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HomeMy WebLinkAboutAgenda - 02-20-2001-9cORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION ABSTRACT Meeting Date: February 20, 2001 Action Agenda Item No. 9 - C SUBJECT: Orange County/Hillsborough Courtesy Review Agreement DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Draft Agreement with Map INFORMATION CONTACT: Craig N. Benedict, ext. 2592 TELEPHONE NUMBERS: - Hillsborough 732-8181 Chapel Hill 968-4501 Durham 688-7331 Mebane (336)227-2031 PURPOSE: To consider a courtesy review agreement with the Town of Hillsborough on a formal basis. BACKGROUND: This subject was discussed at the January 29, 2001 Board of Commissioners work session and again during the joint meeting with the Town of Hillsborough Board of Commissioners on January 31, 2001. The Joint Orange County/Hillsborough EDD Task Force has developed various new regulations to improve the standards of development in the common areas of interest around and in Hillsborough. A discussion point that has surfaced is that courtesy review of projects by both jurisdictions would further both entities' interests in managing the impacts of growth. Issues such as traffic, stormwater control, environmental impact, and public service provision are shared impacts that would be better reviewed jointly. The county and the Town of Hillsborough have informally reviewed major project proposals like Corbin Downs, The Preserve Planned Development, and Hampton Pointe. This agreement would formalize this system so the applicant would be familiar with the combined concerns of both local governments. FINANCIAL IMPACT: Although there is no immediate financial impact with the decision, there is possible personnel resource impact as one planner would add to their responsibilities and be assigned to react to proposals in relatively short time frames and attend meetings to understand the proposal and offer comments. RECOMMENDATION(S): The Manager recommends that the Board approve such an agreement. 2 COURTESY REVIEW AGREEMENT 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 of coordinated planning in the Orange County-Hillsborough Courtesy Review Area, as defined herein. 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. This is the area noted on the draft Public Water/Sewer Service Boundary Agreement as the Town of Hillsborough's primary service area. B. Courtesy Review Area Land Use Plan. The existing land use plan within the county area where certain development permit proposals and plans will be reviewed and commented upon. C. Development proposal means a: 1. Land use amendment, 2. Rezoning, 3. Special use permit, 4. Subdivision project of greater than [number of lots to be discussed, 35 lots or greater are suggested] lots, 5. Annexations for the following areas: a. Aforesaid Water/Sewer boundary outside of Hillsborough's ETJ, b. The Town of Hillsborough's ETJ area, c. An area within the Town of Hillsborough that is south of the Eno River. Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance adopting this Agreement (after'it has been approved by Hillsborough). 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 3 terminated by mutual agreement or by withdrawal of any party. Withdrawal of one party shall not invalidate the Agreement with respect to remaining party. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. ARTICLE 2. ADOPTION, ADMINISTRATION AND AMENDMENT OF STANDARDS Section 2.1 Proposal Administration Within The Courtesy Review Area in Hillsborough's Jurisdiction A. Whenever Hillsborough receives an application for a development proposal as defined in this Agreement relating to land within the Courtesy Review Area, it 4 shall forward copies of the full application and associated materials to Orange County for review. The Town shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the Town shall provide for simultaneous review to expedite application processing; provided, however, the Town may not vote to 'issue or deny a proposal until it has received the recommendations of Orange County or until the expiration of thirty (30) days after Orange County has received the application, whichever comes first. Section 2.2 Proposal Administration Within The Courtesy Review Area in Orange County's Jurisdiction A. Whenever Orange County receives an application for a development proposal as defined in this Agreement relating to land located within the Courtesy Review Area it shall forward copies of the full application and associated materials to Hillsborough for review. The County shall establish timetables to insure that the Town has an opportunity to make recommendations regarding such applications within the framework of its regularly scheduled meeting dates. To the extent possible, the timetables of the Town and the County shall provide for simultaneous review to expedite application processing; provided, however, Orange County may not vote to issue or deny a permit until it has received the recommendation of the Town or until the expiration of thirty (30) days after the Town has received the application, whichever occurs first. Section 2.3 Enforcement Remedies. A. Proposal revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original proposal. ??ar Extra-Tarrrrmriml Jurlsdkdfen - Linlts `]j?i_ ? Buffer •. 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