HomeMy WebLinkAboutAgenda - 05-20-2014 - 7b1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 20, 2014
Action Agenda
Item No. 7 -b
SUBJECT: Addition of the Unified Development Ordinance to the Code of Ordinances of
Orange County, North Carolina
DEPARTMENT: Attorney's Office PUBLIC HEARING: (Y /N) No
ATTACHMENT(S): INFORMATION CONTACT:
Codification Resolution John Roberts, (919) 245 -2318
PURPOSE: To codify Orange County's Unified Development Ordinance ( "UDO ") by adding it to
the Code of Ordinances of Orange County, North Carolina (the "Code ") as Appendix A thereto.
BACKGROUND: On December 17, 1996 the Orange County Board of County Commissioners,
pursuant to NCGS §153A -49, authorized the codification of its ordinances into a code of
ordinances, subject to attorney approval. Work commenced on this project and in early 2001 a
draft code was received by County staff. Further work was performed preparing the Code for
adoption; however, for various reasons the Code was never formally adopted. The Code, in its
un- adopted form, remained accessible on the County's web site.
Even though it was not adopted, the Code was maintained and updated regularly by Municipal
Code Corporation ( "MuniCode ") over the years and was treated as a lawfully adopted code
which caused confusion both to Orange County staff, who occasionally referenced the Code as
the law of Orange County, and also by attorneys and local residents who engaged in business
with the County. However, because it was never adopted, the online version of the Code,
maintained at a cost of tens of thousands of dollars was not, until 2009, a lawful codification.
In April 2009 the Board of County Commissioners employed a County Attorney as its first in-
house counsel. One of the initial directives the Commissioners issued to the County Attorney
was to bring forward the codification of Orange County's ordinances for adoption. This task
was made more difficult by the vast number of amendments made to the ordinances from 2001
when the Code was initially drafted through 2011 when the final draft Code was completed.
These issues were ultimately resolved, and on December 5, 2011, the general ordinances of
Orange County were codified by the Board of County Commissioners into the Code of
Ordinances of Orange County, North Carolina.
Due to multiple problems with the complexity of converting the UDO to an appropriate format
and also several staff changes and other issues at MuniCode, the adopted Code did not include
the UDO which was adopted in its unified form on April 5, 2011. The Code's adoption
ordinance specified that the UDO would remain in effect, however, and work continued to add
the UDO to the Code. MuniCode completed the final proofs of the UDO and delivered them to
the County Attorney's office on April 3, 2014. Planning staff and the County Attorney have
reviewed the proofs and agree that the documents are ready for codification.
In an effort to conserve paper and prevent the unnecessary expenditure of tax dollars, multiple
proofs of the 600+ page UDO proofs were not ordered. The Code of General Ordinances and
the UDO may be viewed online by navigating to
http: / /www.co. orange .nc.us /OCCLERKS /0rdinances.asp.
FINANCIAL IMPACT: The Code is maintained by MuniCode. The one -time cost of the UDO
publication is $18,140. The estimated annual cost for updating and maintaining the Code of
Ordinances, including the new appendix is approximately $10,655. This annual cost is
dependent on the amount of legislation adopted, amended, or repealed by the Board.
RECOMMENDATION(S): The Manager recommends the Board adopt and authorize the Chair
to sign the attached Resolution of Adoption and add the UDO to the Code of Ordinances of
Orange County, North Carolina.
RES -2014 -033 3
A RESOLUTION ADDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE
COUNTY TO THE CODE OF ORDINANCES, ORANGE COUNTY, NORTH CAROLINA, AS
APPENDIX A
WHEREAS, on December 17, 1996 the Orange County Board of County Commissioners, pursuant to North
Carolina General Statute §153A -49, authorized the codification of its ordmances into a code of ordinances, and
WHEREAS, for various reasons the code of ordinances was not adopted but remained available to residents usmg
the Orange County website thus creating confusion regarding the actual adopted laws of Orange County, and
WHEREAS, the issues regarding adoption were ultimately resolved and on December 5, 2011 the general
ordmances of Orange County were codified by the Board of County Commissioners into the Code of Ordinances
of Orange County, North Carolina (the "Code "), and
WHEREAS, due to multiple problems with the complexity of converting the Unified Development Ordinance
( "UDO ") to an appropriate format and also several staff changes and other issues at Municipal Code Corporation,
the entity with which Orange County contracted to maintain the Code, the Code did not include the UDO which
was adopted in its unified form on April 5, 2011, and
WFIEREAS, the Code's adoption ordinance specified that the UDO would remain in effect, however, and work
was continued on adding the UDO to the Code; and
WHEREAS, on April 3, 2014 Municipal Code Corporation completed the final proofs of the UDO and delivered
them to the County Attorney's office after which both planning staff and the County Attorney reviewed the proofs
and determined the Proofs are ready for codification
NOW THEREFORE, BE IT RESOLVED pursuant to North Carolina General Statute §153A -49 and the Adopting
Ordinance of the Code of Ordinances, Orange County, North Carolina, dated December 5, 2011, the Orange
County Unified Development Ordinance, having been originally adopted on April 5, 2011 and amended from time
to time thereafter, and as it is reflected in the Unified Development Ordinance Proofs dated April 3, 2014 provided
by Municipal Code Corporation, is added to the Code of Ordinances, Orange County, North Carolina, as
Appendix A thereto
BE 17T FURTHER RESOLVED a recently adopted amendment to the UDO, Ordinance 2014-017, related to kennels,
adopted April 15, 2014 is not included in the Unified Development Ordinance Proofs and will not be published at
this time, but shall continue in full force and effect until and beyond such time as it is officially published in
Appendix A of the Code of Ordinances, Orange County, North Carolina tA i 5 % p -q' -,j +Y i Y , *r-t s
BE IT FURTHER RESOLVED that all future amendments to the UDO shall be approve and codified in
accordance with applicable state law and the Adopting Ordinance of the Code of Ordinances, Orange County,
North Carolina, dated December 5, 2011
This the 20th day of May 2014
Barry Jacobs, Chair
Attest.
Donna Baker, Clerk to the Board