HomeMy WebLinkAboutPlanning Board - 080421 ORC Agenda Packet ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
Wednesday, August 4, 2021
Ordinance Review Committee Meeting — -r7:15 pm
(Immediately following regular meeting)
Due to current public health concerns, the meeting will be virtual. Members of the Planning Board
and staff will be participating in the meeting remotely. Interested members of the public can view
and participate in the meeting by following the instructions at the end of the agenda. (Please note
that pre-registration no later than 3:00 p.m. the day of the meeting is required to speak at the
meeting).
Note: ORC sessions are optional for Planning Board members and a quorum is not required to
hold the meeting.
No. Page(s) Agenda Item
1. CALL TO ORDER
2. 3 - 126 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS —
PERFORMANCE GUARANTEES - To review proposed UDO text
amendments related to performance guarantees.
Presenter: Chris Sandt, Staff Engineer and Michael Harvey,
Current Planning Supervisor
3. 127 — 137 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS —
CONCEPT PLANS FOR CONDITIONAL DISTRICTS - To review proposed
UDO text amendments to require submittal and review of concept
plans for conditional district rezoning applications.
Presenter: Michael Harvey, Current Planning Supervisor
4. ADJOURNMENT
Public Comments / Participation
There are two methods for public comment:
• Written submittals by email or drop-off
• Speaking during the virtual meeting
Written Public Comments
Members of the public are encouraged to provide written public comments by emailing comments
to planningboard orangecountync.gov no later than 3:00 p.m. on the afternoon of the meeting.
Please include in the Subject line of the email the title of the agenda item your comment pertains
to.
Emails sent to this address are viewable on Google Groups:
https://groups.google.com/g/ocplannin_ bq oard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2 d floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00 p.m.
Monday through Friday). If a staff member is not available, please leave your comments in the
drop-off box near the front counter. Written comments will be scanned and sent by staff to the
email address indicated above.
Verbal Public Comments
Members of the public must contact Planning Department staff via email at
ocpbpubliccomment(a�orangecountync.gov no later than 3:00 p.m. on the afternoon of the
meeting and indicate they wish to speak during the meeting.
When submitting the request to speak, please include the following:
• The date of the meeting
• The title of the agenda item you wish to speak on
• Your name, address, email and phone number
o The phone number must be the number you will call in from if participating by
phone
During the meeting, speakers will be called upon in the order in which requests to speak were
received. Each speaker may speak once per agenda item and has 3 minutes to address the
board. Ceding time to another speaker is not permitted.
In the event a meeting is continued to a future date due to the length of public comments, the
date for the continued meeting will be announced before the meeting adjourns. No additional
requests to speak will be taken for the continued meeting, only the speakers who signed up to
speak at the original meeting and were not called upon will be able to speak at the continued
meeting. Written comments continue to be encouraged and can be sent to the email address
indicated in the "Written Public Comments" instructions above.
Zoom Meeting Registration
Both members of the public who wish to speak at the meeting and those who wish to only view
the meeting must register to receive a link to the meeting. Persons wishing to speak must
register with the same name provided in the email that notified staff you wish to speak. The link
to sign up for the meeting is:
https://orangecountync.zoom.us/webinar/registerMN uu4odn7wQfK1Y65ieOOHvQ
If you do not have internet access, you may participate in the meeting via phone. Please call
(919) 245-2575 during regular business hours to receive information on the number to call-in to,
the meeting ID, and a password.
Review Process
The Planning Board is an appointed volunteer advisory board which makes recommendations to
the Board of County Commissioners (the elected officials). The Board of County Commissioners
holds a formal public hearing and makes decisions. Section 2.8 of the County's Unified
Development Ordinance contains a flowchart depicting the entire review process for rezoning and
text amendment applications.
3
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 4, 2021
Action Agenda
Item No. 2
SUBJECT: Unified Development Ordinance Text Amendments — Performance Guarantees
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Proposed LIDO Amendments Christopher Sandt, Staff Engineer 245-2583
(have not yet received final approval by the Patrick Mallet, Erosion Control/
County's legal staff) Stormwater Supervisor 245-2577
Michael D. Harvey, Planner III 245-2597
Craig Benedict, Planning Director 245-2592
PURPOSE: To review County-initiated amendments to the Unified Development Ordinance (UDO)
designed to:
a. Ensure regulations are consistent with NC General Statute (NCGS) Chapter 160D-804.1 related
to the acceptance of performance guarantees;
b. Update existing erosion control and stormwater terms/regulations to coincide with the most
current North Carolina (NC DEQ) Erosion and Sediment Control Planning and Design Manual
and the North Carolina (NC DEQ) Stormwater Design Manual; and
c. Clarify/refine County requirements for Stormwater Control Measure (SCM) performance
guarantees.
BACKGROUND: As Planning staff pointed out during the adoption process for the UDO amendments
related to NCGS 160D, adopted on May 18, 2021, additional necessary amendments related to
performance guarantees had commenced and were moving forward on a separate path for adoption
consideration in late summer or fall. The proposed amendments specifically seek to:
• Revise performance guarantee requirements for both subdivisions and stormwater management;
• Provide more equitable Land Disturbing Permit (aka grading permit) timeframes; and
• Update erosion and sedimentation control and stormwater management terms, definitions,
requirements and standards so that are consistent with NC DEQ.
Planning and County Attorney staff are still in the process of finalizing UDO amendments to comply with
the new legislation with the aim of leaving existing processes as unchanged as possible while also
conforming the UDO to statutes. The amendment packet in Attachment 1 has not received final
approval bV the County's legal staff. However, Planning staff is bringing the latest version to the ORC
since the amendment package is lengthy and doing so will enable Planning Board members to have a
preview of the amendments and the ability to ask questions and/or make comments.
FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks
associated with updating the UDO in response to the State legislation.
RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed
amendments and provide any feedback to staff.
4
Attachment 1
UDO AMENDMENT PACKET NOTES:
The following pages contain UDO amendments necessary to conform Orange County's UDO to
performance guarantee requirements as mandated by applicable General Statutes and state
design manuals, and to update erosion and sedimentation control and stormwater management
terms, definitions, requirements and standards so that are consistent with NC DEQ.
Within this amendment package:
• Red Underlined Text: Denotes new, proposed text that staff is suggesting be
added to the UDO
• Clod Striketh,eugh Text: Denotes existing text that staff is proposing to delete
Only those pages of the UDO impacted by the proposed modifications have been included
within this packet. Due to time constraints, staff was not able to add a large 'XI through large
sections of text that are not part of the amendments under consideration. Readers should look
for a vertical line in the left side margin of a page if revisions on a particular page are not
immediately evident (in other words, in instances where an amendment is only a word or two, or
a section reference, or a spelling correction, it may not immediately "jump out" at readers).
Within this packet there are also a few sections of the UDO highlighted in yellow. Those
sections have been highlighted to draw attention to pending staff questions/comments related to
legal sufficiency. Please note that Legal Sufficiency Review is being performed
simultaneously with ORC review.
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://www.orangecountync.gov/DocumentCenterNiew/8305/Unified-Development-
Ordinance-PDF
5
ARTICLE 2: PROCEDURES
DECISIONSection 2.1: REVIEW AND • - SUMMARY
TABLE
The following table provides a brief synopsis of the review and decision-making processes for
development alications.
TABLE 2.1: REVIEW D DECISION MAKING AUTHORITIES
•
ZONING/DEVELOPMENT EROSION DEVELOPMENT
REVIEw RELATED PLANNING CONTROL ADVISORY BOARD OF PLANNING BOCC
PROCEDURES DIRECTOR OFFICER COMMITTEE ADJUSTMENT :..•,
, .
Zoning Compliance R and DM R R
Permits
Soil-Erosion and
Sedimentation Control R and DM
Re�Plansl
Stormwater Management R and DM
Plans SMPs z
UDO Text Amendments R R R[1] DM and
PH
Zoning Atlas R R R[1] DM and
Amendments PH
Special Use Permits R R R DM and EH
Zoning Variances R R DM and EH
Appeals/Interpretations R R DM and EH
Comprehensive Plan R R[1] DM and
Amendments PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM R and
2 DM
Conditional District R R R R[1] R, DM,
and PH
Appeal
NOTES
[1] The Planning Board reviews applications and makes a recommendation prior to the public hearing held by
the Board of County Commissioners.The Board of County Commissioners may choose to refer an
application back to the Planning Board at the conclusion of the public hearing.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a
recommendation on the Preliminary Plat to the BOCC.
Section 2.2: APPLICATIONS
2.2.1 Authority to File Applications
(A) Applications submitted under this Ordinance shall be submitted by the landowner, as
identified by the records of the Orange County Tax Office, or their authorized agent.
1 Consistent use of"Erosion and Sedimentation Control Plan" as defined in 15A NCAC 02H.1002(Definitions).
2 Added appropriate acronym for Stormwater Management Plans.
Orange County, North Carolina—Unified Development Ordinance Page 2-1
Article 2: Procedures 6
Section 2.4: Zoning Compliance Permits
(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 Public 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.
(C) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board's recommendation, and the Planning Director's
recommendation.
Section 2.4: ZONING COMPLIANCE
2.4.1 Applicability
(A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any
new site development, building, structure, or vehicular use area may be erected,
constructed or used.
(B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a
Zoning Compliance Permit except for:
(1) Single-family detached dwellings and duplexes, and accessory structures to
those residential uses shall require a plot plan as detailed within Section 2.4.3 of
this Ordinance.
In those instances, however, where the proposed level of land disturbance
exceeds established thresholds as detailed within Section 2.18.1(Ee)30f the
Ordinance a formal site plan, prepared in accordance with Section 2.5, shall be
required for submittal and approval. This site plan shall contain all required
elements associated with obtaining a Zoning Compliance Permit and Land
Disturbing Permit(LDP), a as detailed
herein.
(2) Interior renovation or repair of an existing structure, provided the use of the lot
and/or structure has not changed.
(C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for
the construction, moving, alteration, or repair, except ordinary repairs, of any building or
other structure, including an accessory structure. The Zoning Compliance Permit shall
include a determination that plans, specifications and the intended use of the structure
conforms to the provisions of this Ordinance.
(D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of
occupancy of any building, or to expand any use on any lot on which there is a non-
conforming use. The Zoning Compliance Permit shall include a determination that the
proposed use conforms to the provisions of this Ordinance.
3 New table reference for land disturbance thresholds.
4 Text correction—reference to the applicable Land Disturbing Permit(LDP).
Orange County, North Carolina—Unified Development Ordinance Page 2-7
Article 2: Procedures 7
Section 2.4:Zoning Compliance Permits
2.4.2 Requirements and Conditions
(A) In cases where the development and/or commencement of a land use requires the
issuance of a Special Use Permit, a Zoning Compliance Permit shall not be issued until
the aforementioned permit has been issued by the Board of Adjustment in accordance
with the review and approval procedures detailed herein.
(B) Issuance of a Special Use Permit does not negate the requirement for a Zoning
Compliance Permit.
(C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and
complete construction or change the use/occupancy of a lot or building should
regulations change subsequent to issuance of said permit.
(D) Application for Zoning Compliance Permit shall specify the method of disposal of trees,
limbs, stumps and construction debris associated with the permitted activity. Open
burning of trees, limbs, stumps, and/or construction debris associated with the permitted
activity is expressly prohibited.
(E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Building Inspector has, after final inspection,
issued a Certificate of Occupancy indicating compliance with all the provisions of this
Ordinance.
(F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Orange County Health Department has
approved the water supply and sewage disposal systems serving that use.
(G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water
supply and sewage disposal system by the Health Department shall in no case be
construed as waiving any provision of this Ordinance.
(H) Zoning Compliance Permits shall become null and void after 18 months from the date of
issuance if a building permit is not applied for or land--disturbing activities are not
commenced in accordance with the provisions of this Ordinance.
{#)(I) Proiects needing a pRerformance gGuarantee for completion of required development
elements shall abide by the provisions of Section 2.27 of this Ordinance.6
2.4.3 Plot Plan Specifications
(A) For development types requiring a plot plan rather than a site plan, the plot plan shall
contain the following:
(1) A scaled drawing denoting the length of all property lines,
(2) A north arrow denoting the orientation of the lot and all proposed structures,
(3) The location of all existing structures, driveways, and areas of impervious
surface,
(4) The location of the proposed structure(s) and distances from all property lines,
(5) The location of the proposed driveway,
(6) The location of the proposed septic system and proposed drain lines on the
property,
S"land-disturbing activities" is correctly noted to match the Definitions section of this Ordinance—NOTE. "land-
disturbing activity/activities"is integrated through the remainder of Article 2, where applicable.
6 Consistent with Section Law 2019-79,and to avoid confusion,staff has created a central section addressing the
review/processing/acceptance of Performance Guarantees for projects involving the issuance of a Zoning
Compliance Permit or Subdivision final plat approval. This is a simple reference to the new section dealing with
Performance Guarantees.
Orange County, North Carolina—Unified Development Ordinance Page 2-8
Article 2: Procedures $
Section 2.5: Site Plan Review
(E) Following review of the site plan, the Planning Director shall take final action on the
application within 21 days of acceptance of a complete application. Final action shall be
one of the following:
(1) Approval,
(2) Approval with conditions, or
(3) Denial.
Failure to meet the criteria for site plan approval listed herein, and/or to address all
review comments solicited during plan review, will result in denial of the application.
(F) If a plan is approved with conditions, no zoning authorization allowing land--disturbing
activity or subsequent building permit shall be issued until all conditions of approval have
been met to the satisfaction of Orange County.
(G) Site plan approval and the issuance of a Zoning Compliance Permit does not establish a
vested right to develop the property should zoning regulations change subsequent to plan
approval.
2.5.5 Vesting of Site Plan
(A) At the option of the Applicant, a site plan may be vested for a period of not less than two
nor more than five years. Multi-phased developments, as defined in NCGS 160D-108,
shall be vested for a period of seven years from the time a site plan approval is granted
for the initial phase of the multi-phased development.
(B) To become vested, a site specific vesting plan must be approved by the Board of County
Commissioners through either the normal project approval process if the Board of County
Commissioners is the approval authority, or, in the case the Board of County
Commissioners is not the normal approval authority, by the Board of County
Commissioners after a legislative hearing.
(1) Said legislative hearing shall follow the public notification procedures set forth in
Section 2.8.7.
(2) The Board of County Commissioners may approve the site specific vesting plan
with such terms and conditions as may reasonably be necessary to protect the
public health, safety, and welfare. Such conditional approval shall result in a
vested right. Failure to abide by such terms and conditions shall result in a
forfeiture of vested rights.
(C) An approved site specific vesting plan shall contain the following statement: "Approval of
this plan establishes a zoning vested right under NCGS 160D-108. Unless terminated at
an earlier date, the zoning right shall be valid until
(D) The site specific vesting plan for a project which requires the preparation of an
Environmental Impact Statement(EIS) in accordance with Section 6.16 of this Ordinance
shall not be approved until the EIS has been made available for public review, and has
been presented to the Board of County Commissioners in accordance with Section 2.23
of this Ordinance.
2.5.6 Guarantee of Improvern ^*Performance Guarantee
(A) if a Of Fecluired as a GE)RditiGR Of Site plaR approval, the
0FFeVGGable letter of nredit by a ied inotifiY4G
(B) The guarantee shall be effective for 12 months and shall include the cost of the
im nrnyo rents plus 10
(C) Prior to issuance of any site plan
the guarantee shall be approved by the
County attorney. approval,
Co
Orange County, North Carolina—Unified Development Ordinance Page 2-12
Article 2: Procedures 9
Section 2.5: Site Plan Review
(D) if a guaraRtee is Ret submitted, the developer MUSt iRstall all required irnpreverReRtS4G
the oo _-.fiofortK,., .,f the CO .,Rty r tA_ io of the ZE)RiRg pliaRGe per
mif
rrta.
(A) If a PP-erformance g6uarantee is required, the provisions of Section 2.27 of this
Ordinance shall apply.'
2.5.7 Additional Requirements for Overlay Districts
(A) Efland-Cheeks Highway 70 Corridor Overlay District
(1) Approval Requirements
Within the Efland-Cheeks Highway 70 Corridor Overlay District (ECOD), no
construction activity shall begin nor shall any conversion of existing single-family
residence to a non-residential land use, excavation, soil removal, grading or
disturbance of vegetation including trees, land--disturbing activity associated with
a non-residential land use, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Section 2.4 of this Ordinance.
(B) Efland Interstate Overlay District
(1) Approval Requirements
Within the Efland Interstate Overlay District, no construction activity shall begin
nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected for any use
subject to the requirements of the overlay district until such time as a site plan
has been approved and a permit issued by the Planning Director in accordance
with this Section and Section 2.4 of this Ordinance.
(C) Efland Village Overlay District
(1) Approval Requirements
Within the Efland Village Overlay District, no construction activity shall begin nor
shall any excavation, soil removal, filling, grading or disturbance of vegetation,
including trees, be commenced, nor any sign erected for any use subject to the
requirements of the overlay district until such time as a site plan has been
approved and a permit issued by the Planning Director in accordance with this
Section and Section 2.4 of this Ordinance.
(D) Major Transportation Corridor Overlay District
(1) Approval Requirements
Within the Major Transportation Corridor District, no construction activity shall
begin nor shall any excavation, soil removal, filling, grading or disturbance of
vegetation, including trees, be commenced, nor any sign erected until such time
as a site plan has been approved and a permit issued by the Planning Director in
accordance with this Section and Section 2.4 of this Ordinance.
2.5.8 Additional Requirements for Economic Development Districts
(A) Prior to submission of an application for site plan approval, applicants shall meet with
representatives of the Planning and Inspections, and Economic Development
Departments to identify policies, procedures, regulations, and fees applicable to
development proposals.
'Consistent with Section Law 2019-79,and to avoid confusion,staff has created a central section addressing the
review/processing/acceptance of Performance Guarantees for projects involving the issuance of a Zoning
Compliance Permit or Subdivision final plat approval. This is a simple reference to the new section dealing with
Performance Guarantees.
Orange County, North Carolina—Unified Development Ordinance Page 2-13
Article 2: Procedures 10
Section 2.8:Zoning Atlas and Unified Development Ordinance Amendments
(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 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. In accordance with NCGS 160D-605, 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 explain why the board considers the action taken to be reasonable
and in the public interest.
2.8.10 Text Revisions Pertaining toSoil-Erosion and Sedimentation Control Provisions'
(A) The Erosion Control Officer shall review all of the North Carolina Sedimentation Control
Commission's revisions to the State's Model Sof�-Erosions9 and Sedimentation Control
Ordinance and, within 90 days of receipt of the recommended revisions, submit draft
amendments to the North Carolina Sedimentation Control Commission for its
consideration and comments.
(B) Within 150 days after receipt of the North Carolina Sedimentation Control Commission's
comments, Orange County shall formally consider proposed amendments and, to the
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for sei1-10erosion and sedimentation control
provisions shall comply with the requirements in effect for any other text amendment.
2.8.11 Text Revisions Pertaining to Stormwater Provisions
(A) The Erosion Control Officer shall review all of the State Environmental Management
Commission's revisions to the State's Model Stormwater Ordinance and, within 90 days
of receipt of the recommended revisions, submit draft amendments to the State
Environmental Management Commission for its consideration and comments.
(B) Within 150 days after receipt of the State Environmental Management Commission's
comments, Orange County shall formally consider proposed amendments and, to the
$Title of Section 2.8.10 revised so as to match the naming conventions of other section titles related to"Erosion
and Sedimentation Control Plans" as defined in 15A NCAC 021-1.1002 (Definitions).
9 Text correction—deleted "s".
10 Text correction—deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 2-28
Article 2: Procedures 11
Section 2.14: Minor Subdivisions
(c) Auxiliary documents prepared in accordance with Article 7 of this
Ordinance which ensure completion and/or maintenance of required
improvements. Such documents may include, but not be limited to, a
private road maintenance agreement; escrow agreement or vette of
Gpedit by an approved iRstitu�
any necessary performance guarantees
for required improvements; and guarantee of installation of any required
road signs;
(d) A copy of the Final Plat indicating approval of the plan to control
sedimentation and erosion during construction of improvements. Where
an erosion and sedimentation control plan" is required, it shall comply
with the provisions of Section 6.15 of this Ordinance. If an erosion and
sedimentation control plan 12 is not required, the copy of the Final Plat
must be signed by the Erosion Control Officer certifying that a plan
waiver has been approved or the amount of land disturbance on the site
is not subject to the provisions of Section 6.15 of this Ordinance; and
(e) A statement describing the methods proposed to protect environmental
resources identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological and Geological Significance in the
Unincorporated Portions of Orange County" and/or"Inventory of the
Natural Areas and Wildlife Habitats of Orange County, North Carolina".
(B) Review and Action
(1) The Planning Director shall determine if the plat and application conform with all
applicable regulations.
(2) Auxiliary documents required by Article 7 shall be submitted by the Planning
Director to the County Attorney for review and recommendation.
(3) The Planning Director may submit copies of the Final Plat application and
accompanying material to other officials and agencies for review and comment.
Other potential reviewers include, but are not limited to:
(a) NC DOT,
(b) Orange County Schools,
(c) Orange County Land Records,
(d) County Attorney,
(e) Orange County Environmental Health,
(f) Orange County Erosion Control,
(g) Orange County Engineering,
(h) Public Utility Companies, and
(i) Orange County Department of Environment, Agriculture, Parks and
Recreation (DEAPR).
(4) Reviewers shall provide a certification to the Planning Director of the suitability,
provisional suitability, or unsuitability of the proposal. Recommendations of the
reviewers may be incorporated as conditions of approval of the subdivision.
(5) The Planning Director shall take action on an application solely on his/her
findings as to compliance with applicable regulations and conditions and shall
either:
(a) Approve the application; or
11 Consistent use of"erosion and sedimentation control plan"as defined in 15A NCAC 02H.1002 (Definitions).
12 Consistent use of"erosion and sedimentation control plan"as defined in 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 2-44
Article 2: Procedures 12
Section 2.14: Minor Subdivisions
(b) Approve the application with conditions; or
(c) Deny the application.
(6) Performance g6uarantees shall be reviewed in accordance with the provisions of
Section 2.27 of this Ordinance.13
(6)(7) The Planning Director shall notify the applicant of the action in writing.
(C) Action Subsequent to Approval
(1) The applicant shall submit a reproducible mylar original of the Final Plat to the
Planning Director for endorsement within one year of Final Plat approval.
(2) The Planning Director may grant an extension of this time limit to one-year from
the original date of expiration if the applicant files an extension application in
accordance with Section 2.2.
(3) The Planning Director shall obtain all required certification signatures and shall
endorse approval of the approved Final Plat on a reproducible mylar original after
all other certification signatures have been obtained. The Planning Director shall
prepare the Declaration of Restrictions.
(4) The Planning Director shall notify the applicant when all required certification
signatures have been obtained and County Attorney review is complete. The
applicant shall then make an appointment with the Planning Director to have the
approved plat and any associated documents necessary to ensure conformance
with regulations recorded in the Officer of the Register of Deeds. The approved
plat and any associated documents must be recorded within 90 days after the
Planning Director's endorsement of approval.
(5) The Planning Director shall accompany the applicant to the Register of Deeds
Office to ensure the approved plat and any required documents are recorded in
the correct order and to fill in the book and page references, where applicable.
Documents shall be numbered in the order they are to be recorded. The order is
as follows:
(a) Approved plat
(b) Road Maintenance Agreement, if required
(c) Declaration of Restrictions
(d) Homeowners/Property Owners'Association documents, if required
(6) If the approved plat is not recorded within the specified time period, the plat is
void.
(7) The Planning Director may extend the deadline for recordation provided the
applicant can demonstrate a good faith effort to comply with the deadline, but for
reasons beyond his/her control, fails to meet the requirements for recordation
within the specified period.
(8) All final plats shall conform to drawing specifications and certification
requirements for Final Plats contained in Section 7.14.3 of this Ordinance.
(9) Recordation of the approved final plat, and any required auxiliary documentation
shall be with the advice and consent of the Planning Director.
1s Reference to new section.
Orange County, North Carolina—Unified Development Ordinance Page 2-45
Article 2: Procedures 13
Section 2.15: Major Subdivisions
Planning Board and approved by the Board of Commissioners before any site
disturbance, construction or installation of improvements may begin.
(1) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
(2) Applications shall include:
(a) Major subdivision checklist form as prescribed by the Planning
Department;
(b) 25 copies of the Preliminary Plat of the proposed subdivision prepared in
accordance with Section 7.14.2(B) of this Ordinance;
(c) An Orange County Tax Map showing the location of the parcel to be
subdivided;
(d) A copy of the Preliminary Plat indicating the Health Department's soils
analysis approval/denial for each lot shown thereon;
(e) A written statement by the applicant or his/her authorized representative
which sets forth the justification for a private road, if applicable;
(f) Auxiliary documents, in draft form, prepared in accordance with Article 7
of this Ordinance which ensure completion and/or maintenance of
improvements required by this Ordinance, including, but not limited to:
private road maintenance agreement, homeowner's association articles
of incorporation, and homeowner's association restrictive covenants;
(g) A statement describing the methods proposed to protect environmental
resources identified in "An Inventory of Sites of Cultural, Historic,
Recreational, Biological and Geological Significance in the
Unincorporated Portions of Orange County" and "Inventory of the Natural
Areas and Wildlife Habitats of Orange County, North Carolina"; and
(h) An Orange County Floodplain Development Permit, if applicable.
(C) Planning Director Review Procedures
(1) Upon acceptance of a preliminary plat application, the Planning Director shall
determine if the plat and application conform with all applicable regulations,
including any applicable conditions of an approved Special Use Permit.
(2) Any required auxiliary documents, including performance guarantees detailed in
Section 2.27 of this Ordinance,14 shall be submitted by the Planning Director to
the County Attorney for review and recommendation.
(3) Upon receipt of a complete Preliminary Plat application, the Planning Director
shall submit copies of the Preliminary Plat and any accompanying material to the
following officials and agencies for review and comment:
(a) The District Engineer of the N.C. Department of Transportation to review
proposed public streets, highways and drainage systems;
(b) The Orange County Health Department to review proposed on site water
supply and sewage disposal systems;
(c) The Board of Education of the appropriate school district to review the
reservation of proposed school sites and the impact of the proposed
subdivision on school enrollment capacities;
(d) The Orange County Erosion Control Officer to review the erosion and
sedimentation control plan15r-.Antrm and stormwater management plan;
14 Reference to new section.
11 Consistent use of"erosion and sedimentation control plan"as defined in 15A NCAC 021-1.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 2-50
Article 2: Procedures 14
Section 2.15: Major Subdivisions
(e) The Orange County Department of Environment, Parks and Recreation
to review the location, suitability and facilities proposed for required
recreation areas and to review any historic and/or cultural resources;
(f) The Orange County Floodplain Administrator to review compliance with
Special Flood Hazard Area regulations;
(g) The Planning Department and/or Planning Board of the appropriate
municipality where a courtesy review procedure has been established by
agreement between the County and the municipality;
(h) The appropriate utility provider where public or community water and/or
sanitary sewerage systems are proposed to serve the subdivision;
(i) The Orange Soil and Water Conservation District to review a general
soils description and interpretation; and
Q) The County Attorney to review the format and appropriateness of
proposed restrictive covenants, homeowners association agreements,
road maintenance agreements, performance bends guarantees16 and
other similar documents.
(4) The reviewers designated in (3) shall review the Preliminary Plat and shall
provide a report to the Planning Director on the basis of the suitability, provisional
suitability, or unsuitability of the proposal.
(5) Where it is determined that alternative measures are required in order for the
proposal to be classified as "suitable," a certification of"provisionally suitable"
shall be provided. If reviewer approval is withheld on this basis, the reviewer
shall identify the reasons for such classification and recommend measures
through which the proposal may be made suitable. The Planning Board may
recommend, and the Board of County Commissioners may approve, identified
measures as conditions of approval of the Preliminary Plat; provided, however,
the recommending reviewer has the authority to enforce such measures.
(6) Where no alternatives are available to address the concerns of the reviewer, a
classification of"unsuitable" shall be provided. The reviewer shall provide a list
of the reasons which resulted in such designation.
(7) Upon receipt of the comments and recommendations from reviewers, the
Planning Director shall submit to the Planning Board a written analysis of the
application and his/her recommendation.
(8) The Planning Director shall be permitted to defer the application and
recommendation for one meeting beyond the Planning Board meeting at which
the application is scheduled to be heard.
(D) Planning Board Review and Approval Procedures
(1) The Planning Board shall review the application and the Planning Director's
report at a regularly scheduled meeting and shall prepare a written
recommendation to the Board of County Commissioners.
(2) All interested persons shall be given the opportunity to speak and ask questions
regarding the application at the meeting. The Planning Board may place
reasonable and fair limitations on comments, arguments and questions to avoid
undue delay.
(3) The Planning Board shall take action on the application solely on its findings of
compliance with applicable regulations and conditions and shall recommend:
(a) approval of the application;
16 consistent use of"performance guarantees".
Orange County, North Carolina—Unified Development Ordinance Page 2-51
Article 2: Procedures 15
Section 2.15: Major Subdivisions
(3) After consideration of the evidence submitted by the applicant concerning each
of the factors listed above, the Board of County Commissioners may, in its
discretion and for good cause shown, grant the amendment to the phasing plan
unless it concludes that to do so would not maintain or promote, in some specific
manner, the public's general health, safety and welfare.
(4) If the Board of County Commissioners approves an amendment to the phasing
plan, it may require reasonable additional conditions of approval of the
unapproved final plat(s).
2.15.4 Final Plat
(A) Prior to approval of a Final Plat, the subdivider shall have installed the improvements
specified in this Ordinance or guaranteed their installation as provided in Section
7-.42.27.17
(B) No Final Plat will be accepted for review by the Planning Director unless accompanied by
written documentation acknowledging compliance with the improvement and
performance guarantee'$standards of Section 7:42.27 of this Ordinance.19
(C) The Final Plat shall constitute only that portion of the Preliminary Plat which the
subdivider proposes to record and develop at that time. Such portion shall conform to all
requirements of this Ordinance.
(D) Application Requirements
(1) Applications shall be submitted on forms provided by the Planning Department in
accordance with Section 2.2 of this Ordinance.
(2) Applications shall include:
(a) Five copies of the Final Plat prepared in accordance with Section 7.14.3
of this Ordinance; and
(b) Auxiliary documents, in final form, prepared in accordance with Article 7
of this Ordinance which ensure completion and/or maintenance of
improvements required by this Ordinance, including but not limited to:
private road maintenance agreement, property owner's association
articles of incorporation, and property owner's association restrictive
covenants, and a letter of Gredit or an escrow agroom„„+any required
performance guarantees.20
(3) The Final Plat of the subdivision or any portion thereof shall be submitted not
more than one year after the date on which the Preliminary Plat was approved
unless the subdivision is being developed in accordance with an approved
phasing plan under Section 7.3.
(4) If a Final Plat is not submitted within the time period specified in (3), the
Preliminary Plat approval shall be null and void. The subdivider shall be required
to resubmit a new Preliminary Plat application for the tract or portion thereof for
review as a new application.
(E) Review and Approval Procedures
1'Reference to new section.
18 Consistent use of"performance guarantee".
19 Reference to new section.
20 Consistent use of"performance guarantee".
Orange County, North Carolina—Unified Development Ordinance Page 2-55
Article 2: Procedures 16
Section 2.15: Major Subdivisions
(1) Upon acceptance of a Final Plat application, the Planning Director shall
determine if the plat and application conform with all applicable regulations,
including any applicable conditions of an approved SpeGial Use
Permo District. 21
(2) Auxiliary documents as required by Article 7 shall be submitted by the Planning
Director to the County Attorney for review and recommendation.
(3) Upon receipt of the recommendation of the County Attorney, the Planning
Director shall take action on an application solely on findings of conformity with
all applicable regulations and shall:
(a) Approve the application;
(b) Approve the application with conditions; or
(c) Deny the application.
(4) If the Planning Director approves the application with conditions, such conditions
shall be reasonable and shall seek to ensure compliance with applicable
regulations.
(5) If the Planning Director approves the application with conditions or denies the
application, the reasons for such decision shall be stated in writing to the
applicant.
(F) Actions Subsequent to Approval
(1) If the application is approved or approved with conditions, the applicant shall
submit a reproducible mylar original of the Final Plat to the Planning Director for
endorsement within one year of Final Plat approval.
(2) The Planning Director shall obtain all required certification signatures and shall
endorse approval of the approved Final Plat on the reproducible mylar original
after all other certification signatures have been obtained. The Planning Director
shall prepare the Declaration of Restrictions.
(3) The Planning Director shall notify the applicant when all required certification
signatures have been obtained and County Attorney review is complete. The
applicant shall then make an appointment with the Planning Director to have the
approved plat and any associated documents necessary to ensure conformance
with regulations recorded in the Office of the Register of Deeds. The approved
plat and any associated documents must be recorded within 90 days after the
Planning Director's endorsement of approval.
(4) The Planning Director shall accompany the applicant to the Register of Deeds
Office to ensure the approved plat and any required documents are recorded in
the correct order and to fill in the book and page references, where applicable.
Documents shall be numbered in the order they are to be recorded. The order is
as follows:
(a) Approved plat,
(b) Road Maintenance Agreement, if required,
(c) Declaration of Restrictions,
(d) Homeowners/Property Owners' Association documents, if required, and
(e) Any other associated documents.
(5) If the Final Plat is not recorded within the specified time period, the Final Plat is
void.
zi Language needs to be corrected as we no longer review subdivisions through the SUP process.
Orange County, North Carolina—Unified Development Ordinance Page 2-56
Article 2: Procedures 17
Section 2.18: Land Disturbing Permits (LDPs)
The vacated plat shall be approved under the procedures for which the original plat was
approved. The approving entity shall approve or deny an application for a plat vacation.
(B) Road abandonment
(1) A major subdivision road that is dedicated to the public but not yet accepted by
NCDOT shall not be abandoned without approval from the Board of County
Commissioners.
(2) Roads dedicated to the public, but not open or used within 15 years after
dedication, may be withdrawn in accordance with NCGS 136-96 without NCDOT
or County approval.
2.17.5 Approval Criteria
(A) No application for a plat vacation shall be approved unless it complies with all applicable
requirements of this Ordinance.
(B) The approving entity shall not approve an application for a plat vacation if it will materially
injure the rights of any non-consenting property owner or any public rights related to
public improvements unless expressly agreed to by the agency with jurisdiction over such
improvements.
2.17.6 Recording
(A) After the new plat is approved, the plat must be recorded, within 60 days, with the
Register of Deeds Office.
(B) Upon the execution and recording of the new plat, the vacated plat has no effect.
(C) The re-subdivision of the land covered by a plat that is vacated shall be platted in the
same manner as is prescribed by this Article for an original plat.
2
Sectior 2.18-. LAND DISTURBING PERMITS
2.18.1 Generally
(A) Before commencement of any land-disturbing activity in excess of the thresholds as
defined in the Orange County Watershed Matrix Table (Table 2.18.1.E of this Ordinance),
feet,starting a land disturbing activity greater than 20,000 square
or greater than 10,000
square feet i University within the niyer�yUpper Lake Cone Creel or G
q uonn Watershedj_z, the
owner or his/her duly appointed agen financially responsible party shall obtain a Land
Disturbing Permit LDP from the Erosion Control Officer. If a permanent Stormwater
Control Measure23 (SCM) is required as part of a land-disturbing activity, the LDP will not
be issued by the Erosion Control Officer until the owner or his/her financially responsible
party posts a performance guarantee for construction of the SCM in conformance with
Section 6.22 (F) of this Ordinance.24
22 Section 2.18 title updated to include appropriate acronym for Land Disturbing Permits(LDPs)—NOTE: 'LDP"is
integrated through the remainder of Section 2.18, where applicable.
21"Stormwater Control Measure" is correctly noted to match the Definitions section of this Ordinance, includes the
appropriate acronym for Stormwater Control Measure(SCM)—NOTE: "Stormwater Control Measure"and"SCM"
are integrated through the remainder of Section 2.18, where applicable.
24 Section 2.18.1 (A)updated so as to: 1) reference the "Orange County Watershed Matrix Table"for determining
land disturbance thresholds specific to each watershed within Orange County, 2) better reflect current standard
operating procedures for obtaining a Land Disturbing Permit,3) include the requirement for a performance
guarantee if an SCM is required as part of land-disturbing activities,4) replace the term "duly appointed agent"
with "financially responsible party"so as to match the Definitions section of this Ordinance, and 5) reference the
new Section 6.22.
Orange County, North Carolina—Unified Development Ordinance Page 2-59
Article 2: Procedures 18
Section 2.18: Land Disturbing Permits (LDPs)21 F
(g) Land DisturbiRg PeF LDPs must be obtained prior to the start of the land
dosturba activity.
(C) Every LDP issued by the Erosion Control Officer shall expressly prohibit open
burning of trees, limbs, stumps and construction debris associated with the permitted
ast+v+tyland-disturbing activity.
(D) If a developer, corporation, private landowner or other person proposes to perform
construction/filling activities in or near a lake, stream, creek, tributary or any unnamed
body of water and its adjacent wetlands, Federal permit authorization may be required by
the U.S. Army Corps of Engineers prior to commencement of earth dist urhip
gland-disturbing activities.
(1) Filling activities include, but are not limited to, construction of road crossings,
sewer or utility line installations, grading, placement of spoil from ditching or other
excavations, or placement of fill for commercial or residential development.
(2) A wetlands determination and specific permit requirements may be obtained from
the Raleigh Field Office of the U.S. Army Corps of Engineers.
Orange County, North Carolina—Unified Development Ordinance Page 2-60
Article 2: Procedures 19
Section 2.18: Land Disturbing Permits (LDPs)21 F
(E) Orange County Watershed Matrix Table 25
�OUNTY WATERSHED MATRIX TABLE
Back Creek 20,000 21,780 43,560 **3.8 **1.43
E Haw Creek 20,000 21,780 43,560 **3.8 **1.43
Cane Creek *10,000 21,780 43,560 **3.8 **1.43
3
Cane Creek Critical Area *10,000 21,780 43,560 **3.8 **1.43
LU = Haw River(protected) 20,000 21,780 43,560 **3.8 **1.43
LL
Lu Haw River(unprotected) 20,000 21,780 43,560 **3.8 **1.43
IL
Q
v E Jordan Lake (unprotected) 20,000 21,780 43,560 **2.2 **0.82
Q
CI Q) Jordan Lake (protected) 20,000 21,780 43,560 **2.2 **0.82
0
a: University Lake *10,000 21,780 43,560 **2.2 **0.82
z
Z)I University Lake Critical Area *10,000 21,780 43,560 **2.2 **0.82
Flat River 20,000 12,000 21,780 2.2 0.33
Little River 20,000 12,000 21,780 2.2 0.33
a�
Upper Eno *10,000 12,000 21,780 22 0.33
L
LU Upper Eno Critical Area *10,000 12,000 21,780 22 0.33
LL
Lower Eno(unprotected) 20,000 12,000 21,780 22 0.33
Lower Eno(protected) 20,000 12,000 21,780 2.2 0.33
Y Hyco Creek 20,000 NA NA NA NA
O
z
Q
O South Hyco Creek 20,000 43,560 43,560 NA NA
*Waiver required.
**Jordan Lake nutrient export regulations not currently enforced.
NOTES:
[11 Thresholds are listed in square feet(SF).
[21 Not part of larger development. **joFdan Lake nutrient expert requiatmons not curFently
enforced:
[31 Nutrients listed in pounds/acre/year.
[4143,560 square feet=1 acre.
[51 21,780 square feet=%acre.
[61 10,890 square feet=%acre.
[71 Also be aware that your site plan may be constrained by riparian buffer requirements and impervious
limitations, in addition to typical zoning setback requirements.
21 Section 2.18.1 (E)added and TABLE 2.18.1.E added.
Orange County, North Carolina-Unified Development Ordinance Page 2-61
Article 2: Procedures 20
Section 2.18: Land Disturbing Permits (LDPs)21 F
2.18.2 Application Requirements
(A) An application for a Land Disturbing P -M+an LDP shall be filed with the Erosion Control
Officer on forms provided by the Planning Department.
(B) An a€rosion and sedimentation cGontrol pRlan626 must be approved prior to issuance of
i a Permotan LDP.
2.18.3 Exemptions
No permit LDP is required for the following activities:
(A) For the purpose of fighting fires.
(B) For the stock piling of raw or processed sand, stone, or gravel in material processing
plants and storage yards, provided that sediment control measures have been utilized to
protect against off-site damage.
(C) For disturbances land-disturbing activities that do not exceed 20,000 square feet in
surface area, or 10,000 square feet if within the University Lake, Cane Creek, or Upper
Eno Watersheds. In determining the area, lands under one or diverse ownership being
developed as a unit shall be aggregated.
2.18.4 Erosion and Sedimentation Control Plan Required
An e€rosion and sedimentation cControl pPlan must be submitted to the Erosion Control Officer
when the proposed Iand disturhar,^°land-disturbing activity is greater than 20,000 square feet, or
greater than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno
Watersheds.
2.18.5 Expiration of RermitsLDPs
(A) Erosion and Sedimentation Control Plan
The Erosion Control Officer may establish an expiration date for a€rosion and
sedimentation cGontrol pRIans associated with an approved LDP277appreved under this
Ordinance. Erosion and sedimentation cGontrol pRIans associated with an approved
LDPAeerovals expire threeyears28-18 MGRths after the LDP approval date unless the
land-disturbing activity is started as defined in (C) below.
(B) Land Disturbing Permits LDPs
(1) An LDP I and n^+„rbiRg P8FM;+must be obtained before beginning the
d+stuFba land-disturbing activity and may be obtained at any time as long as
the associated€resienerosion and sedimentation Gentrolcontrol plan
Appreva4-approval29 is valid.
(2) Land DisturbiRg Perry,+^LDPs expire with the expiration of the€erosion and
sedimentation Controlcontrol planWan Appre i-a�gpproval30 unless the
,+,^+„ eland-disturbing activity has begun. Once the disturbaRGe land-
disturbing activity begins, the LDPa L and D,s+„rbiRg Permit is valid for a period of
two years starting with the commencement of the dia,sturbaRGeland-disturbing
activity, as defined in (C) below.
26"Erosion Control Plan" replaced with "erosion and sedimentation control plan"as defined in 15A NCAC 02H.1002
(Definitions)—NOTE: "erosion and sedimentation control plan"is integrated through the remainder of Section
2.18, where applicable.
27 The"LDP" is the actual permit;therefore the associated approved erosion and sedimentation control plan is
inherently linked to the 3-year expiration of the LDP.
28 Three years is the current expiration time frame for LDPs.
29 Text correction—decapitalized "approval".
30 Text correction—decapitalized "approval".
Orange County, North Carolina—Unified Development Ordinance Page 2-62
Article 2: Procedures 21
Section 2.19: Soil Erosion and Sedimentation Control Plans
(3) The Land Distu.h;nn Per LDP must be renewed if the distu e land-
disturbing activity continues more than two years. The renewal fee is one half the
original fee and the permit renewed LDP is valid for two additional years after
LDP renewal31ene-ye r
(C) Start of Activity
For the purpose of determining the expiration date of the ErGsie erosion and
sedimentation control plane ae Appre ia_l_approval32 and/or I and Dis+„rh;n,.
Permltthe associated LDP, the i land-disturbing activity is
considered to have started when the pre-construction conference has been held, the
necessary erosion control practices have been properly installed, and the site clearing or
grading has begun.
Sectior •-. EROSION AND SEDIMENTATION • • PLANS
2.19.1 Generally
An Erosion erosion and sedimentation control plan 34 shall be prepared for all 44d-
disturbing +i"i+ieS land-disturbing activities subject to this Ordinance whenever the proposed
astivit�-land-disturbinq activity exceeds the thresholds as defined in the Orange County
Watershed Matrix Table (Table 2.18.1.E of this Ordinance)34 +„ ho n IorFoLon n�
. . . - iore than 20,000 square feet, if rRere than 20,000 square fet_mt a.re tA- _h,_Q '_-nr__A_1Vere_d.
2.19.2 Application Requirements
(A) An application for approval of an €resiererosion and sedimentation control plancontrel
Ra-p shall be filed with the Erosion Control Officer on forms provided by the Planning
Department.
(B) Three One electronic copy and two hard copies36 of the EFGSiererosion and
sedimentation control plan Centre! Plan shall be filed with the Erosion Control Officer.
(1) The Erosion Control Officer shall forward one copy of the EFeSOGrerosion and
sedimentation control planGentrel RaR to the Orange Soil and Water
Conservation District at least 30 days prior to the commencement of the
proposed aEt+v+tyland-disturbinq activity.
(C) The Erosion Control Officer shall forward one copy of the€msim erosion and
sedimentation control planSentrsl flan to the Director of the NC Division of Water Quality
for any land disturbiRg aGtivity!gDd-disturbing_activity that involves the utilization of ditches
for the purpose of de-watering or lowering the water table.
2.19.3 Components of Complete Erosion and Sedimentation Control Plans37
(A) Generally
31 Clarification provided—renewed LDPs are valid for two additional years after LDP renewal.
11 Text correction—decapitalized "approval".
33 Title of Section 2.19 revised so as to match the naming conventions of other section titles related to"Erosion
and Sedimentation Control Plans" as defined in 15A NCAC 02H.1002 (Definitions).
34"Erosion Control Plan" replaced with "erosion and sedimentation control plan"as defined in 15A NCAC 02H.1002
(Definitions)—NOTE: "erosion and sedimentation control plan"is integrated through the remainder of Section
2.19, where applicable.
31 Section 2.19.1 (A)updated so as to reference the "Orange County Watershed Matrix Table"for determining land
disturbance thresholds specific to each watershed within Orange County.
"Requiring one electronic copy and two hard copies will allow for efficient Departmental filing of plans and will
avoid the need for staff to scan hard copies.
37 Text correction—added "s".
Orange County, North Carolina—Unified Development Ordinance Page 2-63
Article 2: Procedures 22
Section 2.19: Soil Erosion and Sedimentation Control Plans32F
In order to be considered complete, a plan submitted for approval must contain the
proposed Eresion erosion and sedimentation control planSsnfrsl PIaa, the completed
application, the statement of financial responsibility and ownership, and the plan review
fee. The 30-day review period begins when all of the components of the complete plan
erosion and sedimentation control plan are received.
(B) Erosion and Sedimentation Control Plan Content
(1) The plan-erosion and sedimentation control plan required by this section shall
contain such architectural and engineering drawings, maps, assumptions,
calculations, and narrative statements as are needed to adequately describe the
proposed development of the tract and the measures planned to comply with the
requirements of this Ordinance.
(2) The playerosion and sedimentation control plan shall comply with all applicable
State and local regulations for erosion and sediment control.
(3) Erosion and sedimentation control plane—tan content may vary to meet the needs
of specific site requirements.
(C) Review of Other Environmental Documents
(1) Any plan-erosion and sedimentation control plan submitted for a land-disturbing
activityland-disturbin aq ctivity for which an environmental document (either an
assessment or impact statement) is required by the North Carolina
Environmental Policy Act(G.S. 113A-1, et seq.) shall be deemed incomplete until
a complete environmental document is available for review.
(2) The Erosion Control Officer shall promptly notify the person submitting the plan
erosion and sedimentation control plan that the 30-day review period of the plan
erosion and sedimentation control plan pursuant to Section 2.19.5 of this
Ordinance shall not begin until a complete environmental document is available
for review.
(3) The approval of the Erosion erosion and sedimentation control planGentrol-Plan
is conditioned on the applicant's compliance with Federal and State Water
Quality laws, regulations, and rules.
(D) Financial Responsibility and Ownership
(1) Erosion and sedimentation control plansP-lans may be disapproved unless
accompanied by an authorized statement of financial responsibility and
ownership. This statement shall be signed by the .,ors^„ finanGia y
espe4&lb financially responsible party38 for the land-dist rbin,. a,.+,„;+„Iand-
disturbing activity or his/her39 attorney-in-fact.
(2) The statement shall include the mailing and street addresses of the principal
place of business of: (1)the .Perm fiRaRGial y F8SPGRSi"' financially responsible
party, (2)the owner of the land, and (3) any registered agents.
(3) If the financially responsible party is not a resident
of North Carolina, a North Carolina agent must be designated in the statement
for the purpose of receiving notice of compliance or non-compliance with the
planerosion and sedimentation control plan, the North Carolina Sedimentation
Pollution Control Act of 1973, this Ordinance-or rules or orders adopted or
issued pursuant to this Ordinance.
38"person financially responsible" replaced with "financially responsible party”so as to match the Definitions
section of this Ordinance—NOTE: "financially responsible party"is integrated through the remainder of Section
2.19, where applicable.
39 Text correction—added "/her".
Orange County, North Carolina—Unified Development Ordinance Page 2-64
Article 2: Procedures 23
Section 2.19: Soil Erosion and Sedimentation Control Plans
(4) If the applicant is not the owner of the land to be disturbed, the draft Eresien
erosion and sedimentation control planGGRtrel Rlae must include the owner's
written consent for the applicant to submit a draft Erosion erosion and
sedimentation control planSentrol Plan and to conduct the anticipated land-
disturbing aG#v4land-disturbing activity.
2.19.4 Review by the Soil &Water Conservation District
(A) The Orange Soil and Water Conservation District shall review the €resion erosion and
sedimentation control planSontrol Plan and submit any comments and recommendations
to the Erosion Control Officer within 20 days after the Soil and Water Conservation
District received the €resienerosion and Sedimentation Control Plan control plan, or
within any shorter period of time as may be agreed upon by the District and the Erosion
Control Officer.
(B) Failure of the Soil and Water Conservation40 District to submit its comments and
recommendations to the Erosion Control Officer within 20 days or any agreed- upon
shorter period of time shall not delay final action on the Eresien erosion and
sedimentation control planCentFel Plan.
2.19.5 Review and Response to Erosion and Sedimentation Control Plans
(A) The Erosion Control Officer shall review each complete Eresien erosion and
sedimentation control planCentrel Rlae submitted and within 30 days of receipt thereof
will notify the person submitting the p{a-R-erosion and sedimentation control plan that it
has been:
(1) Approved,
(2) Approved with modifications,
(3) Approved with conditions,
(4) Approved with performance reservations, or
(5) Disapproved.
(B) Examples of conditions of approval are, but not limited to:
(1) Channel stabilization must be successful or another type of lining must be used;
(2) Delineating certain areas to be graded and stabilized within a specified number
of days to reduce the potential for erosion and protect critical areas;
(3) Providing a performance security to provide permanent ground cover; and/or
(4) Requiring the person finannially responsib4efinancially responsible party to retain
the services of a professional engineer or architect to supervise implementation
of the approved EFesion erosion and sedimentation control plancentrel Plan.
(C) Disapproval of an erosion and sedimentation control planes must specifically state in
writing the reasons for disapproval.
2.19.6 Timeframe for Review of Erosion and Sedimentation Control Plans 41
Failure to approve, approve with conditions, approve with modifications or disapprove a complete
EFOSOOrerosion and sedimentation control planSentrel Plae within 30 days of receipt of the
complete erosion and sedimentation control an plae-shall be deemed an approval of the erosion
and sedimentation control plan.
40 Text correction -clarification.
"Text correction—added "s".
Orange County, North Carolina—Unified Development Ordinance Page 2-65
Article 2: Procedures 24
Section 2.19: Soil Erosion and Sedimentation Control Plans32F
2.19.7 Required Revisions
(A) If, following commencement of a Iand disturbing +,"+"land-disturbing activity pursuant
to an approved plaerosion and sedimentation control plan, the Erosion Control Officer
determines that the plaerosion and sedimentation control plan is inadequate to meet
the requirements of the soil-42erosion and sedimentation provisions of this Ordinance, the
Erosion Control Officer may require any revision of the plateerosion and sedimentation
control plan that is necessary to comply with the se4l-43erosion and sedimentation
provisions of this Ordinance.
(B) After approving an E=,GsiGR erosion and sedimentation control planSentFol P-faR, if the
Erosion Control Officer, either upon review of such erosion and sedimentation control
Plan-plan or on inspection of the job site, determines that a significant risk of accelerated
erosion or off-site sedimentation exists, the Erosion Control Officer shall require a revised
erosion and sedimentation control planWan.
(C) Pending the preparation and approval of a revised Eresienrerosion and sedimentation
Sentrsl control plan, work shall cease or shall continue under conditions outlined by
the Erosion Control Officer.
2.19.8 Timeframe for Review of Revised Erosion and Sedimentation Control Plans4a
Failure to approve, approve with conditions, approve with modifications, or disapprove a revised
Erasierrerosion and sedimentation control plan Sentrsl Pla-r-within 30 daysIcsl6l of receipt
shall be deemed approval of the pianerosion and sedimentation control plan.
2.19.9 Timeframe for Response to Review Comments
(A) If the person or firm submitting an Eresfonerosion and sedimentation GoRtrel PlaR control
plan fails to respond to comments or correspondence from the Erosion Control Officer
with either revised plans or written correspondence within 90 days, the Erosion Control
Officer shall assume that the application for pian erosion and sedimentation control plan
approval has been abandoned.
(B) The Erosion Control Officer shall give warning in writing to the person or firm submitting
the pian erosion and sedimentation control plan before terminating the review.
(C) In accordance with Section 2.2, CrncrvsvOR erosion and sedimentation control planCentrei
Wan review fees are not refundable.
2.19.10 Erosion and Sedimentation Control Plan Amendments
(A) Application for amendment of an Erosionerosionand sedimentation Centre! Plancontrol
plan in written and/or graphic form may be made at any time under the same conditions
as the original application.
(B) Until such time as said amendment is approved by the Erosion Control Officer, the land
disturbiRg +i„i+ionland-disturbing activities shall not proceed except in accordance with
the EFE)SiGR erosion and sedimentation control planCentrel Plan as originally approved.
(C) The provisions of subsection 2.19.7 (B) and (C)shall also apply to amended
Eresienerosion and sedimentation GGRtFGl PlaR&control plans.
2.19.11 Consideration of Applicant's Past Performance
(A) The Erosion Control Officer may disapprove an Eresie:rerosion and sedimentation
Controlcontrolplan upon a finding that an applicant, or a parent company,
subsidiary, or other affiliate of the applicant:
41 Deleted "soil".
43 Deleted "soil".
44 Text correction—added "s".
Orange County, North Carolina—Unified Development Ordinance Page 2-66
Article 2: Procedures 25
Section 2.20: Stream Buffers—Use Authorization Certificate
(1) Is conducting or has conducted Iand disturlbiRg aGtivityland-disturbing activity
without an approved Eros;mrerosion and sedimentation control plancentrsl R4aR,
or has received notice of violation of an Erosion erosion and sedimentation
Control-P-lancontrol plan previously approved by the North Carolina
Sedimentation Control Commission or a local government pursuant to the North
Carolina Sedimentation Pollution Control Act of 1973 and has not complied with
the notice within the time specified in the notice;
(2) Has failed to pay a civil penalty assessed pursuant to the North Carolina
Sedimentation Pollution Control Act of 1973 or a local ordinance adopted
pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by
the time the payment is due;
(3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any
criminal provision of a local ordinance adopted pursuant to the North Carolina
Sedimentation Pollution Control Act of 1973; or
(4) Has failed to substantially comply with State rules or local ordinances and
regulations adopted pursuant to the North Carolina Sedimentation Pollution
Control Act of 1973.
(B) For purposes of this subsection (2.19.11) an applicant's record may be considered for
only the two years prior to the application date.
(C) The Erosion Control Officer shall notify the applicant and the State's Director of the
Division of Land Resources of a disapproval issued under the provisions of this
subsection within 10 days. The notification shall be in writing and shall include the
specific reasons the Eresien erosion and sedimentation control planControl RlaR was
disapproved.
2.19.12 Erosion and Sedimentation Control Plan Available of-on45 Site
A copy of the approved Erosion erosion and sedimentation control planSsntrel Roan and any
amendments and required revisions shall be kept on the job site at all times.
2.19.13 Notice of Activity Initiation
No person may initiate a land-disturbing activity before notifying the Erosion Control Officer of the
date that land-disturbing activity will begin.
2.19.14 Preconstruction Conference
When deemed necessary by the Erosion Control Officer a preconstruction conference may be
required.
Section 2.20: STREAM BUFFERS -USE AUTHORIZATION CERTIFICATE
2.20.1 Use Authorization Certificate
(A) Application Requirements
(1) An application for a Use Authorization Certificate shall be filed with the Erosion
Control Officer on forms provided by the Planning Department.
(2) Complete applications shall include the following:
(a) The name, address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
41 Text correction—replaced "of'with "on".
Orange County, North Carolina—Unified Development Ordinance Page 2-67
Article 2: Procedures 26
Section 2.21: stormwater management plans (smps)
(d) A map of sufficient detail to accurately delineate the boundaries of the
land to be utilized in carrying out the activity, the location and dimensions
of any disturbance in riparian buffers associated with the activity, and the
extent of riparian buffers on the land;
(e) An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to
the riparian buffer, preserve aquatic life and habitat and protect water
quality; and
(f) Plans for any best management practices proposed to be used to control
the impacts associated with the activity.
(B) Timeframe for Review
(1) All requests shall be reviewed by the Erosion Control Officer and either approved
or denied within 60 days of receipt of a complete application.
(2) Failure to issue an approval or denial within 60 days shall constitute that the
applicant has demonstrated "no practical alternatives."
(3) The Erosion Control Officer may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of the riparian buffer protection
program.
(C) Disputes
Any disputes over determinations regarding Authorization Certificates shall be referred to
the Division of Water Qua"t�- Resources of the North Carolina Department e#
ERV'r„nMeRt and Natural ReseuFGe. of Environmental Quality(NC-DEQ)46for a
decision.
Section 2.21 STORMWATER MANAGEMENT
2.21.1 Stormwater Management Plan
(A) Application Requirements
(1) An application for approval of a Stormwater Management Plan SMP shall be
filed with the Erosion Control Officer on forms provided by the Planning
Department.
(B) Plan Requirements
46 Correction of entity name.
"Title of Section 2.21 revised to include the text"PLANS(SMPs)"so as to differentiate Section 2.21 from Section
6.14 and to include the appropriate acronym for Stormwater Management Plans(SMPs)—NOTE: "Stormwater
Management Plan"and"SMP"are integrated through the remainder of Section 2.21, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 2-68
Article 2: Procedures 27
Section 2.21: stormwater management plans(smps)46F
(1) PermaRentORsite sterrRwator r.,,n+r„ m esAny proposed permanent
Stormwater Control Measures (SCMs)48 must be shown as part of the
SMP and must accompany the ' and Dist rbinrr
P4.a44Land Disturbing Permit(LDP)49 application submittal package50. SCMs are
tashall51 be in accordance with the most current version52 of the Department of
Environmental Quality(NCDEQ) Stormwater Design Manual.
(2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak
Run-off Volume, and permanent SCMs designed for Nutrient Removal must be
included in the LDP application submittal package53
(3) SCMs that are designed, constructed and maintained in accordance with the
most current version54 of the NCDEQ Stormwater Design Manual, the55
approved accounting tools56, and the57 requirements listed in Section 6.14 of this
Ordinance58 will be presumed to meet the required performance standards of
Section 6.14 of this Ordinance59. 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 of this Ordinanceso
(C) Plan Approval
The Erosion Control Officer is authorized to approve any Stormwater Mananomon+
WanSMP which is in conformance with the performance standards specified in the most
current version61 of the NC-DEQ Stormwater Design Manual, and other requirements of
this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any s-LDPs for development
on any land that is defined as new development under Section 6.14 of this Ordinance
unless and until an SMP Stormwater Management in compliance with the
requirements of this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction Stormwater Control Measures
When a permanent nutrient export reduction SCM is required for new development to
meet the requirements of this Ordinance, a North Carolina registered professional
engineer shall prepare the plan-SMP with the Engineer's Certification of Stormwater
Management affixed, signed, sealed and dated.
48"Stormwater Control Measures" is correctly noted to match the Definitions section of this Ordinance and the
appropriate acronym for Stormwater Control Measures(SCMs) is included—NOTE: "Stormwater Control
Measure"and"SCM"are integrated through the remainder of Section 2.21, where applicable.
49"Land Disturbing Permit" is correctly noted to match the Definitions section of this Ordinance and the
appropriate acronym for Land Disturbing Permit(LDP) is included—NOTE: "Land Disturbing Permit"and"LDP"
are integrated through the remainder of Section 2.21, where applicable.
so Consistent use of"application submittal package".
"Text correction—grammar fix.
sz Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
sa Consistent use of"application submittal package".
14 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
ss Text correction—added "the".
ss Text correction—added "s".
s'Text correction—added "the".
ss Consistent reference to"this Ordinance".
s9 Consistent reference to"this Ordinance".
so Consistent reference to "this Ordinance".
ei Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
Orange County, North Carolina—Unified Development Ordinance Page 2-69
Article 2: Procedures 28
Section 2.26:Appeals
(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.
2.26.7 Flood Regulations
(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.
2.26.8 SoWErosion and Sedimentation Control Plans2
(A) Appeal of Erosion and Sedimentation Control Plan
Except as provided in subsection (D) below, the appeal of a disapproval, approval with
modifications, or approval with conditions of an Eresiererosion and sedimentation
Centre! Rla-ncontrol plan shall be governed by the following provisions:
(1) The disapproval of, modification of, or conditions of approval attached to any
proposed Erosion erosion and sedimentation Control-Plancontrol 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 Eresiorerosion and sedimentation Control Wancontrol
plan.
ez Consistent use of"erosion and sedimentation control plan"as defined in 15A NCAC 02H.1002 (Definitions)—
NOTE: "erosion and sedimentation control plan"is integrated through the remainder of Section 2.26, where
applicable.
Orange County, North Carolina-Unified Development Ordinance Page 2-77
Article 2: Procedures 29
Section 2.26:Appeals
(d) The Board of County Commissioners will render its final decision on any
€FeSiG rerosion and sedimentation SoRrof Plancontrol 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 Eresiererosion and sedimentation Control Plancontrol
plan.
(d) The said appropriate town or city board will render its final decision on
any€r084OR erosion and sedimentation Gontml PlaRcontrol 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 EFGSffGRrerosion and sedimentation SoOtrol PlaOcontrol 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 413.0118.
(D) Appeal of Erosion and Sedimentation 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
(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 business 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.
2.26.9 Stormwater Management Plan
(A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan
SMP 63 shall be made to the Orange County Planning Director.
63 Reference to the appropriate acronym for Stormwater Management Plan (SMP)—NOTE: "SMP"is integrated
through remainder of Section 2.26, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 2-78
Article 2: Procedures 30
Section 2.27: Performance Guarantees
(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 stermwate
maria erneRt pla, SMP upon which a hearing is requested within 30 days of receipt of the
recommendations from the Planning Board.
2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan64 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
business 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.
2.26.11 Appeals from Final Decisions Regarding SoWErosion and Sedimentation Control Plan"
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 sei466-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.
Sectior
2.27.1 Application Requirements
(A) The purpose of a performance guarantees is to ensure proper installation of required
improvements (i.e. roadways, landscaping, parking, utility infrastructure, impervious area,
etc.) in a timely manner in accordance with approved plans, plats and construction plans.
(B) When a performance guarantee is required under this Ordinance, or necessary for the
completion of required improvements, applicants shall submit a performance guarantee
application for processing in accordance with Section 2.2 of this Ordinance. Applications
shall be reviewed for compliance with applicable standards contained within Section 6.22
of this Ordinance.68
64 Consistent reference to"Stormwater Management Plan".
ss Consistent reference to"Erosion and Sedimentation Control Plan".
e6 Deleted "soil".
67 NEW SECTION.
68 Reference to new section 6.22.
Orange County, North Carolina—Unified Development Ordinance Page 2-79
Article 2: Procedures 31
Section 2.27: Performance Guarantees66F
(C) Accepted performance guarantee applications shall be distributed to applicable agencies
(e.g. NC Department of Transportation, utility providers, etc.), DAC, and other departments
for review and comment.
(D) Staff shall take final action on the performance guarantee application within 30 days of
acceptance. Applications not formally denied, or returned to the applicant for modification,
after 30 days of receipt are deemed approved.
(E) Performance guarantee applications may be denied due to the following:
(1) Insufficient financial guarantee for required work consistent with Section 6.22 of
this Ordinance;
(2) Financial lending institution issuing guarantee is not authorized to do business in
North Carolina;
(3) Submitted estimates are deemed inconsistent with applicable industry norms.
(4) Noncompliance with provision of this Ordinance.
(F) If approved, all performance guarantees are conditioned upon the performance of all work
necessary to complete the specified improvements.
Orange County, North Carolina—Unified Development Ordinance Page 2-80
Article 4: Overlay Zoning Districts 32
Section 4.2:Watershed Protection
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a Sstormwater Ceontrol Mn4easure (SCM), consistent with the
minimum design standards as detailed within the most current version of the North
Carolina Department of Environmental Quality (NCDEQ) Stormwater Design
ManualState Sterrv,water Design nnaRual and this Ordinance.69
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an +n#iltratieR
ster„-,water feature Infiltration System70
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State most current version of the NCDEQ
Stormwater Design Manual and shall be completed by a licensed engineer with
expertise in stormwater management. Additional allowable impervious surface
area shall be based on the soil composition of the property consistent with State
regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved SCM in accordance with
Orange County71 and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the-Orange County72 and other agencies or officials
as appropriate. Once approved, the document shall be recorded atie the Orange
County Registerrar73 of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved SCM.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s)for the property after the SCM has been approved by
the-Orange County74.
e9 Consistent reference of the NCDEQ Stormwater Design Manual—addressed through remainder of Section 4.2.8.
70 Correct reference to"Infiltration System"as defined in 15A NCAC 021-1.1002 (Definitions) and in the Definitions
section of this Ordinance.
71 Consistent reference to"Orange County'.
12 Consistent reference to"Orange County".
73 Text corrections.
74 Consistent reference to"Orange County".
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districts 33
Section 4.2:Watershed Protection
(7) The property owner, at its cost and expense, shall be required to execute and file
with #h--Orange County75 a performance guarantee
acceptable security, to cover the cost of removal of a SCM, and any additional
impervious surface area installed as the result of its approval, in the event the
SCM is failed to be maintained in accordance with the recorded operations
agreement. The amount of the bond shall be 1100% of the estimators cost of
removi nn the feature and s dace area as certifiers by a licensers
professional engineer or s yor.The guarantee shall be comply with the
provisions of Section 6.22 of this Ordinance.76
75 Consistent reference to "Orange County'.
76 Reference to new section.
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 5: Uses 34
Section 5.7: Standards for Recreational Uses
the first site plan approved;
(vi) Changes in pedestrian and/or vehicular access or circulation that
moves such facilities more than 25-feet; and
(vii) A change in the location or extent of street and utility
improvements or rights-of-way, including water, sewer and storm
drainage facilities, which would provide a different level of
service and that is not associated with a less than 10% increase
in playable acreage.
(C) Submittal Requirements
In addition to the information required by Section 2.9, the following information shall be
supplied as part of the application for approval of this use:
(1) A site plan prepared in accordance with Section 2.5, also illustrating the golf
course routing plan. The plan shall show the center line of play, the boundaries
of fairways, greens, tees, roughs, hazards, and buffers.
(2) A written and graphic site analysis illustrating soils, depth to water table, slope,
hydrology, vegetation, natural areas and habitats of special concern,
infrastructure and other manmade features, historic and archaeological sites, and
a visual analysis of views into and from the site;
(3) A biological inventory which identifies habitat diversity, species diversity, species
of special concern such as those designated as threatened or endangered, last
known sighting, candidate species likely to be present which may warrant
protection, specimen trees outstanding in size and/or species, and the status and
source of the information compiled in the inventory. The biological inventory shall
be accompanied by an analysis describing habitat integrity, relationships
between habitats and to ecological communities off site, any existing threats to
flora and fauna, and potential for habitat enhancement;
(4) An Environmental Assessment as required per Section 6.16 of this Ordinance;
(5) Grading and EFE)SieR-erosion and sedimentation Steel-PlaRcontrol plan'—';
(6) Stormwater Management Plan;
(7) Utilities Plan, including schematic irrigation plan;
(8) Landscape Plan;
(9) Resources Management and Mitigation Plan including, but not limited to,
construction policies, methods for protecting water resources and natural areas,
pollutant monitoring program, restoration and mitigation plan for wetlands and
other habitats, federal permits as may be required for alteration of wetlands,
maintenance specifications for on-going site management, including solid waste,
water conservation plan;
(10) Integrated Pest Management Program demonstrating a monitoring program for
pest problems as well as biological and chemical methods to control weeds,
insects, and disease; and
"Erosion Control Plan" replaced with "erosion and sedimentation control plan" as defined in 15A NCAC 02H.1002
(Definitions)—NOTE: "erosion and sedimentation control plan"is integrated through the remainder of Article 5,
where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 5-40
Article 5: Uses 35
Section 5.7: Standards for Recreational Uses
(i) Existing vegetation shall be preserved as indicated on the
approved landscape plan in accordance with the provisions of
Section 6.8 of this Ordinance;
(ii) Tree protection measures shall be installed and maintained
between all areas of disturbance and trees to be retained as
shown on the approved landscape plan. A detail of the tree
protection barrier proposed shall be included as part of the
landscape plan submitted with the application;
(iii) Corridors connecting habitats identified in the biological inventory
shall be preserved along fence rows, streams, buffers, or other
wooded areas. If destroyed during construction, such
connections shall be restored using appropriate plant materials;
(iv) Stream buffers shall be provided as per Section 6.13 of this
Ordinance;
(v) In out of play wooded areas, the mulch layer shall be retained;
and
(vi) Trees and stumps cleared for the course, roads, and building
construction shall either be used for timber purposes or
shredded for landscape mulch, composted, buried, or burned
after obtaining appropriate permits.
(b) Parking lots and outdoor storage areas shall be landscaped and
screened as per the standards set forth in Section 6.8 of this Ordinance;
(c) Berms, fences and walls may be used with plant materials for screening,
provided such features are designed and located in harmony with other
site features and functions;
(d) To minimize visual impact by blending architecture into the surrounding
landscape, foundation plantings are required at all structures, including
free-standing entrance signs; and
(e) Turf_grasses shall be selected using drought, pest, and disease resistant
species and/or cultivars.
(6) Stormwater Management
(a) Each golf course shall provide a system of stormwater management
designed and constructed in accordance with the standards contained in
Section 6.14 of this Ordinance.
(b) The sten ,water maRa,.o. eRt plat Stormwater Management Plan
SMP 78 shall be reviewed and approved in accordance with the
provisions of Section 6.14.
(7) Mitigation Plan
(a) A mitigation plan is required when any wetland or other environmentally
sensitive area identified in the biological inventory will be altered as a
result of construction or operation of the golf course or other facility
(including infrastructure)associated with the golf course development.
(b) The mitigation plan shall include the following:
(i) An assessment of the ecological value of resources that will be
lost and a statement of how that value will be replaced through
mitigation;
�$Consistent use of"Stormwater Management Plan (SMP)".
Orange County, North Carolina—Unified Development Ordinance Page 5-43
Article 5: Uses 36
Section 5.7: Standards for Recreational Uses
(ii) A specific statement of the goals and objectives, i.e., exactly
what steps will be taken to compensate for lost habitat, etc.;
(iii) Detailed descriptions in the form of grading plans, construction
plans, and planting plans to illustrate how the objectives will be
carried out;
(iv) A monitoring and maintenance plan to measure success of the
mitigation based on stated objectives. Include a list of parties
responsible for monitoring and maintenance, a schedule for
each, and how results will be reported at least twice a year to the
Planning and Inspections Department;
(v) A plan showing how the site will be protected from impacts by
human and unwanted animal intrusion, alternate plant species
and construction methods that could be used in the event
adjustments or substitutions are needed until the mitigation area
is established; and
(v) A financial guarantee is required for the total cost of the mitigation
project Once the installation is complete, 30% of the amount o
the bond! letter of credit or escrow will he held for 12 months or
until the site is established whichever is greater Consistent with
Section(s) 2.27 and 6.22 of this Ordinance, a performance
guarantee shall be required for the mitigation project..79
(E) Construction
(1) Drainage
(a) All drainage structures shall be installed and maintained according to the
approved Stormwater Management Plan.
(b) Golf courses that include stormwater control measures (SCMs) shall
comply with the requirements in Section 6.14 of this Ordinance.
(2) Grading and Erosion Control
(a) Plans for grading and erosion control must comply with standards
contained in this Ordinance and the Orange County Erosion and
Sediment Control most current version of the North Carolina
Erosion and Sediment Control Planning and Design Manual;80
(b) Whenever practical, construction shall be phased to minimize
disturbance and sedimentation;
(c) Sediment control measures must be properly installed to filter sediment
from runoff during construction and shall be maintained until grading is
complete and a permanent vegetative cover has been established and
all slopes stabilized; and
(d) Permanent landscaping, groundcover, mulch, etc. must be installed as
soon as practical after construction activities for each phase are
completed.
(3) Solid Waste Management
(a) The Solid Waste Management Plan submitted as part of the Resources
Management Plan shall include the method(s) of disposal and recycling
of construction debris.
(F) Operation and Maintenance
79 Reference to new sections.
S0 Correct reference to the North Carolina manual. There is no Orange County manual.
Orange County, North Carolina—Unified Development Ordinance Page 5-44
Article 5: Uses 37
Section 5.7: Standards for Recreational Uses
(b) A minimum of three samples will be taken at each of the surface water
sample locations, two groundwater samples at each of the ground water
sample locations, and one sediment sample will be taken;
(c) Monitoring will continue on a quarterly schedule for a period of three
years from the start of golf course operations. After three years,
monitoring may be reduced to two times per year for surface and
groundwater. The three-year period may be extended if pollutant levels
exceed thresholds established by U.S. Environmental Protection Agency
health advisory limits (HAL) and/or standards set by the North Carolina
Department of EnyiF.,.,.. ent and Nat gyral Rese uFGGS (N(`DENR);
Department of Environmental Quality(NCDEQ)$',--and
(d) Parameters for sampling shall be as provided in Section 5.7.3(G)(3)
below.
(3) Parameters for Sample Testing
(a) Total phosphorous, nitrate-nitrogen, total suspended solids, turbidity and
pesticides will be analyzed for each sample time; and
(b) The Pollutant Monitoring Program submitted with the application as part
of the Resources Management Plan shall list the pesticides that will be
analyzed and the rationale for such selections, which shall be based on
the Tier I risk assessment set forth in Section 5.7.3 fl(1) above.
(4) Reporting
(a) All surface water, ground water and sediment quality monitoring results
will be submitted within 45 days of collection to the Orange County
Health Department, Division of Environmental Health;
(b) Monitoring results shall be retained on site by the golf course
superintendent and shall be available for inspection; and
(c) An annual report will be submitted on a date established by the Planning
and Inspections Department.
(5) Management Response to Pollutant Monitoring
(a) If contaminants are found that reasonably may be attributed to the
construction, operation, and/or maintenance of the golf course,
management plans shall be reviewed to assess the problem. Appropriate
adjustments in the resource management and/or integrated pest
management plans shall be made to prevent further contamination; and
(b) If sampling and analysis indicate a trend toward increased
concentrations of contaminants or if the U.S. Environmental Protection
Agency health advisory limits (HAL)or State ground or surface water
standards for thresholds are exceeded, then Orange County will notify
the appropriate authorities.
5.7.5 Camp
(A) Submittal Requirements and Standards of Evaluation for Special Use Permit
(1) Submittal Requirements
In addition to the information required by Section 2.7, the following shall be
submitted as part of the application:
(a) A site plan prepared in accordance with Section 2.5, also showing the
following (existing or proposed):
S1 Corrected entity reference.
Orange County, North Carolina—Unified Development Ordinance Page 5-47
Article 5: Uses 38
Section 5.7: Standards for Recreational Uses
(B) Standards of Evaluation
Prior to any land--disturbing activity82 on the property, including the expansion of any
existing uses, the property shall be brought into compliance with Section 6.15 of this
Ordinance.
(1) A 50-foot wide landscaped buffer shall be installed along any portion(s) of
property with public road frontage in accordance with the provisions of Section
6.8 of this Ordinance. In those instances where there are existing structures,
raceways, or vehicular use areas already encroaching into the required
landscaped area the applicant shall condense the required plantings into the un-
encroached landscaped area. The ultimate intent of this landscape area, for
existing and new facilities, is to:
(a) Provide noise attenuation,
(b) Shield the direct view of the activities from surrounding residential uses,
(c) Provide formal, defined, entries into the facility, and
(d) Naturalize the perimeter.
(2) A 200-foot landscape and conservation buffer/easement shall be established
along all other property perimeters. The entire forest canopy shall be actively
maintained and managed at all height levels as a semi-opaque, intermittent
visual buffer. Land use buffers may be modified to improve their appearance,
functions and overall condition. Permitted modifications may include
reforestation, woodland management, landscape enhancement, or stream buffer
protection.
(3) Existing and proposed signage shall comply with Section 6.12 of this Ordinance.
(4) The facility owner shall demonstrate compliance with Section 6.9 of this
Ordinance and, specifically, complete the following:
(a) Properly define and delineate the parking and travel lanes on the
property, and
(b) Define and delineate emergency vehicle access points and fire lanes on
the property.
(5) The facility owner shall work with NCDOT to complete a traffic intersection
analysis for access points along any state-maintained road or highway to
determine need for access improvements such as left turn lanes or deceleration
lanes.
(6) The facility owner shall work with NCDOT, the State Highway Patrol, and County
officials to address traffic management issues to coordinate acceleration and
deceleration lanes at approved entrance and exit points on the property during
major events.
(7) The facility owner shall work with NCDOT and County officials to post proper
signage on the property directing traffic through a one-way ingress and egress
location.
(8) A litter collection and recycling system shall be developed throughout the
grounds and at all points of egress. During events facility employees shall
remove trash from the receptacles in a timely manner.
sz"land-disturbing activity" is correctly noted to match the Definitions section of this Ordinance—NOTE: "land-
disturbing activity"is integrated through the remainder of Article 5, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 5-49
Article 5: Uses 39
Section 5.7: Standards for Recreational Uses
(9) All new facilities shall install noise abatement systems to ensure compliance with
applicable County noise regulations. For existing facilities, the property
owner/managers shall provide a noise abatement system to reduce sustained
noise levels at the property lines to the lowest practical level. In order t083Te
accomplish this goal, the owners/managers have the option of employing, either
singly or in combination, any of the following:
(a) Requiring all competition vehicles to have functional noise mufflers
attached at all times;
(b) Installing a system of noise baffles, berms, or walls on the perimeter of
the racetrack facility incorporated into the design and placement of any
lighting system and viewing stands, and/or
(c) Depressing the elevation of the raceway track surface, or
(d) Some other innovative noise abatement system.
(10) Limits on racing activities shall be such that no race shall extend beyond 11:00
p.m. on Friday and Saturday nights, or beyond 9:00 p.m. on other evenings.
Practice activities shall not commence before 10:00 a.m. on any day and shall
cease by 9:00 p.m.
(11) All external lighting fixtures shall comply with Orange County lighting standards
(Section 6.11).
(12) No storage of hazardous materials shall be permitted, except for racing fuel and
lubricants. Such material storage areas shall be enclosed and posted and the
Orange County Fire Marshal shall approve a pollution incident prevention plan for
the storage facility prior to final occupancy permits.
(13) If additional or accessory land uses are desired, the facility owner shall cause a
new site plan to be created outlining the location and nature of the proposed new
land use, demonstrating compliance with this Ordinance.
(14) The County shall approve a construction schedule to complete the items listed
above.
5.7.7 Guest Ranch
(A) Standards of Evaluation for ASE-CD Zoning District
(1) Minimum lot size: 25 acres.
(2) Application materials shall include a comprehensive groundwater study, for
facilities expected to use more groundwater on an annual basis than an average
single family residence (which uses 240 gallons of water per day) built at the
highest density the existing zoning district would allow. For example, if the
existing zoning district allows a residential density of 1 unit for 2 acres and the
proposed use is on a six acre parcel (which could yield 3 residences), the
proposed use(s) may use three times the water used by an average single family
residence (or 720 gallons per day, on an annualized basis) before a
comprehensive groundwater study is required. The water usage rates of any
existing use subject to zoning regulations located on the same lot shall be taken
into account when determining if a comprehensive groundwater study is required.
Said study shall detail:
(a) The amount of water anticipated to be used on a daily, weekly, monthly,
and annual basis by regulated uses located on the parcel (e.g., water
usage by bona fide farm uses is not required to be included);
S3 Grammar correction.
Orange County, North Carolina—Unified Development Ordinance Page 5-50
Article 5: Uses 40
Section 5.8: Standards for Care&Educational Facilities
(i) A ster,,,water,, aRago. eRt ^la^Stormwater Management Plan
(SMP)84 shall be prepared and reviewed in accordance with the
provisions of Section 6.14 of this Ordinance.
(f) Drainage
(i) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(ii) School projects that include stormwater control measures
(SCMs) shall comply with Section 6.14 of this Ordinance.
(g) Grading and Erosion Control
(i) Plans for grading and erosion control shall comply with
standards contained in this Ordinance, the
most current version of the
North Carolina Erosion and Sediment Control Planning and
Design Manual85, and, if applicable, The North Carolina Erosion
and Sedimentation Control Program rules;
(ii) Construction shall be phased to minimize disturbance and
sedimentation;
(iii) Sediment control measures shall be properly installed to filter
sediment from runoff during construction and maintained until
grading is complete and a permanent vegetative cover has been
established and all slopes stabilized; and
(iv) Permanent landscaping, groundcover, mulch, etc. shall be
installed as soon as practical after construction activities for each
phase are completed.
(h) Solid Waste Management
(i) A solid waste management plan, submitted as part of the
Resources Management Plan, shall include the method(s)of
disposal and recycling of construction debris.
(i) Irrigation
(i) Irrigation systems for the school project are designed and can be
operated according to a water conservation plan described in the
Resources Management Plan submitted with the application;
(ii) The Resources Management Plan shall identify the source(s)of
water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency; and
(iii) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
Q) Habitat Maintenance
(i) Habitats identified in the biological inventory and habitats created
through mitigation shall be maintained in accordance with the
Resources Management Plan and/or a conservation easement
agreement; and
$'Consistent use of"Stormwater Management Plan (SMP)".
S5 Correct reference to the North Carolina manual. There is no Orange County manual.
Orange County, North Carolina—Unified Development Ordinance Page 5-57
Article 5: Uses 41
Section 5.9: Standards for Utilities
(d) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(b) The height of proposed arrays and support structures shall not exceed
40 feet.
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight(8)foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
500,000.00 per occurrence.
(g) A Type D Land Use Buffer shall be provided along any portion of the
perimeter of the parcel, easement, or leasehold area located adjacent to
property zoned, or otherwise utilized for, residential use except where
such property is owned, leased or consists of other utility easements
currently used for electrical distribution or transmission purposes.
Existing vegetation may be used to satisfy the landscaping requirements.
(3) Decommissioning
The applicant agrees to the following as conditions in case the utility is to be
abandoned:
(a) The owner/operator of the facility is required to notify the Orange County
Planning Director in writing 60 days prior to planned the cessation or
abandonment of the facility for any reason. This notice shall provide the
exact date when the use of the facility will cease.
(b) Documentation shall be provided indicating that the public utility
purchasing the power has been made aware of the decision.
(c) The facility shall be removed within 12 months from the date the
applicant ceases use of the facility.
(d) Once the infrastructure is removed the property, the owner shall obtain
the necessary Erosion Control permitsLand Disturbing Permit(s)86 to re-
stabilize the property. The time frame for completion shall be determined
by the Orange County Erosion Control Officer.
(e) The owner shall provide financial security in form and amount acceptable
to the County to secure the expense of dismantling and removing said
structures.
S6 correct reference to"Land Disturbing Permit".
Orange County, North Carolina—Unified Development Ordinance Page 5-67
Article 5: Uses 42
Section 5.10: Standards for Telecommunication Facilities
(e) Documentation from applicable state or federal agencies indicating
requirements, which affect the appearance of the proposed wireless
support structure, such as lighting and coloring.
(f) Draft bow wh+Gh-wfterformance bond guaranteeing the removal of the
wireless support structure in the event that it is abandoned or unused for
a period of 12 m^^+"consistent with the provisions of this Ordinance.
(g) A listing of, and current tax map identifying, all property owners within
1,000 feet of the parcel and addressed, first class stamped envelopes to
the property owners for notifications of the public hearing in accordance
with Section 2.7.6 of this Ordinance.
(h) A report containing any comments received by the applicant in response
to the balloon test along with color photographs from various locations
around the balloon.
(i) Evidence that the balloon test requirement has been met, including a
notarized statement and listing of the property owners notified of the test,
a copy of a current Orange County Tax Map showing the subject
property and all properties within the notification ring, and copies of the
certified mail returned receipts from the mail-out.
(j) A notarized statement that the sign posting requirement has been met.
(k) Photographs of a clearly visible balloon floated at the proposed tower
location to the maximum height of the tower, as well as photographs with
the proposed tower and associated antennas superimposed upon them
showing what the proposed tower will look like. Photographs shall be
taken from locations such as: property lines, and/or nearby residential
areas, historic sites, roadways, including scenic roads and major view
corridors, and other locations as deemed necessary by the Planning
Staff to assess the visual impact of the proposed tower.
(1) The application shall include a statement that the facility and its
equipment will comply with all federal, state and local emission
requirements.
(m) An Applicant may be required to submit an Environmental Assessment
Analysis and a Visual addendum. Based on the results of the Analysis,
including the Visual addendum, the County may require submission of a
more detailed visual analysis. The scope of the required Environmental
and Visual Assessment will be reviewed at the pre-application meeting.
(n) If required, a Visual Impact Assessment, which shall include:
(i) A"Zone of Visibility Map" shall be provided in order to determine
locations from which the tower may be seen.
(ii) Panorama photo simulations of the proposed wireless support
structure, superimposed on the existing landscape, to scale,
showing "before and after"views including but not limited to
State highways and other major roads; State and local parks;
other public lands; historic districts; preserves and historic sites
normally open to the public; and from any other location where
the site is visible to a large number of visitors, travelers or
residents
(iii) An assessment of the visual impact of the wireless support
structure base, guy wires and accessory buildings from abutting
and adjacent properties and streets shall be considered to
determine the need of screening.
Orange County, North Carolina—Unified Development Ordinance Page 5-79
Article 5: Uses 43
Section 5.10: Standards for Telecommunication Facilities
possible given the facts and circumstances involved.
(q) Lighting
(i) The wireless support structures will not be artificially lighted
unless required by the FAA, FCC or other federal or state
agency. Where such agencies allow a choice between painting
the tower or installing strobe lighting, painting shall be the
preferred choice.
(ii) If lighting is legally required or proposed, the applicant shall
provide a detailed plan for sufficient lighting of as unobtrusive
and inoffensive an effect as is permissible under State and
federal regulations.
(iii) For any facility for which lighting is required under the FAA's
regulations, or that for any reason has lights attached, all such
lighting shall be affixed with technology that enables the light to
be seen as intended from the air, but that prevents the ground
scatter effect so that it not able to be seen from the ground to a
height of at least 12 degrees vertical for a distance of at least
one mile in a level terrain situation. Such device must be
compliant with or not in conflict with FAA regulations. A physical
shield may be used, as long as the light is visible from the air, as
intended by the FAA.
(iv) All outdoor lighting not regulated by the FCC shall comply with
the Outdoor Lighting Standards set forth in Section 6.11 of this
Ordinance.
(r) The tower and antenna will not result in a significant adverse impact on
the view of or from any historic site, scenic road, or major view corridor.
(s) Facilities, including antennas, towers and other supporting structures,
such as guy anchor points and wires, shall be made inaccessible to
individuals and constructed or shielded in such a manner that they
cannot be climbed or collided with; and transmitters and
telecommunications control points shall be installed in such a manner
that they are readily accessible only to persons authorized to operate or
service them.
�+M All aband^GRed GE)MMURiGation wireless 6t1"r r StrotU-Y ,=e& shall be
removed w'thiR12 ME)Rt"s ef the oessatie—n A-fase. AbeRd Gr ether
seGU
city g RteeiRg the r of Af tho tower OR the o Rt that it is
abandGRed or unused fera peried of 12 MeRths shall be posted. A east
estimate shall be provided by a qualified GeReral C;E)ntFaGtE)F 11AGeRsed
0
the est mate s7
(u)(t) A determination shall be made that the facility and its equipment will
comply with all federal, state and local emission requirements, and the
Special Use Permit or Conditional District approval shall include a
statement that the facility and its equipment will comply with all federal,
state and local emission requirements.
{ )(u) Electro-Magnetic Radiation Levels
(i) The Special Use Permit or Conditional District approval shall
include a condition that the electro-magnetic radiation levels
maintain compliance with requirements of the FCC, regarding
emission of electromagnetic radiation.
$�Covered within subsection (5) below.
Orange County, North Carolina—Unified Development Ordinance Page 5-84
Article 5: Uses 44
Section 5.10: Standards for Telecommunication Facilities
(ii) Within 30 days of installation of equipment on the tower, and
within 30 days of the installation of any additional equipment in
the future, the tower owner shall provide documentation of
emission levels in relation to FCC standards.
(iii) In addition, the tower owner must provide documentation of
emission levels within five working days if so requested by
Orange County.
(iv) Orange County may make such requests at any time, not to
exceed two times per year.
(-%�Ly�"High Voltage", "No Trespassing" and Other Signs
(i) If high voltage is necessary for the operation of the
telecommunications tower or any accessory structures, "HIGH
VOLTAGE - DANGER" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(ii) "NO TRESPASSING" warning signs shall be permanently
attached to the fence or wall and shall be spaced no more than
40 feet apart.
(iii) The letters for the "HIGH VOLTAGE - DANGER" and "NO
TRESPASSING" warning signs shall be at least six inches in
height. The two warning signs may be combined into one sign.
The warning signs shall be installed at least five feet above the
finished grade of the fence.
(iv) The warning signs may be attached to freestanding poles if the
content of the signs would, or could, be obstructed by
landscaping. Signs noting federal registration (if required)shall
be attached to the tower structure in compliance with federal
regulation.
(v) Facilities shall contain a sign no larger than four square feet to
provide adequate notification to persons in the immediate area of
the presence of RF radiation or to control exposure to RF
radiation within a given area.
(vi) A sign no larger than four square feet containing the name(s)of
the owner(s) and operator(s) of the antenna(s) as well as
emergency phone number(s) shall be installed. The sign shall
be on the equipment shelter or cabinet of the applicant and be
visible from the access point of the site and must identify the
equipment owner of the shelter or cabinet.
(vii) On tower sites, an FCC registration sign, as applicable, is also to
be present. The signs shall not be lighted, unless applicable law,
rule or regulation requires lighting.
(viii) The use of any portion of a tower for signs or advertising
purposes including company name, banners, streamers, etc.
shall be strictly prohibited.
(ix) Mobile or immobile equipment not used in direct support of a
tower facility shall not be stored or parked on the site of the
telecommunication tower, unless repairs to the tower are being
made.
(5) Bond SecurityPerformance Guarantee
(a) The applicant and/or the owner of record of a telecommunication support
structure ^�;';+„ oma+., ^+o shall, at its „dtheir
Orange County, North Carolina—Unified Development Ordinance Page 5-85
Article 5: Uses 45
Section 5.10: Standards for Telecommunication Facilities
expense, be GiRtly required tG execute and file with the County a
performance guarantee hGRd er ether f,,Fm of s rity aGGeptable to the
County as to type Of SeGUrity and the feFm and MaRneF ef eXeGUtiGR
ameuRt ef at least $7-5,000.00 fGr a toweF and with such sureties as are
deemed SUffiGieRt by the GGURty to ensurin�ce the faithful performance of
the terms and conditions of this Section, Section(s) 2.27 and 6.22 of this
Ordinance, and applicable conditions of any Special Use Permit or
Conditional District approval issued pursuant to this Section This
guarantee shall include costs for the removal of a telecommunication
support structure that has ceased being used consistent with Section
5.10.9 of this Ordinance.
(b) The full amount of the bE)Rd OF SGGUrityqqgrantee shall remain in full force
and effect throughout the term of the Special Use Permit or Conditional
District approval and/or until any necessary site restoration is completed
to restore the site to a condition comparable to that, which existed prior to
the issuance of the original Special Use Permit or Conditional District
approval.as
(6) Liability Insurance
(a) A holder of a Special Use Permit or Conditional District approval for a
wireless support structure shall secure and at all times maintain public
liability insurance for personal injuries, death and property damage, and
umbrella insurance coverage, for the duration of the Special Use Permit
or Conditional District approval in the following amounts:
(i) Commercial General Liability covering personal injuries, death
and property damage: $1,000,000 per occurrence/$2,000,000
aggregate; and
(ii) Automobile Coverage: $1,000,000.00 per occurrence/
$2,000,000 aggregate; and
(iii) A$3,000,000 Umbrella coverage; and
(iv) Workers Compensation and Disability: Statutory amounts.
(b) For a wireless support structure on County property, the Commercial
General Liability insurance policy shall specifically name the County as
an additional insured. The insurance policies shall be issued by an
agent or representative of an insurance company licensed to do
business in the State and with a Best's rating of at least A.
(c) The insurance policies shall contain an endorsement obligating the
insurance company to furnish the County with at least 30 days prior
written notice in advance of the cancellation of the insurance.
(d) Renewal or replacement policies or certificates shall be delivered to the
County at least 15 days before the expiration of the insurance that such
policies are to renew or replace.
(e) Before construction of a permitted facility is initiated, but in no case later
than 15 days prior to the grant of the building permit, the holder of the
Special Use Permit or Conditional District approval shall deliver to the
County a copy of each of the policies or certificates representing the
insurance in the required amounts. A Certificate of Insurance that states
that it is for informational purposes only and does not confer rights upon
the County shall not be deemed to comply with this Section.
88 NOTE TO JAMES BRYAN: my reading of the new Statute indicates this is, ultimately,a performance guarantee
that needs to be treated like all other performance guarantees. Thoughts?
Orange County, North Carolina—Unified Development Ordinance Page 5-86
Article 5: Uses 46
Section 5.11: Standards for Waste Management Facilities
County. However, if the owner of the property upon which the facility are located wishes
to retain any access to the facility, the owner may do so with the approval of the County.
(E) If a facility is not removed or substantial progress has not been made to remove the
facilities within 90 days after the permit holder has received notice, then the County may
order officials or representatives of the County to remove the facility at the sole expense
of the owner or development approval holder.
(F) If the County removes, or causes to be removed a facility, and the facility owner does not
claim and remove it from the site to a lawful location within ten days, then the County
may take steps to declare the facility abandoned, and sell them and their components.
(G) Temporary Use Permit/Agreement
(1) Notwithstanding anything in this Section to the contrary, the County may approve
a temporary use permit/agreement for the facility, for no more than 90 days,
during which time the holder of the development approval shall develop a
suitable plan for facility removal, conversion, or re-location, subject to the
approval of the County, and the holder of the development approval and the
County shall execute an agreement to such plan.
(2) If such a plan is not developed, approved and executed within the 90 day time
period, then the County may take possession of and dispose of the affected
facility in the manner provided in this Section and utilize the bendperformance
guarantee.89
5.10.10 Ham Radio Antenna
(A) Standards of Evaluation
(1) Shall be for the private use of the property owner on which they are located.
(2) Shall not exceed 90 ft. in height.
(3) Minimum setbacks from the base of the antenna to the property boundary shall
be equal to 110% of the tower height.
Section 5.11: STANDARDS FOR WASTE MANAGEMENT FACILITIES
5.11.1 Solid Waste Collection Facilities Owned and Operated by A Public Agency for the Purpose
of Disposal of Household Waste by Orange County Residents
(A) Standards of Evaluation
(1) The site shall consist of a parcel, or easement across a parcel, (whether owned
or leased by the public agency)which has been recorded by the Orange County
Register of Deeds.
(2) The parcel or easement across the parcel, (whether owned or leased by the
public agency) on which the facility is located shall contain a minimum area of
40,000 square feet.
(3) The parcel or easement shall have frontage on a State maintained road.
(4) A Type B landscape buffer, 30' in width, shall be provided along the perimeter of
the parcel or easement.
(5) Fencing at least six feet in height shall be provided between the landscape buffer
and the improved portion of the parcel or easement.
s9 Consistent reference to"performance guarantee".
Orange County, North Carolina—Unified Development Ordinance Page 5-90
Article 5: Uses 47
Section 5.12: Standards for Extractive Uses
(2) An EFGS2GRrerosion and sedimentation control plan90 has been
approved by the Department„+G.,,,,-,,.,M8Rt Health and Nat ral Reso FGeS;
Department of Environment Mineral and Land Resources (DEMLR).91
(3) The material extracted is to be used solely for a State or Federal road
construction project; and
(4) Road construction plans include provision for reclaiming the excavated area. If
the reclamation plan involves filling the excavated area, the fill material must be
inert material defined as beneficial fill by the Solid Waste Branch of the
Department of Environment and Natural Resources, provided that the debris is
also associated with a State or Federal Highway road construction project.
Inclusion of reusable or recyclable materials in the reclamation or filling of the
borrow pit should be minimized. A proposed debris recycling program or a
statement as to why material will not be recycled must be submitted for review by
Orange County.
5.12.2 Extraction of Earth Products
(A) Use Standards
(1) Processing of materials on-site, beyond incidental mechanical consolidation or
sorting to facilitate transportation off-site for further processing, is prohibited.
(B) Submittal Requirements and Standards of Evaluation for NR-CD District
(1) Submittal Requirements
In addition to the information required by Section 2.9, the following shall be
submitted as part of the application:
(a) 26 copies of the site plan, prepared by an appropriately licensed
professional, which shall contain the following:
(i) Extent of area to be excavated or mined.
(ii) Aerial photograph of site and all areas within 1,000 feet of the
perimeter of the property flown within two months of the
application for a Special Use Permit.
(iii) Existing topography at a contour interval of two feet based on
mean sea level datum.
(iv) Land use, road system, natural features and topographical ten
foot contour intervals) details for the area within 1,000 feet of the
perimeter of the property.
(v) Typical cross sections showing extent of overburden, extent of
sand and gravel deposits, and water table.
(vi) Proposed handling and storage areas for overburden, by
products and excavated materials.
(vii) Location and results of groundwater borings showing depth of
groundwater.
(viii) Any areas proposed for ponding.
(ix) Wind pattern details and on site windbreaks.
(x) Soils details and statement addressing agricultural productivity
and reclamation.
90 Consistent reference to"erosion and sedimentation control plan".
91 Reflects current name of Department.
Orange County, North Carolina—Unified Development Ordinance Page 5-94
Article 5: Uses 48
Section 5.13: Standards for Agricultural Uses
(h) Roads other than permanent roads shall be treated with dust inhibitors,
to be specified in the Operations Plan, which will reduce to a minimum
the generation of dust from the road surfaces as a result of wind or
vehicular action. Properly operated water wagons shall be an
acceptable method of dust inhibition.
(i) Where the proposed extraction shall take place within 300 feet of a
dwelling, school, church, hospital, commercial or industrial building,
public building, or public land, a security fence at least six feet in height
shall be installed.
Q) Spoil piles and other accumulations of by products shall not be created
to a height more than 40 feet above the original contour and shall be so
graded that the vertical slope shall not exceed the material's natural
angle of response.
(k) The Operations Plan and the Rehabilitation Plan shall be coordinated so
that the amount of disturbed land is kept to the absolute minimum
consonant with good practices and so that rehabilitation proceeds in
concert with extraction.
(1) No land disturbance shall take place within 250 feet of the zoning lot line
or the property line where the zoning line and the property line are one
and the same. Within the 250 foot setback area, existing vegetation
shall be retained for the purpose of providing a visual screen and noise
buffer. No disturbance or removal of vegetation shall be permitted
except for access roads leading from the excavation area to public
roads.Where vegetation within the 250 foot setback does not exist, the
applicant shall be required to provide a dense, evergreen buffer
consistent with the purpose cited above. The buffer shall be in place
prior to the initiation of any excavation activities.
(m) The applicant shall submit operational reports, prepared on an annual
basis, detailing the amounts of materials extracted, extent of extractive
area, depth of extractive area, and results of groundwater test borings.
(n) Annual inspections of the operation shall be conducted by the Planning
Director following submittal of the annual operations reports to determine
compliance with the provisions of the development approval.
(o) In cases of abandonment or termination of operations for a period of 12
consecutive months, application for a new development approval is
required.
(p) The BE)aFd of f E)URty ('ommissioners shall require for all extraGtiVe Uses
aThe applicant shall be required to post a performance guarantee to
ensure that the provisions of the Rehabilitation Plan are met. Such
performance guarantee shall be On a form approved by the County
Attorney. The amount of such guarantee shall coder the roof of
rehabilitation n a per acro basic Of the roof !Joos not exceed the amount
peested with the State if the rehabilitation GGSt eXEeedsthhe a�^"„ts
KeJ Ked by the Stat then the d'#eronGe shall be made LIP a bend fn
This guarantee shall be completed in accordance with the
provisions of Sections 2.27 and 6.22 of this Ordinance.
a 5,13: STANDARDS FOR AGRICULTURAL
iSecti
5.13.1 Agricultural Processing Facility
(A) Use Standards
Orange County, North Carolina—Unified Development Ordinance Page 5-97
Article 5: Uses 49
Section 5.21: Standards for Miscellaneous Uses
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A stem;water management nlStormwater Management Plan
(SMP)92?shall be prepared and reviewed in accordance with the
provisions of Section 6.14 of this Ordinance.
(ii) All drainage structures will be installed and maintained according
to the approved Stormwater Management DIan SMP.
(iii) Subdivisions that include Sstormwater CBontrol Mrneasures
(SCMs) shall comply with Section 6.14 of this Ordinance.
(f) Grading and Erosion Control
(i) Plans for grading and erosion control comply with standards
contained in the mango Geunt„Erosion arra ged'Mo„t r-„ntrgi
Manualmost current version of the North Carolina Erosion and
Sediment Control Planning and Design Manual,93 and this
Ordinance;
(ii) Construction is phased to the extent practical to minimize
disturbance and sedimentation;
(iii) Sediment control measures will be properly installed to filter
sediment from runoff during construction and maintained until
grading is complete and a permanent vegetative cover has been
established and all slopes stabilized; and
(iv) Permanent landscaping, groundcover, mulch, etc. will be
installed as soon as practical after construction activities for each
phase are completed.
(g) Solid Waste Management Plan
A solid waste management plan, submitted as part of the Resources
Management Plan, shall include the method(s)of disposal and recycling
of construction debris.
(h) Irrigation
(i) Irrigation systems for the subdivision and the lots in the
subdivision are designed and can be operated according to a
water conservation plan described in the Resources
Management Plan submitted with the application;
(ii) The Resources Management Plan shall identify the source(s)of
water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency; and
(iii) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
(i) Habitat Maintenance
9z Consistent use of"Stormwater Management Plan (SMP)"—NOTE: "Stormwater Management Plan"and'SMP"
is integrated through the remainder of Article 5, where applicable.
93 Correct reference to the North Carolina manual. There is no Orange County manual.
Orange County, North Carolina—Unified Development Ordinance Page 5-124
Article 5: Uses 50
Section 5.21: Standards for Miscellaneous Uses
(a) The site plan shall provide reasonable visual, lighting, and sound privacy
for all adjacent dwelling units.
(4) Emergency access
(a) Structures and other site features shall be arranged to permit practical
emergency vehicle access to all sides of buildings.
(5) Access to public ways
(a) Every structure and dwelling unit shall have access to a public street,
walkway or other area dedicated to common use.
(6) Non-motorized circulation
(a) A non-motorized circulation system shall be provided which is direct,
efficient, and pleasant.
(b) The system shall be complementary to, but independent of the vehicular
circulation system.
(7) Design of access and egress drives
(a) The location, size, and numbers of ingress and egress drives to a site
will be strictly limited to minimize the negative impacts on public streets
and on adjacent property. This shall include formal entryways and
access to outparcels from inside the development only.
(8) Coordination with off-site circulation systems
(a) The arrangement of rights-of-way or easements for circulation shall
coordinate with the pattern of existing and planned streets, pedestrian
and/or bicycle pathways and transit routes in the area.
(b) Connection to adjacent properties is encouraged where possible.
(9) Stormwater control
(a) Protective measures shall ensure that removal of stormwater runoff will
not adversely affect neighboring properties or the public storm drainage
system.
(b) Provisions shall be made for construction of stormwater facilities
including grading, gutters, and piping to direct stormwater runoff94 and
prevent erosion.
(c) Surface water on all paved areas shall be collected at intervals that do
not obstruct vehicular or pedestrian traffic.
(10) Exterior lighting
(a) The location, type, size and direction of exterior lighting shall not cause
glare or direct illumination that interferes with adjacent properties or
safety of public rights-of-way.
(11) Protection of property values
(a) Elements of a site plan shall be arranged to have minimum negative
impact on values of adjoining property and other on-site uses.
(C) Specific Standards
(1) Unless otherwise indicated herein, the relevant standards for the specific
Economic Development Zoning Districts shall apply.
94 Consistent use of"stormwater runoff".
Orange County, North Carolina—Unified Development Ordinance Page 5-126
Article 6: Development Standards 51
Section 6.4: Performance Standards
(B) No Permitted Principal Use, Special Use, or Accessory Use in any district shall discharge
into the OWASA, Durham or Hillsborough sewage treatment facilities any waste that
cannot be adequately treated by biological means.
6.4.7 Hazardous Materials
(A) General Standards
Each permitted use, special use, and accessory use is required to comply with all
applicable federal, state, and local rules and regulations governing the storage, use, and
disposal of hazardous materials.
(B) Additional Standards in Economic Development Districts
(1) Each site plan must be accompanied by a Hazardous Materials Management
Plan (HMMP) consisting of the following information:
(a) A Materials Safety Data Sheet (MSDS)which lists the specific hazardous
substances that a facility is handling and details its known health
impacts, physical properties, and appropriate protective measures. a
separate MSDS form must be submitted for each hazardous substance
handled.
(b) A Tier Two form which indicates the precise location and quantity of
hazardous materials within a plant or place of business.
(c) Building and site plans which indicate the precise location and quantity of
hazardous materials.
(2) An Environmental Assessment will be required for any use or facility which
qualifies as a small or large generator of hazardous waste as defined by the N.C.
Department of Environment and Natural Resources. Environmental Quality.95
(3) Any use or facility which is involved in the long-term storage or disposal of
hazardous wastes will be required to submit a full Environmental Impact
Statement.
(4) Documentation must be provided as part of the HMMP confirming the following:
(a) That hazardous wastes are being sent to an approved hazardous waste
recycling, storage, treatment or disposal facility,
(b) That an EPAID number has been obtained,
(c) That only authorized transporters are used, and
(d) That on-site storage is limited to 180 days (or up to 270 days if the waste
is to be transported more than 200 miles).
6.4.8 Utilities
(A) Economic Development Districts
(1) Each permitted use, special use, and accessory use to be served by a public or
private water or sewer system must be:
(a) Designed, sized, and constructed to the standards of the utility provider;
and
(b) Ensured of installation of such services at the time it is approved.
(2) Each MPD-CD Master Plan and site plan or NR-CD site plan must be
accompanied by documentation from the utility provider that it has reviewed and
approved:
9s Reflects current name of Department.
Orange County, North Carolina—Unified Development Ordinance Page 6-14
Article 6: Development Standards 52
Section 6.4: Performance Standards
(a) Preliminary plans for the proposed water and/or sewer lines;
(b) The adequacy of the existing system(s)to which the connections(s)will
be made;
(c) The capacity of the existing water and sewer treatment facilities;
(d) The carrying capacity of the discharge stream or discharge point; and
(e) The method of funding proposed extensions of water and sewer lines.
(3) The approval by the utility provider must in the form of a resolution or other
agreement adopted by its board of directors or governing board and must also
contain a certification that service to the development project is authorized by
any water management plan and discharge permit in effect at the time of
approval.
(4) Installation
(a) The location and size of easements for water and/or sewer lines must be
approved by and dedicated in the form of a deed of easement to the
utility provider.
(b) Where cuts in existing streets are made for water and/or sewer work, all
cutting, backfilling, and paving shall be done in accordance with N.C.
Department of Transportation and/or municipal specifications and
procedures.
(5) Water Use Limitations
Because of the size or remaining excess capacity of treatment plants for some
utility providers, uses which require large quantities of water for manufacturing
and/or processing operations will require the review and approval of the Board of
County Commissioners as a Conditional District in accordance with the following:
(a) Applicants for approval of a comprehensive site development plan must
submit documented data for the proposed use or a comparable facility
which justifies the projected water consumption rates.
(b) If the projected water consumption rates exceed ag-,NG25,00096 gallons
per day[SK22]'[PRM23], the applicant will be required to obtain development
approval as a Conditional District as established in this Ordinance.
6.4.9 Solid Waste
(A) Economic Development Districts, MPD-CD, and NR-CD
The following general provisions are applicable to MPD-CD and NR-CD applications and
each permitted use, special use, and accessory use in Economic Development Districts:
(1) All uses and activities must provide secure, safe, and sanitary facilities for the
storage and pickup of solid waste and recyclables. Such facilities must be
convenient to collection and must be appropriate to the type and size of use or
activity being served.
(2) All solid waste and recyclables storage facilities must be screened in accordance
with Sections 6.4 and 6.8. of this Ordinance.
96 Rate changed consistent with current federal law and guidelines classifies a user that utilizes 25,000 or greater as
a Significant Industrial User(SIU).
Orange County, North Carolina—Unified Development Ordinance Page 6-15
Article 6: Development Standards 53
Section 6.7:Additional Standards for MPD-CD
(B) Permitted Adjustments may be approved by the Planning Director. The Master Plan shall
be revised to show all permitted adjustments and filed with the Planning Department for
incorporation in the approved MPD-CD. Other changes to the Master Plan shall be
approved by the Board of County Commissioners in accordance with the procedures
specified in Section 2.9.2 of this Ordinance.
6.7.3 Final Development Plans
(A) Site plans shall be submitted subsequent to MPD-CD Master Plan approval in
accordance with the procedures established in Section 2.5 of this Ordinance.
(B) Approval of detailed site plans and related material is an administrative action and no
public notice or hearing is required.
(C) After a MPD-CD district has been established, no zoning compliance permit, permit for
land--disturbing activity97, building permit, or the like, shall be issued for the site, unless
and until the Planning Director has approved a site plan, prepared and approved in
accordance with Section 2.5 of this Ordinance, for the development as a whole or each
development lot/pod, in accordance with the approved Master Plan.
(D) Approval of site plans shall be based on compliance with regulations applying at the time
the land was zoned to MPD-CD.
(E) The Planning Director shall certify that all conditions imposed by the Board of County
Commissioners with the approval of the MPD-CD and Master Plan have been met and a
report shall be provided to the County Manager within 30 days following the approval of a
site plan for any property included within the MPD-CD.
6.7.4 Start of Construction & Extensions
(A) Site plans shall be approved and construction started in accordance with the timetable
approved with the Master Plan. If the site plan(s) have not been approved or no
construction has started within the stated time frames, the Master Plan becomes void and
of no effect. The owner can request an extension from the Board of County
Commissioners upon the favorable recommendation of the Planning Board, if the request
is received before the Master Plan expires.
(B) No changes shall be made to the conditions of approval with extension requests.
Approval of a time extension shall be based on evidence presented by the applicant
showing that approvals have been pursued in a timely manner, and that delays have
resulted from factors beyond the control of the developer.
6.7.5 Specific Standards for Hillsborough EDD
In addition to the standards and regulations for all MPD-CD districts established in this
Ordinance, the standards contained herein shall apply to MPD-CD districts in the Hillsborough
Economic Development District.
(A) Purpose and Intent
The purpose of the MPD-CD in the Hillsborough Economic Development District is to
provide locations for a mix of residential, commercial and light industrial uses in a
cohesive development that is compatible with the natural terrain and surrounding uses.
This district encourages innovation by offering flexibility in design and layout
requirements to achieve a greater choice of living and working environments.
(B) Applicability
(1) The minimum size of a MPD-CD district shall be 5 acres.
97"land-disturbing activity" is correctly noted to match the Definitions section of this Ordinance—NOTE: "land-
disturbing activity"is integrated through the remainder of Article 6, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 6-35
Article 6: Development Standards 54
Section 6.8: Landscaping, Buffers&Tree Protection
(A) Protect, preserve, and enhance the visual appeal, character, and value of Orange
County;
(B) Enhance the beauty of the built environment;
(C) Enhance the privacy and welfare of citizens by separating incompatible land uses;
(D) Allow for the ecological benefits provided by plant materials including: protection of land
from erosion and stormwater98 runoff; minimize noise, water, light and air pollution;
mitigation of the heat island effect; recharging of aquifers; and protection and
enhancement of wildlife habitats; and
(E) Preservation of natural forested tree areas.
6.8.2 Applicability
The landscaping and buffering standards of this section shall apply to all proposed land
development for which a site plan, special use permit, MPD-CD Master Plan, preliminary plat in
the case of major subdivisions or a final plat in the case of minor subdivisions, is required.
6.8.3 Variations
(A) In some cases the strict adherence to this section of the Ordinance would serve no useful
purpose, in which case the Planning Director, may modify the buffer and landscape
standards of this Section where:
(1) The topography of a site and/or the size of a proposed lot are sufficient to serve
the purpose of a buffer;
(2) Existing structures, utilities, gardens or active farmland are located in the buffer
or setback areas;
(3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or
(4) An existing residence or structure with established lawn areas and/or plant beds
is contained within a proposed subdivision lot.
(B) The Planning Director may require alternative buffers or landscaping, including locations
other than those typically required, when a modification to the requirements of this
section is warranted in order to meet the intent of the specified standards.
(C) When a proposed lot includes one or more of the conditions listed above, the Planning
Director is empowered to waive the requirements for screening or additional landscaping
provided that the request is submitted in writing stating the reason and rationale for such
request, and the spirit and intent of this Ordinance is achieved.
6.8.4 Protection of Existing Vegetation
(A) Tree Protection Areas
There are two tree protection areas defined as follows:
(1) Primary Tree Protection Area
Front, side and rear yard setback areas; Stream Buffers; and Land Use Buffers
as required by this Ordinance. If no side and/or rear setbacks are required, the
Primary Tree Protection Area shall be ten feet in width as measured
perpendicular to the lot line.
(2) Secondary Tree Protection Area
Any portion of a lot not included within the Primary Tree Protection Area.
(B) Protective Measures
9s Consistent reference to"stormwater runoff".
Orange County, North Carolina—Unified Development Ordinance Page 6-37
Article 6: Development Standards 55
Section 6.8: Landscaping, Buffers&Tree Protection
(C) The landscape and tree preservation plan must include the following:
(1) The location of existing and proposed structures, parking areas, roadways,
fences and walls. Landscape and tree preservation plans for subdivisions shall
not be required to show proposed structures, parking areas, fences or walls on
individual lots.
(2) The location of any required landscape buffers, trees, shrubs and screening
materials to be planted;
(3) A legend listing all plant materials to be planted;
(4) The location of any lighting fixtures proposed to minimize conflicts between
lighting and landscaping;
(5) The location and species of existing trees in buffer areas if seeking credits for
existing vegetation in accordance with Section 6.8.8;
(6) Primary tree protection areas, the critical root zones, and the method of
protection;
(7) Storage areas for construction vehicles and materials, including stockpiled soil
and gravel;
(8) How areas disturbed during construction are to be restored. Such efforts should
be phased to coincide with the establishment of final grades to minimize erosion;
and
(9) Planting details in accordance with Section 6.8.5(D).
(D) Where needed for clarity, the landscape and tree preservation plan can be divided into
two sheets: a tree preservation plan and a planting plan.
(E) Following approval and prior to the start of construction, the plan shall be posted on the
job site and reviewed with all contractors.
6.8.11 Request for Extension of Compliance
It is recognized that land development occurs continuously and that vegetation used in
landscaping or screening should be planted during specific times to ensure the best chance of
survival. In order to ensure compliance and to reduce the failure of landscaping or screening
materials which were installed at an inappropriate time or under unfavorable conditions, the
applicant may request an extension of compliance in accordance with the following:
(A) A Letter of Request for Extension of Compliance (LREC)with landscaping requirements
may be filed with the Planning Director, or designee, which states the reasons why the
request is being made.
(B) The applicant shall state in the LREC that they are aware of all landscaping and
screening requirements, and that the property will be brought into compliance within 90
days of the approval of the extension, or discontinue use of the property.
(C) The Planning Director may grant the extension on requests for planting extensions
submitted between May 15 and September 15 of each year, and may grant the
extensions at other times if there are unfavorable conditions for planting.
(D) If the initial LREC has expired and conditions are still deemed unsuitable for planting, an
applicant may request one additional extension of up to 90 days. During periods of
extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory
water conservation requirements, the Planning Director, or designee, may authorize
additional 90-day extensions beyond the one extension typically allowed. These
extensions may be continued throughout the period in which the extreme drought
conditions remain.
(E) The applicant shall also acknowledge that no Final Zoning Compliance Permit shall be
issued while there is an active (pending) LREC unless a performance guarantee(suGh as
Orange County, North Carolina—Unified Development Ordinance Page 6-48
Article 6: Development Standards 56
Section 6.8: Landscaping, Buffers&Tree Protection
A lo++or Af inerit., perfermaRGe bE)Rd) S UffiGieRt tE) r 110% of the installed
submitted in accordance with Section 2.27 of this Ordinance, has been
pested with the Dlannin.. and Insnonti.,ns DepartmeR+pproyed.99
6.8.12 Additional Standards for Economic Development Districts
(A) Landscape and Tree Preservation Plan
The Landscape and Tree Preservation Plan shall be prepared in accordance with the
requirements of Section 6.8.10.
(B) Preservation of Existing Features
(1) Natural features such as streams and ponds, hillsides, rock formations, unique
vegetation and natural areas, wildlife habitats, and other similar features must be
incorporated into the overall development concept.
(2) Building sites, parking areas, and other uses shall be situated in such a way as to
protect existing tree stock having a diameter of one-foot or greater when
measured four and a half feet above ground level.
(3) Trees to be saved shall be noted on the landscape and tree preservation plan
and appropriate measures to protect the tree stock from damage during
construction, including no grading within the critical root zone, shall be indicated
in accordance with Section 6.8.4.
(4) Where possible, trees shall be protected in stands or clusters.
(5) The siting of buildings shall take advantage of scenic views and take into
consideration the impact of new structures on views from off-site.
(6) Where ever possible, access to views are to be preserved for adjacent property
owners and passing motorists.
(7) Scenic views and visual elements within the visual corridor shall be identified and
preserved where possible.
(C) Buffering Neighboring Uses
(1) A minimum buffer of 100 feet in width is to be provided at the boundary of all
Economic Development Districts.
(2) In accordance with Section 6.6.4, a buffer of 100 feet in width is to be maintained
adjacent to the right-of-way of interstate highways.
(3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the
boundary adjacent to the Clearview Subdivision and adjoining residential area on
the north side of West Ten Road.
(4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86
roadway corridor. For properties located within the EDH-1 zoning district, a 50
foot wide buffer is required.
(5) Limited breaks in required interstate highway buffers may be allowed in
accordance with Section 6.6.4(5).
(6) Buffers may consist of existing wooded areas. If existing vegetation is not
sufficient for screening, a planted buffer shall be augmented and interspersed,
consisting of 50-75% evergreen trees reaching a minimum mature height of 30-
feet.
(7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between
adjacent land uses, whether internal or external to the project, shall be provided
in accordance with the Land Use Buffer Schedule that follows.
99 Reference to new section.
Orange County, North Carolina—Unified Development Ordinance Page 6-49
Article 6: Development Standards 57
Section 6.13: Stream Buffers
Section6.13: STREAM BUFFERS
6.13.1 Purpose
The purpose of the regulations included in this Section is to protect County water resources by
establishing minimum buffers adjacent to streams, rivers, water bodies and other water features
and limiting development and other land_disturbing activities within those buffers.
6.13.2 Applicability
The stream buffer regulations and standards contained herein shall be applicable to all streams
and water features, as follows:
(A) Streams identified by any of the following means:
(1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle
maps,
(2) Shown as water feature in the Orange County Soil Survey, or
(3) A water feature identified by a field determination of County staff trained in
surface water identification through the North Carolina Division of Environmental
Quality(NCDEQ).
(B) Steam buffers shall extend around the perimeter of all water features if any portion of the
stream buffer of a stream touches the water feature. Disputes pertaining to water feature
decisions by County staff shall be filed directly to the NCDEQ.
6.13.3 Calculating Width of Stream Buffer
(A) Special Flood Hazard Areas
(1) Those streams identified by FEMA as having floodplains shall have stream
buffers calculated from the outside edges of the 100-year floodplain.
(B) Calculating Slope Value
(1) Draw 250' length perpendicular lines, at 200-foot horizontal intervals along the
entire length of the outside edges of the stream, or the outer edge of the FEMA
floodplain, whichever is greater.
(2) Determine the elevation at either the stream bank or the outer edge of the FEMA
floodplain, whichever is highest (Elevation 1), and at the point 250'from the
stream or FEMA floodplain, whichever is applicable, along the perpendicular line
(Elevation 2).
(3) Subtract Elevation 1 from Elevation 2 for the Difference.
(4) Divide the Difference by 250 for the Mean.
(5) Multiply the Mean by 100 to determine the "Slope Value".
(6) Perform this calculation for both sides of the stream or floodplain.
Orange County, North Carolina—Unified Development Ordinance Page 6-91
Article 6: Development Standards 58
Section 6.13: Stream Buffers
(1) The buffer width adjacent to streams shall be calculated for both Method A and
Method B, and at any given point along the stream, the width of the buffer shall
be the larger of the two.
(2) The same method shall be used to calculate the buffer around the reservoir itself.
New structures shall be located at least 150'from the reservoir or outside of the
stream buffer, whichever is greater.
(B) University Lake Protected Watershed (UNIV-PW)
(1) The buffer width shall be calculated for both Method A and Method B, and at any
given point along the stream, the width of the buffer shall be the larger of the two.
(C) Cane Creek Critical Area (CANE-CA) & Upper Eno Critical Area (U-ENO-CA)
(1) The buffer width adjacent to streams shall be the width calculated using Method
A.
(2) Method A shall also be used to calculate the buffer around the reservoir itself.
New structures shall be located at least 150'from the reservoir or outside of the
stream buffer, whichever is greater.
(D) Upper Eno Protected (U-ENO-PW), Lower Eno Protected (L-ENO-PW) & Back Creek
Protected (BACK-PW)
(1) The buffer width shall be as calculated using Method A, or 150', whichever is
less, except where density exceeds 1 du/ac and impervious surface exceeds
12%.
(2) Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer
width shall be calculated as above, but shall not be less than 100'.
(E) Cane Creek Protected (CANE-PW), Little River Protected (LITTLE-PW), South Hyco
Creek Protected (HYCO-PW), Flat River Protected (FLAT-PW), Haw River Protected
(HAW-PW) &Jordan Lake Protected (JORDAN-PW)
(1) The buffer width shall be the width calculated using Method A, or 150', whichever
is less.
6.13.5 Areas Outside of Watershed Protection Overlay Districts
(A) In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay
Districts, a stream buffer a minimum of 50 feet in width shall be established along both
sides of streams identified per Section 6.13.2.
(B) Stream buffers for Soil Survey streams shall only be calculated using Method A as
explained in Section 6.13.3.
6.13.6 Uses Allowable Within Stream Buffers
(A) General Standards
(1) Prior to any land--disturbing activity within a designated stream buffer, the
property owner shall provide written notification of the location and nature of the
proposed use to the Planning Department for review. The notification shall state
that the use shall be designed, constructed, and maintained to minimize soil
disturbance and to provide the maximum water quality protection practicable.
(2) All land--disturbing activities within a designated stream buffer require approval of
the Erosion Control Officer in accordance with applicable State and local
regulations, as well as all other required local, State and/or Federal permits and
approvals prior to commencement of land--disturbing activities.
(3) The submittal of additional information and/or applications may be required prior
to any land_disturbing activity within a designated stream buffer, in accordance
with the provisions of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 6-93
Article 6: Development Standards 59
Section 6.14: Stormwater Management
(B) Existing forested areas or any other healthy vegetation may not be removed from a
stream buffer, except where replaced with vegetation resulting in comparable stormwater
runoff velocity and quantity one year after planting.
(C) New vegetation shall be planted to capture non-source pollutants before they reach the
perennial stream, as per applicable Orange County Standards.
Section 6.14: STORMWATER MANAGEMENT
6.14.1 Introduction
As a watershed becomes more developed, the amount of impervious surface increases, causing
a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This
results in more additional 100 stormwater runoff 101 flowing directly into streams and other water
bodies. Because this additional102 direct stormwater runoff has not been filtered through the soil,
pollutants from the air and land surface may'03 enter streams and may 104 increase the potential
for pollution of hydrologically connected aquatic ecosystems and 105 drinking water supplies.
6.14.2 Purpose
The purpose of the Board of County Commissioners in adopting stormwater regulations is to
protect the water quality of the streams that lie within Orange County by reducing and controlling
stormwater runoff and addressing nutrient reductions for both new and existing development.
6.14.3 Jurisdiction-Wide and Inter-Local Approaches
(A) Orange County shall have the option of implementing jurisdiction-wide and/or inter-local
approaches to control stormwater runoff and achieve nutrient reductions.
(B) Any jurisdiction-wide and/or inter-local approaches must be approved by the Orange
County Board of Commissioners, and the Environmental Management Commission
before implementation.
6.14.4 General Methods
The following general approaches shall be utilized to minimize the effects of stormwater pollution
on hydrologically connected aquatic ecosystems106 and drinking water supplies in Orange
County:
(A) Non-StructuralStor-mwateF Control Measures Methods107
100 Text correction—replaced "more"with "additional".
101 Consistent use of the term "stormwater runoff"—NOTE: "stormwater runoff"is integrated through the
remainder of Section 6.14, where applicable.
10'Text correction—added "additional".
10'Text correction—added "may".
104 Text correction—added "may".
101 Added "hydrologically connected aquatic ecosystems"—NOTE: This is a staff recommendation to help the
general public understand that Orange County is not just trying to protect human focused drinking water
supplies,but also our aquatic ecosystems that are hydrologically connected.
106 Added "hydrologically connected aquatic ecosystems"—NOTE: This is a staff recommendation to help the
general public understand that Orange County is not just trying to protect human focused drinking water
supplies,but also our aquatic ecosystems that are hydrologically connected.
10I Replaced "Non-Structural Stormwater Control Measures(SCMs)"with "Non-Structural Methods"so as to avoid
confusion with permanent Stormwater Control Measures(SCMs)—NOTE: "Non-Structural Methods"is integrated
through the remainder of Section 6.14, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 6-96
Article 6: Development Standards 60
Section 6.14: Stormwater Management
(1) The stormwater run-off generated by one inch of rain from all project area
surfaces shall be controlled to the extent possible through on-site infiltration and
through the use of methods which rely on natural soil properties for absorption
and treatment.
(2) Run-effStormwater runoff from roads, parking lots, and/or sidewalks shall be
directed to undisturbed areas through use of berms, grassed diversion ditches or
swales, or other acceptable means to reduce FUR Gf#stormwater runoff velocity
and filter out pollutants.
(3) Impervious Surface Limits
(a) In order to promote infiltration of stormwater runoff into the soil and
minimize direct and immediate runoff into streams and water supply
impoundments, the maximum percentage of the total lot area which may
be covered with an impervious surface shall be specified. This limit is
referred to as the "impervious surface ratio".
(b) Impervious surface calculations for an individual development shall be
cumulative for original construction and any subsequent additions. One-
half of the width of any of any existing or proposed road adjacent to an
individual lot shall be included as impervious surface for that lot, except
in the case where an existing road was contained within a dedicated
public right-of-way at the time that the watershed regulations were first
applied to the watershed within which the development is located.
(4) Infiltration Tech 108
(a) The benefits of infiltratiGn ter.hni„„e&lnfiltration Systems include, but are
not limited to109:
(i) Removal of both suspended and dissolved pollutants,
(ii) They Fern lire less Mainte-Rap, eRelatively low maintenance
requirements,
(iii) They FedUGe fleedk4qElood reduction,
(iv) They ppematePromotion of groundwater recharge, and
(v) They hen maintainMaintenance of stream flow during dry
periods.10
(b) Where on-site " Infiltration Systems are utilized, areas
for such purposes shall be designated on the plat and shall remain
undisturbed both during and after construction.
(c) Undisturbed areas designated"' for infiltration of run-sf#stormwater
runoff shall also be located downslope from impervious surfaces and
shall not include areas characterized by floodplains, highly erodible or
impervious soils, steep slopes or previously disturbed areas.
(d) Areas designated as suitable for septic tank nitrification fields may not be
used for stormwater runoff infiltration purposes.
(B) Stormwater Control Measures (SCMs)
10'"Infiltration Techniques" replaced with "Infiltration Systems"so as to better reflect the definition and
terminology contained in 15A NCAC 02H.1002(Definitions)—NOTE. "Infiltration Systems"is integrated through
the remainder of Section 6.14, where applicable.
109 Text correction—added ", but not limited to".
110 Text correction—grammar fixes within list.
111 Text correction—added "designated".
Orange County, North Carolina—Unified Development Ordinance Page 6-97
Article 6: Development Standards 61
Section 6.14: Stormwater Management
(1) 1121n cases where RGR StFUGtUral methedsNon-Structural Methods may not
adequately control the stormwater runoff fr^m the first ;^^" of raiRgenerated by
one inch of rain from all project surfaces due to the amount of impervious surface
proposed to be developed, or in cases where Non-Structural Methods are not
effective or appropriate due to ,mer#actors such as Go" type, sl
the presence of highly erodible soils,
impervious soils, steep slopes, and/or lack of vegetative cover, permanent
Stormwater Control Measures (SCMs)113, which capture stormwater for slow
release through ars controlled outlet, are required.
(2) Where required, SCMs shall be constructed in accordance with this Section.
(C) Impervious Surface and Detention Pond Requirements
(1) For all protected watersheds, an absolute limit on the percentage of lot area
which can be covered with impervious surfaces has been established. See
Section(s)4.2.5 and 4.2.6 of this Ordinance.
(2) In some cases, SCMs are required when the proposed impervious surface ratio
exceeds a specified percentage, which is below the absolute limit.
6.14.5 Applicability
(A) The stormwater standards and regulations included herein are applicable to all new
development within the Orange County planning jurisdiction, including private, public,
state, and federal development not covered by a separate NPDES permit, as follows:
(1) Falls Lake Watershed
(a) Any activity-land-disturbing activity 114 that cumulatively disturbs greater
than one-half acre of land in order to establish, expand or modify a single
family or duplex residential development or a recreational facility.
(b) Any'land-disturbing activity that cumulatively disturbs greater
than 12,000 square feet of land in order to establish, expand, or modify a
multifamily residential development or a commercial, industrial or
institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
development or sale and the larger common plan exceeds the above
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(2) Jordan Lake Watershed
(a) Any'land-disturbing activity that cumulatively disturbs greater
than one acre of land in order to establish, expand or modify a single
family or duplex residential development or a recreational facility.
(b) Any'land-disturbing activity that cumulatively disturbs greater
than one-half an acre of land in order to establish, expand, or modify a
multifamily residential development or a commercial, industrial or
institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
...Section 6.14.4.6(1) re-formatted to improve reading clarity and fix grammar errors.
113"Stormwater Control Measures" is correctly noted to match the Definitions section of this Ordinance, includes
the appropriate acronym for Stormwater Control Measures (SCMs)—NOTE: "Stormwater Control Measure"and
"SCM"are integrated through the remainder of Section 6.14, where applicable.
114"land-disturbing activity"correctly noted to match the Ordinance definitions section—NOTE: 'land-disturbing
activity"is integrated through the remainder of Section 6.14, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 6-98
Article 6: Development Standards 62
Section 6.14: Stormwater Management
development or sale and the larger common plan exceeds the above
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(B) New development shall not include agriculture, mining, or forestry activities, as defined by
North Carolina General Statutes.
6.14.6 Review Criteria
(A) New Development
(1) Riparian areas must be protected and maintained in compliance with this
Ordinance,
(2) Nutrient load contribution must meet the standards listed in Section 6.14.7 of this
Ordinance15 as required by the North Carolina Department of Environmental
Quality(NCDEQ),
(3) Stormwater systems shall be designed to control and treat, at a minimum, the
stormwater runoff generated by one inch of rainfall from all project area surfaces.
The treatment volume shall be drawn down pursuant to standards specific to
each practice as determined by the most current version 16 of the NCDEQ
Stormwater Design Manual.
(4) New development that would exceed the nutrient loading rates set out herein,
shall include engineered stormwater controls designed to have a Primary and/or
Secondary SCM per NCDEQ requirements.
(5) Proposed new development may satisfy the review criteria standards of this
section by meeting the post-development hydrologic criteria set out in Chapter 2
of the most FGGent current version"'of the North Carolina Low Impact
Development LID 116 Guidebook.
(B) Additional Standards— Falls Lake Watershed
(1) In addition to the standards contained in Section 6.14.6 (A) of the UDOthis
Ordinance119, development shall observe a no net increase in peak flow leaving
the site from predevelopment conditions for the 1 year, 24 hour, storm.
(C) Additional Standards—Jordan Lake Watershed
(1) In addition to the standards contained in Section 6.14.6 (A) of t", "�D, his
Ordinance120 development shall abide by 15 A NCAC 02H.1002 (44).
6.14.7 Nutrient Load
(A) Nitrogen and phosphorus loads contributed by proposed new development shall not
exceed the following unit-area mass loading rates:
(1) Falls Lake Watershed
(a) Nitrogen, 2.2 pounds per acre per year
(b) Phosphorus, 0.33 pounds per acre per year
11s Consistent reference to"this Ordinance".
116 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
117 Reference to the"most current version"of the North Carolina Low Impact Development(LID)Guidebook.
11s Text correction—added "(LID)".
119 Consistent reference to"this Ordinance".
121 Consistent reference to"this Ordinance".
Orange County, North Carolina—Unified Development Ordinance Page 6-99
Article 6: Development Standards 63
Section 6.14: Stormwater Management
(B) The nutrient export from each new development shall be calculated in pounds per acre
per year(using the approved accounting toolsL21) in accordance with the methodologies
approved by the NCDEQ.
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install stormwater control
measures (SCMs)SCMs to meet the required nutrient load standards or do a combination
of SCMs and offset payments-to achieve the standard.
(D) Offset Payments
(1) Offset fees may be permitted to meet the nutrient export levels set for new
development. In order to utilize offset fees, the proposed new development
subject to the nutrient load standards must attain nitrogen and phosphorus
loading rate reductions on-site that meet the following criteria prior to using an
offsite offset measure:
(a) Falls Lake Watershed
(i) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing one half acre but less
than one acre;
(ii) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing more than one acre;
(iii) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing 12,000 square feet but less than one acre;
(iv) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing more than one acre;
(v) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for proposed redevelopment
activities in a designated downtown area that would replace or
expand structures or improvements that existed as of December
2006.
(2) Offset fees may be paid to the North Carolina Division of Mitigation Services
(DMS)122, approved private mitigation bank, or other mitigation option as
approved by the NCDEQ and Orange County. It is the policy of the' 3 NCDEQ
and Orange County, as well as a requirement in certain watersheds, that offset
payment funds be utilized where they are generated to the maximum extent
possible.
(3) Offset payment fees and calculation methods are determined by the NCDEQ as
approved by the North Carolina Environmental Management Commission (EMC).
The total amount of offset payment will be determined based on current NCDEQ
policy and regulation on a case by case basis.
(E) Permanent Nutrient Export Reduction Best Management Prato .nc 124
121 Text correction—added "s".
122 Text correction—added "(DMS)".
121 Text correction—added "the".
124"Best Management Practices"deleted so as to avoid confusion with superseded BMP terminology.
Orange County, North Carolina—Unified Development Ordinance Page 6-100
Article 6: Development Standards 64
Section 6.14: Stormwater Management
(1) Allowable on-site ster,,,water,.,,R# MeaSLIro� �cr-nn�� SCMs for nutrient
reduction shall include those listed in the most current version 125 of the NCDEQ
Stormwater Design Manual.
(2) Design, maintenance and operation of stermwater-126SCMs shall follow
standards provided in the most current version 127 of the NCDEQ Stormwater
Design Manual.
(3) Deviations from these standards may be allowed as approved on a case by case
basis.
(F) Total Nutrient Removal Rates
Total nutrient removal rates of SCMs, as well as SCMs in a series, will be calculated
pursuant to the approved accounting tools128.
6.14.8 Peak Runoff Volume
(A) Standards for Falls Lake Watershed
(1) For all new development, there shall be no net increase in peak flow leaving the
site from the pre-development conditions for the 1_year, 24--hour storm.
(B) Standards for Jordan Lake Watershed
(1) For all new development there shall be no net increase greater than 10% in peak
flow leaving the site from the pre-development conditions consistent with 15 A
NCAC 02H.1002 (44) and the most current version 129 of the NCDEQ Stormwater
Design Manual..-.
(C) Calculating Peak Runoff Volume
(1) The following are acceptable methodologies for computing the pre- and post-
development conditions for the 1_year, 24—hour storm:
(a) Rational Method,
(b) Peak Discharge Method as described in the USDA Soil Conservation
Service's Technical Release Number 55 (TR-55),
(c) Alternative methods must be approved by the County.
(2) The same method must be used for both the pre- and post-development
conditions.
6.14.9 Stormwater Management Plan (SMP)13o
(A) Required Approval
The Erosion Control Officer shall not issue any" -Land Disturbing Permits
L( DPs)131 for new development on any land within Orange County subject to the
121 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
126 Text correction—deleted "stormwater".
121 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
121 Text correction—added "s".
129 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
Iso Title of Section 6.14.9 revised to include the appropriate acronym for Stormwater Management Plans(SMPs)—
NOTE: "Stormwater Management Plan"and"SMP"are integrated through the remainder of Section 6.14,
where applicable.
1s1"Land Disturbing Permits" is correctly noted to match the Definitions section of this Ordinance and the
appropriate acronym for Land Disturbing Permits(LDPs) is included—NOTE. "Land Disturbing Permit"and"LDP"
are integrated through the remainder of Section 6.14, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 6-101
Article 6: Development Standards 65
Section 6.14: Stormwater Management
provisions of this Section, unless and until a Stormwater Management Plan (SMP) has
been reviewed and approved in accordance with Section 2.21.1 of this Ordinance.
(B) Compliance with Requirements
Any person engaged in new development activities as defined by this Section who fails to
file a plan in accordance with this Ordinance, or who conducts any new development
except in accordance with provisions of an approved Stormwater Management nlanSMP
shall be deemed in violation of this Ordinance.
(C) Enforceable Restriction
Approval of the c+nrm,.,ater Management nlanSMP shall require an enforceable
restriction on property usage that runs with the land, such as a recorded deed restriction
or protective covenants, to ensure that future development and redevelopment maintains
the site consistent with the approved SMP.
6.14.10 Operation and Maintenance of Stormwater Control Measures (SCMs)
(A) Posting of-Performance GuaranteesFinancial S^ for SCMs131
See Section 6.22 of this Ordinance for SCM performance guarantee standards.133 All
SGIVIsApproval of the SMP shall be conditioned on the posting of an SCM performance
puaranteeadeq a+e finanGial ���„ran e for the purpose of SCM construction, if SCM
c., edrmonstruction is applicable. maintenance, repairs or reconstruction necessary fo
dr
e .uate performance. Financial Tvance an� �-±I aarance the
assurance shell he On the form of one of th
adequate
134
0) ity for Con f Required Improvements'15
rT�Ses�,R,-��,--w,T&t�uEt+e�t�r �r
(a\a) The permit applicant shall provide one of the following as surety formerhehe
completion of required improvements:
r� A perfnrmanGe hnnra surety hnnrding c� therized
irk � rete a
t,r�AR irreVeGable letter Gred;'t or other TS# +Tear'!•,
�
cnn•iertihle in+n Goch at face value payable to (bonne GGUR+•�
Cash
of�
,1.,,.,
Cash plac escrow with rwith a financial institution designatea-_,arl e�
an official depository of Orange County-.
ly) The bond or other instrument zrshall he in an amp nte Iu ato 5
tomes the total cost of the SCM as estimated by the"applicant
and approved by the County Engineer.
!�i�Tot Total Cost
a The total cost of the sago shall include the following:
iThe yal -e of allall materials s Unh as and
other stn Gt Pres•
H. Seeding apd soil s+ahiliza+inn•
HI design and GRg'ReeF'Rg; nd
13z Clarification that posting of financial security is specific to"SCMs"only.
133 Reference to new section.
134 Section 6.14.10(A) revised to: 1) provide a correct reference to conditioned approval of the SMP, 2)clarify that
financial security for SCMs is only required if SCMs are applicable,and 3) include a reference to Section 6.22(NEW
SECTION).
131 SCM performance guarantee requirements have been moved to Section 6.22(NEW SECTION).
Orange County, North Carolina—Unified Development Ordinance Page 6-102
Article 6: Development Standards 66
Section 6.14: Stormwater Management
iV. r_radinn eXGavatiOR, fill e+r
b. The ros+s of+he SGIV shall net beprorated a art of a
larger n er+ but shall he rested a a separate n er+
`b) Failure to De rfn rm 437
a. Upon default of the permit applicant to complete and/or
maontain the crnn as spelled out in the performance
bond or other security, the County may obtain and use
all or any portion of the funds necessary to complete the
improvements based on an engineering estimate
rT�The Beard a.I,I-ret6I,rTn-aRy=f alnd s-r�+spc�t -ce;P'e#�Rg the
im prnyem en+s +e the n n+ity.
(2) Security for Maintenance of Required Im ements138
(a) The permit ppliEaTnt shall deposit with Qrange GG IRt y eitheFEash e
other ins+rUmen+approved by the Gey in+y A++eme"that is readily
cen"er+ihle in+e cash at fore value
(b)The Gash or security shall he On an amou nt equal to 15% of the total cost
of the sang or the estimated cost of maintaining the SGI\A over a ten "ear
period, whichever is greater.
li EstHnatedcr_ry orrra ntenanr-rcrnce_Coosts
a The estimated cost of maintaining the SCM shall he
rensis+en+with the approved o ra+inn and m n+enanre
plaR or manual previded by the develeper under. Ser--.t
b. hea�.ran ge"unt?halrn 111 bGC-9mrrrnp'uted by esti at''Tn,g-ihec
maintenance cost for 25 years and mUItiplying this
aMG6.n+ by+In,e_fif+hs Ar n
(c) Fami ire to Perform
/i) Upon default It of the owning entity to maintain, repair and, if
n--''errcessary, reconstruct the SCM On accordance with the
Operation and Maintenance Agreement the County shall obtain
and use all or any portion of the cash security to make necessary
im prnyements based on an engineering esfmate
9 Irh e endit�gyres of funds shall only he made after exhay sting
all other r ableremedies seeking the n en+i+"+e
rmmPl,with the terms and condi+inns of the Opera+inns and
Main+enanre Agreement
The GG IRt y shall nn+ ret Urn aRy of the depesi+ed rash f-ends
(B) SCM139 Maintenance and Upkeep
(1) SCM141 Operation and Maintenance Agreement (OMA)1a1
138 Staff recommendation that Orange County shall no longer require a Security for Maintenance of SCMs;to our
knowledge,this type of security is not required by General Statutes and fund management is problematic.
139 Clarification that Maintenance and Upkeep is specific to "SCMs"only.
"'Clarification that Operation and Maintenance Agreement is specific to "SCMs" only.
141 Added the appropriate acronym for SCM Operation and Maintenance Agreement(OMA)—NOTE: "OMA"is
incorporated through the remainder of Section 6.14, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 6-103
Article 6: Development Standards 67
Section 6.14: Stormwater Management
(a) The permit applicant shall enter into a binding SCM Operation and
Maintenance Agreement (OMA) between Orange County and all
interests in the development.
(b) The agreement OMA must include the following:
(i) Completed OMA cover sheet template as provided by the
Erosion Control Officer,142
()td Name and address of the person or organization financially
responsible for paying the-annual5-year SCM143 inspection fees;
{ iii Name(s) and address(es) of all parties to whom a copy of the
annual SCM inspection report should go,;
4i+) iv Name and address of the person or organization financially
responsible for all maintenance specified in the annual SCM
inspection report,L-,�
(v) Emergency contact information-, and
M(vi) SCM Operation and Maintenance Plan in accordance with
Section 6.14.10 (B) (2) of this Ordinance; the SCM Operation
and Maintenance Plan shall be attached to the OMA as
"Attachment A".144
(c) The °n,ee nent OMA shall require the owning entity to maintain, repair
and, if necessary, reconstruct the SCM in accordance with the operation
and M on+ Plan „ maRYal prepared by the develeperapproved
SMp.145
(d) The OperatiORs and MaiRteRaRGe AgFee eRtOMA shall be signed_-and
notarized,and filed/recorded146 with the Orange County Register of
Deeds.
(e) 147 in residential subdivisions ,,Where an Association (or similar entity)
Homeowner's Association will be assuming responsibility for all
permanent SCMs, but the Association had not yet been formed at the
time of OMA recordation by the owning entity, a signed and notarized
Horned niner'c Association Notification will be req ire and-a revised
OMArnaintenance agreemen+ must be submitted for subsequent
recordation at the Orange County Register of Deeds after the
Association is formed. This must be ni"on +„ the The revised/recorded
OMA must be submitted to the Orange County Planning Department
before the Land DisturbiRg Dorm;+LDP may be closed, and before any
remaining SCM Performance Guarantee funds
the n on+ cGnaS may be released.
14z Sub-section added to reflect the need to include Orange County's cover sheet for SCM Operation and
Maintenance Agreements.
143 Correct reference to the 5-year SCM inspection fee. Orange County does not enforce annual SCM inspection
fees.
144 Sub-section added to reflect the need to include the SCM Operation and Maintenance Plan as an attachment to
the SCM Operation and Maintenance Agreement;cross-reference to the appropriate Ordinance section provided.
14s Sub-section revised to correctly indicate that SCMs must be reconstructed in accordance with the approved
SMP.
141 Clarification that SCM Operation and Maintenance Agreement must be recorded.
141 Sub-section revised to clarify the correct requirements for Associations that are not yet formed at time of OMA
recordation.
Orange County, North Carolina—Unified Development Ordinance Page 6-104
Article 6: Development Standards 68
Section 6.14: Stormwater Management
(f) The owner of each SCM, whether eRg.Reered „r n„n_ong'Ree ed 148-shall
maintain it-the SCM149 so as not to create or result in a nuisance
condition.
(g) Every engineered 50-SCM installed pursuant to this Ordinance shall be
made accessible for adequate maintenance and repair by an SCM151
maintenance easement. The SCM maintenance152 easement shall be
recorded at the Orange County Register of Deeds153 and its the154 terms
shall specify who make use of the SCM maintenance 155 easement and
for what purposes.
(h) The owner of each Wired 156SCM shall keep records of SCM157
inspections, maintenances'58, and repairs and shall submit the same
upon reasonable request to the Erosion Control Officer.
(2) SCM159 Operation and Maintenance Plan (OMP)Iso
(a) 161An SCM Operation and Maintenance Plan (OMP)eperat'()R and
shall be provided by the �'e�a�oelop;owning
entity162 as an attachment to the OMA for each SCM in accordance with
Section 6.14.10 (B) (1)of this Ordinance. The OMP shall indicate fer
the following:
(i) What SCM163 operation and maintenance actions are needed,
(ii) What specific quantitative criteria will be used for determining
when those actions are to be taken, and
(iii) Who is responsible for those actions, consistent with the
QperatiGRs a^�',,d Maintenance AgreemeRtOMA.
(b) 164The standard mainteRaRGe p4nOMP shall specifically address, but is
not limited to:
(i) An Y MG of permanent vegetation,
(ii) Any-removalRemoval of woody vegetation (e.g. bushes, shrubs
and trees)from the dam of a wet deteRtiGR pondany dam/berm
structures,
14'An SCM is inherently engineered.
149 Clarification that the"SCM"shall be maintained.
Iso An SCM is inherently engineered.
1s1 Clarification that SCM maintenance easements are specific to"SCMs"only.
1s1 Clarification that SCM maintenance easements are specific to"SCMs"only.
1s1 Clarification that SCM maintenance easements must be recorded at Orange County Register of Deeds.
1s4 Text correction—replaced "its"with "the".
1ss Clarification that SCM maintenance easements are specific to"SCMs"only.
1s6 An SCM is inherently engineered.
1s'Clarification that records are specific to"SCMs"only.
1sa Text correction—deleted "s".
1s9 Clarification that SCM Operation and Maintenance Plan is specific to"SCMs"only.
16o Added the appropriate acronym for SCM Operation and Maintenance Plan (OMP)—NOTE: "OMP"is
incorporated through the remainder of Section 6.14, where applicable.
161 Sub-section revised to clarify the correct requirements for the SCM Operation and Maintenance Plan;cross-
reference to the appropriate Ordinance section provided.
161 Consistent use of"owning entity".
161 Clarification that operation and maintenance actions are specific to"SCMs"only.
164 Sub-section revised to fix grammar errors and improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 6-105
Article 6: Development Standards 69
Section 6.14: Stormwater Management
(iii) Reseeding of any eroding areas of the wet detention pepds
o}p�e�n�nhanpel n amines n buffers, and vegetated filter
"`pse
(iv) Replacement+r_g of impaired vegetation in a cons+n c+ed
wetlands or riparian buffer,
(v) Removal of sediment and/or debris from the 'trash rack'-on-anp
wet detention pond or sand fil+erinlet/outlet channels, inlet/outlet
pipes, forebays, trash racks, and riser/barrel structures, and
(vi) Repair of any damage/deterioration to structural aspects of wet
deteption popds pstn Gted W etlands levelspreaders, and
Sand SCM.
(c) The PIaR OMP shall clearly indicate the steps that will be taken for
restoring a SCM to its design specifications if an SCM165 failure occurs.
(3) Landscaping and Grounds Maintenance
(a) Landscaping and grounds maintenance shall be the responsibility of the
owning entity.
(b) Vegetation shall not be established or allowed to mature to the extent
that the integrity or functional ity166 of the control str, ^+ .reSCM is
diminished or threatened, or to the extent of interfering with any
easement or access to the SCM.
(4) SCM161 Repair or Reconstruction
(a) Except for general landscaping and grounds maintenance, the owning
entity shall notify the-Orange1611 County prior to any repair or
reconstruction of the SCM.
(b) After notification by the owning entity, the Erosion Control Officer shall
inform the owning entity of any required additions, changes or
modifications and of the time period to complete said SCM 169
improvements.
(c) All SCM170 improvements shall be made consistent with the approved
Nplans and specifications of the crop and the operations and
maintenance plan or man aISMP, the approved OMA, and the approved
OMP.171
rC� 172
inspections a�_and_r! RRelease ofSuri Sureties —
(1) County inspection„and Review.,
(a) The SGM shall he in eoted by the Erosion f`optrol OffiGer after the
E) yn;ng en� P„—+ifieshirn/her that all w erk has een GOMpplleted. Atthis
inspentien the o Rg entity shall p vide•
a. Thesigneddeed related easements and survey plat__for
the SCM ready for filing with the Orange County
Register of Heeds; and
16s Clarification that this sub-section is referencing an "SCM”failure.
166 Text correction—added "or functionality".
167 Clarification that this sub-section is referencing"SCM" repair or reconstruction.
16s Consistent reference to"Orange County".
169 Clarification that improvements are specific to"SCMs" only.
1'o Clarification that improvements are specific to"SCMs"only.
171 Clarification of SCM repair or reconstruction requirements.
171 SCM performance guarantee requirements have been moved to Section 6.22(NEW SECTION).
Orange County, North Carolina—Unified Development Ordinance Page 6-106
Article 6: Development Standards 70
Section 6.14: Stormwater Management
A cer+ifica+inns alerd by aeRgineer r Ianrdscape archi+ec+ G
the eXieRt that the General Statute Chapter Rt]A allow) stating
that the detention pond is complete and consistent with the plans
and specifications t,
/h)if project passes_�. a
inspectionn and the Erosion Control Officer accepts
the certification deed and easements he/she shall file the deed and
easements with the Orange County Register of deeds release p to
750% of the value of the performance bond or other security and issue a
Watershed Protection Compliance Derma for the SCM "- 3
(G)f d8fiGi8RGieS a e fns end the n Cnn+rod Officer shall direct that the
C�-l7�ferrvvrnrvrvmccrvrn�-r-vrrcct�c
necessary im ents he made and/nr dnn��ments n ected acrd
mi+ted fer approval. I PGR GE) retina the im entS shall
i ae
re_ spected �P
(2Watershed Protection Compliance Pere Required Prior to Occupancy
No Building Derma or Certificate of Occupancy may he iss� ed in the absence of
a valid Watershed Protection Compliance Dermic
(t3) Rel-ease of Remaining SeGuT-4 I
(a) No- osooner ft
than one year after the filing date off thedeezrc-ed c.-cr, easeme_�_�nts_and
maintenance agreement, the developer may petition the Board of County
Commossioners to releae the remaining value of the performance bond
or other security.-
(b)
ec riff,
!b1 f id tion the n Cnntrnl Offi II the
�� a;-rese;;Tt-ersa�-pe#��p� s♦emeeT nspest�
SUMto determine whether the con+roll are erfnrming as designed and
intended
n-rccr�ccr
(s)The Eresien G entrel QffiGeFsh„a shall the Peti asp ep;m
estac�r
anal r enda+inns to the Roam1 of f nYn+„Cnmmissinners
(dd) Board of County w^mr....et....... Reeyie
if the Board of County Commissioners approves reportt�i ivrl
accepts the petition the developer shall deposit with Orange
County a cash amount equal to that described On Section
R 1 it 1 O(C)(5) after which the Board of County Commissioners
shall release the performance bond or other security.
If the 60-ard of Cn''nfi,Cnmmissieners does nota ept the r er+
acrd rejects the ne+i+inn it shall n vide the developer with
ins+n Hntinns to n est a y deficiencies acrd all s+enc n
GGessar
fer the release of the performance hand n other secs irity
(4)(5) Annual SCM 174 Inspection Required
(a) All SCMs shall be inspected by the owning entity at least on an annual
basis to determine whether the controlsaareSCM is!-75-performing as
designed and intended.
(b) Records of inspections shall be submitted annually to the Erosion
Control Officer on forms approved by Orange County.
the r ect requirements.
1'4 Clarification that an annual inspection of the"SCM” is required.
171 Reference to the"SCM" rather than "controls".
Orange County, North Carolina—Unified Development Ordinance Page 6-107
Article 6: Development Standards 71
Section 6.14: Stormwater Management
(c) Annual inspections shall begin within one year of the f;l;n^ date of+he
,-leer) for the cGnn.issuance of the Certificate of Stormwater Compliance
for the SCM.176
(d) The Erosion Control Officer will inspect each SCM approved pursuant to
these rules approximately every five years. In the event the Erosion
Control Officer discovers the need for corrective action of improvements,
he/she shall notify the owning entity of the needed SCM 177 improvements
and the date by which the corrective action is to be completed. All
SCM178 improvements shall be made consistent with the PIaRs and
&P&G... .op of+he Stour Water oop+rol s+rHo+6Ire and the operation and
maip+epap^e play or maRua4approved SMP and the approved OM .179
After notification by the owning entity, the Erosion Control Officer shall
inspect and approve the completed SCM180 improvements.
(5)(6) Annu t 5-year SCM181 Maintenance Inspection Fee
(a) The€e_-5-year SCM maintenance inspection fee for the first 5-year
period 182 shall be paid before:
(l) The release of any Final Certificate of Occupancy for Non_
Residential Proper issuance of the Certificate of Stormwater
Compliance for the SCM.183
(II) The release of the construction bond for Residential or Non_
Residential Proper release of up to 75% of the value of the
SCM Performance Guarantee.184
(b) The fee-5-year SCM maintenance inspection fee shall be based upon the
current Orange County Planning Fee Schedule, and shall be paid to
Orange County following each aRR61al 5-year SCM185 inspection.
(c) Failure to pay the Annual Maintenance inspection Fee5-year SCM
maintenance inspection fee shall be deemed a violation of this
Ordinance.
6.14.11 Amendments to Approved Clans and Spe^ificationsSCMS186
(A) Minor Amendments to Approved SCM187 Plans and Specifications
176 Clarification of requirements.
17 Clarification that this is referencing"SCM" improvements.
178 Clarification that this is referencing"SCM" improvements.
179 Clarification of requirements.
...Clarification that this is referencing"SCM" improvements.
1s1 Correct reference to the 5-year inspection fee. Orange County does not require annual SCM inspection fees—
NOTE: "5-year SCM maintenance inspection fee"is integrated through the remainder of Section 6.14, where
warranted.
"I Clarification of requirements.
...Clarification of requirements.
184 Clarification of requirements.
115 Clarification of requirements.
1s6 Section 6.14.11 describes the processes for amendments/revisions to approved SCM plans and specifications,
as well as amendments/revisions to the SCM Operation and Maintenance Agreement, so the title of Section
6.14.11 has been revised to"Amendments to Approved SCMs".
18'Clarification that this sub-section is referencing"Approved SCM" Plans and Specifications.
Orange County, North Carolina—Unified Development Ordinance Page 6-108
Article 6: Development Standards 72
Section 6.14: Stormwater Management
(1) Amen,tmentS Minor amendments to the approved SCM plans and specifications
Af thin SCM
may be
approved by the Erosion Control Officer, provided that the proposed'$$changes
do not involve a change in the type of the SCM, a change in the location of the
SCM, or an SCM area/volumesize increase greater than 50% of the approved
SCM area/volume or ^f the c+r n+ iro 189
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect(to the extent that the-General Statute-Chapter
89A;allows)190 and submitted for review by the Erosion Control Officer.
(3) Erosion Control Officer Review
(a) If the Erosion Control Officer approves the proposed changes, the
owning entity of the stermwater,.entre) Str„et„reSCM shall file sealed
copies of the revisions with the Erosion Control Officer.
(b) If the Erosion Control Officer disapproves the proposed191 changes, the
proposal may be revised and resubmitted as a new proposal. If the
proposal has not been revised and is essentially the same as that
already reviewed, it shall be returned to the appl+Eantowning entity'9z
(c) The Erosion Control Officer shall report any such revisions to the Beard
Of CO info Gemm is of- - - it the next available b sinecc
meeting Planning Director.
(B) Major Amendments to Approved SCM193 Plans and Specifications
(1) AmeRdments to theMaior amendments to the approved SCM plans and
specifications of the SCM anal/er the a ration and m mtepanee plane MaRual
which involve a change in the type of the SCM, a change in the location of the
SCM, or an SCM area/volume increase greater than 50% of the approved SCM
area/volume sizeor loc-at�ff the stri ipt6ire may be approved by the Board 0
County Planning Director after receiving a recommendation from
the Erosion Control Officer.
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect(to the extent that the General Statute&, Chapter
89A;allows194) and submitted to and reviewed by the Erosion Control Officer.
(3) Planning Director Review'95
(a) If the Planning Director approves the proposed changes, the owning
entity of the SCM shall file sealed copies of the revisions with the Erosion
Control Officer.
(b) If the Planning Director disapproves the proposed changes, the proposal
may be revised and resubmitted as a new proposal. If the proposal has
not been revised and is essentially the same as that already reviewed, it
shall be returned to the applicant.
188 Text correction-added "proposed".
189 Clarification of requirements.
191 Text corrections.
191 Text correction—added "proposed".
191 Consistent use of"owning entity".
193 Clarification that this sub-section is referencing"Approved SCM" Plans and Specifications.
194 Text corrections.
les Clarification of requirements.
Orange County, North Carolina—Unified Development Ordinance Page 6-109
Article 6: Development Standards 73
Section 6.14: Stormwater Management
(C) Revision of Plans Found to be Inadeq ro4oApproved SCM Operation and
Maintenance Agreement (OMA)196
If the Count the Erosion Control Officer finds that the operations and maintenance plan
or rnanoa4SCM Operation and Maintenance Agreement (OMA) is inadequate for any
reason due to proposed changes to the SCM, the owning entity shall be notified by the
Erosion Control Officer of any required changes and shall pre^tea;e-and-file/record espies
of thea revised agreement OMA with the Orange County Register of Deeds. —the
r.,ntr„i Offi..or, and the GWRing e#ityThe revised OMA shall be submitted to the
Erosion Control Officer for review and approval prior to recordation by the owning
entity 197
6.14.12 Stormwater Discharges
(A) Applicability
The regulations contained herein shall be applicable to all new development and existing
projects within the-Orange 198 County planning jurisdiction.
(B) In General
(1) Orange County herein establishes methods for controlling the introduction of
pollutants into the stormwater collection system or receiving waters.
(2) No person shall discharge or cause to be discharged into the stormwater
collection system or receiving waters any materials, including but not limited to
pollutants or waters containing any pollutants that cause or contribute to a
violation of applicable water quality standards, other than stormwater.
(3) Orange County Planning and Inspections shall collect information related to
stormwater discharges from all applicable sources within its jurisdiction.
(C) Allowable Discharges
The commencement, conduct, or continuance of any illegal discharge to the stormwater
collection system or receiving waters is prohibited. However, the following discharges are
exempt from discharge prohibitions established by this Ordinance provided that they do
not significantly impact water quality:
(1) Waterline flushing,
(2) Landscape irrigation,
(3) Diverted stream flows,
(4) Uncontaminated rising groundwater,
(5) Uncontaminated groundwater infiltration to the stormwater collection system,
(6) Uncontaminated pumped groundwater,
(7) Discharges from potable water sources,
(8) Foundation drains,
(9) Uncontaminated air conditioning condensation,
(10) Irrigation water,
(11) Springs,
196 Clarification of requirements—this sub-section had been erroneously titled.
197 Clarification of requirements.
198 Consistent reference to"Orange County'.
Orange County, North Carolina—Unified Development Ordinance Page 6-110
Article 6: Development Standards 74
Section 6.14: Stormwater Management
(12) Water from crawl space pumps,
(13) Footing drains,
(14) Lawn watering,
(15) Non-commercial car washing,
(16) Flows from riparian habitats and wetlands,
(17) NPDES permitted discharges,
(18) Street wash water,
(19) PiFe f*gh#RgFirefighting emergency activities,
(20) Wash water from the cleaning of buildings,
(21) Dechlorinated backwash and draining associated with swimming pools,
(22) Flows from firefighting,
(23) Discharges specified in writing by the County as being necessary to public health
and safety,
(24) Dye testing is an allowable discharge, but requires verbal notification to the
Erosion Control Officer prior to the time of the test, and
(25) Any non-stormwater discharge permitted under an NPDES permit, waiver, or
waste discharge order issued to the discharger and administered under the
authority of the Federal Environmental Protection Agency, provided that the
discharger is in full compliance with all requirements of the permit, waiver, or
waste discharge order and other applicable laws and regulations, and provided
that written approval has been granted for any discharge to the stormwater
collection system.
(D) Prohibited Discharges
(1) It is a violation of this Ordinance for any person to discharge any substance into
the stormwater collection system or receiving waters which by its nature, may:
(a) Become a public health hazard endangering human or animal health.
(b) Interfere with the free and rapid flow of surface water,
(c) Be flammable or explosive,
(d) Be toxic to human, animal or plant life,
(e) Be corrosive or damaging to the stormwater collection system, or
(f) Affect adversely the State of North Carolina classification of the stream
into which the discharge flows.
(2) Non-allowable discharges include, but are not limited to, the following:
(a) Dumping of oil, anti-freeze, chemicals, garbage, paint or cleaning fluids,
(b) Untreated animal waste,
(c) Commercial car washes,
(d) Industrial discharges,
(e) Contaminated foundation drains,
(f) Cooling water unless no chemicals are added, and a NPDES permit is in
place,
(g) Washwaters from commercial and industrial activities,
(h) Sanitary sewer discharges,
Orange County, North Carolina—Unified Development Ordinance Page 6-111
Article 6: Development Standards 75
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(a) Notwithstanding other requirements of law, as soon as any person
responsible for a facility or operation, or responsible for emergency
response for a facility or operation (the financially rResponsible
P-er party199) has information of any known or suspected release of
materials which are resulting or may result in illegal discharges or
pollutants discharging into or may reach the stormwater collection
system or waters of Orange County, the fPinancially rResponsible
P--ersen-party shall take all necessary steps to ensure the discovery,
containment, and cleanup of such discharge.
(b) In the event of such a discharge of hazardous materials, the fl=inancially
rResponsible RerSerparty shall immediately notify emergency response
agencies of the occurrence via emergency dispatch services, and shall
notify the Erosion Control Officer within 24 hours.
(c) In the event of a discharge of non- hazardous materials, the fl=inancially
rResponsible Person party shall notify the Erosion Control Officer no
later than the next business day.
(d) All notifications shall be confirmed by written notice addressed and
mailed to the Orange200 County within three business days of the
discharge.
(e) Notification shall not relieve the f_Pinancially rResponsible Person party
of:
(i) Any liability or expense related to the discharge.
(ii) Restoration of any area affected by the discharge to preexisting
conditions.
(iii) Liability or violation of any regulatory body of the-Orange201
County, State or Federal government.
Section 6.15: EROSION AND SEDIMENTATION • •
6.15.1 Purpose and Intent
(A) Overall
(1) The regulations and standards included herein have been adopted for the
purposes of:
(a) Regulating the clearing, grading, excavation, filling and manipulation of
the earth and the moving and storing of waters in order to:
(i) Control and prevent accelerated soil erosion and sedimentation,
(ii) Prevent the pollution of water,
(iii) Prevent damage to public and private property,
(iv) Maintain the balance of nature,
(v) Prevent the obstruction of natural and artificial
dFaiRagewaysdrainage ways,
(vi) Inhibit flooding, and
199 Consistent use of"financially responsible party"so as to match the Definitions section of this Ordinance—
NOTE: "financially responsible party"is integrated through the remainder of Section 6.14, where applicable.
zoo Consistent reference to"Orange County".
101 Consistent reference to"Orange County".
"I Title of Section 6.15 revised so as to match the naming conventions of other section titles related to"Erosion
and Sedimentation Control Plans"as defined in 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 6-113
Article 6: Development Standards 76
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(f) To protect and maintain the existing habitat of fish and wildlife.
(g) To prevent damage from flooding while recognizing that natural
fluctuations in water levels are beneficial.
(h) To protect the absorptive, purifying and retentive functions of the natural
systems existing in the University Lake, Cane Creek, and Upper Eno
Watersheds area.
(i) To ensure the attainment of these objectives by requiring the approval
and implementation of Sedimentation and Erosion Control Planserosion
and sedimentation control plans203 for all activities which may adversely
affect the University Lake, Cane Creek, and Upper Eno Watersheds.
(j) To provide and enforce design and performance standards for control of
post-development erosion and sedimentation in order to preserve the
characteristics that existed in the University Lake, Cane Creek, and
Upper Eno Watersheds Area prior to development.
6.15.2 Applicability
(A) The SG4204-erosion and sedimentation control provisions contained herein shall apply
within Orange County, including the municipalities of Carrboro, Hillsborough, and the
portion of Mebane within Orange County, but excluding the municipal boundaries and
planning extraterritorial limits of Chapel Hill.
(B) It shall be unlawful, within the jurisdiction of this Section, to engage in land-disturbing
activity, except as provided herein, without first obtaining a permit Land Disturbing Permit
LDP 205 as required by this Section and without complying with the conditions of the
issuance of said pe.F 4QP.
(C) Any person engaged in land-disturbing activities who fails to file a plaeapply for an
LDP206 in accordance with this Ordinance, or who conducts a land-disturbing activity
except in accordance with provisions of an approved LDP shall be deemed in
violation of this Ordinance.
6.15.3 Erosion Control Standards
(A) Orange County Erosion Contro1201 Standards
Requirements, standards, and specifications for eFOSien ^^n+r^' plaRserosion and
sedimentation control plans208 and erosion control techniques, measures, and devices
are contained in the most
current version of the North Carolina Erosion and Sediment Control Planning and Design
203 Consistent use of"erosion and sedimentation control plans".
204 Deleted "soil".
los"Land Disturbing Permit" is correctly noted to match the Definitions section of this Ordinance and the
appropriate acronym for Land Disturbing Permit(LDP) is included—NOTE: "Land Disturbing Permit"and"LDP"
are integrated through the remainder of Section 6.15, where applicable.
206 Clarification of requirements.
201 Clarification that this sub-section is specific to"Orange County erosion control standards"
208 Consistent use of"erosion and sedimentation control plan"as defined in 15A NCAC 02H.1002(Definitions)—
NOTE: "erosion and sedimentation control plan"is integrated through the remainder of Section 6.15, where
applicable.
Orange County, North Carolina—Unified Development Ordinance Page 6-115
Article 6: Development Standards 77
Section 6.15: Soil Erosion and Sedimentation Control201 F
Manual (NC Erosion Control Manual)209. Cepies of the Manual are available from
Erns on C:An+rA' D va;m„n Af tho Orange CO Rty Planning & Incnon+iens Departmen+ 210
(B) Revisions to the-Orange County Erosion Contro121 Standards
Corrections, revisions, and amendments to the Soil EFOGi R and Sediment r`ORtFol
MaR6ia!Orange County erosion control standards21212 shall be made upon recommendation
of the Erosion Control Officer-and-approval by the Planning Director, and approval by
the 213 Orange County Board of Commissioners.
(C) Consistency Between Ordinance and Orange County Erosion Contro1211 Standards
Nothing in this Section shall be construed to allow approval of a-piangn LDP which is
inconsistent with the mandatory standards set forth in Section 6.15.7(B) of this Ordinance
or any other provision of this Ordinance.
6.15.4 Exclusions
The regulations established within this Section shall not apply to the following land---disturbing
activities:
(A) Agriculture
Activities undertaken on agricultural land for the production of plants and animals useful
to man, including, but not limited to:
(1) Forages and sod crops, grains and feed crops, tobacco, cotton and peanuts;
(2) Dairy animals and dairy products,;
(3) Poultry and poultry products.,-
(4)
roducts;(4) Livestock, including beef cattle, sheep, swine, horses, ponies, mules or goats,
including the breeding and grazing of any or all such animals.,-
(5)
nimals;(5) Bees and apiary products.;and
(6) Fur producing animals.
(B) Forestland
(1) Activities undertaken on forestland for the production and harvesting of timber
and timber products and conducted in accordance with best management
practices set out in Forest Practice Guidelines Related to Water Quality as
adopted by the Department.
(2) If land-disturbing activity undertaken on forestland for the production and
harvesting of timber and timber products is not conducted in accordance with
Forest Practice Guidelines Related to Water Quality, the provisions of this
Ordinance shall apply to such activity and any related land--disturbing -activity on
the tract.
(C) Mining
Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter
74 of the General Statues.
209 Correct reference to the North Carolina Erosion and Sediment Control Planning and Design Manual (NC Erosion
Control)—NOTE. "NC Erosion Control Manual'is integrated through the remainder of Section 6.15, where
applicable.
zlo The Division does not provide copies of the Manual to the public.
211 Clarification that this sub-section is specific to"Orange County erosion control standards".
212 Clarification that this sub-section is specific to"Orange County erosion control standards".
z13 Planning Director approval of"Orange County erosion control standards" is needed prior to BOCC approval.
21a Clarification that this sub-section is specific to"Orange County erosion control standards".
Orange County, North Carolina—Unified Development Ordinance Page 6-116
Article 6: Development Standards 78
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(D) State Jurisdiction
Those land-disturbing activities over which the State by statute (G.S. 113A-56(a)) has
exclusive regulatory jurisdiction, which are activities:
(1) Conducted by the State,
(2) Conducted by the United States,
(3) Conducted by persons having the power of eminent domain,
(4) Conducted by local governments, or
(5) Funded in whole or in part by the State or the United States.
6.15.5 General Requirements for Areas Other Than University Lake, Cane Creek, and Upper Eno
Watersheds
(A) Protection of Property
(1) Person(s) conducting land-disturbing activityies shall take all reasonable
measures to protect all public and private property from damage by such
aGtiVitieeland-disturbing activity.
(2) The disposal of trees, limbs, stumps and construction debris associated with the
aTland-disturbing activity shall be by some method other than open
burning.
(3) This requirement shall apply to any areas to be disturbed, regardless of the size
of the area to be uncovered.
(B) Erosion and Sedimentation Control Plan Requirement
(1) Prior to the commencement of any land-disturbing activity that will result in the
uncovering of more than 20,000 square feet of land, the person(s) conducting the
land-disturbing activity must prepare and submit an Eresiererosion and
sedimentation control planCE)Rtrsl Plae for the proposed site.
(2) The erosion and sedimentation control planP4arn shall specify the method of
disposal of trees, limbs, stumps and construction debris associated with the
activity; which shall be by some method other than open burning.
(3) The erosion and sedimentation control planP4arn must be approved and aid
Disturbing oormi an LDP obtained prior to the start of the d-isturba-nGeland-
disturbing activity.
6.15.6 General Requirements for University Lake, Cane Creek, and Upper Eno Watersheds
(A) Protection of Property
(1) Person�s)Z--5 conducting land-disturbing activity shall take all reasonable
measures to protect all public and private property from damage by such
t'vittesland-disturbing activity.
(2) The disposal of trees, limbs, stumps and construction debris associated with the
land-disturbing activity shall be by some method other than open burning,2'6
(3) This requirement shall apply to any areas to be disturbed, regardless of the size
of the area to be uncovered.217
(2) This requirereept shall apply to aRy aFea to be disturbed.
Zls Text correction—added parenthesis for consistency with previous sub-section.
216 Added Item 2 and Item 3 for consistency with Section 6.15.5 (A)of this Ordinance.
217 Added Item 2 and Item 3 for consistency with Section 6.15.5 (A)of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 6-117
Article 6: Development Standards 79
Section 6.15: Soil Erosion and Sedimentation Control201 F
(B) Erosion and Sedimentation Control Plan Requirement
(1) Except as otherwise provided in Section 6.15.6(C) of this Ordinance218, an
erosion and sedimentation control plan shall be prepared and.19filed with and
approved by the Erosion Control Division prior to the commencement of any
land-disturbing activity within the University Lake, Cane Creek, and Upper Eno
Watersheds.
(2) The erosion and sedimentation control P--lanIp an shall specify the method of
disposal of trees, limbs, stumps and construction debris associated with the
activity; which shall be by some method other than open burning.
(C) Erosion and Sedimentation Control Plan Waiver
(1) The person(s) conducting the land-disturbing activity need not submit an €resieR
erosion and sedimentation SeetrelPlaecontrol plan if such person obtains an
Eresiererosion and sedimentation SeetrelPlaecontrol plan Waiverwaiver from
the Erosion Control Division.
(2) An application for this waiver shall be submitted to the Erosion Control Officer
and shall contain the following:
(a) The name, address, and phone number of the developer and owner,
(b) A description and drawing of the proposed development or activityland-
disturbing activity,
(c) The location of the development, and
(d) Any other information requested by the Orange County Erosion Control
Officer that is reasonably necessary to evaluate the proposed
development.
(3) The Erosion Control Officer shall issue the erosion and sedimentation control
PIaR Waive plan waiver if he/she finds the following:
(a) The land-disturbing activity will not result in the uncovering of more than
10,000 square feet; and
(b) The land-disturbing activity is not to be conducted in connection with any
of the following types of developments:
(i) Shopping centers,
(ii) Industrial and commercial facilities,
(iii) Major subdivisions,
(iv) Roads, or
(v) Any activity involving the temporary or permanent storage
(above or below ground) of any noxious, toxic, or hazardous
substance, including fuel storage facilities.
(c) The proposed land-disturbing activity will not:
(i) Significantly increase or decrease the rate or volume of surface
water runoffs;
(ii) Significantly contribute to the degradation of water runoffs;
(iii) Have a significant adverse impact on a wetland, watercourse, or
water supply reservoir,;
Zls consistent reference to"this Ordinance".
219 Text correction—deleted "prepared and".
Orange County, North Carolina—Unified Development Ordinance Page 6-118
Article 6: Development Standards 80
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(iv) Occur within a buffer area circumscribing a water supply
reservoir;or
(v) Involve open burning of trees, limbs, stumps and construction
debris associated with the permitted activity.
6.15.7 Design and Performance Standards
(A) Basic Control Objectives
An Erosion and Sedimentation Control Plan may be disapproved pursuant to Section
2.19 of this Ordinance if the plan-erosion and sedimentation control plan fails to address
the following control objectives:
(1) Identify Critical Areas
On-site areas which are subject to severe erosion, and off-site areas which are
especially vulnerable to damage from erosion and/or sedimentation, are to be
identified and receive special attention, and appropriate m �mitigation220
measures are to be taken to protect those areas.
(2) Plan for Erosion Control
(a) Design the development and prepare the site plan so that the necessary
sediment-trapping devices and erosion control measures can be
accommodated and are accessible for maintenance and removal.
(b) Observe the requirements and standards in Orange County's Semi
Erosion and Sediment Control Manual and the Nerth Carolina Ero
r„n+.,,1 oIa1A1R,,,,. and Desig nthe most current version of
the 221 NC Erosion Control Manual.
(3) Limit Exposed Areas
All land-disturbing activities are to be planned and conducted to minimize the
size of the area to be exposed at any one time.
(4) Limit Time of Exposure
All land-disturbing activities are to be planned and conducted to limit exposure to
the shortest feasible time.
(5) Control Upgrade 222 Stormwater Runoff223
Surfacewater-Stormwaterrunoff originating upgrade of exposed areas should be
controlled to reduce erosion and sediment loss during the period of exposure.
(6) Control Sedimentation
All land-disturbing activities are to be planned and conducted so as to prevent
off-site sedimentation damage.
(7) Manage On-Site 224 Stormwater Runoff
When the increase in the peak rates and velocity of storm-water runoff resulting
from a land-disturbing activity is sufficient to cause accelerated erosion of the
receiving watercourse, plate are tethe erosion and sedimentation control plan
shall include measures to control the velocity and the rate of release at the point
22'Text correction—replaced "mitigative"with "mitigation".
221 Consistent reference to"most current version"of the NC Erosion Control Manual.
222 Text correction—added "Upgrade"so as to differentiate this sub-section from Section 6.15.7(A) (7).
223 Consistent use of"stormwater runoff'—NOTE. "storm water runoff"is integrated through the remainder of
Section 6.15, where applicable.
224 Text correction—added "On-Site"so as to differentiate this sub-section from Section 6.15.7(A) (5).
Orange County, North Carolina—Unified Development Ordinance Page 6-119
Article 6: Development Standards 81
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
of discharge so as to minimize accelerated erosion of the site and increased
sedimentation of the stream.
(8) Open Burning
The erosion and sedimentation control P-4a+pplan shallould225 specify the method
of disposal of trees, limbs, stumps and construction debris associated with the
aGtivltyland-disturbing activity; which shall be by some method other than open
burning.
(B) Mandatory Design and Performance Standards for Land-Disturbing Activity
No land-disturbing activity subject to the provisions of this Section shall be undertaken
except in accordance with the following mandatory standards:
(1) Buffer Zone
(a) No land-disturbing activity,,,,ring periods ^f ()RStF ,GtiE)R OF iMprevemeRt
to 4aad 2-26-shall be permitted in proximity to a lake or natural watercourse
unless a buffer zone is provided along the margin of the watercourse of
sufficient width to confine visible siltation within the 25% of the buffer
zone nearest the land-disturbing activity.
(b) Unless otherwise provided, the width of a buffer zone is measured from
the edge of the water to the nearest edge of the disturbed area, with the
25% of the strip nearer the land--disturbing-activity containing the natural
or artificial means of confining visible siltation.
(c) Waters Classified as Trout Waters by the Environmental Management
Commission
(i) Waters that have been classified as trout waters by the
Environmental Management Commission shall have an
undisturbed buffer zone 25 feet wide or of sufficient width to
confine visible siltation within the 25% of the buffer zone nearest
the land-disturbing activity, whichever is greater.
(ii) The 25 foot minimum width for an undisturbed buffer zone
adjacent to designated trout waters shall be measured
horizontally from the top of the bank.
(iii) T*K,-0range27 County may approve plans which include land-
disturbing activity along trout waters when the duration of said
dost,� e land-disturbing activity would be temporary and the
extent of said dna t g land-disturbing activity would be
minimal. This subsection shall not apply to a land-disturbing
activity in connection with the construction of facilities to be
located on, over, or under a lake or natural watercourse.
(iv) Where a temporary and minimal disturbance land-disturbing
activity is permitted as an exception by Section
6.15.7(B)(1)(c)(iii)of this Ordinance, land-disturbing activityles in
the buffer zone adjacent to designated trout waters shall be
limited to a maximum of 10% of the total length of the buffer
zone within the tract to be disturbed, such that there is not more
than 100 linear feet of disturbance in each 1,000 linear feet of
buffer zone. Larger areas may be disturbed with the written
approval of the Director of the Division of Land Resources of the
Department of Environment and Natural Resources.
ZZs Text correction—grammar fix.
226 Deleted "during periods of construction or improvement to land"-this was extraneous text.
227 Consistent reference to"Orange County'.
Orange County, North Carolina-Unified Development Ordinance Page 6-120
Article 6: Development Standards 82
Section 6.15: Soil Erosion and Sedimentation Control201 F
(v) No land-disturbing activity shall be undertaken within a buffer
zone adjacent to designated trout waters that will cause adverse
temperature fluctuations, as set forth in 15 NCAC 28.0211 Fresh
Surface Water Classification and Standards, in these waters.
(2) Graded Slopes and Fills
(a) The angle for graded slopes and fills shall be no greater than the angle
which can be retained by vegetative cover or other adequate erosion
control devices or structures.
(b) Slopes left exposed shall, withiR 21 GaleR ar.Joys Of GOMPletiOR of an„
phase of grad;p be planted or otherwise provided with ground cover,
devices, or structures sufficient to restrain erosion, within the timelines as
specified in the most current version228 of the NC Erosion Control
Manual.
(3) Undisturbed Area
Because soils which are seriously disturbed, even if re-vegetated, can generate
nearly as much run-offstormwater runoff 229 as paved areas, a portion of property
being developed within watershed critical areas must remain undisturbed during
construction. See Table 6.15.7.B.3: Undisturbed Area (below).
TABLE 6.15.7.B.3: UNDISTURBED AREA
DISTRICT UNDISTURBED AREA
The area necessary to meet impervious surface
requirements shall remain undisturbed during the
UNIV-CA construction process.
CANE-CA The area to remain undisturbed shall include portions
U-ENO-CA of the lot utilized for stormwater infiltration.
All clearing limits shall be clearly marked and
observed.
All other Watershed Overlay Districts As may be required pursuant to an approved grading
permit or erosion control plan LDP.
(4) Ground Cover
(a) Whenever land-disturbing activity is undertaken on a tract comprising
more than 20,000 square feet, if more than 20,000 square feet are
uncovered, the person conducting the land-disturbing activity shall install
such sedimentation and erosion control devices and practices as are
sufficient to retain the sediment generated by the land-disturbing activity
within the boundaries of the tract during construction upon and
development of said tract, and shall plant or otherwise provide a
permanent ground cover sufficient to restrain erosion after completion of
construction or development.
221 Consistent reference to"most current version"of the NC Erosion Control Manual.
229 Consistent use of"stormwater runoff".
Orange County, North Carolina—Unified Development Ordinance Page 6-121
Article 6: Development Standards 83
Section 6.15: Soil Erosion and Sedimentation Control201 F
(b) Except as provided in Section 6.15.7(B)(6)(e) 230of this Ordinance,
provisions for a ground cover sufficient to restrain erosion must be
accomplished within 15 working days OF 90 Galendar days, whiGheve
period is shor+orthe timelines as specified in the most current version23'
of the NC Erosion Control Manual, following completion of construction
or development.
(5) Design Storm
(a) Except as provided in Section 6.15.7(B)(6)(b) 232of this Ordinance and in
the standard for sediment ponds in the Soil EFE)SI ,n and Sed!Monf
most current version233 of the NC Erosion Control
Manual, erosion and sedimentation control measures, structures, and
devices shall be so planned, designed, and constructed as to provide
protection from accelerated erosion and sedimentation from the
calculated maximum peak rates of stormwater runoff234 from the ten-year
frequency storm.
(b) Runoff Stormwater runoff rates shall be calculated using the procedures
in the USDA Soil Conservation Service's "National Engineering Field
Manual for Conservation Practices," or other calculation procedures
acceptable to the Erosion Control Officer.
(6) Standards for High Quality Waters
In High Quality Water(HQW)zones the following design standards shall apply:
(a) Uncovered Areas
(i) Uncovered areas in HQW zones shall be limited at any time to a
maximum total area of 20 acres within the boundaries of the
tract.
(ii) Larger areas may be uncovered within the boundaries of the
tract with the written approval of-py the Director of the Division of
Land Resources of the Department of Environment and Natural
Re,«sources:The Division of Mineral and Land Resources
DE( MLR).235
(b) Erosion and Sedimentation Controls
(i) Erosion and sedimentation control measures, structures, and
devices within HQW zones shall be so planned, designed, and
constructed to provide protection from the stormwater runoff of
the 25-year storm which produces the maximum peak rate of
stormwater runoff.
(ii) The peak rate of stormwater runoff shall be calculated according
to procedures in the United States Department of Agriculture Soil
Conservation Service's National Engineering Field Manual for
Conservation Practices or according to procedures adopted by
any other agency of this state or the United States or any
generally recognized organization or association.
(c) Sediment Ponds
21'Text correction—added a space.
231 Consistent reference to"most current version"of the NC Erosion Control Manual.
232 Text correction—added a space.
233 Consistent reference to"most current version"of the NC Erosion Control Manual.
234 Consistent use of"stormwater runoff"—NOTE.the use of"stormwater runoff"is implemented through
remainder of Section 6.15,as applicable.
231 Correction of entity name.
Orange County, North Carolina—Unified Development Ordinance Page 6-122
Article 6: Development Standards 84
Section 6.15: Soil Erosion and Sedimentation Control
(i) Sediment ponds (also called "sediment basins")within HQW
zones shall be designed and constructed such that the pond will
have a settling efficiency of at least 70% for the 40 micron (0.04
mm)size soil particle transported into the basin by the
stormwater runoff of that 2-year storm which produces the
maximum peak rate of stormwater runoff.
(ii) The peak rate of stormwater runoff shall be calculated according
to procedures in the United States Department of Agriculture Soil
Conservation Service's National Engineering Field Manual for
Conservation Practices or according to procedures adopted by
any other agency of this state or the United States or any
generally recognized organization or association.
(d) Open Channels
(i) Newly constructed open channels in HQW zones shall be
designed and constructed with side slopes no steeper than 2
horizontal to 1 vertical if a vegetative cover is used for
stabilization
(ii) Steeper slopes may be permitted if soil conditions permit a
steeper slope or where the slopes are stabilized by using
mechanical devices, structural devices or other acceptable
devices.
(iii) In any event, the angle for side slopes shall be sufficient to
restrain accelerated erosion.
(e) Ground Cover
(i) Ground cover sufficient to restrain erosion must be provided for
any portion of a land--disturbing-activity in a HQW zone within-7
days and/or.!5 working clove OF 60 GalendaF days whiGheyer
ponied Is shr r+or the timelines specified for HQW zones in the
most current version236 of the NC Erosion Control Manual,
(7) Prior Erosion and Sedimentation Control Plan Approval
No person shall initiate any land-disturbing activity on a tract if more than 20,000
square feet are to be uncovered unless, 30 or more days prior to initiating the
aet+v+tgland-disturbing activity, an erosion and sedimentation control plan for such
aet+v+ty-land-disturbing activity is filed with and approved by Oranget-he237 County
and approved, and a I and Disturbing oor,,i+an LDP obtained from the-
County. The land-disturbing activity shall be conducted in accordance with the
approved erosion and sedimentation control plan.
(C) Additional Standards for Land-Disturbing Activity in University Lake, Cane Creek,
and Upper Eno Watersheds
In addition to the provisions of Subsection (B) above, the design, construction, and
maintenance of drainage systems in developments within the University Lake, Cane
Creek, and Upper Eno Watersheds shall also be consistent with the following standards,
and these standards shall control to the extent that they are more restrictive than those
set forth in Subsection (B) above:
(1) Channeling Stormwater Runoff
...Consistent reference to"most current version"of the NC Erosion Control Manual.
Z3'Consistent reference to"Orange County".
...Consistent reference to"Orange County".
Orange County, North Carolina—Unified Development Ordinance Page 6-123
Article 6: Development Standards 85
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(a) Channeling stormwater runoff directly into water bodies shall be
prohibited.
(b) Stormwater runoffeff shall be routed through swales and other
systems designed to increase time of concentration, decrease velocity,
increase infiltration, allow suspended solids to settle, and remove
pollutants.
(2) Alteration of Watercourses
(a) Natural watercourses shall not be dredged, cleared of vegetation,
deepened, widened, straightened, stabilized or otherwise altered except
in accordance with an approved EFGSiGRrerosion and sedimentation
Sentrel Plancontrol plan.
(b) Water shall be retained or detained before it enters any natural
watercourse in order to preserve the natural hydro-dynamics of the
watercourse and to prevent sedimentation.
(3) Limit Land-Disturbing Activity
(a) The area of disturbance by development shall be as small as practical.
(4) Land Alterations
(a) No grading, cutting or filling shall be commenced until erosion and
sedimentation control devices have been installed between the disturbed
area and water bodies, watercourses, wetlands, or adjoining properties.
(5) Wetland Protection
(a) Wetlands and other water bodies shall not be used as sediment traps
during development.
(6) Maintenance Requirements and Responsibility
(a) Erosion and sedimentation facilities shall receive regular maintenance to
ensure that they continue to function properly.
(b) Temporary basins shall be cleaned out when they are filled to 50% of
their design capacity.
(7) Artificial Watercourses
(a) Any artificial watercourse (where the need is demonstrated) shall be
designed considering soil type so that the velocity of flow is low enough
to prevent accelerated erosion.
(8) Buffer Area Requirements
(a) Soil and pollutants carried over land, primarily from roads, trails, and/or
land-disturbing activities, can be effectively trapped by leaving a
relatively undisturbed strip of vegetation parallel and adjacent to the
watercourse.
(b) Properly managed overland wateFfiewstormwater runoff can be directed
into this buffer area in a manner that will reduce velocity and cause
dispersion of the waterstormwater runoff. Sediments carried by the water
stormwater runoff will settle out as a result of this slowing and dispersion
process.
(c) The width of these buffer areas shall depend on the type of stream or
drainage area and shall be determined as follows:
(i) Creeks and tributaries - (i.e., permanent streams flowing directly
into a water supply reservoir within University Lake, Cane Creek,
and Upper Eno Watersheds and permanent streams flowing into
such streams).
Orange County, North Carolina—Unified Development Ordinance Page 6-124
Article 6: Development Standards 86
Section 6.15: Soil Erosion and Sedimentation Control201 F
(a) Retention and detention ponds may be used to retain and detain the
increased and accelerated stormwater runoff which the development
generates.
(b) Water shall be released from detention ponds into watercourses or
wetlands at a rate and in a manner approximating the natural flow which
would have occurred before development.
(c) Retention and detention ponds shall be designed so that they maintain
their structural integrity when subject to a 100-year storm.
(d) Detention and retention areas shall be designed so that shorelines are
sinuous rather than straight and so that the length of the shoreline is
maximized, thus offering more space for the growth of littoral vegetation.
(e) The banks of detention and retention areas shall slope at a gentle grade
into the water as a safeguard against drowning, personal injury or other
accidents, to encourage the growth of vegetation and to allow the
alternate flooding and exposure of the areas along the shoreline as water
levels periodically rise and fall.
(11) Open Space
(a) The use of drainage facilities and vegetated buffer zones as open space,
recreation, and conservation areas shall be encouraged.
(b) Recreational activities undertaken in these open space areas shall be
limited to passive or leisure activities.
(12) Grassed Swales
(a) Drainage within the development shall be accommodated by the natural
drainage systems whenever possible.
(b) The use of grassed drainageways to channel water stormwater runoff
shall be encouraged.
(c) The velocity of stormwater runoff travel in this grassed swale shall range
between 2-4 feet/second.
(13) Retention of Runoff from Industrial Sites
(a) On sites developed for industrial purposes (i.e., uses involving the
manufacturing, processing, creating, repairing, renovating, painting,
cleaning, or assembly of goods, merchandise, or equipment), retention
or detention areas meeting the standards set forth in Section
6.15.7(C)(10) of this Ordinance 239 shall be used to ensure that runoff is
retained on the site before being released. The purpose of this
requirement is to ei240nsure that, not only will the standard set forth in
Section-�4' 6.15.8(A) of this Ordinance242 be met, but also a mechanism
will be provided to safeguard the watershed against the spillage of toxic
or dangerous substances.
(D) Additional Standards for Borrow and Waste Areas
239 Consistent reference to"this Ordinance".
241 Text correction—grammar fix.
241 Text correction—deleted a space.
242 Consistent reference to"this Ordinance".
Orange County, North Carolina—Unified Development Ordinance Page 6-126
Article 6: Development Standards 87
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(1) When the person conducting the land-disturbing activity is also the person
conducting the borrow and waste disposal activity, areas from which borrow is
obtained and which are not regulated by the provisions of the Mining Act of 1971,
and waste areas for surplus materials other than landfills regulated by the
Department's Division of Solid Waste Management shall be considered as part of
the land-disturbing activity where the borrow material is being used or from which
the waste material originated.
(2) When the person conducting the land-disturbing activity is not the person
obtaining the borrow and/or disposing of the waste, these areas shall be
considered a separate land-disturbing activity.
(E) Additional Standards for Access and Haul Roads
(1) Temporary access and haul roads, other than public roads, constructed or used
in connection with any land-disturbing activity shall be considered a part of such
aeti Myland-disturbing activity.
(2) For development in the University Lake, Cane Creek, and Upper Eno
Watersheds, these access and haul roads shall have gravel pads placed at the
entrance of the site of a land-disturbing activity.
(F) Additional Standards for Operations in Lakes or Other Natural Watercourses
(1) Land-disturbing activity in connection with construction in, on, over or under a
lake or natural watercourse shall be planned and conducted in such a manner as
to minimize the extent and duration of disturbance of the stream channel.
(2) The relocation of a stream, where relocation is an essential part of the proposed
act+vityland-disturbinq activity, shall be planned and executed so as to minimize
changes in the stream flow characteristics except when justification for significant
alteration to flow characteristics is provided.
(3) Every effort shall be made to maintain buffer zones consisting of existing
vegetation between the land-disturbing activity and the watercourse.
(G) Additional Standards for Economic Development Districts
The following additional standards shall apply within the Economic Development Districts:
(1) Lot grading must be done in such a way as to preserve the topographic features
and maintain natural drainage patterns, and to provide positive drainage. In
locating buildings, parking, and other features on the site, the following standards
must be met:
(a) Minimize disturbance and phase development wherever practical.
(b) Preserve existing vegetation, especially significant stands of trees along
drainageways, on steep slopes, and in buffer areas.
(c) Use the natural shape of the land with minimal grading to locate features
in a way that minimized impacts on and off the site.
(2) All site grading must be designed to meet the standards shown on the following
table:
STANDARDSTABLE 6.15.7.G.2: SLOPE GRADING
SITE AREA MINIMUM SLOPE MAXIMUM SLOPE
Planting Areas 2% 3:1
Parking Lot Pavement 2% 4%
Driveways and Access Drives 2% 5%
Pedestrian Plaza Areas 1% 2%
Sidewalks 1% 8%
Orange County, North Carolina—Unified Development Ordinance Page 6-127
Article 6: Development Standards 88
Section 6.15: Soil Erosion and Sedimentation Control201 F
(3) No cut or fill slopes of any type may be steeper than 3:1 and must have smooth
vertical transitions. Where space limitations demand, terracing with approved
retaining walls will be utilized. Where retaining walls are used, they must be
constructed of a material compatible with the building architecture.
(4) Berms, channels, swales, etc. must be graded in such a way as to be an integral
part of the landscape, and paved surfaces must be designed with smooth vertical
transitions between changes in slope.
(5) In order to minimize soil erosion, practical combinations of the following shall be
used:
(a) Expose the smallest practical area of cleared land during construction.
(b) Temporary ditches, dikes, vegetation, and/or mulching must be used to
protect critical areas exposed during development or construction.
(c) Sediment control measures must be installed and maintained to remove
sediment from run-effstormwater runoff waters during development.
(d) Permanent landscaping and groundcover must be installed as soon as
practical after construction activities are completed.
(e) Temporary groundcover must be used for fill material subject to erosion
and on construction projects over six months duration.
6.15.8 Stormwater Outlet Protection
(A) Control of Discharge in University Lake, Cane Creek, and Upper Eno Watersheds
After development of a site, the peak discharge of stormwater runoff resulting from a
10ter}243-year storm shall be no greater than that which would result from a 10ter}244-year
storm on the same site prior to development. This requirement shall apply to the
following:
(1) Commercial, industrial, office, and institutional developments,
(2) Multi-family residential developments of more than ten units, and
(3) Single-family detached residential developments where more than three lots are
to be created.
(B) Control of Velocity
(1) Persons shall plan and conduct land-disturbing activity so that the post-
construction velocity of the 10-year stormwater runoff in the receiving
watercourse to the discharge point does not exceed the greater of:
(a) The velocity established by the table in Section 6.15.8(C)(3)of the
subsection; or
(b) The velocity of the 10-year stormwater runoff in the receiving
watercourse prior to development.
(2) If conditions (a) or(b) of this Subsection above cannot be met, then the receiving
watercourse, to and including the discharge point, shall be designed and
constructed to withstand the expected velocity anywhere the velocity exceeds the
"prior to development"velocity by 10%.
(C) Standards
243 Text correction—consistent use of"10-year"within this sub-section.
244 Text correction—consistent use of"10-year"within this sub-section.
Orange County, North Carolina—Unified Development Ordinance Page 6-128
Article 6: Development Standards 89
Section 6.15: Soil Erosion and Sedimentation Control201 F
(1) Intent
Stream banks and channels downstream from any land--disturbing activity shall
be protected from increased degradation by accelerated erosion caused by
increased velocity of stormwater runoff from the land--disturbing activity.
(2) Acceptable Management Measures
(a) Measures applied alone or in combination to satisfy the intent of this
Subsection are acceptable if there are no objectionable secondary
consequences.
(b) Innovative techniques and ideas will be considered and may be used
when shown to have the potential to produce successful results. Some
alternatives are to:
(i) Avoid increases in sine stormwater runoff volume and velocity
by including measures to promote Infiltration to compensate for
increased stormwater runoff from areas rendered impervious;
(ii) Avoid increases in stormwater e runoff velocities by
using vegetated or roughened swales and waterways in lieu of
closed drains and high velocity paved sections;
(iii) Provide energy dissipaters at outlets of storm drainage facilities
to reduce flew-stormwater runoff velocities to the point of
discharge; these may range from simple rip-rapped sections to
complex structures; and
(iv) Protect watercourses subject to accelerated erosion by
improving cross sections and/or providing erosion-resistant
lining.
Orange County, North Carolina—Unified Development Ordinance Page 6-129
Article 6: Development Standards 90
Section 6.15: Soil Erosion and Sedimentation Contro1201 F
(3) Permissible Velocities
TABLE 6.15.8.C.3: MAXIMUM PERMISSIBLE VELOCITIES
MATERIAL FPS MPS
Fine Sand (noncolloidal) 2.5 0.8
Sandy Loam (noncolloidal) 2.5 0.8
Silt Loam (noncolloidal) 3.0 0.9
Ordinary Firm Loam 3.5 1.1
Fine Gravel 5.0 1.5
Stiff Clay(very colloidal) 5.0 1.5
Graded, Loam to Cobbles noncolloidal 5.0 1.5
Graded, Silt to Cobbles colloidal 5.5 1.7
Alluvial Silts noncolloidal 3.5 1.1
Alluvial Silts colloidal 5.0 1.5
Coarse Gravel noncolloidal 6.0 1.8
Cobbles and Shingles 5.5 1.7
Shale and Hard Pans 6.0 1.8
Source:Adapted from recommendations by the Special Committee on Irrigation Research,
American Society of Civil Engineers, 1926,for channels with straight alignment. For sinuous
channels, multiply allowable velocity by 0.95 for slightly sinuous channels, by 0.9 for
moderately sinuous channels, and by 0.8 for highly sinuous channels.
(4) Exceptions
This rule shall not apply in areas other than the University Lake, Cane Creek, and Upper
Eno Watersheds where it can be demonstrated that stormwater
runoff velocities will not create an erosion problem in the receiving watercourse.
6.15.9 Responsibility for Installation and Maintenance
(A) On-Site Facilities
(1) During the development of a site, the person engaged in or conducting the land-
disturbing activity shall be responsible for installing and maintaining all temporary
and permanent erosion and sedimentation control measures and facilities as
required by the approved or revised F=FGSOon-erosion and sedimentation Centre!
W,arncontrol plan, any provision of this Ordinance, the Act, or any order adopted
pursuant to this Ordinance or the Act.
(2) The responsibility for installing and maintaining permanent erosion and
sedimentation control measures and facilities after completion of the site
development shall lie with the land owner or person in possession or control of
the land except facilities and measures installed within road or street rights-of-
way or easements accepted for maintenance by a government agency.
(B) Off-Site Facilities
(1) The Erosion Control Officer may allow stormwater runoff that is charged in
volumes or at rates in excess of those otherwise allowed by this Ordinance to be
discharged into drainage facilities off the site of development if the off-site
facilities and the channels leading to them are designed, constructed, and
maintained in accordance with the standards of this Ordinance.
(2) Adequate provision must be made for the sharing of the construction and
maintenance expenses of the facilities.
Orange County, North Carolina—Unified Development Ordinance Page 6-130
Article 6: Development Standards 91
Section 6.15: Soil Erosion and Sedimentation Control201 F
(3) A request to use off-site drainage facilities and all information related to the
proposed off-site facilities should be made part of the dee sz45erosion and
sedimentation control plan.
(C) Additional Measures
Whenever the Erosion Control Officer determines that significant sedimentation is
occurring as a result of land-disturbing activity, despite application and maintenance of
protection practices, the person conducting the land-disturbing activity or the person
responsible for maintenance will be required to take additional protective action.
6.15.10 Existing Uncovered Areas
(A) Existing Sites
All uncovered areas existing on the effective date of this Ordinance which are consistent
with the following:
(1) Resulted from land-disturbing activityies not excluded under Section 6.15.4 of
this OrdinanceX46, and
(2) Are outside the University Lake, Cane Creek, and Upper Eno Watersheds and
exceed 20,000 square feet, and
(3) Are subject to continued accelerated erosion, and
(4) Are causing off-site damage from sedimentation,
Shall be provided with a ground cover or other protective measures, structures, or
devices sufficient to restrain accelerated erosion and control off-site sedimentation.
(B) Notice of Violation
(1) The Erosion Control Officer will serve upon the landowner or other person in
possession or control of the land written notice of violation by registered or
certified mail, return receipt requested, or other means reasonably calculated to
give actual notice.
(2) The notice will set forth the measures needed to comply and will state the time
within which such measures must be completed. In determining the measures
required and the time allowed for compliance, the authority serving notice shall
take into consideration the economic feasibility, technology, and quantity of work
required, and shall set reasonable and attainable time limits for compliance.
(C) Plan Requirements
The Erosion Control Officer reserves the right to require preparation and approval of an
Erosion erosion and sedimentation Control-Plaecontrol plan in any instance where
extensive control measures are required.
(D) Reservoir Sites
This Subsection shall not require ground cover on cleared land forming the future basin
of a planned reservoir unless the disturbance and length of time of the exposure prior to
the filling of the reservoir will result in erosion and sedimentation of the downstream
channel.
las Deleted "developer's"—this was extraneous text.
141 Consistent reference to"this Ordinance".
Orange County, North Carolina—Unified Development Ordinance Page 6-131
Article 6: Development Standards 92
Section 6.22: PERFORMANCE GUARANTEE STAN DARDSerformance Gurantee246F
(b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR),
then a Letter of Map Revision (LOMR) must also be obtained upon
completion of the proposed encroachment.
(c) No manufactured homes shall be permitted.
(D) Subdivisions, Home Parks, and Major Developments
All subdivisions, home parks, and major development proposals located within SFHAs
shall:
(1) Be consistent with the need to minimize flood damage.
(2) Have public utilities and facilities such as sewer, gas, electric, cable, and water
systems located and constructed to minimize flood damage.
(3) Have adequate drainage provided to reduce exposure to flood hazards.
(4) Have provided all Base Flood Elevation (BFE) data adopted by reference per
Section 1.1.3 of this Ordinance.
(E) Effect Upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit has been granted by the Floodplain Administrator or his/her
authorized agents before the time of passage of this Ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of six
months subsequent to passage of this Ordinance or any revision thereto, construction or
use shall be in conformity with the provisions of this Ordinance.
(F) Enforcement
The provisions of the SFHA shall be enforced in accordance with the requirements
contained within Section 9.7 of this Ordinance.
(A) The type of performance guarantee shall be at the election of the applicant. Acceptable
performance guarantee instruments include, but are not limited ;"GI,,d'Rg h„+ �i+oma,
to:
(1) Aa performance bond or,surety bond from a bonding company authorized to do
business in North Carolina,
(2) An irrevocable or-letter of credit from a financial institution authorized to do
T business in North Carolina, or
(3) Cash placed in escrow with a financial institution designated as an official
suppository of Orange County. Bonds and/or irrevocable letters of credit shall be
readily convertible to into cash at face value and payable to Orange County.
(B) Unless otherwise detailed herein, the amount of the performance guarantee shall equal
125% of the estimated cost of the required improvements, including prosect management
Costs, Of FeGI !rad on+�
(C) The estimated es cost shall be, based on applicable industry norms and, shall be
itemized and certified bV a North Carolina registered professional engineer or
landscape architect (to the extent that General Statute Chapter 89A allows).
(D) Performance guarantees shall only be used to complete required construction activities
and shall not be used for repairs or maintenance activities.
(E) Additional Requirements—Zoning Compliance Permits and Subdivisions:
241 NEW SECTION.
Orange County, North Carolina—Unified Development Ordinance Page 6-156
Article 6: Development Standards 93
Section 6.22: PERFORMANCE GUARANTEE STAN DARDSerformance Gurantee
(1) Timing, coverage, duration, extension, legal responsibilities, and release of
guarantees shall be in accordance with the provision of NCGS 160D-804.1
inclusive.
(2) Guarantees shall not be released for a subdivision proposing development of a
public road until a maintenance guarantee is posted consistent with Section 7.4.8
of this Ordinance.
(F) Additional Requirements—Stormwater Control Measures (SCMs):
(1) Timing, coverage, duration, extension, legal responsibilities, and release of SCM
performance guarantees shall be in accordance with the provision of NCGS ?...
(2) All SCMs shall be conditioned on the posting of an SCM p--performance
bendguarantee for SCM construction and initial SCM maintenance as detailed
herein._248
(3) The SCM performance guarantee costCest estimates shall be sealed by a North
Carolina registered professional engineer or landscape architect (to the extent
that General Statute Chapter 89A allows) , G^^808teRt +h r.ir�c szaA h„
and shall
include-,-b-ut Ret be lirnited o, the costs of the following items:
(a) The value of all materials such as piping and other structures,;
(b) Seeding and soil stabilization,;
(CC) Design and engineering,;and
(d) Grading, excavation, fill, etc.
(4) The duration of the SCM performance guarantee shall initiallV be one year,
unless the owning entity determines that the scope of work for the required
improvements necessitates a longer duration. In the case of a bonded obligation,
the completion date shall be set one year from the date the bond is issued,
unless the owning entity determines that the scope of work for the required
improvements necessitates a longer duration.
(5) The owning entity shall demonstrate reasonable, good-faith progress toward
completing construction of the SCM that is secured by the SCM performance
guarantee. If the SCM performance guarantee is likely to expire prior to
construction of the SCM in conformance with the approved SMP, then the SCM
performance guarantee shall be extended by the permit applicant (prior to
expiration) for the duration necessary to complete construction of the SCM in
conformance with the approved SMP.
(6) The SCM shall be inspected by the Erosion Control Officer after the owning entity
T formally notifies the Erosion Control Officer that all SCM-related work has been
completed. Prior to SCM inspection, the owning entity shall provide the following
items to the Erosion Control Officer:
(a) Draft plat(s)/deed(s)for any required SCM maintenance easement(s) or
draft subdivision plat(s)/deed(s)that contain any required SCM
maintenance easement(s), ready for filing/recording with the Orange
County Register of Deeds. The draft plat(s)/deed(s) shall be reviewed
and approved by the Erosion Control Officer prior to recordation by the
owning entity.
(b) Draft SCM Operation and Maintenance Agreement (OMA), ready for
filing/recording with the Orange County Register of Deeds. The draft
..s Existing regulations(Section 6.14.10 of the UDO) requires the posting of a performance guarantee covering the
construction and initial operation of an SCM. Staff is merely taking existing requirements and proposing to move
same into a central section on required 'performance guarantees'.
Orange County, North Carolina—Unified Development Ordinance Page 6-157
Article 6: Development Standards 94
Section 6.22: PERFORMANCE GUARANTEE STAN DARDSerformance Gurantee246F
OMA shall be reviewed and approved bV the Erosion Control Officer prior
to recordation bV the owning entity.
(c) SCM certification letter sealed bV a North Carolina registered
professional engineer or landscape architect (to the extent that General
Statute Chapter 89A allows), stating that the SCM is complete and
consistent with the approved SMP.
(d) SCM as-built drawing(s) sealed by a North Carolina registered
Professional Engineer or Landscape Architect (to the extent that General
Statute Chapter 89A allows), stating that the SCM is complete and
consistent with the approved SMP.
(7) The SCM performance guaranteeGuaran eeshall not be released for--ars
SGWuntil the following requirements are met:
(a) The SCM passes inspection bV the Erosion Control Officer.
(b) AnAR SCM Operation and Maintenance Agreement (OMA) in
conformance with Section 6.14 of this Ordinance )-has been hi++owl
Ye ewreviewed/approved by the Erosion Control Officer and subsequently
approved and recorded by the owning entity at the Orange County
Register of Deeds in accordance with con+inn 6.14 of this Ofdinanne 249
The signed SCM maintenance easement dCmmple+inn of an inspection
�br^+!the
Erosion Control Officer once the followinn info _ atmon is
250
(c) T"e—,kff�e"eed(s)/plat(s) or subdivision deed(s)/plats(s) in
conformance with Section 6.14 of this Ordinance have been
reviewed/approved bV the Erosion Control Officer and subsequently
recorded bV the owning entity at the Orange County, related easen,en+�
and suryev plat for the SCM reed„for fin'n with the (iron e County
Registerrar of Deeds.
The SCM certification letter and the SCM as-built drawing(s),
(d) sealed by an engineer or landscape architect (to the extent that the
General Statute Chapter 89A allows), have been reviewed/approved by
the Erosion Control Officer.
(e) The owning entity pays the required 5-year SCM inspection fee as
described in Section 6.14.10(6)(6) of this Ordinance.
A nertifica+innsealed by a eRQRReeF OF landsnane architect (to tho eXten+
that the General Statute, Chapter 89 alle���) s+at'RQ that the de+en+ion
vnuprcr—v�r�—artvvrTo-cc ccs.–rn�'rn�
nand is ole+e and n 'stent with the clans and c cifications
(8) If the SCM passes inspection and the Erosion Control Officer approves all of the
required SCM documents as described in this Ordinance, then the Erosion
Control Officer will release up to 75% of the value of the SCM performance
guarantee and will issue a Certificate of Stormwater Compliance for the SCM,
subject to approval of the Planning Director.
If the nro'ect passes insnec+inn and the Erosion Control Officer accents the
cer+ifica+inn deed nd o en+s the ajDJnlican+ shall file the deed and
+ with the !frac a QG �RtV Resister of rl n ('on+rel
ease;,TeR� ���eeds. Th�E-rosier-arm
Officer shall a6i+herize the release of up4e 75,14 of the value of the nerforrr,ance
qUarmnt ee-rnRd issue—a-Watershed RrnteE ' n Comiginanr.e Renrn. 't for e
+iRg requirement(s) as detailed in Section G 1/I 10 of the I DG
Exiotina r Rt(s)as detailed in seetian c 1 n i 10(C) of the inn.
Orange County, North Carolina-Unified Development Ordinance Page 6-158
Article 6: Development Standards 95
Section 6.22: PERFORMANCE GUARANTEE STAN DARDSerformance Gurantee246F
x}_254
(9) If SCM deficiencies are found during SCM inspection and/or the submitted SCM
documents are considered bV the Erosion Control Officer to be incomplete, then
the Erosion Control Officer shall direct the owning entitV that the necessary SCM
improvements be made and/or documents corrected and resubmitted for
approval. Upon completion, the SCM improvements shall be re-inspected bV the
Erosion Control Officer.
If deficiencies are found, the Erosion Control Officer shall d'rec++hat the
necessary improvements ho made and/or documents corrected and resubmitted
for approval Upon comple+inn the imprrn iem en+s shall he re`inspec+ed 2a`2
(10) No sooner than one Vear after issuance of the Certificate of Stormwater
Compliance for the SCM, the owning entitV maV petition the Planning Director to
release the remaining value of the SCM performance guarantee. Upon receipt of
said petition, the Erosion Control Officer shall inspect the SCM to determine
whether the SCM is performing as designed and intended. The Erosion Control
Officer shall present the petition, the SCM inspection report, and
recommendations to the Planning Director.
(a) If the Planning Director accepts the petition and SCM inspection report,
then the Erosion Control Officer shall release the remaining value of the
SCM performance guarantee.
If the Planning Director does not accept the petition and/or SCM
inspection, then the Erosion Control Officer shall provide the owning
entitV with instructions to correct any SCM deficiencies necessarV for the
release of the remaining value of the SCM Performance Guarantee.0- e
vear from the r nrdin„ of the deed easeMen+s and m in+enance
aqreem on+ +he app!oGaRt m pe+i+inn far the release of the r
value of the performaRGG quaran+ee
Upon receipt of said pe+it'nn the Erosion Control Officer shall 'aspen++he
SCMto determine whether the controls are perform'no as des'n ped and
ntended if th-re�i�the rem ininn—funads shaall_ .l be returned.retu-ne,_ped.if not, tl-fe
Erosion Control Officer wn !! note identified deficiencies and req 're
corecr
+�r_v_v_rmor_r_ornn nfof same (ince completed, the applicant ran request a folln)ni
up inspection
-I-B;13
4W4
Orange County, North Carolina—Unified Development Ordinance Page 6-159
Article 7: Subdivisions 96
Section 7.4: Improvements and Performance Guarantees
(C) In lieu of certification from a public agency, the Planning Director is authorized to accept
certification from the applicant's licensed professional engineer or licensed professional
surveyor or other professional as authorized by the North Carolina General Statutes that
the improvements have been installed in accordance with all applicable standards.
7.4.4 Performance Guarantees
(A) In accordance with Section 2.27 of this Ordinance, Pa performance guarantees shall be
required for the purpose of ensuring that subdividers properly install all required
subdivision improvements in a timely manner, in accordance with approved plats and
construction plans.
(B) The term of a performance guarantee shall not exceed two years. The Planning Dire
may, for good cause and with the approval of the providerthe guarantee, gra of
evtensmons of the form with each such evtensmon not to exceed one year.
6redf+,-OrCa Gash zScrew QE6A�+ The��f guarantee shall be determ Red by ho
subdivider,
(D) The perfermaRGe guaraRte8 shall be GeRditiORed UPGR the perfermaRGe of all work
Specifie�-I at the tomo of prelimipary plat o ns+r��cfiop planappF
(E) The amount of the performance guarantee shall equal at least gal
0
of the estimated
cost, including project management costs, of the required improvements that have not
been installer) by the time of final plot submittal.
(F) The estimated cost of required improvements, including project management costs, m
al s -rveyer may pmvide the itemized GeSt estimate. Cost
es+im-�+es n shall he -h-AS er+ iRd Ystry RGFMS within Qrapne GE) Rty
guaraRteG, the guaraRtee will be deemed OR default. IR the Gase of default, the GGLIRty
authorized to use the guarantee funds to complete the required subdivision
im. rients or to let a contract for installation of the required improvements
(H)Once the conditions of the performance guarantee have been completed to the
satisfaction of the appropriate agencies and any required maintenance guarantee has
been provided On accordance with the V-1-1- of this Ordonance, the guarantee shall
he releaser)
(I) All 'MPFE)VeMeRtS shall be GOMPleted an aGGE)PdaRGG with the GeRditiE)Rs aSSE)Giated With
Yid,
P) QRGe all A-f the required 'MPFE)VeMeRts have be8R at least O
. . rients required. However, only one such reduction shall be permitted prior to
releasing the entire performance o uarantee 253
7.4.5 Maintenance of Required Improvements
Improvements installed as a requirement of subdivision approval shall be maintained by the
subdivider until they are accepted for maintenance by:
21'All of these requirements are now detailed in Section 2.27 of the UDO. Most of the language is referenced
within NCGS 160A-372,which is also referenced within Section 2.27. The amendments are necessary to streamline
requirements,avoid confusion,and avoid inconsistencies with State law.
Orange County, North Carolina-Unified Development Ordinance Page 7-5
Article 7: Subdivisions 97
Section 7.4: Improvements and Performance Guarantees
(D) Officers of the property owner's association shall review and sign the said document
confirming the association's obligation in the perpetual maintenance of all improvements
and facilities for which responsibility is being assumed.
(E) Said document shall, upon execution, be recorded with the Orange County Register of
Deeds, at the expense of the subdivider, as formal recognition that maintenance
responsibilities have been assumed by the property owner's association.
(F) The Planning Department shall not release the subdivider of maintenance
responsibilities, or authorize the release of performance guarantees, until this process is
completed.
7.4.8 Maintenance Guarantees—Public Roads
(A) Maintenance guarantees shall be required for the purpose of ensuring that roads that are
to be dedicated to the public are properly maintained, free from defects, between the time
of construction and the time of formal acceptance for maintenance by the North Carolina
Department of Transportation.
(B) A maintenance guarantee shall be in place before any required performance guarantee is
released or before any building permits are issued for subdivisions containing public road
improvements.
(C) Maintenance guarantees for public road facilities shall stipulate that the subdivider will
maintain all required public road improvements, drainage improvements, and
sedimentation and erosion control improvements to the standards of this Ordinance until
the public road improvements are added to the state-maintained road system. The
guarantee shall also state that the subdivider will be responsible for correcting any
defects that may arise during the maintenance period and shall remove temporary
sedimentation and erosion control measures.
(D) Maintenance guarantees shall be in the form of a performance bo444quarantee meeting
the requirements of Section 2.27 of this Ordinance., irre„oGahle letter of sort,+ er gash
esr•rew a Ip+ and shall oopform to the follGWipg•
0) Thea m pt of the gUaFaRtee shall be at least 150,; of the total gust of
constructing the public road improvements (excluding the costs of clearing and
rough grading)-.
(2) The estimated cost of the required improvements must be iternized and certified
by the applicant's licensed professional engineerr licensed professional
sur�i�_eyoor, Of the surveyor was the original preparer of the plans for the
�n.
OF licensed professionalsprovide the itemized cost estimate.
(4) Gest estimates must be based E)R iRdaStFY no)rmr within QraRge *.
when deemed p y to address higher peteptial c ec+iop costs rte le+e the
bdiVisiOR'ssize prd site characteristics but OR pt may the a p+
eviceed 251% of es+ima+erl n pstF is+inn osts
(E) The guarantee shall have a term of two years and shall provide an option for annual
renewal Of the subdivider has:
(1)Arra,_angged forCounty inspectionthe improvements,
(2) Sulornotted to the County an acceptable estimate of the costs necessary to correc
any deterioration or defects discovered by the inspection and
(3) IRGreased the a nt of the s rit y b the a n+of said estimate
Orange County, North Carolina—Unified Development Ordinance Page 7-7
Article 7: Subdivisions 98
Section 7.5: Subdivision Agreements
(F)JELThe subdivider shall pay a fee in accordance with the Fee Schedule adopted by the
Board of County Commissioners at the time of the initial posting of the guarantee and for
each subsequent renewal or extension to cover the County's administrative costs.
SUBDIVISIONSection 7.5:
(A) The subdivider of all minor and major subdivisions shall record a subdivision agreement
outlining the limitations associated with the development of created lots at the Orange
County Register of Deeds at the same time the Final Plat is recorded.
(B) The purpose of the subdivision agreement is to provide detail on various development
limitations that will regulate the overall development of property consistent with the
approval of the subdivision.
(C) This subdivision agreement shall, at a minimum, outline the following development
criteria for property within the subdivision:
(1) Required development setbacks for lots within the project,
(2) Impervious surface limits for the lots within the development,
(3) The presence of identified environmental features (i.e. stream buffers, flood plain,
wetlands, etc) and an explanation on how development of the lot(s) is impacted,
(4) The presence of identified cultural features listed by the North Carolina Heritage
Program, or identified in "An Inventory of Sites of Cultural, Historic, Recreational,
Biological, and Geological Significance in the Unincorporated Portions of Orange
County" or"Inventory of the Natural Areas and Wildlife Habitats of Orange
County, North Carolina",
(5) Identification of soil and septic limitations, if any, for each lot,
(6) Access restrictions for the project and individual lots,
(7) Limitations on land uses,
(8) Maintenance requirements for all roadways as well as references to the project's
road maintenance agreement, if required, and
(9) Maintenance requirements for all Common Open Space areas.
Section 7.6: GENERAL DESIGN STANDARDS
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
(B) Any lot which provides an easement for individual septic disposal for use by a separate
lot or deed shall conform with NC DHHS DPH Innovative Waste Water System Approval
IWWS 2016-01.
7.6.2 Residential Density
The allowable density on a given parcel of property proposed for subdivision shall comply with the
residential maximum density requirements in Section 4.2.4.
Orange County, North Carolina—Unified Development Ordinance Page 7-8
Article 7: Subdivisions 99
Section 7.6: General Design Standards
7.6.3 Land Suitability
(A) In reviewing subdivision proposals, the Planning Department and Planning Board shall
consider the overall design of the subdivision with the suitability of the land for
development to ensure that the platting and development of the subdivision will not
create a danger to the health, safety, and welfare of Orange County residents.
(B) Land suitability shall be determined by an investigation of conditions including but not
limited to flood prone areas, soil drainage, drainage patterns, slope, historic sites,
maximum anticipated levels of land disturbance for the project and all proposed individual
lots, and unique natural areas. The investigations shall be carried out by the Planning
Board, the Planning Department, or other agencies or individuals having the appropriate
technical expertise.
(C) Special Flood Hazard Areas shall be considered during the review process.
(D) Soils shall be evaluated for suitability or provisional suitability for septic tanks according
to guidelines established in the Laws and Rules for Ground Absorption Sewage Disposal
Systems, incorporated herein by reference.
(1) Each lot that does not contain a suitable building site shall be designated on the
plat as being of restricted development potential and by instrument recorded in
the Orange County registry as specifically prescribed by Section 7.14.3(E)(1) of
this Ordinance.
(E) Drainage
(1) Soil suitability, including slope and drainage, shall also be evaluated according to
soil characteristics indicated by the Orange County Soil Survey and topography
indicated by the U.S. Geological Topographic Maps.
(2) Each lot shall contain a suitable building area safe from inundation and erosion.
(3) Sanitary sewer systems, septic tank drainfields, water systems, wells, and
adjacent properties shall be protected from inundation by surface water.
(4) Roads, driveways and utilities shall be protected from damage caused by
improper stormwater management.
(5) Mechanical devices, drainage easements, natural buffers, large lots, and/or other
technical means may be used to achieve these drainage objectives. Natural
drainageways are a preferred means of stormwater run-off254 removal. The
characteristics (including capacity) of natural drainageways shall be protected.
(6) Runoff levels from the 25-year storm after the site is developed shall not be
greater than the rate of runoff on the same site in its natural state.
(7) In cases where anticipated land disturbance for the subdivision and the proposed
lots will cumulatively exceed established thresholds denoted within Section
6.14.5 of this Ordinance, a formal stermwater management pla- Stormwater
Management Plan (SMP)255 shall be required as part of the application submittal.
(F) Resource Protection
(1) Applications for subdivision shall be evaluated by the Planning Department and
Planning Board for potential impairment of habitat of rare and endangered
species or unique natural areas.
211 Consistent use of"stormwater runoff'.
211 Consistent use of"Stormwater Management Plan (SMP)".
Orange County, North Carolina—Unified Development Ordinance Page 7-9
Article 7: Subdivisions 100
Section 7.9: Reservation of Space for Utilities
(e) To verify that the required road sign is in place.
(6) The subdivider is responsible for supervising construction and for quality control
inspections for clearing and grubbing of the right-of-way, compaction of fill,
construction materials, and so forth.
(7) The subdivider or representative should employ a qualified grading contractor
(and supervisor if necessary)to ensure that the road is in the correct location and
that acceptable methods and materials are used.
(8) Rends or letters of nred4ln accordance with Section 2.27 of this Ordinance,
performance quarantees256 cannot be released or reduced until completion of the
road is certified. Arrangements for payment between the subdivider and
contractor are not the responsibility of Orange County.
7.8.6 Alleys
(A) Alleys shall be required for lots used for commercial and industrial purposes except that
this requirement may be waived where other definite and ensured provision is made for
service access.
(B) Alleys shall not be provided in residential subdivisions unless necessitated by unusual
circumstances.
(C) The width of an alley shall be adequate for the purpose which it serves.
(D) Dead end alleys shall be avoided where possible, but if unavoidable, shall be provided
with adequate turn around facilities at the dead end as may be recommended by the
Planning Board and approved by the Board of County Commissioners.
RESERVATIONSection 7.9-. OF - • • - UTILITIES
7.9.1 Easements Required
(A) Where several utilities are available or can be anticipated to serve a subdivision
according to utility extension plans, utility easements, setbacks or other methods of
providing services may be required for service in that subdivision.
(B) Except where utilities may be located in approved alleys, easements, setbacks, or other
methods, not less than six feet in width may be required on each side of rear and side lot
lines.
(C) Utility easements, setbacks, or other methods may be required along said lot lines or
across lots for the extension of existing or planned utilities such as poles, wires, conduits,
storm or sanitary sewers, water lines, and/or gas lines.
7.9.2 Subdivisions in Transition Areas
Subdivisions located within Transition areas, as designated in the adopted Comprehensive Plan
and the Joint Planning Area Land Use Plan, which are to be served by individual wells and septic
tanks, may be required to dedicate water and sewer easements if the provision of such
easements is necessary to provide for future extension of utilities within the Transition Area in an
orderly and efficient manner.
7.9.3 Terms and Conditions of Easements
(A) It is not the intent of this section that the terms of any easement or way required by this
Section be dictated by Orange County.
(B) Any such terms and conditions may be negotiated between the subdivider/landowner and
the utility company. Provided, however, that where utilities are required for subdivision
approval, the Planning Department and/or Planning Board shall require an instrument
...Reference to NEW SECTION.
Orange County, North Carolina—Unified Development Ordinance Page 7-29
Article 8: Nonconformities 101
Section 8.3: Completion of Non-Conforming Projects
(1) All expenditures made pursuant to a validly issued and unrevoked building,
zoning, special use, or sell eFGSiGR sed'FRe tat' )R GGRtFE)lpermotLand-Disturbing
Permit (LDP)257 shall be considered as evidence of reasonable reliance on the
conditions that existed before this Ordinance, or modification thereto, became
effective.
(2) Except as provided in subsection (1)above, no expenditures made more than
180 days before the effective date of this Ordinance, or modification thereto, shall
be considered as evidence of reasonable reliance on the conditions that existed
before this Ordinance, or modification thereto, became effective. An expenditure
is made at the time there is a binding obligation to make that expenditure.
(3) To the extent that expenditures are recoverable with a reasonable effort, a party
shall not be considered prejudiced by having made those expenditures. For
example, a party shall not be considered prejudiced by having made some
expenditure to acquire a potential development site if the property obtained is
approximately as valuable under the new classification as it was under the old,
for the expenditure can be recovered by a resale of the property.
(4) An expenditure shall be considered substantial if it is significant both in dollar
amount and in terms of
(a) The total estimated cost of the proposed project, and
(b) The ordinary business practices of the developer.
(5) A developer shall be considered to have acted in good faith if actual knowledge
of a proposed change in the land use law affecting the proposed development
site could not be attributed to the developer.
(6) Even though a developer had actual knowledge of a proposed change in the land
use law affecting a development site, the County may still find that the developer
acted in good faith if they did not proceed with the plans in a deliberate attempt to
circumvent the effects of the proposed ordinance. The county may find that the
developer did not proceed in an attempt to undermine the proposed ordinance if
it determines that(i)at the time the expenditures were made, either there was
considerable doubt about whether any ordinance would ultimately be passed, or
it was clear that the proposed ordinance would prohibit the intended
development, and (ii)the developer had legitimate business reasons for making
expenditures.
(7) The Planning Director shall not consider any application for the permit authorized
by subsection (2)above that is submitted more than 60 days after the effective
date of this Ordinance, or modification thereto. The Planning Director may waive
this requirement for good cause shown, but in no case may it extend the
application deadline beyond one year.
(8) The Planning Director shall send copies of this section to the persons listed as
owners for tax purposes (and developers, if different from the owners) of all
properties in regard to which permits have been issued for non-conforming
projects or in regard to which a non-conforming project is otherwise known to be
in some stage of development. This notice shall be sent by certified mail not less
than 15 days before the effective date of this Ordinance, or modification thereto.
(9) The Planning Director shall establish expedited procedures for hearing
applications for permits under this section. These applications shall be heard,
whenever possible, before the effective date of this Ordinance, or modification
thereto.
211 Correct reference to"Land Disturbing Permit(LDP)".
Orange County, North Carolina—Unified Development Ordinance Page 8-2
102
ARTICLE 9: ENFORCEMENT
Section
.1. INTENT
This Article provides for the methods of notification and penalties involved in enforcement of this
Ordinance. Whenever possible, it is desirable to gain voluntary compliance with the provisions of this
Ordinance without the necessity of pursuing formal enforcement measures.
Section • 2-. VIOLATIONS
9.2.1 Violations Specifically
Unless lawfully exempted, the following uses or actions shall be considered a violation:
(A) To use land or buildings inconsistent with the requirements of this Ordinance;
(B) To erect a building or structure inconsistent with the requirements of this Ordinance;
(C) To develop or subdivide land inconsistent with the standards of this Ordinance;
(D) To subdivide, transfer, or sell land by reference to a subdivision plat prior to plat approval
and recordation as provided in Articles 2 and 7 . The description of metes and bounds in
the instrument of transfer or other document used in the process of selling or transferring
land does not exempt the transaction from this Ordinance;
(E) To record a plat of any subdivision prior to approval of the plat as provided in Article 2;
(F) To install or use a sign inconsistent with the requirements of Section 6.12;
(G) To engage in the use of a building or land, the use or installation of a sign, the
subdivision or development of land, or any other activity requiring one or more permits or
approvals under this Ordinance without obtaining all required permits or approvals;
(H) To engage in the use of a building or land, the use or installation of a sign, the
subdivision or development of land or any other activity requiring one or more permits
under this Ordinance in any way inconsistent with any permit or approval and/or any
conditions imposed;
(1) To engage in new development activities without an approved Terosion and
sedimentation Sentra! PlaRcontrol plan258 and/or Stormwater Management Plan (SMP);
(J) To violate the terms of any permit or approval granted under this Ordinance or any
condition imposed on such permit or approval including, but not limited to, Special Use
Permits;
(K) To obscure, obstruct or destroy any notice required to be posted or otherwise given
under this Ordinance;
(L) To violate any lawful order issued under this Ordinance; or
(M) To continue any violation of this Ordinance.
Section • 3-. VIOLATORS
9.3.1 Specifically
The following shall be considered violators of the Ordinance and subject to enforcement:
(A) Any person(s)who owns, leases, occupies, manages, or builds any structure or land
development activity in violation of this Ordinance.
zss"Erosion Control Plan" replaced with "erosion and sedimentation control plan"as defined in 15A NCAC
02H.1002 (Definitions)—NOTE.- "erosion and sedimentation control plan"is integrated through the remainder of
Article 9, where applicable.
Orange County, North Carolina—Unified Development Ordinance Page 9-1
Article 9: Enforcement 103
Section 9.7:Additional Procedures—Special Flood Hazard Area
• • • • • •
9.7.1 Actions in Event of Violation
(A) Identified violations of the Special Flood Hazard Area 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 2.27.7), 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 for
which no appeal has been made or fails to comply with an order of the governing body following
an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58
and shall be punished at the discretion of the court.
Section 9.8-. 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
erosion and sedimentation Control-P-4ancontrol 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.
259 Title of Section 9.8 revised so as to match the naming conventions of other section titles related to"Erosion and
Sedimentation Control Plans" as defined in 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 9-8
Article 9: Enforcement 104
Section 9.8: Soil Erosion and Sedimentation Control
(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
land-disturbing activities.
(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 engaged in land-disturbing activity 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 failure to submit an
€FesfsRerosion and sedimentation Gomel RlaRcontrol plan for approval or for
obstructing, hampering or interfering with an authorized representative while in
the process of carrying out their official duties.
(5) Any person who fails to comply within the time specified is subject to the civil and
criminal penalties provided in this Ordinance.
(6) In the event service 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.
(D) Authority to Require Statements
(1) The Erosion Control Officer shall have the authority to require written statements,
or the filing of reports under oath, with respect to pertinent questions relating to
land-disturbing activities.
(E) Authority to Revoke Land Disturbing Permits
(1) The Erosion Control Officer shall have the authority to revoke Land Disturbing
Permits issued by the Erosion Control Division as provided for within this
Ordinance.
(F) Stop Work Orders
(1) Whenever any person is violating the soil-260erosion and sedimentation control
provisions of this Ordinance or any rule or order adopted or issued pursuant to
this Ordinance, or any term, condition, or provisions of an approved €res+eo
erosion and sedimentation SeRtFsl Rlaocontrol plan, the Erosion Control Officer
may, either before or after the institution of any other action or proceeding
authorized by these regulations, issue a stop work order for the site on which the
violation has occurred.
(2) Upon issuance of such an order and the 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 the soil-�6'erosion and
sedimentation control provisions of this Ordinance.
zoo Deleted "soil".
2"Deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 9-9
Article 9: Enforcement 105
Section 9.8: Soil Erosion and Sedimentation Control
(3) Notice of the stop work order shall be in writing, directed to the person
conducting the land-disturbing activity and shall state the reasons for the
issuance of the order, and the conditions under which work may be resumed.
(4) Notice shall be given by registered or certified mail. In the event service cannot
be accomplished by registered or certified mail, it may be accomplished in any
manner provided in rule 40) of the North Carolina Rules of Civil Procedure.
(G) Inspection & Report Procedure
(1) The landowner, the financially responsible party, or their duly appointed agent
shall perform an inspection of the area covered by the plan after each phase of
the plan has been completed and after establishment of temporary ground cover
in accordance with N.C.G.S. 113A-57(2).
(2) The person who performs the inspection shall maintain and make available a
record of the inspection at the site of the land-disturbing activity.
(3) The record shall set out any significant deviation from the approved erosion and
sedimentation control plan, identify any measures that may be required to correct
the deviation, and document the completion of those measures.
(4) The record shall be maintained until permanent ground cover has been
established as required by the approved erosion and sedimentation control plan.
(5) The inspections required by this subsection shall be in addition to inspections
required by N.C.G.S. 113A-61.1.
9.8.2 Penalties
(A) Civil Penalties
(1) Assessment of Penalties
(a) Any person who violates any of the soil262erosion and sedimentation
control provisions of this Ordinance or rules or orders adopted or issued
pursuant to these regulations, or who initiates or continues a land-
disturbing activity for which an Erosion erosion and sedimentation
Centre! P-lancontrol plan is required except in accordance with the terms,
conditions, and provisions of an approved plan, shall be subject to a civil
penalty.
(b) The maximum civil penalty for a violation is $5,000 per day.
(c) If, after the allotted time period has expired, the violator has not
completed corrective action, a civil penalty may be assessed from the
date the violation is detected.
(d) No time period for compliance need be given for failure to submit an
Erosion erosion and sedimentation Control-P-lancontrol plan for approval
or for obstructing, hampering, or interfering with an authorized
representative while in the process of carrying out his official duties.
(e) Each day of a continuing violation shall constitute a separate violation.
(2) Demand for Payment of Penalty
(a) The Board of County Commissioners shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty.
212 Deleted "soil".
Orange County, North Carolina-Unified Development Ordinance Page 9-10
Article 9: Enforcement 106
Section 9.8: Soil Erosion and Sedimentation Control
(b) The notice of assessment shall be served by any means authorized
under Section 9.8.1 of this Ordinance, and shall direct the violator to
either pay the assessment or contest the assessment, within 30 days
after the receipt of the notice of assessment, by written demand for a
hearing.
(c) If payment is not received within 30 days after demand for payment is
made, the County or town, if applicable, may institute a civil action to
recover the amount of the assessment.
(d) The civil action may be brought in 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.
(e) Such civil actions must be filed within three years of the date the
assessment was due.
(f) An assessment that is not contested is due when the violator is served
with a notice of assessment.
(g) An assessment that is contested is due at the conclusion of the
administrative and judicial review of the assessment.
(3) Civil Penalty Assessment Factors
(a) The governing body of the (city), (town), (county) shall determine the
amount of the civil penalty based upon the following factors:
(i) The degree and extent of harm caused by the violation,
(ii) The cost of rectifying the damage,
(iii) The amount of money the violator saved by noncompliance,
(iv) Whether the violation was committed willfully, and
(v) The prior record of the violator in complying of failing to comply
withssi1�63erosion and sedimentation control provisions this
Ordinance.
(4) Notice of Civil Penalty Assessment
(a) The governing body of the (city), (town), (county) shall provide notice of
the civil penalty amount and basis for assessment to the person
assessed.
(b) The notice of assessment shall be served by any means authorized
under N.C.G.S. 1A-1, Rule 4, and shall direct the violator to either pay
the assessment or contest the assessment, within 30 days after receipt
of the notice of assessment, by written demand for a hearing.
(5) Hearing
(a) A hearing on a civil penalty shall be conducted by the appropriate local
agency, within 15 days after the date of the written demand for the
hearing.
(b) The agency conducting the hearing shall make its recommendation to
the governing body of the (city, (town), (county), within 15 days after the
date of the hearing.
(6) Final Decision
(a) The governing body shall render its final decision on the civil penalty
within 15 days of the receipt of the recommendation from the agency.
...Deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 9-11
Article 9: Enforcement 107
Section 9.8: Soil Erosion and Sedimentation Control
(7) Credit of Civil Penalties
(a) Civil penalties collected pursuant to this Section of the Ordinance shall
be credited to the Civil Penalty and Forfeiture Fund.
(B) Criminal Penalties
Any person who knowingly or willingly violates any sell-erosionS264 and sedimentation
control provision of this Ordinance or rule or order adopted or issued pursuant to these
regulations, or who knowingly or willfully initiates or continues a land disturbing
aGti MYLand-Disturbing Activity for which an Erosion and Sedimentation Control Plan is
required except in accordance with the terms, conditions, and provisions of an approved
plan shall be guilty of a misdemeanor 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 &G44-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 erosion and sedimentation SsRtrsl PlaRcontrol 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 ;A61 265 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 seil266
erosion and sedimentation control provisions of this Ordinance, the Land Disturbing
Permit, the wed €rss+er}approved erosion and sedimentation GGR#91 PlaRcontrol
plan or any amendments to the EFesiGR erosion and sedimentation OoRtFelP4aecontrol
plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site.
264 Text correction—deleted "soil"and "s".
2"Deleted "soil".
266 Deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 9-12
Article 9: Enforcement 108
Section 9.9: Stormwater Management
(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 Q) 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 267erosion 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 sell 268erosion and sedimentation control provisions of this
Ordinance before the reissuance of the Land Disturbing Permit shall constitute a violation
of the Ordinance.
(F) The person conducting the may appeal
the revocation of a Land Disturbing Permit following procedures set out in Section 2-.27
2.2.7of 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 t4_—Orange County 269
will periodically inspect on-site Sstormwater Ceontrol Mmeasures (SCMs) 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 Pplan SMP 270
being constructed in accordance with the approved pla-►SMP.
(c) The permanent SCMs 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
c+nrr.,Water Ma eRt PlaRSMP.
(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 SCM.
267 Deleted "soil".
261 Deleted "soil".
211 Consistent reference to"Orange County".
270 Consistent use of"Stormwater Management Plan (SMP)".
Orange County, North Carolina-Unified Development Ordinance Page 9-13
Article 9: Enforcement 109
Section 9.9: Stormwater Management
(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 SCM.
(3) No person shall refuse entry or access to any authorized representative or agent
of the Orange County271 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 SCM, 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.
(5) Any person who fails to comply within the time specified is subject to the civil and
criminal penalties provided in this Ordinance.
(6) In the event service 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.
(D) Authority to Require Statements
(1) The Erosion Control Officer shall have the authority to require written statements,
or the filing of reports under oath, with respect to pertinent questions relating to
stormwater management activities.
(E) Stop Work Orders
(1) Whenever any person is violating the stormwater management provisions of this
Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or
any term, condition, or provisions of an approved Stormwater Managemen+
PfanSMP, the Erosion Control Officer may, either before or after the institution of
any other action or proceeding authorized by these regulations, issue a stop work
order for the site on which the violation has occurred.
(2) Upon issuance of such an order and the 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 the stormwater management
provisions of this Ordinance.
(3) Notice of the stop work order shall be in writing, directed to the person
conducting the stormwater management ac+,,,+„land-disturbing activity272 in
violation of the provisions of this Ordinance and shall state the reasons for the
issuance of the order, and the conditions under which work may be resumed.
Z'1 Consistent reference to"Orange County".
...Correct reference to"land-disturbing activity".
Orange County, North Carolina—Unified Development Ordinance Page 9-14
Article 9: Enforcement 110
Section 9.9: Stormwater Management
(4) Notice shall be given by registered or certified mail.
(5) In the event service cannot be accomplished by registered or certified mail, it
may be accomplished in any manner provided in rule 40)of the North Carolina
Rules of Civil Procedure.
9.9.2 Penalties
(A) Civil Penalties
(1) Assessment of Penalties
(a) Any person who violates any of the stormwater management provisions
of this Ordinance or rules or orders adopted or issued pursuant to these
regulations, or who fails to install, or complete any permanent on-site
Nitrogen Reduction sterrnwator Gentrel moas„ro rSCM3 or fails to
conduct required maintenance on any permanent on-site SCM, or fails to
remove an identified Illegal Discharge shall be subject to a civil penalty.
(b) The maximum civil penalty for a violation is $5,000 per day.
(c) If, after the allotted time period has expired, the violator has not
completed corrective action, a civil penalty may be assessed from the
date the violation is detected.
(d) No time period for compliance need be given for failure to submit a
Storrmyator MaRagemeRt an SMP for approval or for obstructing,
hampering, or interfering with an authorized representative while in the
process of carrying out his official duties.
(e) Each day of a continuing violation shall constitute a separate violation.
(2) Demand for Payment of Penalty
(a) The Board of County Commissioners shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason
for assessing the penalty.
(b) The notice of assessment shall be served by any means authorized
under Section 9.9.1 of this Ordinance, and shall direct the violator to
either pay the assessment or contest the assessment, within 30 days
after the receipt of the notice of assessment, by written demand for a
hearing.
(c) If payment is not received within 30 days after demand for payment is
made, the Erosion Control Officer may institute a civil action to recover
the amount of the assessment.
(d) The civil action may be brought in 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.
(e) Such civil actions must be filed within three years of the date the
assessment was due.
(f) An assessment that is not contested is due when the violator is served
with a notice of assessment.
(g) An assessment that is contested is due at the conclusion of the
administrative and judicial review of the assessment.
(3) Credit of Civil Penalties
(a) Civil penalties collected pursuant to this Section of the Ordinance shall
be credited to the Orange County general fund as nontax revenue.
(B) Criminal Penalties
Orange County, North Carolina—Unified Development Ordinance Page 9-15
Article 9: Enforcement 111
Section 9.9: Stormwater Management
Any person who knowingly or willingly violates any stormwater management provision of
this Ordinance or rule or order adopted or issued pursuant to these regulations, or who
knowingly or willfully initiates or continues a development t!V't land-disturbing actiyity273
for which a c+„rnw.vater Management Planan SMP is required except in accordance with
the terms, conditions, and provisions of an approved plan shall be guilty of a
misdemeanor 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.
9.9.3 Injunctive Relief
(A) Civil Action in Superior Court
(1) Whenever the Board of County Commissioners has reasonable cause to believe
that any person is violating or threatening to violate the stormwater management
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 Stermwate
Maga ernen+ PlanSMP, 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 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 stormwater management provisions of this Ordinance.
M 274
273 Correct reference to"land-disturbing activity'.
24 Text correction—deleted floating"(3)".
Orange County, North Carolina—Unified Development Ordinance Page 9-16
Article 10: Definitions 112
Section 10.1: Definitions
Built-Upon Area
That portion of a development project that is covered by impervious or partially impervious cover including
buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts)
etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.)
Building Wall
Any vertical surface of a building or structure (other than a pitched roof)that is integral to and could
reasonably be constructed as part of the architecture of the building when a sign(s) are not being
contemplated. Examples of building walls include but are not limited to: awnings, canopies, marquees,
the vertical portion of gable roofs, parapets, mechanical penthouses, etc.
Camp
A recreation use which may include locations for tents, cabins, or other recreational sleeping structures,
but would not include mobile homes or recreational vehicles. A camp may be owned by a profit or not-
for-profit corporation.
Canal
See"Ditch."
Canopy, Service Station
A structure made of metal, aluminum, or other material intended to be free standing or affixed to a
building that serves as an overhang intended to shield persons from the elements while using the service
station.
Certificate of Stormwater Compliance275
A document of record noting the approval for development activities regulated by Section 6.14 of this
Ordinance.
Center in a Residence
Use type located within a residence offering temporary care to clients, including children, adolescents,
and adults, for no more than eight hours in a 24 hour period.
Cessation of Use
For purpose of this Ordinance the term shall mean the vacancy, discontinuation, or abandonment of the
use of a structure or parcel of property. A use shall not be considered ceased if the use is being
marketed for sale or other forms of conveyance and documentation of such activities is provided.
Channel
A natural water-carrying trough eroded vertically into low areas of the land surface by erosive action of
concentrated flowing water or a ditch or canal excavated for the flow of water.
Channel, Effluent
A discernable, confined, and discrete conveyance which is used for transporting treated wastewater to a
receiving stream or other body of water.
Chemical storage facility
A building, portion of a building, or exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
Child Care
A program or arrangement where three or more children less than 13 years old, who do not reside where
the care is provided, receive care on a regular basis of at least once per week for more than four hours
per day from persons other than their guardians or full-time custodians, or from persons not related to
them by birth, marriage, or adoption. Child care does not include the following:
275 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002(Definitions).
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Article 10: Definitions 113
Section 10.1: Definitions
Cooperative Farm Stand
An open-air facility for the retail sale of produce, agricultural products, and/or plants produced on-site and
from not more than 4 other cooperative farm partners.
Country Store
An enclosed market not exceeding 1500 square feet in size for the retail sales of a variety of
merchandise, which must include locally produced products. For the purpose of this definition, "local"
means Orange County and counties that share a border with Orange County.
County
Orange County Government.
Custodial Care
A form of care that is primarily for the purpose of assisting a person in the activities of daily living or in
meeting personal rather than medical needs, which is not intended to provide specific therapy as the
result of an illness or injury and does not constitute skilled care. The term shall refer to personal care that
does not require the continuing attention or supervision of trained, medical, or paramedical personnel.
Cutoff Fixture
An outdoor lighting fixture shielded or constructed in such a manner that no more 2.5% of the total light
emitted by the fixture is projected above the horizontal plane of the fixture.
Day Care
Any child care arrangement under which a child less than 13 years of age receives care away from his
own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are
not minors, guardians or full time custodians.
Day Care Facility
Any day care center or child care arrangement that provides day care for more than five children, not
including the operator's school age children, under the age of 13, on a regular basis of at least once per
week for more than four hours but less than 24 hours per day, and those operating fewer than four hours
per day that provide care for more children per adult care giver than would be permitted in an AA State
licensed center, regardless of the time of day and regardless of whether the same children attend
regularly.
The following facilities are not included:
a) Public schools;
b) Non-public schools whether or not accredited by the State Department of Public Instruction,
which regularly and exclusively provide a course of grade school instruction to children who are of
public school age;
c) Summer camps having children in full-time residence;
d) Bible schools conducted for no more than three weeks during vacation periods; and
e) Cooperative arrangements among parents who care only for their own children in an arrangement
as a matter of convenience rather than to enable any participating parent to be employed.
Dedication
A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is
entailed, dedication must be made by written instrument and is completed with an acceptance.
Designated Public Sewer Service Area
An area located within Orange County's Primary Service Area in the Water and Sewer Management,
Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served
by public sewer in the near-term (e.g., 18 months; demonstrated by issuance of an advertisement for bid,
or similar device, for construction of public sewer facilities).
Detention Pond
A Stormwater Control Measure (SCM)eng4ieered ,ten:,��consisting of a pond constructed
and maintained in accordance with ApPeRdix ° of this Ordinance, which allows for pollutants to settle and
Orange County, North Carolina—Unified Development Ordinance Page 10-9
Article 10: Definitions 114
Section 10.1: Definitions
provides for the gradual release of the impounded water. The detention pond is the Roo+ MaRageMeRt
oraGtiGo w hiGh must be used within protected watersheds when engineered stormwater controls are
required. (See also, Stormwater Control Measure and Engineered Stormwater Controls)& S
Management PraciiQcs and Engineered Stermwater Sentrels`T
Development
Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or
other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of
equipment or materials. Also includes any land-disturbing activity which adds to or changes the amount
of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of
precipitation into the soil.
Development Activity
In the context of property encumbered by Special Flood Hazard Area this term includes any activity
defined as Development which will necessitate a Floodplain Development Permit. This includes
buildings, structures, and non-structural items, including but not limited to: fill, bulkheads, piers, pools,
docks, landings, ramps, and erosion control/stabilization measures.
Development, Existing
In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit,
shall be defined as those projects that are built, or those projects that at a minimum have established a
vested right under North Carolina zoning law as of the effective date of Orange County's Water Supply
Watershed Protection Ordinance, or such earlier time that other Orange County ordinances shall specify,
based on at least one of the following criteria:
a) Substantial expenditures of resources (time, labor, money) based on a good faith reliance upon
having received a valid Orange County approval to proceed with the project, or
b) Having an outstanding building permit in compliance with G.S. 160D-102 or G.S. 160D-108, or
c) Having an approved site specific vesting plan or multi-phase development plan in compliance
with G.S. 160D-102 or G.S. 160D-108.
For projects that require a State permit, such as landfills, NPDES wastewater discharges, land application
of residuals, and road construction activities, existing development shall be defined as those projects that
are built or those projects for which a State permit was issued prior to August 3, 1992.
Development Intensity Definitions
(See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Recreation Space, Recreation
Space Ratio, Pedestrian/Landscaped Space, Pedestrian/Landscaped Space Ratio.)
Development, Multi-phase
A development containing 100 acres or more that(i) is submitted for site plan approval for construction to
occur in more than one phase, and (ii) is subject to a master development plan with committed elements,
including a requirement to offer land for public use as a condition of its master development plan
approval. Note that"master development plan" is not the same as the master plan required as part of an
MPD-CD (Master Plan Development) application.
Digital Flood Insurance Rate Map (DFIRM)
The digital official map of a community, issued by the Federal Emergency Management Agency(FEMA),
on which both the Special Flood Hazard Areas and the risk premium zones applicable to the community
are delineated.
Direct Light
Light emitted directly from the lamp, off of the reflector diffuser, or through the refractor or diffuser lens, of
a luminaire.
z'6 This definition has been revised to eliminate the outdated reference to"Best Management Practice".
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Article 10: Definitions 115
Section 10.1: Definitions
Discharge
The addition of any human-induced effluent either directly or indirectly to state surface waters.
Discharge, Domestic Wastewater
Sewage, unprocessed industrial wastewater, other domestic wastewater, or any combination of these
items. Domestic wastewater includes, but is not limited to, liquid waste generated by domestic water
using fixtures and appliances, from any residence, place of business, or place of public assembly, even if
it contains no sewage. Examples of domestic wastewater include once-through non-contact cooling
water, seafood packing facility discharges, and wastewater from restaurants.
Discharge, Industrial
The discharge of industrial process treated wastewater or wastewater other than sewage. Stormwater
runoff27 shall not be considered to be an industrial wastewater unless it is contaminated with industrial
wastewater. Industrial discharge includes:
a) Wastewater resulting from any process of industry or manufacture, or from the development of
any natural resource;
b) Wastewater resulting from processes of trade or business, including wastewater from
laundromats and car washes, but not wastewater from restaurants; or
c) Wastewater discharged from a municipal wastewater treatment plant requiring a pretreatment
program.
Disposal
The discharge, deposit, injection, dumping, spilling, leaking or placing of any solid waste into or on any
land or water so that the solid waste or any constituent part of the solid waste may enter the environment
or be emitted into the air or discharged into any waters, including groundwater.
Disposal, Waste
The use of waters for disposal of sewage, industrial waste or other waste after approved treatment.
Ditch
A constructed channel, other than a modified natural stream constructed for drainage purposes, that is
typically dug through inter-stream divided areas. A ditch or canal may have flows that are perennial,
intermittent, or ephemeral and may exhibit hydrological and biological characteristics similar to perennial
or intermittent streams.
Dwelling, Multi-Family
A building or lot containing three or more dwelling units.
Dwelling, Single Family
A detached building containing one dwelling unit.
Dwelling, Two Family
A detached building containing two dwelling units (duplex).
Dwelling Unit
A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation.
Mobile Homes and modular units are to be considered dwelling units under this definition.
EA
An Environmental Assessment.
27 Consistent use of"stormwater runoff".
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Article 10: Definitions 116
Section 10.1: Definitions
EA, Completed
An Environmental Assessment that has been accepted by the Orange County Planning Department as
technically acceptable for purposes of this Ordinance.
EIS
An Environmental Impact Statement.
EIS, Completed
An Environmental Impact Statement that has been accepted by the Orange County Planning Department
as technically acceptable for the purpose of being transmitted to the State Clearinghouse or for being
reviewed for adequacy by the Orange County Planning Department.
Easement
A grant of rights by a property owner to another individual, group or governmental unit to make limited
use of a portion of real property for a specified purpose.
Eating and Drinking Establishments
Land uses providing for the consumption of food and/or drink to its clientele on or off site,
Economic Development Activity Node
Land in Transition Areas of the County, as designated in the Comprehensive Plan, which has been
specifically targeted for economic development activity consisting of light industrial, distribution, flex
space, office, and service/retail uses. Such areas are located adjacent to interstate and major arterial
highways, and subject to special design criteria and performance standards. Flex space typically includes
one-story buildings designed, constructed, and marketed as suitable for use as offices but able to
accommodate other uses; e.g., warehouse, showroom, manufacturing assembly or similar operations.
Efficiency Apartment
An additional dwelling unit accessory to a single family residence meeting the development criteria
outlined within this Ordinance.
Elevated Building
A non-basement building, which has its reference level raised above ground level by foundation walls,
shear walls, posts, piers, pilings, or columns with openings sufficient to facilitate automatic equalization of
hydrostatic flood forces on exterior walls by allowing entry and exit of floodwaters and the unimpeded
movement of floodwaters.
Encroachment
The advance or infringement of uses, fill, excavation, buildings, permanent structures or development into
a floodplain, which may impede or alter the flow capacity of a floodplain.
Engineered (OF StF l I)-Stormwater Controls
AEngineered structures or practicesal Roc+ MaRageMeR+ oraGtiGe (Rnao) used to reduce non-point source
pollution to receiving waters in order to achieve water quality protection goals. (See also,.&e
Management DraGticesStormwater Control Measure,-and Detention Pond, Infiltration Systems) (— "
otherwise SpeGmied, `BIVI , WheR used this OrdinaRee, refers to StruEturalEMPs-)278
Environmental Document
An EA, EIS, or FONSI, or all of them.
278 This definition has been revised to eliminate the outdated reference to"Best Management Practice".
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Article 10: Definitions 117
Section 10.1: Definitions
Environmentally Sensitive Areas
Land which is subject to special natural environmental conditions such as flooding that present significant
constraints to built development.
Equestrian Center
A facility designed and intended for the display of equestrian skills and the hosting of events including, but
not limited to, show jumping, dressage, rodeos, general horse/mule shows, and similar equestrian
disciplines. Events may be larger scale, such as horse shows expected to generate more than 80 traffic
trips per day, and may be held more frequently than once per month. A commercial stable may be
included on the site.
Erosion and Sedimentation Control Plan279
Any plan, amended plan, or revision to an approved plan submitted to Orange County, the North Carolina
Division of Energy, Mineral, and Land Resources, or a delegated authority in accordance with General
Statute 113A-57.
Evidentiary Hearing
A hearing to gather competent, material, and substantial evidence in order to make findings for a quasi-
judicial decision.
Existing Construction
Structures for which, the "start of construction" commenced before March 16, 1981. This term may also
be referred to as "existing structures."
Existing manufactured home park or manufactured home subdivision
A manufactured home park or subdivision for which, for flood damage prevention purposes, the
construction of facilities for servicing the lots on which the manufactured homes are to be affixed
(including, at a minimum, the installation of utilities, the construction of streets, and either final site
grading or the pouring of concrete pads)completed before March 16, 1981.
Extraction of Earth Products
The process of removal of natural deposits of mineral ores, soils or other solids, liquid or gaseous matter
from their original location. It does not include any processing of such material, beyond incidental
mechanical consolidation or sorting to facilitate transportation to the site of use or location of further
processing.
FONSI
A Finding of No Significant Impact. As pertaining to an EA or EIS.
Family
For purposes of this Ordinance, family shall be defined as an individual or two or more persons related by
blood, marriage or adoption, living together in a dwelling unit; or a group of not more than five persons
who need not be related in a dwelling unit. A"family" may include five or fewer foster children.
Family Care Facility
A facility which meets the definition of a family care home in NCGS 168-21.
Family Income
The gross annual sum of all income received by all adult members of the household, including:
a) Earned income from wages for all family members over the age of 18;
b) Income from assets;
279 NEW DEFINITION -this definition generally conforms to 15A NCAC 021-1.1002(Definitions)..
Orange County, North Carolina—Unified Development Ordinance Page 10-13
Article 10: Definitions 118
Section 10.1: Definitions
c) Child support, alimony, Welfare payments, Social Security payments, including SSI, Worker's
Compensation and Unemployment benefits;
d) Regular contributions and gifts;
e) Income from a business;
f) Earned income tax credits;
g) Lump sum payments such as inheritance, insurance settlements, and proceeds from sale of
property; and
h) Income from absent military personnel who are considered family members of the household.
Farming
The use of land consistent with the State of North Carolina's definition of farming, as contained in the
General Statutes.
Farm, Bona Fide
The use of land meeting the criteria for"Farm" as defined by the State of North Carolina in the General
Statutes.
Farm Equipment, Non-Farm Use of
Commercial use of the farm equipment for non-farming activities away from a bona fide farm. Examples
include grading services and landscaping services.
Farm Equipment Rental, Sales and Service
An establishment engaged in the rental, sales, service, and/or repair of construction or farm equipment,
including excavators, loaders, graders, bulldozers, farm tractors 50 horsepower or more in size and other
large, heavy-duty types of equipment used in the construction or farming industries but not including
horse trailers, trucks, or other vehicles designed for use on public roads.
Farm Supply Store
An establishment engaged primarily in the sale or rental of farm tools, small farming equipment, and farm
supplies. Retail sales of animal feed, grain, hardware, lumber, tack, riding attire, animal care products,
and the like may be an ancillary activity.
Federal Emergency Management Agency (FEMA)
The agency of the federal government chiefly responsible for studying and mapping flood plains and
developing guidelines limiting development therein.
Feed Mill
A building with machinery and apparatus for grinding and/or bagging grain.
Fertilizer
Any substance containing nitrogen or phosphorous which is used primarily for its plant food content.
Financial Services
Land uses providing economic and financial services to a clientele,
Financially Responsible Rer-sonParty280
In regards to soil-erosion and sedimentation control provisions, and party or entity who has financial or
operation control over a land-disturbing activity and/or the landowner or party/entity in possession or
control of the land who had directly or indirectly allowed a land-disturbing activity or had benefited from
such Hyland-disturbing activity.
Fixture
280 This definition has been revised to"Financially Responsible Party",so as to include corporations,etc.
Orange County, North Carolina—Unified Development Ordinance Page 10-14
Article 10: Definitions 119
Section 10.1: Definitions
A facility or any portion of a facility for the collection, storage, processing, treatment, recycling, recovery,
or disposal of hazardous waste on or in land in accordance with rules adopted by the State of North
Carolina Department of Environment and Nat-W.,I Reso uFGeS. Environmental Quality.281
Health and Personal Care Facility
A public or private facility, establishment, or institution providing housing for 16 or more unrelated
individuals who are furnished meals and health/personal care on a continuing basis. Term includes:
convalescent homes, nursing homes, rest homes, assisted living facility, sanatoria, homes for the elderly,
handicapped, disabled, youthful offenders, addicted to alcohol or drugs, requiring professional health
care, adult supervision, or rehabilitation.
Health Services
Establishments of licensed practitioners, or licensed persons independently practicing a profession,
primarily engaged in rendering medical, surgical and other health related and allied personal care
services in the health field (e.g. physicians, physical therapists, dentists, medical specialists).
High-Density Option
One of two approaches available for development in some watershed overlay districts. Generally, the
high-density option relies on density limits and engineered stormwater controls to minimize the risk of
water pollution.
High Quality Waters (HQW)282
Supplemental classification intended to protect waters which are rated excellent based on biological and
physical/chemical characteristics through NCDEQ monitoring or special studies, primary nursery areas
designated by the Marine Fisheries Commission, and other functional nursery areas designated by the
Marine Fisheries Commission.
Highest Adjacent Grade (HAG)
The highest natural elevation of the ground surface, prior to construction, next to the proposed walls of
the structure.
Historic structure
Any structure that is:
a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.
Department of Interior)or preliminarily determined by the Secretary of Interior as meeting the
requirements for individual listing on the National Register;
b) Certified or preliminarily determined by the Secretary of Interior as contributing to the historical
significance of a registered historic district or a district preliminarily determined by the Secretary
to qualify as a registered historic district;
c) Individually listed on a local inventory of historic landmarks in communities with a "Certified Local
Government (CLG) Program,"which has been approved by the Department of the Interior; or
d) Certified as contributing to the historical significance of a historic district designated by a
community with a "Certified Local Government (CLG) Program". (CLG Programs are approved
by the US Department of the Interior in cooperation with the North Carolina Department of
Cultural Resources through the State Historic Preservation Officer as having met the
requirements of the National Historic Preservation Act of 1966, as amended).
Holiday Decoration
Holiday displays, decorations and greetings, which relate to any federally designated holiday, legal
holiday or religious holiday.
Home Occupation, Major
An accessory business use which is owned and operated by the resident of the property, located on a
single parcel of land at least five acres in size in the AR and R-1 zoning districts, and is clearly incidental
211.Correct entity name.
2112 NEW DEFINITION—this definition generally conforms to NCDEQ's formal definition.
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Article 10: Definitions 120
Section 10.1: Definitions
and subordinate to the principal residential use of the property. Major home occupations, which do not
meet the standards of a minor home occupation, shall accommodate for larger scale accessory business
uses by allowing for an increase in square footage, number of onsite employees, students, customers,
clients, and annual events with an approved Special Use Permit.
Home Occupation, Minor
An accessory business use, which is owned or operated by the resident of residentially-zoned property,
and is clearly incidental and subordinate to the principal residential use of the property.
Home Park
A parcel of land under single ownership which has been planned and improved in compliance with
Sections 3.8 and 5.5.4 for the placement of mobile homes/manufactured homes and Temporary
Residential Units for use during the duration of the lease. The term includes mobile home parks
developed under previous permitting requirements.
Home Park Space
A parcel of land occupied or intended to be occupied by one and only one Mobile Home or Temporary
Residential Unit and for the exclusive use of the occupants of said dwellings.
Immediate Neighborhood
A subdivision or area of the county which distinguishes it from other subdivisions or areas by virtue of its
location within the service area of a park site or sites as shown on the adopted "Recreation Service Area
Boundaries Map" on file in the Planning Department.
Impervious Surface
A surface composed of any material that impedes or prevents the natural infiltration of water into the soil.
Such surfaces include concrete, asphalt and gravel surfaces. These include, but are not be limited to,
streets and parking areas, sidewalks, patios, and structures that cover the land.
Infiltration
The absorption of stormwater r-un-offrunoff283 into the ground. Infiltration allows for pollutants to be filtered
from the water prior to its reaching the groundwater table, preventing the deposit of the pollutants directly
into drinking water supplies.
Infiltration Systems284
Stormwater Control Measures (SCMs) designed to allow stormwater runoff to move into the soil's pore
space and subsurface. (See also, Stormwater Control Measure and Engineered Stormwater Controls).
Institutional Use
A nonprofit, religious, or public use, such as a church, library, public or private school, hospital, university,
or government owned or operated building, structure, or land used for public purpose.
Interested Party
For purposes of quasi-judicial evidentiary hearings an interested party is one who has standing as that
term is defined by applicable North Carolina statutory and case law.
Junk Yard
An establishment operated or maintained for the purpose of storing, dismantling, salvaging, recycling,
buying or selling scrap or used materials such as paper, metals, rubber, rags, glass, wrecked, used or
dismantled products and articles, such as machinery, vehicles, appliances and the like.
211.Consistent use of"stormwater runoff'.
2114 NEW DEFINITION -this definition generally conforms to 15A NCAC 02H.1002(Definitions).
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Article 10: Definitions 121
Section 10.1: Definitions
Junked or Wrecked Motor Vehicles
Motor Vehicles which do not display a current license plate or a current registration sticker and which
either: (a) are partially dismantled or wrecked, or (b)cannot be self-propelled or moved in the manner in
which originally intended to move.
Kennel (Class II)
An establishment involving animals of any species, excluding domesticated livestock, engaged in any of
the following:
a) The owning or keeping, for any purpose, of 20 or more animals
b) The selling and/or training of guard dogs or security dogs
c) The keeping of more than five animals at any given time for the purpose of breeding, boarding, or
rehabilitation.
The operator of a Kennel (Class ll)shall be allowed to reside on the property to ensure the continuous
care of the animals kept on-site.
Lamp
See Outdoor Lighting, Lamp.
Land Area Measurement Definitions
(See Lot Line, Lot Line Front, Lot Line Rear, Lot Line Side, Open Side, Open Space Front, Open Space
Rear)
Land-Disturbing Activity
Any use of the land that results in a change in the natural cover or topography that may cause or
contribute to sedimentation.
Landfill
A site within which is deposited solid waste material, including trash, construction debris, stumps,
branches and limbs, garbage and industrial waste.
Landfill, Discharging
A landfill facility with liners, monitoring equipment and other measures to detect and/or prevent leachate
from entering the environment and in which the leachate is treated on site and discharged to a receiving
stream. Discharging landfills require a National Pollution System (NPDES) Permit from the North
Carolina Division of Water Qaat+t�-.Resources.285
Land Use Intensity Definitions
(See Non-residential Land Area, Non-residential Floor Area, Residential Floor Area, Floor Area Ratio,
Open Space, Open Space Ratio, Livability Space, Livability Space Ratio, Floor Area Ratio, Open Space,
Open Space Ratio, Recreation Space, Recreation Space Ratio, Pedestrian/Landscaped Space,
Pedestrian/Landscaped Space Ratio.)
Land Use Permit
A zoning permit, subdivision approval, building permit, site plan, or special use permit.
Land Use Plan
A set of documents and maps that categorize existing patterns of land development and set guidelines for
the desirable intensity, density, quantity, type, location and timing of future development based upon the
goals and policies set forth in the Plan. The Land Use Plan can be found in the Land Use Element of the
Comprehensive Plan.
Leather and Allied Product Manufacturing
285 Correct entity name.
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Article 10: Definitions 122
Section 10.1: Definitions
New construction
Structures for which the "start of construction" commenced on or after March 16, 1981, and includes any
subsequent improvements to such structures.
Night Club, Bar, or Pub
An establishment that allows food, alcoholic drink and/or entertainment.
Non-Conformance
Non-conformities are:
a) Lots;
b) Uses of land without structures or with minor structures only;
c) Uses of major structures and premises;
d) Characteristics of Use; and
e) Structures
which were lawful but would be prohibited, regulated or restricted by the enactment of this Ordinance or a
subsequent amendment thereto. Non-conformity may also be created by lawful public taking or actions
pursuant to a court order and have the same effect as violations of this Ordinance, if undertaken privately.
Non-Conversion Agreement:
A document stating that the owner will not convert or alter what has been constructed and approved.
Violation of the agreement is considered a violation of the ordinance and, therefore, subject to the same
enforcement procedures and penalties. The agreement must be filed with the recorded deed for the
property. The agreement must show the clerk's or recorder's stamps and/or notations that the filing has
been completed.
Non-Encroachment area
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to
discharge the base flood without cumulatively increasing the water surface elevation more than one foot
as designated in the Flood Insurance Study report.
Non-Point Source Pollution
Pollution which enters waters mainly as a result of precipitation and subsequent FUR-e##stormwater
runoff286 from lands which have been disturbed by MaR'shuman287 activities and includes all sources of
water pollution which are not required to have a state or local or state permit for discharge into a stream.
Non-Residential Development
Development of any land use which is not residential in nature, including uses (such as churches)which
are allowed in residential zoning districts.
Non-Residential Floor Area - Inclusions and Exclusions
The sum of areas for non-residential use on all floors of the building measured from the outside faces of
the exterior walls, including halls, lobbies, arcades, stairways, elevator shafts, enclosed porches and
balconies, and below-grade floor areas used for non-residential access and storages. Not countable as
floor area are:
a) Open terraces, patios, atriums, or balconies.
b) Any residential space.
Non-Residential Land Area
All land for non-residential development and related uses, including open space, within the district in the
case of locations which are controlled by these regulations. Non-residential land area shall not be
construed to include lands not beneficial to non- residential use due to location or character, or areas
used predominantly for residential purposes.
2ss Consistent use of"stormwater runoff'.
287 Text correction—grammar fix.
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Article 10: Definitions 123
Section 10.1: Definitions
Nursing Home
See Health and Personal Care Facility.
Nutrient Sensitive Waters NSW 288
Those waters which are so designated in the classification schedule in order to limit the discharge of
nutrients (usually nitrogen and phosphorous). They are designated by"NSW"following the water
classification.
Obstruction
Includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection,
excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill,
structure, vegetation or other material in, along, across, or projecting into any watercourse, which may
alter, impede, retard, or change the direction and/or velocity of the flow of water, or due to its location, its
propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried
downstream.
Office Use
A land use providing professional and clerical activities associated with the operation of a business or
provision of professional services to clientele.
Open Burning Of Trees, Limbs, Stumps And Construction Debris Associated With
The Permitted Activity
The disposal of limbs, stumps and construction debris associated with the permitted activity by means of
outdoor fires.
Open Space - (flexible development)
"Primary Open Space Areas" and "Secondary Open Space Areas", as defined in Section 7.12.4, which
are preserved through conservation easements or other restrictions in a flexible development subdivision.
Open Space - (land use intensity)
A. Open space is the total horizontal area of uncovered open space plus half the total horizontal
area of covered open space subject to limitations set forth below.
B. Uncovered open space is total gross land area not covered by buildings, plus open exterior
balconies and roof areas improved as recreation space.
C. Covered open space is usable open space closed to the sky, but having two clear unobstructed
open or partially open sides. Partially open sides is to be construed as 50% or more. Examples
of covered space are covered balconies, covered portions of improved roof areas, or space under
buildings supported on columns or posts or cantilevered. The square footage countable as
covered open space shall not exceed the square footage of the open space sides.
Open Space Ratio
The minimum square footage of open space required for each square foot of gross land area. This area
includes parking and vehicular access areas and it can also include balconies, and roofs improved for
recreation.
Outdoor Advertising Industry
The organizations that provide outdoor displays or display space on a lease or rental basis.
Outdoor Lighting
Installation of lighting equipment, whether attached to poles, building structures, the earth, or any other
location to allow for the illumination of a building and exterior area(s)within the confines of a defined
property line. Included are open air spaces on a property, which are under a roof or other cover and not
fully enclosed such as a canopy, pavilion, drive-through bay, or parking deck.
2..Added appropriate acronym (NSW)for this definition.
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Article 10: Definitions 124
Section 10.1: Definitions
An outdoor fixture shielded or constructed in such a manner that it emits no more than 5% of its light
above the horizontal plane of the fixture, and no more than 20% of its light ten degrees below the
horizontal plane of the fixture.
Outdoor Lighting — Sodium Vapor Luminaries
Lamps within which ultraviolet and yellowish-orange visible light is produced by an electric charge through
a small amount of sodium and neon gas.
Outdoor Lighting, Tube Lighting
Gas-filled glass tube, excluding common fluorescent tube bulbs, that becomes luminescent in a color
characteristic of the particular gas used, such as neon, argon, krypton, etc.
Outdoor Lighting, Upward
Projection of light above the horizontal plane.
Overlay Zoning District; Overlay Zone
A special zoning district that applies supplemental standards in addition to the underlying zoning
requirements.
Package Treatment Plant
Privately owned and operated sewage treatment facility. These plants are prefabricated by the
manufacturer and delivered as completed units to the clients.
Paperboard Containers and Box Manufacturing, Assembly, and Processing
A land use engaged in converting previously manufactured paperboard into containers. Does not include
the actual manufacturing of the paperboard product. Please refer to Pulp, Paper, and Paperboard Mills as
defined herein.
Parking Deck
A special structure of two or more levels designed to be used for the temporary storage of motor vehicles.
Pedestrian/Landscape Ratio
This is the minimum square footage of pedestrian access and landscaped areas in a non-residential
development for each square foot of gross land area.
Pedestrian/Landscaped Space
Pedestrian/landscaped space is part of total open space appropriately improved and located as outdoor
space for pedestrian use and for aesthetic appeal. Such space includes lawns and other landscaped
areas, walkways, paved terraces and sitting areas. Such space shall not be used for vehicles except for
incidental service, maintenance or emergency actions.
Performance Guarantee289
A financial, contractual, obligation ensuring completion of approved development activities consistent with
the provisions of County. State, and Federal law.
Personal Services
An establishment engaged in providing services generally involving the care of the person (e.g.
hairdresser, tailor, laundry, etc.).
Petroleum and Coal Product Processing, Preparation, and Distribution
A land use engaged in the transformation of crude petroleum and coal into usable products, including the
separation of crude petroleum into component products through such techniques as cracking and
distillation. Allowable activities include manufacturing of asphalt for paving or roofing, manufacturing of
asphalt shingles and coating. This activity does not include the manufacturing of Petroleum and
289 NEW DEFINITION—clarification of Performance Guarantees is the focus of these LIDO text amendments.
Orange County, North Carolina—Unified Development Ordinance Page 10-35
Article 10: Definitions 125
Section 10.1: Definitions
State Agency
Every department, agency, institution, public authority, board, commission, bureau, division, council,
member of Council of State, or officer of the State government of the State of North Carolina.
State Clearinghouse
The clearinghouse agency established by the North Carolina Department of Administration under the
North Carolina Environmental Policy Act.
State Mandate
The minimum Rules adopted by the Environmental Management Commission for application to North
Carolina's water supply watersheds, as required by the Water Supply Watershed Protection Act. The
purpose of the Act, as stated in its opening paragraph, is "... to protect and enhance the quality of the
State's surface water supplies by establishing a cooperative program of water supply protection to be
administered by local governments consistent with statewide management requirements established by
the Environmental Management Commission (EMC)." (See related definition "Water supply watershed").
Stockyard / Livestock Market
A facility where livestock are kept temporarily awaiting purchase and/or transport; such facilities may
include enclosed pavilions, grandstands, paddocks, and stalls.
Storage of Goods
A land use where secured space, indoors or outdoors, is rented to tenants for the safeguarding and/or
keeping of general merchandise, refrigerated goods, and other personal items on a short or long term
basis.
Stormwater, Stormwater Collection System290
Any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting (not treating) F61R-
effstormwater runoff . A stormwater collection system does include vegetated swales, swales stabilized
with armoring or alternative methods where natural topography prevents the use of vegetated swales
(subject to case-by-case review), curb outlet systems or pipes used to carry drainage underneath built-
upon surfaces that are associated with development controlled by the provisions of 15A NCAC 2H
1003(c)(1).
Stormwater, Stormwater Control Measure (SCM)291
A permanent structural device that is designed, constructed, and maintained to remove pollutants from
stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting
infiltration, evapo-transpiration, post-filtration discharge, reuse of stormwater, or a combination thereof. A
non-point source pollution to receiving waters in order to achieve water quality protection and water
quantity limitation goals. (See also, Detention Pond and Engineered Stormwater . The term
takes the place of what was previously originally referred to,and defined as a `Best Management Practice'
or
'BMP'. (See also, Detention Pond, Engineered Stormwater Controls, Infiltration Systems)
Stormwater, SCM Operation and Maintenance Agreement (OMA)292
A notarized and recorded agreement requiring the owning entity of a Stormwater Control Measure (SCM)
to maintain, repair and, if necessary reconstruct the SCM in conformance with the approved Stormwater
Management Plan (SMP). The SCM Operation and Maintenance Agreement shall include the required
SCM Operation and Maintenance Plan (as "Attachment A") and shall meet the requirements of the most
current version of the NCDEQ Stormwater Design Manual.
290 This definition generally conforms to 15A NCAC 02H.1002 (Definitions).
2e1 This definition has been revised for general conformance to 15A NCAC 02H.1002 (Definitions).
292 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s)of this
Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 10-55
Article 10: Definitions 126
Section 10.1: Definitions
Stormwater, SCM Operation and Maintenance Plan (OMP)293
A written plan describing the detailed requirements, corrective actions, and roles related to the operation
and maintenance of a Stormwater Control Measure (SCM) . The SCM Operation and Maintenance Plan
must be attached to the SCM Operation and Maintenance Agreement (as "Attachment A") and shall meet
the requirements of the most current version of the NCDEQ Stormwater Design Manual.
Stormwater, SCM Performance Guarantee294
A financial assurance instrument used to guarantee the complete construction of a Stormwater Control
Measure (SCM) in conformance with the approved Stormwater Management Plan (SMP). The SCM
Performance Guarantee instrument shall be secured and posted by the owning entity of the Stormwater
Control Measure (SCM), and shall meet the requirements of SL 2019-79 (SB 313).
Stormwater, Stormwater Management Plan (SMP)295
A set of plans and supporting calculations prepared and sealed bV a North Carolina registered
professional engineer or landscape architect (to the extent that the General Statute Chapter 89A allows),
detailing how a proposed development will meet the requirements of Section 6.14 of this Ordinance. A
Land Disturbing Permit (LDP) maV not be issued by the Erosion Control Officer until a Stormwater
Management Plan (SMP) is reviewed and approved. The SMP shall meet the requirements of the most
current version of the NCDEQ Stormwater Design Manual.
Stream
A body of concentrated flowing water in a natural low area or natural channel on the land surface.
Stream Buffer
An area of land adjacent to a stream or a FEMA-identified floodplain, whichever is greater, which, except
as permitted within this Ordinance, must remain undisturbed in its natural state. Streams are identified by
any of the following means:
a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps,
b) Shown as a water feature in the Orange County Soil Survey, or
c) A water feature identified by a field determination of County staff trained in surface water
identification through the North Carolina Division of Environmental Quality(NCDEQ).
Stream buffers shall extend around the perimeter of all other water features if any portion of the stream
buffer touches the water feature. Disputes pertaining to water feature identification decisions by County
staff shall be filed directly to the NCDEQ.
Stream, Ephemeral (Stormwater)
A feature that carries only stormwater runoff 296in direct response to precipitation with water flowing only
during and shortly after large precipitation events. An ephemeral stream may or may not have a well-
defined channel, the aquatic bed is always above the water table, and stormwater runoff is the primary
source of water. An ephemeral stream typically lacks the biological, hydrological, and physical
characteristics commonly associated with continuous or intermittent conveyance of water.
Stream, Intermittent
A well defined channel that contains water for only part of the year, typically during winter and spring
when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater
293 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s)of this
Ordinance.
294 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s)of this
Ordinance.
295 NEW DEFINITION—this definition has been added in order to support applicable Stormwater section(s)of this
Ordinance.
296 Consistent use of"stormwater runoff'.
Orange County, North Carolina—Unified Development Ordinance Page 10-56
127
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 4, 2021
Action Agenda
Item No. 3
SUBJECT: Unified Development Ordinance Text Amendment — Requiring Concept Plan
review for Conditional Districts
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Proposed UDO Text Amendment Michael D. Harvey, Planner III 245-2578
Craig Benedict, Director 245-2575
PURPOSE: To review County-initiated amendments to the Unified Development Ordinance (UDO)
requiring the submittal and review of a Concept Plan by the Board of County Commissioners
(BOCC) for all Conditional District (CD) applications.
BACKGROUND: BOCC members have suggested there be an initial public review period for CD
projects giving applicants an opportunity to solicit feedback from elected officials, staff, and the
public. The goal is to allow applicants an opportunity to understand concerns and, potentially, make
modifications to the project in advance of formal application submittal.
As currently proposed, the review process would work as follows:
1. After completion of a pre-development/scoping meeting with staff (Section 2.2.5 of the UDO),
an applicant would submit the Concept Plan application, including:
a. Application form and required review/advertising fee;
b. Detailed project narrative and draft site plan;
c. Summary of internal/external traffic improvements; and
d. Completed Environmental Assessment application.
2. Review of the Concept Plan would occur during a regularly scheduled BOCC business
meeting. Staff would send notice, and post signage on the subject parcel(s), advertising the
meeting consistent with Section 2.8.7 of the UDO.
3. The applicant would present the Concept Plan with the BOCC, staff, and the public offering
comments and/or feedback;
4. Once a Concept Plan has been reviewed, the applicant would submit a formal CD application
consistent with Section 2.9 of the UDO.
The amendment would have the following potential impacts:
i. Timeframe associated with processing CD applications (i.e. typically 6 to 8 months) would
increase by approximately 90 days (i.e. submittal of the Plan, review by staff, BOCC review,
modification/update addressing comment(s), etc.).
STAFF COMMENT: This process might reduce the need for multiple public hearings
on a CD request.
128
ii. Increased costs in required application fees, preparing required information for submittal, and
BOCC review of the Plan.
This amendment would NOT:
a. Provide some form of a guarantee with respect to the approval of a CD application if there is
an uncontentious Concept Plan review process;
b. Eliminate the Neighborhood Information Meeting (NIM) requirement; or
c. Modify notification requirements.
If approved, the cadence of review for a CD application will be as follows:
Pre-application Conference
with staff(Section 2.2.5 of the
UDO)
Submittal of Concept Plan
application (new Section 2.2.6
—Attachment 1)
Post signs/mail notice of
Concept Plan review meeting
Presentation of Concept Plan
at BOCC business meeting
Submittal of Conditional District application
package(minimum 45 days after review of
Concept Plan by BOCC)
Post signs/mail notice of Development Advisory
Neighborhood Information Committee(DAC)review
Meeting (NIM) (including external review
partners such as NC
Department of Transportation,
Holding of NIM local municipalities, utility
providers. etc.)
Planning Board
recommendation
Public legal ad, post
signs/mail notice of BOCC
public hearing
Staff and Planning Board
recommendations provided to
the BOCC
Public Hearing and BOCC
decision on rezoning request
129
As part of the formal amendment package, there will be a proposed amendment to the County fee
schedule incorporating the Concept Plan review fee for CD applications. This will be acted upon by
the BOCC as part of the UDO amendment package.
FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks
associated with amending the UDO.
RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed
amendments and provide any feedback to staff.
130
ARTICLE 2: PROCEDURES
SECTION • AUTHORITY
TABLE
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
AUTHORITIESTABLE 2.1: REVIEW AND DECISION MAKING
�DM=DECISION
DEVELOPMENTZONING/DEVELOPMENT EROSION
ADVISORYREVIEw RELATED PLANNING CONTROL OF PLANNING BOCC
PROCEDURES DIRECTOR OFFICER COMMITTEE ADiUSTMENT :.•-.
Zoning Compliance R and DM R R
Permits
Soil Erosion and
Sedimentation Control R and DM
Permits
Stormwater Management R and DM
Plans
UDO Text Amendments R R R[1] DM and
PH
Zoning Atlas R R R[1] DM and
Amendments PH
Special Use Permits R R R DM and EH
Zoning Variances R R DM and EH
Appeals/Interpretations R R DM and EH
Comprehensive Plan R R[1] DM and
Amendments PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM R and
[2] DM
Conditional District R R R R[1] R, DM,
and PH
Appeal
NOTES
[1] The Planning Board reviews applications and makes a recommendation prior to the public hearing held by the
Board of County Commissioners. The Board of County Commissioners may choose to refer an application
back to the Planning Board at the conclusion of the public hearing.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a recommendation
on the Preliminary Plat to the BOCC.
SECTIONAPPLICATIONS
2.2.1 Authority to File Applications
(A) Applications submitted under this Ordinance shall be submitted by the landowner, as
identified by the records of the Orange County Tax Office, or their authorized agent.
(B) If the applicant is not the owner, or sole owner, of the land, a notarized letter signed by
the owner(s) consenting to the submission of the application shall be submitted along
with all required application information and materials.
Orange County, North Carolina—Unified Development Ordinance Page 2-1
Article 2: Procedures 131
Section 2.2:Applications
2.2.2 Timely Processing of Applications
The Planning Director, Planning Board, Board of Adjustment, Board of County Commissioners
and all other authorized review and decision-making bodies shall make every reasonable effort to
process, review, and act on applications in a timely manner, consistent with the need to fully
consider the application's proposed impact and ensure that it is consistent with the spirit and
intent of the Orange County Comprehensive Plan and otherwise advances the public health,
safety, and general welfare.
2.2.3 Burden Of Proof
The burden of demonstrating that an application complies with applicable submittal, review, and
approval criteria is on the applicant.
2.2.4 Form of Application and Filing Fees
(A) Unless a greater number is specified herein for a specific review procedure, three copies
of all applications, including required supporting documentation, shall be submitted by the
applicant. Applications detailing the submittal requirements for each type of application
are available in the Planning Department office.
(B) Officials responsible for accepting applications shall maintain a list specifying the
materials and information to be submitted with each application filed. The list shall be
made available to all applicants and to any other person who requests a copy.
(C) The Planning Director is authorized to propose and promulgate administrative
regulations, including but not limited to the type and amount of data required for a
completed application, in order to implement the provisions of this Ordinance.
(D) Applications must be accompanied by the fee amount that has been established by
Board of County Commissioners. Application fees are nonrefundable.
2.2.5 Pre-application Conference
(A) Prior to submittal of an application for review and approval of a:
(1) Non-residential development,
(2) Special Use Permit (SUP),
(3) Conditional District,
(4) Major Subdivision, and/or
(5) Minor Subdivisions Utilizing the Flexible Development Option.
The applicant shall schedule a pre-application conference with the Planning Department.
(B) In preparation for the pre-application conference, the applicant shall submit a sketch plan
illustrating the location, size and major design elements of the proposed development no
later than five working days prior to the pre-application meeting.
(C) The Planning Department may request that representatives of other public agencies be
present at the pre-application conference, including, but not limited to:
(1) Planning Board,
(2) Building Inspections,
(3) Health Department,
(4) Engineering,
(5) Parks and Recreation,
(6) The municipalities of Chapel Hill, Carrboro, Hillsborough, Mebane, and Durham,
(7) North Carolina Department of Transportation (NCDOT), and
Orange County, North Carolina—Unified Development Ordinance Page 2-2
Article 2: Procedures 132
Section 2.2:Applications
(8) Utility Providers.
(D) The applicant will be advised of the various development standards and review/approval
processes for the project as well as any preliminary concerns regarding the project.
2.2.6 Concept Plan
Review'
(A) Conditional District proposals shall submit a Concept Plan for processing prior to the
formal submittal of an application.2
The purpose of the review is to allow the applicant, staff, public, and Board of County
Commissioners to review, consider, and comment on the proposal in advance of a formal
Conditional District application submittal. Applicants proceed with the understanding and
expectation of receiving feedback from staff, public and Board members.'
(B) The submittal shall include:
(1) Completed application form.
(2) Application processing fee.'
(3) Detailed project narrative including, but not limited to, summary of land uses,
proposed conditions, and language outlining compliance with the adopted
Comprehensive Plan and any applicable small area plans.
(4) A site plan prepared in accordance with Section 2.5 of the Ordinance. Proposals
involving Master Plan Development (MPD) shall comply with Section 6.7 of this
Ordinance.
(5) A summary of anticipated traffic improvements, both internal and external.5
(6) An Environmental Assessment completed in accordance with Section 6.16 of this
Ordinance.'
(C) The Concept Plan shall be reviewed by the Board of County Commissioners at a
regularly scheduled business meeting,'Staff shall send written notice, and post the
property, advertising the meeting in accordance with Section 2.8.7 (c) and (d) of this
Ordinance.'
(D) Withdrawal of an application shall impose restrictions on the submittal of new applications
consistent with Section 2.2.8 of this Ordinance.'
1 BOCC members have expressed a desire to have been able to offer comment(s)on Conditional District proposals
prior a public hearing. This amendment is at attempt to address this request.
2 The Concept Plan review applies to Conditional District projects where the County has greater latitude to require
development conditions addressing development impacts.
'The review process provides an opportunity for applicants to seek feedback/guidance from the BOCC on the
appropriateness of a proposed project as well as allowing the public to become familiar with the proposal in
advance of a formal Conditional District application submittal.
4 Originally,staff was attempting to not require an application fee. Unfortunately, in an effort to offset staff time
and advertising(i.e. mailing)costs,a review fee will be required for a Concept Plan.
S While it is not practical to anticipate a full traffic impact analysis(TIA)at this stage,staff is recommending
applicants be required to provide a synopsis of anticipated traffic impacts/improvements for a given project for
review and discussion.
'Staff is recommending an environmental assessment be provided consistent with Section 6.16 of the UDO.
'The review of a Concept Plan will not eliminate the requirement for the holding of a neighborhood information
meeting as detailed in Section 2.9.1(E)of the UDO.
8 Property owners within 1,000 ft.shall be notified of the meeting. Signs shall also be posted on the property
advertising the meeting date/time. At this time,staff is not proposing a newspaper ad for the meeting.
9 This language is an attempt to address a concern from the County Attorney's office related to potential
procedural issues. The Attorney suggested it might be prudent to establish a limit on the submittal of
Orange County, North Carolina—Unified Development Ordinance Page 2-3
Article 2: Procedures 133
Section 2.2:Applications
2:22.2.7 Application Completeness
(A) An application shall be considered complete and ready for processing only if it is
submitted in the required form and quantity, includes all required information, and is
accompanied by the required filing fee.
(B) The Planning Director shall review all submitted applications to determine compliance
with all submittal requirements.
(C) The Planning Director shall accept or reject an application within five business days from
the date of submittal. If the application is not acted upon within this time frame, the
applicant shall receive a full refund of all filing fees if the application is rejected.
(D) The Planning Director shall notify the applicant, in writing, of any deficiencies in the
application and invite the applicant to revise the application to correct identified
deficiencies. If or when the application complies with all submittal requirements, the
Planning Director shall accept the application as complete and notify the applicant of its
acceptance.
(E) No further processing of incomplete applications will occur until deficiencies are
corrected.
2.2.72.2.8 Withdrawal of Applications
(A) Submission of Request
Any request for withdrawal of an application subject to a public hearing shall be submitted
in writing to the Planning Director, or shall be made through a verbal request at a public
hearing.
(B) Prior to Notice of Public Hearing
The Planning Director shall approve a request for withdrawal of an application if it has
been submitted prior to public notification of the application in accordance with public
notification requirements for the specific application type.
(C) Subsequent to Notice of Public Hearing
Withdrawal of an application subsequent to public notification of the application in
accordance with public notification requirements for the specific application type shall be
considered, for the purposes of this Article, a denial of the application.
(D) Fees
Fees shall not be refunded for withdrawn applications.
2.2.82.2.9 Effect of Denial on Subsequent Applications
(A) If the Board of County Commissioners denies an application, or the application is
withdrawn subsequent to notice of the public hearing thereon, no application for the same
or similar amendment, affecting the same property or a portion of it, may be submitted for
a period of one year. Said one year period begins on the date of denial or withdrawal, as
appropriate.
2.2.92.2.10 Manner of Review
Applications requiring a public hearing shall be reviewed using either a legislative process or a
quasi-judicial process as follows:
updated/revised Concept Plans to avoid confusion for staff, local elected officials,and the public. If an application
is withdrawn from consideration after scheduling of BOCC review/advertising takes place,additional application(s)
cannot be filed for a period of 1 year.
Orange County, North Carolina—Unified Development Ordinance Page 2-4
Article 2: Procedures 134
Section 2.3: Comprehensive Plan Amendments
(A) Comprehensive Plan amendments—legislative
(B) Special Use Permits—quasi-judicial
(C) Zoning Atlas and Unified Development Ordinance amendments—legislative
(D) Conditional District- legislative
SECTION • Comprehensive Application
AMENDMENTS Plan Submittal
2.3.1 Review and Approval Flow Chart Amendments
The review and approval process for Comprehensive
Plan Amendments is shown in the procedure's Text Future Land Use Map
flowchart. F
2.3.2 Generally
Post Sign /Mail Notice for
(A) The Comprehensive Plan shall be so Planning Board Meeting
prepared that all or individual elements and and Public Hearing
parts thereof may be adopted and/or
amended by the Board of Commissioners.
(B) For the purpose of establishing and Development Advisory
maintaining sound, stable, and desirable Committee Meeting
development within Orange County, the
Comprehensive Plan or portion thereof shall
not be amended except as follows:
Staff Recommendation to
(1) Because of changed or changing Planning Board
conditions in a particular area or
areas of the County;
(2) To correct an error or omission; or
Planning Board Review
(3) In response to a change in the and Recommendation
policies, objectives, principles or
standards governing the physical
development of the County.
Publish Legal Ad
2.3.3 Initiation of Amendments (Both Amendment Types)
(A) An amendment to the Comprehensive Plan
or portion thereof may be initiated by:
(1) The Board of Commissioners on its Staff and Planning Board
own motion; Recommendation to BOCC
(2) The Planning Board;
(3) Application, by any person or
agency, which accurately and Public Hearing
completely sets forth the reason(s)
for the proposed amendment as
prescribed in Section 2.3.2(8); or
BOCC Decision
(4) The Planning Director.
(B) Once initiated, all amendments shall be
referred to 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 2-5
Article 2: Procedures 135
Section 2.9: Conditional Districts
SECTION • : CONDITIONAL
2.9.1 Conditional Districts
(A) Generally
Only those uses listed on the Table of Permitted Uses in Section 5.2 for a specific
Conditional District and detailed in Section 3.8 of this Ordinance shall be developed.
(B) Applications
Applications to rezone property to a Conditional District shall be submitted to the
Planning Director and shall be processed in accordance with the procedure(s)for:
(1) Zoning Atlas amendment (Section 2.8),
(2) Site plans (Section 2.5)for Conditional Districts that require a site plan, and
(3) The provisions of this Section.
(C) Submittal Requirements
(1) In addition to the Conditional District application form, an applicant shall also
submit the following information:
(a) A site plan prepared in accordance with the provisions of Section 2.5 of
this Ordinance, except for Master Plan Development (MPD)-CD
applications (see (C)(2) below).
(b) A detailed description of the proposed use of property including an
outline of the proposed development.
(c) A detailed traffic survey, regardless of the estimated number of trips per
day, prepared in accordance with all applicable North Carolina
Department of Transportation (NC DOT) requirements or standards as
well as Section 6.17 of this Ordinance.
(d) The appropriate Environmental Document prepared in accordance with
Section 6.16.
(e) A landscape plan showing the location of on-site significant trees;
proposed screening, buffers, and landscaping; and any proposed
treatment of any existing natural features.
(f) A summary of utility services, including processing of wastewater. For
Home Park (HP) CD, the utility service plan shall specify if the proposed
services are temporary or permanent connections.
(g) A schedule of construction of all elements of the proposal.
(h) Any other information identified during the pre-application conference
deemed essential to demonstrate the project's compliance with these
regulations.
(2) In lieu of the requirements in (1)(a) above, an application for a Master Plan
Development(MPD) CD shall include the requirements in Section 6.7. The
requirements of(1)(b)through (1)(h) above are applicable for MPD-CD
applications.
(3) 26 copies of the application package required in (1) and (2) above shall be
submitted by the applicant.
(4) The Planning Board and/or Board of County Commissioners may request
additional information in order to evaluate and properly process the application
for a Conditional District.
Orange County, North Carolina—Unified Development Ordinance Page 2-30
Article 2: Procedures 136
Section 2.9: Conditional Districts
(5) Applications shall only be accepted 45 days after review of the Concept Plan by
the Board of County Commissioners.10
(D) Concept Plan Review
(1) All applications shall comply with Section 2.2.6 of this Ordinance
(D),(ELNeighborhood Information Meeting
(1) After review of a Concept Plan, and 9before a Public Hearing may be held on an
accepted application for a Conditional District, the applicant is required to
schedule, with the assistance of the Planning Department, a minimum of one
neighborhood information meeting. The purpose of this meeting is to obtain
additional surrounding property owner input and comments on the proposed
development project.
(2) The applicant shall obtain property owner mailing address information from the
Orange County Planning Department and shall mail notices of the meeting date
and time via first class mail to each property owner within one thousand feet of
the property for which a Conditional District has been requested.
(3) The notices shall be mailed a minimum of 14 days prior to the date of the
proposed Neighborhood Information Meeting.
(4) 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.
(5) The meeting shall be held a minimum of 14 days prior to the date of the Planning
Board meeting where the application is scheduled for review.
(E—)LI=LReview and Evaluation of Application
The review, processing, and evaluation of a Conditional District application is a legislative
process subject to judicial review using the same procedures and standards of review
that apply to conventional district zoning decisions.
(F)LgL_Approval and Conditions
(1) The Board of County Commissioners shall take action on the application to
rezone the property in accordance with the procedures outlined within Section
2.8.
(2) The applicant or the County may recommend that reasonable and appropriate
conditions be attached to the approval of the application
(3) Conditions and site-specific standards shall be limited to those that address the
conformance of the development to County ordinances, the adopted
Comprehensive Plan, or any other relevant plans that address the impacts
reasonably expected to be generated by the proposed development. Any such
conditions may address:
(a) The compatibility of the proposed development with surrounding
property,
(b) Proposed support facilities (i.e. roadways and access points, parking
areas and driveways, pedestrian and vehicular circulation systems,
screening and buffer areas, the timing of development, street and right-
of-way improvements, storm water drainage, the provision of open
space, etc), and/or
10 Staff is attempting to establish a 'waiting period'from Concept Plan review and formal Conditional District
application submittal. This is to allow sufficient time for modification(s), if any,to the proposal incorporating
comments from the formal Concept Plan review.
Orange County, North Carolina—Unified Development Ordinance Page 2-31
Article 2: Procedures 137
Section 2.9: Conditional Districts
(c) All other matters the County may find appropriate or the petitioner may
propose.
(4) Conditions of approval may include dedication to the County or State, as
appropriate, of any rights-of-way or easements for streets, water, sewer, or other
public utilities necessary to serve the proposed development.
(5) The applicant shall have a reasonable opportunity to consider and respond to
any requirements/conditions requested by the County prior to final action by the
Board of County Commissioners on the disposition of the application. The
applicant shall agree in writing to any conditions prior to a final decision on the
application.
kG)(H)Effect of Approval
(1) Approval of a Conditional District is binding on the property and the development
and use of the subject property shall be governed by the Ordinance requirements
applicable to the specific Conditional District and all approved conditions.
(2) The applicant shall comply with all requirements established in the Conditional
District approval Ordinance. Only those uses and structures included in the
Conditional District approval Ordinance and approved site plan shall be allowed
on the subject property.
(H)() Zoning Atlas Designation
Following approval of the Conditional District by the Board of County Commissioners, the
subject property shall be identified on the Zoning Atlas by the appropriate district
designation.
fI}(J} Alterations to an Approved Conditional District
(1) Except as provided in Section 6.7.2 for MPD-CD projects, changes to approved
plans and conditions of development shall be treated as changes to the zoning
atlas and shall be processed as an amendment to such as contained in this
Article.
(2) The Planning Director may approve minor changes without going through the
amendment process. The Planning Director, at his/her discretion, may elect not
to allow any proposal as a minor change and will forward the detailed application
for changes to the Planning Board and Board of County Commissioners for
consideration in accordance with the procedures outlined herein.
(3) A minor change is one that will not:
(a) Alter the basic relationship of the proposed development to adjacent
property,
(b) Alter the approved land uses,
(c) Increase the density or intensity of development, and/or
(d) Decrease the off-street parking ratio or reduce the buffer yards provided
at the boundary of the site.
2.9.2 Public Hearing and Notification Requirements
The requirement for a public hearing shall follow the procedures for a Zoning Atlas Amendment in
Section 2.8.6. Notice of the public hearing shall follow the procedures in Section 2.8.7.
Orange County, North Carolina—Unified Development Ordinance Page 2-32