HomeMy WebLinkAbout2001 NS Planning - Hillsborough Courtesy Review Agreement2
COURTESY REVIEW AGREEMENT
THIS AGREEMENT, made and entered into this day of , 200, by and
between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the
TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws
of North Carolina.
WITNESSETH:
In consideration of the public benefits expected to flow from the cooperative efforts of the
parties in establishing a coordinated system of planning within their respective areas of public
concern, the parties to this Agreement hereby mutually agree as follows:
ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE
Section 1.1 Purpose of the Agreement
The purpose of this Agreement is to establish a method of coordinated planning in
the Orange County- Hillsborough Courtesy Review Area, as defined herein.
Further the process is intended to provide a forum for discussion of development
impacts and exchange information and ideas. This agreement does not provide
for joint approval.
Section 1.2 Definitions
A. Courtesy Review Area. The area designated on the Courtesy Review Area Land
Use Map. This is the area noted on the draft Public Water /Sewer Service
Boundary Agreement as the Town of Hillsborough's primary service area.
B. Courtesy Review Area Land Use Plan. The existing land use plan within the
county area where certain development permit proposals and plans will be
reviewed and commented upon.
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C. Development proposal means a:
1. Land use amendment,
2. Rezoning,
3. Special use permit,
4. Subdivision project of greater than [number of lots to be discussed, 35 lots or
greater are suggested] lots,
5. Annexations for the following areas:
a. Aforesaid Water /Sewer boundary outside of Hillsborough's ETJ,
b. The Town of Hillsborough's ETJ area,
c. An area within the Town of Hillsborough that is south of the Eno River.
Section 1.3 Effective Date and Duration
A. This Agreement, except as provided below, shall become effective on the
effective date of an Orange County ordinance adopting this Agreement (after it
has been approved by Hillsborough). Any previously adopted Agreements in
conflict with this Agreement shall become null and void upon this date. The
Courtesy Review Area Map in Appendix A to this Agreement shall become
effective upon the execution of this Agreement.
B. This Agreement, including any Appendix hereto, shall remain in effect until
terminated by mutual agreement or by withdrawal of any party. Withdrawal of
one party shall not invalidate the Agreement with respect to remaining party.
C. Upon execution of this Agreement, the parties agree that each will take, in a
timely manner and without unnecessary delay, all steps required to cause this
Agreement to become effective, and will notify the other parties when those steps
have been taken.
ARTICLE 2. ADOPTION, ADMINISTRATION AND
AMENDMENT OF STANDARDS
Section 2.1 Proposal Administration Within The Courtesy Review Area in
Hillsborough's Jurisdiction
A. Whenever Hillsborough receives an application for a development proposal as
defined in this Agreement relating to land within the Courtesy Review Area, it
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shall forward copies of the full application and associated materials to Orange
County for review. The Town shall establish timetables to insure that Orange
County has an opportunity to make recommendations regarding such applications
within the framework of the County's regularly scheduled meeting dates. To the
extent possible, the timetables of the County and the Town shall provide for
simultaneous review to expedite application processing; provided, however, the
Town may not vote to issue or deny a proposal until it has received the
recommendations of Orange County or until the expiration of thirty (30) days
after Orange County has received the application, whichever comes first.
Section 2.2 Proposal Administration Within The Courtesy Review Area in Orange
County's Jurisdiction
A. Whenever Orange County receives an application for a development proposal as
defined in this Agreement relating to land located within the Courtesy Review
Area, it shall forward copies of the full application and associated materials to
Hillsborough for review. The County shall establish timetables to insure that the
Town has an opportunity to make recommendations regarding such applications
within the framework of its regularly scheduled meeting dates. To the extent
possible, the timetables of the Town and the County shall provide for
simultaneous review to expedite application processing; provided, however,
Orange County may not vote to issue or deny a permit until it has received the
recommendation of the Town or until the expiration of thirty (30) days after the
Town has received the application, whichever occurs first.
Section 2.3 Enforcement Remedies.
A. Proposal revocation, if necessary and authorized by ordinance, shall be handled
by the same individual or board authorized to issue the original proposal.
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Crested by Bettina Brinkley
Orange County Planning
February, 2001
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