HomeMy WebLinkAbout8.3.22 Planning Board Packet ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
ORANGE COUNTY WEST CAMPUS OFFICE BUILDING
131 WEST MARGARET LANE— LOWER LEVEL CONFERENCE ROOM (ROOM #004)
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, August 3, 2022
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. INFORMATIONAL ITEMS
3 - 4 a. Planning Calendar for August and September
APPROVAL OF MINUTES
3 5 June 1, 2022 Training Notes
6 — 11 June 1, 2022 Regular Meeting Minutes
12 July 6, 2022 Training Notes
4. CONSIDERATION OF ADDITIONS TO AGENDA
5. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
No. Page(s) Agenda Item
6. CHAIR COMMENTS
7. 13 — 32 ZONING ATLAS AMENDMENT (CONVENTIONAL DISTRICT) - To review and
make a recommendation to the BOCC on an applicant-initiated zoning
atlas amendment to rezone 3.67 acres of a 4.83 acre parcel from AR
(Agricultural Residential) to NC-2 (Neighborhood Commercial) (1.19
acres) and LC-1 (Local Commercial) (2.48 acres).
The parcel's address is 3026 White Cross Road in the Bingham
Township (PIN 9749-40-2351). This item is scheduled for BOCC
public hearing on September 6, 2022.
Presenter: Brian Collie, Planner II
8. 33 — 191 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS — EROSION
& SEDIMENTATION CONTROL, STORMWATER, AND PERFORMANCE
GUARANTEE PROVISIONS - To make a recommendation to the BOCC on
proposed amendments to the UDO pertaining to provisions for erosion &
sedimentation control, stormwater, and performance guarantees. This
item was introduced at the August 4, 2021 ORC meeting, reviewed at
the May 4, 2022 Planning Board meeting, and is scheduled for BOCC
public hearing on September 6, 2022
Presenter: Chris Sandt, Staff Engineer
9. ADJOURNMENT
Written Comments
Interested persons who cannot attend the meeting in-person are invited to submit written
comments on agenda items to the Planning Board via email at
plan ning board(a)-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/ocplanningboard
Written comments can also be dropped off at the Planning Department's offices at 131 W.
Margaret Lane, 2nd floor, Hillsborough, NC during normal business hours (8:00 a.m. to 5:00
p.m. Monday through Friday). Written comments will be scanned and sent by staff to the
email address indicated above.
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
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5 6
Planning Board
7:00 pm*
West Campus
Office Bldg.
7 8 9 10 11 12 13
Board of
Adjustment
7 p.m.
Whitted Bldg.
14 15 16 17 18 19 20
OUTBoard
Meeting
6:30 p.m.
West Campus
Office Bldg.
21 22 23 24 25 26 27
28 29 30 31
Notes:
*Planning Board Member Attendance Required
Planning Board meetings are held in the Lower
Level Conference Room 004 of the
West Campus Office Building located at 131 W.
Margaret Lane Hillsborough NC 27278
4
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
4 5 6 7 8 9 10
• BOCC Planning Board
Business 7:00 pm*
• Meeting
7:00 pm West Campus
Office Bldg.
Whitted Bldg.
11 12 13 14 15 16 17
Board of BOCC
Adjustment Work Session
7:00 pm 7:00 pm
Whitted Bldg. Whitted Bldg.
18 19 20 21 22 23 24
BOCC OUTBoard
Business 6:30 pm
Meeting
7:00 pm West Campus
Office Bldg.
Whitted Bldg.
25 26 27 28 29 30 31
BOCC Joint
Meeting with
Schools
7:00 PM
Whitted Bldg
30 31
Notes:
*Planning Board Member Attendance Required
Planning Board meetings are held in the Lower
Level Conference Room 004 of the
West Campus Office Building located at 131
W. Margaret Lane Hillsborough NC 27278
5
DRAFT
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 JUNE 1,2022
4 TRAINING SESSION
5
6 NOTE: A quorum is not required for Planning Board Training Sessions.
7
8 MEMBERS PRESENT: Lamar Proctor(Vice-Chair), Cheeks Township Representative; Beth Bronson, At-Large
9 Representative; Statler Gilfillen, Eno Township Representative; Steve Kaufmann, Bingham Township
10 Representative; Delores Bailey, At-Large Representative;
11
12 STAFF PRESENT: Perdita Holtz, Special Projects & GIS Supervisor
13
14
15 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION — Staff will lead training on various materials aspects of
16 land use planning in Orange County
17 PRESENTER: Perdita Holtz, Special Projects & GIS Supervisor
18
19 Perdita Holtz conducted a training session on an overview of state-granted authority along with an overview of the
20 Comp Plan and UDO zoning districts.
1
6
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 JUNE 1,2022
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), Cheeks
7 Township Representative; Statler Gilfillen, Eno Township Representative; Beth Bronson,At-Large Representative; Randy
8 Marshall,At-Large Representative;Whitney Watson,At-Large Representative; Melissa Poole, Little River Township
9 Representative; Charity Kirk,At-Large Representative; Delores Bailey,At-Large Representative; Steve Kaufmann, Bingham
10 Township Representative;
11
12 MEMBERS ABSENT: David Blankfard, Hillsborough Township Representative; Susan Hunter, Chapel Hill Township
13 Representative;
14
15 STAFF PRESENT: Perdlta Holtz, Special Projects&GIS Supervisor;Tina Love,Administrative Support
16
17 OTHERS PRESENT: Chad Hufflne, The Leads Group PA; Britt Irwin, applicant; Marilyn Liner
18
19 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
20 Chair Adam Beeman called the meeting to order.
21
22 AGENDA ITEM 2: ADMINISTER OATH OF OFFICE TO TWO NEWLY APPOINTED MEMBERS
23
24 This item was moved to end of the meeting after item 8
25
26 AGENDA ITEM 3: INFORMATION ITEMS
27 a. Planning Calendar for June and July
28
29 AGENDA ITEM 4: APPROVAL OF MINUTES
30 May 4,2022 Regular Meeting Minutes
31
32 MOTION BY Melissa Poole to approve the May 4, 2022 Regular Meeting Minutes. Seconded by Charity Kirk.
33 MOTION PASSED UNANIMOUSLY
34
35 AGENDA ITEM 5: CONSIDERATION OF ADDITIONS TO AGENDA.
36 There were none
37
38 AGENDA ITEM 6: PUBLIC CHARGE
39
40 INTRODUCTION TO THE PUBLIC CHARGE
41 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the
42 Orange County Planning Board (OCPB) to uphold the written land development law of the County. The
43 general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall
44 do so in a manner, which considers the present and future needs of its citizens and businesses through
45 efficient and responsive process that contributes to and promotes the health,safety,and welfare of the overall
46 County. The OCPB will make every effort to uphold a vision of responsive governance and quality public
47 services during our deliberations, decisions, and recommendations.
48
49 PUBLIC CHARGE
50 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to
51 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any
52 time, should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the
53 offending member to leave the meeting until that individual regains personal control. Should decorum fail to
54 be restored,the Chair will recess the meeting until such time that a genuine commitment to this public charge
55 is observed.
56
7
DRAFT
57
58 AGENDA ITEM 7: CHAIR COMMENTS
59 There were none
60
61 AGENDA ITEM 8: ZONING ATLAS AMENDMENT(CONVENTIONAL DISTRICT) —To review and make a recommendation to the
62 BOCC on an applicant-initiated zoning atlas amendment to rezone a 2.32 acre parcel from Rural Residential
63 (R-1)to 1-2(Medium Industrial).
64 The undeveloped parcel does not have an assigned address; it is located in the northeast corner of the
65 Efland-Cedar Grove Road and Forrest Avenue in Efland,within Cheeks Township(PIN 9844-88-7024).
66 This item is scheduled for the BOCC public hearing on September 6,2022.
67 PRESENTER: Perdita Holtz, Special Projects&GIS Supervisor
68
69 Perdita Holtz presented a PowerPoint presentation and reviewed the item followed by a review from the applicant's
70 representative, Chad Huffine.
71
72 Adam Beeman: As a daily driver past this spot,what is the plan for getting in and out of the site?
73
74 Chad Huffine: The site would be accessed internally from the gravel driveway that bisects the property now and that is
75 another important reason for the consistency in zoning. We don't have a desire to impede the flow of traffic; by allowing this
76 zoning to change we can access internally and have the same uses and that has been the plan from the beginning.
77
78 Charity Kirk: Have you talked with the Efland community?
79
80 Chad Huffine: We've been in the area for about 3 years and we've talked to everybody. I don't think we've received any
81 public comments or questions at our office and I believe there have been none to Planning.
82
83 Adam Beeman: Is everyone familiar with where this parcel sits? No matter how many choices,you're not going to put a
84 house in there so there are not many choices except to change the zoning to make it beneficial to be used.
85
86 Multiple overlapping conversations regarding site location. Perdita Holtz pulled up the GIS map so the location of the site
87 would be more clear and aerial photography could be viewed.
88
89 Whitney Watson: The amount of traffic off 70 and Forrest Ave into that gravel drive,what considerations or what kinds of
90 traffic do you anticipate?
91
92 Chad Huffine: In the process of developing any type of site change,a change of use necessitates a conversation with county
93 review staff and DOT's district engineer. With the change of use comes a driveway permit and at that point,driveway
94 improvements and connections that are existing will be upgraded or changed to conform with what the DOT district engineer
95 recommends. Vehicles will be similar to what is there now, box trucks,cars,truck and trailers.
96
97 Adam Beeman: Coming off the site, instead of dumping trucks onto Forrest Ave, I would rather see it go out onto 70 and then
98 loop around to tie back into Forrest. At quarter of 8 every morning the train comes through and traffic trying to cross 70 at the
99 light gets backed up past the feed mill. Trying to keep congestion from that spot on that short stub is where I'm at and I think
100 Whitney has the same point.
101
102 Whitney Watson:Yes
103
104 Chad Huffine: That is very helpful to take that information and incorporate it into the emphasis of which driveway is more
105 important.
106
107 Melissa Poole: We're just rezoning it to 1-2 there is no building plan or plan for this yet. If that happens,that's where the traffic
108 studies come in?
109
110 Perdita Holtz: Yes and there may be a traffic study required. NCDOT is involved in all of our site plan reviews and they give
111 their requirements during that site plan process.
112
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DRAFT
113 Lamar Proctor: There is an Efland Small Area Plan that goes hand in hand with the Comprehensive Land Use Plan to guide
114 what is happening in downtown Efland,do you think this is consistent with the Efland Small Area Plan?
115
116 Perdita Holtz: It is consistent and I have something in a later slide that speaks to the consistency of the small area plan. The
117 small area plan called for this to be a mixed use area. It called for the village overlay district that would have the different
118 development standards and that has been adopted for a few years. We do view this as consistent with the recommendations
119 of the small area plan.
120
121 Lamar Proctor: Looking over the Efland Small Area Plan, the idea was that Efland would retain a village character and
122 potentially get a train station and the Efland Small Area Plan favored commercial, mixed use but also that includes commercial
123 development as well. Is there water and sewer available?
124
125 Perdita Holtz: There is,this parcel is served by water and sewer.
126
127 Lamar Proctor: So if it hooks up to Mebane's sewer it would have to be voluntarily annexed into Mebane?
128
129 Perdita Holtz: This is in an area where Orange County has an agreement with Mebane because of the way they took over the
130 sewer system that exists in this area but this would not necessarily be annexed.
131
132 Lamar Proctor: My concern is we are going to piece part of western Orange County and it's going to turn into patchwork
133 pieces of Mebane and we are going to lose any real ability to maintain any sort of consistency.
134
135 Perdita Holtz: It would be unlikely that Mebane would annex this particular property because of its distance from its city limits
136 and the agreement that the County has with Mebane when they took over the County-owned sewer system. The County
137 transferred the system into Mebane's ownership and the agreement was that they would serve this area and not pay double
138 rates or anything along those lines. The agreement does not require that Mebane annex properties in order to serve the
139 properties in this area. That is not to say that Mebane won't annex at some point but as you know annexation requires a
140 voluntary property owner. There are no involuntary annexations.
141
142 Lamar Proctor: It doesn't apply to this area but areas that are contiguous to where Mebane extends into Orange County, if
143 you want to get water and sewer you have to voluntarily annex.
144
145 Perdita Holtz: Several miles further west that is true. This is a special area because of the way Orange County used to own
146 the sewer system and the sewer agreement the County entered into with Mebane.
147
148 Statler Gilfillen: Is this consistent with pretty much everything else on the block?
149
150 Adam Beeman: Yes.
151
152 Lamar Proctor: So you own the parcel that is already zoning 1-2 and that's the hosiery mill which is vacant, not in use.
153
154 Chad Huffine: That property was bought by Mr. Irwin and it is currently being used. It is being up fit for several uses that are
155 consistent with 1-2. Individual spaces within that building.
156
157 Lamar Proctor: My question is, is 1-2 being utilized commercially, are there industrial occupants who are paying rent and
158 utilizing it for industrial purposes?
159
160 Chad Huffine: Yes, I believe so and if they are not currently in the building,they are on the way. We are speaking about the
161 other property which is zoned residential. The property zoned 1-2 is actively being looked at for leases.
162
163 Lamar Proctor: Right, but the neighboring 1-2 doesn't seem to be attracting industrial uses.
164
165 Chad Huffine: There is interest in this area and as we ride around, even the homes,there was a lady selling fruit. There is so
166 much activity in this block; it is a treasure. Mr. Irwin certainly understands that and respects it.
167
9
DRAFT
168 Marilyn Liner: I was born in Efland and I remember a lot of stuff. The industrial buildings that are within that section were
169 placed there before zoning and there were 4 houses along that area and the property on the corner. There were houses on
170 the property that is being considered for rezoning. It was zoned residential because there were houses there. The traffic is
171 heavy there and it is difficult for me to get out of my driveway.
172
173 Beth Bronson: This has public utilities, it has water and sewer, it serves the adjacent property also owned by the applicant
174 which zoned is 1-2 and these two parcels are adjacent to each other using the same road.
175
176 Perdita Holtz: Depending on what they bring forward,they may be asked to combine the parcels. They have not shared
177 development plans with us. They are not required to. However, if you have two separate parcels there might be buffer
178 requirements between the two of them even if owned by the same person.
179
180 Statler Gilfillen: To the lady who spoke, are you in favor or against it or just here to listen?
181
182 Marilyn Liner: I am against it.
183
184 Perdita Holtz continued the PowerPoint presentation
185
186 Lamar Proctor: It's difficult not knowing what is going to go there and I know they are not required to tell us but anything under
187 the permissible uses is on the table. Sex oriented business, crematorium,whatever.
188
189 Perdita Holtz: There are use specific standards for those types of uses but yes.
190
191 Delores Bailey: Do you have any plans?
192
193 Chad Huffine: We do not at this time. What I would tell you is there is an idea of work space for a plumber,we would call that
194 in our business,flexible space. Where you have a space that has room for an office and space for a warehouse, van or truck,
195 or where your equipment would be. We would call that flex space in a warehouse situation store have goods. A bulky item
196 storage that also fits within the 1-2 use. If you can envision a building that is separated into smaller segments they are similar
197 to the way the eastern half of the block behaves and you would have a mixture of uses that are all together.
198
199 Britt Irwin: Warehouse, storage and office, it's highly in demand.
200
201 Melissa Poole: They already own the land, there's not going to be a whole big building built on 2.2 acres.
202
203 Chad Huffine: When we get to the deliberation of the members, if we need to look specifically at the table of permitted uses
204 and those uses sometimes considered not desirable,those have design standards not allowed within 1,000 ft.of a church or a
205 residence and there are both within that distance. We have no desire to bring anything but an improvement to this area.
206
207 Britt Irwin: It will be the nicest building in Efland. I'm spending a lot of money on the mill and renovating it and bringing it up to
208 standards and I'm making it nice. I'll do the same with the proposed building. It is not going to be a metal building. It's going
209 to be a nice building that is landscaped and looks nice and will look nicer than anything in that whole commercial area now.
210
211 Lamar Proctor: I appreciate that and I think this area is very important and very valuable. There is a lot of residential plots
212 around there and then right down the road there are giant spec warehouses going into the Buckhorn exit and then there is
213 Medline and so I am wondering if you considered potentially rezoning it commercial or O/RM for both parcels. Why does it
214 need to be industrial?
215
216 Chad Huffine: In an effort of being consistent you look at the O/RM uses, then you look at the I-2 uses and what we want to
217 do in 1-2 fits the property. It is cohesive we are intending to make the property behave as if it is an internally served site and if
218 you have two separate zonings then regardless of the zoning, if it's not consistent then we have concerns.
219
220 Britt Irwin: What you are talking about is coming elsewhere to Efland because that's what most of the people in Efland want.
221 They want a place to eat,they want another grocery store and all that stuff. 1-2 makes the most sense because we already
222 have the driveway connection and everything is already there. It's the only use that makes sense because of the size.
223
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DRAFT
224
225 Marilyn Liner: I want to address the type of zoning, I think I speak for the majority of the long-time residents concerning this
226 matter. Buc-ee's came up and most of the people who live there were not opposed they just wanted the traffic issue resolved.
227 There is an abundance of available warehouses, in Mebane behind the Food Lion on Hwy 119 there is a building that has
228 been there and it's been for rent for years now. I think we'd be open to commercial zoning but not industrial. People in Efland
229 need amenities. Some examples could be banks,a chain supermarket, a drug store, a restaurant. Most people in Efland go
230 to Mebane for services and if something was here that money would go to Orange County. I would like to see it zoned either
231 commercial or residential rather than industrial.
232
233 Chad Huffine: From a land use perspective, if I try to site a drugs store, it's going to take about 1.5 acres with buffers and
234 access that will come off Efland Cedar Grove and I run out of room. I try and build a shopping center grocery store, it's too
235 small. The standalone Food Lion wouldn't fit. That brings us to restaurant and there is O/RM across the street that can house
236 a restaurant and so in an effort to be consistent with what is already there,that's why we went back to the 1-2 zoning. It
237 doesn't bring all the traffic or all the nuisances that come with a large traffic or trip generated like a gas station. It's the right
238 use for the property, it behaves like that.
239
240 Lamar Proctor: I live in the Cheeks area,the Efland area and there's huge spec warehouses going in on Buckhorn,there's
241 Medline and I'm concerned that continued spot zoning,to change parcels to industrial is evidently going to wipe out any sort of
242 communal village of Efland and develop out all the residents. I think with the changes coming to the Triangle, Efland, that exit
243 could be something really cool and special and I hate to see it become just a further industrial extension of Medline and the
244 warehouses that are going up at the Buckhorn exit. I don't think it benefits the residents of Efland.
245
246 Charity Kirk: You mention the 0/RM zoning, it was changed because of misinformation? What is the difference between
247 0/RM and 1-2?
248
249 Perdita Holtz: Yes,they were given incorrect information about what would be allowed in 0/RM when they had a meeting with
250 former staff who are no longer here. When they called me after the former staff person was gone, I told them that a restaurant
251 as part of a multiuse building in O/RM could be established only if there was also a research facility without manufacturing. 1
252 know it sounds odd.
253
254 Beth Bronson:The fact that the property is currently zoned residential and they have indicated it will be a flex space, in the
255 sense that it is cohesive with the adjoining property;the applicant now has the option to recreate that entire corner in whatever
256 way they want to whether it's that one parcel or the two parcels or a combination,there are many different ways that can be
257 developed now because they are aligned versus as they were saying, if this corner was Office/Research and Manufacturing
258 and the existing 1-2 remained 1-2. If they wanted to take that lower corner that runs parallel with Forrest Ave. and have a
259 different type of structure that did serve the purposes to what the public described, like a bank or restaurant. My comment is if
260 they put in an application to rezone any combination of it, it would all make more sense being cohesive as one zone for the
261 parcels.
262
263 Statler Gilfillen: Am I right to assume that the industrial zoning probably gives them the most flexibility to do what they need to
264 or want to do on this site?
265
266 Perdita Holtz: Not necessarily, if they wanted to put in a restaurant,they are not going to be able to do that in the industrial
267 zone. You would need to look and see what types of uses are allowed.
268
269 Lamar Proctor: My concern is its Medium Industrial so it is wide open and it could end up being something that is detrimental
270 to downtown Efland in terms of preserving its village character or any sort of mixed use residential village idea in the Efland
271 Small Area Plan. We don't know what it is going to become.
272
273 Adam Beeman: From the information the applicant provided, I picture a facility like The Water Specialist across from Tractor
274 Supply that has a little office out front and in the back he has his vans and all that area is fenced in so that the contractors hide
275 their vehicles behind it and they have their conduit and water supplies and all that stuff is hidden which is The Water Specialist
276 and the next building is someone else and all they have is literally office and a little bit of storage area. That to me is what 1
277 picture him saying and for me as a contractor, there is not much space for small guys. The big warehouse mentioned, ask
278 how much the rent was, I almost fell out when I saw how much the rent was for that big warehouse. No one is renting that
279 place for the price they are asking. I can see on that corner small building for electrical contractors, plumbing contractors, and
11
DRAFT
280 sheetrock guy, something that is hustling and bustling right now in this area. There's not enough space for the little guys to
281 rent that has somewhere that they can park their trucks and store materials. I would be a fan of having a spot like that close to
282 the highway,where I could get my business located somewhere where people could see me and I could get on that highway
283 and go. At the end of the day this is going to the Board of Commissioners and they are going to decide. We are simply
284 advising them of what we think.
285
286 Delores Bailey: What I've heard is this person from the public saying they don't want it and Lamar says his concern is it might
287 turn into something that takes it away from the community and the culture that they are holding onto.
288
289 MOTION BY Randy Marshall to approve the Statement of Consistency and the findings expressed herein and recommends the
290 BOCC consider adoption of the proposed Zoning Atlas amendment. Seconded by Melissa Poole.
291 MOTION PASSED 6—3(PROCTOR,BAILEY,KAUFMANN
292
293 MOTION BY Randy Marshall to approve the proposed ordinance changing the Zoning Atlas amendment map to 1-2. Seconded
294 by Melissa Poole.
295 MOTION PASSED 6—3(PROCTOR,BAILEY,KAUFMANN
296
297 AGENDA ITEM 2: ADMINISTER OATH OF OFFICE TO TWO NEWLY APPOINTED MEMBERS
298
299 Steve Kaufmann and Delores Bailey were sworn in as Planning Board members by Tina Love, Notary
300
301 AGENDA ITEM 9: ADJOURNMENT
302 Meeting was adjourned at 8:30 p.m.
303
304
305 Adam Beeman, Chair
12
DRAFT
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 JULY 6,2022
4 TRAINING SESSION
5 (Due to current public health concerns, this meeting was held virtually.
6 Members of the Planning Board, staff and public participated remotely)
7
8 NOTE: A quorum is not required for Planning Board Training Sessions.
9
10 MEMBERS PRESENT: Lamar Proctor(Vice-Chair), Cheeks Township Representative; Beth Bronson, At-Large
11 Representative; Statler Gilfillen, Eno Township Representative; Steve Kaufmann, Bingham Township
12 Representative;
13
14 STAFF PRESENT: Perdita Holtz, Special Projects& GIS Supervisor
15
16
17 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION — Staff will lead training on various materials aspects of
18 land use planning in Orange County
19 PRESENTER: Perdita Holtz, Special Projects & GIS Supervisor
20
21 Perdita Holtz conducted a training session on an overview of Articles 5 and 6 of the UDO.
1
13
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 3, 2022
Action Agenda
Item No. 7
SUBJECT: Application for Zoning Atlas Amendment — Parcel located at Southwest Corner
of NC Highway 54 W and White Cross Road, in Bingham Township.
DEPARTMENT: Planning and Inspections
ATTACHMENTS: INFORMATION CONTACT: (919)
1. Application Brian Collie, Planner II, 245-2599
2. Maps Depicting Parcel & Surrounding
Zoning and Comprehensive Plan Future
Land Use Map
3. Notification Materials and Certification
4. Statement of Consistency
5. Ordinance Amending Zoning Atlas
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on an applicant-initiated Zoning Atlas Amendment to rezone 3.67 acres of a 4.83 acre
parcel (PIN: 9749-40-2351) located at the Southwest corner of NC Highway 54 and White Cross
Road in Chapel Hill within the Bingham Township of Orange County. The proposed rezoning is:
FROM: AR (Agricultural Residential), & NC-2 (Neighborhood Commercial)
TO: NC-2 (Neighborhood Commercial), & LC-1 (Local Commercial)
BACKGROUND: The basic facts concerning this application (Attachment 1) are as follows:
Applicant: Glandon Forest Equity, LLC.
3825 Barrett Dr., Suite 100
Raleigh, N.C. 27609
Parcel Information: A. Parcel and Size: PIN 9749-40-2351. An approximately 4.83 acre
parcel;
B. Township: Bingham;
C. Current Zoning: Neighborhood Commercial (NC-2), &
Agricultural Residential (AR); Haw River Unprotected Watershed
Overlay District. District; (note: the existing NC-2 zone is not
proposed for rezoning, the NC-2 zone is proposed to be
expanded).
D. Requested Zoning: Neighborhood Commercial (NC-2), & Local
Commercial (LC-1); no amendments to the existing watershed
overlay district is proposed.
14
E. Future Land Use Map (FLUM) Designation: Rural Community
Activity Node (see map in Attachment 2). There is also
"Resource Protection Area" overlaid as the parcel is in proximity
to the Historic White Cross School. Historic resources have a '/4-
mile diameter circle around them to draw attention to the
resource.
F. Growth Management System Designation: Rural Designated;
G. Existing Conditions/Physical Features: The parcel currently
has a stick built structure that is proposed to be demolished; the
topography is relatively flat. Other than a small clump of trees
near the center of the parcel, the parcel has been cleared of
vegetation (other than grass that's kept mowed) for many years;
H. Roads: The parcel has approximately 500 ft. of frontage along
NC Highway 54 West on the north side of the parcel and
approximately 490 feet of frontage along White Cross Road on
the east side of the parcel;
I. Water and Sewer: The property is in an area not served by
public water/sewer. Water and wastewater services will be
provided via a private well and septic system.
Surrounding Land Uses: North: Neighborhood Commercial (NC-2) HVAC business; Local
Commercial (LC-1) shop in the historic school building;
Rural Residential (R-1) residential home.
South: Agricultural Residential (AR) residential homes.
West: Agricultural Residential (AR) residential homes; and
East: Neighborhood Commercial (NC-2) gas station; and Rural
Residential (R-1) vacant.
Development Process, Schedule, and Action: The typical cadence for the review of a
Conventional District Zoning Atlas amendment is:
• FIRST ACTION — Submission of a Conventional District (formerly "general use
district") Rezoning application with required supporting documents by the property
owner.
STAFF COMMENT. The applicant submitted the required application and
documents on June 23, 2022.
• SECOND ACTION — The Planning Board reviews the application at a regular meeting
and makes a recommendation to the BOCC.
STAFF COMMENT: The Planning Board will begin its review on August 3, 2022.
• THIRD ACTION — The BOCC receives the Planning Board recommendation, holds an
advertised public hearing, and potentially makes a decision after the hearing (either
the evening of the hearing or at a subsequent BOCC meeting).
STAFF COMMENT: Earliest public hearing date is September 6, 2022.
Conventional District Rezoning: Zoning promotes development of land uses that can co-exist in
proximity to one another consistent with the promotion of the public health, safety, and general
welfare. Regulations establish opportunities/constraints associated with land development in an
15
attempt to ensure one person's `reasonable use' of property does not impact another person's
ability to make reasonable use of their property.
This request involves a property owner seeking to change the zoning designation of their
property from split-zoning situation that is part residential conventional zoning district (AR), and
part commercial conventional district (NC-2) to two districts allowing for the development of non-
residential land uses (NC-2 and LC-1). The purpose of the split commercial zoning is because
of acreage limitations for commercial zones in the Rural Community Activity Node (the Unified
Development Ordinance limits commercials zoning within these Nodes to 10-acres per zoning
district and there is not enough "available" NC-2 allowance to rezone the entire parcel NC-2. As
an aside, the acreage limitations may need to be studied further since determining the land area
that needed to be commercially zoned was formerly different from the current requirements.
Formerly, only the building and parking area needed to be zoned commercial; a change in
practice a number of years ago requires that all areas of a parcel serving a commercial use
must be commercially zoned (for example, the septic field, well area, and required landscaping
area).
In acting on this request, the County is unable to impose conditions and the applicant is not
required to define what type of development (i.e. land use) is anticipated. If approved, all land
uses permitted within the NC-2 and LC-1 districts could be developed on the property
accordingly, consistent with applicable regulations. Conventional district rezoning applications
are processed in a legislative manner (i.e., does not require sworn testimony or evidence) and
decisions are based on the BOCC's determination the request is consistent with the purpose
and intent of the Comprehensive Plan.
A formal site plan, reviewed and approved by staff in accordance with Section 2.5 of the LIDO,
must be submitted and approved prior to any development activity on the parcel.
Proposal: The applicant is requesting the conventional zoning designation be changed from
NC-2 and AR to NC-2 and LC-1 stating:
"We are requesting that parcel 9749402351 be rezoned from NC-2 and AR to NC-2 and
LC-1. The current property is dual zoned, and we would like to make the property fully
zoned for commercial retail space. Due to the limits of allowed NC-2 zoning and LC-1
zoning for this area, we are proposing to add an additional 1.19 acres of NC-2 and 4.83
acres of LC-1. This rezoning should meet the intent and purpose of the Orange County
Comprehensive Plan to provide retail sales to the community."
Public Notification: In accordance with Section 2.8.7 of the UDO, notices were mailed via first
class mail to property owners within 1,000 ft. of the subject parcel providing the date/time of the
Planning Board meeting where the proposal is to be reviewed. These notices were mailed on
July 19, 2022, 15 days before the Planning Board meeting. Staff also posted the subject parcel
with signs indicating the date/time of the Planning Board's review of the rezoning request on
July 21, 2022. See Attachment 3 for notification materials.
Planning Director's Recommendation: As required under Section 2.8.5 of the UDO, the
Planning Director is required to `... cause an analysis to be made of the application and, based
upon that analysis, prepare a recommendation for consideration'. In analyzing this proposal, the
Planning Director offers the following:
1. The proposal is consistent with goals/objectives outlined within the Comprehensive Plan
concerning development, including:
16
a. Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
b. Land Use Goal 3: A variety of land uses that are coordinated within a program
and pattern that limits sprawl, preserves community and rural character, minimizes
land use conflicts, supported by an efficient and balanced transportation system.
2. The proposal is consistent with the appropriate and allowed zoning districts for the Rural
Community Activity Node, as shown in the Land Use and Zoning Matrix contained in
Appendix F of the Comprehensive Plan.
The Planning Director recommends approval of the Statement of Consistency, indicating the
amendments are reasonable and in the public interest, contained in Attachment 4 and the
proposed zoning atlas amendment ordinance contained in Attachment 5.
FINANCIAL IMPACT: This request has been reviewed by various County departments who
have determined that the approval of the request would not create the need for additional
funding for the provision of County services. Costs associated with advertising, including the
public hearing notice and mailings, are covered by the application fee.
RECOMMENDATION: The Planning Director recommends the Board:
1. Receive the rezoning application,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director's recommendation, and
4. Make a recommendation to the BOCC on the Statement of Consistency (Attachment 4)
and the proposed ordinance (Attachment 5) in time for the September 6, 2022 BOCC
meeting.
Attachment 1 17
Orange Countv Planning and Insl2ections Department
APPLICATION FOR
ZONING ATLAS AMENDMENT
GENERAL USE REZONING REQUEST
APPLICANT INFORMATION:
Date:
Applicant: '
PP LiLALA�") �vft 7 r�' r Ltr, Phone: ill LI��,. DLO
Address: �;,,-Tc_ 100 Cell Phone:
�A1-tyrr�-1 NC. a�(a Io i
E-mail: q�C1r_ne5 �dnclr )c,rri�c, .r c��s
� T
PROPERTY SUBJECT TO REQUEST:
Parcel Identification Number(PIN): cl`1 q9
Address of property: 30'l U UJN I.-Ts c yc-SS IZc-p''o
Owner of property: DAvI-;
Future Land Use Designation for Property: 1J C-2 AA LC- 1 (Cvwltpc', ►c-)
Current Zoning Designation: luti-3 AZ
Requested Zoning Designation: 1.1yA6) �-C'-► ,Ny�
** If Applicant/Owner are different people, include a signed, notarized, statement indicating that the
owner has authorized the applicant to submit the request. In cases where there are multiple property
owners, please attach an additional document containing their signatures authorizing the submission
of the application or other legal documentation establishing the applicants right to file on their behalf.
**
SUBMITTAL INFORMATION - Section 2.8.3 of the Unified Development Ordinance (UDO)
1)A Map, at a legible scale, showing the property(s) subject to the request. A map may be procured
at the Planning Department for a fee in accordance with the adopted Orange County Fee Schedule
2)A legal description of the property(s) proposed for rezoning
3)A list showing the names and addresses of all adjacent property owners within 1000'feet of the
subject property.
4)A detailed narrative denoting the following:
a. The alleged error in the Zoning Atlas (if any) that will be corrected by the proposed request.
b. The changed, or changing, conditions (if any) that makes the proposed amendment
reasonable necessary to promote the public health, safety, and general welfare.
c. How the proposed amendment is consistent with, or carries out the intent and purpose of, the
Orange County Comprehensive Plan,
18
5) The filing fee per the adopted Orange County fee schedule in affect as of the date of the
application.
I (we), the undersigned, have been made aware of the process for the review and action associated
with a UDO Zoning Atlas Amendment application and understand only completed applications,
containing all information required by the Orange County UDO shall be reviewed and acted upon by
the County. Further I (we) understand that any assistance I (we) may receive from County staff in
preparing this application in no way guarantees a favorable recommendation by staff on the merits
of this proposal nor it guarantee an approval of the proposed atlas amendment by the County.
77
o s
Applicant Date:
Applicant Date:
19
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LINE TABLE 1 I
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2401
NOTES: I
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9
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prepvnCi in xco.Mpncv with G.S.4l—JO vs vmendM. \`\\\\IIIIIIIIII/�//
�° fe" .x``pP�pEye�O1j6'' REZONING EXHIBIT
2'o °r'•>-- REFERENCES:
SEAL = PROPERTY OF
mrembaa wnd s -s ) L-6107 3 PLAT BOOK 76, PAGE 179 ,°N N
PLAT BOOK 107, PAGE 74 VERNON P. DAVIS
POLAT THERS K 123OWN PAGEONE 105 BINGHAM TOWNSHIP ORANGE COUNTY NORTH CAROLINA WF
""'nnulna"` 0 3d a
so zs o so 0o i Z o
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NEWCOMB land surveyors,pllc,7008 Harps Mill Road,Ste. 105,Raleigh,NC 27615,(919)847-1800,NC License#P-0203,justin(_nls-nc.com SCALE:1'=so' o LL a
Attachment 2
ZU
Rezoning Application to NC-2 and LC-1 for PIN 9749402351
°
Z
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F
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54
w.
w
0
Z
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9749402351
Haw RiverWatershed
/ y,RISTIE LN
Q PIN: 9749-40-2351
E/% Proposed Change AR to LC-1
El" Proposed Change AR to NC-2
Current Zoning
AR
NC2 0�
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a LC1 N t in=300 feet
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ORANGE Feet
- EC5 COUNTY 3
0 00
Planning and Inspections Department(BC)
R 1 7/22/2022
O:�GIS Workspace\Projects\Zoning�Pezoning�Rezoning.aprx\Rezoning Application to NC-2 and LGi for PIN 9749402351
21
Adopted Future Land Use Map with Parcel 9749402351 Depicted
.4
9749402351
Q PIN: 9749-40-2351
Streams
- Resource Protection Areas ;
Future Land Use Categories .•
Rural Residential
Agricultural Residential N 1in-500feet
• ORS N E Feet
COUNTY
Activity Nodes k 11- 1 0 500
Planning and Inspections Department(BC)
Rural Community 7/20 2022
,,zoning Application to NC-2 and LC-1 for PIN 9749402351 FL!-!f:.
22
Attachment 3
ORANGE COUNTY PLANNING & INSPECTIONS DEPARTMENT
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) P O Box 8181
www.orangecountync.gov ' �° Hillsborough, NC 27278
CERTIFICATION OF MAILING
ZONING ATLAS AMENDMENT
ORANGE COUNTY, NORTH CAROLINA
I, Brian Collie, Planner II with Orange County, North Carolina, DO HEREBY CERTIFY that
in accordance with the provisions of Section and 2.8.7 of the Orange County Unified
Development Ordinance I have mailed, or have caused to be mailed, a Notice of the
Planning Board Meeting to be held regarding a rezoning application proposing to rezone a
parcel of property located at the southwest corner of the intersection of White Cross Road
and NC Hwy 54 West in Chapel Hill (PIN 9749-40-2351) July 19t", 2022.
The owners were identified according to the Tax Records, as required by Section 2.8.7 of
the Orange County Unified Development Ordinance.
The mailed notices specified the date, time, place and subject of the Planning Board
Meeting.
WITNESS my hand, this 19th day of July 2022.
Brian Collie
Planner II
23
�1
ORANGE COUNTY
NORTH CAROLINA
PLANNING and INSPECTIONS
Cy Stober,AICP,Director i cstober@orangecountync.gov 1131 W.Margaret Lane,Hillsborough,NC 27278 i 919.24S.2S7S
July 19, 2022
NOTICE OF PLANNING BOARD MEETING
Dear Property Owner:
This notice is to inform you of the August 3, 2022, Planning Board meeting, at which an
application to rezone 3.67 acres of a 4.83 acre parcel (PIN: 9749-40-2351) located at the
southwest corner of NC Highway 54 and White Cross Road will be reviewed. The parcel's
address is 3026 White Cross Rd., Chapel Hill, 27516, within Bingham Township. This notification
is occurring in accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the Orange County Unified Development Ordinance
(UDO). You are receiving this notice because you own property located within 1,000-feet of
parcel requested for rezoning.
YOUR PROPERTY IS NOT PROPOSED FOR REZONING.
Property Information
Parcel ID Number(PIN) 9749-40-2351
Owner Vernon Davis
Applicant Glandon Forest Equity
Location 3026 White Cross Rd., at the corner of NC Hwy 54 &
White Cross Rd.
Acreage +/-3.67 acres of a 4.83-acre parcel
Current Zoning Agricultural Residential (AR)& Neighborhood
Commercial (NC-2)
Watershed Designation Haw River Unprotected
The property requested for rezoning is currently split zoned with two districts: NC-2,
Neighborhood Commercial, (1.16 acres) and AR, Agricultural Residential (3.67 acres). The
applicant has requested the 3.67-acre portion of property currently zoned AR, Agricultural
Residential, to be rezoned to NC-2, Neighborhood Commercial (1.19 acres) and LC-1, Local
Commercial (2.48 acres). The reason for the split in zoning districts is due to the acreage
limitations on the amount of commercial zoning in the Rural Community Activity Node, a Future
Land Use Classification of the Orange County Comprehensive Plan.
Additional information is available on the Orange County Planning Department's website:
http://www.orangecountync.gov/1 722/Current-I nterest-Projects
The Orange County Planning Board, an advisory board comprised of appointed volunteers, is
scheduled to review this application and make a recommendation to the Board of County
Commissioners at the August 3, 2022, Planning Board meeting. The meeting begins at 7:00
24
p.m. and will be held in the Lower Level Conference Room of the West Campus Office Building at
131 W. Margaret Lane in Hillsborough, North Carolina. Interested persons are invited to
address the Planning Board with their comments regarding the rezoning application.
A formal public hearing on the proposed amendments will be held by the Board of County
Commissioners. At this time, the anticipated date for the public hearing is September 6, 2022.
You will receive another written notice about the public hearing closer to the hearing date.
If you cannot attend the Planning Board meeting and the website does not answer your questions
about the requested rezoning, you may call (919) 245-2575 during regular business hours and
you will be directed to a staff person who can assist you.
Sincerely,
Cy Stober
Planning & Inspections Director
E C O U N T Y , N C
Notification Map
LESL'IE DR
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9749402351 X
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Streets
PIN: 9749402351 N tin=400feet
ORANGE Feet
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Parcels COUN 300
Planning and Inspections Department(BC)
L 1,000 Foot Notification Area 6/24/2022
O:\GIS Workspace\ProjectsVoning�Rezoning�Rezoning.aprx�Rezoning Application to 1_2 for PIN 9749402351 Notifi-u—iviap
26
OWNER2_FI STA ZIP
PIN OWNERI_LAST OWNERI_FIRST OWNER2_LAST RST ADDRESSI ADDRESS2 CITY TE CODE
9749402351 DAVIS VERNON P <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
1922 ORANGE CHAPEL-
9749422010 RIGSBEE CAROLYN <Null> <Null> CLOVER GARDEN CH RD <Null> CHAPEL HILL NC 27516
CAROLINA CONFERENCE OF
9749310328 SEVENTH DAY ADVENTIST INC <Null> <Null> PO BOX 44270 <Null> CHARLOTTE NC 28215
9749419462 DAVIDSON ROBERT P DAVIDSON FLORA F 3261 HWY 54 W <Null> CHAPEL HILL NC 27516
9749408985 BLACKWOOD WILLIAM KELLY 320 DAIRYLAND RD CHAPEL HILL NC 27516
9749413288 GRIFFIN AMANDA JOHNSON GRIFFIN JOHN 546 EVERETT LN <Null> CHAPEL HILL NC 27516
9749414263 FERGUSON MICHAEL P KEYES ALEX M 528 EVERETT LN <Null> CHAPEL HILL NC 27516
9749512250 NALLY HEATHER DEANS NALLY ERIC J 9901 OAK HOLLOW RD <Null> CHAPEL HILL NC 27516
ZURIBEL P
9749415111 GUERRERO HERNANDEZ <Null> <Null> 532 EVERETT LN <Null> CHAPEL HILL NC 27516
DBA WHITE CROSS
9749412275 WHISNANT PHILLIPS PTNS PARTNERSHIP 116 E MAIN ST CARRBORO NC 27510
9749402837 BIG SHOW PROPERTIES LLC <Null> <Null> <Null> 100 FLORAL DR <Null> Chapel Hill NC 27516
9749504904 HOLTZ PERDITA H AVERETT EDWARD M 9903 OAK HOLLOW RD <Null> CHAPEL HILL NC 27516
9749405914 LEWIS STAN HOWARD 3445 HWY 54 WEST CHAPEL HILL NC 27516
9749501789 SARKARIA PROPERTIES INC <Null> <Null> <Null> 514 GRAVEL BROOK CT <Null> CARY NC 27519
9749208153 TILLEY GREGORY T <Null> <Null> 3600 HWY 54 WEST <Null> CHAPEL HILL NC 27516
9749404659 BPSI INC 3403 HWY 54 W CHAPEL HILL NC 27516
9749300495 CLANTON ROBERT PAUL <Null> <Null> 3536 HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748396909 TILLEY GREGORY T 3600 HYW 54 W CHAPEL HILL NC 27516
9749306411 TILLEY GREGORY T 3600 HWY 54W CHAPEL HILL NC 27516
9748594995 LIETH ARMIN F P 0 BOX 4752 CHAPEL HILL NC 27515
9749308334 CHAPPELL LEON <Null> <Null> 3510 NC 54 W STE A& B CHAPEL HILL NC 27516
9749500366 J&I BRAVO LLC <Null> <Null> <Null> 3300 NC 54 W <Null> CHAPEL HILL NC 27516
9748496921 HARIDEV LLC <Null> <Null> <Null> 300 W MAIN ST <Null> CARRBORO NC 27510
9749405354 HARIDEV LLC <Null> <Null> <Null> 300 W MAIN ST <Null> CARRBORO NC 27510
9749500194 TIMBERIDGE RENTALS LLC <Null> <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748499852 TIMBERIDGE RENTALS LLC <Null> <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748592925 TIMBERIDGE RENTALS LLC <Null> <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748399899 DAVIS VERNON P <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748493910 DAVIS VERNON P <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
27
9748591637 TIMBERIDGE RENTALS LLC <Null> <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748396243 CECIL DOVIE JO 2904 WHITE CROSS RD CHAPEL HILL NC 27516
9748398598 DAVIS VERNON P <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748494626 DAVIS VERNON P <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
9748491572 DAVIS VERNON P <Null> <Null> 2401 NC HWY 54 WEST <Null> CHAPEL HILL NC 27516
ROSA LILIA
9748590109 VILLALPANDO RODRIGO MARTINEZ CAMARENA PEREZ 1311 HATCH RD <Null> CHAPEL HILL NC 27516
9748492381 CECIL PATRICIA W <Null> <Null> 2505 WILDCAT CREEK RD <Null> CHAPEL HILL NC 27516
9748383719 HARRIS MARY CECIL HARRIS KEITH N 2726 WILDCAT CREEK RD CHAPEL HILL NC 27516
3713 OLD GREENSBORO
9748485886 JAIMES TOMAS E <Null> <Null> RD <Null> CHAPEL HILL NC 27516
9749511086 PRATER LARRY R JOHNSON PRATER HELEN M 3225 NC HWY 54 W <Null> CHAPEL HILL NC 27516
9749500067 TIMBERIDGE RENTALS LLC <Null> <Null> <Null> 2401 NC HWY 54 W <Null> CHAPEL HILL NC 27516
zs
NOTICE Of PLANNING BOARAD MEETING
ML j
Rezoning Application — 3.67 acres
Requested Zoning Districts:
Neighborhood Commercial (NC-2) - 1 .19 acres and
Local Commercial (LC-1 ) - 2.48 acres
Planning Board Meeting
August 3, 2022 at 7:00p.m.
131 W. Margaret Lane, Hillsborough
More Information:
http://orangecountync.gov/1722/Current-Interest-Projects
ORANGE COUNTY PLANNING DEPARTMENT:
(919) 245-2575
29
Attachment 4
STATEMENT OF CONSISTENCY
OF A PROPOSED ZONING ATLAS MAP AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
An applicant-initiated amendment to the Zoning Atlas has been reviewed to rezone a parcel as
follows:
Parcel
Identification Township Owner of Current Zoning Proposed Zoning
Number Record
(PIN)
• AR (Agricultural NC-2
Residential, 3.67 (Neighborhood
acres) and NC-2 Commercial, 2.35
(Neighborhood acres) and LC-1
9749-40- Bingham Vernon Commercial, 1.16 (Local Commercial,
2351 Davis acres); 2.48 acres);
• Haw River Haw River
Unprotected Unprotected
Watershed Overlay Watershed Overlay
District. District.
The Planning Board hereby finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the LIDO have been deemed complete; and,
b. Pursuant to Sections:
■ 1.1.5 Statement of Intent -Amendments, and
■ 1.1.7 Conformance with Adopted Plans
of the UDO and to Section 160D-604(d) Planning Board review and comment —
Plan Consistency and 160D-605(a) Governing Board Statement — Plan
Consistency of the North Carolina General Statutes, the Board finds sufficient
documentation within the record denoting that the amendment is consistent with
the adopted 2030 Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following:
• Land Use Goal 3 of the 2030 Comprehensive Plan —A variety
of land uses that are coordinated within a program and pattern
that limits sprawl, preserves community and rural character,
minimizes land use conflicts, supported by an efficient and
balanced transportation system.
The amendment is consistent with this goal because it will
augment the available non-residential acreage in Orange
County and it is located in an area that is already more
densely/intensely developed than most areas of the county.
• Land Use Goal 5.6 of the 2030 Comprehensive Plan - Land
Use Overarching Goal: Coordination of the amount, location,
30
pattern and designation of future land uses, with availability of
County services and facilities sufficient to meet the needs of
Orange County's population and economy consistent with
other Comprehensive Plan element goals and objectives.
c. The amendment is reasonable and in the public interest because it furthers the
goals of the adopted Comprehensive Plan.
The Planning Board hereby adopts this Statement of Consistency and the findings expressed
herein and recommends the Board of County Commissioners consider adoption of the
proposed Zoning Atlas Amendment.
Adam Beeman, Chair Date
31
Attachment 5
Ordinance#:
AN ORDINANCE AMENDING THE
ORANGE COUNTY ZONING ATLAS
WHEREAS, Orange County has received and processed a petition seeking to amend the Orange
County Zoning Atlas, as established in Section 1.2 of the Orange County Unified Development
Ordinance (UDO), and
WHEREAS, this petition seeks to rezone a 4.83 acre parcel of property (PIN 9749-40-2351)from AR
(Agricultural Residential, 3.67 acres) and NC-2 (Neighborhood Commercial, 1.16 acres) to NC-2
(Neighborhood Commercial, 2.35 acres) and LC-1 (Local Commercial, 2.48 acres).
WHEREAS, the requirements of Section 2.8 of the UDO have been deemed complete, and
WHEREAS, the Board has found the proposed zoning atlas amendment to be consistent with the
adopted 2030 Comprehensive Plan and reasonable and in the public interest.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Orange County Zoning
Atlas is hereby amended to rezone the aforementioned 4.83 acre parcel to NC-2 (Neighborhood
Commercial, 2.35 acres) and LC-1 (Local Commercial, 2.48 acres), as depicted on the attached survey
map.
BE IT FURTHER ORDAINED THAT this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by Commissioner
the foregoing ordinance was adopted this day of
, 2022.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting
held on , 2022 as relates in any way to the adoption of the foregoing and
that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2022.
SEAL
Clerk to the Board of Commissioners
t
32
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33
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 3, 2022
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance Text Amendments — Erosion & Sedimentation
Control, Stormwater, and Performance Guarantees
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Statement of Approval and Christopher J. Sandt, Staff Engineer
Consistency 245-2583
2. Proposed Unified Development Patrick R. Mallett, Erosion Control and
Ordinance (UDO) Amendments
Stormwater Supervisor
3. Meeting Notes — August 4, 2021 245-2577
ORC Meeting
4. Meeting Minutes — May 4, 2022
Planning Board
5. Comments from Town of Chapel Hill
and Town of Carrboro
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on County-initiated amendments to the Unified Development Ordinance (UDO) designed
to:
a. Ensure that County regulations are consistent with NC General Statute (NCGS) Chapter
160D-804.1 related to the acceptance of performance guarantees;
b. Update existing erosion and sedimentation control (E&SC) and stormwater management
terms/regulations to coincide with 15A NCAC Chapter 4 (Sedimentation Control Rules),
15A NCAC 02H .1000 through .1062 (Stormwater Management Rules), the most current
North Carolina (NCDEQ) Erosion and Sediment Control Planning and Design Manual, and
the most current version of the North Carolina (NCDEQ) Stormwater Design Manual;
c. Ensure that County implementation of state Rules conforms with the state's most current
Model Ordinances related to E&SC and stormwater management;
d. Clarify/refine County requirements for Stormwater Control Measure (SCM) performance
guarantees and eliminate County requirements for SCM maintenance guarantees (as SCM
maintenance monitoring is inherent to the required annual and 5-year SCM inspections).
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.
34
The Ordinance Review Committee (ORC) reviewed a previous version of these UDO
amendments at the August 4, 2021 Planning Board meeting (see meeting notes in Attachment
3). The Planning Board subsequently reviewed an updated version of these UDO amendments
that had not yet received Legal Sufficiency Review at the May 4, 2022 Planning Board meeting
(see meeting minutes in Attachment 4). This most current version includes everything previously
presented to the ORC and the Planning Board and addresses all Legal Sufficiency Review
comments.
The proposed UDO 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 they are consistent with the most current North Carolina
Department of Environmental Quality (NCDEQ) rules/guidance.
The UDO amendment packet in Attachment 2 has incorporated Legal Sufficiency Review
comments received to date; however, the Orange County Staff Attorney has not yet
confirmed his acceptance of how the Legal Sufficiency Review comments have been
addressed. In order to maintain forward momentum in taking the amendments through the
established process, the proposed amendments would not come back to the Planning Board for
further review if the on-going review process were to result in only minor edits that do not affect
the substance of the regulations.
Joint Planning Area (JPA) Review: In accordance with the Joint Planning Agreement with the
Towns of Chapel Hill and Carrboro, the amendment package was sent to Town staffs on April 12,
2022 and again on April 25, 2022. Comments from the Town of Chapel Hill were received on
April 18, 2022 and comments from the Town of Carrboro were received on May 16, 2022. All JPA
comments received to date have been addressed (see Town comments in Attachment 5).
Planning Director's Recommendation: The Planning Director recommends approval of the:
1. Statement of Approval and Consistency indicating the text amendments are reasonable
and in the public interest, as contained in Attachment 1.
2. Amendments to the Unified Development Ordinance (UDO), as contained in
Attachment 2.
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 Board:
1. Review the proposed UDO text amendments and deliberate as desired,
2. Consider the Planning Director's Recommendation, and
3. Make a recommendation to the BOCC on the Statement of Approval and Consistency
(Attachment 1) and the proposed UDO text amendments (Attachment 2) in time for the
September 6, 2022 BOCC meeting / public hearing.
35
Attachment 1
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH ADOPTED ORANGE COUNTY PLANS
Orange County has initiated amendments to the Unified Development Ordinance
(UDO) in response to ensuring that County regulations are consistent with NC General Statute
(NCGS) Chapter 160D-804.1 (Performance Guarantees), NC Administrative Code (NCAC)
Title 15A Subchapter .0277 (Falls Reservoir Water Supply Nutrient Strategy), NCAC Title 15A
Subchapter 02B .0711 (Neuse Nutrient Strategy), NCAC Title 15A Chapter 04 (Sedimentation
Control), NCAC Title 15A Subchapter 02H .1000 through .1063 (Stormwater Management),
the North Carolina State Sedimentation Control Commission's most current Model Local
Ordinance for Soil Erosion and Sedimentation Control, and the North Carolina Division of
Water Resources' (NCDWR's) most current Model Stormwater Ordinances.
The Planning Board hereby recommends approval of the proposed text amendment
and finds:
a. The requirements of Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5 Statement of Intent - Amendments, and 1.1.7
Conformance with Adopted Plans of the UDO and to Section 160D-604(d) Planning
board review and comment — Plan consistency and Section 160D-605(a)
Governing board statement — Plan consistency of the North Carolina General
Statutes, the Board finds sufficient documentation within the record denoting that
the amendment is consistent with the adopted 2030 Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following:
• Land Use Goal 6 of the 2030 Comprehensive Plan — A land use
planning process that is transparent, fair, open, efficient, and
responsive.
These amendments are consistent with this goal and
objective by ensuring that County regulations are consistent
with the most current State laws and State guidance
documents pertaining to erosion and sedimentation control
and stormwater management while also maintaining the
intent of existing regulations. By adopting the amendment,
the County will be operating in accordance with the
authorities granted to it by the State.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by conforming the County's land development
regulations to State of North Carolina General Statutes and guidance
documents.
The Planning Board hereby adopts this Statement of Approval and Consistency as well
as the findings expressed herein.
Adam Beeman, Chair Date
36
37
Attachment 2
UDO AMENDMENT PACKET NOTES:
The following pages contain Unified Development Ordinance (UDO) amendments necessary to
conform Orange County's UDO to the state's most current Model Ordinances for Erosion &
Sedimentation Control (E&SC), Stormwater Management, and Performance Guarantee
requirements as mandated by applicable General Statutes and state design manuals. These
UDO amendments also incorporate consistent use of terminology and definitions throughout the
UDO, as related to the topics above.
Within this amendment package:
• Colored Underlined Text: Denotes new, proposed text that staff is suggesting
be added to the UDO
• Colored Str;kethrough Tov+: 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 "X" 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).
Please note that Legal Sufficiency Review comments have been received and addressed
within this document; however, the Orange County Staff Attorney has not yet confirmed his
acceptance of how the comments have been addressed. Please see the abstract for
additional information. Additional revisions, if necessary, will be distributed
via an amended packet. 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.oranaecountync.gov/DocumentCenter/View/8305/Unified-Development-
Ordinance-PDF
38
ARTICLE 2: PROCEDURES
SectionD DECISION MAKING AUTHORITYSUMMARY
TABLE
The following table provides a brief synopsis of the review and decision-making processes for
development applications.
DECISIONTABLE 2.11: REVIEW AND •-
•
ZONING/DEVELOPMENT EROSION DEVELOPMENT
PLANNING ADVISORY :..•. .
BOCC
OFFICERPROCEDURES
Zoning Compliance R and DM R R
Permits
Ssil-Erosion and
Sedimentation Control R and DM
Dor�i4cPlans'
Stormwater Management R and DM
Plans SMPs 2
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
Ill 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.
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.
39
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.
ZONINGSection 2.4: •
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 4.2.103 of thise
QFdiRaRGe aOrdinance, a formal site plan; prepared in accordance with Section
2.5 of this Ordinance, 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), Fr ^^ C n+r �
. m +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.
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.
3 Reference to new Table 4.2.10 within new Section 4.2.10,for land disturbance thresholds.
a Text correction—reference to the applicable Land Disturbing Permit(LDP).
Orange County, North Carolina—Unified Development Ordinance Page 3-vii
40
(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 Activities5 are not
commenced in accordance with the provisions of this Ordinance.
M(I) Projects needing a Performance Guarantee f^.^^., pletmOR of required devel,.,meR
elemeRt&-6shall abide by the provisions of Section 2.27 of this Ordinance.7
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,
(7) The location of the proposed well, and
(8) The location of any protected features on the property(i.e. stream buffers, flood
plain, wetlands, etc), and
(9) The location and dimensions of proposed parking areas.
5"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 Edit(s) based on Legal Sufficiency Review comments.
'Consistent with Session 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 3-viii
41
(C) Other items which should be submitted simultaneously, but are not required as part of the
site plan application are:
(1) Erosion control and grading plans as necessary to be approved by the Erosion
Control Officer for a grading permit, and
(2) Stormwater Mrnanagement Pplans SMPs as necessary to be approved by the
Erosion Control Officer prior to the issuance of a Zoning Compliance Permit, and
(3) Building construction plans to be approved by the Building Official prior to
issuance of a building permit.
2.5.3 Plan Specifications
Each site plan shall be drawn at a scale adequate to show required detail and shall contain the
following information:
(A) The boundary of the lot(s)to be developed labeled with bearings and distances;
(B) The name, address, and phone number of the applicant and the property owner;
(C) Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan
preparation, and subsequent revision dates;
(D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land
uses;
(E) Adjacent right-of-way widths with road names and numbers;
(F) A development summary including total acres, proposed use(s), total building square
footage, required and proposed parking spaces.
(G) Demonstrated compliance with all applicable performance standards contained in Articles
3, 4, 5, and 6 of this Ordinance;
(H) Maximum and proposed impervious surface and required stream buffers as detailed in
Sections 4.2 and 6.12 of this Ordinance;
(1) Estimated traffic generated by the proposed development in trips per day. If the estimate
exceeds 800 trips per day, a traffic impact study must be submitted in accordance with
Section 6.17;
(J) Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance;
(K) Location of all proposed buildings and structures labeled with floor area, building height
and function, and proposed finished floor elevation;
(L) Vehicular use areas including existing and proposed streets and access drives, off street
parking and loading to comply with Section 6.9 of this Ordinance, and entry/exit points of
adjacent parcels;
(M) Overhead and underground utilities with accompanying easements and storm drainage
facilities/easements (including septic tanks and wastewater disposal fields, wells, fire
hydrants, irrigation, and security lights);
(N) Solid waste disposal facilities;
(0) All proposed free-standing and wall-mounted signs. Signs must comply with Section 6.12
of this Ordinance;
(P) A landscape plan demonstrating compliance with Section 6.8 of this Ordinance;
(Q) For all developments other than single-family residential and duplexes, existing contour
lines (dashed) and proposed contours (solid) at 5-foot intervals with 10-foot contours
bold. Where site conditions warrant, 2-foot contours may be required;
(R) Retaining walls, tree wells, or rip rap as part of the grading plan;
(S) Streams, ponds, drainage ditches, swamps, floodway and floodplain boundaries;
Orange County, North Carolina—Unified Development Ordinance Page 3-x
42
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 Lland-
Disturbingd+stu"Activityacivity 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 ^*cPerformance Guarantees
(A) if a guaFaRtee of required as a condition of site plan approval, the
applicant shall provide Orange County with a security
escrow
i FFeyocahlo letter of credit by an approved ins+i+ fio. bond, agreement,
(B) The guarantee shall be offorA0ye fnr 12 months and shall inGlu de the .ono+of the
imorovmmen+s plus 10
roe Rty Attorney.
(D) if a guarantee is RE)t submitted, the deveic)per must iRstall all required imprevemeRtS tG
the sa+isfan+ior, of the f o6IRty P r+o is of the pliaRGe per
mi+
rrta.
(U If a Performance Guarantee is required, the provisions of Section 2.27 of this Ordinance
shall apply.8
$Consistent with Session 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
Orange County, North Carolina—Unified Development Ordinance Page 3-xii
43
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, or Ltand_-Disturbing Activityd+s�
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.
(B) Any proposed subdivision in an Economic Development District shall follow the approval
procedures as specified in Section 2.16.
(C) In addition to the submittal requirements contained in this Section, a complete application
shall also include:
(1) Building elevation drawings for each proposed structure; and
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 3-xiii
44
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 to Soil-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 Erosions10 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 se+-11erosion 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
extent deemed necessary by the Board of County Commissioners, incorporate the
amendments into this Ordinance.
(C) Text amendments to this Ordinance for stormwater provisions shall comply with the
requirements in effect for any other text amendment.
Section ■: CONDITIONAL
2.9.1 Conditional Districts
(A) Generally
s 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 02H.1002 (Definitions).
10 Text correction—deleted "s".
11 Text correction—deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 3-xxviii
45
(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;
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 sedo eRta+, n Gon+r l p4a- Erosion and Sedimentation
Control Plan12 is required, it shall comply with the provisions of Section
6.15 of this Ordinance. If an GFGSOG^ and sed' eRtat,„n GE)RtF l
piaaErosion and Sedimentation Control Plan13 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:
12 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions).
11 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 3-xliv
46
(a) Approve the application; or
(b) Approve the application with conditions; or
(c) Deny the application.
(6) Performance yuarantees shall be reviewed in accordance with the provisions of
Section 2.27 of this Ordinance.14
(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.
A Reference to new section.
Orange County, North Carolina—Unified Development Ordinance Page 3-xlv
47
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 Performance Guarantee
15 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 Plan16GeR401 and Stormwater Management Plan;
1s Reference to new section.
16 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 3-1
48
(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, Pperformance G 17 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;
(b) approval with conditions; or
17 Consistent use of"Performance Guarantees".
Orange County, North Carolina—Unified Development Ordinance Page 3-li
49
(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
of this Ordinance.'$
(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 Guarantee19 standards of Section-N+2.2t or tnis urdiri, .20
(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 ; lotto..,{,.redit er an eSGrew agreementany required
Performance Guarantees.21
(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) 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
Permo District. 22
(2) Auxiliary documents as required by Article 7 shall be submitted by the Planning
Director to the County Attorney for review and recommendation.
18 Reference to new section.
19 Consistent use of"Performance Guarantee".
20 Reference to new section.
21 Consistent use of"Performance Guarantee".
22 Language needs to be corrected as we no longer review subdivisions through the SUP process.
Orange County, North Carolina—Unified Development Ordinance Page 3-Iv
50
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.
Section 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 4.2.10 of this Ordinance), sag
eater than 20,000 square feet, eater than 10,000 n,nnn square foot of withi the
v
Uni� err�yLake Cone Creel or Upper Grin Watersheds the owner or his/her day
appointed agentFinancially Responsible Party shall obtain a Land Disturbing Permit
LDP from the Erosion Control Officer. For developments that are subject to Orange
County Stormwater Management requirements, if a permanent Stormwater Control
Measure24 (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.25
(B) Land Disturbing oermitsLDPs must be obtained prior to the start of the la-Rd
dosturba Activity.
(C) Every perfn#-LDP issued by the Erosion Control Officer shall expressly prohibit open
burning of trees, limbs, stumps and construction debris associated with the permitted
activityLand-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 d st rh r,n
a ct�,c�o«,t esLand-Disturbing Activities.
zs 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.
24"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.
21 Section 2.18.1 (A) updated so as to: 1) reference the"Orange County Watershed Matrix Table" (located in new
Section 4.2.10)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 3-lix
51
(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 3-Ix
52
2.18.2 Application Requirements
(A) An application for a L and DisturbiR. Dorn,;+an LDP shall be filed with the Erosion Control
Officer on forms provided by the Planning Department.
(B) An Erosion and Sedimentation Control Plans26 must be approved prior to issuance of a
Land Disturbing Permi+an LDP.
2.18.3 Exemptions
AnN-9 permit LDP is not 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 disturbanGes 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.
(q(D) For Land-Disturbing Activity exclusions as defined in Section 6.15.4 of this Ordinance.27
2.18.4 Erosion and Sedimentation Control Plan Required
An Erosion and Sedimentation Control Plan must be submitted to the Erosion Control Officer
when the proposed Iand dirt ur"a^^ 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 PermItsLDPs
(A) Erosion and Sedimentation Control Plan
The Erosion Control Officer may establish an expiration date for Erosion and
Sedimentation Control Plans associated with an approved LDP28approved under this
Ordinance. Erosion and Sedimentation Control Plans associated with an approved
LDPAppFevafs shall expire three (3)years29'8 MGRths after the LDP approval dates
unless the land d;^+ r";^^Land-Disturbinq Activity is started as defined in (C) below.
(B) Land Disturbing Permits LDPs
(1) An LDP Land Disturbing Dear,;+must be obtained before beginning the
d;s+,��a,ba^ceLand-Disturbinq Activity and may be obtained at any time as long as
the associated Erosion and Sedimentation Control Plan Appre,4al-approva130_is
valid.
2e"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.
2'Added critical reference to full list of exempt land-disturbing activities.
28 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.
29 Three years is the current expiration time frame for LDPs.
30 Text correction—decapitalized "approval".
Orange County, North Carolina—Unified Development Ordinance Page 3-Ixi
53
(2) a;d D�is#urbiRg PermitsLDPs-exrre with the o ro+iOR of the eros+e„-=,ar!
serdimen+a+inn f en+rr,lnen+rel ndanDlan Approval a a 34 .,loss the
ti_ �
rlisfi rh lonr!_rlis+ rhin ae+ivi+v has begun. Anne the rlis+'Irhanse Iand
crrvrai-r�'arrv�cn-rcrcrr .rc�cc{crr-�:-vr-rrc�rTc-a��ccn-vcn-ry.�uncr
rdist uFNR9 ae+ivi+v hen iRv, +hrer LDRa c�uanrao ' Donrmrir+c is Valid for a nei'er v,fr
efined in (G) helOW
{3)(2) The Land Disturbing Permi+LDP must be renewed every two (2) years, from �a
repeat .,i+h the first I DP renewal remuirerd RE) later t1.an if. the disturbance
two 0 years after the start of activity as defined in (C) below... There is ne
ardrdi+ional foe a ia+erd with I DP renewals. rene ,al fee is a half+he original
fee and the n mi+ is valid for 32 33
8Re�2&F—
(C) Start of Activity
For the purpose of determining the expiration date of the Erosion and Sedimentation
Control PlanCentrel Plan Apprevakapproval34 and/or Land Disturhin,. rmi+Dothe
associated LDP, the 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.
2.19.1 Generally
An rErosion and Sedimentation Control PlanCsr�sl I I_ shall be prepared for all Land-
Disturbing Activities subject to this Ordinance whenever the proposed ' Land-Disturbing
Activity exceeds the thresholds as defined in the Orange County Watershed Matrix (Table 4.2.10
of this Ordinance).37
Any Person engaged in Land-Disturbing Activity who fails to file an Erosion and Sedimentation
Control Plan in accordance with this Ordinance, or who conducts a Land-Disturbing Activity
except in accordance with provisions of an approved Erosion and Sedimentation Control Plan,
shall be deemed in violation of this Ordinance.380S to be undertaken on a tract romnrisinn more
than 20,000 square feet, if more than 20,000 square feet are to be uncovered.
2.19.2 Application Requirements
(A) An application for approval of an ErosionErosion and Sedimentation Control PlanCootrol
Wan shall be filed with the Erosion Control Officer on forms provided by the Planning
Department.
(B) Three One electronic copy and two hard copies39 of the EresiorErosion and
Sedimentation Control Plan Control Plan shall be filed with the Erosion Control Officer.
'34 ext eeKeet+en deeap+talized "a plareva
3 GlffikatiE)R provided per NGDEQ peer review Eemments 3 yeaF staFt WiRdOW, LDPs must be Fenewed every
+ f+ Ina I fans
two alter starting- the Land Bistarbin-sAet+vit}'—rte cviT`c-F'rC�dar-rcc r..
33 Edit(s) based on Legal Sufficiency Review comments.
34 Text correction—decapitalized "approval".
31 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).
36"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" (located in new Section
4.2.10)for determining land disturbance thresholds specific to each watershed within Orange County.
38 Added new language so as to comply with the state's current E&SC Model Ordinance.
39 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.
Orange County, North Carolina—Unified Development Ordinance Page 3-lxii
54
(1) The Erosion Control Officer shall forward one copy of the EFOS'OR Erosion and
Sedimentation Control PlanSoRtFel RlaR to the Orange Soil and Water
Conservation District at least 30 days prior to the commencement of the
proposed aGtivityLand-Disturbing Activity.
(C) The Erosion Control Officer shall forward one copy of the Erosion Erosion and
Sedimentation Control PlanControl-P-lan to the Director of the NC Division of Energy,
Mineral, and Land ResourceS40�nia+�oa�er Quality for any land disturbing activi+„Land-
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 Plans41
(A) Generally
Erosion and Sedimentation Control Plans shall meet the requirements of the most current
version of the North Carolina Administrative Code Title 15A Chapter 4: Sedimentation
Control, and the most current version of the North Carolina Erosion and Sediment Control
Planning and Design Manual (NC Erosion Control Manual).42
In order to be considered complete, a plan submitted for approval must contain the
proposed Eres;GR Erosion and Sedimentation Control PlanCoRtFol Plan, 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 p4rv-Erosion and Sedimentation Control Plan required by this section shall
contain such architectural and/or43 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 plar-Erosion and Sedimentation Control Plan shall comply with all applicable
State and local regulations for erosion and sediment control.
(3) Erosion and Sedimentation Control PlanP-tan content may vary to meet the needs
of specific site requirements.
(C) Review of Other Environmental Documents
(1) Any plafv-Erosion and Sedimentation Control Plan submitted for a Land-
Disturbing Activity 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 PlanControl-Wan
is conditioned on the applicant's compliance with Federal and State Water
Quality laws, regulations, and rules.
(D) Financial Responsibility and Ownership
40 Appropriate Division name.
"Text correction—added "s".
42 E&SC plans must follow the most current Chapter 4 and Design Manual guidelines.
41 Text correction—added "/or".
Orange County, North Carolina—Unified Development Ordinance Page 3-Ixiii
55
(1) Erosion and Sedimentation Control PlansPlaRS may be disapproved unless
accompanied by an authorized statement of financial responsibility and
documentation of propertv44 ownership. This statement shall be signed by the
person financially responSbje financially Responsible Party45 for the land-
Land-Disturbing Activity or his/her46 attorney-in-fact.
(2) The statement shall include the mailing and street addresses of the principal
place of business of: (1)the person financially responcihloFinancially
Responsible Party, (2)the owner of the land, and (3)any registered agents.
(3) If the norS^n finaRG'ally r sibleFinancially 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 plaF}Erosion 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.
(4) If the applicant is not the owner of the land to be disturbed, the draft Erosion
Erosion and Sedimentation Control PlanOentrol-Plan must include the owner's
written consent for the applicant to submit a draft Erosion Erosion and
Sedimentation Control PlanControl-Plan and to conduct the anticipated land-
distupbiRg Land-Disturbinq Activity.
(4)(5) If the applicant is not the owner of the land to be disturbed and the anticipated
Land-Disturbing Activity involves the construction of utility lines for the provision
of water, sewer, gas, telecommunications, or electrical service, the draft Erosion
and Sedimentation Control Plan may be submitted without the written consent of
the owner of the land, so long as the owner of the land has been provided prior
notice of the pro'ect.47
2.19.4 Review by the Soil &Water Conservation District
(A) The Orange Soil and Water Conservation District shall review the EFOSMOR Erosion and
Sedimentation Control PlanSontFel Plan and submit any comments and
recommendations to the Erosion Control Officer within 20 days after the Soil and Water
Conservation District received the€rosionErosion and Sedimentation 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 Conservation48 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 EFGSiGRrErosion and
Sedimentation Control PlanContFel Plan.
2.19.5 Review and Response to Erosion and Sedimentation Control Plans
(A) Once an Erosion and Sedimentation Control Plan has been submitted to Orange County,
the Erosion Control Officer shall determine whether the submittal is GORS'dered Gomp ete
contains the required components as defined in Section 2.19.3 of this Ordinance49 and
shall confirm the appropriate review fees within five (5) business days. The Erosion
Control Officer shall subsequently inform the applicant in writing of plan acceptance or
plan refection, and of the appropriate review fees. An Erosion and Sedimentation Control
44 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
45"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.
46 Text correction—added "/her".
4'Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
48 Text correction -clarification.
49 Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina—Unified Development Ordinance Page 3-Ixiv
56
Plan submittal is not considered complete until the appropriate review fees have been
paid in full.50
W(B) Once an Erosion and Sedimentation Control Plan has been determined to be complete
by the Erosion Control Officer and the appropriate review fees have been paid in full,
theThe Erosion Control Officer shall within 30 business days
Of FeGelpt+hepeof will notify the Erosion and Sedimentation Control Plan that s
deer4applicant in writing that the complete Erosion and Sedimentation Control Plan has
been:
(1) Approved,
(2) Approved with modifications, or
(3) Approved with eeeditions,
(4) with perfermaR tiOR 51
Approved � ee�sewa�,�s
(5)(3) Disapproved.
( ()Examples of approvals with modifications include^^^clitions of approval are, but are 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 per#er.m._a.nr_,e serVurity to pmvide perpiqameRt gFeu;d-cover er
(4)(3) Requiring the PeFSGR fir,aRG'ally FeSPG sib4eFinancially Responsible Party to
retain the services of a professional engineer or architect to supervise
implementation of the approved EFGSiGRrErosion and Sedimentation Control
P I a nSentrel Rlae.
(q(Q) Disapproval of an Erosion and Sedimentation Control Plan-plan must specifically state in
writing the reasons for disapproval.
2.19.6 Timeframe for Review of New-"Erosion and Sedimentation Control Plans53
Failure by the Erosion Control Officer to approve, approve with ^^^,+;tier,^ approve with
modifications,or disapprove an GGMp'^te neW54 Erosion and Sedimentation Control Plan
submittal -within 30 calendar days of the date at which the 55Erosion and Sedimentation
Control Plan submittal was determined by the Erosion Control Officer to be complete-receipt-6f
shall be deemed aan approval of the
Erosion and Sedimentation Control Plan.56
2.19.7 Required Revisions
(A) If, following commencement of a ' Land-Disturbing Activity pursuant
to an approved ptanErosion and Sedimentation Control Plan, the Erosion Control Officer
determines that the plaq-Erosion and Sedimentation Control Plan is inadequate to meet
the requirements of the&9i 57erosion and sedimentation provisions of this Ordinance, the
Erosion Control Officer may require any revision of the p4an-Erosion and Sedimentation
so Added clarification here that a plan submittal is not considered complete until review fees are paid.
si"Approved with conditions" and "Approved with performance reservations" have been eliminated based on
most current NCAC changes(15A NCAC 0413.0118), revised based on NCDEQ peer review comment.
sz Edit(s) based on Legal Sufficiency Review comments.
ss Text correction—added "s".
14 Edit(s) based on Legal Sufficiency Review comments.
ss Edit(s) based on Legal Sufficiency Review comments.
se This section was clarified/refined based on NCDEQ peer review comment.
57 Deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 3-Ixv
57
Control Plan that is necessary to comply with the 58erosion and sedimentation
provisions of this Ordinance.
(B) After approving an Erosion Erosion and Sedimentation Control PlanControl Plan, if the
Erosion Control Officer, either upon review of such Erosion and Sedimentation Control
Plan I n 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 PlanP1an.
(C) Pending the preparation and approval of a revised Erosion Erosion and Sedimentation
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 Plans59
Failure by the Erosion Control Officer to approve, approve with modifications, or disapprove a
revised Erosion and Sedimentation Control Plan submittal within 15 calendar days of the date at
which the revised Erosion and Sedimentation Control Plan submittal was determined bV the
Erosion Control Officer to be complete shall be deemed an approval of the Erosion and
Sedimentation Control Plan.Eail„re to approve, approve with ^r +;+,^^s, approve
Plan within 15 days of receipt shall be deemed approval of the pIane.rA_1_;*A_1n -;;Ad-
60
2.19.9 TiMe-fraMe f.,r Response to Review Comments61
(A) The applicant for the Erosion and Sedimentation Control Plan shall submit written
responses to anV/62all written review comments from the Erosion Control Officer and shall
submit a revised Erosion and Sedimentation Control Plan.+h^ pee& ^ ^.fires g-hM;++;n^
er wr assume that
the o pliGatiGR fer pion erosion Rd sedoMeRtatm^n r Gruel pion a ,al has
abandGRed
(B) The Erosion Control Officer shall give warning in writing to the person or firm submitting
the plan-Erosion and Sedimentation Control Plan before terminating the review of an
Erosion and Sedimentation Control Plan .
(C) In accordance with Section 2.2 of this Ordinance63 ErosionErosion and Sedimentation
Control PlanControl-P-lan review fees are not refundable.
2.19.10 Erosion and Sedimentation Control Plan Amendments
(A) Applications for amendments to-of an approved Erosion Erosion and Sedimentation
Control Plan c^^+���,of ;lan 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
disturbing activi Land-Disturbing Activities shall not proceed except in accordance with
the Erosion Erosion and Sedimentation Control PlanControl-Plan as originally approved.
(C) The provisions of subsection 2.19.7 (B) and (C)of this Ordinance64 shall also apply to
amended €resienErosion and Sedimentation Control Plans.
58 Deleted "soil".
S9 Text correction-added "s".
60 This section was clarified/refined based on NCDEQ peer review comment.
"Title of Section 2.19.9 was refined to better reflection section content.
62 Edit(s) based on Legal Sufficiency Review comments.
es Reference to"this Ordinance".
e4 Reference to"this Ordinance".
Orange County, North Carolina—Unified Development Ordinance Page 3-lxvi
58
2.19.11 Consideration of Applicant's Past Performance
(A) The Erosion Control Officer may disapprove an rErosion and Sedimentation
Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other
affiliate of the applicant:
(1) Is conducting or has conducted Iand disturbing +„a+„Land-Disturbing Activity
without an approved Erosion Erosion and Sedimentation Control PlanOontrol
Plan, or has received notice of violation of an Erosionrr Erosion and Sedimentation
Control 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 an Reso,,roos Energy, Mineral, and Land Resources65 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 EresierErosion and Sedimentation
Control PlanOentrel Plan was disapproved.
2.19.12 Erosion and Sedimentation Control Plan Available of-On"Site
A copy of the approved EresiorErosion and Sedimentation Control Plancentrel R4ae and any
amendments and required revisions shall be kept on the job site and prominently displayed until
all construction is complete, all temporary measures have been removed, all permanent
sedimentation and erosion control measures are installed, and the site has been stabilized.67 at
all t*R;
�T
2.19.13 Notice of Activity Initiation
No Pperson may initiate a land-disturbiRg aGt*V*t Land-Disturbing Activity before notifying the
Erosion Control Officer of the date that land dost„rbi o aGt4v+"Land-Disturbing Activity will begin.
2.19.14 Preconstruction Conference
When deemed necessary by the Erosion Control Officer a preconstruction conference may be
required and the requirement for the oreconstru ct'on conference rn stshall68 be noted in the
Ip ans 69
6s Appropriate Division name.
66 Text correction—replaced "of"with "on".
67 Added language so as to comply with the state's current E&SC Model Ordinance.
es Edit(s) based on Legal Sufficiency Review comments.
69 Revised per NCDEQ peer review comment(15A NCAC 04B.0120).
Orange County, North Carolina—Unified Development Ordinance Page 3-lxvii
59
2.19.15 Transfer of Plans70
(A) The Erosion Control Officer may transfer an Erosion and Sedimentation Control Plan
approved pursuant to this Ordinance without the consent of the plan holder to a
successor-owner of the property on which the permitted activity is occurring or will occur
as provided in this subsection.
(1) The Erosion Control Officer may transfer an Erosion and Sedimentation Control
Plan if all of the following conditions are met:
(a) The successor-owner of the property submits to the Erosion Control
Officer a written request for the transfer of the Erosion and
Sedimentation Control Plan and an authorized statement of financial
responsibility and documentation of property ownership.
(b) The Erosion Control Officer finds all of the following:
1. The Erosion and Sedimentation Control Plan holder is one of the
following: a natural person who is deceased; a partnership, limited
liability corporation, corporation, or any other business association
that has been dissolved; a Person who has been lawfully and finally
divested of title to the property on which the permitted activity is
occurring or will occur; or, a Person who has sold the property on
which the permitted activity is occurring or will occur.
2. The successor-owner holds title to the property on which the
Permitted activity is occurring or will occur.
3. The successor-owner is the sole claimant of the right to engage in
the permitted activity.
4. There will be no substantial change in the permitted activity.
(2) The Erosion and Sedimentation Control Plan holder shall comply with all terms
and conditions of the Erosion and Sedimentation Control Plan until such time as
the Erosion and Sedimentation Control Plan is transferred.
(3) The successor-owner shall comply with all the terms and conditions of the
Erosion and Sedimentation Control Plan once the Erosion and Sedimentation
Control Plan is transferred.
(4) Notwithstanding changes to law made after the original issuance of the Erosion
and Sedimentation Control Plan, the Erosion Control Officer may not impose new
or different terms and conditions in the Erosion and Sedimentation Control Plan
without the prior express consent of the successor-owner. Nothing in this
subsection shall prevent the Erosion Control Officer from requiring a revised
Erosion and Sedimentation Control Plan pursuant to General Statute 113A-
54.1.(b).
Section 2.20: STREAM BUFFERS -USE AUTHORIZATION CERTIFICATE
2.20.1 Use Authorization Certificate
(A) Application Requirements
70 NEW SECTION—Section 2.19.15 added so as to comply with the state's current E&SC Model Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 3-Ixviii
60
(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;
(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 Quality Resources of the North Carolina Department
Environment and Natural Roos ,r of-Environmental Qualit NCDEQ 71 for a
decision.
Section 2.21: STORMWATER MANAGEMENT Stormwater Management Plan
(A) Application Requirements
(1) AR annliGati.,n for appre-yal r,f o Ctrs rotor MaRa ont Rlon /CHAR\ shall
filed with the Erosion Centre.' Qf ir-er n forms provided by the PlaRRiRg
^enTA Stormwater Management Plan (SMP) shall be prepared for all
Land-Disturbing Activities subject to this Ordinance whenever the proposed
Land-Disturbing Activity exceeds the stormwater thresholds as defined in the
Orange County Watershed Matrix(Table 4.2.10 of this Ordinance).73
(B) Plan Requirements
71 Correction of entity name.
'Z 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.
73 Section 2.21.1 (A) updated so as to reference the"Orange County Watershed Matrix Table(located in new
Section 4.2.10 for determining land disturbance thresholds specific to each watershed within Orange County.
Orange County, North Carolina—Unified Development Ordinance Page 3-lxix
61
(1) Permanent e^rste stemqwateF GGRtFE)l mea:u esAny proposed permanent
Stormwater Control Measures (SCMs)74 must be shown as part of the
Stormwater Management PlanSMP and must accompany the Land Disturbiag
P-lanLand Disturbing Permit(LDP)75 application submittal package76. SCMs are
teshall77 hp nAGGARIARGe With the meet the requirements of the most current
version78 of the North Carolina Administrative Code Title 15A, Subchapter 02H
Sections .1000 through .1062, and the most current version 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, as
applicable per the requirements of Section 6.14 of this Ordinance79,80 must be
included in the LDP application submittal package81.
(3) SCMs that are designed, constructed and maintained in accordance with the
most current version82 of the North Carolina Administrative Code Title 15A,
Subchapter 02H, Sections .1000 through .1062 and the most current version of
the-NCDEQ Stormwater Design Manual, the83 approved accounting tools84, and
the85 requirements listed in Section 6.14 of this Ordinance86 will be presumed to
meet the required performance standards of Section 6.14 of this Ordinance87.
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 Ordinance88.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any c+ r.,,water MaR@geM8R
P4anSMP which is in conformance with the performance standards specified in the most
current version89 of the North Carolina Administrative Code Title 15A, Subchapter 02H,
Sections .1000 through .1062 and the most current version of the NCDEQ Stormwater
Design Manual, and other requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any perm+ts-LDPs for development
on any land that is defined as new development under Section 6.14 of this Ordinance
unless and until an SMP c+ r,,,WatGr MaRa GMeRt Plan in compliance with the
requirements of this Ordinance has been approved.
74"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.
75"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.
76 Consistent use of"application submittal package".
"Text correction—grammar fix.
78 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual.
79 Edit(s) based on Legal Sufficiency Review comments
80 Added the text"as applicable",since nutrient export calculations are not required in the Cape Fear River Basin.
81 Consistent use of"application submittal package".
82 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
83 Text correction—added "the".
84 Text correction—added "s".
85 Text correction—added "the".
86 Consistent reference to"this Ordinance".
87 Consistent reference to"this Ordinance".
$$Consistent reference to"this Ordinance".
89 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
Orange County, North Carolina—Unified Development Ordinance Page 3-lxx
62
(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.
Section 2.22: HOME OCCUPATIONS
2.22.1 Application Requirements
(A) An application for a Home Occupation Permit shall be filed with the Planning Director on
forms provided by the Planning Department.
(B) Application forms shall be prepared so that when completed a full and accurate
description of the proposed use, including its location, appearance, and operational
characteristics are disclosed.
(C) An application for a minor home occupation shall include a plot plan that adheres to the
requirements of Sections 2.4.3 and 5.5.4.
(D) An application for a major home occupation shall require a Special Use Permit and
adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.4.
2.22.2 Conditions of Approval
(A) If conditions are attached to the approval of a permit, they may address deficiencies in
meeting specific Ordinance requirements or they may address specific impacts which
result from the operation of the home occupation.
(B) If conditions address specific impacts which result from the operation of the home
occupation, the conditions may include, but not be limited to the following limitations:
(1) Hours of operation;
(2) Number of vehicles to be parked on the premises;
(3) The location of an accessory building, storage area or parking on the property.
(C) The Planning Director may require greater setbacks and/or additional landscaping or
screening to adequately screen the home occupation from adjoining properties.
2.22.3 Application Approval
(A) If the application is approved, either with or without conditions, the Planning Director shall
send the applicant a permit letter informing him/her of the approval and of the
requirements of the Ordinance that apply to the home occupation.
(B) The permit letter must be signed by the applicant to indicate his/her willingness to
operate the home occupation in conformance with the requirements and conditions set
forth in the permit letter.
(C) Each permit letter shall be kept on file by the Planning Director and shall constitute the
Home Occupation Permit for the particular use in question.
(D) The home occupation may be operated by the applicant as long as it is operated in
conformance with the requirements and conditions set forth in the permit letter.
2.22.4 Application Denial
If the application is denied, the Planning Director shall notify the applicant of the denial and shall
state the reasons for denial in writing.
Orange County, North Carolina—Unified Development Ordinance Page 3-lxxi
63
(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 Soi--Erosion and Sedimentation Control Plan"
(A) Appeal of Erosion and Sedimentation Control Plan
Except as provided in subsection (D) below, the appeal of a disapproval or an;approval
with modifications, er approval with Genditions of an rErosion and Sedimentation
Control Plan shall be governed by the following provisions:
(1) The disapproval or modification of ,
attaGhedto any proposed rErosion and Sedimentation Control Plan by
the Erosion Control Officer shall entitle the person submitting the plan to an
appeal of the decision to the Orange County Planning Director.
(2) If the Planning Director upholds the decision, the person shall be entitled to a
public hearing if such person submits written demand for a hearing within 15
days after receipt of written notice of disapproval, modification, or conditions of
approval.
(B) Hearings
(1) Orange County
(a) This sub-subsection pertains to appeals for Lland-Ddisturbing Aactivities
occurring outside the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by the
Orange County Planning Board within 30 days after receipt of written
demand, as provided for in (A)(2) above.
(c) The Orange County Planning Board shall make recommendations to the
Board of County Commissioners within 30 days after the date of the
hearing on such Erosion.Erosion and Sedimentation Control Plan.
(d) The Board of County Commissioners will render its final decision on any
F=FGSiGRrErosion and Sedimentation Control Plan appeal within 30 days
of receipt of the Planning Board recommendation.
(2) Other than Orange County
(a) This sub-subsection pertains to appeals for Lland-Ddisturbing Aactivities
occurring within the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
90 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 3-Ixxviii
64
(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 Er lion Erosion and Sedimentation Control Plan.
(d) The said appropriate town or city board will render its final decision on
any Erosion Erosion and Sedimentation Control Plan appeal within 30
days of the receipt of the recommendations from the said designated
agency conducting the hearing.
(C) Appeal from Local Government's Decision
If the local governing body upholds the disapproval or modification ,
of a proposed EresierErosion and Sedimentation Control Plan
following the public hearing, the applicant shall be entitled to appeal the local
government's action to the North Carolina Sedimentation Control Commission as
provided in Section 113A-61(c) of the General Statutes and Title 15A NCAC 4B.0118.
(D) Appeal of Erosion 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 disturbiRg ti 4t,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 91 shall be made to the Orange County Planning Director.
(B) If the Planning Director upholds the decision, the applicant shall be entitled to a public
hearing if the applicant submits written demand for a hearing within 15 days after receipt
of written notice of disapproval, modification, or conditions of approval.
(C) The hearing shall be conducted by the Orange County Planning Board within 30 days
after receipt of written demand for a hearing.
(D) The Orange County Planning Board shall make recommendations to the Board of County
Commissioners within 30 days after the date of the hearing.
(E) The Board of County Commissioners shall render its final decision on any st rmwater
management p SMP upon which a hearing is requested within 30 days of receipt of the
recommendations from the Planning Board.
91 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 3-lxxix
65
2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan92 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 Soil Erosion and Sedimentation Control
PUnErosion and Sedimentation Control Plan93 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 94 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.
2.27.1 Application Requirements
(A) The purpose of a Performance Guarantee 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 Ordinancr, 96
(C) Accepted Performance Guarantee applications shall be distributed to applicable agencies
(e.g. NC Department of Transportation, utility providers, etc.), the Orange County
Development Advisory Committee(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.
92 Consistent reference to"Stormwater Management Plan".
93 Consistent reference to"Erosion and Sedimentation Control Plan".
94 Deleted "soil".
95 NEW SECTION.
96 Reference to new section 6.22.
Orange County, North Carolina—Unified Development Ordinance Page 3-lxxx
66
(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 3-Ixxxi
Article 4: Overlay Zoning Districts 67
Section 4.2:Watershed Protection
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAximum DENSITY
U-ENO-CA 1 du/2 acres
LITTLE-PW
HYCO-PW 1 du/40,000 square feet(92 acre)
FLAT-PW
U-ENO-PW
L-ENO-PW Maximum density is as permitted in the underlying zoning district.
HAW-PW Stormwater Ccontrol Mmeasures(SCMs)are required in some cases where density
JORDAN-PW exceeds 1 dwelling unit per acre. Refer to Section 4.2.5.
BACK-PW
Orange County, North Carolina—Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts 68
Section 4.2:Watershed Protection
4.2.5 Impervious Surface and Detention Pond97 Requirements for Residential Uses
TABLE 4.2.5.1: IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL)
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90,which are subject to impervious surface
limits as provided in the following Table (entitled Sliding Scale for Residential Impervious
UNIV-CA Surface Ratios—Univ, Cane, and Little). [1], [2]
UNIV-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8 C .
6% impervious surface limit.
EXCEPT for lots smaller than two acres which existed prior to 1/1/94,which are subject to
impervious surface limits as provided in the following Table(entitled Sliding Scale for
CANE-CA Residential Impervious Surface Ratios—Univ, Cane, and Little). [1], [2]
CANE-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8 C .
6% impervious surface limit.
U-ENO-CA EXCEPT for lots smaller than five acres which existed prior to 6/1/2010,which are subject
to impervious surface limits as provided in the following Table(entitled Sliding Scale for
Residential Impervious Surface Ratios—Upper Eno). [1], 2
6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94,which are subject to impervious surface
limits as provided in the following Table (entitled Sliding Scale for Residential Impervious
LITTLE-PW Surface Ratios- Univ, Cane, and Little). [1], [2]
Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8 C .
FLAT-PW 12% impervious surface limit for new and existing lots. [1], [2]
HYCO-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2]
30% impervious surface limit for developments which exceed a density 1 du/acre within
U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Stormwater
BACK-PW Management Plans(SMPs)and/or Stormwater CGontrol Mmeasures (SCMs)are required
if impervious surface exceeds 12%.
70% impervious surface limit for residential uses developed at"high intensity"densities
(R-5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with SCMs if ISR exceeds12%.
24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
[1], [2]
70% impervious surface limit for residential uses developed at"high intensity"densities
L-ENO-PW (R-5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option),with Stormwater Management
Plans SMPs)and/or Stormwater Control Measures(SCMs)required when impervious
surface exceeds:
24% (w/curb and gutter); or
36% w/o curb and gutter).
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
97 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers.
98 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers.
99 Removed reference to"Detention Ponds" as that language is irrelevant and misleading to readers.
Orange County, North Carolina—Unified Development Ordinance Page 4-7
Article 4: Overlay Zoning Districts 69
Section 4.2:Watershed Protection
DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL)
[2] Regardless of the proposed amount of impervious surface area,a Stormwater Management Plans (SMPs)
and/or Stormwater Control Measure(SCM)may still be required based on the proposed amount of land
disturbance on a given parcel of property in
accordance with applicable Orange County Erosion Control and State Stormwater regulations.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with detention ponds.
TABLES 4.2.5.2&4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS
ND UPPER ENO
LOT SIZE(ACRES) ISR LOT SIZE(ACRES) ISR SQUARE FEET
Cells in black DO NOT apply to the Upper Eno
3.1 9.8 13,234
6.0 5.0 .: 3.0 10.0 13,068
5.9 5.1 13,107 2.9 10.2 12,885
2.8 10.4 12,685
2.7 10.6 12,467
2.6 10.8 12,232
2.5 11.0 11,979
2.4 11.2 11,709
5.3 5.7 • 2.3 11.4 11,421
2.2 11.6 11,116
5.1 • 2.1 11.8 10,794
5.0 6.0 13,068 2.0 12.0 10,454
4.9 6.2 13,234 1.9 12.2 10,097
4.8 6.4 13,381 1.8 12.4 9,723
4.7 6.6 13,512 1.7 12.6 9,331
4.6 6.8 13,625 1.6 12.8 8,921
4.5 7.0 13,721 1.5 13.0 8,494
4.4 7.2 13,880 1.4 13.2 8,050
4.3 7.4 13,861 1.3 13.4 7,588
4.2 7.6 13,904 1.2 13.6 7,109
4.1 7.8 13,930 1.1 13.8 6,612
4.0 8.0 13,939 1.0 14.0 6,098
3.9 8.2 13,930 0.9 14.2 5,567
3.8 8.4 13,904 0.8 14.4 5,018
3.7 8.6 13,861 0.7 14.6 4,452
3.6 8.8 13,800 0.6 14.8 3,868
3.5 9.0 13,721 0.5 15.0 3,267
3.4 9.2 13,625 0.4 15.2 2,648
3.3 9.4 13,512 0.3 15.4 2,012
Orange County, North Carolina-Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Districts 70
Section 4.2:Watershed Protection
FOR RESIDENTIAL IMPERVIOUSRATIOS
UNIV,CANE, LITTLE,AND UPPER •
LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET
Cells in black DO NOT apply to the Upper Eno
3.2 9.6 13,382 0.2 15.6 1,359
4.2.6 Impervious Surface, Detention Pond, 10° and Lot Size Requirements for Non-Residential
Uses
Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the
underlying zoning district.
TABLE 4.2.6: IMPERVIOUS SURFACE REQUIREMENTSON-RESIDENTIAL
DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(NON-RESIDENTIAL)
UNIV-CA 5-acre minimum lot size,with potential of up to five lots as small as two acres for lots of record September 1,
CANE-CA 2015(University Lake)or October 19, 1999 (Cane Creek); AND
6% impervious surface limit. [1], [2]
U-ENO-CA 2-acre minimum lot size AND
6% impervious surface limit. [11, 2
5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record September 1,
2015(University Lake)or October 19, 1999 (Cane Creek); AND
UNIV-PW 50% ISR for all fire stations and solid waste collection centers;AND
CANE-PW 12% ISR for all other non-residential uses;AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use 139 acres in CANE-PW . [11, 2
2-acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers;AND
LITTLE-PW 12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use 406 acres in LITTLE-PW . 1 , 2
70%
ISR in Economic Development, Commercial and/or Commercial- Industrial Nodes as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with Stormwater Management Plans (SMPs)and/or
Sstormwater CGontrol Mmeasures(SCMs)if ISR exceeds 12%; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with Stormwater
BACK-PW Management Plans(SMPs)and/or Stormwater Control Measures SCMs if ISR exceeds 12%; AND
12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan; AND
on-site infiltration of the first inch of stormwater runoff;AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW (5.0%)and 163 acres
throughout BACK-PW 1% . [11, 2
50% ISR for all fire stations and solid waste collection centers;-AND
HYCO-PW 12% ISR for all other non-residential uses;AND
FLAT-PW on-site infiltration of the first inch of stormwater runoff;_AND
limit of 1%of the watershed for non-residential use 37 acres in HYCO-PW,66 acres in FLAT-PW . [1], [2]
101 Removed reference to"Detention Ponds"as that language is irrelevant and misleading to readers.
101 Removed reference to"Detention Ponds"as that language is irrelevant and misleading to readers.
101 Removed reference to"Detention Ponds"as that language is irrelevant and misleading to readers.
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts 71
Section 4.2:Watershed Protection
JVLE •: IMPERVIOUS SURFACE REQUIREMENTSON-RESIDENTIAL
DISTRICT IMPERVIOUS SURFACE REQUIREMENTS(NON-RESIDENTIAL)
70% impervious surface,with structural SCMs required when impervious surface exceeds:
L-ENO-PW 24% (w/curb and gutter); or
36% w/o curb and gutter). [1], 2
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the LIDO.
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management
Plan (SMP)and/or a Stormwater Control Measure (SCM)may103sha4 be required in accordance with applicable local and State
standards based on proposed land disturbance and/or a project exceeding impervious surface thresholds as identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50% with Stormwater Control Measures
S( CMS)detegtKN ,.,rl� 104
4.2.7 Placement of Streets, Driveways, and Buildings
(A) Streets, driveways, and buildings or other structures shall be located, to the extent
reasonably possible, so as to take full advantage of the absorptive capacity of the soils
on which they are to be situated and to avoid the following environmentally sensitive
areas:
(1) Stream buffer zones as required by Section 6.13;
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards
of this Section, the preliminary plan shall show proposed building envelopes and
approximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
103 This footnote has been revised to match the same format as that used in Table 4.2.5.1.
104"Detention Ponds" replaced with "Stormwater Control Measures(SCMs)."
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 4: Overlay Zoning Districts 72
Section 4.2:Watershed Protection
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity,
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property(excepting current ad valorem property
taxes)and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
(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 approval and recordation of a declaration of impervious surface re-allocation
document (provided by Orange County) and a corresponding scaled exhibit map. The
declaration of impervious surface re-allocation document and corresponding scaled
exhibit map and correspendmnq exh0b more must clearly describe-oufine the proposed
site modifications, inclusive of the allowable impervious area(s)for each affected lot(in
square feet), the amount of existing and proposed impervious area(s)for each affected
lot(in square feet), and the amount of proposedand a concise summary o +he impervious
area(s)to be permanently added and/or removed for each affected lot. The applicant
must provide evidence that the proposed impervious surface re-allocations are within the
same watershed and within the same tier of that watershed (e.g. critical, protected,
unprotected).105 106
(G)(D) Through the installation of a Sstormwater Csontrol Mmeasure (SCM), consistent with the
minimum design standards as detailed within the most current version of the North
Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062
Zos Section 4.2.8 revised to better reflect current practice.
Zoe Edit(s) based on Legal Sufficiency Review comments,clarifying requirements of documents.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districts 73
Section 4.2:Watershed Protection
and the most current version of the Department of Environmental Quality(NCDEQ)
Stormwater Design Manual, State St rmwater D86igR nnanual.and this Ordinance.107
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an
stormwater foe+, rolnfiltration System'0s
(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 North
Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through
.1062 and the 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 County109 and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of##e-Orange County10 and other agencies or officials
as appropriate. Once approved, the document shall be recorded aN4 the Orange
County Registerfa-01' 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 County12
(7) The property owner, at its cost and expense, shall be required to execute and file
with the Orange County13 a Performance Guarantee
,ntable iri+ 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. T118 aMGURt Gf the bend shall be 1'I0 of the est mated nE)c+ G
rho foot re and 0mnor�iir�iio oiirf�no o G84ified by a IlnonOo.J
professional engineer or sur„eyer.The Performance Guarantee shall comply with
the provisions of Section 6.22 of this Ordinance.14
107 Consistent reference to the"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design
Manual—addressed through remainder of Section 4.2.8.
10'Correct reference to"Infiltration System"as defined in the Definitions section of this Ordinance.
10'Consistent reference to"Orange County".
1io Consistent reference to"Orange County".
111 Text corrections.
12 Consistent reference to"Orange County".
13 Consistent reference to"Orange County".
14 Reference to new section.
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 4: Overlay Zoning Districts 74
Section 4.2:Watershed Protection
4.2.10 Orange County Watershed Matrix15
Table 4.2.10 defines the land disturbance area thresholds (in square feet)that tripper the need for
an Erosion & Sedimentation Control Plan and/or a Stormwater Management Plan.
4.2.1
Back Creek 20,000 21,780 43,560 **NA **NA
E Haw Creek 20,000 21,780 43,560 **NA **NA
Q **NA **NA
Cane Creek *10,000 21,780 43,560
3
Cane Creek Critical Area *10,000 21,780 43,560 **NA **NA
w = Haw River(protected) 20,000 21,780 43,560 **NA **NA
w Haw River(unprotected) 20,000 21,780 43,560 **NA **NA
a-
Q **NA **NA
Ul E Jordan Lake(unprotected) 20,000 21,780 43,560
** **
Jordan Lake(protected) 20,000 21,780 43,560 NA NA
0
_ **NA **NA
3 University Lake *10,000 21,780 43,560
a)
Z **NA **NA
� University Lake Critical Area *10,000 21,780 43,560
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)
Lu J Upper Eno *10,000 12,000 21,780 2_2 0.33
z @ Upper Eno Critical Area *10,000 12,000 21,780 2.2 0.33
LL
Lower Eno (unprotected) 20,000 12,000 21,780 2.2 0.33
Lower Eno (protected) 20,000 12,000 21,780 2.2 0.33
Y Hvco Creek 20,000 NA NA NA NA
O
z
Q
0 South Hvco Creek 20,000 43,560 43,560 NA NA
*Waiver required.
**Jordan Lake nutrient export regulations are not currently enforced, in compliance with State mandate.
Orange County will resume enforcement of nutrient export regulations if/when the State mandate is revised.
NOTES:
[11 Thresholds are listed in square feet(SF).
[21 Not part of larger development.
[31 Nutrients listed in pounds/acre/year.
[41 43,560 square feet= 1 acre.
[51 21,780 square feet /Y acre.
[61 10,890 square feet='/4 acre.
[71 A site plan may also be constrained by stream buffer requirements and impervious surface
limitations, in addition to typical zoning setback requirements.
115 NEW TABLE. Peer review comments included suggestion to move new Table 4.2.10 to a new Section 4.2.10.
Orange County, North Carolina-Unified Development Ordinance Page 4-14
Article 5: Uses 75
Section 5.6: Standards for Service Uses
(B) Submittal Requirements and Standards of Evaluation for Special Use Permit or
Conditional Districts
(1) Submittal Requirements
In addition to the information required by Section 2.7_or 2.9, as applicable, the
following information shall be supplied as part of the application for approval of
this use:
(a) Plans for all kennels, exercise yards, dog runs, pens and related
improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel.
(b) No part of any building, structure, dog run, pen, or exercise yard in which
animals are housed or exercised shall be closer than 150 feet from a
property line, except property occupied by the owner/operator of the
kennel.
(i) The 150 foot setback established by this section shall not apply if
all portions of the facility, in which animals are housed, are
wholly enclosed within a building.
(ii) For Class II Kennels developed within the EDE-2 zoning district,
this setback shall not apply to dog training activities where each
dog is under the immediate control of its trainer, owner, or other
responsible individual.
(iii) For Class II Kennels developed within the EDE-2 zoning district,
all buildings, structures, dog runs, pens, or exercise yards in
which animals are housed or exercised shall observe the
principal setbacks established within Section 3.7 of the UDO in
those instances where the property abuts other EDE-2 zoned
property and US Highway 70.
(c) Any kennel, including primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height.
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
property.
(e) The site plan shall be reviewed by the Orange County Animal Services
Department, and found in conformance with the Animal Control
Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
the Orange County Animal Services Department prior to issuance of any
building permits.
(g) All proposed signage shall comply with dimensional requirements as set
forth within Section 6.12.
(h) All necessary permits shall be obtained from Orange County Animal
Services within the first 30 days of occupancy. Failure to obtain and
maintain a valid Class II Kennel Permit or other related permits which
may be required by the USDA or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
Orange County, North Carolina—Unified Development Ordinance Page 5-30
Article 5: Uses 76
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 Erosion Erosion and Sedimentation Control Plan;
(6) Stormwater Management Plan (SMP);
(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
(11) Hazardous Materials Management Plan, including a description of the program
for application, storage, and handling of pesticides, fertilizers, swimming pool
chemicals, and any other hazardous substances; a Material Safety Data Sheet
listing each substance, its known impacts, physical properties, and protective
measures; a Tier Two form stating the location and quantity of each substance;
and building and site plans showing location and quantities of hazardous
materials.
(D) Standards of Evaluation
Orange County, North Carolina—Unified Development Ordinance Page 5-40
Article 5: Uses 77
Section 5.7: Standards for Recreational Uses
(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 sterW,water mana,.emeRt pla Stormwater Management Plan
(SMP)16 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;
(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;
Zie Consistent use of"Stormwater Management Plan (SMP)".
Orange County, North Carolina—Unified Development Ordinance Page 5-43
Article 5: Uses 78
Section 5.7: Standards for Recreational Uses
(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
(vi) A financial guarantee is required for the total cos}of the mitigation
project. Once the installurratioon_is complete, 30% of the amount of
the hnn.J latter Of sca '} or escrow will be held fee 12 mr)n}hs G
Gh
until the s r!
site i established, whiGheyer is sate Consistent with
Section(s) 2.27 and 6.22 of this Ordinance, a Performance
Guarantee shall be required for the mitigation project..117
(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 Sstormwater CBontrol Mmeasures (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 nraRge County cr.,si.,n aR
Sediment Control Mangyalmost current version of North Carolina
Administrative Code Title 15A Chapter 4: Sedimentation Control, and the
most current version of the NC Erosion Control Manual;118
(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
(1) Integrated Pest Management (IPM)
(a) An integrated pest management plan (IPM) shall be established based
on site conditions, soils, pesticide properties and management practices.
(b) The plan shall be updated as necessary to incorporate changes in
pesticide choices, applications, etc.
11'Reference to new sections.
Zis Correct reference to the most current versions of North Carolina Administrative Code Title 15A Chapter 4:
Sedimentation Control and the most current version of the NC Erosion Control Manual. There is no Orange County
manual.
Orange County, North Carolina—Unified Development Ordinance Page 5-44
Article 5: Uses 79
Section 5.7: Standards for Recreational Uses
(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 f Env rr on+and Natural Res r D
Department of Environmental Quality(NCDEQ)119 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):
(i) Buildings,
(ii) Campsites,
1is Corrected entity reference.
Orange County, North Carolina—Unified Development Ordinance Page 5-47
Article 5: Uses 80
Section 5.7: Standards for Recreational Uses
(iii) Storage areas,
(iv) Fencing and gates,
(v) Outdoor recreation areas
(vi) Access road(s)to the site, as well as on site roads, with an
indication of type of proposed surface.
(b) A description of the type of facility planned, the size, capacity, and use of
proposed buildings; a signed statement from the owners or operators
that there shall be no activity allowed that will have adverse effects on
adjacent property. The statement shall also include a complete list of all
recreational activities that will take place on the site.
(c) A phasing plan, when necessary, indicating the area to be developed in
each phase with time periods for construction of each phase. This may
be indicated on the site plan.
(d) The site plan shall show the distances to the nearest residential
structure.
(2) Standards of Evaluation
(a) Unless public sewer is proposed to be extended, the adequacy for the
method of sewage disposal will be determined by the lot size and soil
suitability. Appropriate letters from the Orange County Environmental
Health Department, local jurisdictions and/or the State Division of
Environmental Management shall be submitted to indicate preliminary
approval.
(b) The landscape plan shall show how the facilities will be screened from
the adjacent properties. A minimum 30 foot Type B buffer, as indicated
in Section 6.8 shall be observed around the perimeter of the property.
(c) If private recreational facilities are proposed, the improvements must
meet the site improvement requirements in Section 7.11 of this
Ordinance. The site plan for recreational facilities shall be reviewed by
the Orange County Recreation and Parks Director.
(d) Off street parking requirements shall be provided in accordance with
Section 6.9 of this Ordinance.
5.7.6 Race Track
(A) Submittal Requirements
A formal site plan shall be submitted showing the current and proposed conditions of the
property, including:
(1) Existing impervious surface calculations,
(2) Location of ster ,water retent'en s'tesStormwater Control Measures (SCMs)120
(3) The location of all structures and their distance from all property lines,
(4) The location of the septic field and repair areas,
(5) The location of petroleum storage containers and re-fueling areas,
(6) The location of all existing vegetation and buffer areas,
(7) All parking areas including internal traffic circulation patterns for the property, and
120"stormwater retention sites" replaced with "Stormwater Control Measures(SCMs)",as any potential
stormwater management requirements are not limited to'retention sites'.
Orange County, North Carolina—Unified Development Ordinance Page 5-48
Article 5: Uses 81
Section 5.7: Standards for Recreational Uses
(8) All other required information outlined within Section 2.5 of this Ordinance.
(B) Standards of Evaluation
Prior to any land--disturbing activity12' 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.
Zz1"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 82
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 t0122Te
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);
...Grammar correction.
Orange County, North Carolina—Unified Development Ordinance Page 5-50
Article 5: Uses 83
Section 5.8: Standards for Care&Educational Facilities
(i) A stern~water maRagemer,+ planStormwater Management Plan
(SMP)123 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 Sstormwater CGontrol Mmeasures
(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 ('rdonanGe, the
EFC)SOGR and Ce,Iir~,er,+!"`GRtFGl MaR almost current version of the
the NAr+h f arel'Ra Cresmor, A—Aid (`enure. Dlo.,.,�.,r.
DesmQR nnaRuaINorth Carolina Administrative Code Title 15A
Chapter 4: Sedimentation Control, and the most current version
of the North Carolina Erosion and Sediment Control Planning
and Design Manual (NC Erosion Control Manual)124
app" able The ISler+h �'�relir,e Crosier, end Ce.Jimen+�+ier,
GA-Rtrel DrA-gpam Fules;
u
(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.
(j) Habitat Maintenance
1z3 Consistent use of"Stormwater Management Plan (SMP)".
114 Correct reference to the most current version of North Carolina Administrative Code Title 15A Chapter 4:
Sedimentation Control and the most current version of the NC Erosion Control Manual. There is no Orange County
manual.
Orange County, North Carolina—Unified Development Ordinance Page 5-57
Article 5: Uses 84
Section 5.9: Standards for Utilities
(c) Adequate provision has been made for the protection of adjacent
property from the dangers of collapse, fire, flooding or other menaces to
public health and safety.
(d) 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.
5.9.5 Electric, Gas and Liquid Fuel Transmission Lines
(A) Submittal Requirements and Standards of Evaluation for Special Use Permit and
Conditional Districts
(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 showing the following:
(i) All existing and proposed structures within the site of the line,
(ii) All existing structures within 50 feet of the boundaries of the site,
and
(iii) Officially designated floodways and floodplains.
(b) A plan Gf eresion and sediment tr IsAn Erosion and Sedimentation
Control Plan125 for the site.
(c) Typical cross sections for the installation showing elevation of all
structures and existing and proposed topography.
(d) Plans and elevations of all proposed structures and descriptions of the
color and nature of all exterior materials.
(e) Certification by the applicant that it is a public utility and a statement that
the proposed installation is necessary to accomplish its public utility
function and that public convenience and necessity will be served by the
proposed installation.
(2) Standards of Evaluation
(a) Adequate provision has been made to protect adjacent property from the
dangers of explosion, rupture, collapse, fire or other menaces to public
health and safety.
(b) The public convenience and necessity shall be served by this proposed
installation, if installed as proposed.
(c) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of
$500,000.00 per occurrence.
5.9.6 Solar Array
(A) Standards for Accessory Use
(1) Standards of Evaluation
Residential and non-residential land uses shall be allowed to develop onsite solar
arrays as a customary accessory use subject to submittal of a professionally
its Consistent use of"Erosion and Sedimentation Control Plan" as defined in 15A NCAC 02H.1002(Definitions)
Orange County, North Carolina—Unified Development Ordinance Page 5-63
Article 5: Uses 85
Section 5.9: Standards for Utilities
(c) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(d) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(b) The height of proposed arrays and support structures shall not exceed
40 feet.
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight(8)foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
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)126 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.
121 Correct reference to"Land Disturbing Permit".
Orange County, North Carolina—Unified Development Ordinance Page 5-67
Article 5: Uses 86
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 ond `"'hrr rich oor" llperformance bon, guarantee removal of the
wireless support structure in the event that it is abandoned or unused
a period c' ' monthsconsistent with the proyisic 127.
(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
...Michael Harvey edits.
Orange County, North Carolina—Unified Development Ordinance Page 5-79
Article 5: Uses 87
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.
/+,1 All "marred GE)Mrn�"T-'v'rniGa+i'r"v''rrw"T p^^Peft U shall be
Bless su str c�U reS ms-,��
removed Wt 12 MGRthc she eessaA-f ase. A bend or other
seGU
city g mooing the r al Af tho tower in the event that it is
aba dGRed er unused f„r a ied f 1 ohs shall be posted. A test
est sh_-II be provided by a qualified General C ontraactoF linoeinicsed hA.
}ha Cato pf Aln--fh rnmlina The amount of� nt of the securityshall be 1_1_0%of
the est4mater.128
(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.
M 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.
its Covered within subsection (5) below.
Orange County, North Carolina—Unified Development Ordinance Page 5-84
Article 5: Uses 88
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.
kw)L,�"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 SecurityPerfor. ante Guarantee performance Guarantees
(a) The applicant and/u, the owner of record of a telecommunication support
structure , ���� +o shall, at its cost andtheir
Orange County, North Carolina—Unified Development Ordinance Page 5-85
Article 5: Uses 89
Section 5.10: Standards for Telecommunication Facilities
expense, be inintly required to execute and file with the County a
Performance Guarantee bond, other form of sen„rit„a entahle to the
County as to type of security and the form and manner of eveG itien
amount of at least $75 000 00 for a tower and with s nh sureties as are
deemed sufficient by the County t ensurin�ce the faithful performance of
the terms and conditions of this Section Section(s) 2.27 and 6.22 of this
jina, and applicable conditions of any Special Use Permit or
Conditional District approval i nis
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 bens' or n„rity erformance Guarantee 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.129
(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.
121 Michael Harvey edits: 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 90
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 _—Performance
Guarantee.130
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.
STANDARDS O 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.
110 Consistent reference to"Performance Guarantee".
Orange County, North Carolina—Unified Development Ordinance Page 5-90
Article 5: Uses 91
Section 5.12: Standards for Extractive Uses
(2) An EFOSOORrErosion and Sedimentation Control Plan131Sentrel R4aR has been
approved by the DepartmeR+Gf ERV',-,,nrne + Health and Natural Rese FGeS; the
Division of Energy, Mineral, and Land Resources (DEMLR).132
(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.
Zs1 Consistent reference to"Erosion and Sedimentation Control Plan".
Zsz Reflects current name of the Division.
Orange County, North Carolina—Unified Development Ordinance Page 5-94
Article 5: Uses 92
Section 5.12: Standards for Extractive 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.
(j) 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 ,fist urba Land-Disturbing Activity133 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 Roarr! of County Commissioners shall require for all extractn,e uses
aThe applicant shall be required to post a Performance Guarantee to
ensure that-the provisions of the Rehabilitation Plan are met. Such The
Performance shallbe in a Corm approved by the Co .,+„
AtteMey. he ame- �nrn -ef such guarantee shall cover the cvsf�n
rehablikaton on a per acre heck Of the cost does not exceed the amount
posted with the State. if t�Tehahili rGGst eXEeeds-the-ac`mm-EMRts
reed by thethe State then the d_iff��� shall b made a bE)Rd to
Orange� � ,This g--arantee shall be completed in accordance with the
provisions of Sections 2.27 and 6.22 of this Ordinance.134
133 Consistent use of"Land-Disturbing Activity'.
114 Consistent reference to Performance Guarantee sections of UDO.
Orange County, North Carolina—Unified Development Ordinance Page 5-97
Article 5: Uses 93
Section 5.21: Standards for Miscellaneous Uses
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A Stormwater Management Plan (SMP)135 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 SMP.
(iii) Subdivisions that include Sstormwater Ceontrol Mmeasures
(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 Orange CGURty Er lion and coalmen+ G ntr i
almost current version of the North Carolina Administrative
Code Title 15A Chapter 4: Sedimentation Control, and the most
current version of the North Carolina Erosion and Sediment
Control Planning and Design Manual (NC Erosion Control
Manual).m^c+GUFFeRt n,f the North Q;rAl4n;; Crl,r 4nn ;;nd
spdoma t 12nntr„i Pl;;n,i., a.,rl nay,.n 136 n
8r�16e;
(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
"'Consistent use of"Stormwater Management Plan (SMP)"—NOTE. "Stormwater Management Plan"and
"SMP"is integrated through the remainder of Article 5, where applicable.
"I 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 94
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 runof 137 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.
13'Consistent use of"stormwater runoff'.
Orange County, North Carolina—Unified Development Ordinance Page 5-126
Article 6: Development Standards 95
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 EnViFG Fn8 t and Natural Rese FGGS Environmental Quality
N( CDEQ) 138
(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.
Zss Reflects current name of Department.
Orange County, North Carolina—Unified Development Ordinance Page 6-14
Article 6: Development Standards 96
Section 6.4: Performance Standards
(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:
(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 30,09025,000139 gallons
per day, 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.
iss Michael Harvey edit: 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 97
Section 6.7:Additional Standards for MPD-CD
(b) The acreage of each development lot/pod may be adjusted by up to
15%, provided the acreage of the entire development site remains the
same and a plat has not been approved for the property.
(2) Roadways &Access Points
(a) Shifts in the interior roadways/rights-of-ways shall be considered
permitted adjustments provided the following conditions are met:
(i) The roadway/right-of-way is moved less than 50 feet to either
side,
(ii) The roadway/right-of-way width remains the same, and
(iii) The roadway/right-of-way shift does not cause a change in the
location or design of any intersection with a roadway exterior to
the development.
(b) Shifts in the location of roadway access points interior of the
development shall be a permitted adjustment, provided the number of
access points remains consistent with the approved Master Plan and the
locations meet all separation requirements established within this
Ordinance.
(c) All points of access from roadways exterior to the development shall be
as approved on the Master Plan.
(3) Utilities
(a) Shifts in the location of utilities serving the development shall be a
permitted adjustment provided the changes are consistent with the
following:
(i) The proposed changes do not impact any perimeter buffers
and/or setbacks established on the Master Plan.
(ii) On-site stermwate"^ Stormwater Control Measures
SCMs 140 shown on the Master Plan that are considered part of
the buffer for incompatible uses, shall not be shifted more than
50 feet along the perimeter property boundary.
141 Stormwater management appurtenances are not restricted only to"stormwater ponds", replaced with
"Stormwater Control Measures(SCMs)"for proper terminology and UDC)consistency.
Orange County, North Carolina—Unified Development Ordinance Page 6-34
Article 6: Development Standards 98
Section 6.7:Additional Standards for MPD-CD
Figure 6.7.2.A: MPD-CD Permitted Utility Adjustments
Example
Plan — -�
I a
e
Shift<50'
I
0 o Approved Utility Approved Stormwater Pond
Permitted Utility Adjustment . Revised Stormwater Pond
Required Setback(Not Adjustable)
(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
Lland_Disturbing Activityclist„rbiR +,",+"141, 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
141"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 99
Section 6.8: Landscaping, Buffers&Tree Protection
(4) Consideration of lower cost and affordable housing shall be incorporated into any
mixed use development.
(5) A justification for any deviation to development standards must state a public
benefit or purpose.
(D) Plan Approvals
(1) If a MPD-CD rezoning application is approved with a Master Plan, the approval
does not obviate the need to obtain site plan approval for the individual
"pods"/lots shown on the Master Plan in accordance with the provisions of this
Ordinance.
(2) If any nonresidential use is located within two hundred feet of a property line of
an existing dwelling unit located on a lot smaller than 2 acres in size, an
appropriate Conditional District must be approved.. See Section 5.21.2 for
standards for uses requiring Conditional District approval.
(3) A site plan shall not be accepted by staff for review until the MPD-CD Master
Plan has been approved.
Section 6.8: LANDSCAPING, BUFFERS & TREE PROTECTION
6.8.1 Purpose and Intent
The standards of this section provide for the preservation of existing vegetation and for the
installation and maintenance of new vegetation and other landscape architectural features. The
purpose of these standards is to:
(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 stormwater142 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
141 Consistent reference to"stormwater runoff".
Orange County, North Carolina—Unified Development Ordinance Page 6-37
Article 6: Development Standards 100
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
Orange County, North Carolina—Unified Development Ordinance Page 6-49
Article 6: Development Standards 101
Section 6.8: Landscaping, Buffers&Tree Protection
as A letter Af Gredi+a erfermanGe h. Rd) S UffiGieRt to r 110 of the ir,�+ollorJ
IandSGaPiRg ^^S+c,submitted in accordance with Section 2.27 of this Ordinance, has been
pelted with the Plan ,iRg and InspeGtiGRs Departs eR approved.143
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.
143 Reference to new Section 2.27.
Orange County, North Carolina—Unified Development Ordinance Page 6-50
Article 6: Development Standards 102
Section 6.8: Landscaping, Buffers&Tree Protection
(8) Trees with a caliper of six inches or greater should be considered for
preservation.
(9) No grading for building or parking shall encroach upon required buffer.
(10) Landscape buffer widths may be reduced if the buffer material is adequate to
provide additional screening.
(11) Decorative walls may be used to augment required landscaping for buffer
reduction.
(12) Access and utility crossings are to be made as close to perpendicular as possible
to the length of the buffer.
(13) No land disturbanGes-Land-Disturbing Activities144 for buildings, parking, or
storage, drainage, etc. are permitted within a required buffer.
144 Consistent use of"Land-Disturbing Activity'.
Orange County, North Carolina—Unified Development Ordinance Page 6-51
Article 6: Development Standards 103
Section 6.13: Stream Buffers
Section 6.13: 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 Lland_Ddisturbing Aactivities 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 6-92
Article 6: Development Standards 104
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 Lland--Disturbing ActivitydiGt FbiRg aGtkAty 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 Lland-Disturbing Activities disturbing tivities 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 Lland-
Disturbing Activities
Orange County, North Carolina—Unified Development Ordinance Page 6-94
Article 6: Development Standards 105
Section 6.13: Stream Buffers
(3) The submittal of additional information and/or applications may be required prior
to any land-dirt ,rbiRg tivityLand-Disturbing Activity within a designated stream
buffer, in accordance with the provisions of this Ordinance.
(B) Additional Standards for Uses Allowa Allowable Uses With Mitigation
(1) Development proposals shall be submitted and reviewed in accordance with this
Ordinance and all applicable State regulations.
(2) Mitigation shall be provided in accordance with adopted State standards and
shall be approved and inspected by the Erosion Control Officer or his/her
designee.
(C) Uses-Allowable Uses
The following uses are allowed as a matter of right in stream buffers, subject to the
General Standards established in Section 6.13.6(A), and any specific standards for the
use:
(1) Above-ground and buried utility lines for local distribution of electricity, telephone,
data, and cable television service, as well as accessory and appurtenant
apparatus such as poles, guy wires, transformers and switching boxes.
(2) Individual or community wells.
(3) Public water and sewer lines are permitted only as allowed by the Orange
County Water and Sewer Policy, and may be located within stream buffers only
to the extent necessary to cross the stream buffer as closely as possible to
perpendicular. Individual or community wastewater disposal systems are not
permitted in stream buffers.
(4) Public and private streets, bridges, railroad rights-of-way, and other similar travel
ways, provided that they enter and exit the buffer area as nearly perpendicular as
possible.
(5) Archaeological activities/projects conducted in accordance with all applicable
County, State and Federal regulations.
(6) Dam/reservoir maintenance activities.
(7) Maintenance of existing outfalls provided they are managed to minimize the
sediment, nutrients, and other pollution that convey to waterbodies.
(8) Driveway crossings on single-family residential lots that disturb less than, or
equal to, 25 linear feet or 2,500 square feet of stream buffer.
(9) Greenways and/or hiking trails six feet in width composed of natural materials at
least 30 feet from the top of bank of a stream or water body.
(10) Historic preservation projects/activities.
(11) Periodic maintenance of modified natural streams, such as canals, and a
grassed travel way on one side of the surface water when alternative forms of
maintenance access are not practical.
(12) Public water and sewer lines that do not disturb over 40 linear feet.
(13) Stream restoration and/or stream bank stabilization.
(14) Wetland restoration, in accordance with all applicable County, State and Federal
regulations.
(15) Vegetation management, including but not limited to:
(a) Emergency fire control measures provided that topography is restored;
(b) Planting vegetation to enhance the riparian buffer;
Orange County, North Carolina—Unified Development Ordinance Page 6-95
Article 6: Development Standards 106
Section 6.13: Stream Buffers
(c) Pruning forest vegetation provided that the health and function of the
forest vegetation is not compromised and the pruning activity is
conducted by hand;
(d) Removal of individual trees which are in danger of causing damage to
dwellings, other structures or human life provided the activity is
conducted by hand; and
(e) Removal of poison ivy and other nuisance vegetation, including invasive
exotics, as identified by the NC Cooperative Extension.
(D) Uses Allowable With Mitigation
The following uses are allowable within stream buffers with mitigation, subject to the
standards established in Sections 6.13.6(A) and 6.13.6(B) above, as well as any specific
standards for the use:
(1) Water dependent structures, such as docks, piers, public and private boat ramps,
boat houses over the water, walkways, water recreational amenities, and other
similar uses.
(2) New drainage outfalls provided that a stormwater management
facmimt Control Measure (SCM)145 is installed to control nutrients and
attenuate flow before the conveyance discharges into the stream buffer.
(3) Driveway crossings on single-family residential lots that disturb less than, or
equal to 150 linear feet or 1/3 of an acre of stream buffer.
(4) Any driveway or roadway, whether for a single-family residence or a subdivision,
that is parallel to the stream or water body, regardless of cumulative impact.
(5) Greenways and/or hiking trails six feet in width, with improved paths (i.e. paved,
wood decking, etc.) at least 30 feet from the top of bank of a stream or water
body.
(6) Trail crossings, and associated bridge or other structure, provided they are
oriented perpendicular to the stream and constructed in accordance with best
management practices to minimize soil erosion and other adverse impacts to
water quality.
(7) Public water and sewer lines that disturb over 40 linear feet, but not greater than
150 linear feet of riparian buffer.
(8) Temporary roads intended for access to a property for development purpose.
(9) New stormwater m on+ n Stormwater Control Measure (SCM), with or
without a riparian buffer established adjacent to the SCM�d.146
(10) Vegetation Management that includes the installation of new vegetation and a
one-time application of fertilizer to re-establish the vegetation.
(11) Vegetation Management/ Replanting in an effort to protect existing structures.
6.13.7 Dispersed fuse Flow Requirement
(A) Disperseciffuse flow of stormwater147 runoff shall be maintained in the stream buffer by
dispersing concentrated flow and re-establishing vegetation.
(B) Concentrated stormwater runoff from new ditches or constructed conveyances shall be
converted to dispersed use flow before the stormwater runoff enters the stream buffer.
141 Consistent use of"Stormwater Control Measure(SCM)".
141 Consistent use of"Stormwater Control Measure(SCM)".
141 Consistent use of"stormwater runoff',typical.
Orange County, North Carolina—Unified Development Ordinance Page 6-96
Article 6: Development Standards 107
Section 6.14: Stormwater Management
(C) Periodic corrective action to restore dispersedf 4s_e flow shall be taken if necessary to
impede the formation of erosion gullies.
6.13.8 Land Disturbance and Planting of Vegetation
(A) Area within a stream buffer which is subject to serious erosion may be disturbed for the
purpose of planting and maintaining erosion-resistant vegetative cover.
(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 area increases,
causing a decrease in the rate at which stormwater runoff whiGh be absorbed into the soil.
This results in more additional148 stormwater runoff149 flowing directly into streams and other
water bodies. Because this additional15o direct stormwater runoff has not been filtered through
the soil, pollutants from the air and land surface enter streams and increase the potential for
pollution of hydrologically connected aquatic ecosystems and151 drinking water supplies.
6.14.2 Purpose
It has been determined that proper management of construction-related and post-development
stormwater runoff will minimize damage to public and private property and infrastructure:
safeguard the Dublic health, safety, and general welfare: and protect water and aquatic
resources.152 The purpose of the Board of County Commissioners in adopting stormwater
management 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.
safagi
�f County Commissioners in. adopting stormi.vater ma-flage.i.e.. regulations is to proted the
water quality of the streams that lie within Orange County by reducing and controlling storm
6.14.26.14.3 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.
141 Text correction—replaced "more"with "additional".
141 Consistent use of the term "stormwater runoff—NOTE: "storm water runoff"is integrated through the
remainder of Section 6.14, where applicable.
1so Text correction—added "additional".
1s1 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.
1sz This language was pulled directly from the Falls Lake Model Ordinance; provides greater context in Purpose.
This language was pulled diFeetly fFeFn the Falls Lake Model QFdinance; pFevides gFeateF eentext an PuFpese.
Orange County, North Carolina—Unified Development Ordinance Page 6-97
Article 6: Development Standards 108
Section 6.14: Stormwater Management
(B) Any jurisdiction-wide and/or inter-local approaches must be approved by the Orange
County Board of Commissioners, and the North Carolina154 Environmental Management
Commission before implementation.
6.14.36.14.4 General Methods
The following general approaches shall be utilized to minimize the effects of stormwater pollution
on hydrologically connected aquatic ecosystems and155 drinking water supplies in Orange
County:
(A) Non-Structural Ste-r- -mrrater Control Measures (SCMs)Methods116
(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-ef#Stormwater 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 F61R-of#stormwater runoff velocity
and volume, 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 Te^ esSystems157
(a) The benefits of infiltration tech„in, esInfiltration Systems include, but are
not limited to158:
(i) Removal of both suspended and dissolved pollutants,
(ii) They require less rnainto„a„^Relatively low maintenance
requirements,
(iii) They YedUGe flE)edi'^Flood reduction,
(iv) They„. „ etePromotion of groundwater recharge, and
"'Added "North Carolina".
"I 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.
"'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.
"'"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.
"I Text correction-added ", but not limited to".
Orange County, North Carolina-Unified Development Ordinance Page 6-98
Article 6: Development Standards 109
Section 6.14: Stormwater Management
(v) They help ma Rtai^Maintenance of stream flow during dry
periods.159
(b) Where on-site infiltr-a+ieR Metheds 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 designated160 for infiltration of run-offstormwater
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)
(1) 1611n cases where Ron StF61Gt Ural methods-non-structural mMethods may not
adequately control the stormwater runoff from the first ;n^h f generated by
the first 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 P4-9� factors such as so;', type, slep�
nr000r Ge of floodplaiRE; and ereclihle soilsthe presence of highly erodible soils,
impervious soils, steep slopes, and/or lack of vegetative cover, permanent
Stormwater Control Measures (SCMs�162, which capture stormwater runoff for
slow release through an controlled outlet, are required.
(2) Where required, SCMs shall be constructed in accordance with this Section.
(C) Impervious Surface and Detention Po SCM163 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.
614.46.14.5 Applicability
(A) The stormwater management 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' Land-Disturbing Activity164 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
1ss Text correction-grammar fixes within list.
161 Text correction-added "designated".
161 Section 6.14.4.E(1) re-formatted to improve reading clarity and fix grammar errors.
161"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.
"I Consistent use of SCM.
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 6-99
Article 6: Development Standards 110
Section 6.14: Stormwater Management
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
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.
6.14.56.14.6 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
Ordinance165 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 version166 of the North Carolina
Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062,
and the most current version 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) Proposedreposed new development may satisfy the review criteria standards of
this section using a Runoff Volume Match design approach (also referred to as a
Low Impact Development(LID)design approach) in conformance with 15A
NCAC 02H.1002 (44). If pursued, a Runoff Volume Match design approach must
include the use of the accounting methodologies approved by the North Carolina
Division of Energy, Mineral, and Land Resources (NCDEMLR).167
16s Consistent reference to"this Ordinance".
166 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual.
161 Section 6.14.6(A)5 has been updated to refer to the state's current use of the term "Runoff Volume Match",
rather than referencing the now outdated 2009 LID Guidebook.
Orange County, North Carolina—Unified Development Ordinance Page 6-100
Article 6: Development Standards 111
Section 6.14: Stormwater Management
(B) Additional Standards— Falls Lake Watershed
(1) In addition to the standards contained in Section 6.14.6 (A) of the UD9this
Ordinance168, development shall observe a no net increase in peak flow leaving
the site from predevelopment conditions for the 1 year, 24 hour, storm.
(2) Proposed new development using a Runoff Volume Match design approach for
satisfying stormwater management requirements must also include the
estimation of pre-development and post-development nutrient export rates (e.q.
Nitrogen and Phosphorous)for the proposed development, using the nutrient
accounting methodologies approved by the North Carolina Division of Water
Resources (NCDWR). Nutrient export estimates are required for Runoff Volume
Match record-keeping purposes.169
(C) Additional Standards—Jordan Lake Watershed
� �naa �o��a
0) IR a.dditiOR to the standards GGRtaiRed OR SeGtien F 1n 6 (A) of the I Inn!bk
fdiRaP,Ge47-0 development shall abode by 15 A NGAG 02H 1002 inns 171
ti
6.14.66.14.7 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
(B) The nutrient export from each new development shall be calculated in pounds per acre
per year(using the approved accounting tools172) in accordance with the methodologies
approved by the North Carolina Division of Water Resources (NCDWR).173
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install sterrnwateF,.GRtFGI
rReasures (SCnn&)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
16s Consistent reference to"this Ordinance".
"I Required per the state's most current Neuse-Tar-Pamlico Rules.
Consistent reference to "this 9rd-inance".
171 Section 6.14.6(C) is no longer needed, as the allowable use of"Runoff Volume Match" methodology applies to
both the Falls Lake Watershed and the Jordan Lake Watershed, as specified in revised Section 6.14.6(A).
171 Text correction—added "s".
171 Revised to refer to NCDWR for approved nutrient accounting tools, rather than NCDEQ.
Orange County, North Carolina—Unified Development Ordinance Page 6-101
Article 6: Development Standards 112
Section 6.14: Stormwater Management
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 14, approved private mitigation bank, or other mitigation option as
approved by the NCDEQ and Orange County. It is the policy of the15 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 Practices176
(1) Allowable on-site stormwater control measuros (SCMs) SCMs for nutrient
reduction shall include those listed in the most current version"'of the North
Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through
.1062, and the most current version of the NCDEQ Stormwater Design Manual.
(2) Design, maintenance and operation of stermwater 178SCMs shall follow
standards provided in the most current version19 of the North Carolina
Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062,
and the most current version 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 toolslso
174 Text correction—added "(DMS)".
17s Text correction—added "the".
"'"Best Management Practices"deleted so as to avoid confusion with superseded BMP terminology.
17 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual.
171 Text correction—deleted "stormwater".
171 Consistent reference to"most current versions"of Subchapter 02H and the NCDEQ Stormwater Design Manual.
181 Text correction—added "s".
Orange County, North Carolina—Unified Development Ordinance Page 6-102
Article 6: Development Standards 113
Section 6.14: Stormwater Management
6.14.76.14.8 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 rvurre.pt ^,^n444 of the NGDF=Q et,,, ;watef
Design Mangy aI 182
(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.
6.14.86.14.9 Stormwater Management Plan (SMP1183
(A) Required Approval
The Erosion Control Officer shall not issue anypermits-Land Disturbing Permits
LDPs 184 for new development on any land within Orange County subject to the
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 Ster,, water Management pop MP
shall be deemed in violation of this Ordinance.
(C) Enforceable Restriction
Approval of the Stormwater Management p4R MP 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 Stormwater Management pl nSMP.
C_.A_.n_ri,_#P_.nt reference tn- ".mest current versiens"ef&-i-hchapter 02H and the NCDEQ Stermwater Design Manual
1sz Reference to 15A NCAC 02H .1002 (44) is sufficient.
"'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.
114"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 6-103
Article 6: Development Standards 114
Section 6.14: Stormwater Management
6.14.96.14.10 Operation and Maintenance of Stormwater Control Measures (SCMs)
(A) P^ rPerformance GuaranteesFd^-a^^da' SeGu Pity for SCMs185
See Sec+inn 6 22 of+his Ord-inaginrGe fer R-GI\A s+anrdarrds a-t &Approval of the SMP
shall be conditioned on the posting of an SCM Performance Guarantee in accordance
with Section 6.22 of this Ordinance187 adequate financial a e for purpose of
if SCM construction is applicable. maintenance repairs or
reconstruction necessary for adequate performance. Financial assurance shall be On the
form of on
e
of the follo\e/In 4"
/�_ ) Se^cu it`y'-fo GGR.EAFUGt+GR of-P-cequiiped Irirp ^ovemeRsS189
(a) The permit applicant shall p eyide one of the following as suFet y forr the
cnmple+inn of required improvements:
A perfA_.r;,a.nee bend from asure#y-bending GeMpaRy o,,+herized
to do business in Nnr+h f arelino
�AR TeVOGablC letter�frEre�-red er ether rS-trurfnr read'!
cenyertible in+e nosh at form value payable to orange County
8F�
Gash plaGedoneSsro1.,i.q'th a finonGiall institution deSrignated-sirs
an depesitery ef Grange County-.
The -hHtitFt.r A-iher irrStr-_,. repTSh'lcrll be-in an 1.25
amount-equal +-ar too-r-
times the total ono+of the SGM as estimated by the applicant
and approved by the C9 Into Engineer.
/j-r Total roost
a The total cost of the SCM shall include the following:
iThe value of all materials s Uch a piping and
other s+n icfi gyres•
H. Seeding anrd soil stabilization;
M. Design and a Rg; and,
iv. Grading a a+ien fill etc
b The costs f th�_(3�_fir_e SC o shall not be rn_ r� a�
C,, larger project but shall he costed as a separate project
Failu
re ilurre to-EreFfE)Fm4-94
a. Upon default of the permit applicant to complete and/nr
maintain the SCM as spelled out in the performance
bond or other security, the County may obtain and use
1ss Clarification that posting of financial security is specific to"SCMs"only.
386 RPfPr..nrP tR n r,tjnn
18.Reference to new Section 6.22.
ass
SECTION)-
SCM Performance Guarantee requirements have been moved to Section 6.22(NEW SECTION).
Orange County, North Carolina—Unified Development Ordinance Page 6-104
Article 6: Development Standards 115
Section 6.14: Stormwater Management
all o aRy or+ion of the funds n y+o c ple+e+he
eng
T1
i d+m nroyem en+s base o estimate
The R�ovi_cra rd shall return any funds not spent in_comp eting the
im nrnyeme its to the owning entity.
`2) Security for Maintenance of Required Imnroyemen+�192
(a) permit applicant shall deposit with Orange County eithercash rash o
other instrument approved by the County Attorney that is readily
convertible into cash at face value.
(bb) The Gasher seGurrit-y shall he inaR n+ 5% of the +e+al E6st
of the SCM er the estimated cos+of maintaining the SCM ever a ten yea
period whichever is eater
Estimated MaiRieeaneeCosts
a The estimatod cos+of maintaining the crop shall he
censis+en+with the a yed+ operation and+ m n+ena nce
plan or manual provided by the developer under Sect'np
a 1n 1n/Qv2\
b. The ntshall he c mpu ter+ by a a+ingth�_y`
maintenance cost for 25 dears and multiplying this
amount by two fifths or 0.4-
(G) Failure to-Pe4orm
Upon ref-Al-lit of the GWRing entity+e maintain, repair Rd if
necessary, r ��ns+rc++he SGNA in d+erance with +he �
operation and Maintenance Agreement the f oUn+y shall ebtain
and use all oaRy or+ion of the cash s UritY+e make ReGessar
Imnrp\yements based oeRgiReeFiRgestimate
! Such expenditures of funds_fu�_�au nd s shall only he made after ev s+i"ndv
"t�y to`� �all other reasonable remedies seeking the owning enf
comply with the terms and conditions of the Operations and
Maintenance Agreement
The County not return any of the deposited cash f'�.unddJ&-.
(B) SCM191 Maintenance and Upkeep
(1) SCM19a Operation and Maintenance Agreement (OMA)195
(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 agree rent OMA must include the following:
(i) Completed OMA cover sheet template as provided by the
Erosion Control Officer,196
192 Staff recommendation is 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 proper long-term fund management is
extremely problematic.
ie3 Clarification that Maintenance and Upkeep is specific to"SCMs"only.
iea Clarification that Operation and Maintenance Agreement is specific to"SCMs" only.
"'Added the appropriate acronym for SCM Operation and Maintenance Agreement(OMA)-NOTE: "OMA"is
incorporated through the remainder of Section 6.14, where applicable.
"I Sub-section added to reflect the need to include Orange County's cover sheet for SCM Operation and
Maintenance Agreements.
Orange County, North Carolina-Unified Development Ordinance Page 6-105
Article 6: Development Standards 116
Section 6.14: Stormwater Management
(+ ii Name and address of the person or organization financially
responsible for paying the a15-year SCM197 inspection fee,-,
(a+) iii Name(s) and address(es) of all parties to whom a copy of the
annual SCM inspection report should go:;
R iv Name and address of the person or organization financially
responsible for all maintenance specified in the annual SCM
inspection report,��
(v) Emergency contact information.. and
{iv)(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".198
(c) The Agr^ :ReRt OMA shall require the owning entity to maintain, repair
and, if necessary, reconstruct the SCM in accordance with the ap8Fat'GR
and management plan or manual prepared by the developerapproved
SMP.199
(d) The Operations and Maiptepapge AgreeMeptOMA shall be signed-
notarized,and f+4ed200recorded201 with the Orange County Register of
Deeds.
(e) 2021n r oi.+ential o h.Ji„ioigp� ,.,Where a single entity(such as a
homeowners association)a uemeewner�� °��g^;^+;^^will be assuming
responsibility for all permanent SCMs, but has not vet been formed at the
time of OMA recordation by the owning entity, a signed and notarized
u^n,^^lAfn^ - Association Notification will he r ;ro,+ and-a revised
OMAma,ntenange agreement must be submitted for subsequent
recordation at the Orange County Register of Deeds after the association
is formed2o3 Thin Must he giyep to the The recorded version of the
revised204 OMA must be submitted to the Orange County Planning
Department before the Land D;ES+„rh;n^ Dorm;+LDP may be closed, and
before any remaining SCM Performance Guarantee funds construction
bond held on the permanent SGIVIS may be released.
(f) The owner of each SCM, whether en^;neered or non engineered'205 shall
maintain it-the SCM206 so as not to create or result in a nuisance
condition.
197 Correct reference to the 5-year SCM inspection fee. Orange County does not enforce annual SCM inspection
fees.
198 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.
199 Sub-section revised to correctly indicate that SCMs must be reconstructed in accordance with the approved
SMP.
zoo Edit(s) based on Legal Sufficiency Review comments.
'0'Clarification that SCM Operation and Maintenance Agreement must be recorded.
'0'Sub-section revised to clarify the correct requirements for Associations that are not yet formed at time of OMA
recordation.
'0'Edit(s) based on Legal Sufficiency Review comments
zoo Edit(s) based on Legal Sufficiency Review comments
101 An SCM is inherently engineered.
zee Clarification that the"SCM"shall be maintained.
Orange County, North Carolina—Unified Development Ordinance Page 6-106
Article 6: Development Standards 117
Section 6.14: Stormwater Management
(g) Every eRgiReered 207SCM installed pursuant to this Ordinance shall be
made accessible for adequate maintenance and repair by an SCM208
maintenance easement. The SCM maintenance209 easement shall be
recorded at the Orange County Register of DeedS210 and its-the211 terms
shall specify who make use of the SCM maintenance212 easement and
for what purposes.
(h) The owner of each engineered 213SCM shall keep records of SCM214
inspections, maintenanceS215, and repairs and shall submit the same
upon reasonable request to the Erosion Control Officer.
(2) SCM216 Operation and Maintenance Plan OMP 217
(a) 218An SCM Operation and Maintenance Plan (OMP)eperatien and
maintenance plan or maRua4 shall be provided by the d^vr_owning
entity219 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
each SGIVI indi^a+in^ the following:
(i) What SCM220 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
Operations rnd Maintenance Anreemen+OMA.
(b) 221The standard maintenance nlanOMP shall specifically address, but is
not limited to:
(i) A R Y M Ge YJ R,Mowing of permanent vegetation,
(ii) Any rernGva[Removal of woody vegetation (e.g. bushes, shrubs
and treed from the clam of a wet de+en+,en nenrtany dam
and/or222 berm structures,
(iii) Reseeding of any eroding areas of the wet detention ponds
open channel practices, an ripari buffers, and vegetated filter
&t q v,
(iv) Replacementing of impaired vegetation on a construc+e rl
wetlands or riparian buffer,
201 An SCM is inherently engineered.
101 Clarification that SCM maintenance easements are specific to"SCMs" only.
201 Clarification that SCM maintenance easements are specific to"SCMs" only.
"I Clarification that SCM maintenance easements must be recorded at Orange County Register of Deeds.
211 Text correction—replaced "its"with "the".
212 Clarification that SCM maintenance easements are specific to"SCMs" only.
2"An SCM is inherently engineered.
214 Clarification that records are specific to"SCMs"only.
Zls Text correction—deleted "s".
216 Clarification that SCM Operation and Maintenance Plan is specific to"SCMs" only.
"'Added the appropriate acronym for SCM Operation and Maintenance Plan (OMP)—NOTE: "OMP"is
incorporated through the remainder of Section 6.14, where applicable.
211 Sub-section revised to clarify the correct requirements for the SCM Operation and Maintenance Plan;cross-
reference to the appropriate Ordinance section provided.
211 Consistent use of"owning entity".
121 Clarification that operation and maintenance actions are specific to"SCMs"only.
221 Sub-section revised to fix grammar errors and improve reading clarity.
222 Edit(s) based on Legal Sufficiency Review comments
Orange County, North Carolina—Unified Development Ordinance Page 6-107
Article 6: Development Standards 118
Section 6.14: Stormwater Management
(v) Removal of sediment and/or debris from the `crash ra^ck' on any
�Afet,+o+on+ion nonrd „ and fil+orinlet and outlet channels, inlet
and outlet pipes, forebays, trash racks, and riser or barrel
structures223, and
(vi) Repair of any damage/deterioration to structural aspects of wet
rdo+on+ir.n nr.n.ds s ns+r„s+ord ,.,o+Ian.Js levelspreaders, anrd
sand f,.tl+orsthe SCM.
(c) The Plan OMP shall clearly indicate the steps that will be taken for
restoring a SCM to its design specifications if an SCM224 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 functionality225 of the Gentrel s+r,,,ti SCM is
diminished or threatened, or to the extent of interfering with any
easement or access to the SCM.
(4) SCM221 Repair or Reconstruction
(a) Except for general landscaping and grounds maintenance, the owning
entity shall notify the-Orange227 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 SCM228
improvements.
(c) All SCM229 improvements shall be made consistent with the approved
Nplans and specifications of the SCM and the operations and
maintenance plan or mane aISMP, the approved OMA, and the approved
OM P.23o
(C)inspections and Release of eSu'reties231
0) County Inspestien and Reviews
(a'a)__ the SCM shall ho inspected by fho �Dsien Control Officer, after the
vvrvr u.rAc-rrT av� �-r�-
+ity +ifia /h that k has Ieted. t this
ewnm�e�rir�-rvcrrrcSiyiiiirrrer�rru n-=vvv,=rrr�u rirpr —rca-crrt
I nspeGtVln the ewning entity shall n virda•
a. The signed .door! related easements suwey plat fe
the crnn roach,fGF filing with the QraRge GO Un+c,
Register Gf hoards• and
223 Edit(s) based on Legal Sufficiency Review comments
224 Clarification that this sub-section is referencing an "SCM"failure.
22'Text correction—added "or functionality".
221 Clarification that this sub-section is referencing"SCM" repair or reconstruction.
22'Consistent reference to"Orange County".
221 Clarification that improvements are specific to"SCMs"only.
221 Clarification that improvements are specific to"SCMs"only.
231 Clarification of SCM repair or reconstruction requirements.
231 SCM Performance Guarantee requirements have been moved to Section 6.22(NEW SECTION).
Orange County, North Carolina—Unified Development Ordinance Page 6-108
Article 6: Development Standards 119
Section 6.14: Stormwater Management
A ee#;neapsealed by a rr eR g i R eer er!aRassa pe aFG h hest
the exteR++ho G—e—ne-ral Statute, Cheater 89A, allow) o+o+inn
thatthat thethe detedetention pond is complete and consistent with the plans
and specificat'eps
(b) if the_r project passes inspection and the Epesiep Gran+rol Officer aGoepts
the certification deed and easements he/she shall file the deed and
easements with the (bonne County Register of Heeds release p to
750% of the value of the performance bond or other security and issue a
Watershed Protection Compliance Permit for the SCM 232
(G) if dies are fog end the EFGSiGp CvG,-t"r^GI vffiGGF shallreGt that the
necessa pi im en+s he merle apd/er doc6 amens c ec+ed and
r2Stl ted for oval. I POP GOmppletjn the im en+� shall
re_inspeGted UP
(2) Watershed Protection o„Compliance Permit Required Prior to Occupancy
No Building Permit or Certificate of Occupancy may he issued in the absence of
a valid Watershed Protection Compliance Permit
(T3) Releaseae veGU ity
(a) No sooner than one year after the filing date of the deed' easem�.�.�eg�_ts_andd
maintenance agreement the developer may petition the Board of Count!,
Commissioners to release the remaining value of the performance hnnd
or ethers W
/hob) Upon reseipefsaid petite Ere ' n Centre! nffiEer shall the
SUM +o determine whether the Gen+rely a performing as designed apd
in+ended
rrccrlvccr
(G) The €rosie.n r--A-.ntrA-.' r shall present he petition, inspestien reps
and r enda+ions+e the Roard of County Gemmissioners
/damBoard of County Cnmmi�iro n�_��grr� ReeymeoP�ni
/i if the Board of County Commissioners ap oyes the report accepts the petition the developer shall deposit with Orange
County a cash amount equal to that described On Section
R 1/1 1 O(C)(5) after which the Board of County Commissioners
shell release the performance bond or other security.
�if the Rnard of Cn -Rty Cnmmissteners dees not aesept the reps
and rejects the pe+i+ion it shall p vide the developer with
ins+rUctiens +o c ec+ any deficiencies and all steps n
eGessar
for the release of the performance hoed o other security.
(4)(5) Annual SCM233 Inspection Required
(a) All SCMs shall be inspected by the owning entity at least on an annual
basis to determine whether the contr�nrrols arcls aareSCM iS234 performing as
designed and intended.
(b) Records of inspections shall be submitted annually to the Erosion
Control Officer on forms approved by Orange County.
233 Clarification that an annual inspection of the"SCM" is required.
114 Reference to the"SCM" rather than "controls".
Orange County, North Carolina-Unified Development Ordinance Page 6-109
Article 6: Development Standards 120
Section 6.14: Stormwater Management
(c) Annual inspections shall begin within one year of the filing date of+he
deed for the crnn.issuance of the Certificate of Stormwater Compliance
for the SCM.235
(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 SCM236 improvements
and the date by which the corrective action is to be completed. All
SCM237 improvements shall be made consistent with the plaRs and
speE�Ga+ien .,f+hethe s+^rm��ia+^r^r n+r^I s+n ^+ re anr! the nnera+inn and
main+enanr.e plan o maRua4approved SMP and the approved OMA.23s
After notification by the owning entity, the Erosion Control Officer shall
inspect and approve the completed SCM239 improvements.
WLq A u t 5-year SCM241 Maintenance Inspection Fee
(a) The€ee 5-year SCM maintenance inspection fee for the first 5-year
ep riod241 shall be paid before:
(i) The release of any Final Certificate of QG i f.,r NIA,
Residential Proper fie issuance of the Certificate of Stormwater
Compliance for the SCM.242
(ii) The release of the cons+n is+ien henrl for Residential or Non-
Residential Proper releaseof up to 75% of the value of the
SCM Rerfr,rmanr.e G„aran+e^Performance Guarantee.243
(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 aRRual 5-year SCM244 inspection.
(c) Failure to pay the Annual neain+enan^e lnsneGtien Fee5-year SCM
maintenance inspection fee shall be deemed a violation of this
Ordinance.
6.14.186.14.11 Amendments to Approved Plans and a^eGifiGationsSCiMS241
(A) Minor Amendments to Approved SCM246 Plans and Specifications
215 Clarification of requirements.
236 Clarification that this is referencing"SCM" improvements.
"I Clarification that this is referencing"SCM" improvements.
211 Clarification of requirements.
211 Clarification that this is referencing"SCM" improvements.
241 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.
242 Clarification of requirements.
241 Clarification of requirements.
244 Clarification of requirements.
245 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".
146 Clarification that this sub-section is referencing"Approved SCM" Plans and Specifications.
Orange County, North Carolina—Unified Development Ordinance Page 6-110
Article 6: Development Standards 121
Section 6.14: Stormwater Management
(1) Amendments Minor amendments to the approved SCM plans and specifications
shallef the erne and/Pr then ration and m intenanne plan or manual ma„247 be
approved by the Erosion Control Officer, provided that the proposed248 changes
do not involve a change in the type of the SCM, a change in the location of the
SCM, or an SCM area/volume&4e increase greater than 50% of the approved
SCM area/volume or location of the otn infi lre 24s
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect(to the extent that th---General Statutes Chapter
89A, allows)250 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 nentrel Str„nt„reSCM shall file sealed
copies of the revisions with the Erosion Control Officer.
(b) If the Erosion Control Officer disapproves the proposed251 changes, the
proposal shall �52 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 anowning entity25s
(c) The Erosion Control Officer shall report any such revisions to the Board
of County Commissioners at the next available business
meetin,ff Planning Director.
(B) Major Amendments to Approved SCM214 Plans and Specifications
(f) Amendments to theMaior amendments to the approved SCM plans and
specifications of the crnn and/er then ration apd m wtepanne plan, or rnaRual
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 shallsize nr'E)Gatien of the ,;tr--rt .Fe ma„2s5 be approved by the
Board of CountyPlanning Director256 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, allows257) and submitted to and reviewed by the Erosion Control Officer.
(3) Planning Director Review258
(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.
2"Edit(s) based on Legal Sufficiency Review comments
gas Text correction—added "proposed".
zas Clarification of requirements.
Zso Text corrections.
Zs1 Text correction—added "proposed".
212 Edit(s) based on Legal Sufficiency Review comments
213 Consistent use of"owning entity".
211 Clarification that this sub-section is referencing"Approved SCM" Plans and Specifications.
21s Edit(s) based on Legal Sufficiency Review comments
zse Consistency with current state law and Model Ordinances.
Zs7 Text corrections.
zss Clarification of requirements.
Orange County, North Carolina—Unified Development Ordinance Page 6-111
Article 6: Development Standards 122
Section 6.14: Stormwater Management
(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.
(C) Revision of Plans Found to he Inaden Approved SCM Operation and
Maintenance Agreement (OMA)211
If the-Seu tythe Erosion Control Officer finds that the ^^eratiGR an,+ ... i n t n
or manuaISCM Operation and Maintenance Agreement(OMA) is inadequate for any
reason260, the owning entity shall be notified by the Erosion Control Officer of any
required changes and shall prepare and f4erecord? ' lea revised agreemeRt
OMA with the Orange County Register of Deeds_ the Er^cO^^ Gp_.Itlr i Off;p-er, and the
The revised OMA shall be submitted to the Erosion Control Officer for
review and approval prior to recordation by the owning entity.262
6.14.116.14.12 Stormwater Discharges
(A) Applicability
The regulations contained herein shall be applicable to all new development and existing
projects within t#_-0range263 County's 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,
211 Clarification of requirements—this sub-section had been erroneously titled.
2"Edit(s) based on Legal Sufficiency Review comments, deleted "due to proposed changes to the SCM".
261 Edit(s) based on Legal Sufficiency Review comments.
262 Clarification of requirements.
263 Consistent reference to"Orange County".
Orange County, North Carolina—Unified Development Ordinance Page 6-112
Article 6: Development Standards 123
Section 6.14: Stormwater Management
(9) Uncontaminated air conditioning condensation,
(10) Irrigation water,
(11) Springs,
(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) Fif;ghtingFirefighting 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,
Orange County, North Carolina—Unified Development Ordinance Page 6-113
Article 6: Development Standards 124
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(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 Responsible
P--ersenParty264) has information of any known or suspected release of
materials which are
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 Financially Responsible Person
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 Financially
Responsible P-e-�Party 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 Financially
Responsible Pe�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 Orange265 County within three business days of the
discharge.
(e) Notification shall not relieve the Financially Responsible 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-_Orange266
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
drainagewaysdrainage ways,
(vi) Inhibit flooding, and
261 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.
261 Consistent reference to"Orange County".
266 Consistent reference to"Orange County".
261 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 6-115
Article 6: Development Standards 125
Section 6.15: Soil Erosion and Sedimentation Control266F
(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 Plancorncinn
and sedmmeRta+, n G n+r„H AanErosion and Sedimentation Control
Plans268 for all activities which may adversely affect the University Lake,
Cane Creek, and Upper Eno Watersheds.
0) 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-,Gg269 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.270
(B) It shall be unlawful, within the jurisdiction of this Section, to engage in land disturbing
aGti Activity, except as provided herein, without first obtaining a permit
Land Disturbing Permit(LDP)271 as required by this Section and without complying with
the conditions of the issuance of said permitLDP.
(C) Any person engaged in land-disturbing activities who fails to file a for an
LDP272 in accordance with this Ordinance, or who conducts a land dosturbon
a ti AyLand-Disturbing Activity except in accordance with provisions of an approved plea
LDP shall be deemed in violation of this Ordinance.
6.15.3 Erosion Control Standards
(A) Orange County Erosion Contro1273 Standards
Requirements, standards, and specifications for erosion Gentrel planseresion and
sedOM8Rtat'GR ,.GRtF„l nlaRErosion and Sedimentation Control Plans274 and erosion
control techniques, measures, and devices are contained in the
most current version of tithe North Carolina
Administrative Code Title 15A Chapter 4: Sedimentation Control, and the most current
version of the North Carolina Erosion and Sediment Control Planning and Design Manual
261 Consistent use of"Erosion and Sedimentation Control Plans".
zes Deleted "soil".
270 Revised per NCDEQ peer review comment.
2'1"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.
212 Clarification of requirements.
211 Clarification that this sub-section is specific to"Orange County erosion control standards"
174 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 6-117
Article 6: Development Standards 126
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(NC Erosion Control Manual)275 Copies of the Manual a available from the Er smen
f`Antrnl n„ mpmA, Af the GraRge GE) my Planning & InspeGtions Dep rf. ent 276
(B) Revisions to t#e Orange County Erosion Control27 Standards
Corrections, revisions, and amendments to the Soil Erosion and Sediment Control
Manua!Orange County erosion control standards278 shall be made upon recommendation
of the Erosion Control Office r_-and-approval by the Planning Director, and approval by
the279 Orange County Board of Commissioners.
(C) Consistency Between Ordinance and Orange County Erosion Control280 Standards
Nothing in this Section shall be construed to allow approval of a--ph-+Rgn 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, including the production and activities relating or incidental to the production of
crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry,
and all other forms of agriculture281 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) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules or
goats, including the breeding and grazing of any or all such animals;
(5) Bees and apiary products,;a-Rd
(6) Fur producing animals, and
(6)(7) Mulch, ornamental plants, and other horticultural products. For purposes of this
section, "mulch" means substances composed primarily of plant remains or
mixtures of such substances.282
(B) Forestland
211 Correct reference to North Carolina Administrative Code Title 15A Chapter 4 and the Erosion and the 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.
"I The Division does not provide copies of the Manual to the public,this statement has been deleted.
27 Clarification that this sub-section is specific to"Orange County erosion control standards".
278 Clarification that this sub-section is specific to"Orange County erosion control standards".
279 Planning Director approval of"Orange County erosion control standards" is needed prior to BOCC approval.
281 Clarification that this sub-section is specific to"Orange County erosion control standards".
"I Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.; revised per NCDEQ peer
review comment.
2s2 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
Orange County, North Carolina—Unified Development Ordinance Page 6-118
Article 6: Development Standards 127
Section 6.15: Soil Erosion and Sedimentation Control266F
(1) Activities undertaken on forestland for the production and harvesting of timber
and timber products and conducted in accordance with standards defined by
thebest management practices cot out ;n Forest Practice Guidelines Related to
Water Quality(Best Management Practices), as adopted by the North Carolina
Department of Agriculture and Consumer Services.283
(2) If land disturbing activit„Land-Disturbing Activity undertaken on forestland for the
production and harvesting of timber and timber products is not conducted in
accordance with standards defined by the 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.284
(C) Mining
Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter
74 of the General Statues.
(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.
(E) An activity which is essential to protect human life during an emergency.
(F) Activities undertaken to restore the wetland functions of converted wetlands to provide
compensatory mitigation to offset impacts permitted under Section 404 of the Clean
Water Act.
(E)(G) Activities undertaken pursuant to Natural Resources Conservation Service standards to
restore the wetlands functions of converted wetlands as defined in Title 7 Code of
Federal Regulations Section 12.2.285
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 Activityfes shall take all reasonable
measures to protect all public and private property from damage by such
act' ffiesLand-Disturbing Activity.
(2) The disposal of trees, limbs, stumps and construction debris associated with the
aGt,",t'GS land disturbing a tN4yLand-Disturbinq 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
z83 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
z84 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
z8s Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
Orange County, North Carolina—Unified Development Ordinance Page 6-119
Article 6: Development Standards 128
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(1) 286At least 30 days priorPrier to the commencement of any land-dist rbiR^
ayLand-Disturbing Activity that will result in the uncovering of more than
20,000 square feet of land, the person(s) conducting the land-disturbing
a yLand-Disturbinq Activity must prepare and submit an Erosion er9s'^^ a44
Erosion and Sedimentation Control Planlae
for the proposed site.
(2) The Erosion and Sedimentation Control
Plane-tan 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 er^S'^^ and sed'm^^+^+,^n Ggn re �Erosion and Sedimentation Control
PlanPlan must be approved and a Land Disturbing oo ,,,;+an LDP obtained prior
to the start of the dosturbanGeLand-Disturbing Activity.
6.15.6 General Requirements for University Lake, Cane Creek, and Upper Eno Watersheds
(A) Protection of Property
(1) PersonjSJ287 conducting Iand disturbing a^+,„;+„Land-Disturbing Activity shall take
all reasonable measures to protect all public and private property from damage
by such ^ eLand-Disturbinq 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.288
(3) This requirement shall apply to any areas to be disturbed, regardless of the size
of the area to be uncovered.289
(2) This requirement shall apply to any area to be-dls+��urbe
(B) Erosion and Sedimentation Control Plan Requirement
(1) Except as otherwise provided in Section 6.15.6(C)of this Ordinance 290, an
Erosion and Sedimentation Control Plan shall be 291filed with and
approved by the Erosion Control Division at least 30 days292 prior to the
commencement of any land disturbiRg +,",+„Land-Disturbing Activity within the
University Lake, Cane Creek, and Upper Eno Watersheds.
(2) The erosion and sedimentation control Plan Erosion and Sedimentation Control
Plan 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 a^+„a+„Land-Disturbing Activity
need not submit an Eres'en eresmen and sedi P_.nta+;^n C-^n+r^l PlaRErosion and
Sedimentation Control Plan if such person obtains an �r^RO^n ^r^Ri^^ an
sedome tat'e, Control Pla Erosion and Sedimentation Control Plan
Waiver-waiver from the Erosion Control Division.
(2) An application for this waiver shall be submitted to the Erosion Control Officer
and shall contain the following:
2"Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
287 Text correction—added parenthesis for consistency with previous sub-section.
288 Added Item 2 and Item 3 for consistency with Section 6.15.5 (A)of this Ordinance.
289 Added Item 2 and Item 3 for consistency with Section 6.15.5 (A)of this Ordinance.
291 Consistent reference to"this Ordinance".
211 Text correction—deleted "prepared and".
"I Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
Orange County, North Carolina—Unified Development Ordinance Page 6-120
Article 6: Development Standards 129
Section 6.15: Soil Erosion and Sedimentation Control266F
(a) The name, address, and phone number of the developer and owner,
(b) A description and drawing of the proposed development or aGtiVit
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
P4anErosion and Sedimentation Control Plan Waiver waiver if he/she finds the
following:
(a) The land disturbing tivit„Land-Disturbinq Activity will not result in the
uncovering of more than 10,000 square feet; and
(b) The land disturbing tivityLand-Disturbinq 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 tivit.Land-Disturbinq Activity will not:
(i) Significantly increase or decrease the rate or volume of surface
water runoff;
(ii) Significantly contribute to the degradation of water runoff;
(iii) Have a significant adverse impact on a wetland, watercourse, or
water supply reservoir;
(iv) Occur within a buffer area circumscribing a water supply
reservoirs;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 eresiO^ and sedimentation ,ontr l planErosion 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 mitigative-mitigation293
measures are to be taken to protect those areas.
(2) Plan for Erosion Control
z93 Text correction-replaced "mitigative"with "mitigation".
Orange County, North Carolina—Unified Development Ordinance Page 6-121
Article 6: Development Standards 130
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(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 Soo!
Cresion and Sediment Control Manual and the North Carolina Ernsinn
and Sediment(control Planning and Designthe most current version of
North Carolina Administrative Code Title 15A Chapter 4: Sedimentation
Control, and the most current version of the294 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 timetime specified in North Carolina General Statute 113A-
57, the most current version of North Carolina Administrative Code Title 15A
Chapter 4: Sedimentation Control, or as directed by the Erosion Control
Officer.-295
(5) Control SurfaGe WaterUp_ rade211 Stormwater Runoff297
Surface waterStormwater runoff 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-Site298 Stormwater Runoff
When the increase in the pooh rotes and velocity of storm water runoff resulting
from a land_disturbing activity is sufficient to cause accelerated erosion of the
shall include measures to control the VeIGGity and the rate- Of FP_Walse at the PE)*Rt
of discharge so as to minimize accelerated e.ernsnp of the site and increased
sedimentation of the stream The Erosion and Sedimentation Control Plan shall
be designed so that any increase in velocitV and/or volume of stormwater runoff
resulting from a Land-Disturbing Activity will not result in accelerated erosion of
the receiving stormwater conveyance or at the point of discharge. The Erosion
and Sedimentation Control Plan shall include measures to prevent accelerated
erosion within the project boundary and at the point of discharge.299
(8) Open Burning
The er^s;i^p and GGRtFnl PlanErosion and Sedimentation Control
Plan shallee4d300 specify the method of disposal of trees, limbs, stumps and
294 Consistent reference to"most current version"of North Carolina Administrative Code and the NC Erosion
Control Manual.
21'Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
21'Text correction—added "Upgrade"so as to differentiate this sub-section from Section 6.15.7(A)(7).
291 Consistent use of"stormwater runoff"—NOTE: "storm water runoff"is integrated through the remainder of
Section 6.15, where applicable.
29S Text correction—added "On-Site"so as to differentiate this sub-section from Section 6.15.7(A) (5).
299 Revised to reflect the most current version of NCDEQ's model ordinance for E&SC.
101 Text correction—grammar fix.
Orange County, North Carolina—Unified Development Ordinance Page 6-122
Article 6: Development Standards 131
Section 6.15: Soil Erosion and Sedimentation Contro1266F
construction debris associated with the ae#+vityLand-Disturbinq Activitv; which
shall be by some method other than open burning.
(B) Mandatory Design and Performance Standards for Land-Disturbing Activity
No land disturbing actiyityLand-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 diStUFbiRg aGtivityLqnd-_Qisturbinq Activity during period ^f
301shall 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 'and_disturbing
aGtiVit&and-Disturbinq Activitv.
(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.
(E) WiMeF.s Classified $-Tr +Waters by yimRm +aI�_Management
�' �-v'c�a-rrucE4' �-n vrrrrreF�
r'gmm*G64gR302
vrr
(2) Waters that have been ^ass#Tedas trout aters by the Environmental
Management f`ommission shall have a undisturbed buffer zone 25 feet
wide or of SUfficient width to confine visible siltation within the 25% of the
buffer zone nearest the land disturbing activity, whichever is greater.
v ,
(3) The-25 foot minimum width for an undisturbed buffer zone adjacent to
designated trout waters shall he measured horizontally from the top of the
bank.
(4) The flrang 383
,Gounty may approve plans whiiGh inGlude land-disturbing
activity along trout waters when the duration of said disturbance land_
h'n 't...wio��ld bet temporary d f said d'sturbance
d�starb:ng aGt+vT etemp�_ and the extent of said ��c�.,�,r�
nd_disturbing actiyi+v iw.ould be al This subset+ion shall not ply
c-'i-rm-immvr—rrrtT.saAvc�scrorrvr�um�v�w�rr
to a land disturbing activity i ec+ion with the c struGtion of facilities
to he located on, over, o under k .w a lae o natural atercourse•
(5) Where a temporary and minimal disturbance land disturbing activity
permitted as an exception by Section R 15 7/ \/�1\/c\/iii\ of this Ordinance,
,
land disturbing activitvies in the buffer zone adjacent to designated trout
waters shall he limited to a maximum of 10% of the total length of the b--ffer
zone w 0thin the tract to he disturbed such that there is not more than 400
IFnear-feet of diic+�.ur.��.,hence On each 1,000 linear(feet of buffer eZ$►�. Largeareas r
. he disturbed with the written approval of the director of the
division of Land Resources of the department of Environment and Natural
ResourGes.
(6)� No-l.and-_disterb:'ng-set v;'tyshall be undertaken�t#in-a-h�rfe r zone
adjacent to designated trout.waters that.willill cause adverse temperature
fluctuations as set ferth in 15 N CAC 2B 0211 Fresh Surface\A/ater
Classification and Standards in these waters
e
(7)(2) Graded Slopes and Fills
30i Deleted "during periods of construction or improvement to land"—this was extraneous text.
302 There are no EMC recognized Trout Waters located in Orange County. This section is irrelevant and has been
deleted; revised per NCDEQ peer review comment.
403 r„r,ristent ref er.,nee to"A—r-,nge r,,unty"
Orange County, North Carolina—Unified Development Ordinance Page 6-123
Article 6: Development Standards 132
Section 6.15: Soil Erosion and Sedimentation Control266F
(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, within 21 Gale dad days Of,.,,„ pleb,, „f
phase of grad; be planted or otherwise provided with ground cover,
devices, or structures sufficient to restrain erosion, within the timelines as
specified in the most current version304 of North Carolina#die-PIS
Administrative Code Title 15A Chapter 4: Sedimentation Control.
(C) The angle for graded slopes and fills must be demonstrated to be stable.
T Stable is the condition where the soil remains in its original configuration,
with or without mechanical constraints.
M(d) Materials being used as fill shall be consistent with the most current
version of North Carolina Administrative Code Title 15A Subchapter 13B
Section .0562 (Beneficial Fill) unless the site is permitted to operate as a
landfill. Not all materials described in Section .0562 may be suitable to
meet geotechnical considerations of the fill activity and should be
evaluated accordingly.3oe
{LIL_Undisturbed Area
Because soils which are seriously disturbed, even if re-vegetated, can generate
nearly as much run-effstormwater runoff306 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).
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 approvedgrad*Rg
LDP.
M(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.
ast+vityLand-Disturbing Activity shall install such sedimentation and
erosion control devices and practices as are sufficient to retain the
sediment generated by the land-disc rbiRg aGtivi+„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
'0a For ground cover timelines-consistent reference to"most current version"of the NC Administrative Code Title
15A Chapter 4:Sedimentation Control and the NC Erosion Control Manual.
"I Added language regarding fill materials, in conformance with current state Model Ordinance.
101 Consistent use of"stormwater runoff".
Orange County, North Carolina—Unified Development Ordinance Page 6-124
Article 6: Development Standards 133
Section 6.15: Soil Erosion and Sedimentation Control266F
construction or development.
(b) EXGen+as preyided in co,.+i„n G �iR�i��io� of+h o nr non,o
Pprovisions for a ground cover sufficient to restrain erosion must be
accomplished within 15 working days or on calendar days whiGheve
period is she he timelines as specified in the most current version308
of the North Carolinas Administrative Code Title 15A Chapter 4:
Sedimentation Control Ere ci„n Gointrel ftAnnunl following completion of
construction or development.
{48)(5) Design Storm
(a) Except as provided in Sections 6.15.7(B)(6) and 6.15.7(B)(7)-309 of this
Ordinance and in the standard for-sedimon+ ponds in the evil Eresien
and Sediment Gen+rol Mangy almne+nUrreRt yerci n319 of+SG- Cry
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 runoff31 from the 10ten-
year frequency storm.
(b) RuReff Stormwater runoff rates shall be calculated according to tag the
procedures in the latest edition of the United States Department of
AgricultureSDA Natural Resources-&G4-Conservation Service's "National
Engineering Field Handbook 630 forManual fer Conservation Practices,"
or according to other calculation procedures acceptable to the Erosion
Control Officer.
"f} LStandards 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. Only the portion of the Land-Disturbing Activity within a
HQW zone shall be governed by this section.
(ii) Larger areas may be uncovered within the boundaries of the
tract with the written approval of-_by Director of the Di"iSi n Gf
Land Rese FGGS of the Department of ERVirnnmen+and Natural
ResouMeTtThe Division of Energy, Mineral, and Land
Resources (DEMLR), upon the applicant providing engineering
justification with a construction sequence that considers phasing,
limiting exposure, submission of weekly self-inspection reports,
and more conservative design than the 25-year storm. The
Director of DEMLR may also stipulate the inclusion of other
conditions in the plan as necessary based on specific site
conditions.-312
Next r-mm- t+e^-- dpd , .-pace
101 For ground cover requirements-cEonsistent reference to"most current version"of the NC Administrative Code
Title 15A Chapter 4:Sedimentation Control.
101 Text correction—added a space. Reference to the sections specific to additional requirements for projects in
HWQ and Falls Lake Watershed areas.
311 Consistent use of"stormwater runoff'—NOTE.the use of"stormwater runoff"is implemented through
remainder of Section 6.15,as applicable.
"I Correction of entity name and addition of information from 15A NCAC Chapter 4.
Orange County, North Carolina—Unified Development Ordinance Page 6-125
Article 6: Development Standards 134
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(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 latest edition of the United States
Department of Agriculture Natural Resources—qofl Conservation
Service's "National Engineering Field Manual Handbook 630 for
Conservation Practices"or according to other calculation
procedures acceptable to the Erosion Control Officer-adGpted-by
any o#herogenGY of this state or the I Inner! States o
r an
generally re zed o zati.,n o iatien
(c) Sediment Ponds313
(i) Sediment ponds (also called "sediment basins")wk4in HQW
zones shall be planned, designed,and constructed to meet the
following criteria:
a. Use a surface withdrawal mechanism, except when the
basin drainage area is less than 1.0 acre;
b. Have a minimum of 1,800 cubic feet of storage area per
acre of disturbed area;
C. Have a minimum surface area of 325 square feet per cfs
of Q25 peak inflow;
d. Have a minimum dewatering time of 48 hours; and
e. Incorporate 3 baffles, unless the basin is less than 20
feet in length, in which case 2 baffles shall be sufficient.
a. such that the pond will have a settling efficiency of a#
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 nook
rate of stormwater runoff.
00 TThe peak rate of stormwater runoff shall be calculated
according to procedures in the latest edition of the United States
Department of Agriculture Natural Resources Conservation
Service's "National Engineering Field Handbook 630 for
Conservation Practices"or according to other calculation
procedures acceptable to the Erosion Control Officer.
(d) Alternative Sediment Pond Design314
Upon a written request of the applicant, the Director of DEMLR may
allow alternative sediment pond design or control measures in lieu of
meeting the conditions required in Section 6.15.7(B)(6)(c) of this
Ordinance if the applicant demonstrates that meeting all of the conditions
will result in design or operational hardships and that the alternative
measures will provide an equal or more effective level of erosion and
sedimentation control on the site. Alternative measures may include
quicker application of ground cover, use of sediment flocculants, and use
of enhanced ground cover practices.
313 Revised to reflect current standards within 15A NCAC Chapter 4.
3ia New section added to reflect current standards within 15A NCAC Chapter 4.
Orange County, North Carolina—Unified Development Ordinance Page 6-126
Article 6: Development Standards 135
Section 6.15: Soil Erosion and Sedimentation Control266F
he peak rate A-f stermwater runeff shalull veE-RIGUlatedaesOr,�mg
+g n ced gyres in the United States department of AgriG It Ure Qoil
('gpsenya+igp Service's National Engineering Field Manua'for
Conservation Practices or according to procedures adopted h,y
any other agency of this state or the United States or any
generally recognized organization or association
03(e) Open Channels
(i) Newly constructed open channels in HQW zones shall be
planned, -designed,and constructed with side slopes no steeper
than two 21 horizontal to one 11 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)(f) 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
the timelines as specified in the most current version of the North
Carolina Administrative Code Title 15A Chapter 4: Sedimentation
315 thin 7 days rl/er 11G orking days 60 IeRdar
Control. wiz,-.,��-a�T� _ ���car�,�
clays whichever n ied is shorter the torRelines specified fer
HQW ZGRes OR the mgs+c en+yefs_k n046 of+he AI(` Crosion
p deyelepme +
err.
(7) Standards for the Upper Neuse River Basin (Falls Lake Watershed)317
In the Upper Neuse River Basin (Falls Lake Watershed), in areas not classified as High
Quality Water(HQW)zones, the following design standards shall apply:
(a) 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 that produces the maximum peak rate of
stormwater runoff.
(ii) The peak rate of stormwater runoff shall be calculated according
to procedures in the latest edition of the United States
Department of Agriculture Natural Resources Soil Conservation
Service's "National Engineering Field Manual Handbook 630 for
Conservation Practices"or according to other calculation
procedures acceptable to the Erosion Control Officer.
(b) Sediment Ponds
(i) Sediment ponds (also called "sediment basins") in the Upper
Neuse River Basin (Falls Lake Watershed) shall be planned,
311 For ground cover requirements-consistent reference to"most current version" of the NC Administrative Code
Title 15A Chapter 4:Sedimentation Control
311 New section added to specify additional requirements within the Falls Lake Watershed.
Orange County, North Carolina—Unified Development Ordinance Page 6-127
Article 6: Development Standards 136
Section 6.15: Soil Erosion and Sedimentation Control266F
designed, and constructed so that the basin will have a settling
efficiency of at least 70 percent for the 40-micron size soil
particle transported into the basin by the stormwater runoff of the
2-year storm that produces the maximum peak rate of
stormwater runoff.
(ii) The peak rate of stormwater runoff shall be calculated according
to procedures in the latest edition of the United States
Department of Agriculture Natural Resources Soil Conservation
Service's "National Engineering Field Manual Handbook 630 for
Conservation Practices" or according to other calculation
procedures acceptable to the Erosion Control Officer.
(c) Open Channels
(i) Newly constructed open channels in the Upper Neuse River
Basin (Falls Lake Watershed) shall be planned, designed, and
constructed with side slopes no steeper than two (2) horizontal to
one (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, as determined by the Erosion
Control Officer, based on soil conditions.
(d) Ground Cover
(i) Ground cover sufficient to restrain erosion must be provided for
any portion of a Land-Disturbing Activity in the Upper Neuse
River Basin (Falls Lake Watershed)within the timelines as
specified in the most current version of the North Carolina
Administrative Code Title 15A Chapter 4: Sedimentation Control.
42)(8)Prior Erosion and Sedimentation Control Plan Approval
No person shall initiate any +;„,+„Land-Disturbing Act!v!ty on a
tract if more than 20,000 square feet are to be uncovered unless, 30 or more
days prior to initiating the aGt+v+tyLand-Disturbing Activity, an erosion and
sedimon+a+, n r.,,n+rr,l planErosion and Sedimentation Control Plan for such
'Land-Disturbinq Activity is filed with and approved by Orangethe318
County and approved, and a L @Rd Distur";n Dorm;+an LDP obtained from the
0range319 County. The Iand disturbiRg +„a+„Land-Disturbinq Activity shall be
conducted in accordance with the approved erosion and sedimentation control
plaoErosion 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
31s Consistent reference to"Orange County".
31s Consistent reference to"Orange County".
Orange County, North Carolina—Unified Development Ordinance Page 6-128
Article 6: Development Standards 137
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(a) Channeling stormwater runoff directly into water bodies shall be
prohibited.
(b) Stormwater runoffR4Paff 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 EFGS'^^ and sedm a +atk, ,
Control PIaErosion and Sedimentation Control 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 ctiyi+.,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 water flovvstormwater 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 6-129
Article 6: Development Standards 138
Section 6.15: Soil Erosion and Sedimentation Control266F
(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 Ordinance320 shall be used to ensure that runoff is
retained on the site before being released. The purpose of this
requirement is to ef321nsure that, not only will the standard set forth in
Section-322 6.15.8(A) of this Ordinance323 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
321 Consistent reference to"this Ordinance".
321 Text correction—grammar fix.
322 Text correction—deleted a space.
323 Consistent reference to"this Ordinance".
Orange County, North Carolina—Unified Development Ordinance Page 6-131
Article 6: Development Standards 139
Section 6.15: Soil Erosion and Sedimentation Control266F
(1) If the same person conducts the Land-Disturbing ActivitV and any related borrow
or waste activitV, the related borrow or waste activitV shall constitute part of the
Land-Disturbing Activity, unless the borrow or waste activitViqulated under
the Mining Act of 1971, G.S. 74, Article 7, or is a landfill regulated by the Division
of Waste Management. If the Land-Disturbing Activity and any related borrow or
waste activity are not conducted by the same person, they shall be considered by
the Erosion Control Officer as separate Land-Disturbing Activitie♦1s.324
/I When the person conducting Oho I��ana__rlarl urbinn act iv th ty is also e person
rendUGtinn the hnrrew apd waste disposal activity, areas frem whinh herrew is
ebtained apd whinh aFe not regulated by then of the Mining An+of 1979
and waste areas for surplus materials other than lapdf0"s regulated b the
department's DiVisiop of Selid Waste Management shall he a port of
the waste material o ated
(2) When the person conducting the I��and_di
sturbing th
�rbinn activity is not the person
obtaining the borrow and/or disposing of the waste these areas shell he
considered a separate land_disturbing activity.
(E) Add+fienaLStandards for Access and Haul Roads
(1) Temporary access and haul roads, other than public roads, constructed or used
in connection with any land-disturbing activt"Land-Disturbing Activity shall be
considered a part of such Land-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 disturbiRg aGtivityl-and-Disturbinq Activity.
(F) Additional Standards for Operations in Lakes or Other Natural Watercourses
(1) Landdisturbing activit"Land-Disturbinq 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
activityLand-Disturbing 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 aGt'Vit„Land-Disturbinq 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.
314 Revised to match NCDEQ's current model ordinance, based on NCDEQ peer review comment.
Orange County, North Carolina—Unified Development Ordinance Page 6-132
Article 6: Development Standards 140
Section 6.15: Soil Erosion and Sedimentation Control266F
(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%
(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
1 Oten325-year storm shall be no greater than that which would result from a I Oten326-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
321 Text correction—consistent use of"10-year'within this sub-section.
Sze Text correction—consistent use of"10-year"within this sub-section.
Orange County, North Carolina—Unified Development Ordinance Page 6-133
Article 6: Development Standards 141
Section 6.15: Soil Erosion and Sedimentation Control266F
(1) Persons shall plan and conduct land disturbing +,„,+„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
(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 she 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 diG4_—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 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 6-134
Article 6: Development Standards 142
Section 6.15: Soil Erosion and Sedimentation Contro1266F
(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 stem; wat^F d c^"^F^^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 ^^4„4Land-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 EFesion e'^64^^
and sedir,^^+^tier Gentr^l PlaRErosion and Sedimentation Control 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 6-135
Article 6: Development Standards 143
Section 6.15: Soil Erosion and Sedimentation Control266F
(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 deVs327eros+an Rd
sedimentation ,.nntrnl nlanErosion and Sedimentation Control Plan.
(C) Additional Measures
Whenever the Erosion Control Officer determines that significant sedimentation
g as a result of land disturbing activity, despite application and maintenance 0
q practices, the person conducting the land disturbing activity or the person
resnnnsi Die for maintenance will he required to take additional protective
aet+ar.accelerated erosion and sedimentation continues despite the installation of
protective practices, the Erosion Control Officer shall direct the person conducting the
Land-Disturbing Activity to take additional protective action necessary to achieve
compliance with the conditions specified in the most current version of North Carolina
Administrative Code Title 15A Chapter 4: Sedimentation Control.328
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 activityl-and-DisturbingActivit ; not excluded
under Section 6.15.4 of this Ordinance 329, 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
GrnS,nn erosion and sedomentafinn ('nntrnl olanErosion and Sedimentation Control 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.
12'Deleted "developer's"—this was extraneous text.
121 Revised to match NCDEQ's current model ordinance, revised per NCDEQ peer review comment.
121 Consistent reference to"this Ordinance".
Orange County, North Carolina—Unified Development Ordinance Page 6-136
Article 6: Development Standards 144
Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee329F
(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.
Section ' 330
(A) For all Performance Guarantee requirements, the following shall apply:331
(1) The type of Performance Guarantee shall be at the election of the applicant.
Acceptable Performance Guarantee instruments include, but are not limited
0nnlurlinn but net limiter! to:
(a) Ae performance bond or;surety bond from a bonding company
authorized to do business in North Carolina;;
(b) An irrevocable or-letter of credit from a financial institution authorized to
do business in North Carolina;,or
(c) Cash placed in escrow with a financial institution designated as an
official repository 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.
(2) Unless otherwise detailed herein, the amount of the Performance Guarantee
shall equal 125% of the estimated cost of the required improvements, including
protect management costs, of required
(3) The estimated -s cost shall be, based on applicable industry norms and
shall be itemized and certified by a North Carolina reaistere&Gen�&ed
professional engineer or landscape architect(to the extent that General Statute
Chapter 89A allows).
3so NEW SECTION.
3s1 Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina-Unified Development Ordinance Page 6-161
Article 6: Development Standards 145
Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee329F
(4) Performance Guarantee shall be used only to complete required construction
activities and shall not be used for repairs or maintenance activities.
(B) For d'iAd Regu*elx4ent- Zoning Compliance Permits and Subdivision-, , the following
additional requirements shall apply:
(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.
(C) Additional Qecluken4enfs For Stormwater Control Measures (SCMs„ the following
additional requirements shall apply:
Timing Gove age, rl�pro+i.,., o..+or,oi.,., lor.ol r oihilifior r,r! rol000in Af RGM
s shall be 'R aGGE)rdaRGe with the .,f NIGG_S '>
(1) All SCMs shall be conditioned on the posting of an SCM Performance
bePAGuarantee for SCM construction and initial SCM maintenance as detailed
herein.-332
(2) The SCM Performance Guarantee costG st estimates shall be sealed by a North
Carolina registered professional engineer or landscape architect(to the extent
that General Statute Chapter 89A allows) ,
NIAr+h CArnlir,o r io+oro.d r,MfeGGOORal eRqmReer r landSGap FGh0teGt and shall
include, h„+ Ret be lmg#ted+,,, the costs of the following items:
(a) The value of all materials such as piping and other structures;
(b) Seeding and soil stabilization;
(c) Design and engineering; and
(d) Grading, excavation, fill, etc.
(3) The duration of the SCM Performance Guarantee shall initially 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.
(4) 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 owning entity333 (prior to
expiration)for the duration necessary to complete construction of the SCM in
conformance with the approved SMP.
(5) The SCM shall be inspected by the Erosion Control Officer after the owning entity
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:
33z 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'.
"I Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina—Unified Development Ordinance Page 6-162
Article 6: Development Standards 146
Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee329F
(a) Draft plat(s) and334 deed(s)for any required SCM maintenance
easement(s)or draft subdivision plat(s) and335 deed(s)that contain any
required SCM maintenance easement(s), ready for recording with the
Orange County Register of Deeds. The draft plat(s) and336 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
recording with the Orange County Register of Deeds. The draft OMA
shall be reviewed and approved by the Erosion Control Officer prior to
recordation by the owning entity.
(c) SCM certification letter 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.
(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.
(6) The SCM Performance Guarantee shall not be released feraa-SG s-until the
T following requirements are met:
(a) The SCM passes inspection by the Erosion Control Officer. NOTE: The
SCM will pass inspection if/when the Erosion Control Officer determines
that the SCM is performing as designed and intended per the approved
SMP;337_
(b) MAP SCM Operation and Maintenance Agreement (OMA) in
conformance with Section 6.14 of this Ordinance )-has been ste
%viewreviewed and /approved by the Erosion Control Officer and
subsequently, recorded by the owning entity at the Orange
County Register of Deeds; nrtjAn^^ with Re6+i^n a ,n ^f +his
9rd+na�►s��
The signed SCM maintenance easement-d
�h�np�the
rGsoen Green fnceiA-.nrce the f 110 Minn infrrm o+iron i?
339
(c) The—,;gff�e"eed(s) and340 plat(s), or subdivision deed(s) and341 plats(s)
in conformance with Section 6.14 of this Ordinance have been
reviewed/approved by the Erosion Control Officer and subsequently
recorded by the owning entity at the Orange County, relater! ^as
plat f.,r the 212AA ready fGF fillip .With the rerun ^ r„ ,n+„
Registers 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;-
334 Edit(s) based on Legal Sufficiency Review comments.
ass Edit(s) based on Legal Sufficiency Review comments.
3s6 Edit(s) based on Legal Sufficiency Review comments.
3s7 Edit(s) based on Legal Sufficiency Review comments.
tong r r, nt(s) as detailed it Section c 1 n 1n of the i Inn
110 Edit(s) based on Legal Sufficiency Review comments.
141 Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina—Unified Development Ordinance Page 6-163
Article 6: Development Standards 147
Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee329F
(e) The owning entity pays the required 5-year SCM inspection fee as
described in Section 6.14.10(B)(6)of this Ordinance.
that the QeFm� eraI Statute, Chapter 99A, allow) v+u+inc +hua+r th-e de+e4*GR
Pend is nle+e and n is+ent�.Wh the plans ands sifisa+ions
(7) 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 shallwiU release 75%342 of the value of the SCM Performance
Guarantee and shall-wW issue a Certificate of Stormwater Compliance for the
SCM, subject to approval of the Planning Director.
If the n ent n eotion and the Eresion f en+rel Of oGer a onto the
Gertifination door! nd e onto the a nlir•ant shall file the deed and
easerneRtS yAth the flran..e CO Rty Register f Deeds. The Eresmep-GentrGt
Offir•er shall authorize the release of i in to 7F59 of the value of the nerformanne
wara„tee and issue a Watershed Protegfion Compimange Perm+tee
SCM.343
(8) If the SCM does not pass inspection and/or the submitted SCM documents are
considered by the Erosion Control Officer to be incomplete, then the Erosion
Control Officer shall direct the owning entity to make any necessary SCM
improvements and/or to resubmit corrected documents for approval.344 Upon
completion, the SCM improvements shall be re-inspected by the Erosion Control
Officer.
If defir•ienr•ies a e fo��nd the Erosion r en+rol Offir�er shall dire.+that+he
Sp for ,al I Inon r• fi nleon +he im en+s shall her er•+ed 345
(9) No sooner than one year after issuance of the Certificate of Stormwater
Compliance for the SCM, the owning entity may 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 approves346 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
entity with instructions to correct any SCM deficiencies necessary for the
release of the remaining value of the SCM Performance Guarantee.9f+e
aqFeeMen+ the a nlisant may Petition for the release of+he r
glue of the nerfbrmaRGe Q antee
I Inon r in+of said ne+i+ion the-Erosion fen+rel Offi..er shall
Cf`NA +o determine whether the Gen+rels aFe erformin.. as designed and
Ira#enaed. If they are,the r g f„nds sha:rae�etu,,Ted. ITrE*, tl e
Erosion Cnn+rol (lffir•er .,ill note ideas+ifed defir ienr ies and r
14'Edit(s) based on Legal Sufficiency Review comments.
44D
sa4 Edit(s) based on Legal Sufficiency Review comments.
4�
141 Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina—Unified Development Ordinance Page 6-164
Article 6: Development Standards 148
Section 6.22: Performance Guarantee Stand a rdse rforman ce Gurantee329F
PmRsPeGtOOR.
Orange County, North Carolina—Unified Development Ordinance Page 6-2
Article 7: Subdivisions 149
Section 7.4: Improvements and Performance Guarantees
IMPROVEMENTSSection 7.4: •
7.4.1 Generally
(A) Improvements proposed by the subdivider or required by this Ordinance, shall be
constructed in accordance with the standards and requirements provided in this
Ordinance.
(B) In those instances where said improvements are required to be constructed subsequent
to the approval of the Final Plat, plans and specifications for said improvements shall be
approved by the appropriate agency and reference to said improvements shall be made
part of the Final Plat.
7.4.2 Improvements Required
(A) Subdividers are responsible for the construction, installation, and maintenance of
required improvements in accordance with the standards in this Ordinance in addition to
any applicable federal, state, or county standards to include, but not be limited to, the
following:
(1) All roads within the subdivision and improvements to existing roads required for
safe and adequate access to the subdivision;
(2) Road signs;
(3) Water supply and wastewater systems, other than individual wells and septic
tanks;
(4) Drainage facilities and easements;
(5) Stormwater management devices;
(6) Erosion and sedimentation control devices;
(7) Low-impact (passive) and active recreation amenities;
(8) Fire suppression management facilities;
(9) Common Open Space, Recreation or Landscape management improvements,
areas, and facilities; and
(10) Any other on- or off-site improvements required by this Ordinance or required at
the time of preliminary plat approval.
(B) If the subdivider records a plat for only a portion of the subdivision for which a preliminary
plat was approved, the improvements required to be constructed, installed, and
maintained in accordance with said recorded plat shall be those improvements that the
Planning Director deems necessary to serve the lots shown on the recorded plat.
7.4.3 Completion of Improvements
(A) The Planning Director shall not approve a final plat presented for recordation until:
(1) All required improvements have been completed.
(2) All legal documents shall be submitted, reviewed and approved by the Orange
County Attorney, or
(3) A perfe-maRGe guaran Performance Guarantee347 has been provided in
accordance with the provisions detailed herein.
(B) An improvement shall be deemed completed only after the appropriate public agency has
certified that the improvement(s) has been installed in accordance with the approved
347 Consistent us of"Performance Guarantee".
Orange County, North Carolina—Unified Development Ordinance Page 7-4
Article 7: Subdivisions 150
Section 7.4: Improvements and Performance Guarantees
preliminary plat, the approved construction plan, and in accordance with applicable
federal, state, and county regulations.
(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, performance guaran+eePerformance
Guarantee- 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.
good Gause and with the approval of the previder of t� the guaar-aarRtee,,ggrua not
e Vtensions of the term with each s ch extensien net tee ed o
ne year.
irreVE)Gable letter-of
+ + The f gr raran+ shall he determ per! by the
6Fedir-vrC-a ShtiS6FOv'rac`F.F.A'u'nrn�-� vmrvrgarnunree
rbd0yirler
�wvrv-racT
(D) The performance guarantee shall be conditioned upon the performanGe of all work
necessary to complete the required subdivision improvements within the time period
specifier) at the time of preliminary plat or construction plan approval
(E) The amount of the performance guarantee shall equal at least 0 of the estimated
cost, including project management costs, of the required improvemeRts that have not
been installed by the time of final plat submittal.
es+ima+os shall he haler! OR inrlrrs+rY nOFMS .d+hin (lra nge (`orrW
(G) if a subdivider fails to properly install required improvemeRtS within the term of the
guarantee, the guarantee will be deemed in default. in the Gase ef default, the County
authorized to use the guarantee funds to complete the required subdivision
. P r�rniements or to let a contract for installation of the required improvements
.", r
(14) QRce the conditions of theperformance guarantee have been completer) to the
satisfaction of the appropriate agencies and any required maintenance guarantee has
been previded iR aGGGrdaRGG with the previsiens of this QrdiRaRGe, the g6laFaRtee shall
he releaser!
vc-rcrcavccr.
provided,
Once all of the required improvements have been at least 0
certified, the financial
guarantee may be reduced by the ratio that the completed improvements bear to the total
. . ReRts required. However, only one such reduction shall be permitted prior to
releasing the entire performance guarantee 348
348 All Performance Guarantee 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 151
Section 7.4: Improvements and Performance Guarantees
recently been inspected and certified as being compliant with federal, state, and local
regulations.
(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 Guarantees349, 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
Guarantee350 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 perfermanGe
bond qua ran+eePerformance Guarantee351 meeting the requirements of Section 2.27 of
this Ordinance., irrevocable totter of credit er cash escrow account and shall conform to
the folio *
0)The aR;G Wn+ref the guarantee shall h��_be at least 150/_ of the total coSt_Gf
constructing the public road improvernents (excluding the Costs Of GleaFiRg and
rough grad'Rq)
bythe applicant's licenser! professional engiReer r licensed professional
surveyor, if the surveyer s the GFigiRalp of the plans fer+he
bsuedi' "s'nviT
OF licensor! professional suweyGr may vino the itemized cos+estimate
(4) f es+estimates must he based r, inrl616+ry n within Orange GE)UW
(5) The Planning DiFeGt9F or Planning Board higher guarantee amount
when deemed necessary to address higher�oter�tial correction costs due to the
subdivision's size and site characteristics but On no event may the amo unt
exceed 250% of estimated construction costs
s49 Consistent use of"Performance Guarantee".
3so Consistent use of"Performance Guarantee".
3s1 Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina—Unified Development Ordinance Page 7-7
Article 7: Subdivisions 152
Section 7.5: Subdivision Agreements
(E) The guaraRtee shall have a term ef twe years and shall provide aR eptieR fer aRRual
ree ew aI 'f the s<;- s:e htdiyidr har- a��s
0) Ar,anged fOF wanty'Rspe6tl6.n ^A-f the impreyemeRtS,
(2) Submitted to the County an aGGeptable estimate of the costs necessary to correGt
any deterioration or defects discovered by the inspection and
th
e hocrn re amount the security by the amount of said-estimate.
flL�The 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 . 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.
Orange County, North Carolina-Unified Development Ordinance Page 7-8
Article 7: Subdivisions 153
Section 7.6: General Design 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.
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-off352 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 stormwater management nianStormwater
Management Plan (SMP)353 shall be required as part of the application submittal.
312 Consistent use of"stormwater runoff'.
"I Consistent use of"Stormwater Management Plan (SMP)".
Orange County, North Carolina—Unified Development Ordinance Page 7-9
Article 7: Subdivisions 154
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) n 7 77 of thic r)rHinanr-
Performance Guarantee 354 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.
Section ■: RESERVATION OF •
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
314 Reference to NEW SECTION.
Orange County, North Carolina—Unified Development Ordinance Page 7-29
Article 8: Nonconformities 155
Section 8.3: Completion of Non-Conforming Projects
(1) All expenditures made pursuant to a validly issued and unrevoked building,
zoning, special use, or soil eFGSiGR- ediMeRtatien GGRtF l p motLand-Disturbing
Permit (LDP)355 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.
ass Correct reference to"Land Disturbing Permit(LDP)".
Orange County, North Carolina—Unified Development Ordinance Page 8-2
156
ARTICLE 9: ENFORCEMENT
Section .
.11: 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 92: 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 ErOSiOR eF960 ^ and
sedo, ent—A+,,,., Ge,ntr„l PlaRErosion and Sedimentation Control Plan356 and/or Stormwater
Management Plan (SMP);
W) 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:
3se"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 157
Section 9.7:Additional Procedures—Special Flood Hazard Area
•MMM:16161211111
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 • :: EROSION AND SEDIMENTATION • •
9.8.1 Inspections and Investigations
(A) Site Inspections
Agents, officials, or other qualified Ppersons 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-disturbiR. tiVityLand-Disturbing Activity.
Notice of the right to inspect shall be included in the letter of approval of each €FGS'GR
eresmen and sed' enta+,„n G0RtFGI Erosion and Sedimentation Control Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
3s'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 158
Section 9.8: Soil Erosion and Sedimentation Contro1356F
(1) No Personpersen shall willfully resist, delay, or obstruct an authorized
representative, employee, or agent of Orange County, while that Personpersen is
inspecting or attempting to inspect a land disturbing acti„i+„Land-Disturbing
Activity under this section.
(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 who presents appropriate credentialsapA358 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 Personpersse 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 Personpers_ + 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 perseR-Person engaged in land distuFbiRg aGtivityLand-
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 personPerson.
(2) The notice of violation may be served by any means authorized under N.C.G.S.
1A-1, Rrule 4. and shall include information on how to obtain assistance in
developing corrective measures.359
(3) The notice of violation shall specify a date by which the perss+->-Person must
comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this
Ordinance, and inform the peFS(DR-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
FiFesiener.,1sin-R and sedimen+afro,, Control olanErosion and Sedimentation
Control 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 perse+-> Person who fails to comply within the time specified is subject to the
civil and criminal penalties provided in this Ordinance.
(6) IR the 0 eRt sePViGe net be a plished by registered O or+ified moil it
may be a pushed in vided in rule (4)j of the Ner+h f oreIino
Rules of Gi„il PFOGeduro.lf the Person engaged in the Land-Disturbing Activity
has not received a previous notice of violation pursuant to this Ordinance, the
Erosion Control Officer shall offer assistance in developing corrective measures.
Assistance may be provided by referral to a technical assistance program on
behalf of Orange County, referral to a cooperative extension program, or by the
provision of written materials such as Orange County guidance documents. Tie
.,Iofi�r. m ��ho sse. xprl ir, +ho m r�rihpd fA1_1r sor��i.o
by N G G C !A 1 Rule A aR d shall OR hew to eht;;'n
(D) Authority to Require Statements
...This section has been revised to comply with the state's current E&SC Model Ordinance.
...Edit(s) based on Legal Sufficiency Review comments.
36e to eR as .
"I Edit(s) based on Legal Sufficiency Review comments.
Orange County, North Carolina—Unified Development Ordinance Page 9-9
Article 9: Enforcement 159
Section 9.8: Soil Erosion and Sedimentation Contro1356F
(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 Personis violating the 362erosion 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
Erosion er„s'en and sedo e tatmOR GGRtF I Plan Erosion and Sedimentation
Control 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 363erosion and
sedimentation control provisions of this Ordinance.
(3) Notice of the stop work order shall be in writing, directed to the person
Personconducting the land disturbing ti"ityLand-Disturbinq 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) Self-Inspection & Report Procedures314
(1) The landowner, the fiRaRGially respeRsible pa4VFinancially 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 North Carolina General
StatuteN.G.G.S 113A-57(2).
(2) In addition, weekly and rain-event self-inspections are required by federal
regulations that are implemented through the most current version of the NPDES
Construction General Permit No. NCG 010000. Note that NPDES stabilization
requirements may be more restrictive than the minimum state requirements.
M(3) The peFser Person who performs the inspection shall maintain and make
available a record of the inspection at the site of the land disturbing aGtivityLancl-
Disturbing Activity.
(3)(4) The record shall set out any significant deviation from the approved eresieR and
sedimentation control plan Erosion and Sedimentation Control Plan, identify any
measures that may be required to correct the deviation, and document the
completion of those measures.
(4)(5) The record shall be maintained until permanent ground cover has been
established as required by the approved erosion and sediMeRtati n Gen+rel
planErosion and Sedimentation Control Plan.
362 Deleted "soil".
363 Deleted "soil".
364 This section has been revised to comply with the state's current E&SC Model Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 9-10
Article 9: Enforcement 160
Section 9.8: Soil Erosion and Sedimentation Control356F
(6) The inspections required by this subsection shall be in addition to inspections
required by N.C.G.S.�S. 113A-61.1.
(7) Where inspections are required by Section 9.8.1(G) of this Ordinance, or
N.C.G.S. 11 3A-54.1(e), the following apply:
(a) The inspection shall be performed during or after each of the following
phases of the plan:
(i) Initial installation of erosion and sedimentation control measures;
(ii) Clearing and grubbing of existing ground cover;
(iii) Completion of any grading that requires ground cover;
(iv) Completion of all Land-Disturbing Activity, construction, or
development, including permanent ground cover establishment
and removal of all temporary measures, and;
(v) Transfer of ownership or control of the tract of land where the
Erosion and Sedimentation Control Plan has been approved and
work has begun. The new owner or Person in control shall
conduct and document inspections until the project is
Permanently stabilized.
(b) Documentation of self-inspections performed under Section 9.8.1(G)of
this Ordinance shall include:
(i) Visual verification of ground stabilization and other erosion
control measures and practices as called for in the approved
Erosion and Sedimentation Control Plan;
(ii) Verification by measurement of settling basins, temporary
construction entrances, energy dissipaters, and traps;
(iii) The name, address, organization affiliation, telephone number,
and signature of the Person conducting the inspection and the
date of the inspection shall be included, whether on a copy of the
approved Erosion and Sedimentation Control Plan or an
inspection report. A template for an example of an inspection
and monitoring report is provided on the North Carolina Division
of Energy, Minerals, and Land Resources website. Any relevant
licenses and certifications may also be included. Any
documentation of inspections that occur on a copy of the
approved Erosion and Sedimentation Control Plan shall occur on
a single copy of the plan and that plan shall be made available at
the site;
(+(iv) A record of any significant deviation from any erosion or
sedimentation control measure from that on the approved
Erosion and Sedimentation Control Plan. For the purpose of this
subsection, a "significant deviation" means an omission,
alteration, or relocation of an erosion or sedimentation control
measure that prevents it from performing as intended. The
record shall include measures required to correct the significant
deviation, along with documentation of when those measures
were taken. Deviations from the approved Erosion and
Sedimentation Control Plan may also be recommended to
enhance the intended performance of the sedimentation or
erosion control measures.
9.8.2 Penalties
(A) Civil Penalties
Orange County, North Carolina—Unified Development Ordinance Page 9-11
Article 9: Enforcement 161
Section 9.8: Soil Erosion and Sedimentation Contro1356F
(1) Assessment of Penalties
(a) Any perssR Person who violates any of the 365erosion 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 anti„ityLand-Disturbing Activity for which an
Erosion erpslep and sedimentation Control Plan Erosion and
Sedimentation Control 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 erosinp aR d sedimentation Control DlanErosion and
Sedimentation Control 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.
W(f) When the Person has not been assessed any civil penalty under this
subsection for any previous violation, and that person abated continuing
environmental damage resulting from the violation within 180 days from
the date of the notice of violation, the maximum cumulative total civil
penalty assessed under this subsection for all violations associated with
the Land-Disturbing Activity for which the Erosion and Sedimentation
Control Plan is required is twenty-five thousand dollars ($25,000).366
(2) Notice of Civil Penalty Assessment and Demand for Payment of Penalty36'
(a) The governing body shall notify the
person who is assessed the s Vil p adty of the of the p alty
and the reason for assessing the penalty 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 Section 9.8.1 of this Ordinance, and shall direct the violator to
either pay the assessment_-er--contest the assessment,within 30 days
after the receipt of the notice of assessment, by filing a petition for a
hearing, or file a request with the governing body for remission of the
assessment within 60 days of receipt of the notice of assessment. A
remission request must be accompanied by a waiver of the right to a
contested case hearing pursuant to Chapter 150B of the North Carolina
General Statutes and a stipulation of the facts on which the assessment
was based.`"'ritte.n demand fn-r a hearip.. 368
(c) If payment is not received within 30 days after demand for payment is
made, the Geunty GF tGWR, of appliGable-,Lhe Board of County
Commissioners may institute a civil action to recover the amount of the
assessment.
sss Deleted "soil".
sss This section has been revised to comply with the state's current E&SC Model Ordinance.
367 This section title has been merged with the title of a redundant section which has now been eliminated.
36s This section has been revised to comply with the state's current E&SC Model Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 9-12
Article 9: Enforcement 162
Section 9.8: Soil Erosion and Sedimentation Control356F
(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 and a remission that is not
reguested369 is due when the violator is served with a notice of
assessment.
(g) An assessment that is contested and a remission that is not reguested370
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 (Gity) (f,,WR) (GO Rty)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
with 37erosion and sedimentation control provisions in this
Ordinance.
(4) Notice of Civil Penalty Assessment
(a) The governing body of the (Gity) (f, WR) (GG Rty shall provide notice of
the civil penalty amount and basis for assessment to the Personper-se
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 (Gity, (f,WR) (GG unty), 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.
(7) Appeal of Final Decision372
3"This section has been revised to comply with the state's current E&SC Model Ordinance.
31'This section has been revised to comply with the state's current E&SC Model Ordinance.
31'Deleted "soil".
312 Added this section to comply with the state's current E&SC Model Ordinance. The relevant section describing
the process for an appeal of a final decision on a civil penalty is located in a disconnected section of the UDO(i.e.
Section 2.26.11).
Orange County, North Carolina—Unified Development Ordinance Page 9-13
Article 9: Enforcement 163
Section 9.8: Soil Erosion and Sedimentation Control356F
(a) See Section 2.26.11 of this Ordinance.
M(8) Credit of Civil Penalties3'-3
(a) Civil penalties collected pursuant to this Section of the Ordinance shall
be credited to the Civil Penalty and Forfeiture Fund in accordance with
N.C.G.S. 115C-457.2.
(b) Penalties collected by Orange County may be diminished only by the
actual costs of collection. The collection cost percentage to be used
shall be established and approved by the North Carolina Office of State
Budget and Management on an annual basis, based upon the
computation of actual collection costs by Orange County for the prior
fiscal year.
Remission of Civil Penalties374
(a) -A request for remission of a civil penalty imposed under N.C.G.S. 113A-
64 may be filed with the governing body within 30 days of receipt of the
notice of assessment. A remission request must be accompanied by a
waiver of the right to a contested case hearing pursuant to Chapter 150B
of the General Statutes and a stipulation of the facts on which the
assessment was based. The following factors shall be considered in
determining whether a civil penalty remission request will be approved:
(i) Whether one or more of the civil penalty assessment factors in
N.C.G.S. 113A-64(a)(3)were wrongly applied to the detriment of
the petitioner.
(ii) Whether the petitioner promptly abated continuing environmental
damage resulting from the violation.
(iii) Whether the violation was inadvertent or a result of an accident.
(iv) Whether the petitioner had been assessed civil penalties for any
previous violations.
(v) Whether payment of the civil penalty will prevent payment for
necessary remedial actions or would otherwise create a
significant financial hardship.
W(vi) The assessed property tax valuation of the petitioner's property
upon which the violation occurred, excluding the value of any
structures located on the property.
(B) Criminal Penalties
Any p8FSG > Person who knowingly or willingly violates any provision of this Ordinance, or
rule or order adopted or issued by the North Carolina Sedimentation Control Commission
or a local government, ^'I e ^0375 o.,.J oorJir,,o.,+ofir,r, GORtFOI provisione +hio
(lrrlir�rno Ar r,ilo Ar Arrlor arlon+orl or issued pursuant to+horn regulations, or who
knowingly or willfully initiates or continues a land disturbing aGtivityLgDd-Qisturbing
Activityl and Rost urhonq Actovot"for which an Erosion and Sedimentation Control
P4anErosion and Sedimentation Control Plan is required except in accordance with the
terms, conditions, and provisions of an approved Erosion and Sedimentation Control
Plan, shall be guilty of a Class 2 misdemeanor punishable by OM ent net tG
eXGeed 90 days er by a fine Ret to o eed $5 non or by both at the diSGret'G , r,f the
which may include a fine not to exceed $5,000 as provided in N.C.G.S. 113A-64.
3'3 This section has been revised to comply with the state's current E&SC Model Ordinance.
3'4 Added this section to comply with the state's current E&SC Model Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 9-14
Article 9: Enforcement 164
Section 9.8: Soil Erosion and Sedimentation Contro1356F
9.8.3 Injunctive Relief
(A) Civil Action in Superior Court
(1) Whenever the gever„i^^ body of the TGWR or r-^„„+„Board of County
Commissioners has reasonable cause to believe that any person Person is
violating or threatening to violate the 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
e,-^c,^„ And sedimentation Control Erosion and Sedimentation Control Plan,
it may, either before or after the institution of any other action or proceeding
authorized by this Ordinance, institute a civil action in the name of Orange
County, 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 Soj�_376erosion and sedimentation control provisions of this
Ordinance.
9.8.4 Restoration of Areas Affected by Failure to Comply
(A) The G96i*Orange County may require a peFSGR—Person who is engaged in a land-
dist rhi„g acti„i+„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 persen Person conducting a land disturhi„^ „^+,",+„Land-Disturbing Activity
is not complying with the 377 erosion and sedimentation control provisions of this
Ordinance, the Land Disturbing Permit, the ^^^revel Er^Si^^ approved ero&ia;-a-Rd
^,+;m^„+^+;^„ G^„+r„.I oia„Erosion and Sedimentation Control Plan or any amendments
to the Er and Control oi^„Erosion and Sedimentation Control
Plan, the Erosion Control Officer may revoke the Land Disturbing Permit for the site.
(B) Notice of Revocation shall be sent by registered or certified mail to the person-Person
conducting the land-disturbing activ,+„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 peFso+-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 378erosion and sedimentation
control provisions of this Ordinance.
3'6 Deleted "soil".
37 Deleted "soil".
"I Deleted "soil".
Orange County, North Carolina—Unified Development Ordinance Page 9-15
Article 9: Enforcement 165
Section 9.9: Stormwater Management
(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 379erosion 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 Person conducting the ' Land-Disturbing Activity 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 the-Orang, County380
will periodically inspect on-site Stormwater Control Measuresstormwater Ccontrol
measu es (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)38'
being constructed in accordance with the approved piaeSMP.
(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
Stormwater Management Dian S'MP.
(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.
(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.
37.Deleted "soil".
181 Consistent reference to"Orange County".
181 Consistent use of"Stormwater Management Plan (SMP)".
Orange County, North Carolina—Unified Development Ordinance Page 9-16
Article 9: Enforcement 166
Section 9.9: Stormwater Management
(3) No person shall refuse entry or access to any authorized representative or agent
of th_eOrange County382 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 Managernen+
P agSMP, 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 ar+;,,+„Land-Disturbing Activity383 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.
(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.
382 Consistent reference to"Orange County".
3113 Correct reference to"Land-Disturbing Activity'.
Orange County, North Carolina—Unified Development Ordinance Page 9-17
Article 9: Enforcement 167
Section 9.9: Stormwater Management
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 stormwater control moan re (SCM)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
Ster..,water Management Planan 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
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 developmeRt aGtiVi+ Land-Disturbing
Activity384 for which a St rr.,water Mana emG t PlaRan SMP is required except in
384 Correct reference to"Land-Disturbing Activity'.
Orange County, North Carolina—Unified Development Ordinance Page 9-18
Article 9: Enforcement 168
Section 9.9: Stormwater Management
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 Sto mooater
Management oianSMP, 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.
Orange County, North Carolina—Unified Development Ordinance Page 9-19
Article 10: Definitions 169
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 Compliance
A document of record noting the approval for development activities regulated by Section 6.14 of this
Ordinance.385
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:
I'll NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 10-5
Article 10: Definitions 170
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 consisting of a pond constructed
and maintained in accordance with pp8R *x A ^'this Ordinance, which allows for pollutants to settle and
Orange County, North Carolina—Unified Development Ordinance Page 10-9
Article 10: Definitions 171
Section 10.1: Definitions
provides for the gradual release of the impounded water. The detention pond is the Best MaRa,.or eRt
oraGti a which must be used within protected watersheds when engineered stormwater controls are
required. (See also, Stormwater Control Measure Root Management oraGtiGes and Engineered
Stormwater Controls)386
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 .diSt UrhiRg +„a+„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.
"I This definition has been revised to eliminate the outdated reference to"Best Management Practice".
Orange County, North Carolina—Unified Development Ordinance Page 10-10
Article 10: Definitions 172
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
runoff387 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.
Dispersed Flow
Uniform shallow flow that is conveyed to a vegetated filter strip as defined in 15A NCAC 02H.1059,
another vegetated area, or Stormwater Control Measure. The purpose of"Dispersed Flow" is to remove
pollutants through infiltration and settling, as well as to reduce erosion prior to stormwater runoff reaching
surface waters.388
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
381 Consistent use of"stormwater runoff'.
188 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 10-11
Article 10: Definitions 173
Section 10.1: Definitions
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.
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 Stormwater Controls
Engineered structures of practices n structural Rost ManagemeRt PraGtiGe used to reduce non-
point source pollution to receiving waters in order to achieve water quality protection goals. (See also
Stormwater Control Measure, Detention Pond, Infiltration Systems198ct MaRagemeRt PFaGtiGes and
Orange County, North Carolina—Unified Development Ordinance Page 10-12
Article 10: Definitions 174
Section 10.1: Definitions
Rn�389
Environmental Document
An EA, EIS, or FONSI, or all of them.
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 Plan
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-57.390
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.
38I This definition has been revised to eliminate the outdated reference to"Best Management Practice".
390 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 175
Section 10.1: Definitions
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;
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 RersonParty
In regards to sefl�erosion and sedimentation control provisions, and party or entity who has financial or
operation control over a Iand disturbiRg +„a+„Land-Disturbinq Activity and/or the landowner or
Orange County, North Carolina—Unified Development Ordinance Page 10-14
Article 10: Definitions 176
Section 10.1: Definitions
party/entity in possession or control of the land who had directly or indirectly allowed a land-disturbiR
aGtivityLand-Disturbinq Activity391 or had benefited from such aGtiwfyLand-Disturbing Activity.
Fixture
The assembly that houses the lamp or lamps and can include all or some of the following parts: a
housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a
refractor or lens.
Flexible Development
A subdivision in which greater flexibility and design creativity is encouraged and allowed to preserve
agricultural and forestry lands, natural and cultural features, and rural community character that might
otherwise be lost through conventional development approaches. At least one-third (33%)of the land
within a Flexible Development subdivision must be set aside as open space which may be preserved
through:
a) An "estate lot"option where all land is subdivided into lots four acres or greater in size, building
lot area including setbacks are established on 50% of each lot, and the land area outside such
area is preserved as open space provided that front and side yard setback areas shall not be
counted toward meeting the minimum open space requirement except as specified by provisions
of Section 7.12.5(A); or
b) A"conservation-cluster" option where lot sizes are reduced and the land saved through such
reductions is preserved as open space on separate lots owned and maintained through a
homeowners association, a non-profit land conservancy or unit of state or local government; or
c) A"village"or modified cluster option where dwelling units are clustered around a village green
and supporting shops, and the village is surrounded by open space; or
d) Some combination of the above.
Floating Zoning District; Floating Zone
A zoning district that is defined in the text of the Ordinance but which is applied or mapped only upon the
approval of a rezoning application/petition.
Flood and Flooding
A general and temporary condition of partial or complete inundation of normally dry land areas from the
overflow of inland or tidal waters and the unusual and rapid accumulation of runoff of surface waters from
any source.
Flood Boundary and Floodway Map (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas and the
floodways are delineated. This official map is a supplement to and shall be used in conjunction with the
Flood Insurance Rate Map (FIRM).
Flood Hazard Boundary Map (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood Hazard
Areas have been defined as Zone A.
Flood Insurance
The insurance coverage provided under the National Flood Insurance Program (NFIP).
Flood Insurance Rate Map (FIRM)
An official, adopted Orange County map, issued by FEMA, on which both the Special Flood Hazard Areas
and the risk premium zones applicable to the county are delineated. This includes DFIRM.
Flood Insurance Study (FIS)
"I This definition has been revised to"Financially Responsible Party", in conformance with the state's most
current Model Ordinance and so as to include corporations, etc.
Orange County, North Carolina—Unified Development Ordinance Page 10-15
Article 10: Definitions 177
Section 10.1: Definitions
facilities, barns, dance hall and recreational facilities, including but not limited to riding rings, trails, fishing
holes and swimming facilities.
Habitable Rooms
Rooms designed and used for living, sleeping, eating, cooking, or combinations thereof. Bathrooms,
toilet compartments, closets, halls, storage rooms, laundry and utility spaces, basement recreation rooms,
and similar areas are not considered habitable rooms.
Hazardous Waste Management Facility
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 Natural Resources.Environmental Qualitv.392
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)
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.393
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
392 Correct/current entity name.
393 NEW DEFINITION—this definition generally conforms to NCDEQ's formal definition.
Orange County, North Carolina—Unified Development Ordinance Page 10-19
Article 10: Definitions 178
Section 10.1: Definitions
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
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 F61R-9f#runoff394 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 Systems
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)395
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
314 Consistent use of"stormwater runoff'.
311 NEW DEFINITION—this definition generally conforms to 15A NCAC 02H.1002 (Definitions).
Orange County, North Carolina—Unified Development Ordinance Page 10-20
Article 10: Definitions 179
Section 10.1: Definitions
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.
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 II)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 by any Person in residential, industrial, educational, institutional, or commercial
development, highway and road construction and maintenance396 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 Qoal+tyResources.39'
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.
39e Land-Disturbing Activity definition updated to match the NCDEMLR Model Ordinance.
397 Correct entity name.
Orange County, North Carolina—Unified Development Ordinance Page 10-21
Article 10: Definitions 180
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 rug-off stormwater
runoff398 from lands which have been disturbed by„«human399 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.
311 Consistent use of"stormwater runoff'.
391 Text correction—grammar fix.
Orange County, North Carolina—Unified Development Ordinance Page 10-32
Article 10: Definitions 181
Section 10.1: Definitions
Nursing Home
See Health and Personal Care Facility.
Nutrient Sensitive Waters NSW 110
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.
aoo Added appropriate acronym (NSW)for this definition.
Orange County, North Carolina—Unified Development Ordinance Page 10-33
Article 10: Definitions 182
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 Guarantee
A contractual financial obligation ensuring completion of approved development activities consistent with
the provisions of County, State, and Federal law.40'
Person
Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity.402
Personal Services
An establishment engaged in providing services generally involving the care of the person (e.g.
hairdresser, tailor, laundry, etc.).
401 NEW DEFINITION—clarification of Performance Guarantees is the focus of these UDO text amendments.
401 NEW DEFINITION—"Person" definition added to conform with the NCDEMLR Model Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 10-35
Article 10: Definitions 183
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 System403
Any conduit, pipe, channel, curb, or gutter for the primary purpose of transporting (not treating)run
effstormwater runoff.A Sstormwater Csollection Ssystem 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)404
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, evapotranspiration, post-filtration discharge, reuse of stormwater, or a combination thereof. A
StF6lGtural or non structural management based praGtice used singularly or On combination to reduce
nen pc)mnt SeUFGe PG1161tiGR to reGeiViRg waters in order to aGhieve water quality PFGteGtien and water
quantity limitatiOR gGals. (See The term
takes the place of what was�y-previously 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)405
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 (OMP) as "Attachment A" and shall meet the requirements of the
most current version of the NCDEQ Stormwater Design Manual.
4"This definition generally conforms to 15A NCAC 02H.1002 (Definitions).
404 This definition has been revised for general conformance with 15A NCAC 02H.1002(Definitions).
401 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 184
Section 10.1: Definitions
Stormwater, SCM Operation and Maintenance Plan (OMP)406
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 (OMA) as "Attachment A" and shall
meet the requirements of the most current version of the NCDEQ Stormwater Design Manual.
Stormwater, SCM Performance Guarantee407
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)408
A set of plans and supporting calculations prepared and sealed by 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) may 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 runoff409 in 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
401 NEW DEFINITION—this definition has been added in order to support applicable stormwater section(s)of this
Ordinance.
407 NEW DEFINITION -this definition has been added in order to support applicable stormwater section(s)of this
Ordinance.
408 NEW DEFINITION -this definition has been added in order to support applicable stormwater section(s)of this
Ordinance.
401 Consistent use of"stormwater runoff'.
Orange County, North Carolina—Unified Development Ordinance Page 10-56
Attachment 3 185
Approved 9.1.21
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 AUGUST 4,2021
4 ORDINANCE REVIEW COMMITTEE/TRAINING SESSION
5
6 NOTE: A quorum is not required for Planning Board Ordinance Review Committee meetings or Training Sessions.
7
8 Due to current public health concerns, the ORC meeting/training session was virtual. Members of the Planning Board and
9 staff participated in the meeting remotely.
10
11 MEMBERS PRESENT: David Blankfard (Chair), Hillsborough Township Representative; Randy Marshall,At-Large
12 Representative; Susan Hunter, Chapel Hill Township Representative;Alexandra Allman, At-Large Representative;
13 Melissa Poole, Little River Township Representative;Whitney Watson,At-Large Representative; Charity Kirk,At-Large
14 Representative;
15
16 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Coordinator; Patrick Mallett, Erosion
17 Control and Stormwater Supervisor; Christopher Sandt, Staff Engineer; Tom Altieri, Comprehensive Planning Supervisor;
18 Michael Harvey, Current Planning Supervisor;
19
20 AGENDA ITEM 1: CALL TO ORDER
21
22 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—PERFORMANCE GUARANTEES-To review
23 proposed UDO amendments related to performance guarantees.
24 PRESENTER: Christopher Sandt, Staff Engineer and Michael Harvey, Current Planning Supervisor
25
26 Christopher presented a PowerPoint Presentation on proposed amendments to the UDO regarding performance
27 guarantees and streamlining the terminology.
28
29 David Blankfard: To change the permitted start time from 18 months to 3 years seems like a long time to me.
30
31 Christopher Sandt: This is to match the state requirements and pertains to larger projects.
32
33 Patrick Mallett: The single family homes do usually start within 18 months.This pertains mostly to the bigger projects that
34 can take 5 to 8 years to complete.
35
36 Randy Marshall: Most are simply text revisions and not significant revisions, do you anticipate anything that will be
37 controversial that we should discuss?
38
39 Christopher Sandt: We are dropping the requirement for an SCM maintenance guarantee. What we ran into was the
40 legality that we can't take lead on performing work on private property. From a staff level we don't have the manpower to
41 track that.
42
43 Patrick Mallett: We have a good solid ordinance but there are conflicts and what we are proposing is eliminating a lot of
44 the confusion and matching up with the state.
45
46 David Blankfard: I still think 3 years is a little long to start moving dirt.When does Wake County and Durham County
47 have to get started?
48
49 Patrick Mallett: It varies, in Cary, for example, it's when land disturbing activity actually starts versus the preconstruction
50 meeting.
51
52 David Blankfard: Does anyone else on the Board have a problem with 3 years?
1
186
Approved 9.1.21
53
54 Melissa Poole: I don't think 3 years is unreasonable.
55
56 David Blankfard: Ok
57
58 ************************************
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Attachment 4 187
Approved 6.1.22
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 MAY 4,2022
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-Chair), Cheeks
7 Township Representative; David Blankfard, Hillsborough Township Representative; Statler Gilfillen, Eno Township
8 Representative;; Beth Bronson,At-Large Representative;
9 Randy Marshall,At-Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large
10 Representative; Melissa Poole, Little River Township Representative; Charity Kirk,At-Large Representative;
11
12 MEMBERS ABSENT: Delores Bailey,At-Large Representative;Vacant, Bingham Township Representative
13
14 STAFF PRESENT: Brenda Bartholomew, Interim Planning Director; Perdita Holtz, Special Projects&GIS Supervisor; Pat
15 Mallet, Erosion Control &Stormwater Supervisor, Chris Sandt, Staff Engineer;Tina Love,Administrative Support
16
17 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
18 Chair Adam Beeman called the meeting to order.
19
20 ****************************************
188
Approved 6.1.22
60 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—EROSION&SEDIMENTATION CONTROL,
61 STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS—To make a recommendation to the BOCC on
62 proposed amendments to the LIDO pertaining to provisions for erosion &sedimentation control, stormwater,
63 and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting and is
64 scheduled for BOCC public hearing on June 7,2022
65 PRESENTER: Chris Sandt, Staff Engineer
66
67 It was announced that, due to outstanding legal sufficiency review, this item would only be reviewed and would be brought
68 back at a later date for a recommendation. Chris Sandt and Pat Mallett reviewed this item and answered questions pertaining
69 to the UDO amendments.
70
71 Charity Kirk: To summarize,you're doing it to get in line with the state and there are some deviations but you think they will
72 pass.
73
74 Chris Sandt: Correct, Session Law 2021-121. The good news is we're good on all of these markups that went in front of all
75 the teams from the state and the only thing missing is the legal sufficiency review from the County Staff Attorney.
76
77 Randy Marshall: Orange County has been more inclined to protect the soil,water and air and the State has become more
78 conservative and want more opportunity for developers to have more discretion. We spend a lot of time changing our
79 ordinance to match the more conservative developer friendly language of the state and we can argue but they are in charge.
80
81 Whitney Watson: You mentioned several towns in Orange County in which Erosion Control and Stormwater has good
82 relationships and work but you did not mention Mebane. I am wondering because of the ways they are expanding by
83 annexation, by granting development and so I am wondering what that means for Erosion and Stormwater.
84
85 Pat Mallett: We have no involvement with stormwater and some involvement with Economic Development and the Capital
86 Improvements. I have a lot of involvement with everything on the Orange County side.Along West Ten and the ETJ.
87
88 Chris Sandt will send direct links from State regarding erosion and sediment control, Neuse Nutrient Strategy, Falls Lake
89 Nutrient Strategy and Session Laws and List of UDO Sections affected by Proposed Amendments
90
91 This item will come back to the Planning Board in June.
92
93 Chris Sandt: Some projects are multiple year construction.
94
95 Pat Mallett: Collins Ridge has had 3 approvals and Medline has had 2 renewals.
96
97 Chris Sandt: There is no renewal at the state level,we're trying to offer folks a way to renew without having to resubmit. You
98 may have to pay a fee for what is remaining after the 3 year deadline but that's half of what we would normally charge. So
99 that's what we're thinking. The staff attorney has to bless that and we didn't get any feedback from the state.We will be
100 bringing it back next month.
101
102 Beth Bronson: Can they renew it in perpetuity or is there a time limit like they would get 2 renewals before you have to go
103 back and put in a new application.
104
105 Pat Mallett: We are looking at like every 3 years you would have to renew it.
106
107 AGENDA ITEM 9: ADJOURNMENT
108 Meeting was adjourned at 8:10 p.m.
109
110
111 Adam Beeman, Chair
189
From: Ernest Odei-Larbi
To: Christopher Sandt
Cc: Patrick R.Mallett
Subject: [EXTERNAL MAIL!]RE:Orange County Unified Development Ordinance Revisions-UPDATED APRIL 2022****
Date: Monday,April 18,2022 1:41:29 PM
Attachments: innaae001.ona
innage005.ono
innaae006.ono
I have these two comments for now.I may send other comments if have other questions.Thanks.
1. The Town requires developers to post performance bond for land disturbance greater than an acre and also for installing stormwater control
measures.The text in Section 2.18.1 below,specifies Orange County bond requirement.This means the developer will be posting a bond with
Orange County and the Town of Chapel Hill.Developers will not be happy about it.
2. The Town's illicit discharge ordinance allow us to issue a STOP WORK ORDER.Do we need cordination with Orange County in situation where
there is illicit discharge on a contruction site inorder to issue a STOP WORK ORDER?
2.18.1 Generally
(A) Before commencement of any Land-Disturbina Activity in excess of the thresholds as
defined in the Orange County Watershed Matrix Table (Table 4.2.10 of this Ordinance).
,the owner or his/her
Financially Responsible Party shall obtain a Land Disturbing Permit
L( DP)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
Ernest Odei-Larbi,PE,CFM Senior Engineer I Stormwater Management Division I
_ Public Works Department 1208N.Columbia St.I Chapel Hill,NC 27514
Phone:919-968-27171 Fax:919-968-7276
From:Christopher Sandt<csandt@orangecountync.gov>
Sent:Tuesday,April 12,2022 4:11 PM
To:Ernest Odei-Larbi<eodei-larbi@townofchapelhill.org>
Cc:Patrick R.Mallett<pmallett@orangecountync.gov>
Subject:RE:Orange County Unified Development Ordinance Revisions-UPDATED APRIL 2022****
Importance:High
attachmentsExternal email:Don't click links or - - m wn f h Ihill r
Hi Ernest,
I'm sure you're extraordinarily busy,as we are here at the County. Apologies in advance for the additional work,but we wanted to ensure
your inclusion in our impending text amendments to the Orange County Unified Development Ordinance(UDO). In follow up to Pat's
notice to your office below,sent back in July 2021,we've since increased the scoping of the proposed text amendments to incorporate the
state's most current Model Ordinances for all things E&SC and Stormwater,as well as the recently adopted 2021 Neuse-Tar Pamlico
Rules. Frankly,this important UDO update is long overdue. Attached for your use are:
1. a Word file of the complete UDO,showing all proposed text amendments in TRACK CHANGES;
2. a PDF export of ONLY the affected pages within the LIDO(145 pages total);
3. a list of all the affected UDO sections.
We hope to hold the required public hearing for these proposed LIDO text amendments at the June 7,2022 BOCC meeting. So as to
meet that schedule and make agenda for the associated Planning Board meeting on May 4,2022,we kindly ask that you provide any
comments that the Town of Chapel Hill may have by 512m on April 22 2022(next Friday). Sorry for the somewhat short turn-around,but
alas we're at the mercy of the necessary long-lead public processes.
Thanks in advance for your input.
Regards,
Christopher J. Sandt, P.E.
Staff Engineer
190
Orange County Planning and Inspections Department
131 W.Margaret Lane(P.O.Box 8181)
Hillsborough,NC 27278
(919)245-2583(W)
(512)590-0359(M)
csandt0ora ngecounlync.aov
**working remotely**
I��
ORANGE COUNTY
NORTH CAROLINA
Pursuant to North Carolina General Statute 132,
correspondence sent and received from this account
is a public record and may be disclosed to third parties.
From:Patrick R.Mallett<pmallettPoranvecountync.eov>
Sent:Friday,July 30,20218:47 AM
To:Ernest Odei-Larbi<eodei-larbi(cDtownofchapelhill.org>;Allison Weakley<aweakley(cDtownofchapelhill.org>
Cc:Christopher Sandt<csandtPorangecountync.eov>;Craig Benedict<cbenedict(cDorangecountync.gov>
Subject:Orange County Unified Development Ordinance Revisions
Ernest and Allison,
Enclosed are LIDO text amendments to update applicable Stormwater and Erosion Control sections of our ordinance.
These revision seek to:
• Revise performance guarantee requirements for both subdivisions and stormwater management;
• Provide more equitable Land Disturbing Permit timeframes;and
• Update erosion and sedimentation control and stormwater management terms, definitions, requirements and standards so that they are
consistent with NC DEQ.
This item is in the initial stages of the process. We are currently conducting our internal peer/legal sufficiency reviews and have the item set for the
Planning Board's Ordinance Review Committee(ORC)agenda next week. I'm sending this out to all our municipal partners.Please review and share
with your staff as desired. We'd appreciate any input or ideas you have. If possible,we'd like to get anything you may have by 20AUG2021 so we can
fold in to the other peer contributions. Thanks for your partnership!
Very Respectfully,
Patrick R.Mallett,Erosion Control and Stormwater Supervisor
Orange County Planning&Inspections Department
ORANGE COUNTY
NORTH CAROLINA
Phone:(919)245-2577
Fax:(919)644-3022
E-mail:omallett(doran ecg ountync.eov
Orange County Planning Website:http://www.orangecountync.gov
Address:
131 W.Margaret Lane,Suite 201
P.O.Box 8181
Hillsborough,NC 27278
**Working remotely**
Pursuant to North Carolina General Statute 132,correspondence sent and received from this account is a public record and may be disclosed to third
parties.
191
TOWN OF CARRBORO
off` NORTH CAROLINA
W WW.TOWNOFCARRBORO.ORG
� CA
MEMORANDUM
TO: Christopher J. Sandt,P.E., Staff Engineer,
Orange County Planning and Inspections Department
FROM: Tina Moon,Planning Administrator
DATE: May 16,2022
SUBJECT: Joint Planning Review of Proposed Ordinance Amendments Relating to Stormwater
Management and Erosion Control
Thank you for the opportunity to review proposed text amendments to update Stormwater and Erosion
Control sections of the Orange County Unified Development Ordinance. We have reviewed the
documents you have provided,noting the intended purpose as described below, and find no conflict with
the Joint Planning Area Land Use Plan.
• Revise performance guarantee requirements for both subdivisions and stormwater management.
• Provide more equitable Land Disturbing Permit timeframes; and
• Update erosion and sedimentation control and stormwater management terms, definitions,
requirements and standards so that they are consistent with NC DEQ.
301 WEST MAIN STREET,CARRBORO,NC 27510*(919)918-7325-FAX(919)9184465-TDD(800)826-7653
AN EQUAL OPPORTUNITY PROVIDER