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HomeMy WebLinkAboutORD-2011-043 Adoption of the Code of General Ordinances ADOPTING ORDINANCE AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR ORANGE COUNTY, NORTH CAROLINA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA: Section 1. The Code entitled "Code of Ordinances, Orange County, North Carolina," published by Municipal Code Corporation, consisting of chapters 1 through 50, each inclusive, is adopted. Such Code updates references to certain state and county agencies and departments as specified in the Memorandum of Agency and Department Names 1 dated November 1, 2011, which memorandum is incorporated in this Ordinance by reference. Section 2. All ordinances of a general and permanent nature enacted on or before December 5, 2011, and not included in the Code or recognized and continued in force by reference therein, are repealed; provided, however that the Code does not contain, and is not intended to affect: (a) The Unified Development Ordinance of Orange County, North Carolina, as adopted on April 5, 2011 shall continue in full force and effect. (b) The Facilities Use Policy adopted on May 17, 2011, as amended, shall continue in full force and effect. In the event of a conflict between the provisions of the Facilities Use Ordinance (chapter 18 of such Code) and the Facilities Use Policy, the provisions of the Facilities Use Policy shall prevail. The Facilities Use Policy is available for review at the Orange County Clerk's Office. (c) Budget Ordinances and the annually adopted Schedule of Fees. (d) Bond Orders and Ordinances. (e) Any franchise ordinances not specifically incorporated in the Code. 1 The Memorandum of Agency and Department Names is available for review at the Orange County Clerk's Office. xiii Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $500.00, or shall be imprisoned for not more than 30 days, for each offense. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. Section 6.Ordinances adopted after December 5, 2011, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. Any typographical, reference, spelling or name errors may be corrected during final production of the Code. Section 8. If any portion of this Code or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Code which can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared to be severable. Section 9. A copy of this Code shall be kept on file in the office of the Clerk to the Board. It shall be the express duty of the Clerk, or the Clerk's designee, in consultation with the County Attorney, to insert in their designated places all duly adopted amendments to this Code, and to extract from this Code all provisions which may from time to time be duly repealed. A copy of this Code shall be available for all persons desiring to examine it during reasonable times, under the supervision of the Clerk or the Clerk's designee. Section 10. No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending on the effective date of this Ordinance by or against Orange County or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Code. xiv Section 11. This Ordinance shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 5~' day of December, 2011. By ~~~~ ~ ~ 1 Bernadette Pelissier, Chair Orange County Board of Commissioners Attest: Donna Baker, Cle k to the Board ,~~~e~$ ' ~p~\ ~~~ - ~`~~` ~ ~~~1s XV ia,~- o~S~ / ,.~ .. T+ ~ ~ ~,~~J ~~ ~'~~~ Commissioner Jacobs asked about some of the Q&A in their packets and why does the Board not want to make a statement in the contrary that they want to put a transfer station or landfill in some of these northern parcels that Orange County has. He suggested that as a part of the narrative going forward that it should say that the County has no intention of making this site a transfer station or landfifl and the same for Mincy Road/Schley Road. Commissioner Jacobs asked clarifying questions about the traffic flow, which were answered by Gayle Wilson. Commissioner Gordon said that what Chapel Hill and Carrboro do may not affect the County directly, but there needs to be a total financial picture in mind. Michael Talbert said that these are conveniehce centers for rural residents of the County. The County will have to ultimately dispose of the solid waste and recyclables that come from the rural part of Orange County whether Chapel Hill is a part of it or not. This is an , upgrade to the system to make it more efficient. Commissioner Yuhasz said that the Board has looked at this many times and previously it had looked at costs for upgrades to all of these centers. Gayle Wilson said that over time, once the landfill closes, there is no question that these impravements over a 15-20 year time period will easily save the costs of the improvements. This is also an opportunity to enhance the recycling program. Chair Pelissier asked about truck traffic and it was answered that total truck traffic will be cut approximately in half. A motion was made by Commissioner Yuhasz, seconded by Commissioner Hemminger to approve a conceptual site plan for the Walnut Grove Church Road Solid Waste Convenience Center, and authorize the Manager to proceed to final design a bidding of this project. VOTE: Ayes, 6; Nay, 1(Commissioner Gordon) A motion was made by Commissioner Jacobs, seconded by Commissioner Foushee that the staff include information in affirmative statements on what the County is NOT going to do - nothing will be done on the property between Mincy and Schley Roads, etc. VOTE: UNANIMOUS d. Adoation of the Code of General Ordinances The Board considered codifying and adopting Orange Cvunty's general ordinances into a Code of Ordinances. John Roberts said that this would include all ordinances except the UDO. There is not a public hearing required for this process and this just renumbers the ordinances and puts them in a different format. He consulted with the School of Government on this process. Commissioner Foushee said that the Board needs to commend the Attorney and his staff for getting this accomplished in a timely manner. She also commended the Manager for his astute observation and she commended the Manager's staff. Commissioner Gordon said that she also wanted to commend the Attorney and his staff. There was a revised memo at the County Commissioners' places. MEMORANDUM TO: John Roberts, County Attorney FROM: Sahana Ayer, Staff Attorney DATE: November 1, 2011 - RE: Orange County Ordinances - Republication This memorandum is written to identify the specific technical revisions tcs Orange County ordinances for purposes of incorporation into and republication of the General Code of Ordinances. The manner of arrangement, classification and indexing of the Orange County ordinances is currently incomplete and inadequate to meet the needs of the County and the general public. Pursuant to the authority granted by N.C. Gen. Statute §153A-49, the Board of County Commissioners ("Board") instructed the County Attomey to codify and compile the existing ordinances and incorporate the said ordinances into a General Code of Ordinances. ~ince July 2009, the Orange County Attomey's Office has been editing, proofreading and preparing all Orange County Ordinances (excluding the Orange County Unified Development Ordinance) for republication by tfie MuniCode Corporation. During this process, the ordinances have been reformatted and renumbered in accordance with the MuniCode numbering and formatting guidelines, Each ordinance (ezccluding the Unified Development ~Ordinance) has been reviewed to ensure typographical and grammatical correctness, rectify conflicts and inconsistences befinreen the ordinances and state statues and ensure accuracy of state law references, internal cross-referEnces and historical notes. Additionally, the names of the following federal, state and Orange County Departments, ordinance and personnel designations have been changed as indicated below: Former Name Revision Chairperson , Chair County of Orange Orange County Department of Emergency Management Services Department of Emergency Services Department of Inspections a. Department of Planning and Inspections Department of Parks and Recreation Department of Environment Agricu~ture Parks and Recreation (DEAPR) Emergency Services Medical Advisory Committee Emergency.Service Peer Revi~w Committee Environment and Resource Conservation Department Department of Environment Agriculture ' Parks and Recreation (I~EAPR) North Carolina Department of Environment, Health and Natural Resources (DEHNR) North Carolina Department of Environment and Natural Resources (DENR) North Carolina Department of Human Resources North Carolina Department of Health and Human Services North Carolina Department of Natural Resources North Carolina Department of Environment and Natural Resources (DENR) Personnel Depa~tment Human Resources Department Personnel Director Human Resources Director Recreation and Parks Department Parks and Recreation Department Zoning Ordinance Unified Development Ordinance (UDO) .,~t The focus of the republication pro~ect has been to prepare the ordinances that have been enacted by the Board of County'Commissioners for adoption and incorporation into the General Code of Ordinances, in their current form. Substantive amendments to the ordinances have been deferred until such time as;~fie General Code of Ordinances is adopted by the Board. ADOPTING ORDINANCE AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES FOR ORANGE COUNTY, NORTH CAROLINA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVlDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMEI~DING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA: Section 1. The Code; entitled "Code of Ordinances, Orange County, North Carolina," published by Municipal ~ode Corporation, consisting of chapters 1 through 50, each inclusive, is adopted. Such Code updates references to certain state and county agencies and departments as specified in the Memorandum of Agency and Department Names dated November 1, 2011, which memorandum is incorporated in this Ordinance by reference. - Section 2. All ordinances of a general and permanent nature enacted on or befo~e December 5, 2011, and not included in the Code or recagnized and continued in force by reference therein, are repealed; provided, however that the Code does not contain, and is not intended to affecfi (a) The Unified Development Ordinance of Orange County, North Carolina, as adopted on April 5, 2011 shall continue in full force and effect. (b) The Facilities. Use Policy adopted on May 17, 2011, as amended, shall continue in full force and effect. In the event of a conflict befinreen the provisions of the Facilities Use Ordinance (chapter 18 of such Code) and the Facilities Use Policy, the provisions of the Facilities Use Policy shall prevail. The Facilities Use Policy is available for review at the Orange County Clerk's Office. (c) Budget Ordinances and the annually adopted Schedule of Fees. (d) Bond Orders and Ordinances. (e) Any franchise ordinances not specifically incorporated in the Code. Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or pact thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance. Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $50Q.00, or shall be imprisoned for not rnore than 30 days, for each offense. Each act of violation. and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits. Section 5. Additions or amendments to the Code when passed in such form as to indicate an intention to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments. 3 Section 6. Ordinances adopted after December 5, 2011, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code. Section 7. Any typog~aphical, reference, spelling or name errors may be corrected during final production of the Code. ~ Section 8. If any portion of this Code or the application thereof to any person or circumstance is held invalid, such invalidity sf~all not affect other provisions or applicafions of this Code which can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared to be severable. Section 9. A copy of this Code shall be kept on file in the office of the Clerk to the Board. It shall be the express duty of the Clerk, or the Clerk's designee, in consultation with the County Attorney, to insert in their designated places all duly adopted amendments to this Code, and to extract from this Code all provisions which may from time to time be duly repealed. A copy of this Code shall be available for all persons desiring to examine it during reasonable times, under the supervision of the Clerk or the Clerk's designee. Section 10. No action or proceeding of any nature, whether civil or criminal, judicial or administrative, or otherwise, pending on the effective date of this Ordinance by or against Orange County or any of its departments or agencies shall be abated or otherwise affected by the adoption of this Code. . Section 91. This Ordinance shall become effective upon adoption. Adopted by the Orange County Board of Commissioners this 5~' day of December, 2011. A motion was made by Gbmmissioner Hemminger, seconded by Commissioner Jacobs to codify and adopt the Orange Gounty's General Ordinances into a Code of Ordinances. VOTE: UNANIMOUS 9. Re~orts a. Conversion of Recvclins~ Proarams to Sinale Stream (Cominaled) Collection - ~ The Board received from £ounty staff information regarding planning for implementation of single stream recycling and was asked to provide guidance to staff with regard to proceeding to implementation. Recycling Manager Cody Marshall made this presentation. He said that he is here to let the County Commissioners khow how they are going to move to single-stream recycling in the next seven months. He said that single-stream is when paper, bottles, cans, and cardboard can be put into one container. This will be done for convenience to citizens. There will be a reduction in costs for the Urban Curbside program. The cost should be reduced to about $3.00 to $3.75 per household per month. It could save the County as much as $100,000 per year. Staff is recommending going with the 95-gallon cart for households for the collection service. There is a possible grant from the State of $75,000 to go towards the purchase of these carts. The carts will t~ave chips in them'that will allow the County to collect data about participation. Chair Pelissier asked staff about what happens if the municipalities did not participate with solid waste and how this would impact this program. Gayle Wilson said that the carts would belong to Orange County and if the municipalities opted out, they would collect the carts. He has been asked by a Chapel Hill Town Council Member to make a presentation to the board for the plans for implementation regarding single-stream Clarifying questions of the County Commissioners were answered by staff. Commissioner Jacobs said that he was conce~ned about how to provide securiry of information regarding the chips in the carts and where the information goes. Frank Clifton said that the information will 6e kept at Solid Waste. Commissioner Jacobs wants to talk with IT about security.