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HomeMy WebLinkAboutORD-2017-025 Ordinance adopting amendments to its UDO to make desired revisions to the existing public hearing process for review of UDO, Comprehensive Plan, and Zoning Atlas-related items -;L L Ordinance # ORD-2017-025 D, 3 AN ORDINANCE AMENDING THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO) to make desired revisions to the existing public hearing process for review of UDO, Comprehensive Plan, and Zoning Atlas-related items, and Whereas, the requirements of Section 2.8 of the Unified Development Ordinance have been deemed complete, and Whereas, Orange County has initiated amendments to the Planning Board Policies and Procedures, and Whereas, the County has held the required public hearing and has found the proposed text amendment is consistent with the goals and policies of the adopted Comprehensive Plan. Be it ordained by the Board of Commissioners of Orange County that the Orange County Unified Development Ordinance is hereby amended as depicted in the attached pages. Be it further ordained that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon adoption. Upon motion of Commissioner A& (/ , seconded by Commissioner the foregoing ordinance was adopted this day of 12017. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2017 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in the minutes of the said Board. WITNESS "{ * the seal of said County, this day of 21 + 17 0 SEAL f� ttru1� " Clerk to the Board of Commissioners UNIFIED DEVELOPMENT ORDINANCE AMENDMENT PACKET NOTES: The following packet details the proposed text amendment regarding revisions to the public hearing process. The amendment package will modify Sections 1.6, 2.3, 2.7, 2.8, 5.10, and 10.1 of the Unified Development Ordinance (UDO). As the number of affected pages/sections of the existing UDO are being modified with this proposal, staff has divided the proposed amendments into the following color coded classifications: • Red Text: Denotes new, proposed text, that staff is suggesting be added to the UDO. • Red StFffiIEethMugh Text: Denotes existing text that staff is proposing to delete from the UDO. Only those pages of the UDO impacted by the proposed modification(s) have been included within this packet. Some text on the following pages has a large "X"through it to denote that these sections are not part of the amendments under consideration. The text is shown only because in the full UDO it is on the same page as text proposed for amendment or footnotes from previous sections `spill over' onto the included page. Text with a large "X" is not proposed for modification. Please note that the page numbers in this amendment packet may or may not necessarily correspond to the page numbers in the adopted UDO because adding text may shift all of the text/sections downward. Users are reminded that these excerpts are part of a much larger document that regulates land use and development in Orange County. The full UDO is available online at: http://orangecountync.gov/planning/Ordinances.asp. Article 1: Administration Section 1.6: Planning Board (C) Each Township within the County shall be represented in the membership of the Board by at least one resident. (D) The Board of County Commissioners may by resolution establish rules related to the requirements for volunteer service on the Planning Board, appointment and removal of Planning Board members, and rules of procedure. (E) In establishing the Planning Board and its program, the Board of Commissioners intends that the Planning Board be guided by the following principle: (1) The Comprehensive Plan, and any ordinances or other measures to effectuate it, shall be made with the general purpose of guiding and accomplishing a coordinated, and harmonious development of the County which will, in accordance with present and future needs, best promote health, safety and the general welfare, as well as efficiency in the process of development; including, among other things, adequate provisions for traffic, the promotion of safety from fire and other dangers, adequate provision for light and air, the promotion of the healthful and convenient distribution of populations, the promotion of good civic design, wise and efficient expenditure of public funds, and adequate provision of public utilities, services, and other public requirements, and conservation of significant natural and man-made resources within the County. 1.6.2 Tenure and Membership Expectations (A) The tenure of office shall be three years. Members are eligible for reappointment for a second consecutive full term. After two consecutive terms a member shall be ineligible for reappointment for one year after the expiration of the previous terms. (B) Appointments shall be made so that one-third of the terms expire in March of each calendar year. (C) Appointments made to fill vacancies shall be for the unexpired term and shall not be counted as a term in determining eligibility for reappointment. (D) A member whose term has expired shall continue to serve on the Board until his/her respective successor has been appointed. (E) Attendance at the regular meetings of the Board and at quaFteFly PUIDIOG heaFingsLublic Hearings shall be considered a prerequisite for maintenance of membership on the Planning Board. The Board of County Commissioners may declare a vacancy on the Planning Board because of a member's non-attendance, in accordance with the Planning Board Rules of Procedure. (F) Absence due to sickness, death of an immediate family member or similar reason shall be considered approved absences and shall not affect the member's status. In the event of long illness or other cause for prolonged absence, the member shall be replaced. (G) The Board of County Commissioners may by resolution establish rules related to tenure and membership expectations. If the terms of such resolution, or policy created thereby, conflict with the terms of this section 1.6.1 or 1.6.2 the terms of the resolution or policy shall control. 1.6.3 Duties As provided for in 153A-321 of the General Statutes of North Carolina, as amended, the Planning Board shall have the following general Powers and Duties: (A) Make studies of Orange County and surrounding areas, (B) Determine objectives to be sought in the development of Orange County; (C) Propose and recommend plans for achieving these objectives; (D) Develop and recommend policies, ordinances, administrative procedures and other means for carrying out plans in a coordinated and efficient manner; Orange County, North Carolina—Unified Development Ordinance Page 1-11 Article 2: Procedures Section 2.3. Comprehensive Plan Amendments 2. Manner of Review lications requiring a public hearing shall reviewed using either a legislative process or a qua '-'udicial process as follows: (A) prehensive Plan am dments— legis ive (B) Special U P its—quasi-judicial Comprehensive Application (C) Zoning as an Unified Development Plan Submittal Or " ance amend is—legislative Amendments (D) Conditional Use District UD)—rezoning portion is legislative; Specia se Permit portion is quasi-judicial Text Future Land Use Map (E) Conditional Zoning District (CZD) - legislative Post Sign /Mail Notice for :SECTION • Planning Board Meeting AMENDMENTS and Public Hearing 2.3.1 Review and Approval Flow Chart The review and approval process for Development Advisory Comprehensive Plan Amendments is shown in the Committee Meeting procedure's flowchart. 2.3.2 Generally Staff Recommendation to (A) The Comprehensive Plan shall be so Planning Board prepared that all or individual elements and parts thereof may be adopted and/or amended by the Board of Commissioners. Planning Board Review (B) For the purpose of establishing and and Recommendation maintaining sound, stable, and desirable development within Orange County, the Comprehensive Plan or portion thereof shall not be amended except as follows: Publish Legal Ad (1) Because of changed or changing (Both Amendment Types) conditions in a particular area or areas of the County; (2) To correct an error or omission; or Staff and Planning Board (3) In response to a change in the Recommendation to BOCC policies, objectives, principles or standards governing the physical development of the County. 8ua#edy Public 2.3.3 Initiation of Amendments Hearing (A) An amendment to the Comprehensive Plan or portion thereof may be initiated by: BOCC Decision (1) The Board of Commissioners on its own motion; (2) The Planning Board; Note: This chart is meant as a graphical representation of the UDO text;the text shall take priority in any conflict or ambiguity. Orange County, North Carolina—Unified Development Ordinance Page 2-4 Article 2: Procedures Section 2.3: Comprehensive Plan Amendments (3) Application, by any person or agency, which accurately and completely sets forth the reason(s)for the proposed amendment as prescribed in Section 2.3.2(B); or (4) The Planning Director. (B) Once initiated, all amendments shall be referred to the Planning Board. 2.3.4 Public Hearing Required A public hearing shall be held before adoption of any proposed Comprehensive Plan amendment. The Board of County Commissioners shall hear applications and receive public comment for proposed Comprehensive Plan amendments in a QaaFteFly Public Hearing. 2.3.5 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notice of Planning Board meetings at which the Planning Board is to review and make a recommendation on Future Land Use Map amendments and QaaFteFly-Public Hearings at which an amendment to the Future Land Use Map is to be reviewed. Notifications of proposed Future Land Use Map amendments shall occur as follows: (1) Notice of the Planning Board meeting and public hearing shall be posted on the affected parcel or on an adjacent public right of way a minimum of ten days prior to the Planning Board meeting. Said notice shall contain the time and location of both the Planning Board meeting and public hearing. (a) When multiple parcels are affected, a posting on each individual parcel is not required, but sufficient notices shall be posted to provide reasonable notice to interested persons. (2) Written notice of the Planning Board meeting and public hearing shall be sent by first-class mail to all property owners, as listed in the Orange County tax records, whose property is affected or within one thousand feet of the affected parcel(s). Said notice shall be mailed at least 15 days prior to the date of the Planning Board meeting and shall include the times and locations of both the Planning Board meeting and public hearing. The outside of the envelope or postcard shall be marked "Notice of Public Hearing." (B) The Planning Director shall provide public notice for any Comprehensive Plan amendment to be heard at a QuaFteFly Public Hearing. The notice shall include the time and location of the public hearing. (C) For all proposed amendments, notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment. (1) This notice shall appear in said newspaper for two consecutive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (2) The minimum published size of the notice shall be 25 square inches. 2.3.6 Consideration of Amendments (A) A proposed amendment may be considered in conjunction with a rezoning request for the same property. 2.3.7 Application Requirements (A) Generally (1) All applications for amendments to the Comprehensive Plan shall be submitted on forms supplied by the Planning Department and shall be signed. Orange County, North Carolina—Unified Development Ordinance Page 2-5 Article 2: Procedures Section 2.3: Comprehensive Plan Amendments (2) Three copies of the application shall be submitted to the Planning Director. (3) Before accepting any amendment application, the Planning Director shall ensure that it contains all required information, as specified in this Ordinance. Applications which are not complete, or otherwise do not comply with the provisions of this Ordinance, shall not be accepted by the Planning Director, but shall be returned to the applicant, with a notation by the Planning Director of the deficiencies in the application. (B) Contents of Application Applications for amendments to the Comprehensive Plan, without limiting the right to file additional material, shall contain at least the following: (1) For amendments to the Future Land Use Map within the Land Use Element, a map at a legible scale adequately illustrating the land which would be covered by the proposed map amendment, and a complete list of Property Identification Numbers (PIN) for the properties; (2) For amendments to the Comprehensive Plan text, a copy of the existing text provision(s)which the applicant proposes for amendment, and a written statement which describes in detail changes which the applicant proposes to make to the text of the Comprehensive Plan and the rationale for the proposed amendment consistent with the standards established in this Ordinance; and (3) All other circumstances, factors and reasons which the applicant offers in support of the proposed Comprehensive Plan amendment. 2.3.8 Analysis and Recommendation The Planning Director shall cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. 2.3.9 Planning Board Review (A) The Planning Board shall allow public comments at its meeting and those comments shall be taken into consideration by the Planning Board in making its recommendation. (B) The Planning Board shall review and comment on applications and shall make one of the following recommendations prior to the quarterly publiG heaFiPegPublic Hearing: (1) Recommend approval, (2) Recommend denial, (3) Recommend approval but with specified changes. (4) Recommend the Planning Board be given extended time to consider the matter. (C) Should the Planning Board fail to make a recommendation prior to the q6laFteFly pub}is heafiegPublic Hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 2.3.10 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. Orange County, North Carolina—Unified Development Ordinance Page 2-6 Article 2: Procedures Section 2.7: Special Use Permits I (2) The name(s) Special Use Application and ' Permit Submittal address(es) of the owner(s) of the property Staff Review/ involved. Analysis Begins (3) Relevant information needed to show compliance Class B SUP: Schedule with the NIM, DAC & Board of Class A SUP: Schedule NIM, general and DAC, Planning Board meeting & specific Adjustment quasi- p judicial hearing BOCC quasi-judicial hearing standards governing the Special Use (See Articles 5 Post Sign &Mail Notice for and 6). Post Sign &Mail Neighborhood Information (4) For Class A Notice for Meeting (NIM) & Planning Special Uses Neighborhood Board meeting 26 copies of Information the site plan, Meeting (NIM) and for Class Neighborhood B Special Information Meeting Uses 10 copies of the Neighborhood site plan, Information prepared by a Meeting Development Advisory registered Committee(DAC) North Carolina land surveyor, Meeting landscape Development architect, Advisory architect, or Committee(DAC) engineer, Meeting Planning Board for which shall review and contain the recommendation information Publish Legal Ad, Post listed in Sign &Mail Notice for Section 2.5. Public Hearing Publish Legal Ad, Post (5) If the Sign &Mail Notice for application Public Hearing involves a Preliminary BOA holds quasi- Subdivision judicial hearing BOCC holds quasi-judicial Plat, 26 copies hearing at pUblia ji of the Plat heerin Public Hearing prepared in accordance Board of with Section Adjustment 7.14 shall be decision BOCC decision provided. Note: This chart is meant as a graphical representation of the UDO text;the text shall take priority in any conflict or ambiguity. Orange County, North Carolina—Unified Development Ordinance Page 2-17 Article 2: Procedures Section 2.7: Special Use Permits (D) The chair or presiding officer may take whatever action is necessary to limit testimony to the presentation of new factual evidence that is material to the application, to ensure fair and orderly proceedings, and to otherwise promote the efficient and effective gathering of evidence. Such actions may include: (1) Barring the presentation of obvious hearsay evidence, (2) Barring the presentation of non-expert opinion, (3) Interrupting digressions into immaterial testimony, (4) Interrupting repetitive testimony, (5) Reasonably limiting the time allotted each witness or cross-examination, (6) Providing for the selection of spokespersons to represent groups of persons with common interests, (7) Interrupting personal attacks, and/or (8) Ordering an end to disorderly conduct. (E) Where the Board finds compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless the Board shall also find, in some specific manner, that: (1) the use will not maintain or promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted. (F) Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare shall have the burden of establishing, by competent material and substantial evidence, the specific manner in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. 2.7.9 Review and Decision (A) For Class A Special Use Permits, the following shall apply: (1) All applications shall be referred to the Planning Board for review and recommendation after the Neighborhood Information Meeting but prior to the public hearing. (2) The Planning Board shall make a recommendation and proposed findings of fact on the application, including the findings required in Section 5.3.2 of this Ordinance. The Planning Board's action on an application shall be one of the following: (a) Recommend approval based on proposed findings of fact, (b) Recommend denial based on proposed findings of fact, (c) Recommend approval based on proposed findings of fact but with specified conditions. (3) Should the Planning Board fail to make a recommendation prior to the public hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. (4) The Board of County Commissioners shall review the application during a meeting designated as a Quarterly Public Hearing. (5) All evidence shall be submitted during the public hearing. If additional evidence is requested by the Board of County Commissioners during a hearing which must be submitted at a later date, the hearing shall be continued to a date/time certain in order to receive the additional evidence. Orange County, North Carolina—Unified Development Ordinance Page 2-20 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (1) A copy of the Zoning Atlas and Application existing text UDO Amendments Submittal provision(s) which the applicant proposes for amendment, and Zoning Atlas: Zoning Atlas: Text Amendments (2) A written Conditional General Use statement Districts Zoning Districts which describes in detail the Post Sign /Mail Notice for changes the Neighborhood Info. Meeting applicant (NIM) and Planning Board proposes to Meeting make. (C) The alleged error in Post Sign /Mail Notice the Zoning Atlas and/or Unified Neighborhood for Planning Board Development Information Meeting Meeting Ordinance text that would be corrected by the proposed amendment with a Development Advisory detailed explanation Committee Meeting of such error in the Zoning Atlas and/or Unified Development Staff Recommendation to text and detailed Planning Board reasons how the proposed amendment will correct the alleged error; Eand g Board Review (D) The changed or commend ation changing conditions, if any, in the area or Atlas Amendments: Text in the County Publish Legal Ad Amendments: generally, which Post Sign Publish Legal Ad makes the proposed Mail Notice Zoning Atlas and/or Unified Development Ordinance text Staff and PB Recommendation amendment to BOCC reasonably necessary to promote the public health, safety and QueFIeFlY Public Hearing general welfare; (E) The manner in which the proposed Zoning BOCC Decision Atlas and/or Unified Development Ordinance text Note: This chart is meant as a graphical representation of the amendment will carry UDO text;the text shall take priority in any conflict or ambiguity. out the intent and purpose of the Orange County, North Carolina—Unified Development Ordinance Page 2-25 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments adopted Comprehensive Plan or part thereof; and (F) A traffic impact study as required by Section 6.17. (G) For amendments to the Special Flood Hazard Area Overlay District, pertaining to a Letter of Map Amendment: (1) An elevation certificate with either an MT-1, MT-2, or MT-EZ(forms available through FEMA), or (2) A"No-Impact" analysis for a Letter of Map Revision. (H) All other circumstances, factors and reasons that the applicant offers in support of the proposed Zoning Atlas and/or Unified Development Ordinance text amendment. 2.8.4 Applications for Amendment—Joint Planning Area Applications for amendments to the Orange County Unified Development Ordinance and Zoning Atlas for the purpose of incorporating the provisions of the Chapel Hill Land Development Ordinance(and Zoning Maps) and/or the Carrboro Land Use Ordinance(and Zoning Maps) shall be processed as specified herein and as specified in the Joint Planning Agreement adopted November 2, 1987, and as amended from time to time. Any text amendments adopted by Orange County shall be adopted by reference as though fully set forth herein. Any map amendments adopted by Orange County shall be officially denoted on the County Zoning Atlas. Where there is inconsistency between the amendment procedures contained herein and those contained in the Joint Planning Agreement, the provisions of the Joint Planning Agreement shall apply. 2.8.5 Review,Analysis and Recommendation (A) The Planning Director shall cause an analysis to be made of the application and, based upon that analysis, prepare a recommendation for consideration by the Planning Board and the Board of County Commissioners. (B) Applications for agricultural support enterprise uses located within the Rural Buffer land use classification, as depicted on the Future Land Use Map of the adopted Comprehensive Plan, shall be forwarded to the County's Agricultural Preservation Board for review and comment. (1) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (2) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE-CZ zoning district, as detailed within Section 5.2.3 of this Ordinance. 2.8.6 Public Hearing Required A public hearing shall be held before adoption of any proposed Zoning Atlas Amendment and/or text amendment to this Ordinance. The Board of County Commissioners shall hear applications and receive public comment for Zoning Atlas amendments and/or text amendments to this Ordinance in a QaaAeFly Public Hearing. 2.8.7 Notice Requirements for Planning Board Meetings and Public Hearings (A) The Planning Director shall provide notification of Planning Board meetings at which the Planning Board is to review and make a recommendation on Zoning Atlas amendments. Notifications shall be mailed and posted for the Planning Board meeting in the same manner as for the public hearing, as detailed in (C) and (D) below. The notice shall include the time and location of the Planning Board meeting. The outside of the envelope or postcard shall be marked "Notice of Planning Board Meeting." Orange County, North Carolina—Unified Development Ordinance Page 2-26 Article 2: Procedures Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments (B) The Planning Director shall cause notice of the public hearing to review the application and receive public comment to be published at least twice in a newspaper of general circulation in the county, stating the time and place of the hearing and the substance of the proposed amendment. (1) Said notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten days nor more than 25 days before the date set for the public hearing. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. (C) For amendments to the Zoning Atlas, the Planning Director shall post on the affected property a notice of the public hearing at least ten days prior to the date of said hearing. (D) For amendments to the Zoning Atlas, written notice shall be sent by certified mail to the affected property owner and by first class mail to all adjacent property owners at least 15 days, but not more than 25 days, before the public hearing date. Adjacent property owners are those whose names and addresses are currently listed in the Orange County tax records and whose property lies within one thousand feet of the affected property. The outside of the envelope or postcard shall be marked "Notice of Public Hearing." (E) The Planning Director shall certify the mailing of all notices to the Board of County Commissioners. 2.8.8 Planning Board Review (A) The Planning Board shall allow public comments at its meeting and those comments shall be taken into consideration by the Planning Board in making its recommendation. (B) The Planning Board's action on an application shall be one of the following: (1) Recommend approval, (2) Recommend denial, (3) Recommend approval but with specified changes, or (4) Recommend the Planning Board be given extended time to consider the matter. (C) In making its recommendation, the Planning Board shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly explain why the board considers the action taken to be reasonable and in the public interest. (D) Should the Planning Board fail to make a recommendation prior to the quaFteFly pUbIis hear+n�Public Hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 2.8.9 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. (C) In making its decision, the Board of County Commissioners shall consider adopted plans, comments made at the public hearing, the Planning Board's recommendation, and the Planning Director's recommendation. The Board of County Commissioners shall also approve a statement describing whether its action is consistent with an adopted comprehensive plan or any other officially adopted plan that is applicable, and briefly Orange County, North Carolina—Unified Development Ordinance Page 2-27 Article 5: Uses Section 5.10: Standards for Telecommunication Facilities 5.10.2 Master Telecommunications Plan ("Plan") (A) The Plan is intended to assist providers in their search for suitable locations to build their service network. The County may develop the Plan (map), which would display locations within the County's zoning jurisdiction where property owners have expressed formal, written, interest in allowing construction of telecommunications equipment. (B) Information that may be shown on the base Plan will include, but not limited to: (1) Existing towers, (2) Major transmission lines, (3) County-defined Natural Areas, (4) Historic properties, (5) Scenic corridors, (6) Known bird migratory patterns through the County, (7) Voluntary Agricultural Districts, and (8) Publicly-owned or quasi-public lands. (C) In order to participate in the Plan, all owner(s), or their legally binding representatives, shall submit an application on a form prepared by the Planning Department requesting inclusion. (D) All telecommunication providers who elect to construct facilities on properties in the Plan shall provide all necessary and requested information to the County's telecommunications consultant. (E) Modification of the Plan may be considered annually at the first QuaAerl-Public Hearing of the calendar year, neFmally held in FebFuaFy. Any applicant requesting modification of the Plan shall make application to the Planning Director on or before December 1st of each year. The fee for modifying the Plan shall be that as set forth in the Orange County Schedule of Fees. (F) Withdrawal from the Plan is permitted if any owner submits, to the Planning Director, a notarized statement requesting same. Upon receipt of the request, including any fee for modifying the Plan as set forth in the Orange County Schedule of Fees, the Planning Director shall inform interested parties that the property has been withdrawn from consideration. Removal of the property from the Plan shall be processed as a modification as detailed herein. 5.10.3 Annual Telecommunications Projection Meeting (ATPM) (A) Purpose and Outcome (1) The purpose of the ATPM meeting is to allow for a complete review of collocation opportunities, address coverage issues, and discuss the location of needed telecommunication support structures with providers who intent on submitting development applications for action by the County. The intended outcome of the meeting is to allow the County and interested parties to develop a plan for facility deployment within the County that provides reasonable coverage based on the needs of the County and its residents, while minimizing the total number of needed telecommunication support facilities, including minimizing the intrusiveness of such facilities, and encouraging the development of a more efficient telecommunication network. (2) The intended outcome of the meeting is an understanding amongst the Planning Director and providers on areas of the County where telecommunication support facilities are needed and application request for the year should be focused. (B) Applicability Orange County, North Carolina—Unified Development Ordinance Page 5-94 Article 10: Definitions Section 10.1: Definitions Photovoltaic (PV) Technology that converts light directly into electricity. Portable Building A building not intended for residential use consisting of one or more modules constructed off the ultimate site of use and transported to that site. Post-FIRM Development for which construction started on or after March 16, 1981. Pre-FIRM Development for which construction started before March 16, 1981. Premises A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as a unit of real estate. Principally Above Ground Structure A structure whereby at least 51% of the actual cash value of the structure is located above ground. Principal Structure Any building or other structure occupied or used for the purpose of conducting the principal use of the property. Principal Use A use which falls under one of the categories listed in the Table of Permitted Uses, which is the primary and chief purpose for which a lot is used. Professional Services Establishments that specialize in performing professional, scientific, and technical activities for others. Examples include, but are not limited to, the following: accountants, architects, attorneys, dentists, doctors, engineers, real estate agents, and veterinarians. Public Body Any government or governmental agency of the Orange County, the State of North Carolina, or the United States of America. Public Hearing A hearing opened at any regular meeting of either the Board of County Commissioners or the Board of Adjustments. Public Interest Area Land which contains public or quasi-public uses such as state parks, research forests or known archaeological or historical sites. Public Safety Hazard and/or Nuisance Anything, which is injurious to the safety or health of an Orange County neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. Public Vehicular Areas Street in a platted subdivision which are open for vehicular traffic and have been offered for dedication to the public and where the offer for dedication has not been accepted. Recreation Space Orange County, North Carolina—Unified Development Ordinance Page 10-33 PROPOSED AMENDMENTS TO THE PLANNING BOARD POLICIES AND PROCEDURES APPROVED 11/8/2012, AMENDED 11/5/2015 PLANNING BOARD POLICIES AND PROCEDURES SECTION I: SCOPE A. Purpose 1. To establish a policy and procedures whereby the Orange County Board of Commissioners will establish the specific policies and procedures governing the Planning Board. 2. The Orange County Board of Commissioners may appoint an advisory board whose duty is to serve in an advisory capacity to Orange County Board of Commissioners. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards. 2. The Orange County Advisory Board Policy serves as the underlying policy document to which the Planning Board, in addition to this policy and procedure document, is subject. The Orange County Advisory Board Policy is attached hereto as "Exhibit A". 3. In the event that there is a conflict between the Orange County Advisory Board Policy and this Policies and Procedures document this Policies and Procedures document shall control. C. Charge 1. The charge of the Planning Board is contained in Section 1.6.3 of the Orange County Unified Development Ordinance. The purpose for which the Planning Board was formed: to serve in an advisory capacity to the Orange County Board of Commissioners in regards to planning, zoning, and subdivision matters, as provided in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION II: GOALS AND OBJECTIVES A. Goals 1. The Planning Board shall carry out the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance to the best of its ability. B. Objectives 1. Acting under the directives of the Board of County Commissioners and with County staff, the Planning Board shall pursue the duties contained in Section 1.6.3 of the Orange County Unified Development Ordinance. SECTION III:MEMBERSHIP APPROVED 11/8/2012, AMENDED 11/5/2015 A. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards and to appoint members to and remove members from those advisory boards. In acting on this authority the Orange County Board of Commissioners hereby establishes certain general conditions to which applicants and members of advisory boards should conform. B. Composition 1. Planning Board composition is detailed in Section 1.6.1 of the Orange County Unified Development Ordinance. Additional membership requirements are listed in said Section of the UDO. 2. The Planning Board does not have alternate members. C. Chair, Vice Chair, and Secretary 1. The Planning Board shall elect by majority vote a Chair and Vice Chair from among its members at the regular meeting in January of each year. 2. Chair and Vice Chair terms of office shall correspond to the requirements of the Orange County Advisory Board Policy. 3. The Secretary of the Planning Board shall be the Planning Director or his/her designee. 4. The Chair and Secretary shall ensure that each Planning Board member is presented with a copy of the Planning Board's charge, scope of authority, membership responsibilities, and code of conduct when the Planning Board member is appointed to the Planning Board. 5. If requested by the Board of County Commissioners Chair, the T'#e Planning Board Chair, or Vice Chair in the Chair's absence, shall attend quaFtedy public hearings and Board of County Commissioners meetings at which a decision is scheduled for items on which the Planning Board has made a recommendation. SECTION IV.MEETINGS A. Staffing 1. The Planning Director shall perform the duties set forth in Section 1.6.4 of the Orange County Unified Development Ordinance. B. Agendas 1. Items for agendas shall be approved by the Planning Board Chair and staff. 2. The designated staff will develop and distribute to each member an agenda listing the matters to be considered at upcoming advisory APPROVED 11/8/2012, AMENDED 11/5/2015 board meetings. The regular meeting agenda and materials shall be distributed at least seven (7) calendar days before the regular meeting C. Date, Time, and Location of Regular Meetings 1. Regular Meetings of the Planning Board shall be held on the first Wednesday of each month. The start time and location of the meeting shall be included on the agenda and shall typically be 7:00 p.m. at the Orange County West Campus Office Building located at 131 West Margaret Lane, Hillsborough. The Planning Board Chair, in consultation with staff, shall have the authority to change the start time and location of a regular meeting to meet any special circumstances, provided the information is included on the distributed agenda. D. Notice of Meetings 1. Notice of regular Planning Board meetings and agendas shall be made available to all members and interested parties, and to any person who requests such notice, at least seven (7) days in advance of the meeting by e-mail and by posting on the Orange County government website. 2. Notice of public hearings shall conform to the notice requirements of Section 2.3.6 and/or 2.8.7, as applicable, of the Orange County Unified Development Ordinance. 3. Agenda materials for public hearings shall be distributed to Planning Board members and posted on the Orange County government website for interested parties a minimum of ten (10) calendar days prior to the public hearing. E. Qua#edy Public Hearings 1. Planning Board members shall be aF° expect°' °ncouraged to attend #ate quaFted}L_public hearings held by the Board of County Commissioners for items the Planninq Board has reviewed. The dates of said hearings are RGIOGY. F. Neighborhood Information Meetings 1. Planning Board members shall be encouraged to attend Neighborhood Information Meetings (NIMs) for Class A Special Use Permits and Conditional Zoning Districts. At-Large members and members representing the Township in which a particular development project is proposed are specifically encouraged to attend the NIM. 2. Planning Department staff shall keep Planning Board members informed APPROVED 11/8/2012, AMENDED 11/5/2015 of upcoming Class A Special Use Permit and Conditional Zoning District NIMs via e-mailed messages. Said e-mail messages shall be sent to Planning Board members on the same date, or shortly after, the notifications are mailed to adjacent property owners. SECTION V. ORIENTATION A. Attendance 1. Each member shall attend an orientation presented by the Orange County Staff to familiarize the advisory board members with the operation of County government, the Planning Department rules, and the operating procedures of the advisory board. 2. Each voting member will be encouraged to complete the orientation within six weeks of his or her appointment and participate in at least one meeting with the staff. SECTION VI.BY-LAWS A. By-Laws 1. Any Bylaws adopted by the Planning Board are void and no further bylaws shall be adopted. Procedure shall be governed solely by this policy document and the General Advisory Board Policy Document. 2. Should the Planning Board determine modifications to policies and procedures are necessary the Planning Board may petition the Board of County Commissioners for such modifications.