HomeMy WebLinkAboutORD-2000-010 Text Amendments to Subdivision Regulations and Zoning Ordinance C9 AID - avc90 - d/U 9 e
12
Original Ordinance proposed at Public Hearing
Text Amendments to the Subdivision Regulations Regarding Time Limitations
atOkeeu text indicates deletions.
Sold text indicates proposed changes.
Proposed New Language: Amend CONTENTS by re-writing Section I to read Purpose, Authority,
Jurisdiction, Private Property Rights and Applications to be Processed Expeditiously and
inserting a new section 1— E. Applications to be Processed Expeditiously on page 2 of the
Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays, in acting upon appeals or applications may impose
• unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
� zap se z
(page 9—Subdivision Regulations) Determination of Classification
Section 111-13-1 (fifth paragraph)
the • All sush appeals must he Fnade, inwFiting,
The Planning Department's determination of classification maybe
appealed by filing a major subdivision request and following requirements in Section 111-13
entitied Approval Procedures for Major Subdivisions.
.
(page 9—Subdivision Regulations) Concept Plan Submission
Section III-C-1 (fourth paragraph)
The Plaiviing PepeFLvAest shall semplete its Feyiew ef the Geseept Plan within fewteen (14) days e
.
(page 11 —Subdivision Regulations) Review and Approval Procedures
Section III-" (fourth paragraph)
swhFnI#e&
13
(page 12 -Subdivision Regulations) Appeal Procedures
Section 111-C-5 (first and second paragraphs)
The Planning Department's decision regarding a minor subdivision application may be
appealed by filing a major subdivision request and following requirements in Section III-D
entitled Approval Procedures for Major Subdivisions.
deeisien i6 made
(page 14- Subdivision Regulations) Neighborhood Information Meeting
Section III-D-1.d (first paragraph-second sentence)
The Neighborhood Information Meeting (NIM) shall be held withki
a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
(page 14-Subdivision Regulations) Planning Department Review Procedures
Section III-D-1-e (first paragraph)
Within thiAy (30) days ef the date ef the NeighbeFheed WaFmatien MeetiAg 9F W his sueh-fultheF
time eeiqsented-te iR w9tiRg by the-aplplisant,-the The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting.
(page 14a- Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-1-f (fourth paragraph)
(page 14a-Subdivision Regulations) Action Subseguent to Approval
Section III-D-1-g (third paragraph)
From the date of approval of the .Concept Plan Development Options by the Planning Board, the
applicant shall have two (2) years in which to prepare and file an application for
14
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
(page 14a—Subdivision Regulations) AAggeal Procedures
III-D-1-h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any appeal shall be filed within 3 days after the date of the
Planning Board's decision. if appealed, the QeyelepmeAt GptieAs shall be plaed eA AeA
The Board of Commissioners shall have
final approval authority, and where applicable, all Concept Plan Development Options shall contain
„information and/or conditions approved by the Board of Commissioners.
(page 14c—Subdivision Regulations) Planning Department Review Procedures
Section III-D-2-b (second paragraph) .
!Fi fe* five (46) days ef the date ef aeseptanee ef the Geseept PI;;R skish fwFtl;eF time
The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. if the mlieg' Depwt
(page 14d —Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-2-c (third paragraph)
The PlawiiRg BeaFd shall take arAieR eR the ffepeeal withim feft fiye (45) days ri" tipg t
d4ime PeFied, eF
(page 14d —Subdivision Regulations)Action Subseguent to Aneroyal
Section 111-D-2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have erle
(1) yea F two 12) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the specified time limit, the
Concept Plan shall become null and void. .
(page 14d — Subdivision Regulations) AAoaeal Procedures
Section III-D-2-e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any appeal shall be filed within 3 days after the date of the Planning Board's
decision. -
The Board of Commissioners shall have final approval authority, and,
where applicable; all Concept Plans shall contain information and/or conditions approved by the
Board of Commissioners.
25
(page 18 -Subdivision Regulations) Planning Department Review Procedures
Section III-D-3-b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
recommendation.
five (86) d ays ef the date ef aerseptasee ef the applieatien 9F Withill sueh time 8911septed te in w",*
.
(page 18-Subdivision Regulations) Planning Board Review Procedures
Section III-D-3-c (third paragraph)
The 121aRming BeaFd shall pFepeFe its FersemmeFidatiei% withis " five (45) days Of the Meetigg at
(page 19-Subdivision Regulations) Board of Commissioners Review and Aaoroval Procedures
Section 111-D-3-d (first paragraph)
,
applieatien is feFwaFded to the G We.
(page 19-20 - Subdivision Regulations) Board of Commissioners Review and Agoroval Procedures
Section III-D-3-d (fourth paragraph)
The 8eaFd ef Gemm-eeienem shall take aefieA en the PF9pesal wkh!R MAY fiVe (45) days ef the elese
C-e-M.MissieneFs fails te take arAien within the spesified time peFied, eF extensieAs theFeef-, the 13
(page 24a - Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b third paragraph-second sentence) .
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant. within teR (40) days aft F said
(page 24a-Subdivision Regulations) Review and Anoroval Procedures
Section 111-D-4-b (fourth paragraph)
The Plai;i;iR!g Qepag-F��.nt. 11 take aefien withiA feFty Ave (46) days ef the date ef aeseptaRe&Gf the
G:/roberlcombtext doclaug99/md
16
Page 24b -Subdivision Regulations)Appeal Procedures
Section III-D-5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed to the Board of Commissioners. If appealed, the application sl4 may be placed on the
next regular meeting agenda of the Board of Commissioners. The Board of Commissioners shall
have final approval authority, and where applicable, all Final Plats shall contain information and/or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision. within ten (4-%
(page 79-Subdivision Regulations) Action Subsequent to the Date of Public Hearing
Section VII-D-4 (third paragraph)
e--bee+
t-pefied-shall
Text Amendments to the Zoning Ordinance Regarding Time Limitations
StFikethFeugh text indicates deletion.
Bold text indicates proposed wording.
Proposed New Language: Amend DETAILED TABLE OF CONTENTS in the Orange County Zoning
Ordinance by adding Section 1.6 entitled Applications to be Processed Expeditiously and
inserting under GENERAL PROVISIONS a new section 1.6 Applications to be Processed
Expeditiously on page 1-2 with the following language:
Recognizing that Inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible,
consistent with the need to ensure that all development conforms to the requirements of
this chapter.
(page 2-11 -Zoning Ordinance) Board of Adiustment Administration
Section 2.3.3.7 (eighth and ninth paragraphs)
The Board shall act on all applications before it. , a-W8Fk 8FdeF;
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within
Appeal. at its next regularly scheduled meeting.
G Jrober/combtext doc/aus99/md
17
(page 3-1 —Zoning Ordinance) Maintenance Responsibility
Section 3.5
The Zoning Officer shall be responsible for entering amendments to the Official Zoning Atlas. SuGh
eAtFieS shall be Fnade within thFee WGFkiRg days ef the date ef parzeage ef sweh aFneAdFAeRt6-.
(Appendix B—Zoning Ordinance (EDD Design Manual)) Aboroval Procedures/Site Plan Requirements
Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date at 3-GG p. . in
Conference Room #1 of the Planning and Agricultural building.
(page 8-4 —Zoning Ordinance) Zoning Officer Pregares,Analysis and Recommendation
Section 8.4.3 (first and second paragraphs)
WWR feFty five (46) qayrs ef the Feseipt ef the applieetieR, eempletp. in all Fespeets—, The Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as.appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation,, and health regulations, ,and, based upon that
analysis., prepare a recommendation for consideration by,.in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
The five (45) day peFied Fsay be e)dended, with the %wi#en eeneeRt ef the appliGaFlt, Up tO a
af a,* (6Q) days.
(page 8-4—Zoning Ordinance)Recommendation Submitted to Planning Board or Board of Adjustment
Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the Fneetkiq e
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B,.Special Uses, at the fIFSt Fe9WlaF FAeetiR@ afteF the expiFatieR ef the fe0Y flye (46)-day PeFled
spesified iR 8.4.3 8F aRy e)deRsieR theFeef.
(page 8-5 —Zoning Ordinance) Planning Board Action on Class A Special-Uses
Section 8.4.6 (first and second paragraphs)
The Planning Board, within r,*-* (69) days ef the Fneefing at whish the Zening Offie
Fe%FAFAeAdatien is submitted, shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the application.
FailWFe ef 4he Plami!Rq BeaFd to esubmit a FeseFAFAeAdatieR within the +eqWiFed time shall
eei:irsideFed a faveFeble FeeeFAFAeAdatien, witheut raenditiene.
(page 8-6—Zoning Ordinance)Action Subsequent to the Board Action
Section 8.5 (first paragraph)
The Zoning Officer shall within iseven (W) days cause notice of the disposition of the application to be
sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning
Officer.
G:Irober/combtexLdodauIz99/md
^ � _ 18
(page 20-2 —Zoning Ordinance) Zoning Officer Prepares Analysis-and Recommendation
Section 20.3.3
The Zoning Officer shall, wfthiR 30 days ef the Feeeipt ef aR applisatien te ameRd the Zesing MaG-,
cause an analysis to be made of the application and, based upon that analysis, prepare a
recommendation for consideration by the Planning Board and the Board of County Commissioners.
si* (60) days. The 30 d :i shall Ret apply te applir-aWRG f9F amendmept te the zening
Page 20-3—Zoning Ordinance) Referral of Amendment A132lication to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Planning
Board for consideration and recommendation to the Board of County Commissioners. at the
(page 20-4 -Zoning Ordinance) Action Subseguent to-the Date of Public Hearing
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall wkhiR sbdy (69) da�s after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. Said time limit Fnay be eAeRded upen Fequest ef the applieent.
Amendments initiated by Orange County shall not be subject to time limitations other than those
specified by the Board of County Commissioners during the public hearing process.
The Board of County Commissioners shall not consider enactment of the proposed amendment UfAR
rzi*ty (6Q) days afteF the fiFet date ef the publie heaFing 9 until the Planning Board makes two its
recommendation. , whisheyeF semes f! In making its decision, the Board of Commissioners shall
consider all relevant evidence presented at the joint public hearing and any new evidence which was
considered by the Planning Board in making its recommendation.
PLANNING BOARD RECOMMENDATION 19
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning
Ordinance and the Subdivision Regulations are hereby amended as follows:
Section 1. Proposed Subdivision Regulation New Language: Amend CONTENTS by re-writing
Section I to read Purpose, Authority, Jurisdiction, Private Property Rights and Applications to
be Processed Expeditiously and inserting a new section I — E. Applications to be Processed
Expeditiously on page 2 of the Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 2. (page 9 — Subdivision Regulations) Determination of Classification
Section III-B-1 (fifth paragraph)
If the subdivider wishes to appeal the decision of the Planning Department regarding the
classification of a subdivision, he/she may appeal such decision to the Planning Board at its next
regular meeting. The Planning Board shall have final approval authority regarding classification of
the subdivision. All such appeals must be made, in writing, within thirty (30) days of the decision of
the Planning Department. The Planning DeMI...tment's detew.r iRatiGR of elassiS:eatieR may-be
The Planning Board in all such appeals shall make findings of fact in support of its decision and shall
notify the subdivider in writing., .
Section 3. (page 9 — Subdivision Regulations) Concept Plan Submission
Section III-C-1 (fourth paragraph)
.
Section 4. (page 11 — Subdivision Regulations) Review and Approval Procedures
Section III-C-3 (fourth paragraph)
theFete, withiR fe" five (46) days fellewiRg a9eeptanee ef the applieatieR, 9F Within sweh fukheF time
s ,b„. Med
Section 5. (page 12 — Subdivision Regulations) Appeal Procedures
Section III-C-5 (first and second paragraphs)
G:/robert/PBORDTXT.doc/nov99/rpd
20
The decision of the Planning Department regarding a minor subdivision application may be appealed
to the Planning Board. If appealed, the application shall be placed on the next regular meeting
agenda of the Planning Board. The Planning Board shall have final approval authority, and, where
applicable, all Final Plats shall contain information and/or conditions approved by the Planning Board
The PlanRing DepaFtment's dGGIGIGR FGgaFdIRg -_ .--- SubdivisieR applie Allen may
appealed by filing a MajGF subdivisileR Fequest and fellewl -MORtS 1111 SeGUGR
Gntitled A88FGYaPRmeedUFee fGF MOW Subdily-'elene-.
The Planning Board in all such appeals shall make-findings of fact in support of its decision. The
subdivider shall be.notified, in writing, of the Planning Board's decision. within ten (10) days afteF said
deeisien is made.
Section 6. (page 14 — Subdivision Regulations) Neighborhood Information Meeting
Se'ction III-D-1.d (first paragraph-second sentence)
The Neighborhood Information Meeting (NIM) shall be held withiR 4 5 days ef aeseptanee- 9. the
appli atien, and netiees a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
Section 7. (page 14 — Subdivision Regulations) Planning Department Review Procedures
Section III-D-1-e (first paragraph)
Within thiFty (30) days ef the date ef the Neighb9Fheed WeFmatieici MeetiRg eF WithiR SuGh fUFth
time eensei;ited te iR WF;tiR@ by .. I I - iAt, the The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting. if the PlanRiRg Depai;tmeRt fails te pFepaFe a FepeFt te
PlaRRing BeaFd within the speeified time peded, eF e)densien theMef-, the Geneept PlaR
FesemmeRded Wtheut eeRditiens. The Planning Staff shall be allowed to defer the application
and its recommendation for one (1) meeting beyond the Planning Board meeting at which the
application is scheduled to be heard.
Section 8. (page 14a — Subdivision Regulations) Planning Board Review and Approval Procedures
Section 111-D-1-f (fourth paragraph)
The Planning 13eaFd shall take arAieR withiR feFty five (46) days ef the FAeetiRg in whieh the PlanniR
PepakmeAVS FepeFt is rubFA6#ed te it 9F WithiA sush fukheF time eeRsented te iA WFitiAg by
applisas I t. if the PlaRnii;ig BeaFd fails te take aetieR withis the spesified time peFied, eF eAensi
theFeef-, the Planning 89aFd shall be deemed t9 Feeemmend appFeval of the Geneept Plan
DevelepmeFit eptief;s witheut eendkiens. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 9. (page 14a — Subdivision Regulations) Action Subsequent to Approval
Section III-D-1-g (third paragraph)
G:/robert/PB ORDTXT.doc/nov99/rpd
6=
21
From the date of approval of the Concept Plan Development Options by the Planning Board, the
applicant shall have ea° (1) ya# two (2) years in which to prepare and file an application for
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
Section 10. (page 14a — Subdivision Regulations) Appeal Procedures
III-D-1-h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any notice of appeal shall be filed, in writing, with the Planning
Director within 15 days after the date of the Planning Board's decision. If the appeal involves
a site plan map approval, sixteen (16) copies of the site plan map shall be filed at the same
time as the written appeal. if appealed,
The Board of Commissioners shall have
final approval authority, and where applicable, all Concept Plan Development Options shall contain
information and/or conditions approved by the Board of Commissioners.
Section 11. (page 14c— Subdivision Regulations) Planning Department Review Procedures
Section III-D-2-b (second paragraph)
, The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. if the RlaRnklq PepaFtffieAt
,
The Planning Staff shall be allowed to defer
the application and its recommendation for one (1) meeting beyond the Planning Board
meeting at which the application is scheduled to be heard.
Section 12. (page 14d —Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-2-c (third paragraph)
The RlanniRg BeaFd shall take aetieR eA the PF9pesal within f" five (46) days ef the meeting at
WFitiRg by the applieaRt. if the Planning BeaFd fails te take aratien withiR the spesified time i
eAeRseeR r
. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 13. (page 14d —Subdivision Regulations)Action Subsequent to Approval
Section III-D-2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have eee
(deaf two 12) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the specified time limit, the
Concept Plan shall become null and void.
Section 14. (page 14d —Subdivision Regulations) Appeal Procedures
G:/robert/PBORDTXT.doc/nov99/rpd
22
Section III-D-2-e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any notice of appeal shall be filed, in writing, with the Planning Director within
15 days after the date of the Planning Board's decision. If the appeal involves a site plan map
approval, sixteen (16) copies of the site plan map shall be filed at the same time as the written
appeal. if appealed, the GeReept PlaA shall be plased en the neA FegWlaF FAeetiR@ agenda-fie
BeaFd ef Gem * ' The Board of Commissioners shall have final approval authority, and,
where applicable, all Concept Plans shall contain information and/or conditions approved by the
Board of Commissioners.
Section 15. (page 18—Subdivision Regulations) Planning Department Review Procedures
Section III-D-3-b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
I i th C% a ghty
recommendation. The FepeFt shall be PF9paFed and subFAi#ed te the PlanRiRg BeaFd A.M.i...-i
fiye (85) days ef the date ef aeeeptanee ef the applieatieR eF WithiR sweh time eenseRt d
by the applieaRt. if the PWRAiRg DepaFtment fails te PFepaFe a FepeFt te the PlanniFig BeaFd WithiR the
wrg
spesified time limit, eF exteRsiens theFeef, the appliGaWR is r-esemmended witheut sees. The
Planning Staff shall be allowed to defer the application and its recommendation for one (1)
meeting beyond the Planning Board meeting at which the application is scheduled to be
heard.
Section 16. (page 18— Subdivision Regulations) Planning Board Review Procedures
Section III-D-3-c (third paragraph)
The PlaRAiRg 89aFd shall PFePaFe its r-eeemmeRdatieRs withiR feky Aye (45) d ays ef the FneetiRq-,-#
whish the PlanRing DepaAFR—AtS FepeFt is submifted te it 9F WithiA GW614 fukheF ti ted te iR
WFitiRg by the applisaRt. if the PlanRiRg 13eaFd fails te take 88ti9R Within the speeifi Fne peFied, ef
e)deRe,*eR theFeef-, the Planning 8eaFd shall be deemed t9 FeeemmeRd apPF8yal ef PlaR
geyelepmeRt eptieRs witheut eeRditie If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 17. (page 19— Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section 111-D-3-d (first paragraph)
The Board of Commissioners shall receive the Planning Department's report and the Planning
Board's recommendation. withiR feFty five (46) days ef the PlaAR*Rg BeaFd FAee#Wat whieh t
applieatieR is feFwaFded te the GeFAFAi i - .
Section 18. (page 19-20—Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section III-D-3-d (fourth paragraph)
The 8eaFd ef Ge s shall take aetieR en the pFepesalwithin feFty fiye (46) da 00--lese
ef the Ggunty Ge s FReeting at whieh the PlaRRing BeaFd's FeeeFRFReRdatien is Submitted
G:/robert/PBORDTXT.doc/nov99/rpd
23
The Board of
County Commissioners shall hear the application within 90 days after receiving the Planning
Board report and the Planning Staff report. The Commissioners shall have an additional 60
days in which to approve, approve with conditions or deny the application.
Section 19. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b third paragraph — second sentence)
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant. within +eR (4rn days_afteF said
dee;6ien is made.
Section 20. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b (fourth paragraph)
The PlanniRg PepakmeFit shall take aetieR within fe" five (45) days ef the date ef aeGeptaFl6e ef t
Section 21. page 24b —Subdivision Regulations) Appeal Procedures
Section III-D-5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed to the Board of Commissioners. if appealed, the applieatieA shall be plaeed 98 the Re)d
The Board of Commissioners shall have
final approval authority, and where applicable, all Final Plats shall contain information and/or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision. within ten ism
days afteF said dee;GieR is made
Section 22. (page 79 —Subdivision Regulations) Action Subsequent to the Date of Public Hearing
Section VII-D-4 (third paragraph)
The Planning Board shall submit its recommendations, including the reasons for its determination, to
the Board of Commissioners. •. iseyenty fie (76) days afteF s eh affieR FReAt° haYe `eeR
If the Planning Board fails to take
action within two regularly scheduled meetings, or extension thereof, the application shall be
forwarded to the Board of County Commissioners with the Planning Board minutes and the
Planning Staff recommendation and conditions, if any.
Section 23. Proposed Zoning Ordinance New Language: Amend DETAILED TABLE OF
CONTENTS in the Orange County Zoning Ordinance by adding Section 1.6 entitled Applications to
G:/robert/PBORDTXT.doc/nov99/rpd
24
be Processed Expeditiously and inserting under GENERAL PROVISIONS a new section 1.6
Applications to be Processed Expeditiously on page 1-2 with the following language:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 24. (page 2-11 -Zoning Ordinance) Board of Adiustment Administration
Section 2.3.3.7 (second and third paragraphs)
The Board shall act on all applications before it. , with e*eeptien ef appeal ef a Step WOFk GFdeF,
4
WithiA GWY daYS (60) ef Feee.pt ef the applieetien.
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer withiR fiftee-n
(16) days fFeFn the date ef the Netiee ef Appeal. at its next regularly scheduled meeting.
Section 25. (page 3-1 -Zoning Ordinance) Maintenance Responsibility
Section 3.5
The Zoning Officer shall be responsible for entering amendments to the Official Zoning Atlas. Sweh
eRtFies shall be made within thFee WeFking days ef the date ef pasrage ef sweh ameRdweRte.
Section 26. (Appendix B-Zoning Ordinance (EDD Design Manual)) Approval Procedures/Site Plan
Requirements Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date eA-3*00 p.FA. in
G8RfeFeF;ee Reem #4 ef the Planning and Agricultural Building.
Section 27. (page 8-4 -Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 8.4.3 (first and second paragraphs)
WithiR feFty fiie (46) days ef the FeGelpt ef the applioatieR, eemplete in all Feepe he Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation, and health regulations, and, based upon that
analysis, prepare a recommendation for consideration by, in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
The feFty fiye (46) day peFied Fnay be ex4ended, with the WFitteR eeneeRt ef the applieant, up t9 a
. ium ef si* (60) days.
Section 28. (page 8-4-Zoning Ordinance) Recommendation Submitted to Planning Board or Board
of Adjustment Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the fiFSt FegWlaF FneetiRg 9. the
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B, Special Uses, at the fiffit F8gUIaF FAeetiAg afteF the -XpiFatien ef the feFty five (45) day peFied
spesified iR 8.4.3 eo any ex4ensieR ther-ee
G:/ro bert/PBORDTXT.doc/nov99/rpd
25
Section 29. (page 8-5 —Zoning Ordinance) Planning Board Action on Class A Special Uses
Section 8.4.6 (first and second paragraphs)
The Planning Board, withiR (60) days--ef the— neet-iRq at whish the—Zoning 's
FeeemmeRdatiem we submitted, shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the application. If the Planning Board fails to take
action within two regularly scheduled meetings, or extension thereof, the application shall be
forwarded to the Board of County Commissioners with the Planning Board minutes and the
Planning Staff recommendation and conditions, if any.
FmailWFe ef the Planning 89aFd te submit a FeeemmendatieR within the FeqWiFed tiffle shall be
Section 30. (page 8-6 —Zoning Ordinance) Action Subsequent to the Board Action
Section 8.5 (first paragraph)
The Zoning Officer shall cause notice of the disposition of the application to be
sent by certified mail to the applicant and a copy of the decision to be filed in the office of the Zoning
Officer.
Section 31. (page 20-2 —Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 20.3.3
The Zoning Officer shall, within 30 days ef the Feeeipt ef aFi appleeatieFi te affleAd the ZeRiRg Atlas,
cause an analysis to be made of the application and, based upon that analysis, prepare a
recommendation for consideration by the Planning Board and the Board of County Commissioners.
s;* (60) days. The 30 day PF9YisieR shall net apply te applisatiens fGF ameF;dFReAt te the ZeAiRg
gF d;F;a wee +e t
Section 32. Page 20-3—Zoning Ordinance) Referral of Amendment Application to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Planning
Board for consideration and recommendation to the Board of County Commissioners. at the
t
Section 33. (page 20-4 - Zoning Ordinance) Action Subsequent to the Date of Public Hearing
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. If the Planning Board fails to take action within two regularly
scheduled meetings, or extension thereof, the application shall be forwarded to the Board of
County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
G:/robert/PBORDTXT.doc/nov99/rpd
26
Said time limit Fnay be exteRded WPeR Fequeet ef the applieaRt. Amendments initiated by Orange
County shall not be subject to time limitations other than those specified by the Board of County
Commissioners during the public hearing process.
FailwFe ef the RaFiRing i3eaFd te submit a Fee FnmeRdatien withiR the FeqUiFed tiFne shall be
WeFed a faveFable Fesemmendatien, witheut eeRditieRs.
The Board of County Commissioners shall not consider enactment of the proposed amendment M-R&
si* (60) days afteF the fiFst date ef the publie heaFiRq until the Planning Board either makes this
its recommendation or takes no action on the application within two regularly scheduled
meetings. , WhiGheV9F eemes fi In making its decision, the Board of Commissioners shall
consider all relevant evidence presented at the joint public hearing and any new evidence which was
considered by the Planning Board in making its recommendation.
Section 34. This ordinance shall become effective upon adoption.
Clerk, Board of County Commissioners Chair, Orange County Commissioners
(Signature) (Signature)
Date and Seal
G:/robert/PBORDTXT.doc/nov99/rpd
ADMINISTRATION PROPOSAL 27
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning
Ordinance and the Subdivision Regulations are hereby amended as follows:
Section 1. Proposed Subdivision Regulation New Language: Amend CONTENTS by re-writing
Section I to read Purpose, Authority, Jurisdiction, Private Property Rights and Applications to
be Processed Expeditiously and inserting a new section I - E. Applications to be Processed
Expeditiously on page 2 of the Subdivision Regulations for Orange County, NC to read as follows:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 2. (page 9 -Subdivision Regulations) Determination of Classification
Section III-B-1 (fifth paragraph)
if the rubdiyideF wishes to appeal the deeis.en ef the Planning Depadment FegaFding the
elassifieatien ef a subd;y;sieR, he' ' I , deeisien te the Planning BeaFd at its ne)d
FegUlaF meeting. The Planning Beafd ��wn
I.a.- final appFeYal alltheFoty FegaMing elassifleatien e
the subdayisien. All sueh appeals must be Fnade, iFi wFiting, withiR thiFty (30) days of the deeisien e
the Planning DepaFtment. The Planning DepaFtment's deteMinatien of elassifleatien Fnay-13e,
appealed by filing a MajGF subdivision Fequest and following its -n Seet-en M D
entitled A139Feval PFeseduFes fGF Maier gubdovaslens6
'he Planning BeaFd in all sueh appeals shall make findings ef faet on supper-t ef its deeisien and shall
netify the subdiyideF in writing.-,. efitdeeisien within ten (10) days afteF said deeisien is Fnade.
Section 3. (page 9 -Subdivision Regulations) Concept Plan Submission
Section 111-C-1 (fourth paragraph)
The Planning DepaFtment shall eemplete its Feyiew ef the Geneept Plan within feuFteen (14) days-liarf
submissien by the applieent. One (4) eepy of the Geneept RaR Shall be Fetained by the Plannip@
DepaFtment, and eRe (4) eepy shall be FetUFned te the subdivideF eF his4heF autheFiged agefit-
Section 4. (page 11-Subdivision Regulations) Review and Approval Procedures
Section III-C-3 (fourth paragraph)
The Planning Department shall notify the applicant of its action., ineluding any eenditiens a#aeh
theFete, within feFty flye (46) days feliewing of the appli-ation, OF WithiH sueh fuAheF tome
eensented to by wFiften netiee the applie if rr the Planning DepaFtment fails to FeFideF a
deeis'en w-thiR the spee-fied time peFied, 8F e)densiens theFeef, the applieatiGn is appFOyed aS
submMed.
Section 5. (page 12 —Subdivision Regulations)Appeal Procedures
Section III-C-5 (first and second paragraphs)
The decision of the Planning Department regarding a minor subdivision application may be appealed
to the Board of County Commissioners. If appealed, the applieatien shall be plaeed en the next
FegUlaF meeting agenda ef the Planning Be The Board of County Commissioners shall have
G:/robert/ADMINORD.doc/nov99/revFebOO/rpd
ADMINISTRATION PROPOSAL 28
final approval authority, and, where applicable, all Final Plats shall contain information and/or
conditions approved by the Commissioners.
The Board of County Commissioners in all such appeals shall make findings of fact in support of its
decision. The subdivider shall be notified, in writing, of the Commissioner's decision. within ten (4-0)
days afteF said deeisien is made.
Section 6. (page 14— Subdivision Regulations) Neighborhood,Information Meeting
Section III-D-1.d (first paragraph-second sentence)
The Neighborhood Information Meeting (NIM) shall be held withiR 16 days ef aegeptanee 9
applieatien, and netie a minimum of 14 days prior to the Planning Board meeting at which the
concept plan is scheduled to be heard. Notices of the NIM shall be mailed by first class mail at
least ten (10) days prior to the date of the meeting.
Section 7. (page 14 — Subdivision Regulations) Planning Department Review Procedures
Section III-D-1-e (first paragraph)
Within thiFty (30) days ef the date ef the PjeighbeFheed lFifeffnatien MeetiRg EIF within sWeh fUFtheF
time eensented te iR WFitiAg by the applieant, the The Planning Department shall submit to the
Planning Board its recommendation, including a written analysis of the Concept Plan; its general
compliance with the requirements of this Ordinance, the Comprehensive Plan, and other applicable
codes and ordinances, and the comments of neighboring property owners expressed at the
Neighborhood Information Meeting. if the Planning Depai:tmeFit fails te PFePaF FepeFt te
Planning BeaFd within the speeffied time peFied, OF exteRsien ther-eef, the Geneept Plan
FeeemmeRded witheut eenditien The Planning Staff shall be allowed to defer the application
and its recommendation for one (1) meeting beyond the Planning Board meeting at which the
application is scheduled to be heard.
Section 8. (page 14a — Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-1-f (fourth paragraph)
The Planning BeaFd shall take aetien within feFty fiYe (46) days ef the FHeetiR0 iA whieh the PlaARiH
DepaFtment's FepeFt is submitted te it eF With-H sueh fuFtheF time eensented te in wFitiAg by
applioant. if the Planning 13eaFd fails te take aetien within the spe6ified tiffie peFied, eF e)deHSi
ther,eef, the Planning Beard shall be deemed te meemmend appFeyal ef the Geneept Plan
Develepment eptiens without eenditiens. If the Planning Board falls to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 9. (page 14a —Subdivision Regulations)Action Subsequent to Approval
Section 111-D-1-g (third paragraph)
From the date of approval of the Concept Plan Development Options by the Planning Board, the
applicant shall have erne—(-4) yer F two (2) years in which to prepare and file an application for
Preliminary Plat approval. If a Preliminary Plat for subdivision has not been submitted within the
specified time limit, the Concept Plan Development Options shall become null and void.
Section 10. (page 14a — Subdivision Regulations)Appeal Procedures
G:/robert/ADMrNORD.doc/nov99/revFebOO/rpd
ADMINISTRATION PROPOSAL 29
111-D-1-h (first paragraph)
The decision of the Planning Board regarding Concept Plan Development Options may be appealed
to the Board of Commissioners. Any notice of appeal shall be filed, in writing, with the Planning
Director within 15 days after the date of the Planning Board's decision. If the appeal involves
a plan/map approval, sixteen (16) copies of the plan/map shall be submitted along with the
written appeal. if appealed' the Deyelepment Optiens shall be plaeed en the neA Fegu!aF meeting
agenda ef the BeaFd -ef-GeffirnissieneFS, The Board of Commissioners shall have final approval
authority, and where applicable, all Concept Plan Development Options shall contain information
and/or conditions approved by the Board of Commissioners.
Section 11. (page 14c-Subdivision Regulations) Planning Department Review Procedures
Section III-D-2-b (second paragraph)
Wathin feFty flye (46) days ef the date ef aeeeptanee ef the Geneept Plan OF Within SUGh fUFtheF tiffie
eeneented te iR WFitiRg by the applieant, The Planning Department shall submit to the Planning
Board a written analysis of the Concept Plan and its recommendation. If *k8- P1-;;AniHg DepaFtFReAt
fails te pr-epaFe a r-epeFt te the Piannifig BeaFd within the speeffied time peO ...... theFeef-,
the Geneept Plan witheut eenditiens. The Planning Staff shall be allowed to defer
the application and development recommendation for one (1) meeting beyond the Planning
Board meeting at which the application is scheduled to be heard.
Section 12. (page 14d -Subdivision Regulations) Planning Board Review and Approval Procedures
Section III-D-2-c (third paragraph)
The Planning BeaFd shall take aetien on the pFePeGal, within feFty fi-ve (46) days ef the meeting
whieh the PlanniRg DepaFtFrient's FepeFt is submitted te it OF With.191 sueh fuFtheF time eensented te Iff
iting by the applieaRt. if the Planning BeaFd fails te take -Aettimen ywfitthin the speeified time peFied, ,e
extensien theFeef, the Planning BeaFd shall be deemed teFeeemmend appFeyal ef the Geneept P
Deyelepment eptiens witheut eenditieRs. If the Planning Board falls to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board minutes and the Planning Staff
recommendation and conditions, if any.
Section 13. (page 14d -Subdivision Regulations)Action Subsequent to Approval
Section III-D-2-d (second paragraph)
From the date of approval of the Concept Plan by the Planning Board, the applicant shall have eF►e
(1) yeaf two (2) years in which to prepare and file an application for Preliminary Plat approval. If a
Preliminary Plat for the subdivision has not been submitted within the specified time limit, the
Concept Plan shall become null and void.
Section 14. (page 14d-Subdivision Regulations)Appeal Procedures
Section 111-D-2-e (first paragraph)
The decision of the Planning Board regarding a Concept Plan may be appealed to the Board of
Commissioners. Any notice of appeal shall be filed, in writing, with the Planning Director within
15 days after the date of the Planning Board's decision. If the appeal involves a plan/map
approval, sixteen (16) copies of the plan/map shall be filed along With the written appeal. 4f
appealed, the Geneept PlaH shall be plaeed en the neXt FequlaF meeting agenda ef the Bear-d
Gemm'ss;eneffi. The Board of Commissioners shall have final approval authority, and, where,
G:/robert/ADMINORD.doc/nov99/revFebOO/rpd
ADMINISTRATION PROPOSAL 30
applicable, all Concept Plans shall contain information and/or conditions approved by the Board of
Commissioners.
Section 15. (page 18— Subdivision Regulations) Planning Department Review Procedures
Section III-D-3-b (fifth paragraph)
Upon receipt of the comments and recommendations from review officers and agencies, the Planning
Department shall submit to the Planning Board a written analysis of the application and its
recommendation. The FepeFt shall be prepared and submitted to the PlanHing 13eaFd within eighty
fiye (86) days ef the date ef aeeeptanee ef the applieetien OF WithiA SUeh tiffle eeMeHted te iH
by the applieaRt. if the Planning DepaFtment fails to pFepaFe a FepeFt te the PlanniAg Sear-d within
speeified time lifflit, eF extensiens theFeef, the applieetie i nended Mheut e 3ndKiens. The
Planning Staff shall be allowed to defer the application and its recommendation for one (1)
meeting beyond the Planning Board meeting at which the application is scheduled to be
heard.
Section 16. (page 18—Subdivision Regulations) Planning Board Review Procedures
Section III-D-3-c (third paragraph)
The Planning BeaFd Shall PFepaFe its Feeemmendatiens within fiye (46) days ef the FneetiAg at
whieh the Planning DepakmeAVS FepeFt is submifted te it eF WithiR sWGh fWFtheF tiffle e8RseAted te iff
WFWAO by the applieent. if the Planning BeaFd fails te take aetien within the speeified time peFied,
eAensien theFeef, the Planning BeaFd hall be deemed tO Feeemmend appFeyal ef the Geneept Plan
Deyelepment eptiens witheut eenditiens. If the Planning Board fails to take action within two
regularly scheduled meetings, or extension thereof, the application shall be forwarded to the
Board of County Commissioners with the Planning Board. minutes and the Planning Staff
recommendation and conditions, if any.
Section 17. (page 19— Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section III-D-3-d (first paragraph)
The Board of Commissioners shall receive the Planning Department's report and the Planning
Board's recommendation. within flye (4 6) days of the PlaRning 13eaFd meetin at whieh
applieatien is ferwaFded te the Ge i ry.
Section 18. (page 19-20 — Subdivision Regulations) Board of Commissioners Review and Approval
Procedures
Section III-D-3-d (fourth paragraph)
The Bear-d ef GeFnFnssieRer-s shall take aetien en the pFepesal withki feFty fiye (46) dayr, ef the el
of the Geunty Gemmi i peting at whieh the Planning 13eaFd'S Feeemmendatien is submitte
tG it 9F WithiR sueh fukheF ti ited te iA WFWAg by the applieant. if the BeaFd of
G9FnFA*ss;eneFs fails te take aetien within the speeified time peFied, OF extensions ref;-the Be
of Gemmis-* y be deemed te appFeye the applieetion witheut eenditiens. The application
shall be placed on the Board of County Commissioners agenda within 90 days of the Planning
Board recommendation. The Board of County Commissioners shall consider the application
within a reasonable amount of time. During deliberations and consideration of the
application the Board may include the reasons for the need for additional analysis and review.
G:/robert/ADMINORD.doc/nov99/revFebOO/rpd
ADMINISTRATION PROPOSAL 31
Section 19. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b third paragraph — second sentence)
If the Planning Department approves the application with conditions or denies the application, the
reasons for such decision shall be stated in writing to the applicant. within ten (10) days afteF said
dee'sien 's made.
Section 20. (page 24a — Subdivision Regulations) Review and Approval Procedures
Section III-D-4-b (fourth paragraph)
The Planning DepaFtment shall take aetien within feFty five (46) days ef the date ef aeeeptanee ef
Final Plat applieatieR eF WithiH sueh fuFtheF tiffle eeRsented te iR WFiting by the applieaRt. if the
Planning Depakment fails to take aetien withiR the spe6fied time peFied, OF extensien theFeef, t
Planning DepaFtment shall be deemed to Feeemmend appFeval ef the applieatien without eenditiens.
Section 21. page 24b — Subdivision Regulations) Appeal Procedures
Section III-D-5 (first and second paragraph)
The decision of the Planning Department regarding a Major Subdivision Final Plat application may
be appealed to the Board of Commissioners. if appealed, the applieatien shall be plaeed en the ne
FegulaF meetiAg agenda ef the BeaFd ef G The Board of Commissioners shall have
final approval authority, and where applicable, all Final Plats shall contain information and/or
conditions approved by the Board of Commissioners.
The Board of Commissioners in all such appeals shall make findings of fact in support of its decision.
The applicant shall be notified, in writing, of the Board of Commissioners' decision. within ten (4Q)
days afteF said deeisien is Fnade
Section 22. (page 79 — Subdivision Regulations)Action Subsequent to the Date of Public Hearing
Section VII-D-4 (third paragraph)
The Planning Board shall submit its recommendations, including the reasons for its determination, to
the Board of Commissioners. within seyenty fiye (7-6) days afteF sueh affleRdffleRtS haye b
Fefeffed to the Plafining i3eaFd. -Failum te SUbMit a Feeemmendatien withiR the speeified peded shall
eenstitute a fayeFable Feeemmendatien by the Planning BeaFd. The Board of County
Commissioners may direct the Planning Board to provide a recommendation by a date
certain. If the Board of County Commissioners does not so direct, the Planning Board shall
make its recommendation within three regularly scheduled Planning Board meetings. If the
Planning Board falls to make a recommendation as directed by the Board of County
Commissioners or within three regularly scheduled Planning Board meetings, whichever is
applicable, the application shall be forwarded to the Board of County Commissioners without
a Planning Board recommendation.
Section 23. Proposed Zoning Ordinance New Language: Amend DETAILED TABLE OF
CONTENTS in the Orange County Zoning Ordinance by adding Section 1.6 entitled Applications to
be Processed Expeditiously and inserting under GENERAL PROVISIONS a new section 1.6
Applications to be Processed Expeditiously on page 1-2 with the following language:
Recognizing that inordinate delays in acting upon appeals or applications may impose
unnecessary costs on the appellant or applicant, the county shall make every reasonable
G:/robert/ADMINORD.doc/nov99/revFcbOO/rpd
ADMINISTRATION PROPOSAL 32
effort to process appeals and permit applications as expeditiously as possible, consistent
with the need to ensure that all development conforms to the requirements of this chapter.
Section 24. (page 2-11 -w-Zoning Ordinance) Board of Adjustment Administration
Section 2.3.3.7 (second and third paragraphs)
The Board shall act on all applications before it. , with e)(eeptien ef appeal ef a Step WBFk QFdeF,
within si)dy days (60) of Feeeipt ef the applieetien.
The Board shall act on any appeal of a Stop Work Order issued by the Zoning Officer within fifteeff
(4 6) days fFem the date ef the Netiee ef Appeal-. at its next regularly scheduled meeting.
Section 25. (page 3-1 —Zoning Ordinance) Maintenance Responsibility
Section 3.5
The Zoning Officer, or designee, shall be responsible for entering amendments to the Official Zoning
Atlas. Sueh eRtFies shall be Fnade within thFee W9Fking days ef the date of passage ef sush
ameRdments-.
Section 26. (Appendix B—Zoning Ordinance (EDD Design Manual)) Approval Procedures/Site Plan
Requirements Section 6.29.3
E. Development Review Meeting
The Development Review Meeting will take place on the scheduled date at-3:89--p. in
GenfeFenee Reem #1 ef the Planning and Agricultural Building.
Section 27. (page 8-4 —Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 8.4.3 (first and second paragraphs)
Within feFty We (46) days ef the Feeeipt ef the app! eatien, eemplete in all Fespeets-,--The Zoning
Officer shall cause an analysis to be made of the application by qualified representatives of the
County and such other agencies or officials as appear appropriate in the Comprehensive Plan,
zoning, subdivision, soil erosion and sedimentation, and health regulations, and, based upon that
analysis, prepare a recommendation for consideration by, in the case of a Class A, Special Uses, the
Planning Board and Board of County Commissioners and, in the Case of Class B Special Uses, the
Board of Adjustment.
The fedy flye (46) day peFied Fney be extended, with the WF;#eF1 sensent ef the applueant, up t
.mum ef si* (60) days7
Section 28. (page 8-4—Zoning Ordinance) Recommendation Submitted to Planning Board or Board
of Adjustment Section 8.4.4
The Zoning Officer shall submit the analysis and recommendation to the fiFst FegulaF Fneeting e
Planning Board, in the case of Class A, Special Uses, or the Board of Adjustment, in the case of the
Class B, Special Uses. , at the first FegulaF fneetiRg afteF the expir-atien ef the feFty flye (46) day
d spee-fied iig 8.4.3 GF any extensien theFee
Section 29. (page 8-5—Zoning Ordinance) Planning Board Action on Class A Special Uses
Section 8.4.6 (first and second paragraphs)
G:/robert/ADMINORD.doc/nov99/revFebOO/rpd
ADMINISTRATION PROPOSAL 33
The Planning Board, '
submitted,Feeemmendatien is shall prepare and submit for the Board of County Commissioners a
recommendation concerning the disposition of the application. The Board of County
Commissioners may direct the Planning Board to provide a recommendation by a date
certain. If the Board of County Commissioners does not so direct, the Planning Board shall
make its recommendation within three regularly scheduled Planning Board meetings. If the
Planning Board fails to make a recommendation as directed by the Board of County
Commissioners or within three regularly scheduled Planning Board meetings, whichever is
applicable, the application shall be forwarded to the Board of County Commissioners without
a Planning Board recommendation.
FailWe ef the Planning BeaFd te submit a Feeemmendatien within the FeqWiFed Wne Shall be
Section 30. (page 8-6 —Zoning Ordinance) Action Subsequent to the Board Action
Section 8.5 (first paragraph)
The Zoning Officer shall cause notice of the disposition of the application to be
sent by eekifaed U.S. Mail, First Class to the applicant and a copy of the decision to be filed in the
office of the Zoning Officer.
Section 31. (page 20-2 —Zoning Ordinance) Zoning Officer Prepares Analysis and Recommendation
Section 20.3.3
The Zoning Officer shall, within 30 days ef the Feeeipt of an applieatien to amend the Zening Atlas,
cause an analysis to be made of the application and, based upon that analysis, prepare a
recommendation for consideration by the Planning Board and the Board of County Commissioners.
si)dy (60) days. The 30 day PFeVi8i8H Shall Ret apply te applaeatiens feF amendment te the Zening
QFdananee text.
Section 32. Page 20-3 —Zoning Ordinance) Referral of Amendment Application to Planning Board
Section 20.4
The Zoning Officer shall submit any application for amendment to the Zoning Atlas to the Planning
Board for consideration and recommendation to the Board of County Commissioners. at the
theFeef. Thus pFeyisil en shall net apply te any applieatien feF amendment te the Zening Gpdinanee
Section 33. (page 20-4 - Zoning Ordinance) Action Subsequent to the Date of Public Hearing
Section 20.7.2 (second, third and fourth paragraphs)
The Planning Board shall after the date of the public hearing prepare and
submit for the Board of County Commissioners a recommendation concerning the disposition of any
application submitted by the public. The Board of County Commissioners may direct the
Planning Board to provide a recommendation by a date certain. If the Board of County
Commissioners does not so direct, the Planning Board shall make its recommendation within
three regularly scheduled Planning Board meetings. If the Planning Board fails to make a
G:/robert/AD MINORD.doc/nov99/revFeb00/rpd
ADMINISTRATION PROPOSAL 34
recommendation as directed by the Board of County Commissioners or within three regularly
scheduled Planning Board meetings, whichever is applicable, the application shall be
forwarded to the Board of County Commissioners without a Planning Board recommendation.
Said time limit Fnay be extended-WPeA Fequest of the app""ant Amendments initiated by_Orange
County shall not be subject to time limitations other than those specified by the Board of County
Commissioners during the public hearing process.
tiffle Shall be
The Board of County Commissioners shall not consider enactment of the proposed amendment
sixty (60) days afteF the fiFst date ef the publie heaF'Rg until the Planning Board either makes Wis
its recommendation or takes no action on the application as prescribed in this section.
wh4eheYeF eeFnes fiffi+ In making its decision, the Board of Commissioners shall consider all relevant
evidence presented at the joint public hearing and any new evidence which was considered by the
Planning Board in making its recommendation.
Section 34. This ordinance shall become effective upon adoption.
(Signature) (Signature)
Clerk, Board of County Commissioners Chair, Orange County Commissioners
Date and Seal
G:/roberdADMINORD.doc/nov99/revFeb00/rpd
4. Each member of the special Orange County Board of Equalization and Review shall
be a resident of Orange County, should have paid all Orange County taxes
currently owed, and have the statutory qualifications necessary to hold the public
office of County Commissioner in Orange County.
The Orange County Board of Commissioners shall appoint members to the special Board of
Equalization and Review of Orange County in the same manner as it uses for other appointments.
After the members of the special Board of Equalization and Review of Orange County have been
appointed, the Orange County Board of Commissioners shall designate a chairman of the special
Board.
This, the 2e day of February, 2000.
VOTE: UNANIMOUS
e. Text Amendments to Subdivision Regulations and Zoning Ordinance
The Board was to consider proposed revisions to subdivision regulations and the
zoning ordinance.
Commissioner Jacobs suggested that this item be postponed until the next meeting.
f. Creation of BOCC Open Space Task Force
The Board considered creating an open space task force with associated charge,
structure and timeline.
Commissioner Gordon said that she and Commissioner Brown have proposed to create
a BOCC Open Space Task Force to try to move along some items that would be coming to the
Board's attention. The charge of this group would be to make recommendations to the
Commissioners for integrating the parks report and the Lands Legacy Program. The task force
would also make recommendations to the Commissioners about facilitating the implementation of
the reports.
Commissioners Gordon and Brown will serve on this task force. Commissioner Jacobs
would like to participate as well; either with announced meetings or a rotating schedule.
Discussion ensued on the validity and appropriateness of having three County
Commissioners serve on a committee.
Commissioner Jacobs said that he is uncomfortable with the way this is being done.
He feels if he has just as much interest as the other two Commissioners in working with this issue,
he should work on the task force.
Commissioner Halkiotis suggested tabling this item for the next meeting and having the
Chair poll the members to try to come to a resolution.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
table this item.
VOTE: UNANIMOUS
10. REPORTS
a. "A New Consensus for Farmland Preservation" —Stakeholders Listing
The Board was to review a draft list of stakeholders for participation in the "New
Consensus for Farmland Preservation" initiative. However, this item was postponed to a future
meeting.
11. APPOINTMENTS
The Board considered appointments of trustees to the Cedar Grove Volunteer Fire
Department.
A motion was made by Commissioner Halkiotis, seconded by Commissioner Brown to
I - I