HomeMy WebLinkAboutAgenda - 05-19-2008-c4ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 19, 2008
Action Agenda
Item No. C.4
SUBJECT: AMENDMENT of Section 6.20 and 6.20.1 of the Orange County Zoning
Ordinance to clarify permitting requirements for large ground absorption
disposal systems
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
1. Ordinance Amendment
INFORMATION CONTACT:
Name, Phone Number
Craig Benedict 245-2592
Michael D. Harvey 245-2607
PURPOSE: To amend Article Six (6) Application of Dimensional Requirements, specifically
Section 6.20 and 6.20.1 Large Ground Absorption System (3,000 gallons per day) and
Package Treatment Plants Prohibited in AR Districts and Rural Buffer Districts of the
Orange County Zoning Ordinance (hereafter `Ordinance') to clarify the permitting requirements
for large ground absorption systems and/or package treatment facilities.
BACI~CGROUND: In consultation with the Attorney's office, staff has determined that there are
two (2) issues with respect to existing language within Section(s) 6.20 and 6.20.1. Specifically,
the issues are:
1. Pursuant to Section 6.20.1, large ground absorption systems and/or package treatment
plants developed within the AR or RB zoning districts are required to obtain a Class A
Special Use Permit (hereafter `SUP'). However, Section 6.20.1 does not make reference
to the standards contained within Article Eight (8) governing the review and approval of
such projects.
The proposed amendment seeks to correct this oversight.
2. As discussed above, these types of systems require the issuance of a SUP. The Board
of County Commissions issues Class A SUP's.
The issuance of a SUP is a quasi judicial process that requires compliance with due
process requirements, including having an unbiased decision maker. Recent North
Carolina case law holds that there is a due process violation when the County is the
applicant and decision maker on its own SUP applications. As the application for such
systems would be by the County, to the County for review and approval, there is an
inherent conflict that prevents the County Board of Commissioners for deciding on their
own applications. Therefore the requirement must be corrected to avoid further conflict.
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In an effort to address these issues, staff is proposing the following:
Amending Section 6.20.1 to clarify that County projects are not required to obtain a SUP
when a large ground absorption septic system, or a package treatment plant, is proposed
to support a proposed, land use, and
2. To make specific reference to the standards relevant to the review and approval of large
ground absorption systems and/or package treatment plants developed within the AR or
RB zoning districts within Article Eight (8) Section 8.8.3.
FINANCIAL IMPACT: None
RECOMMENDATION(S): The Zoning Officer recommends that the Board
1. Receive the proposed amendments,
2. Conduct the Public Hearing,
3. Receive any and all comments on the proposal, and
4. Refer the amendment package to the Planning Board for review and comment with a
request that a recommendation be submitted no latter than August 19, 2008
AMENDMENTS TO THE
ORANGE COUNTY ZONING ORDINANCE
(Only those sections or subsections amended are set out below)
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF ORANGE
COUNTY, NORTH CAROLINA, hereby amends the Orange County Zoning
Ordinance by adding (indicated by double underlined language) and deleting
(indicated by stricken through language) as follows:
Proposed Amendment: Part I
That Section 6.20.1 be amended as follows:
'~ 6.20 Large Ground Absorption System (3,000 gals. per day) and
Package Sewage Treatment Plants Prohibited in AR Districts
* Amended and Rural Buffer Districts; Exceptions
/ /
*6.20.1 Ground absorption systems with a design capacity of 3,000
gallons per day, or more, and package treatment plants systems
* Amended for sanitary sewage disposal, other than those to be used for
government facilities and government office buildings, are
4/4/1988 expressly prohibited in the A~ Agricultural Residential (AR)
/ / Zoning dDistricts and in the Rural Buffer (RB) Zoning Districts ae
- - except as may be
approved through a Special Use Permit as provided in Section
8.8.3 or as may be approved as part of a Planned Development
District.
All such systems, including those to be used .for government
facilities and government office buildings, shall meet all State and
Orange County Health laws, rules and regulations.
Upon motion of Commissioner ,
seconded by Commissioner ,the
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foregoing Zoning Ordinance amendments were adopted this the day
of , 2008 and shall become effective upon adoption.
Donna Baker, Clerk, Orange County Commissioners
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