm' used for tax purposes? No, use value for tax purposes is not the same as bona-fide farm in the zoning ordinance. Some properties may be in one or the other or both. 3. Question concerning cross-referencing in these amendments to the County's recycling ordinance. Process: 1) Public Hearing held on May 27, 2003 2) Planning -Board on August 6, 2003 recommended approval of the Development Open Burning Restrictions (Zoning and Subdivision) 3) BOCC to make decision FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision. RECOMMENDATION(S): Administration recommends APPROVAL of the attached ordinance amendments. The Planning Board recommends APPROVAL of the Development Open Burning Restrictions to the Zoning Ordinance and the Subdivision Regulations. The Planning Staff recommends APPROVAL of the attached ordinance amendments. o ~ A _~oo,~ ~ ~~~ 8'h 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 1 sc they will be cleaning up some of the amendments and this will be addressed in the upcoming amendments in April 2004.