HomeMy WebLinkAboutORD-2013-016 Ordinance approving UDO Text Amendments – Modification of Site Plan Submittal Requirements Ordinance ORD-2013-016
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, in April of 2012 the County adopted stormwater management standards
consistent with the requirements of State law, and
WHEREAS, the County has determined there are existing inconsistencies within the
Unified Development Ordinance (UDO) with respect to when a professionally prepared site
plan is required as well as a lack of reference to adopted stormwater regulations, and
WHEREAS, the County has determined these modifications to existing regulations
establishing a universal standard governing the submittal of a professionally prepared site
plan based on adopted stormwater management standards are now timely, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, the County has found the proposed text amendments to be reasonably
necessary to promote public health, safety and general welfare and to achieve the
purposes of the adopted Comprehensive Plan, and
WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7
of the Unified Development Ordinance, the Board of Commissioners of Orange County
has found the proposed text amendments to be consistent with the goals and policies of
the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of
published ordinances and that this ordinance is effective upon its adoption.
Upon motion f Commissioner PX 64-� , seconded by
Commissioner If I , the foregoing ordinance was adopted this
day of 72013.
1, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foreg is a true copy of so much of the proceedings of said
Board at a meeting held on jV 2013 as relates in any way to
the adoption of the foregoing and that said proceedings are recorded in the minutes of the
said Board.
7INESS my hand and the seal of said County, this day of
2013.
t
17 52
Clerk to the Board of Commissioners
°'try coo
UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations governing the
submittal of professionally prepared site plans.
These ,amendments are based on comments/direction received by BOCC, Planning Board, and
OWASA since the February 25, 2013 Quarterly Public Hearing.
As the number of affected pages associated with this proposal is extensive, and substantial text is
being modified, 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
• : Denotes existing text that staff is proposing to delete
• Red Underlined Bold Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO based on BOCC and Planning Board member recommendations
arising out the February 25, 2013 quarterly public hearing and the March 6, 2013
Planning Board meeting.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
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.
Article 2: Procedures
Section 2.4:Zoning Compliance Permits
Amendments initiated by Orange County shall not be subject to time limitatio other
than those specified by the Board of County Commissioners during the is hearing
cess.
(E) Eviden of presented at the public hearing may be submi in writing to the Planning
Board for co eration prior to the Planning Board's r mmendation to the Board of
County Commiss rs. The Planning Board ma nsider additional oral evidence only
if it is for the purpose o esenting informati Iso submitted in writing.
2.3.11 Action by Board of County Commissio
(A) The Board of County Com ' sioners sha of consider enactment of the proposed
amendment until the P ning Board either ma its recommendation or takes no action
on the applicatio s prescribed in this section.
(B) In makin ' decision, the Board of Commissioners shall c 'der all relevant evidence
pres ed at the public hearing and any submitted written evide that was considered
he Planning Board in making its recommendation.
The Board of Commissioners, upon receipt of a recommended Comprehensi Ian or
portion thereof from the Planning Board, shall consider such recommendations an dopt
them by resolution, either unchanged or with modifications.
SECTION • COMPLIANCE
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 shall require a plot plan as detailed within Section 2.4.3 of
this Ordinance.
Lake WateFshed PF9teGtiGn Overlay Di6tFiGt, site plaR appFeval shall be ._11
6tfast61e6 r to
these Fe6idential uses shall be required te submit a Piet PlaR (See
In those instances however, where the proposed level of land disturbance
exceeds established thresholds as 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. This site plan shall contain all required
elements associated with obtaining a Zoning Compliance, Erosion Control.
and Stormwater permit as detailed herein.j
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..
2 This paragraph has been modified based on the Planning Board recommendation made during the March 6, 2013
regular meeting.
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 2-7
Article 2: Procedures
Section 2.4:Zoning Compliance Permits
(2) Interior renovation or repair of an existing structure, provided the use of the lot
and/or structure has not changed.
(C) Issuance ofa 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 hn 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,mrto expand any use on any lot on which there ima non-
conforming uso. The Zoning Compliance Permit shall include o determination that the
proposed use conforms to the provisions of this Ordinance.
2.4.2 Requirements and Conditions
(A) In cases where the development and/or commencement of a land use requires the
issuance of a Special Use or a Conditional Use Permit, a Zoning Compliance Per shall
not be issued until the aforementioned permit has been issued by the responsib board
in accordance with the review and approval procedures detailed herein.
(B) Issuance of a Special Use or Conditional Use Permit does not negate the quirement for
a Zoning Compliance Permit.
(C) Is ance of a Zoning Compliance Permit does not establish a veste ight to begin and
com te construction or change the use/occupancy of a lot or bui ing should
regula ns change subsequent to issuance of said permit.
(D) Applicatio or Zoning Compliance Permit shall specify the thod of disposal of trees,
it
limbs, stump and construction debris associated wi h the.
burning of tree , limbs, stumps, and/or construction deb i associated with the permitted
activity is express prohibited.
(E) No building, structur , r zoning lot for which a Zo ng Compliance Permit has been
issued shall be used or cupied until the Buildi Inspector has, after final inspection,
issued a Certificate of Oc ancy indicating mpliance with all the provisions of this
(F) No building, structure, or zoning for ich a Zoning Compliance Permit has been
issued shall be used or occupied til e Orange County Health Department has
approved the water supply and se disposal systems serving that use.
(G) Issuance of a Certificate of Occ ancy the Building Official or the approval of a water
supply and sewage disposal stem by th ealth Department shall in no case be
construed as waiving any vision of this Or *nance.
(H) Zoning Compliance Per its shall become null a void after 18 months from the date of
issuance if a building rmit is not applied for or la disturbing activities are not
commenced in acc ance with the provisions of this rdinance.
2.4.3 Plot Plan Specificati S
(A) For clevelo ent types requiring a plot plan rather than a site n,the plot plan shall
contain t following:
(1) A scaled drawing denoting the length of all property lines,
A north arrow denoting the orientation of the lot and all propose structures,
3) The location of the proposed structure(s)and distances from all pro rty lines,
(4) The location of the proposed driveway,
(6) The location of the proposed septic system and proposed drain lines on th
Orange County,North Carolina—Unified Development Ordinance Page 2-8
Article 2: Procedures
Section 2.5: Site Plan Review
(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.
(1) Planning staff is available to
discuss compliance matters but Site Plan
shall not complete plot plans.
e ;
2.5.1 Review and Approval Flow Chart
The review and approval process for a Site Plan is
ft
shown in the procedure's flowchart. a
2.5.2 Application Requirements � �
(A) Each site plan shall be prepared and
sealed by an appropriately licensed ��
professional with the following exceptions: 6+�l �eEf }
(1) Proposed additions to existing
permitted non-residential
structures where the use of the ; .
structure and lot has not changed ' 3 ,
and the floor area is not increased
more than 25%. . ,..::
(2) Accessory structures to existing
permitted non-residential Planning Director Review and Final
structures where vehicular use
area is not extended and changes Decision: Approval,Approval with
to existing grade are not more Conditions, or Denial [1]
than one foot in elevation.
[I] If Plan is approved with conditions,no
e zoning permit authorization or building
permit issued until conditions satisfied
(4)(3) Large day care homes, as defined in Article 10, Definitions.
{5)(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 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.
s Staff is eliminating contradictory language within this section of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 2-9
Article 2: Procedures
Section 2.5: Site Plan Review
(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,
MLZL Stormwater management plans as necessary to be approved by the Erosion
Control Officer prior to the issuance of a Zoninq Compliance Permit and
MLI Building construction plans to be approved by the Building Official prior to
issuance of a building permit.
.5.3 Plan Specifications
Each site plan shall be drawn at a scale adequate to show required detail and shall contain e
following information:
( The boundary of the lot(s)to be developed labeled with bearings and distan s;
(B) The name, address, and phone number of the applicant and the propert wner;
(C) N e of project, vicinity map, north arrow, scale, tax map reference umber, date of plan
prep ation, and subsequent revision dates;
(D) Zoning o he property to be developed and all adjacent zonin and existing adjacent land
uses;
(E) Adjacent right-o ay widths with road names and num rs;
(F) A development sum ary including total acres, pro sed use(s), total building square
footage, required and posed parking spaces.
(G) Demonstrated compliance th all applicabl erformance standards contained in Articles
3,4, 5, and 6 of this Ordinanc
(H) Maximum and proposed impervio s ace and required stream buffers as detailed in
Sections 4.2 and 6.12 of this Ordin
(1) Estimated traffic generated by a propos d development in trips per day. If the estimate
exceeds 800 trips per day, affic impact s dy must be submitted in accordance with
Section 6.17;
(J) Front, side, and rear ilding setbacks as required Articles 3 and 5 of this Ordinance;
(K) Location of all pro osed buildings and structures label with floor area, building height
and function, a proposed finished floor elevation;
(L) Vehicular a areas including existing and proposed streets a access drives, off street
parking d loading to comply with Section 6.9 of this Ordinance, nd entry/exit points of
adjac t parcels;
(M) O rhead and underground utilities with accompanying easements and orm drainage
acilities/easements(including septic tanks and wastewater disposal fields, ells, fire
hydrants, irrigation, and security lights);
Solid waste disposal facilities;
Orange County, North Carolina—Unified Development Ordinance Page 2-10
Article 7: Subdivisions
Section 7.5: Subdivision Agreements
(2) The estimated cost of the required improvements must be itemized and certi ied
by the applicant's licensed professional engineer or licensed professional
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 professi al engineer
or licensed professional surveyor may provide the itemized cost a imate.
(4) Cost estimates must be based on industry norms within Orang ounty.
The Planning Director or Planning Board may require a high guarantee amount
when deemed necessary to address higher potential corre ion costs due to the
subdivision's size and site characteristics, but in no eve may the amount
exceed 25%of estimated construction costs.
(E) The guar tee shall have a term of two years and shall pro v' a an option for annual
renewal if t subdivider/developer has:
(1) Arran d for County inspection of the improve ents,
(2) Submitte to the County an acceptable esti ate of the costs necessary to correct
any deterio tion or defects discovered by a inspection, and
(3) Increased the ount of the security b he amount of said estimate.
(F) The subdivider/developer hall pay a fee in cordance with the Fee Schedule adopted
by the Board of County Co issioners at a time of the initial posting of the guarantee
and for each subsequent ren al or ext sion to cover the County's administrative costs.
:SECTION
(A) The subdivider of all minor and m o subdivisions shall record a subdivision agreement
outlining the limitations associat wit he development of created lots at the Orange
County Register of Deeds at t same ti a the Final Plat is recorded.
(B) The purpose of the subdivi 'on agreement i to provide detail on various development
limitations that will regula the overall develo ent of property consistent with the
approval of the subdivi ' n.
(C) This subdivision agr ment shall, at a minimum, o line the following development
criteria for propert y ithin the subdivision:
(1) Requir development setbacks for lots within t project.
(2) Imp ious surface limits for the lots within the dev opment.
(3) T presence of identified environmental features(i.e. tream buffers, flood plain,
etlands, etc)and an explanation on how development f the lot(s) is impacted.
(4) The presence of identified cultural features listed by the N h Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, H1 oric, Recreational,
Biological, and Geological Significance in the Unincorporated rtions of Orange
County"or"Inventory of the Natural Areas and Wildlife Habitats Orange
County, 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 projec
road maintenance agreement, if required.
SECT-ION STANDARDS
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
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 Suitability
(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
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 Departm t and
Planning Board for potential impairment of habitat of rare and endang ed
species or unique natural areas.
(2) A strategy shall be developed to protect resources listed by the rth Carolina
Heritage Program, or identified in"An Inventory of Sites of Cult al, Historic,
Recreational, Biological, and Geological Significance in the incorporated
Portions of Orange County"or"Inventory of the Natural Ar s and Wildlife
Habitats of Orange County, North Carolina".
a) The strategy shall provide protection of identi d natural and cultural
resources from impacts which could result f m development of the
subdivision, and shall include one or mor of the following:
(i) Dedication of conservation ea ements,
(ii Restrictive covenants prohi iting clearing or disturbance of the
resource areas,
(iii) edication of resourc areas to Orange County,
(iv) C tering of lots t minimize land disturbance and preserve the
spe i I features f the property,
(v) Other r tric' ns or development options which provide an
adequate el of protection.
(3) The Planning Departme sh review available documentation of the particular
site and determine if t propos d strategy adequately protects the identified
resources.
(4) Maps, studies, a d reports which are elevant to this section shall be maintained
by the Plannin Department.
SECTION •
7.7.1 Generally
All lots shall confor to all of the requirements of this Ordinance fo he zoning district and any
overlay district in hich they are located.
7.7.2 Shape and ientation
/(B) Ionterior shape and orientation of lots shall be appropriate to the location f the subdivision
the development intended.
lot lines extending from a street should be approximately perpendi lar or radial
e street right of way line.
nes shall be located to permit efficient installation and maintenance of utilit ines on
easements, to maximize buildable area, and,where applicable, to provide a ble area for septic systems.
6 Staff would prefer comprehensive 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