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HomeMy WebLinkAboutAgenda - 11-11-2014 - 41 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 11, 2014 SUBJECT: Proposed Parameters for ETJ Approval DEPARTMENT: Planning and Inspections, Manager, County Attorney ATTACHMENT(S): Draft Policy Action Agenda Item No. 4 PUBLIC HEARING: (Y /N) No INFORMATION CONTACT: Craig Benedict, Planning, 919 - 245 -2592 Bonnie Hammersley, County Manager, 919- 245 -2300 John Roberts, County Attorney, 919 -245- 2318 PURPOSE: To review extra - territorial jurisdiction (ETJ) extension request policy parameters. BACKGROUND: ETJs are afforded to cities in accordance with North Carolina General Statute 160A -360. These are areas where the county relinquishes its zoning, subdivision, and building code regulations to the adjacent city. These areas are outside the city corporate limits, but are likely urban growth areas and would develop more compatibly with nearby city /town regulations because of the proximity of existing or planned urban form. Counties have to review and act upon these request using General Statutes. The majority of the procedures and processing is done by the municipality. However, counties can develop their own review policies to assist in an orderly transition from rural to urban environments whether the area is annexed or not into the adjacent city. Since these areas are not part of a city and therefore no city voting rights, before potential annexation, general statutes recognize the need for ETJ representation on city planning & board of adjustment boards. The county makes such appointments. Orange County does not have a specific policy on ETJ requests since the County and cities have formed other planning mechanisms to ensure orderly development in these adjacent city zones. The joint planning agreements have promoted this planning and growth collaboration. However, since ETJ areas do and can provide additional supplemental powers to a city beyond a joint planning area authority, ETJ expansion is still viable and preferred in some instances. Therein, a draft review policy is attached to evaluate ETJ requests. This policy can be augmented overtime. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends the Board review the draft and provide comments. Orange County Board of Commissioners Policy Related to the Review of Requests for the Expansion of Municipal Extraterritorial Jurisdictions Purpose: To evaluate requests from municipalities consistent with NCGS 160A -360. With the adoption of County -wide subdivision and zoning effective various dates between 1967 and 1994, the following policy is set forth by the Orange County Board of Commissioners and shall apply to all requests for the expansion of municipal extraterritorial jurisdictions (ETJ). The Board of Commissioners has adopted this policy for purposes of evaluating municipal ETJ extension requests and the requesting municipality's capability of and commitment to good planning and management of development. The municipality must prepare a report demonstrating how it can meet the criteria established herein. In addition to the report, the Board of Commissioners will also solicit comments and opinions of residents and property owners within the area requested for ETJ expansion and may include those opinions in its consideration. ETJ extension requests initiated by landowners must be submitted to the affected municipality for review which in turn will be the requesting party, and will follow the review process outlined below. The burden of compliance with the following considerations and the establishment of the municipal growth boundaries is the responsibility of the municipality submitting the ETJ extension request. Considerations: 1. The municipality must demonstrate a commitment to comprehensive planning through an adopted land use plan for the area encompassed by the proposed ETJ extension. The municipality must also have subdivision and zoning regulations and should have other regulations that protect the environment (i.e. stormwater, flood control, etc.), a citizen representative planning board and a staff, contracted or otherwise, capable of administering such regulations within the additional requested area(s). Proposed ETJ areas that were comprehensively planned through county- municipal joint planning efforts are also encouraged. 2. The area proposed for ETJ extension must have a logical and /or geographical connection to the existing corporate limits and /or ETJ of the municipality. Logical and /or geographical boundaries, such as roads, rivers, perennial streams, or parcels lines, must also be used to delineate the proposed area. Pagel of 3 K 3. Proposed ETJ extensions must be within anticipated and natural growth areas of the municipality and in locations where municipal services can be provided in the future. The extension must be within the planning area of the municipality's or district's [i.e. Orange Water and Sewer Authority (OWASA)] sanitary sewer and water service zone and consistent with Water and Sewer Management, Planning and Boundary Agreement (WASMPBA) as amended from time to time. 4. The requested ETJ extension must not be part of an area being formally considered for growth and development of another jurisdiction. The municipality requesting the ETJ extension must coordinate with neighboring municipalities and their expansion plans or identified urban growth boundaries. The municipality must have an interlocal growth management agreement or equivalent with the adjacent jurisdiction for the area being considered if at its closest point it is within 2 miles of the adjacent jurisdiction's corporate limits. 5. The municipality must demonstrate how growth has necessitated the need for extension of the ETJ and how the land uses in the area being considered will be better protected within the municipality's ETJ. In addition, the municipality must identify what, if any, proposed zoning and development regulations are more or less restrictive than those currently being enforced by the County. Process: A. Pre - Submittal 1. Resolution of Intent to expand ETJ is to be forwarded from Municipality elected board to County from Clerk and /or Manager and to County Commissioners Chair and manager, including basic statutory information. 2. Resolution of or direction from Board of County Commissioners (BOCC) and direction from Manager to conduct staff review and proceed in accordance with BOCC ETJ expansion request review policy. B. Staff Review 1. Preliminary review of proposal in accordance with state law and ETJ expansion policy. 2. Presentation by staff to BOCC regarding request and if acceptable a resolution to be returned back to municipality acknowledging a `notice to proceed' by municipality with other elements of the ETJ process (i.e. outreach, etc.). Page 2 of 3 3. Orange County elected officials and administration will be informed of municipal ETJ expansion procedural activities. C. Submittal 1. The municipality will formally submit ETJ expansion request materials to the BOCC in accordance with 160A -360 including supporting materials including but not limited to: • Administrative Memorandum, • Resolution and /or Ordinance, • Proposed ETJ Boundary and Map, • Notice of Affected Parties Mailings, • Minutes of Pertinent Meetings and Public Hearings, • Any other germane material such as petitions, studies or comments. 2. Land use and zoning compatibility comparison. D. Planning Board Review 1. The Planning Board will informally review the proposal and offer comments. E. BOCC Action 1. At the public hearing, Planning Staff will provide a summary of the request. The floor will then be open for public comment. At this time the municipality requesting the extension may also provide comments. 2. The Board of County Commissioners will then review the information, taking into consideration public comments, and take action on the request. The Board may disapprove or approve the ETJ extension request in whole or in part. F. Miscellaneous 1. Advisory Board representation in accordance with State statutes. Page 3 of 3 M