HomeMy WebLinkAboutORC agenda 071013ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE – LOWER LEVEL CONFERENCE ROOM (ROOM #004)
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, July 10, 2013
Ordinance Review Committee Meeting – 6:30 pm
Note: This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members
who would like to review and comment on the proposed amendments before the items are placed
on the next Quarterly Public Hearing agenda. Attendance is not mandatory and a quorum is not
necessary for meetings of the ORC.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 2-22 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –
GOVERNMENTAL USES
To review and comment upon proposed revisions to the UDO to
require that the site plan review process for governmental uses
include a neighborhood information meeting.
Presenter: Michael Harvey, Current Planning Supervisor
3. ADJOURNMENT
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ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: July 10, 2013
Action Agenda
Item No. 2
SUBJECT: Review of Proposed UDO Text Amendment – Neighborhood Information
Meeting for Governmental Uses
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified
Development Ordinance Amendment
Outline Form (Zoning 2013-03)
2. Proposed Text Amendments
Michael D. Harvey, Planner III (919) 245-2597
Craig Benedict, Director (919) 245-2575
PURPOSE: To review and comment upon Planning Director initiated UDO text amendment
concerning the holding of a neighborhood information meeting prior to the review of a site plan
application proposing a governmental use.
Attachment 1 contains the approved Comprehensive Plan and Unified Development Ordinance
Amendment Outline Form (Zoning 2013-03) approved by the BOCC on June 18, 2013.
Attachment 2 contains the proposed text amendment language.
BACKGROUND: The anticipated development of a fire department substation off of Neville Road has
caused concern amongst local residents over a lack of notification or participation in the process to
develop the aforementioned facility. Such uses are a permitted use of property (i.e. staff review and
action) falling into the ‘Governmental Uses’ land use category as detailed within Section 5.2 of the UDO.
Neither the County nor the applicant is required to notify adjacent property owners of the project as it is
considered to be a permitted use (i.e. permitted by right).
In both internal discussion, and review with several BOCC members, it has been decided to promote
additional public involvement with the development of ‘governmental uses’. As a result staff is
proposing a UDO text amendment to require a neighborhood information meeting be held for
‘governmental uses’ to allow the general public to be made aware of the project and offer comment.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION: The Planning Staff recommends the Ordinance Review Committee review
and comment upon the proposed amendments to the UDO.
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1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2013-03
Amendment(s) requiring a neighborhood information meeting prior to the issuance of
a permit allowing for the development of a governmental land use
A. AMENDMENT TYPE
Map Amendments
Land Use Element Map:
From:
To:
From:
To:
Other:
Text Amendments
Comprehensive Plan Text:
Section(s):
UDO Text:
UDO General Text Changes
UDO Development Standards
UDO Development Approval Processes
Section(s): 1. Create a new Section 2.24 entitled Governmental Uses
establishing new procedural requirement(s) for the land use
category.
2. Renumber Existing Section(s) 2.24 and 2.25.
3. Update existing references throughout the UDO.
.
Other:
B. RATIONALE
1. Purpose/Mission
Attachment 1 3
2
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated a text amendment to require that a neighborhood information meeting be
held prior to any action authorizing the development of a governmental land use
within the County’s planning jurisdiction.
The anticipated development of a fire department substation off of Neville Road has
caused local residents to voice concern over a lack of notification or participation in the
process to develop the aforementioned facility.
A volunteer fire department falls within the Governmental Use land use category, as
detailed within Section 5.2 Table of Permitted Uses of the UDO, and is considered to be
a permitted use of property. Permitted uses are handled administratively (i.e. staff
review) with no public outreach required by the UDO.
In order to address a concern over a lack of public involvement with ‘governmental uses’
the Planning Director proposes to modify the UDO to require a neighborhood information
meeting to allow the general public to be made aware of such applications and offer
comment.
2. Analysis
As required under Section 2.8.5 of the Orange County Unified Development
Ordinance, the Planning Director is required to: ‘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’.
The proposed amendment is designed to address a concern over a lack of notification
and involvement of the general public with respect to the development of governmental
uses throughout the County’s planning jurisdiction.
If approved, the amendment will require a neighborhood information meeting prior to
formal submittal of a site plan to the Planning Department in the hopes the applicant can
address any local property owner concerns.
It should be noted this amendment, if approved, will likely extend the development review
period for such projects by several weeks.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Objective LU-6-1: Undertake a comprehensive effort to inform and involve the
citizens of Orange County in the land use planning process.
4. New Statutes and Rules
N/A
C. PROCESS
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1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
June 18, 2013 – BOCC members approved the UDO Amendment Outline form
authorizing staff to commence development of the amendment package.
b. Quarterly Public Hearing
September 9, 2013
c. BOCC Updates/Checkpoints
June 18, 2013 – BOCC members approved the legal advertisement for the
September 9, 2013 Quarterly Public Hearing.
July 10, 2013 – Planning Board Ordinance Review Committee (ORC)
September 9, 2013 – Quarterly Public Hearing with this item on the agenda.
November 19, 2013 - Receive Planning Board recommendation.
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
July 10, 2013 – Ordinance Review Committee (ORC).
October 2, 2013 – Recommendation
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal advertisement will be published in accordance with the provisions of the
UDO.
e. Outreach:
General Public:
Small Area Plan Workgroup:
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3. FISCAL IMPACT
Coordination and attendance at the neighborhood information meeting by staff shall
be handled within existing budgetary outlays. The cost associated with the
notification of the information meeting shall be borne by the applicant.
Additional budgetary outlays to cover the costs of a mailing and sign posting will be
required by any County department proposing the development of a governmental
land use.
D. AMENDMENT IMPLICATIONS
If approved, the development of a governmental use will require that a neighborhood
information meeting be held prior to the formal submission of a site plan.
As previously indicated this will likely extend the site plan review process by several
weeks.
E. SPECIFIC AMENDMENT LANGUAGE
Draft language for ORC comment in contained in Attachment 2.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey@orangecountync.gov
Other: Letter sent to various County agencies (i.e. DEAPR, Asset
Management, Solid Waste, etc.) and other local entities (i.e. local
volunteer fire departments and rescue squads) potentially impacted
by the proposal outlining the amendment and soliciting comments for
inclusion within the QPH package.
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UDO AMENDMENT PACKET NOTES:
The following packet details staff’s proposed modifications to existing regulations establishing a
requirement for a neighborhood information meeting prior to the submittal of a site plan
proposing the development of a governmental land use. The amendment package also proposes
the re-numbering of 2 existing sections, to accommodate the new standards, and updates existing
references throughout the 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 Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Strikethrough Text: Denotes existing text that staff is proposing to delete
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
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 (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://orangecountync.gov/planning/Ordinances.asp
ATTACHMENT 2
7
Article 2: Procedures
Section 2.22: Home Occupations
Orange County, North Carolina – Unified Development Ordinance Page 2-63
(3) Structural stormwater measures that are designed, constructed and maintained
in accordance with the NC DWQ Stormwater BMP Design Manual, approved
accounting tool, and requirements listed in Section 6.14 will be presumed to meet
the required performance standards of Section 6.14. Submittals containing
measures not designed to these specifications, may be approved on a case by
case basis provided the applicant provides adequate data and information
showing how the deviations meet the requirements of Section 6.14.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any Stormwater Management Plan
which is in conformance with the performance standards specified in the NC DWQ
Stormwater BMP Design Manual, and other requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any permits for development on
any land that is defined as new development under Section 6.14 of this Ordinance
unless and until a Stormwater Management Plan in compliance with the requirements of
this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction Structural Stormwater Measures
When a permanent nutrient export reduction structural stormwater measure is required
for new development to meet the requirements of this Ordinance, a North Carolina
registered professional engineer shall prepare the plan with the Engineer’s Certification of
Stormwater Management affixed, signed, sealed and dated.
SECTION 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application shall include a plot plan that adheres to the requirements of Sections 2.4.3
and 5.5.3.
2.22.2 Conditions of Approval
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
2.22.3 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a permit letter informing him/her of the approval and of the
requirements of the Ordinance that apply to the home occupation.
8
Article 2: Procedures
Section 2.23: Day Care Center in a Residence
Orange County, North Carolina – Unified Development Ordinance Page 2-64
(B) The permit letter must be signed by the applicant to indicate his/her willingness to
operate the home occupation in conformance with the requirements and conditions set
forth in the permit letter.
(C) Each permit letter shall be kept on file by the Planning Director and shall constitute the
Home Occupation Permit for the particular use in question.
(D) The home occupation may be operated by the applicant as long as it is operated in
conformance with the requirements and conditions set forth in the permit letter.
2.22.4 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.22.5 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 2.25 2.27.1
SECTION 2.23: DAY CARE CENTER IN A RESIDENCE
2.23.1 Application Requirements
(A) An application for a day care center in a residence for 3 to 12 children shall be filed with
the Planning Director on forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application shall include a plot plan that adheres to the requirements of Sections 2.4.3
and 5.8.1.
2.23.2 Application Review
Upon a determination that the application is complete, the Planning Director shall cause a review
of the application to be made. The review shall determine if the proposed day care center in a
residence for 3 to 12 children conforms with all requirements of this Ordinance. Based on the
review, the application will be approved, approved with conditions, or denied.
2.23.3 Conditions of Approval
(A) If conditions are attached to the approval, they may address deficiencies in meeting
specific chapter requirements or they may address specific impacts which result from the
operation of the day care center in a residence for 3 to 12 children.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Location of play area;
(3) Number of vehicles to be parked on the premises;
(4) The location of a storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the day care center in a residence for 3 to 12 children
from adjoining properties.
1 Staff is update references based on the proposed amendment throughout the document.
9
Article 2: Procedures
Section 2.24: governmental uses
Orange County, North Carolina – Unified Development Ordinance Page 2-65
2.23.4 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a letter informing him or her of the approval and of the requirements of
this Ordinance that apply to the day care center in a residence for 3 to 12 children
(B) The letter must be signed by the applicant to indicate his or her willingness to operate the
day care center in a residence for 3 to 12 children in conformance with the requirements
and conditions set forth in the letter.
(C) Each letter shall be kept on file by the Planning Director and shall constitute the approval
for the day care center in a residence for 3 to 12 children in question.
2.23.5 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
2.23.6 Annual Review
Each day care center in a residence for 3 to 12 children approved by the Planning Director shall
be reviewed annually by the Planning Director to assure compliance with the standards of
evaluation for such facilities.
2.23.7 Minor Changes to Approval
The Planning Director is authorized to approve minor changes in the approved day care center in
a residence for 3 to 12 children, provided that the changes are in harmony with the action of the
original approval and provided that any change in the operation complies with the standards of
evaluation as specified in Section 5.8.1.
2.23.8 Changes in Operation
Any change in the operation of the day care center in a residence for 3 to 12 children that does
not comply with the standards for evaluation as specified in Section 5.8.1 shall constitute a
modification and shall require the approval of a Class B Special Use Permit by the Board of
Adjustment under the provisions of Section 2.7 of this Ordinance.
2.23.9 Appeals
The applicant may appeal the decision of the Planning Director to the Board of Adjustment as set
forth in Section 2.25 2.27.
SECTION 2.24: GOVERNMENTAL USES2
2.24.1 Applicability
The following applies to those land uses permitted within the Governmental Uses land use
category as detailed within Section 5.2.1.3
2 This section will require a neighborhood information meeting for all land uses permitted within the ‘Governmental
Uses’ land use category prior to the formal submittal of a site plan application to the Planning Department if the
project has not been formerly subject to public comment.
3 This section was added at the suggestion of the County Attorney’s office to clarify which ‘governmental uses’ the
meeting requirements would apply to. There was a concern utility development, detailed within Section 5.1.2, could
have somehow been interpreted as having to abide by these standards as well.
10
Article 2: Procedures
Section 2.25: Review of Environmental Documents
Orange County, North Carolina – Unified Development Ordinance Page 2-66
2.24.2 Neighborhood Information Meeting
(A) If a proposed project has not been a part of a previous planning effort that included the
opportunity for public comment and input, a neighborhood information meeting shall be
held prior to the submittal of a site plan application. The purpose of this meeting is to
obtain surrounding property owner input and comments on the proposed development.
(1) Examples of planning efforts that generally include the opportunity for public
input are: park master plans, small area plans, solid waste management master
plans, library master plans, etc.4
(B) The Planning Department shall assist the applicant with the scheduling of the
neighborhood information meeting.5
(C) The applicant shall obtain property owner mailing address information from the Planning
Department, who shall utilize Orange County Land Records data, and shall mail certified
notices of the meeting date, place, and time to each property owner within 500 feet of the
subject property.
(D) The notices shall be mailed a minimum of 14 days prior to the date of the meeting. 6
(E) The applicant shall post a sign on the property advertising the date, place, and time of the
meeting a minimum of 10 days prior to the date of the meeting.
(F) The applicant is required to submit copies of the certified mail receipts denoting the date
of the mailing as well as a synopsis of comments from the meeting as part of the site plan
application. The applicant shall also provide a written response on what steps, if any,
were taken to address said comments.
(G) A neighborhood information meeting shall not be required in cases where an applicant is
proposing to expand facilities less than 25% of existing floor area.
Section 2.24:SECTION 2.25: REVIEW OF ENVIRONMENTAL DOCUMENTS7
2.24.12.25.1 Environmental Assessment
(A) Generally
An Environmental Assessment (“EA” in this section) may be submitted prior to submittal
of the development application to determine if an Environmental Impact Statement (“EIS”
in this section) may be required, provided that:
(1) All information necessary to perform the Assessment is provided, and
(2) The project application, when submitted, is consistent with the project described
in the Assessment.
(B) Review Process
(1) The Planning Department shall review the EA for completeness within 5 calendar
days of the date of submittal.
(2) If the EA is found to be incomplete, it shall be returned to the applicant with
notification of its deficiencies.
4 Many County Departments such as DEAPR, Solid Waste, Asset Management, and the Library already do public
outreach meetings for their projects. Staff believes it is unnecessary to duplicate these outreach efforts as part of the
site plan submittal process.
5 Planning staff assists all applicants who are required to hold neighborhood information meetings. This includes
those applicants proposing a Major Subdivision, Conditional Use, and Conditional Zoning projects. 6 This is consistent with existing requirements for other neighborhood information meetings required by the UDO.
7 Section is being renumbered and references are being updated throughout the UDO.
11
Article 2: Procedures
Section 2.25: Review of Environmental Documents
Orange County, North Carolina – Unified Development Ordinance Page 2-67
(3) Upon acceptance of a complete EA, the applicant shall submit 10 copies to the
Planning Department. Additional copies may be required if needed. The EA will
be distributed by the Planning Department to other appropriate departments and
agencies for review and comment.
(4) Final Action on the EA shall occur within 14 days from the date of acceptance, or
such longer time as agreed to in writing by the applicant.
(5) If the EA reveals no “significant environmental impacts", as that term is defined in
this Ordinance, the Planning Department shall issue a Finding of No Significant
Impact (FONSI).
(6) If significant impacts are identified, the Planning Department shall issue a Finding
of Significant Impact and shall require that an Environmental Impact Statement
be prepared. The decision of the Planning Department shall be reviewed by the
County Manager upon request of the applicant or Planning Department.
(7) The applicant shall be notified if the Planning Department learns of any additional
state or local permits which may be required to conduct the proposed activity.
(8) Agencies the Planning Department has knowledge of potentially requiring
additional permits shall be notified of the proposed activity by the Planning
Department and shall have an opportunity to provide comments.
2.24.22.25.2 Environmental Impact Statements
(A) Review Process
(1) The Planning Department shall review the EIS for completeness within 5 working
days of submittal.
(2) If the EIS is found to be incomplete, it shall be returned to the applicant with
notification of its deficiencies.
(3) Upon acceptance of a complete EIS, the applicant shall submit 10 copies to the
Planning Department. Additional copies may be required if needed. The EIS will
be distributed by the Planning Department to other appropriate departments and
agencies for review and comment.
(4) A notice shall be placed by the Planning Department in a newspaper of general
circulation, stating that the EIS will be available for public review at the Planning
Department for a period of at least 15 days.
(5) If the proposed activity requires a Mining Permit from the State of North Carolina,
or involves the storage of hazardous materials, the EIS shall also be sent to the
State Clearinghouse for distribution and review pursuant to Title I, Chapter 25,
Section .0200 of the North Carolina Administrative Code.
(6) If an EIS prepared for a State or Federal agency has completed the Federal or
State Environmental Review process, including publication in the "Environmental
Bulletin" then the EIS and any required addendum thereto shall be advertised as
available for public review at the Planning Department, but need not be re-
circulated through the State Clearinghouse.
(7) Upon Completion of the advertised 15-day review period, and upon receipt of
comments from the State Clearinghouse when applicable, all comments will be
compiled and summarized by Planning Staff.
(B) Public Hearing Required
(1) The EIS, along with all comments received during the review period, shall be
presented for public hearing concurrently with the development project.
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Article 2: Procedures
Section 2.26: Appeals
Orange County, North Carolina – Unified Development Ordinance Page 2-68
(2) If a public hearing before the Board of County Commissioners is not required for
approval of the development project, then a special hearing shall be scheduled.
The hearing shall take place no later than 30 days after the close of the public
review period or receipt of comments from the State Clearinghouse, whichever is
later.
(C) Notice of Public Hearing
(1) Notice of the public hearing to review the EIS and receive public comment shall
be published at least twice in a newspaper of general circulation in the county,
stating the time and place of the hearing.
(2) Said notice shall appear in said newspaper for two successive weeks with the
first notice appearing not less than ten 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.
(D) Board of County Commissioners Action
(1) The Board of County Commissioners shall receive the EIS and all comments as
information only. The information presented may be used only to determine
compliance with specific development standards established in this Ordinance.
(2) No action shall be taken on the development project until after the EIS has been
presented to the Board of County Commissioners.
(E) Effect on Other Permits and Actions
Construction or installation of any major development project shall not commence until
subsequent to the filing of a Finding of No Significant Impact or acceptance of the Final
EIS by the Board of County Commissioners.
Section 2.25:SECTION 2.26: APPEALS8
2.25.12.26.1 Generally
Appeal applications shall be filed in accordance with Section 2.2 within 30 days of the decision
being appealed on forms provided by the Planning Department, if applicable.
2.25.22.26.2 Planning Director Decisions
(A) Site Plans or Other Decision Pertaining to this Ordinance
Any decision of the Planning Director regarding a site plan application or other decision
pertaining to this Ordinance not listed in (B) through (D) below may be appealed to the
Board of Adjustment according to the provisions set forth in Section 2.12 of this
Ordinance.
(1) An appeal to the Board of Adjustment from a decision or determination of the
Planning Director stays all proceedings in furtherance of the decision or
determination appealed from, except:
(a) Situations that, in the opinion of the Planning Director, a stay would
cause imminent peril to life and/or property.
(b) That the situation appealed from is transitory in nature and, therefore, an
appeal would seriously interfere with enforcement of the Ordinance.
In either instance in (a) and (b) above, the Planning Director shall place in
certificate the facts to support the conclusion.
(B) Exempt Subdivisions
8 Section renumbered and references are being updated throughout the UDO.
13
Article 2: Procedures
Section 2.26: Appeals
Orange County, North Carolina – Unified Development Ordinance Page 2-69
(1) The decision of the Planning Director regarding an exempt subdivision
application may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board’s decision.
(C) Minor Subdivisions
(1) The decision of the Planning Director regarding a minor subdivision application
may be appealed to the Board of County Commissioners.
(2) The Board of County Commissioners shall have final approval authority, and,
where applicable, all Final Plats shall contain information and/or conditions
approved by the Commissioners.
(3) The Board of County Commissioners in all such appeals shall make findings of
fact in support of its decision. The subdivider shall be notified, in writing, of the
Board’s decision.
(D) Major Subdivisions – Final Plat
(1) The decision of the Planning Director regarding a Major Subdivision Final Plat
application may be appealed to the Board of Commissioners.
(2) The Board of Commissioners shall have final approval authority, and where
applicable, all Final Plats shall contain information and/or conditions approved by
the Board of Commissioners.
(3) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision.
(4) The applicant shall be notified, in writing, of the Board of Commissioners'
decision.
2.25.32.26.3 Planning Board Decisions
(A) Major Subdivisions – Concept Plan
(1) The decision of the Planning Board regarding Concept Plan Development
Options may be appealed to the Board of Commissioners.
(2) Any notice of appeal shall be filed, in writing, with the Planning Director within 15
days after the date of the Planning Board’s decision.
(3) If the appeal involves a plan/map approval, 16 copies of the plan/map shall be
submitted along with the written appeal.
(4) The Board of Commissioners shall have final approval authority, and, where
applicable, all Concept Plan Development Options shall contain information
and/or conditions approved by the Board of Commissioners.
(5) The Board of Commissioners in all such appeals shall make findings of fact in
support of its decision. The applicant shall be notified, in writing, of the Board of
Commissioners' decision within ten days after said decision is made.
2.25.42.26.4 Board of Adjustment Decisions
(A) Every decision of the Board shall be subject to review at the request of any aggrieved
party by the Superior Court by proceedings in the nature of certiorari. The appeal to
Superior Court must be filed within 30 days of the availability of the notice of decision
(2.12.5(A)).
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Article 2: Procedures
Section 2.26: Appeals
Orange County, North Carolina – Unified Development Ordinance Page 2-70
2.25.52.26.5 Board of County Commissioners Decisions
(A) Quasi-Judicial Decisions
(1) Quasi-judicial decisions made by the Board of County Commissioners pursuant
to the Ordinance shall be subject to review at the request of any aggrieved party
by the Superior Court by proceedings in the nature of certiorari.
(2) The appeal to the Superior Court must be filed within 30 days of the filing of the
decision of the Board of County Commissioners by the Planning Director or the
delivery of the notice of the decision to the applicant, whichever is later.
(B) Legislative Decisions
(1) Legislative decisions made by the Board of County Commissioners pursuant to
the Ordinance shall be subject to review at the request of any aggrieved party by
the Superior Court.
(2) The appeal to the Superior Court must be filed from the date of adoption of said
Ordinance within the prescribed period below:
(a) 60 days in cases involving the appeal of an Ordinance amending the
Zoning Atlas,
(b) 1 year (365 days) in cases involving the appeal of an Ordinance
amendment the UDO,
(c) 3 years (1,035 days) in cases involving an appeal based on an alleged
defect in the adoption process of an Ordinance amending the UDO.
2.25.62.26.6 Water Supply Watershed Critical Area Boundary Line
Appeal applications disputing the Planning Director’s decision regarding the location of a Water
Supply Watershed Critical Area boundary line shall be accompanied by:
(A) A survey prepared by a North Carolina registered land surveyor or professional engineer
depicting the differences between:
(1) The locational criteria in Section 4.2,
(2) The official Watershed map on file in the Planning Department, and
(3) The boundary line the applicant asserts is correct.
(B) A detailed explanation describing the differences in the three boundary lines contained in
(A) above.
2.25.72.26.7 Special Flood Hazard Overlay District
(A) Any property owner who has received an order to take corrective action in accordance
with Section 9.7 may appeal the order to the local elected governing body by giving
notice of appeal in writing to the Floodplain Administrator and the clerk within ten
business days following issuance of the final order.
(B) The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
2.25.82.26.8 Soil Erosion and Sedimentation Control
(A) Appeal of Erosion Control Plan
Except as provided in subsection (D) below, the appeal of a disapproval, approval with
modifications, or approval with conditions of an Erosion Control Plan shall be governed
by the following provisions:
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Section 2.26: Appeals
Orange County, North Carolina – Unified Development Ordinance Page 2-71
(1) The disapproval of, modification of, or conditions of approval attached to any
proposed Erosion Control Plan by the Erosion Control Officer shall entitle the
person submitting the plan to an appeal of the decision to the Orange County
Planning Director.
(2) If the Planning Director upholds the decision, the person shall be entitled to a
public hearing if such person submits written demand for a hearing within 15
days after receipt of written notice of disapproval, modification, or conditions of
approval.
(B) Hearings
(1) Orange County
(a) This sub-subsection pertains to appeals for land-disturbing activities
occurring outside the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by the
Orange County Planning Board within 30 days after receipt of written
demand, as provided for in (A)(2) above.
(c) The Orange County Planning Board shall make recommendations to the
Board of County Commissioners within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The Board of County Commissioners will render its final decision on any
Erosion Control Plan appeal within 30 days of receipt of the Planning
Board recommendation.
(2) Other than Orange County
(a) This sub-subsection pertains to appeals for land-disturbing activities
occurring within the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by a
designated agency of the appropriate town or city board within 30 days
after receipt of written demand, as provided for in (A)(2) above.
(c) The said designated agency shall make recommendations to the
appropriate town or city board within 30 days after the date of the
hearing on such Erosion Control Plan.
(d) The said appropriate town or city board will render its final decision on
any Erosion Control Plan appeal within 30 days of the receipt of the
recommendations from the said designated agency conducting the
hearing.
(C) Appeal from Local Government’s Decision
If the local governing body upholds the disapproval, modification, or conditions of
approval of a proposed Erosion Control Plan following the public hearing, the applicant
shall be entitled to appeal the local government's action to the North Carolina
Sedimentation Control Commission as provided in Section 113A-61(c) of the General
Statutes and Title 15A NCAC 4B.0118.
(D) Appeal of Erosion Control Plan if Disapproval Based on Applicant’s Past
Performance
The applicant may appeal disapprovals issued under the provisions of Section 2.19.11 of
this Ordinance directly to the North Carolina Sedimentation Control Commission.
(E) Appeal of Land-Disturbing Stop Work Order
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Article 2: Procedures
Section 2.26: Appeals
Orange County, North Carolina – Unified Development Ordinance Page 2-72
(1) The person conducting the land-disturbing activity may appeal a stop work order
to the Board of County Commissioners within a period of five days after the order
is issued.
(2) Notice of the appeal shall be given in writing to the Board of County
Commissioners, with a copy to the Erosion Control Officer.
(3) The Board of County Commissioners shall conduct a hearing at their next
scheduled regular meeting at which the appellant and the Erosion Control Officer
or Inspector shall be permitted to submit relevant evidence, and shall rule on the
appeal as expeditiously as possible.
(4) Pending the ruling by the Board of County Commissioners on an appeal, no
further work shall take place in violation of a stop work order.
2.25.92.26.9 Stormwater Management Plan
(A) Appeals of the Erosion Control Officer’s decision on a Stormwater Management Plan
shall be made to the Orange County Planning Director.
(B) If the Planning Director upholds the decision, the applicant shall be entitled to a public
hearing if the applicant submits written demand for a hearing within 15 days after receipt
of written notice of disapproval, modification, or conditions of approval.
(C) The hearing shall be conducted by the Orange County Planning Board within 30 days
after receipt of written demand for a hearing.
(D) The Orange County Planning Board shall make recommendations to the Board of County
Commissioners within 30 days after the date of the hearing.
(E) The Board of County Commissioners shall render its final decision on any stormwater
management plan upon which a hearing is requested within 30 days of receipt of the
recommendations from the Planning Board.
2.25.102.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Provisions
(A) The person conducting the development activity may appeal a stop work order to the
Board of County Commissioners within a period of five days after the order is issued.
(B) Notice of the appeal shall be given in writing to the Board of County Commissioners, with
a copy to the Erosion Control Officer.
(C) The Board of County Commissioners shall conduct a hearing at their next scheduled
regular meeting at which the appellant and the Erosion Control Officer or Inspector shall
be permitted to submit relevant evidence, and shall rule on the appeal as expeditiously as
possible.
(D) Pending the ruling by the Board of County Commissioners on an appeal, no further work
shall take place in violation of a stop work order.
2.25.112.26.11 Appeals from Final Decisions Regarding Soil Erosion and Sedimentation Control
Civil Penalties
(A) Appeal from Board of County Commissioners or Other Governing Body Decisions
Appeal from the final decision of the governing body regarding civil penalties assessed
for violations of the soil erosion and sedimentation control provisions of this Ordinance
shall be to the Superior Court of the county where the violation occurred, or in the county
where the violator’s residence or principal place of business is located.
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Article 9: Enforcement
Section 9.5: Enforcement Procedure
Orange County, North Carolina – Unified Development Ordinance Page 9-3
(b) State the actions necessary to correct the violation,
(c) Specify a reasonable time period in which the violation must be
corrected,
(d) State the remedies and penalties authorized herein that the Planning
Director may pursue if the violation is not corrected within the specified
time limit,
(e) Invite the alleged violator to meet with the Planning Director to discuss
the violation and how it may be corrected, and
(f) Contain a statement indicating that the decision referenced within the
notice can be appealed to the Orange County Board of Adjustment as
detailed within this Ordinance. This statement shall include language
indicating that the appeal must be filled within 30 days from the date of
the initial notice and shall provide the deadline for the submittal of the
appeal application.
9.5.4 Appeals
(A) Any person aggrieved by the Planning Director’s determination of a violation or a
correction order may appeal that determination or order to the Board of Adjustment in
accord with the provisions of Section 2.25 2.27 of this Ordinance, including payment of
the appropriate fee.
(B) Except as provided in Section 2.252.27, an appeal generally stays all further actions to
enforce a notice of violation, correction order, or Stop Work Order, until the Board of
Adjustment has made a decision concerning the appeal.
(C) Civil Penalty Citations subsequent to the initial notice of violation may not be appealed to
the Board of Adjustment.
(D) As detailed within Sections 2.12 and 2.252.27, the Board of Adjustment shall hear the
appeal and may affirm, modify, or revoke the Planning Director’s determination of a
violation.
(E) If there is no appeal, the Planning Director’s determination of the nature and degree of
the violation are final.
9.5.5 Timeline for Abatement
The time allotted to abate an identified violation shall be at the sole discretion of the Planning
Director and shall be based upon what is deemed a reasonable amount of time to abate the
identified violation. The following standards shall apply”
(A) Within 30 days of receipt of an initial notice of violation, correction order, or Stop Work
Order, the owner of the property on which the violation occurs may submit to the
Planning Director a written request for extension of the specified time limit for correction
of the violation.
(B) The Planning Director shall assist individuals in the preparation of the written request for
extension in cases where an individual(s) is/are unable to prepare a written request.
(C) The Planning Director shall determine whether the time limit should be extended based
on the information contained in the written request for extension. The Planning Director
may extend the time limit as reasonably necessary to allow timely correction of the
violation.
(D) In cases where an appeal of the notice of violation has been properly filed with the Board
of Adjustment, as provided in Section 9.5.4, the 30 day period shall commence upon
receipt of the notice of the Board of Adjustment decision concerning the violation or
correction order.
(E) Following the time limit for correction of the violation, including any stay or extension
thereof, the Planning Director shall determine whether the violation has been corrected.
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Article 9: Enforcement
Section 9.6: Penalties, Remedies, and Enforcement Powers
Orange County, North Carolina – Unified Development Ordinance Page 9-6
this Ordinance for failure to comply with the provisions of this Ordinance or the terms and
conditions of a permit or authorization granted under this Ordinance.
(B) Any permit, certificate, or authorization mistakenly issued in violation of State law or local
ordinance, or issued on the basis of misrepresentations by the applicant, owner, or
owner’s agent may be revoked without such written determination.
9.6.3 Permit Denial or Conditioning
(A) As long as a violation of this Ordinance remains uncorrected, the Planning Director may
deny or withhold approval of any permit, certificate, or other authorization provided for in
this Ordinance that is sought for the property on which the violation occurs.
(B) The Planning Director may also condition a permit, certificate, or authorization on the
correction of the violation and/or payment of a civil penalty, and/or posting of a
compliance security.
9.6.4 Injunctive and Abatement Relief in Superior Court
(A) A violation may be corrected by any appropriate equitable remedy, a mandatory or
prohibitory injunction, or an order of abatement as authorized by NCGS 153A-123.
(B) The Planning Director shall have the authority to execute an order of abatement if the
violator does not comply with such order, and the costs of the execution shall be
recovered by a lien on the property in the nature of a mechanic’s or materialman’s lien.
9.6.5 Criminal Penalties
(A) Any person, firm or corporation who violates the provisions of this Ordinance or fails to
comply with any of its requirements shall, upon conviction, be guilty of a Class 3
misdemeanor and shall be fined not more than a maximum of $500.00, imprisonment of
up to 30 days, or both, for each violation, as provided in NCGS Section 14-4.
(B) The Planning Director may refer a violation to the District Attorney for institution of
criminal prosecution of the alleged violator.
9.6.6 Stop Work Order
(A) If a building or structure is erected, constructed, reconstructed, altered, repaired,
converted, moved or maintained, or any building, structure or land is used in violation of a
Stop Work Order, the Planning Director, in addition to other remedies, may institute any
appropriate action or proceedings to prevent the unlawful erection, construction,
reconstruction, alteration, repair, conversion, moving, maintenance or use, to restrain,
correct or abate the violation, to prevent occupancy of the building, structure or lands, or
to prevent any illegal act, conduct, business or use in or about the premises.
(B) Notice of a Stop Work Order shall be in writing, directed to the person(s) conducting the
violating activity and/or the property owner, and shall state the reasons for the issuance
of the Order, and the conditions under which activity may be resumed. Notice shall be
given by registered or certified mail, return receipt requested. A copy of the notice shall
also be sent by regular mail. Service shall be deemed sufficient if the notice by certified
mail is unclaimed or refused, but the notice by regular mail is not returned by the post
office within ten days after mailing. Upon issuance of such Order, and posting of same
on the site of the violation, all work on the site of the violation shall cease, except those
activities necessary to bring the site into compliance with this Ordinance.
(C) The person(s) conducting the violating activity and/or the property owner may appeal the
Stop Work Order to the Board of Adjustment pursuant to Section 2.242.27 of this
Ordinance.
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Article 9: Enforcement
Section 9.7: Additional Procedures – Special Flood Hazard Area Overlay District
Orange County, North Carolina – Unified Development Ordinance Page 9-8
SECTION 9.7: ADDITIONAL PROCEDURES – SPECIAL FLOOD HAZARD AREA
OVERLAY DISTRICT
9.7.1 Actions in Event of Violation
(A) Identified violations of the Special Flood Hazard Area Overlay District shall be sent a
Notice of Violation. The Notice shall detail the nature of the violation and schedule a
hearing with the Floodplain Administrator to review the situation.
(B) This hearing shall be held before the Floodplain Administrator at a designated place and
time, not later than ten business days after the date of the Notice, at which time the
owner shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter.
(C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate,
or demolish the structure; or to remove fill as appears appropriate.
9.7.2 Order to Take Corrective Action
(A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall find that the structure or development is in violation of this Ordinance,
he or she shall make an order in writing to the owner, requiring the owner to remedy the
violation within a specified time period, not less than 60 days.
(B) Where the Floodplain Administrator finds that there is imminent danger to life or other
property, he or she may order that corrective action be taken in such lesser period as
may be feasible.
(C) In the absence of an appeal (see Section 2.24.7 2.27.7), the order of the Floodplain
Administrator shall be final.
9.7.3 Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take corrective action from
which no appeal has been filed, or fails to comply with an order of the governing body following
an appeal, he or she shall be guilty of a Class 3 misdemeanor and shall be punished in the
discretion of the court.
SECTION 9.8: SOIL EROSION AND SEDIMENTATION CONTROL
9.8.1 Inspections and Investigations
(A) Site Inspections
Agents, officials, or other qualified persons authorized by the County will periodically
inspect land-disturbing activities to ensure:
(1) Compliance with the North Carolina Sedimentation Pollution Control Act of 1973
(“Act” in this Section), this Ordinance, or rules or orders adopted or issued
pursuant to this Ordinance;
(2) The measures required in the plan are effective in controlling erosion and
sediment resulting from land-disturbing activity.
Notice of the right to inspect shall be included in the letter of approval of each Erosion
Control Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
(1) No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or
attempting to inspect a land-disturbing activity under this section.
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Section 9.8: Soil Erosion and Sedimentation Control
Orange County, North Carolina – Unified Development Ordinance Page 9-12
punishable by imprisonment not to exceed 90 days or by a fine not to exceed $5,000, or
by both, at the discretion of the court.
9.8.3 Injunctive Relief
(A) Civil Action in Superior Court
(1) Whenever the governing body of the Town or County has reasonable cause to
believe that any person is violating or threatening to violate the soil erosion and
sedimentation control provisions of this Ordinance or any rule or order adopted or
issued pursuant to these regulations, or any term, condition, or provision of an
approved Erosion Control Plan, it may, either before or after the institution of any
other action or proceeding authorized by this Ordinance, institute a civil action in
the name of the town or county for injunctive relief to restrain the violation or
threatened violation.
(2) The action shall be brought in the Superior Court of Orange County.
(B) Order to Cease Violation
(1) Upon determination by a court that an alleged violation is occurring or is
threatened, the court shall enter any order or judgment that is necessary to abate
the violation, to ensure that restoration is performed, or to prevent the threatened
violation.
(2) The institution of an action for injunctive relief under this section shall not relieve
any party to the proceedings from any civil or criminal penalty prescribed for
violations of the soil erosion and sedimentation control provisions of this
Ordinance.
9.8.4 Restoration of Areas Affected by Failure to Comply
(A) The County may require a person who is engaged in a land-disturbing activity and failed
to retain sediment generated by the activity, as required by N.C.G.S. 113A-57(3), to
restore the waters and land affected by the failure so as to minimize the detrimental
effects of the resulting pollution by sedimentation.
(B) This authority is in addition to any other civil or criminal penalty or injunctive relief
authorized under this Ordinance.
9.8.5 Revocation of Land Disturbing Permit
(A) Whenever a person conducting a land-disturbing activity is not complying with the soil
erosion and sedimentation control provisions of this Ordinance, the Land Disturbing
Permit, the Approved Erosion Control Plan or any amendments to the Erosion Control
Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site.
(B) Notice of Revocation shall be sent by registered or certified mail to the person conducting
the land-disturbing activity. In the event delivery cannot be accomplished by registered or
certified mail, it may be accomplished in any manner provided in Rule 4 (j) of the North
Carolina Rules of Civil Procedure.
(C) Upon receipt of the Revocation Notice, the person responsible must immediately order all
land-disturbing activities to cease except those which are specifically directed towards
bringing the site into compliance with the soil erosion and sedimentation control
provisions of this Ordinance.
(D) Once the site has been inspected and remedial work approved by the Erosion Control
Officer, the responsible party may reapply for a Land Disturbing Permit and pay the
appropriate fee.
(E) Resumption of land disturbing activities other than those necessary to bring the site back
into compliance with the soil erosion and sedimentation control provisions of this
Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation
of the Ordinance.
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Article 9: Enforcement
Section 9.9: Stormwater Management
Orange County, North Carolina – Unified Development Ordinance Page 9-13
(F) The person conducting the land-disturbing activity may appeal the revocation of a Land
Disturbing Permit following procedures set out in Section 2.252.27 of this Ordinance.
SECTION 9.9: STORMWATER MANAGEMENT
9.9.1 Inspections and Investigations
(A) Site Inspections
(1) Agents, officials, or other qualified persons authorized by the County will
periodically inspect on-site BMPs and illegal discharges to ensure:
(a) Compliance with the North Carolina Sedimentation Pollution Control Act
of 1973 (“Act” in this Section), this Ordinance, or rules or orders adopted
or issued pursuant to this Ordinance;
(b) The measures required in the Stormwater Management plan being
constructed in accordance with the approved plan.
(c) The permanent BMPs are not in need of any maintenance including, but
not limited to, the following:
(i) Mowing of vegetation,
(ii) Vegetation re-establishment,
(iii) Tree removal (especially from wet detention ponds),
(iv) Stabilization of any eroding areas, and
(v) Structural (pipe, riser, dam, etc) repair.
(2) Notice of the right to inspect shall be included in the letter of approval of each
Stormwater Management Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
(1) No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or
attempting to inspect a required on-site BMP.
(2) The Erosion Control Officer shall have the power to conduct such investigations
as deemed reasonably necessary to carry out the duties as prescribed in this
Ordinance, and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigating and inspecting the sites of any
required on-site BMP.
(3) No person shall refuse entry or access to any authorized representative or agent
of the County who requests entry for purposes of inspection, and who presents
appropriate credentials, nor shall any person obstruct, hamper or interfere with
any such representative while in the process of carrying out their official duties.
(C) Notice of Violation
(1) If it is determined that a person responsible for construction or maintenance of
any permanent on-site BMP, or removal of any Illegal Discharge has failed to
comply with the Act, this Ordinance, or rules, or orders adopted or issued
pursuant to this Ordinance, a notice of violation shall be served upon that person.
(2) The notice may be served by any means authorized under N.C.G.S. 1A-1, rule 4.
(3) The notice shall specify a date by which the person must comply with the Act, or
this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform
the person of the actions that need to be taken to comply with the Act, this
Ordinance, or rules or orders adopted pursuant to this Ordinance.
(4) No time period for compliance need be given for encroaching on the riparian
buffer or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out their official duties.
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