HomeMy WebLinkAboutAgenda - 02-25-2013 - C1ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 25, 2013
Action Agenda
Item No. C.1
SUBJECT: Unified Development Ordinance Text Amendments — Modification of Site Plan
Submittal Requirements
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) I Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (UDO /Zoning 2012 -016)
2. UDO Amendment Package
3. Memo from the Commission for the
Environment (CFE)
3
Michael D. Harvey, Planner III (919) 245 -2597
Reynolds Ivins, Erosion Control (919) 245 -2586
Craig Benedict, Director (919) 245 -2575
PURPOSE: To hold a public hearing on Planning Director initiated text amendments to the
Unified Development Ordinance (UDO) in regards to the submission of formal site plans for
projects requiring stormwater plan approval.
BACKGROUND: On April 17, 2012 the BOCC approved a UDO amendment package
incorporating recent stormwater management and nutrient reduction strategies implemented by
the State. This included the establishment of land disturbance thresholds for both residential
and non - residential projects requiring submittal of formal, engineered, stormwater plans. Please
refer to Section B.1 of Attachment 1 for additional information on these thresholds.
This amendment seeks to clarify existing language within the UDO denoting when a formal site plan
is required and adds language requiring formal site plan submittal in those instances where
proposed land disturbance exceeds established stormwater management thresholds. Staff is also
proposing to include language requiring the development of formal stormwater plans, consistent with
established land disturbance thresholds, for minor and major subdivisions. Please refer to Section
B.2 of Attachment 1 for additional information.
Attachment 2 contains the proposed amendments with additions shown in iiii d text and
proposed deletions are shown in iiii iiii iiii as well as footnotes documenting the
rationale for the proposed modification. Attachment 3 contains a memorandum from the CFE,
which reviewed the proposal at its January 14, 2013 regular meeting.
Ordinance Review Committee (ORC) Review: The Planning Board ORC reviewed the proposed
amendments at its January 9, 2013 regular meeting. The proposed text in Attachment 2 includes
modifications made based on comments received at the ORC. Please refer to Section C.2 (a) of
Attachment 1 for a summary of the Board member's comments.
Notification Procedural Requirements: Legal ads for the public hearing were placed in a
newspaper of general circulation in the County in accordance with Section 2.8.7 of the UDO.
FINANCIAL IMPACT: See Section C.3 in Attachment 1.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the proposed amendments to the Unified Development Ordinance as detailed in
this abstract and attachments.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the May 7, 2013 BOCC regular meeting.
4. Adjourn the public hearing until May 7, 2013 in order to receive and accept the Planning
Board's recommendation and any submitted written comments.
Attachment 1
COMPREHENSIVE PLAN/ FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMEN DMENTOUTLIN E
UDO / Zoning- 2012 -016
61
Amendment(s) requiring submittal of formal site plans and stormwater management
plans for residential and non - residential projects
A. AMENDMENT TYPE
Map Amendments
F-1 Land Use Element Map:
From: - --
To: - --
F-1 Zoning Map:
From:- --
To: - --
F-] Other:
Text Amendments
F-1 Comprehensive Plan Text:
Section(s):
F;J UDO Text:
F_IUDO General Text Changes
F;JUDO Development Standards
F IUDO Development Approval Processes
3ection(s): 1. Section 2.4.1 Zoning Compliance Permits - Applicability
2. Section 2.5.2 Application Requirements
3. Section 7.6.3 Land Suitability
F-] Other:
B. RATIONALE
1. Purpose /Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
1
Eel
initiated a text amendment to modify existing language requiring the submittal of
formal stormwater plans as part of subdivision and development applications.
The State recently implemented stormwater management and nutrient reduction
strategies. As part of these strategies, the County recently modified existing regulations
mandating the preparation and submittal of formal, engineered, stormwater management
plans as part of any development project where proposed land disturbance reached the
following thresholds:
Watershed /River Basin
Stormwater — Non-
Stormwater — Residential
residential
Cape Fear (includes the
Projects proposing over
Projects proposing over
Back Creek, Haw River,
21,780 square feet of
43,560 square feet of
Cane Creek, Jordan Lake,
disturbance are required to
disturbance are required to
and University Lake
submit a stormwater
submit a stormwater
protected and critical
management plan.
management plan.
watershed overlay districts
as well as those properties
within the basin not located
in a watershed overlay
district).
Neuse (includes Flat River,
Projects proposing over
Projects proposing over
Little River, Upper and
12,000 square feet of
21,780 square feet of
Lower Eno protected and
disturbance are required to
disturbance are required to
critical watershed overlay
submit a stormwater
submit a stormwater
districts as well as those
management plan.
management plan.
properties within the basin
not located in a watershed
overlay district).
Roanoke (includes South
Projects proposing over
Projects proposing over
Hyco Creek protected
20,000 square feet of
43,560 square feet of
watershed overlay district).
disturbance are required to
disturbance are required to
submit a stormwater
submit a stormwater
management plan.
management plan.
These changes were incorporated into the UDO on April 17, 2012. The agenda packet
for this meeting can be found utilizing the following
link: http://orangecountync.gov/OCCLERKS/120417.htm
Currently there are conflicting requirements within the UDO detailing when a formal,
professionally prepared, site plan is required.
For example Section 2.4.1 requires a professionally prepared site plan for single - family
developments on property located within the University Lake Protected and Critical
Watershed Overlay Districts. Section 2.5.2, the section of the UDO addressing site plan
application requirements, specifically exempt single - family development projects from
submitting a professionally prepared site plan.
0,
7
Problems also arise in those instances where a project's proposed overall land
disturbance requires submission of a formal stormwater management plan.
Staff does not want there to be conflicting information provided to the public as to when a
formal site plan is required nor do we want the staff of Current Planning and Erosion
Control to potentially be looking at 2 different sets of plans proposing the development of
a given property.
This proposed amendment is designed to:
1. Require formally prepared site plans for those projects exceeding established
stormwater disturbance thresholds for residential projects.
Submittal of formal site plans is already required for all non - residential projects
regardless of the proposed land disturbance activity.
2. Incorporate references within various locations of the UDO identifying which
land development projects need to comply with these standards in an effort to
eliminate confusion and provide definitive application submittal standards.
3. Add language requiring stormwater management plans for minor and major
subdivisions where anticipated land disturbance activities would exceed
established thresholds.
Both Planning and Erosion Control staff agree potential problems can be
eliminated if there is a formal stormwater management plan approved during
the subdivision review and approval process.
2. Analysis
As required under Section 2.8.5 of the Orange County Unified Development
Ordinance, the Planning Director is required to: `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'.
The proposed amendment is designed to incorporate established stormwater
management land disturbance thresholds into existing language within the UDO requiring
formal site plan preparation and submittal by an applicant when said thresholds are
exceeded.
By modifying existing language we hope to eliminate unnecessary cost for the applicant,
with respect to the completion of multiple site plans, and provide sufficient detail to
residents, property owners, and developers on when formal site plan preparation is
necessary.
The amendment is also designed to provide a `central site plan' for review to ensure staff
is reviewing and taking action on the same document to avoid confusion and
unnecessary duplication of effort.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
This amendment is designed to provide additional references to existing
3
development standards already contained within the UDO.
4. New Statutes and Rules
This amendment is designed to reference compliance with recently adopted
modifications to the UDO related to stormwater management and nutrient reduction
standards consistent with the following State regulations:
• 15A NCAC 2B. 0277 Falls Lake Stormwater New Development Rule
• 15A NCAC 2B. 0265 and Session Law 2009 -484 Jordan Lake Stormwater
New Development Rules
C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
November 8, 2012. The BOCC voted unanimously to authorize staff to proceed
with the amendment. Board members also requested staff present the proposed
amendment to the Commission for the Environment (CFE) for its input. Staff
presented this item to the CFE at its January 14, 2013 regular meeting. Please
refer to Attachment 3 for additional information.
b. Quarterly Public Hearing
February 25, 2013
c. BOCC UDdates /CheckDOints
January 9, 2013 - BOCC members can view materials to be reviewed by the
Planning Board's Ordinance Advisory Committee (ORC) as part of the
Planning Board materials posted on -line each month. Packet materials
can be viewed utilizing the following
link: http://orangecountync.gov/planning documents/PBPacketJan2013. pdf
February 5, 2013 — BOCC members approved the legal advertisement for the
February 25, 2013 Quarterly Public Hearing with this item on the agenda.
May 7, 2013 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
11
E:]
January 9, 2013 - Ordinance Review Committee (ORC).
01
A Planning Board member identified a punctuation error in Section 2.4.1 of the
proposed amendment. An error was also identified within the site plan flow chart
contained in Section 2.5.2. Staff has modified the proposal accordingly.
There was also a general discussion over staff's recommendation to modify
Section 2.4.1 expanding the list of Watershed Protection Overlay Districts
requiring a professionally prepared site plan allowing for development. Staff
agreed to solicit guidance from the BOCC at the public hearing.
March 6, 2013 -April 3, 2013 (recommendation)
b. Advisory Boards:
Commission for the Environment
(CFE) - January 14, 2013. The CFE
had no comments related to the
proposed amendment. Please refer to
Attachment 3 for a memorandum
summarizing the CFE's review.
c. Local Government Review:
Courtesy Review - Town(s) of Chapel
Hill, Carrboro, Hillsborough, City of
Mebane
d. Notice Requirements
Legal advertisement will be published on February 13 and 20, 2013.
e. Outreach:
F-I General Public:
F-I Small Area Plan Workgroup:
F-I Other:
3. FISCAL IMPACT
While these proposed amendments are merely designed to incorporate necessary
references with respect to complying with established thresholds, and requiring the
submission of formal site plans in the event a stormwater management plan is
required, staff had previously identified compliance with these new State required
standards will impose additional costs for development projects and require
additional staff resources.
Workload for Current Planning and Erosion Control staff to review and approve
stormwater management plans required by the rules is expected to increase.
5
Workload for staff with respect to the inspection of stormwater management features
is also expected to increase. This may necessitate an increase in fees charged to
developers.
As reported at the February 27, 2012 Quarterly Public Hearing, it is expected that
enforcement of the new regulations will require, at a minimum, up to one additional
full time employee for Erosion Control with an approximate cost of $65,000.
Staff is continuing to evaluate workload and needs as the process moves forward.
D. AMENDMENT IMPLICATIONS
The amendments are in response to recent modifications to the UDO relating to
compliance with stormwater and nutrient management requirements and staff's desire to
ensure proper reference for compliance with these aforementioned new standards.
As previously indicated by staff, compliance with these required standards is expected to
increase the cost of development and increase staff workload.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245 -2597
mharvey @orangecountync.gov
me
10
11
ATTACHMENT 2
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations governing the
submittal of professionally prepared site plans for projects requiring stormwater plan approval.
These amendments are based modifications to the UDO, approved on April 17, 2012,
incorporating State stormwater management and nutrient reduction standards into County
regulations.
The intent of the proposal is to incorporate appropriate references to these new development
standards to avoid the submission of multiple site plans adding to the overall cost of a
development project and creating confusion for the property owner /developer.
As the number of affected pages /sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Underlined Bold Text: Denotes new, proposed text, added to address peer
or advisory board comments
• Red Stfi ,ethf,.,,,.i, T-ex : Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information /rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text /sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http: / /orangecountync.gov /planning /Ordinances. asp
Article 2: Procedures 12
Section 2.4: Zoning Compliance Permits
Amendments initiated by Orange County shall not be subject to time limitat s other
than those specified by the Board of County Commissioners during th blic hearing
(E) EviclenceNot presented at the public hearing may be sub ed in writing to the Planning
Board for con ration prior to the Planning Board's ommendation to the Board of
County Commissio s. The Planning Board m onsider additional oral evidence only
if it is for the purpose ofpcesenting informatipKalso submitted in writing.
2.3.11 Action by Board of County Commissio
(A) The Board of County Com5pKsioners shalkqpt consider enactment of the proposed
amendment until the P Wing Board either m sits recommendation or takes no action
on the applicatio prescribed in this section.
(B) In makin ' decision, the Board of Commissioners shall sider all relevant evidence
prese d at the public hearing and any submitted written evi e that was considered
e Planning Board in making its recommendation.
( The Board of Commissioners, upon receipt of a recommended Comprehe i e Plan or
portion thereof from the Planning Board, shall consider such recommendations d adopt
them by resolution, either unchanged or with modifications.
2.4.1 Applicability
(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any
new site development, building, structure, or vehicular use area may be erected,
constructed or used.
(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a
Zoning Compliance Permit except for:
(1) Single- family detached dwellings and duplexes, and accessory structures to
those residential uses
t#edeveloped on property located outside of the Upper Eno Critical, Little River
Protected, University Lake and Cane Creek Protected and Critical Watershed
Protection Overlay Districts. In these instances a Plot Plan, as detailed within
Section 2.4.3 of this Ordinance, shall be required., site Plan approval shall be
thew rocirlontiol i icoc droll be FG9 tired to s Limit o Dlet plop (coo
Continn 7 it 2 fnr Dlnt Dlon c r�onifinotiORS
In those instances where the proposed level of land disturbance exceeds
established thresholds detailed within Section 6.14.5 of the Ordinance a formal
site plan, prepared in accordance with Section 2.5, shall be required for submittal
and approval regardless of the proposed land use or Watershed Protection
The existing wording of the UDO has created confusion in the past over when a site plan is required. We have
streamlined existing language in an attempt to eliminate confusion and specifically spell out when a plot plan versus
a site plan is actually required. Staff is also proposing to add language requiring formal site plans in other
Watershed Protection Overlay Districts having similar characteristics to the University Lake Protected and Critical
Watershed Protection Overlay Districts in order to establish greater uniformity within the Ordinance. Specifically
staff is modifying the UDO to require a formal site plan in those overlay districts where a 6% impervious surface
limit in enforced. There will need to be discussion on this item as there are implications to expanding the list, most
notably more property owners will be required to secure a professionally prepared site plan than ever before. The
BOCC may wish to revise this section in its entirety to limit submittal of site plans in those instances where formal
stormwater management plans are required.
Orange County, North Carolina — Unified Development Ordinance Page 2 -7
Article 2: Procedures 13
Section 2.4: Zoning Compliance Permits
Overlay District designation of the subject Property .2 This site plan may
contain all required elements associated with obtaining a Zoning
Compliance, Erosion Control, and Stormwater permit as detailed herein,3
(2) Interior renovation or repair of an existing structure, provided the use of the lot
and /or structure has not changed.
(C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for
the construction, moving, alteration, or repair, except ordinary repairs, of any building or
other structure, including an accessory structure. The Zoning Compliance Permit shall
include a determination that plans, specifications and the intended use of the structure
conforms to the provisions of this Ordinance.
(D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of
occupancy of any building, or to expand any use on any lot on which there is a non-
conforming use. The Zoning Compliance Permit shall include a determination that the
proposed use conforms to the provisions of this Ordinance.
Requirements and Conditions
In cases where the development and /or commencement of a land use requir the
issuance of a Special Use or a Conditional Use Permit, a Zoning Compli ce Permit shall
be issued until the aforementioned permit has been issued by th esponsible board
in ac dance with the review and approval procedures detailed rein.
(B) Issuance o Special Use or Conditional Use Permit does t negate the requirement for
a Zoning Comp i ce Permit.
(C) Issuance of a Zoning mpliance Permit does establish a vested right to begin and
complete construction or nge the use /oc pancy of a lot or building should
regulations change subseque o issu e of said permit.
(D) Application for Zoning Complianc it shall specify the method of disposal of trees,
limbs, stumps and constructio ebris as ciated with the permitted activity. Open
burning of trees, limbs, �itb ps, and /or cons t tion debris associated with the permitted
activity is expressly p ited .
(E) No building, str ure, or zoning lot for which a Zoning pliance Permit has been
issued shal e used or occupied until the Building Inspecto as, after final inspection,
issued ertificate of Occupancy indicating compliance with al e provisions of this
Or " ance.
(F) o building, structure, or zoning lot for which a Zoning Compliance Permi s been
issued shall be used or occupied until the Orange County Health Department
approved the water supply and sewage disposal systems serving that use.
2 There is an existing disconnect between permit submittal requirements for a Zoning Compliance Permit and a
Stormwater management plan. Staff of Current Planning and Erosion Control could, essentially, be looking at 2
different proposals as there is not an appropriate reference to the stormwater permitting requirement in this section
of the UDO. There is also a disconnect with respect to the required level of site plan detail (i.e. professionally
prepared versus scaled plot plan) to obtain a land disturbing permit. Staff is proposing to add language requiring a
formal site plan, completed by a land surveyor or engineer, in all instances where proposed land disturbance
thresholds require the development of a formal stormwater plan. The hope here is we will avoid the duplication of
submittal information and ensure all County review agencies are utilizing and reviewing the same development
proposal to avoid unnecessary confusion and error.
3 The red bold text was added to address comments from the January 9, 2013 ORC meeting where members wanted
some language encouraging the submittal of a single site plan complying with all zoning and erosion
control / stormwater permit requirements.
Orange County, North Carolina — Unified Development Ordinance Page 2 -8
Article 2: Procedures 14
Section 2.5: Site Plan Review
(G) Issu Certificate of Occupancy by the Building Official or roval of a water
supply and sewa sal system by the Health D ent shall in no case be
construed as waiving any prov t nance.
(H) Zoning Compliance shall become null an er 18 months from the date of
issuanc i ding permit is not applied for or land disturbing s are not
mmenced in accordance with the provisions of this Ordinance.
2.4.3 Plot Plan Specifications
(A) For development types requiring a plot
plan rather than a site plan, the plot plan
shall contain the following:
(1) A scaled drawing denoting the
length of all property lines,
(2) A north arrow denoting the
orientation of the lot and all
proposed structures,
(3) The location of the proposed
structure(s) and distances from all
property lines,
(4) The location of the proposed
driveway,
(5) The location of the proposed
septic system and proposed drain
lines on the property,
(6) The location of the proposed well,
and
(7) The location of any protected
features on the property (i.e.
stream buffers, flood plain,
wetlands, etc).
(B) Base plot plans are available from the
Planning Department and can be printed
for a fee in accordance with the
established fee schedule. Applicants may
also use other sources of base plot plans
provided the requirements of this Section
are met.
Site Plan
Application
Submittal
Determination of Completeness
By Planning Director
Completed Application
Distributed to Applicable
Agencies, Development Advisory
Committee, and Other
Departments for Review
Planning Director Review and Final
Decision: Approval, Approval with
Conditions, or Denial [1]
[I I If Plan is approved with conditions, no
zoning permit authorization or building
permit issued until conditions satisfied
(1) Planning staff is available to discuss compliance matters but shall not complete
plot plans.
91TE PLA VIEW
2.5.1 Review and Approval Flow Chart
The review and approval process for a Site Plan is shown in the procedure's flowchart. a
2.5.2 Application Requirements
4 At the January 9, 2013 ORC meeting Planning Board members expressed concern over duplication of language
within the flow chart. The language is being deleted.
Orange County, North Carolina — Unified Development Ordinance Page 2 -9
Article 2: Procedures 15
Section 2.5: Site Plan Review
(A) Each site plan shall be prepared and sealed by an appropriately licensed professional
with the following exceptions:
(1) Proposed additions to existing permitted non - residential structures where the use
of the structure and lot has not changed and the floor area is not increased more
than 25 %.
(2) Accessory structures to existing permitted non - residential structures where
vehicular use area is not extended and changes to existing grade are not more
than one foot in elevation.
„c 5
{4)(3) Large day care homes, as defined in Article 10, Definitions.
{&j(4) Rural Guest Establishments with three guestrooms or less - Bed & Breakfasts.
(B) The applicant shall submit to the Planning and Inspections Department:
(1) Three copies of the site plan prepared in accordance with the provisions detailed
in this Section. Additional copies may be required depending on the nature and
location of the proposed development);.
(2) The completed site plan application form;
(3) A copy of the Orange County tax map with the subject property identified;
(4) Legal documentation, to be approved by the County Attorney, establishing
entities responsible for control over common areas and facilities.
(5) Three copies of the Environmental Assessment and /or Environmental Impact
Statement, if required under Section 6.16 of this Ordinance.
(6) A statement regarding the method of disposal of trees, limbs, stumps and
construction debris associated with the permitted activity. Open burning of trees,
limbs, stumps, and /or construction debris associated with the permitted activity is
expressly prohibited.
(C) Other items which should be submitted simultaneously, but are not required as part of the
site plan application are:
(1) Erosion control and grading plans as necessary to be approved by the Erosion
Control Officer for a grading permit,
4)(2) Stormwater management plans as necessary to be approved by the Erosion
Control Officer prior to the issuance of a Zoning Compliance Permit, and
{23(3) Building construction plans to be approved by the Building Official prior to
issuance of a building permit.
Plan Specifications
Each Ian shall be drawn at a scale adequate to show required detail and contain the
following infor
(A) The boundary of the to be developed labe i bearings and distances;
(B) The name, address, and phone n of the applicant and the property owner;
(C) Name of project, vicin' p, north arrow, sca map reference number, date of plan
preparation, sequent revision dates;
(D) . g of the property to be developed and all adjacent zoning and exi adjacent land
uses;
s Staff is eliminating contradictory language within this section of the UDO.
Orange County, North Carolina — Unified Development Ordinance Page 2 -10
Article 7: Subdivisions 16
Section 7.5: Subdivision Agreements
(2) The estimated cost of the required improvements must be itemized and ce ified
by the applicant's licensed professional engineer or licensed professiona
surveyor, if the surveyor was the original preparer of the plans for the
subdivision.
(3) In the case of minor subdivisions, the subdivider's licensed profes i nal engineer
or licensed professional surveyor may provide the itemized cost timate.
(4) Cost estimates must be based on industry norms within Oran County.
5) The Planning Director or Planning Board may require a hig er guarantee amount
when deemed necessary to address higher potential corr tion costs due to the
subdivision's size and site characteristics, but in no eve t may the amount
exceed 25% of estimated construction costs.
(E) The gua ntee shall have a term of two years and shall pro ide an option for annual
renewal if a subdivider /developer has:
(1) Arran ed for County inspection of the improve ents,
(2) Submitt to the County an acceptable esti ate of the costs necessary to correct
any deteri ation or defects discovered b he inspection, and
(3) Increased th mount of the security b the amount of said estimate.
(F) The subdivider/develop e shall pay a fee in cordance with the Fee Schedule adopted
by the Board of County C missioners at e time of the initial posting of the guarantee
and for each subsequent re wal or ext sion to cover the County's administrative costs.
(A) The subdivider of all minor and m subdivisions shall record a subdivision agreement
outlining the limitations associat wi the development of created lots at the Orange
County Register of Deeds at t same a the Final Plat is recorded.
(B) The purpose of the subdivis n agreement to provide detail on various development
limitations that will regula the overall deve ment of property consistent with the
approval of the subdivis' n.
(C) This subdivision agre ment shall, at a minimum, tline the following development
criteria for property ithin the subdivision:
/The e development setbacks for lots within he project.
sous surface limits for the lots within the d elopment.
esence of identified environmental features (i. .stream buffers, flood plain,
ds, etc) and an explanation on how developme of the lot(s) is impacted.
esence of identified cultural features listed by the rth Carolina Heritage
m, or identified in "An Inventory of Sites of Cultural, istoric, Recreational,
cal, and Geological Significance in the Unincorporate ortions of Orange
" or "Inventory of the Natural Areas and Wildlife Habitat of Orange
ouny, North Carolina ".
(5) Identification of soil and septic limitations, if any, for each lot.
(6) Access restrictions for the project and individual lots.
(7) Limitations on land uses.
(8) Maintenance requirements for all roadways as well as references to the proj is
road maintenance agreement, if required.
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
Orange County, North Carolina — Unified Development Ordinance Page 7 -7
Article 7: Subdivisions 17
Section 7.6: General Design Standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
(B) Any lot which provides an easement for individual septic disposal for use by a separate
lot shall contain an additional 20,000 square feet to accommodate the septic easement.
7.6.2 Residential Density
The allowable density on a given parcel of property proposed for subdivision shall comply with the
residential maximum density requirements in Section 4.2.4.
7.6.3 Land Suitabili
(A) In reviewing subdivision proposals, the Planning Department and Planning Board shall
consider the overall design of the subdivision with the suitability of the land for
development to insure that the platting and development of the subdivision will not create
a danger to the health, safety, and welfare of Orange County residents.
(B) Land suitability shall be determined by an investigation of conditions including but not
limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites,
maximum anticipated levels of land disturbance for the project and all proposed individual
lots, and unique natural areas. The investigations shall be carried out by the Planning
Board, the Planning Department, or other agencies or individuals having the appropriate
technical expertise.
(C) Special Flood Hazard Areas shall be considered during the review process.
(D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal
Systems, incorporated herein by reference.
(1) Each lot that does not contain a suitable building site shall be designated on the
plat as being of restricted development potential and by instrument recorded in
the Orange County registry as specifically prescribed by Section 7.14.3(E)(1) of
this Ordinance.
(E) Drainage
(1) Soil suitability, including slope and drainage, shall also be evaluated according to
soil characteristics indicated by the Orange County Soil Survey and topography
indicated by the U.S. Geological Topographic Maps.
(2) Each lot shall contain a suitable building area safe from inundation and erosion.
(3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and
adjacent properties shall be protected from inundation by surface water.
(4) Roads, driveways and utilities shall be protected from damage caused by
improper stormwater management.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and /or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater run -off removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25 -year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
Orange County, North Carolina — Unified Development Ordinance Page 7 -8
Article 7: Subdivisions 18
Section 7.7: Lots
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal stormwater management plan shall be required
as part of the application submittal.
(F) Resource Protection
(1) Applications for subdivision shall be evaluated by the Planning Depart nt and
Planning Board for potential impairment of habitat of rare and endan red
species or unique natural areas.
(2) A strategy shall be developed to protect resources listed by the orth Carolina
Heritage Program, or identified in "An Inventory of Sites of Cu ral, Historic,
Recreational, Biological, and Geological Significance in the nincorporated
\ Portions of Orange County" or "Inventory of the Natural A as and Wildlife
Habitats of Orange County, North Carolina ".
(a) The strategy shall provide protection of iden Y ied natural and cultural
resources from impacts which could result om development of the
subdivision, and shall include one or mo of the following:
(i) Dedication of conservation a ements,
Restrictive covenants pro iting clearing or disturbance of the
resource areas,
(iii) Dedication of resour areas to Orange County,
(iv) ustering of lots minimize land disturbance and preserve the
sp ial feature of the property,
(v) Other estri ons or development options which provide an
adequa vel of protection.
(3) The Planning Departm t s II review available documentation of the particular
site and determine if e prop ed strategy adequately protects the identified
resources.
(4) Maps, studies, d reports which a relevant to this section shall be maintained
by the Planni Department.
7.7.1 Generall
All lots shall confoi;0 to all of the requirements of this Ordinance r the zoning district and any
overlay district in hich they are located.
7.7.2 Shaoe and
(A) T e shape and orientation of lots shall be appropriate to the locat\prov�ide sion
nd the development intended.
(B) Interior lot lines extending from a street should be approximately radial
to the street right of way line.
C) Lot lines shall be located to permit efficient installation and maintenes on
utility easements, to maximize buildable area, and, where applica
suitable area for septic systems.
6 Staff would prefer c omprehensive stormwater management plans rather than multiple plans, multiple systems, on
individual lots that all have to be inspected by Erosion Control on a semi annual basis and maintained by individual
property owners. Through this process staff is hoping to encourage neighborhood wide stormwater management
plans to avoid unnecessary development and maintenance costs on individual property owners and encourage a
comprehensive approach to stormwater and nutrient management.
Orange County, North Carolina — Unified Development Ordinance Page 7 -9
Attachment 3
ORANGE COUNTY
tc� I
Department of Environment,
Agriculture, Parks & Recreation
MEMORANDUM
TO: Michael Harvey, Current Planning Supervisor
FROM: Rich Shaw, DEAPR Land Conservation Manager
DATE: January 16, 2013
SUBJECT: CFE Consideration of Proposed UDO Amendment Requiring
Stormwater Manaaement Plan with the Site Plan Application
Thank you for attending the January 14 meeting of the Commission for the
Environment (CFE) to explain proposed changes to the Unified Development
Ordinance (UDO) that would require submittal of formal site plans and stormwater
management plans for residential and non - residential development projects.
CFE members were interested to learn more about the County's existing regulations
that were recently modified (April 2012) to address the State - mandated stormwater
management and nutrient reduction strategies. They now understand the County
requires the preparation and submittal of engineered stormwater management plans
as part of development projects where land disturbance reaches certain thresholds.
You explained the proposed amendments would require that the stormwater
management plan be submitted along with the formal site plan, thereby improving the
coordinated review of the project by departments and avoiding some of the time and
expense of having to modify the site plan at a later date.
The CFE expressed its appreciation for your briefing and your responses to
questions. There were no adverse reactions or issues raised by CFE members.
Again, thank you for efforts to involve the CFE in the consideration of this proposed
amendment to the UDO.
cc: David Neal, CFE Chair
Orange County Department of Environment, Agriculture, Parks & Recreation
PO Box 8181, Hillsborough, NC 27278
Phone: (919) 245 -2510 Fax: (919) 644 -3351
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