HomeMy WebLinkAbout2003 Planning - draft Town of Hillsborough Courtesy Review AgreementCOURTESY REVIEW AGREEMENT
(Note: New /revised text shown underlined)
THIS AGREEMENT, made and entered into this day of , 200_, by
and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina,
the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the
laws of North Carolina.
WITNESSETH:
In consideration of the public benefits expected to flow from the cooperative efforts of the
parties in establishing a coordinated system of planning within their respective areas of public
concern, the parties to this Agreement hereby mutually agree as follows:
ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE
Section 1.1 Purpose of the Agreement
The purpose of this Agreement is to establish a method to foster coordinated
planning between Orange County and the Town of Hillsborough. Further, the
process is intended to provide a forum for discussion of development impacts and
exchange information and ideas. This agreement does not provide for joint
approval.
Section 1.2 Definitions
A. Courtesy Review Area. The area designated on the Courtesy Review Area Land
Use Map and attached hereto as Exhibit A. (As a cross - reference this is the area
also noted on the Water and Sewer Management, Planning and Boundary
Agreement map as the Town of Hillsborough's primary service area.) Within the
Courtesy Review Area, the Town of Hillsborough's Land Use Plan will apply to
land within its corporate limits and extraterritorial planning_ jurisdiction (ETJ).
Orange County's Land Use Plan will apply in the remainder of the Courtesy
Review Area.
B. Development proposal Development permit proposals that are to be reviewed
under this agreement must meet at least one or more of the following criteria:
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meeting. If such a meeting is scheduled the developer will provide five (_5) additional copies of
the development proposal application.
Section 2.2 Proposal Administration within the Courtesy Review Area
A. Whenever Hillsborough receives an application for a development proposal as
defined in this Agreement relating to land within the Courtesy Review Area, it
shall forward two 2 copies of the full application and associated materials to
Orange County planning staff for review within two (2) working days of a
completed application being submitted. Comments shall then be returned to the
Town of Hillsborough planning staff within five (5) working days for inclusion in
the Hillsborough planning board and/or town board agenda packet.
1. In the case of a voluntary annexation, the application is complete upon receipt
of petition for application.
2. In the case of an involuntary annexation, the Town of Hillsborough will notify
the Orange County planning department at the time that they the
effected property owners of the intent to annex.
3. The Town of Hillsborough will forward a copy of all staff reports regarding
the feasibility of the annexation, whether voluntary or involuntary, to the
Orange County Planning Department as part of the notification.
B. Whenever Orange County receives an application for a development permit as
defined in this Agreement relating to land within the Couresv Review Area, it
shall forward two (2) copies of the full application and associated materials to
Town of Hillsborough planning staff for review within two (2 ) working days of a
completed application being submitted. Comments shall then be returned to the
Orange County planning staff within five (5) working days for inclusion in the
Orange County planning board and/or county commissioner's agenda packet.
Section 2.3 Substance of Comments
A. The Town of Hillsborough may make comments on a development proposal
within the jurisdiction of Orange County covered under this Agreement on certain
matters of concern. These matters of concern shall include, but not be limited to:
1. Utility capacity and efficiency
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2. TransQortation issues (traffic and road capacity, access to mass transit, etc.)
B. Orange County may make comments on a development proposal within the
urisdiction of the Town of Hillsborough covered under this Agreement on certain
matters of concern. These matters of concern shall include, but not be limited to:
1. School capacity and planning
2. Emergency management services
3. Transportation issues (traffic and road capacity, access to mass transit, etc.)
4. Social services
5. Environmental resources
Section 2.4 Reservation of Utility Capacity for Review Purposes
1. An applicant within Orange County's jurisdiction desiringLHillsborou
water and sewer service shall inderendently retition the Town for
reservation of utility capacity following a Concept Plan approval by the
Planning Board.
2. The Hillsborough Town Board will decide within 2 month of receiving the
petition whether to formally reserve utility cgpacily for a project based on
a nreliminary concert nlan. Water use will be nroiected based on the
concept plan.
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3. The reservation of utilfty ca acity shall be valid for no more than 2
calendar years unless the reservation is extended through mutual
agreement of the Town Board and the applicant
4. Within the two -year period the applicant and Town have the opportunity
to negotiate a water and sewer extension contract in accordance with
adopted town policies and fee schedules If a contract is not adopted
within the reservation period the Town will cease reserving capacity or
the development.
Section 2.5 Enforcement Remedies.
Development proposal revocation, if necessary and authorized by ordinance, shall
be handled by the same individual or board authorized to issue the original
development approval.
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