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HomeMy WebLinkAboutAgenda - 05-24-1993 - C 6d 1L O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: May 24, 1993 Agenda Abstract Item # C 6d SUBJECT: PROPOSED ZONING ORDINANCE TEXT AMENDMENT (ARTICLE 6 .23 - IMPERVIOUS SURFACE REGULATED) (ARTICLE 6.24 - " ) (ARTICLE 6.25 - DEPARTMENT: Planning PUBLIC HEARING: R Yes No ATTACHMENT(S) : INFORMATION CONTACT: Proposed Ordinance Amendment Planning Director X2592 PHONE NUMBERS: Hillsborough 732-8181 Mebane 227-2031 Durham 688-7331 Chapel Hill 967-9251 PURPOSE: To receive citizen comment on a proposed Zoning Ordinance text amendment which would permit property owners to satisfy impervious surface ratios in protected watersheds through provision of a perpetual conservation easement on adjoining property. BACKGROUND: In November, 1984, Orange County's watershed protection standards were updated. Included among the revisions were changes to required impervious surface ratios. The schedule of ratios adopted in 1984 is shown in Table 6.23.4 and were revised based is on the recommendations of TJCOG. One year later, another amendment was adopted to address the difficulties experienced by some property owners in meeting the ratios contained in Table 6.23.4. Provisions were added which would permit individual property owners to apply for a modification of the impervious surface ratios. The specific provisions applicable to such situations are contained in Article 8.8.26. One situation which prompted the amendment was that of the Orange Grove Volunteer Fire Department. In June of 1985, the Board of Adjustment had denied a request by the Fire Department for a variance of the impervious surface ratio and percentage of undisturbed area applicable in Cane Creek Watershed. The subsequent amendment which added Article 8.8.26 is 1S6 did nothing to assist the Fire Department in terms of its expansion plans. Near the end of 1990, the situation involving the Orange Grove Fire Department was brought to the attention of the Planning Department again. Representatives of the Fire Department asked the Planning Staff to review its plans to determine if anything could be done which would permit the expansion. After considerable study, two alternatives were suggested. The first alternative involved amending the ordinance provisions to allow a waiver of impervious surface ratios for governmental protective and emergency service agencies. The second involved the granting of a perpetual easement on adjoining property [rather than actual fee simple acquisition] , limiting development and satisfying the impervious surface ratios indirectly. Of the two alternatives, the County Attorney felt that the latter one offered a possible solution to the Fire Department's problem. Although the Fire Department has not actively pursued such an amendment, recent events have suggested that changes be considered again. One situation involved the proposed construction of a new school located on a site partially in University Lake Watershed. To satisfy impervious surface limits and permit construction to proceed, a solution involving collection and disbursement of stormwater outside the watershed was developed. Although not in Orange County's jurisdiction, the school situation highlighted a potential problem for the County, given the approval of bond funding for new school construction. More recently, Orange County has been working toward identifying and constructing sites for recycling centers. The difficulty of installing such centers in watersheds was emphasized when a determination was made that an existing "green box" site could not be used because of insufficient land area being available to satisfy impervious surface ratios. While the site in question is existing, the same concern applies to new sites, several of which are to be located in watershed areas. As an example, recycling centers would have an impervious surface area of approximately one acre. To adhere to a 12 percent impervious surface limit, the total site would have to be slightly more than eight acres in size. While the focus to date has been almost exclusively on public facilities, the same difficulties could just as easily be experienced by privately owned, non-residential development. Examples which come to 187 mind are existing churches, community centers or neighborhood convenience stores wanting to expand but lacking sufficient area to satisfy impervious surface standards. The proposed amendment would permit a land owner to satisfy the impervious surface limitations in protected watersheds through approval and recordation of a conservation agreement. The agreement between Orange County and a land owner would prohibit development of land in a protected watershed in perpetuity. In such cases, a modification of the required impervious surface ratios could be approved administratively but only to the extent that additional land in the same watershed is conserved or protected from development. Furthermore, the land which would be subject to a conservation agreement must be adjacent to the land proposed for development and for which a modification of the impervious surface ratios is sought. RECOMMENDATION: Article 20 .3 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendment to the Zoning Ordinance text by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's recommendation. Zoning Officer Recommendation The Zoning Officer prepared the proposed Zoning Ordinance text amendment. Provided the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. No decision is made on the proposed amendment by either the Planning Board or Board of Commissioners at the public hearing. Amendments initiated by the County are not subject to time limitations other than those specified by the Board of Commissioners. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than August 2, 1993. 16S 1 < , , PROPOSED ORDINANCE/PLAN AMENDMENT ORDINANCE/PLAN: Zoning Ordinance REFERENCE: Article 6. 23 . 4 - Impervious Surface Regulated in Protected Watersheds Article 6. 24 . 6 - Impervious Surface Regulated in Water Quality Critical Areas Article 6. 25. 4 - Impervious Surface Regulated [ULW] ORIGIN OF AMENDMENT: _X Staff Planning Board BOCC X_Citizen Other: STAFF PRIORITY RECOMMENDATION: _X_High Middle Low PUBLIC HEARING DATE: May 24, 1993 PURPOSE OF AMENDMENT To provide a method of satisfying the impervious surface ratios required in protected watersheds. IMPACTS/ISSUES In November, 1984, Orange County's watershed protection standards were updated. Included among the revisions were changes to required impervious surface ratios. The schedule of ratios adopted in 1984 is shown in Table 6. 23 . 4 and were revised based on the recommendations of TJCOG. One year later, another amendment was adopted to address the difficulties experienced by some property owners in meeting the ratios contained in Table 6.23 .4. Provisions were added which would permit individual property owners to apply for a modification of the impervious surface ratios. The specific provisions applicable to such situations are contained in Article 8.8 . 26. One situation which prompted the amendment was that of the Orange Grove Volunteer Fire Department. In June of 1985, the Board of Adjustment had denied a request by the Fire Department for a variance of the impervious surface ratio and percentage of undisturbed area applicable in Cane Creek Watershed. The subsequent amendment which added Article 8 . 8. 26 did nothing to assist the Fire Department in terms of its expansion plans. Near the end of 1990, the situation involving the Orange Grove Fire Department was brought to the attention of the Planning Department again. Representatives of the Fire Department asked the Planning Staff to review its plans to determine if anything could be done which would permit the expansion. After considerable study, two alternatives were suggested. The first alternative involved amending the ordinance provisions to allow a waiver of impervious surface ratios for governmental protective and emergency service agencies. The second 100 involved the _granting of a perpetual easement on adjoining property (rather than actual fee simple acquisition] , limiting development and satisfying the impervious surface ratios indirectly. Of the two alternatives, the County Attorney felt that the latter one offered a possible solution to the Fire Department's problem. Although the Fire Department has not actively pursued such an amendment, recent events have suggested that changes be considered again. One situation involved the proposed construction of a new school located on a site partially in University Lake Watershed. To satisfy impervious surface limits and permit construction to proceed, a solution involving collection and disbursement of stormwater outside the watershed was developed. Although not in Orange County's jurisdiction, the school situation highlighted a potential problem for the County, given the approval of bond funding for new school construction. More recently, Orange County has been working toward identifying and constructing sites for recycling centers. The difficulty of installing such centers in watersheds was emphasized when a determination was made that an existing "green box" site could not be used because of insufficient land area being available to satisfy impervious surface ratios. While the site in question is. existing, the same concern applies to new sites, several of which are to be located in watershed areas. As an example, recycling centers would have an impervious surface area of approximately one acre. To adhere to a 12 percent impervious surface limit, the total site would have to be slightly more than eight acres in size. While the focus to date has been almost exclusively on public facilities, the same difficulties could just as easily be experienced by privately owned, non-residential development. Examples which come to mind are existing churches, community centers or neighborhood convenience stores wanting to expand but lacking sufficient area to satisfy impervious surface standards. The current difficulties are addressed in the State-mandated watershed protection standards which must be implemented by Orange County no later than January 1, 1994. The original schedule for implementation of the watershed protection standards called for a public hearing in May of 1993 . However, because of pressing nature of other issues, the public hearing was moved back to August 1993 . In the State-mandated standards, localities will have a choice of adopting "low" or "high" density options. The low density option relies on minimum lot sizes or impervious surface limits as the basis for watershed protection. This varies with current County standards which employs both lot size and impervious surface limits. In contrast, the high density option allows greater impervious surface coverage if engineered stormwater controls (wet detention basins] are installed to control the first inch of rainfall. The amount of impervious surface or built upon area is limited to 30 percent for residential development and 70 percent for non-residential in that portion of a watershed beyond a Critical Area. In the case of non- 1c : residential development, the amount of land occupied by such uses may not exceed five percent of the watershed area beyond a Critical Area. In either of the cases cited above, the local government is required to assume ultimate responsibility for operation and maintenance of the stormwater controls, including a requirement to inspect such controls at least once per year to determine whether the controls are performing as designed and intended. Approval of such controls must be conditioned on the posting of adequate financial assurance by the applicant in the form of a cash deposit or security performance bond made payable to the local government. Local governments may also form a stormwater utility as a means of funding the operation and maintenance of stormwater controls which have been dedicated to them. Because of the financial and staffing implications of such requirements, amendments concerning the use of stormwater controls are to be considered at the August public hearing on the State-mandated watershed protection standards. However, a proposal to permit the use of conservation easements has been prepared, since the County has obtained special legislation to acquire a lesser interest to real property by easement for the purpose of preserving open space, including the conservation of watershed areas [copy attached] . EXISTING/PROPOSEED ORDINANCE/PLAN PROVISIONS New wording is highlighted in boldface. Changes recommended by the County Attorney are highlighted in italics. See May 14 , 1993 letter for rationale. *6. 23 .4 Impervious Surface Regulated in Protected Watersheds *Amended An impervious surface is a surface composed of any 11-20-84 material which impedes or prevents the natural 11-19-85 infiltration of water into the soil. Such surfaces 1-7-86 shall include any concrete or asphalt surface. These would include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios Section 6.23 . 4 . Modifications of the Impervious Surface Ratios may be requested, however, through one of the following provisions: a. As a Class A Special Use in accordance with the provisions of Section 8 of this Ordinance. In no case 192 shall a modification be granted for property located in a designated Water Quality Critical Area, and no modification granted under the provisions of Section 8 shall exceed the ratios established in Section 6.23 . 4 for the Protected Watershed (PW-II) District by more than five percent (5%) ; or b. Through approval and recordation of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner that prohibits development of land in a protected watershed in perpetuity. In such cases, a modification of the required impervious surface ratios may be approved administratively but only to the extent that additional land in the same watershed is conserved or protected from development. In such instances, the land which will be subject to a conservation agreement must be adjacent to the land proposed for development and for which a modification of the impervious surface ratios is sought. As an example, a person owning a 40, 000 square foot lot and subject to a 12 percent impervious surface ratio would be limited to 4,800 square feet of impervious coverage. If the person's plans called for 5,500 square feet of coverage (a difference of 700 square feet) , the recording of a conservation easement on 5,833 square feet of contiguous property would satisfy the impervious surface ratio requirements. (12% of 5,833 square feet is 700 square feet. ) The conservation agreement shall describe the property restricted in a manner sufficient to pass title, provide that its restrictions are covenants that run with the land and, in form, be approved by the County Attorney. The conservation agreement shall, upon its recording, be in the place of a first priority lien on the property (excepting current ad valorem property taxes) and shall remain so unless, with the approval of Orange County, it is released or terminated. Orange County shall require the priority of the conservation agreement to be certified by an attorney-at-law, licensed to practice law in the State of North Carolina and approved to certify title to real property by a lending institution (bank or savings and loan association) doing business in Orange County. Orange County approval of a release or termination of the conservation agreement shall be declared on the document releasing or terminating the agreement. The document shall be signed by the Orange County Manager, upon approval of the Orange County Board of Commissioners. No such document shall be effective to release or terminate the conservation agreement until it is filed for registration with the Register of Deeds of Orange County. 19 :. Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right-of-way between the center line of the street and the abutting property line of the lot. ********************************************* 6. 24 . 6 Impervious Surface Regulated in Protected Watersheds Amended 11-19-85 An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces shall include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios Section 6. 23 . 4 . Modifications of the Impervious Surface Ratios may be requested, however, in accordance with the provisions of Section 6.23.4. Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right-of-way between the centerline of the street and the edge the abutting property line of the lot. ********************************************* *6. 25.4 Impervious Surface Regulated *Amended An impervious surface is a surface composed of any 4-2-90 material which impedes or prevents the natural infiltration of water into the soil. Impervious surfaces shall include both paved and unpaved surfaces, including, but not limited to, streets and parking areas, driveways, sidewalks, patios, and structures which cover the land. 194 In order to promote the infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and University Lake reservoir, impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios for University Lake Watershed - Section 6. 25. 4 . Modifications of the Impervious Surface Ratios may be requested, however, in accordance with the provisions of Section 6.23.4. Impervious surface calculations for an individual lot shall be cumulative, including the original construction and any subsequent additions thereto. The calculation of impervious surface coverage for an individual lot shall also include one-half of the street surface on which the lot fronts or abuts; provided, however, the impervious surface calculation will not include the surface of any street existing on April 2 , 1990 unless the street is upgraded to a greater width. In such cases, only the additional width shall be included in. calculating the impervious surface coverage. It is the intent of this section that the impervious surface limitations specified herein shall apply to the entire tract to be developed. Therefore, if the subdivision involves the creation of any street or other impervious surface outside the boundaries of the lots so created, then the total impervious surface allocation may be determined as follows: a. The total area of permissible impervious surface for the entire subdivision shall be calculated, applying the percentage limitations set forth in Table 6. 25. 4 . b. From the total area calculated pursuant to a. above, there shall be subtracted the impervious surface area within streets and other areas outside of the individual lot boundaries. c. Following the calculation set forth in b. above, the remaining permissible impervious surface shall be allocated equally to each lot by the subdivider or as may be approved by the Zoning Officer. The allocation shall be indicated on a separate document recorded together with the final subdivision plat. For conventional subdivisions to be developed in accordance with the provisions of Article 6.25.1 and cluster subdivisions to be developed in 195 accordance with the provisions of Article 6. 25 . 3 , an impervious surface limitation of six percent (6%) shall apply to the entire tract to be developed. For an existing lot of record to be developed in accordance with the provisions of Article 6. 25. 2b. , the full range of impervious surface ratios specified in Table 6. 25. 4 is applicable. ********************************************* ORDINANCE REVIEW COMMITTEE: PLANNING BOARD REVIEW: BOARD OF COMMISSIONERS REVIEW: 196 LAW OFFICES COLEMAN, GLEDHILL & HARGRAVE ALONZO BROWN COLEMAN,JR. GEOFFREY E.GLEDHILL 1'9 E. IRYCiN STREET DOUGLAS HARGRAVE P.O.DRAWER 1529 KIM K.STEFFAN HILLSBOROUGH,NORTH CAROLINA 27278 May 14 , 1993 JANET B.DUTTON (919)732-2196 FAX(919)732-7997 Mr. Marvin Collins Planning Director Orange County Planning Department Post Office Box 8181 Hillsborough, North Carolina 27278 RE: Impervious Surface Requirements and Conservation Easements Dear Marvin: I have reviewed the proposed language for new Section 6 .23 . 4 .b. of the Zoning Ordinance that accompanied the referenced ordinance amendment abstract for the May 24, 1993 Planning Public Hearing. The new subsection will permit the use of land subject to a conservation easement in the calculation of impervious surface limitations . As a threshold matter, there is a policy issue which should be highlighted in the abstract and identified in the staff presentation during the public hearing. That issue is : Should Orange County take title to conservation easements to enable the further development of private land? You and I haven't discussed this issue because it hadn't occurred to me that the conservation agreements would involve the County. Rather, I envisioned the agreement to be between two private land owners . As a practical matter, however, the agreements must involve the County because of the limitations contained in the relevant enabling legislation. With respect to the ordinance amendment itself, the examplf contained in the second paragraph of paragraph b. needs to be revised. A person planning 5500 square feet of impervious surface on a 40, 000 square foot lot will need a conservation agreement covering 5833 square feet of land rather than 700 square feet. (5500 square feet is 12% of 45, 833 square feet. ) With this letter is an insert containing two paragraphs to. be added to new subsection b. to insure that the conservation agreement accomplishes its purpose. Very t ly yours , rey E Gledhill GEG/lsg Enclosure 197 INSERT The conservation agreement shall describe the property restricted in a manner sufficient to pass title, provide that its restrictions are covenants that run with the land and, in form, be approved by the Orange County Attorney. The conservation agreement shall, upon its recording, be in the place of a first priority lien on the property (excepting current year ad valorem property taxes) and shall remain so unless, with the approval of Orange County, it is released or terminated. Orange County shall require the priority of the conservation agreement to be certified by an attorney at law, licensed to practice law in the State of North Carolina and approved to certify title to real property by a lending institution (bank or savings and loan association) doing business in Orange County. Orange County approval of a release or termination of the conservation agreement shall be declared on the document releasing or terminating the agreement. The document shall be signed by the Orange County Manager, upon approval of the Orange County Board of Commissioners . No such document shall be effective to release or terminate the conservation agreement until it is filed for registration with the Register of Deeds of Orange County. 198 199 Part 4. Acquisition of Open Space. 160A-401. Legislative intent. It is the intent of the General Assembly in enacting this Part to provide a means whereby any county or city may acquire, by pur- chase. gift. grant, bequest, devise, lease, or otherwise, and through the expenditure of public funds. the fee or any lesser interest or right in real property in order to preserve, through limitation of their future use, open spaces and areas for public use and enjoy- ment. (1963, c. 1129, s. 1; 1971, c. 698, s. 1.) Local Modification. — Guilford and "Urban Planning and Land use Regula- cities of Greensboro and High Point: tion: The Need for Consistency," see 14 1987, c. 669, s. 1. Wake Forest L. Rev. 81 (1978). Legal Periodicals. — For comment, § 160A-402. Finding of necessity. The General Assembly finds that the rapid growth and spread of urban development in the State is encroaching upon, or eliminat- ing, many open areas and spaces of varied size and character, in- cluding many having significant scenic or esthetic values, which areas and spaces if preserved and maintained in their present open state would constitute important physical, social, esthetic, or eco- nomic assets to existing and impending urban development. The General Assembly declares that it is necessary for sound and proper urban development and in the public interest of the people of this State for any county or city to expend or advance public funds for, or to accept by purchase, gift, grant, bequest, devise, lease, or other- wise, the fee or any lesser interest or right in real property so as to acquire. maintain, improve, protect, limit the future use of, or oth- erwise conserve open spaces and areas within their respective juris- dictions as defined by this Article. The General Assembly declares that the acquisition of interests or rights in real property for the preservation of open spaces and areas constitutes a public purpose for which public funds may be expended or advanced. (1963, c. 1129, s. 2; 1971, c. 698, s. 1.) § 160A-403. Counties or cities authorized to ac- quire and reconvey real property. Any county or city in the State may acquire by purchase, gift, grant. bequest, devise, lease, or otherwise, the fee or any lesser interest, development right, easement, covenant, or other contrac- tual right of or to real property within its respective jurisdiction, when it finds that the acquisition is necessary to achieve the pur- poses of this Part. Any county or city may also acquire the fee to any property for the purpose of conveying or leasing the property back to its original owner or other person under covenants or other contractual arrangements that will limit the future use of the prop- erty in accordance with the purposes of this Part, but when this is done, the property may be conveyed back to its original owner but to no other person by private sale. (1963, c. 1129, s. 3; 1971, c. 698, s. 1.) Local Modification. — Guilford and Decade of Preservation and Preserve- , cities of Greensboro and High Point: Lion Law," see 11 N.C. Cent. L.J. 214 1987, c. 669, s. 2. (1980). Legal Periodicals. —For article,"A • 200 § 160A-404. Joint action by governing bodies. Any county or city may enter into any agreement with any other county or city for the purpose of jointly exercising the authority i7:anted by this Part. (1963, c. 1129, s. 4; 1971, c. 698, s. 1.) § 160A-405. Powers of governing bodies. Any county or city, in order to exercise the authority granted by this Part, may: (1) Enter into and carry out contracts with the State or federal government or any agencies thereof under which grants or other assistance are made to the county or city: (2) Accept any assistance or funds that may be granted by the State or federal government with or without a contract; (3) Agree to and comply with any reasonable conditions im- posed upon grants; (4) Make expenditures from any funds so granted. (1963, c. 1129, s. 5; 1971, c. 698, s. 1.) Legal Periodicals.— For article, "A Lion Law," see 11 N.C. Cent. L.J. 214 Decade of Preservation and Preserve- (1980). § 160A-406. Appropriations authorized. For the purposes set forth in this Part, a county or city may appropriate funds not otherwise limited as to use by law. (1963, c. 1129, s. 6; 1971, c. 698, s. 1; 1973, c. 426, s. 60; 1975, c. 664, s. 14.) § 160A-407. Definitions. (a) For the purpose of this Part an "open space" or "open area" is any space or area (i) characterized by great natural scenic beauty or (ii) whose existing openness, natural condition. or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources. (b) For the purposes of this Part "open space" or "open area" and the "public use and enjoyment" of interests or rights in real prop- erty shall also include open space land and open space uses. The term "open space land" means any undeveloped or predominantly undeveloped land in an urban area that has value for one or more of the following purposes: (i) park and recreational purposes, (ii) con- servation of land and other natural resources, or (iii) historic or scenic purposes. The term "open space uses" means any use of open space land for (i) park and recreational purposes, (ii) conservation of land and other natural resources. or (iii) historic or scenic pur- poses. (1963, c. 1129, s. 7; 1969, c. 35, s. 1; 1971, c. 698, s. 1.) Local Modification.— Guilford and cities of Greensboro and High Point: 1987, c. 669, s. 5. §§ 160A-408 to 160A-410: Reserved for future codification purposes. 201 familiec earning less than`sixty percent (60%) of Orange County median income. zidiusted for family size, as determined by the U.S. Department of Housing and Urban Development (hereinafter 'median income'): • To construct at least twenty percent (20%) of the total duplex or multifamily units of a housing development for rent to families earninI less than fifty percent (50%) of median income; L3'.1 To construct the greater of two or all of the bonus of the total single family residential units of a housing development for sale to persons and families earning less than eicht\ percent (SO% ) of the median income: or (41 To donate land to Orange County to he used for the purpose of the development of affordable housing_, provided that the land donated must have suitable soils or access to public water and sewer and be sufficient in size for the greater of two or all the bonus units. For the purposes of this subsection. 'density bonus' means a density increase of at least twenty-five percent (25%) over the otherwise maximum allowable residential density under the applicable zoning classification. The density bonus shall not be included when determining the number of housing units that constitutes the minimum renuired to be made available to low and moderate income housing." Sec. 3. G.S. 153A-342 reads as rewritten: "§ 153A-342. Districts; zoning less than entire jurisdiction. A county may divide its territorial jurisdiction into districts of any number, shape, and area that it may consider best suited to carry out the purposes of this Part. Within these districts a county may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. Such districts may include, but shall not be limited to, general use districts, in which a variety of uses are permissible in accordance with general standards; overlay districts, in which additional requirements are imposed on certain properties within one or more underlying general or special use districts; and special use districts or conditional use districts, in which uses are permitted only upon the issuance of a special use permit or a conditional use permit. Property may be placed in a special use district or conditional use district only in response to a petition by the owners of all the property to be included. Except as authorized by the foregoing, and by G.S. )53A-340, all regulations shall be uniform for each class or kind of building throughout each district, but the regulations in one district may differ from those in other districts. A county may determine that the public interest does not require that the entire territorial jurisdiction of the county be zoned and may designate one or more portions of that jurisdiction as a zoning area or areas. A zoning area must originally contain at least 640 acres and at least 10 separate tracts of land in separate ownership and may thereafter be expanded by the addition of any amount of territory. A zoning area may be regulated in the same manner as if the entire county were zoned, and the remainder of the county need not be regulated." - Sec. 4. G.S. 160A-407 reads as rewritten: _ "§ 160A-407. Definitions. ••• ' , (a) For the purpose of this Part an `open space' or 'open area' is any space or area (i) characterized by great natural scenic beauty eta (ii) whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources. resources. (iii) that would assure. preserve. and protect watershed areas as a basic asset and natural resource so Senate Bill 623 202 as to prevent the impairment of drinking water supplies, or (iv) that would assure, preserve, protect, and maintain the purity and the nual!ty of reservoir waters and would promote the health, safety, and welfare of the people of the State. (b) For the purposes of this Part 'open space' or 'open area' and the 'public use and enjoyment' of interests or rights in real property shall also include open space land and open space uses. The term 'open space land' means any undeveloped or predominantly undeveloped land in an urban area that has value for one or more of the following purposes: (i) park and recreational purposes, (ii) conservation of land and other natural resources, e= (iii) historic or scenic pure-o;cs. purposes. (iv) farmland, or (v) conservation of watershed areas and drinking water supplies to prevent the impairment thereof and assure, preserve. protect, and maintain the purity and duality of reservoir waters. The term 'open space uses' means any use of open space land for (i) park and recreational purposes, (ii) conservation of land and other natural resources, et (iii) historic or scenic }cur-po c-s. purposes, livl farmland, or (v) conservation of watershed areas and drinkinz water supplies to prevent the impairment thereof and assure, preserve, protect. and maintain the purnt\ and auaihty of reservoir waters." Sec. 5. G.S. 153A-121 is amended by adding a new subsection to read: "(dl A county may by ordinance renuire the owners and the operators of community systems of sewage collection, treatment, and disposal. to provide the county with performance bonds. letters of credit. or certificates of deposit in amounts sufficient to cover (i) the initial design, installation, and performance of the system to design standards; (ii) system component replacement; and (iii) system maintenance. A community system of sewage collection, treatment, and disposal is one which serves more than one user and is not owned or operated by a local government unit or a North Carolina water and sewer authority." Part 2. Orange County Civil Rights Ordinance. Sec. 6. Orange County Civil Rights Ordinance. (a) The Board of Commissioners of Orange County may adopt an ordinance (hereinafter "Civil Rights Ordinance" or "Human Rights Ordinance") designed: to promote equal treatment of all individuals; to discourage discrimination based on religion, age, sex, race, disability, or marital status; to help residents find ways to meet and solve problems arising from discrimination by use of public meetings, counseling, mediation v here appropriate, and the civil and criminal courts as necessary; to continue to protect the lawful interests of residents and to recognize the dignity of each person so as to make available to the county the full productive and creative capacities of its citizens; to prevent public and domestic strife, crime and unrest; to preserve the public health. safety and general welfare; to promote the policy within Orange County that all individuals, child and adult, female and male, shall have equal rights throughout Orange County and every place subject to its jurisdiction; to carry out in Orange County the policies provided for in various federal rules, regulations, and laws prohibiting discrimination in housing, employment, places of public accommodation, public transportation, voting and education; and to address the deprivation of the free exercise or enjoyment of any right, privilege, or immunity secured by the Constitution of North Carolina, not inconsistent with the Constitution of the United States. (b) The Board of Commissioners of Orange County may, by ordinance or otherwise, create an agency or commission (hereinafter "agency") of Orange County to assist in the enforcement.. of an Orange 'County Civil Rights or Human Rights Ordinance and to receive, initiate, investigate, seek to conciliate, hold hearings on and pass upon complaints, to mediate alleged violations of the ordinance, to issue orders against persons it finds, after notice and hearing, to have violated the ordinance, and to seek court enforcement of its orders. Senate Bill 623 203 ARTICLE 4. Conservation and Historic Preservation Agreements Act. 121-34. Short title. The title of this Article shall be known as the "Historic Preserva- tion and Conservation Agreements Act," (1979, c. 747, s. 1. Legal Periodicals. — For an article For an article entitled, "Preservation entitled. "A Decade of Preservation and Law 1976.1980: Faction, Property Preservation Law," see 11 N.C. Cent. Rights and Ideology," see 11 N.C. Cent. L.J. 214 (1980). L.J. 276 (1980). For an article entitled.'Reaffirmation For an article entitled, The North of Local initiative: North Carolina a Carolina Historic Preservation and Con- 1979 Historic Preservation Legislation," see 11 N.C. Cent. L.J. 243 (1980). servation Agreements Act: Assessment For an article entitled. "Revolving and Implications for Historic Preserve- Funds:In the Vanguard of the Preserve,- tion," see 11 N.C. Cent. L.J. 362 (1960). tion Movement," see 11 A.C. Cent. L.J. 256 (1980). § 121-35. Definitions. Subject to any additional definitions contained in this Article, or unless the context otherwise requires: • (1) A "conservation agreement" means a right, whether or not stated in the form of a restriction, reservation. easement, covenant or condition, in any deed, will or other instru- ment executed by or on behalf of the owner of land or improvement thereon or in any order of taking, appropri- ate to retaining land or water areas predominantly in their natural, scenic or open condition or in agricultural, horti- cultural. farming or forest use. to forbid or limit any or all (i) construction or placing of buildings, roads, signs. billboards or other advertising, utilities or other structures on or above the ground, (ii) dumping or placing of soil or other substance or material as landfill, or dumping or plac- ing of trash, waste or unsightly or offensive materials, (iii) removal or destruction of trees, shrubs or other vegetation, (iv) excavation, dredging or removal of loam, peat, gravel, soil, rock or other mineral substance in such manner as to affect the surface, (v) surface use except for agricultural, farming, forest or outdoor recreational purposes or pur- poses permitting the land or water area to remain predom- inantly in its natural condition, (vi) activities detrimental to drainage, flood control, water conservation, erosion con- trol or soil conservation, or (vii) other acts or uses detri- mental to such retention of land or water areas. (2) "Holder" means any public body of this State, including the State, any of its agencies, any city, county, district or other political subdivision or municipal or public corporation, or any instrumentality of any of the foregoing, any nonprofit corporation or trust, or any private corporation or business entity whose purposes include any of those stated in (1) and (3), covering the purposes of preservation and conser- vation agreements. (3) A "preservation agreement" means a right, whether or not stated in the form of a restriction, reservation, easement, covenant, condition or otherwise, in any deed, will or other instrument executed by or on behalf of the owner of the land or any improvement thereon, or in any other (order] of taking, appropriate to preservation of a structure or site historically significant for its architecture, archaeology or 204 historical associations, to forbid or limit any or all (i) alter- - ation, t ii) alterations in exterior or interior features of the structure, tiiil changes in appearance or condition of the site, (iv) uses not historically appropriate, or (v) other acts or uses supportive of or detrimental to appropriate preser- vation of the structure or site. (1979, c. 747, s. 2.1 Legal Periodicals. — For an article Carolina Historic Preservation and Con- entitled. "Preservation Law 1976-1980: servation Agreements Act: Assessment Faction. Property Rights and Ideology," and Implications for Historic Preserva- see 11 N.C. Cent. L.J. 276 ;19801. tion." see 11 N.C. Cent. L.J. 362 (1980), For an articie entitled, "The North § 121-36. Applicability. (a) This Article shall apply to all conservation and preservation agreements falling within its terms and conditions. (b) This Article shall not be construed to make unenforceable any restriction, easement, covenant or condition which does not comply with the requirements of this Article. (c) This Article shall not be construed to diminish the powers of any public entity, agency, or instrumentality to acquire by pur- chase, gift. devise, inheritance, eminent domain or otherwise and to use property of any kind for public purposes. (1979, c. 747, s. 3.) Legal Periodicals. — For an article ments Act:Assessment and Implications entitled, "The North Carolina Historic for Historic Preservation," see 11 N.C. Preservation and Conservation Agree. Cent. L.J. 362 (1980). 121-37. Acquisition and approval of conservation and preservation agreements. Subject to the conditions stated in this Article, any holder may, in any manner, acquire, receive or become a party of a conservation agreement or a preservation agreement. (1979, c. 747, s. 4.) • § 121-38. Validity of agreements. (a) No conservation or preservation agreement shall be unen- forceable because of (1) Lack of privity of estate or contract, or (2) Lack of benefit to particular land or person, or (3) The assignability of the benefit to another holder as defined in this Article. (b) Such agreements are interests in land and may be acquired by any holder in the same manner as it may acquire other interests in land. (c) Such agreements may be effective perpetually or for shorter stipulated periods of time. (d) Such agreements may impose present, future, or continuing obligations on either party to the agreement, or their successors, in furtherance of the purposes of the agreement. (1979, c. 747, s. 5.) § 121-39. Enforceability of agreements. (a) Conservation or preservation agreements may be enforced by the holder by injunction and other appropriate equitable relief ad- ministered or afforded by the courts of this State. Where appropri- ate under the agreement, damages, or other monetary relief may also be awarded either to the holder or creator of the agreement or either of their successors for breach of any obligations undertaken by either. • 203 (b Such agreements shall entitle representatives of the holder to enter the involved land or improvement in a reasonable manner and at reasonable times to assure compliance. (1979, c. 747, s. 6.) § 121-40. Assessment of land or improvements sub- ject to agreement. For purposes of taxation, land and improvements subject to a conservation or preservation agreement shall be assessed on the basis of the true value of the land and improvement less any reduc- tion in value caused by the agreement. (1979, c. 747, s. 7.) Legal Periodicals. — For an article For an article entitled, "The North entitled, "Preservation Law 1976-1980: Carolina Historic Preservation and Con- Faction, Property Rights and Ideology," serration Agreements Act: Assessment see 11 N.C. Cent. L.J. 276 (1980). and Implications for Historic Preserva- tion," see 11 N.C. Cent. L.J. 362 (1980). CASE NOTES To find the true value of property the conservation easements. Determin- subject to conservation easements, ing the highest and best use of the prop- the State Property Tax Commission arty prior to the granting of the ease- must determine the market value prior ment is a critical part of the appraisal to the granting of the easements and process.Rainbow Springs Partnership v. then reduce that value by applying a County of Macon,— N.C. App. —, 339 damage factor caused by the granting of. S.E.2d 681 (1986). § 121-41. Public recording of agreements. (a) Conservation agreements shall be recorded in the office of the Register of Deeds of the county or counties in which the subject land or improvement is located, in the same manner as deeds are now recorded. (b) Releases or terminations of such agreements shall be re- corded in the same waiver. Releases or terminations, or the record- ing entry, shall appropriately identify by date, parties, and book and pages of recording, the agreement which is the subject of the release or termination. (1979, c. 747, s. 8.) Legal Periodicals. — For an article ments Act:Assessment and Implications entitled, "The North Carolina Historic for Historic Preservation," see 11 N.C. Preservation and Conservation Agree- Cent. L.J. 362 (1980). § 121-42. Citation of Article. This Article shall be known and may be cited as "Uniform Con- servation and Historic Preservation Agreement Act." (1979, c. 747, s. 9.) 206