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Home My WebLink About2003 Planning - Town of Hillsborough Courtesy Review Agreement. , '~~- ,a.)~Jao~ ~ 8% COURTESY REVIEW AGREEMENT THIS AGREEMENT, made and entered into this ~ day of 00~ 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 across-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: 1 1. Land use amendment involving five (5) acres, 2. Rezoning involving five (5) acres, 3. Special Use Permit involving five (5) acres, 4. Conditional Use Permits involving five (5) acres, 5. Annexations involving five (5) acres, 6. Projects with a residential component of greater than 50 dwelling units. Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective upon adoption of an ordinance by the elected officials of the Town of Hillsborough and Orange County to its effect. Any previously adopted Agreements in conflict with this Agreement shall become null and void upon this date. The Courtesy Review Area Map in Appendix A to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Withdrawal of one party shall absolve the remaining party to satisfy conditions under the Agreement. ARTICLE 2. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS All proposed developments noted in Section 1.2B shall be submitted for courtesy review in the following areas: A. Aforesaid Courtesy Review Map area outside of Hillsborough's ETJ, B. Within the Town of Hillsborough's town limits and extra-territorial jurisdiction. Section 2.1 Request for Joint Meeting Either jurisdiction may request a joint meeting of the elected boards to discuss a development proposal subject to courtesy review. The request shall be made in writing by the reviewing jurisdiction when comments are submitted or in writing by the approving jurisdiction upon receipt of comments. When either party requests a joint meeting, the approving jurisdiction agrees to delay its approval process for the project in question for no more than 90 days in order 2 to accommodate the joint 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 notify 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 Courtesy Review Area, it shall forward two (2) copies of the full application and associated materials to Town of Hillsborough planning staff for review withim 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 3 a) Town of Hillsborough staff will provide written confirmation of availability and/or constraints of utility capacity for development proposals requesting Town of Hillsborough utility access that are within the jurisdiction of Orange County. b) If the development proposal requests utility service from the Town of Hillsborough, the Town of Hillsborough Board of Commissioners agrees to provide written notice of intention to provide or not provide utility service to the proposed development to the Orange County planning staff within two (2) months of receipt of development proposal application. Orange County may require confirmation of intention to provide utility service to the proposed new development from the. Town of Hillsborough as a condition of preliminary plan approval. 2. Transportation issues (traffic and road capacity, access to mass transit, etc.) B. Orange County may make comments on a development proposal within the jurisdiction 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 desiring Hillsborough water and sewer service shall independently petition the Town for reservation of utility capacity following a Concept Plan approval by the Orange County Planning Board. 2. The Hillsborough Town Board will decide within 2 month of receiving the petition whether to formally reserve utility capacity for a project based on a preliminary concept plan. Water use will be projected based on the concept plan. 4 3. The reservation of utility capacity 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 for 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. o ... :~~~ ~ ~ss~ ~~ ~ z ~~ ~ ~ N ~~ 1 -- ~' '_'~ ~ ~ ~ ~ "! ~ \ ~ -~ • ~ r-- , ~ ~`1 \ ~/ f ! - - ~ ~ /~~1\ ~ ~ ~ti,~ '~~ '~ ! ~~ r ~~ !~ ~ ~~"~~ ~ ~~ ~-r ~' Dom- a i ~i = ~ . ~~ t F~ ~~~ ~ ~ ~ 1~ ~~~,t1~~~ ` ~ s `, r :~ ~' 'i' ,~ _ ~ O ~~ ~ C ~ ~ ~ ~~ ~~ `~ ~ ~ ~ ~ f ~ ~ ~~ ~ +, ~ ' ~~~ A ~~~ Upon motion of Commissioner the foregoing 003. I, Donna Baker, Clerk to the Bi seconded by Commissioner resolution was adopted this _~.~'~ day of yard of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on ~ ~ 2003 as relates in any way to the adoption of the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said Board. WITNESS my hand and the seal of said County, this ~ ~ day of ~, 2003. ~~ !~ h I 1~ tis~••, 1 x_3k P~' 66 J~'~G tf~, k i', 7 ~' ~~ a ~ ~ , a c~.~~ ~asae~~ ~`~ ~. :~ °~~ ° ~ r '~ E .'~~ ~ ~'o ~ ~. Attest: ; ~ ~~ ~ ®'A Q.. CAROL ~,• City Clerk Clerk to the Board of County ommissioners TOWN OF HILLSBOROUGH By Mayor day of ~, ~~(date) 7