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HomeMy WebLinkAboutAgenda - 09-10-1991Moses Carey. Jr. Alice M. Cordon Stephen H. Halkiotis Verla I. Insko Don willhoit ORANGE. COUNTY COMMISSIONERS P.O. Box 8181 HILLSBOROUGH, N.C. 27278 JOINT WORK SESSION BETWEEN THE ORANGE COUNTY BOARD OF COMMISSIONERS AND THE HILLSBOROUGH TOWN COMMISSIONERS 732 -8181 968 -4501 688 -7331 227 -2031 644 -3004 (Fax) A work session will be held jointly by the Orange County Board of Commissioners and the Hillsborough Town Commissioners on Tuesday, September 10, 1991 at 7:30 p.m. in the Food Lab of the Agricultural and Planning Building on Revere Road in Hillsborough. A G E N D A I. Opening Remarks 2. Relationship of Rural Character Strategies and the State and local watershed protection regulations to the Cooperative Planning Agreement 3. Other related topics YOU COUNT IN ORANGE COUNTY ! 5EP -10 -1591 15 ;00 FROM ALICE 5ORDON TO BLYTHE - LINK P.01 MEMORANDUM To: Participants in the Cooperative Planning W6rk Session From: Alice Gordon i Subject: Cooperative Planning Agreement Date: September 10, 1991 I Since 1 will not be able to attend the wark session this evening, let me share with you my thoughts on the Cooperative Planning Agreement. A. Agreement Text In my opinion the agreement is in fairly go¢d shape, so there is just one point I would like to make concerning the text. I believe that the Open Space Area in the Hillst orough CPZ should be clearly distinguished from the Rural Buffer l rea in the Chapel Hill - Carrboro JPA, so that the two are obviously distinct land use types. Therefore, I believe all reference td "rural' in the Open Space Area should be deleted and we should instead refer to areas that are "not expected to become urban" or are "not projected to require urban services." We should also emphasize that the purpose of this area is to permanently] preserve open space. In Article I, Section 1. 2 -- D, "Open Space Area (page 2) the last two sentences could thus be worded something !like this (changes underlined): The Open Space Area is further def fined as land which, although adjacent to an urban or transition area, is a ats or-permanently pre erve o en tD41ce. and generally contain low density residents 1 uses. This area may be served by public water and sewet, but soley for the purpose of servicing large d�tietopmentsl or a comb, nation of 2alall develo ment h e ss ni ica t Mtr-manently preservcd opgn space. B. Rum Character „Strategies . I think the agreement can be signed without specifying Rural Character Strategies, if we agree that op' n space should be permanently preserved. We may wish to work o:,t a set of strategies for preserving open space using an uhderlying density of one acre (as opposed to two acres), but that will take time. TOTAL P.01 —J C771 D�II August 14, 1991 Revised August 21, 1991 THIS AGREEMENT, made and entered into this day of , 199_, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina (hereinafter sometimes referred to as "the County" or "County ") and THE TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the laws of North Carolina (hereinafter sometimes referred to as "the Town" or "Town "). W I T N E S S E T H: In consideration of the public benefits expected to flow from the cooperative efforts of Orange County and Hillsborough in establishing a coordinated and comprehensive system of planning within their area of joint public concern, County and Town hereby agree as follows: ARTICLE I. PURPOSE, DEFINITIONS, EFFECTIVE DATE Section 1.1 Purpose of the Agreement. The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County- - Hillsborough Cooperative Planning Area (hereinafter referred to as "Cooperative Planning Area "), as defined herein. Section 1.2 Definitions. A. Cooperative Planning Area. The area designated on the Cooperative Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Hillsborough. The perimeter boundaries, the transition area boundaries 1 and the open space area boundaries of the Cooperative Planning Area are shown on Exhibit A to this Agreement. B. Cooperative Planning Area Land Use Plan. The Cooperative Planning Area Land Use Plan to be developed jointly by Orange County and Hillsborough and to be adopted by Orange County and as it may be amended from time to time. C. Cooperative Planning Area Land Use Map. The Cooperative Planning Area Land Use Map, to be developed jointly by Orange County and Hillsborough and to be adopted by Orange County and as it may be amended from time to time D. Open Space Area. That portion of the Cooperative Planning Area designated on the Cooperative Planning Area Land Use Map as such and containing development options as may be approved by Orange County from time to time. The Open Space Area is further defined as land which, although adjacent to an urban or transition area, is generally rural and which will generally remain rural and generally contain low density residential uses. This area may be served by public water and sewer but solely for the purpose of the development of large developments or a combination of small developments with significant preserved open space and that therefore tend to preserve the rural nature of the area. E. Transition Area. That portion of the Cooperative Planning Area designated on the Cooperative Planning Area Land Use Map as such. This area is further defined as K being in transition from rural to urban or already urban in density. Urban services (public water and sewer-and other town services) are now provided to this area or are projected to be provided to this area. This area is further defined as likely to be annexed by Hillsborough in the foreseeable future. F. Development Permit. Major subdivision preliminary plat approval and any discretionary permit (whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners or the Hillsborough Board of Commissioners. G. Involuntary Annexation. Annexation authorized or undertaken pursuant to Parts 2 and 3 of Article 4A of Chapter 160A of the North Carolina General Statutes. H. Voluntary Annexation. Annexation authorized or undertaken pursuant to Parts 1 and 4 of Article 4A of Chapter 160A of the North Carolina General Statutes. Section 1.3 Effective Date and Duration. A. Articles 1 and 2 of this Agreement shall become effective on the effective date of an Orange County ordinance or ordinances: (1) adopting this Agreement (after it has been approved by Hillsborough); and (2) amending Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; and (3) adopting the Cooperative Planning Area Land Use Plan; and (4) adopting the Cooperative 3 Planning Area Land Use Map. Articles 3 and 4 of this Agreement shall become effective -upon the execution of this Agreement. B. This Agreement shall remain in effect until terminated by mutual agreement or by withdrawal of either party. A party may withdraw from this Agreement at any time before the adoption of the Cooperative Planning Area Land Use Plan and the Cooperative Planning Area Land Use Map thirty (30) days following written notice to the other party. Any such withdrawal shall be effective thirty (30) days following receipt by the party not withdrawing of the notice of withdrawal. After the adoption of the Cooperative Planning Area Land Use Plan and Cooperative Planning Area Land Use Map, a party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notice to the other party within thirty (30) days of the public hearing. Any such withdrawal shall be effective one (1) year following receipt by the party not withdrawing of the written notice. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited 4 to preparation and adoption of the Cooperative Planning Area Land Use Plan, the Cooperative Planning Area Land Use Map, Zoning Maps, appointments of Transition Area representatives to the Hillsborough Planning Board and Board of Adjustment and all required land use ordinance amendments) required to cause this Agreement to become effective. Each party will notify the other party when each step has been taken. Orange County will notify Hillsborough by resolution when Articles 1 and 2 of this Agreement become effective. ARTICLE '2.. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2.1 Standards Within the Transition Area. A. Hillsborough shall prepare a Zoning Map for the Transition Area and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection B of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond to the text of the Hillsborough Zoning Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Cooperative Planning Area Land Use Plan and the adopted Cooperative Planning Area Land Use Map. B. Upon completion of the Zoning Map referred to in Section 2.1A, Orange County shall amend its Zoning Atlas in 9 accordance with said Map. Orange County shall also adopt by reference the Hillsborough Zoning Ordinance and. the Hillsborough Subdivision Regulations and make their provisions applicable to the Transition Area. Section 2.2 Standards Within the Open Space Area. Within the Open Space Area, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect until amended in accordance with Section 2.6 of this Agreement. Section 2.3 hermit Administration Within the Transition Area. A. Except as otherwise provided in Sections 2.5 and 2.6, Hillsborough shall perform all functions related to the administration of the ordinances referenced in Section 2.1B. Subject to the remainder of this Section, Hillsborough shall administer the referenced ordinances just as if the land were located within Hillsborough's planning jurisdiction. Administration shall include but not be limited to the following: 1. Receipt and processing of development applications; 2. Issuance of any required permits and certifications; 3. Review and approval of required site /construction plans; 4. Conducting necessary site inspections; 5. Enforcement of all standards; 2 6. Any other acts or things necessary to administer the Ordinances; and shall be carried out in a manner so as to insure that a developer complies with all applicable ordinance requirements and the terms and conditions of any permit issued by the Town. The Town may charge fees for processing applications, conducting site /construction plan reviews, and carrying out site inspections in accordance with fee schedules applicable within the planning jurisdiction of the Town. B. Whenever Hillsborough receives an application for a development permit as defined in this Agreement relating to land within the Transition Area it shall forward a copy of the application to Orange County for review. The Town shall Establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing; provided, however, the Town may not vote to issue or deny a permit until it has received the recommendations of Orange County or until the expiration of forty -five (45) days after Orange County has received the application, whichever occurs first. 7 Section 2.4 Permit Administration in the Open Space Area. A. Except as otherwise provided in- Section 2.6 and - the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2.2 in the same manner as if the land were located outside the Cooperative Planning Area. B. Whenever Orange County receives an application for a development permit as defined in this Agreement relating to land located within the Open Space Area, it shall forward a copy of the application to Hillsborough for review. The County shall establish timetables to insure that the Town has an opportunity to make recommendations regarding such applications within the framework of the Town's regularly scheduled meeting dates. To the extent possible, the timetable of the Town and the County shall provide for simultaneous review to expedite application processing; provided, however, Orange County may not vote to issue or deny a permit until it has received the recommendation of the Town or until the expiration of forty -five (45) days after Hillsborough has received the application, whichever occurs first. Section 2.5 Enforcement Remedies. A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. M B. Within those portions of the Cooperative Planning Area where the ordinances specified - in Section 2.1B -are administered by the Town, enforcement efforts through the use of civil penalties, criminal penalties' or injunctive relief shall be initiated by the Town. The Town shall have the duty to defend at its own expense and shall indemnify and hold harmless, to the extent it can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and court costs, resulting from the Town's administration of the ordinances specified in Section 2.1B. C. Orange County shall notify Hillsborough and Hillsborough shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. Section 2.6 Text and Map Amendments. A. Proposed amendments to the Cooperative Planning Area Land Use Plan and /or the Cooperative Planning Area Land Use Map may be initiated by (i) Orange County or (ii) Hillsborough or (iii) any other person by filing a request for such an amendment with Orange County. Any petition or request to amend the Cooperative Planning Area Land Use Plan received by the County shall be 0 referred to Hillsborough. No such amendment may become effective, until after it has been adopted by Hillsborough and Orange County following a joint public hearing by both governing bodies. Orange County and Hillsborough agree to periodically review the Cooperative Planning Area Land Use Plan and the Cooperative Planning Area Land Use Map to consider changing conditions and circumstances. This review will take place at five (5) year intervals unless some Lesser or greater interval is agreed by the County and the Town. B. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Open Space Area as well as proposed changes in zoning district classifications (i.e., zoning map changes) that affect property within the Open Space Area shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals shall be referred to Hillsborough for review and recommendation. Orange County may not adopt such proposed amendments until Hillsborough has made its recommendations, or until the expiration of thirty (30) days following such referral., whichever occurs first. C. Whenever Hillsborough proposes to amend the text of its Zoning Ordinance or Subdivision Regulations, it shall deliver a copy of the full text of the proposed amendment 10 to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty ( 30 ) day period may be reduced to not less than ten (10) days. Unless Orange County files with Hillsborough a written objection on or before the date of the public hearing on the proposed ordinance amendment, then adoption of the amendment by Hillsborough shall automatically effect a corresponding amendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1B. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Cooperative Planning Area Land Use Plan. If Hillsborough adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a request that the County make corresponding changes as expeditiously as reasonably possible so that Hillsborough may continue to enforce within the Transition Area the same standards that it enforces within its own planning jurisdiction. in the event of objection by Orange County as provided herein, no such amendment shall be effective within the Cooperative Planning Area until it is adopted by Orange County. 11 D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to .the Transition Area (i.e., those ordinances adopted by reference pursuant to Section 2.1B). Amendments to the ordinances referenced in Section 2.1B by Orange County may be accomplished only pursuant to Section 2.6C (including adoption by Orange County following a request to do so by the Town). Any petition or request to amend these ordinances received by the County or initiated by the County shall be referred to Hillsborough. E. Within the Transition Area, changes in zoning classifications may not be made unless and until an ordinance approving a zoning map amendment making the changes has been approved both by Hillsborough and Orange County following a joint public hearing by the two governing bodies. Requests for changes in zoning within the Transition Area that are filed with the County shall be referred to Hillsborough to initiate the amendment process. F. Proposed amendments to the text of this Agreement shall not become effective until approved by Hillsborough and until adopted by Orange County ordinance. Section 2.7 Representation of Transition Area Residents. Hillsborough shall revise, its Zoning Ordinance to provide that at least one resident of the Transition Area shall be appointed to Hillsborough's respective planning board and 12 board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in the Town's zoning ordinance. ARTICLE 3. LIMITATIONS ON ANNEXATIONS Section 3.1 No Annexation Into Open Space Area. Except pursuant to the written consent of Orange County, Hillsborough agrees that it will not annex into the Open Space Area (whether by voluntary or involuntary annexation or by any other method authorized by law) nor shall Hillsborough seek special legislation accomplishing such annexation. ARTICLE 4. LIMITATIONS ON THE EXTENSION OF PUBLIC WATER AND SEWER. Section 4.1 Extensions of Public Water and Sewer. Except pursuant to the written consent of Orange County, Hillsborough agrees that it will not extend its public water and sewer into the Open Space Area of the Orange County /Chapel Hill /Carrboro Joint Planning Area or into the Upper Eno Watershed. Except pursuant to the written consent of Orange County, Hillsborough agrees that it will not extend its public water and sewer into the Open Space Area of the Cooperative Planning Area except consistent with the development options for the Open Space Area adopted by Orange County from time to time. 13 THIS AGREEMENT entered into this day of 199 . Chair, Orange County Board of Commissioners ATTEST: uierx zo zne boara ox commissioners ATTEST: Town Clerk Mayor, Town of Hillsboroug 14 EXHIBIT A 0 a� TOD/V 0 0 vQ 0 �n N�