HomeMy WebLinkAbout9.7.22 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
WHITTED MEETING FACILITY
300 WEST TRYON STREET, SECOND FLOOR
I-IILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, September 7, 2022
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
INFORMATIONAL ITEMS
2• 3 - 4 a. Planning Calendar for September and October
APPROVAL OF MINUTES
3. 5 August 3, 2022 Training/Ordinance Review Committee (ORC) Notes
6 — 14 August 3, 2022 Regular Meeting Minutes
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.
6. CHAIR COMMENTS
No. Page(s) Agenda Item
7. 15 — 172 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 October 3, 2022.
Presenter: Chris Sandt, Staff Engineer
8. 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 ningboard .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
• • 1
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3
6 7 8 9 10
• BOCC Planning Board
Business 7:00 pm*
7 • Meeting
7:00 pm Whitted Bldg
Whitted Bldg.
11 12 13 14 15 16 17
Board of BOCC
Adjustment Work Session
7:00 pm 7:00 pm
Whitted Bldg. Southern
Human Svcs.
18 19 20 21 22 23 24
BOCC
Business
Meeting
7:00 pm
Southern
Human Svcs.
25 26 27 28 29 30 31
BOCC Joint
Meeting with
Schools
7:00 PM
Whitted Bldg.
Notes:
*Planning Board Member Attendance Required
Planning Board meetings are held in room 230 on
the second floor of the Whitted Building located at
300 W.Tryon St., Hillsborough,NC 27278
4
Sunday Monday Tuesday Wednesday Thursday Friday Saturday
1
Notes:
*Planning Board Member Attendance Required
Planning Board meetings are held in room 230 on the
second floor of the Whitted Building located at 300
W.Tryon St., Hillsborough,NC 27278
2 3 4 5 6 7 8
BOCC Planning Board
Business Meeting
Meeting 7:00 pm*
7:00 pm
Whitted Bldg. Whitted Bldg.
9 10 11 12 13 14 15
Board of
Adjustment
7:00 pm
Whitted Bldg.
16 17 18 19 20 21 22
BOCC
Business
Meeting
7:00 pm
Southern
Human Svcs.
23 24 25 26 27 28 29
30 31
Notes:
*Planning Board Member Attendance Required
5
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1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 AUGUST 3,2022
4 TRAINING SESSION AND ORDINANCE REVIEW COMMITTEE
5
6 NOTE: A quorum is not required for Planning Board Training Sessions and Ordinance Review Committee
7 meetings.
8
9 MEMBERS PRESENT: Statler Gilfillen, Eno Township Representative; Steve Kaufmann, Bingham Township
10 Representative;
11
12 STAFF PRESENT: Perdita Holtz, Special Projects & GIS Supervisor, Tyler Sliger, Planner II,
13
14 AGENDA ITEM 1: CALL TO ORDER
15
16 AGENDA ITEM 2: PLANNING BOARD TRAINING SESSION — Staff will lead training on various materials aspects of
17 land use planning in Orange County
18 PRESENTER: Perdita Holtz, Special Projects & GIS Supervisor
19
20 Perdita Holtz conducted a training session on the subdivision process.
21
22 Perdita Holtz announced there would not be a training session in September because she is going to be away.
23 Training will resume in October
24
25
26 AGENDA ITEM 3: ORDINANCE REVIEW COMMITTEE—UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—
27 NEIGHBORHOOD INFORMATION MEETINGS — To review proposed amendments to the UDO
28 pertaining to neighborhood information.
29 PRESENTER: Tyler Sliger, Planner II
30
31 Tyler Sliger presented the proposed text amendments to the UDO regarding Neighborhood Information Meetings.
32 There were no substantive questions or comments.
33
34
1
6
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1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 AUGUST 3,2022
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; David Blankfard, Hillsborough Township
7 Representative; Beth Bronson,At-Large Representative; Randy Marshall,At-Large Representative; Melissa Poole, Little
8 River Township Representative; Charity Kirk,At-Large Representative; Delores Bailey,At-Large Representative; Steve
9 Kaufmann, Bingham Township Representative; Susan Hunter, Chapel Hill Township Representative; Statler Gilfillen, Eno
10 Township Representative;
11
12 MEMBERS ABSENT: Lamar Proctor(Vice-Chair), Cheeks Township Representative;Whitney Watson,At-Large Representative;
13
14 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Perdita Holtz, Special Projects&GIS Supervisor; Pat Mallet,
15 Erosion Control, Stormwater&Engineering Supervisor;Tom Altieri, Comprehensive Planning Supervisor; Brian Collie,
16 Planner II; Tyler Sliger, Planner II;Tina Love,Administrative Support
17
18 OTHERS PRESENT: Ross Godwin;Amanda Griffin; John Griffin; Tony Johnson; Martha Griffin; Larry Sturdivant; Kevin Ray;
19 Dave Conner; Barbara Conner; Jessica Ostrowski;Valerie Brenner; Marilee McTigue; Susan Walser;Allie Reinnold; Tony
20 Blake; John McGuire; Stacey Gamble; Rob Greenberg; Jesus Bravo; Katherine Hayes; Bryna Rapp; Greg Rapp; Sadie Rapp;
21
22 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
23 Chair Adam Beeman called the meeting to order and introduced Cy Stober as the new Planning and Inspections Director for
24 Orange County.
25
26 AGENDA ITEM 2: INFORMATION ITEMS
27 a. Planning Calendar for August and September
28
29 AGENDA ITEM 3: APPROVAL OF MINUTES
30 June 1, 2022 Regular Meeting Minutes
31 June 1, 2022 Training Session Notes
32 July 6, 2022 Training Session Notes
33
34 MOTION BY Melissa Poole to approve the June 1, 2022 Regular Meeting Minutes and June 1, 2022 and July 6, 2022 Training
35 Notes. Seconded by Randy Marshall.
36 MOTION PASSED UNANIMOUSLY
37
38 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA.
39 There were none
40
41 AGENDA ITEM 5: PUBLIC CHARGE
42
43 INTRODUCTION TO THE PUBLIC CHARGE
44 The Board of County Commissioners, under the authority of North Carolina General Statute, appoints the
45 Orange County Planning Board (OCPB) to uphold the written land development law of the County. The
46 general purpose of OCPB is to guide and accomplish coordinated and harmonious development. OCPB shall
47 do so in a manner, which considers the present and future needs of its citizens and businesses through
48 efficient and responsive process that contributes to and promotes the health,safety,and welfare of the overall
49 County. The OCPB will make every effort to uphold a vision of responsive governance and quality public
50 services during our deliberations, decisions, and recommendations.
51
52 PUBLIC CHARGE
53 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its citizens to
54 conduct themselves in a respectful, courteous manner, both with the Board and with fellow citizens. At any
55 time, should any member of the Board or any citizen fail to observe this public charge, the Chair will ask the
56 offending member to leave the meeting until that individual regains personal control. Should decorum fail to
7
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57 be restored,the Chair will recess the meeting until such time that a genuine commitment to this public charge
58 is observed.
59
60 AGENDA ITEM 6: CHAIR COMMENTS
61 Chair Beeman reviewed the rules for the public and noted the 3 minute limit policy to address the Planning Board
62
63 AGENDA ITEM 7: ZONING ATLAS AMENDMENT(CONVENTIONAL DISTRICT) —To review and make a recommendation to the
64 BOCC on an applicant-initiated zoning atlas amendment to rezone a 3.67 acres of a 4.83 acre parcel from
65 AR(Agricultural Residential)to NC-2(Neighborhood Commercial) (1.19 acres)and LC-1 (Local
66 Commercial) (2.48 acres).
67 The parcel's address is 3026 White Cross Road in the Bingham Township(PIN 9749-40-2351). This item is
68 scheduled for the BOCC public hearing on September 6, 2022.
69 PRESENTER: Brian Collie, Planner II
70
71 Brian Collie presented a PowerPoint presentation and reviewed the proposed zoning atlas amendment. The applicant's
72 representative did not have a presentation.
73
74 Steve Kaufmann: There seems to be a lot of overlap of allowed uses between the two zones here.
75
76 Clarification was made that there was no current overlap in the NC-2 and AR zones which is why the request is to change all
77 the AR zone to commercial with a mix of NC-2 and LC-1
78
79 David Blankfard: Where is the physical structure going to be located on the property?
80
81 Brian Colllie: That is not part of what is before the Planning Board,this is simply for the rezoning process.
82
83 David Blankfard: Can we put conditions on the approval?
84
85 Adam Beeman: No, if approved it would come back.
86
87 Perdita Holtz: The site plan review would be a staff review.
88
89 David Blankfard: How much of property could they build upon if rezoned? What I'm getting at is, is there is going to be a
90 building there, how many parking spaces and I would like for the building to be in the original NC-2, and put the parking in the
91 LC-1. Switch what is in AR now to parking.
92
93 Pat Mallett: AR doesn't allow for parking as a principal use so that wouldn't be an option.
94
95 David Blankfard: Once we change it, it's open season,they can do whatever they want for parking and building.
96
97 Statler Gilfillen: If this is approved,what is the maximum size structure they can put on this site and what would be the
98 parking spaces.
99
100 Perdita Holtz: I have done a quick calculation based on floor area ratio for NC-2 and using a quick calculation,the maximum
101 building area would be about 43,000 sq.ft. It is very unlikely they can meet that with erosion control standards. Parking
102 spaces are based on the use that goes in.
103
104 David Blankfard: Is that number based on runoff, impervious surfaces?
105
106 Perdita Holtz: This is in an unprotected watershed so there is not a maximum impervious surface.
107
108 Pat Mallett: In addition to that math, it never gets to that level because you have stormwater control measures, a wet pond.
109 You also have performance buffers and buffers along the road. Parking is based on use and can range from being based on
110 number of employees or based on square footage and that ranges from 1 space for every 200 sq.ft. and so forth. When you
111 do the math it doesn't physically fit.
112
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113 David Blankfard: Applicant,what is your vision for the building.
114
115 Ross Godwin: The intent is to put a general retail store there. The building is typically about 10,000 sq.ft.,typically on about
116 an acre and a half.
117
118 Randy Marshall: Our deliberations are solely based on changing the zoning without any acknowledgement of what is going to
119 be there and even if we were told, it could change. All this discussion would take place when they come back to submit a site
120 plan and all the regulations would be discussed at that point, not at this point. We are talking about issues that are beyond the
121 scope of our deliberations. We are talking here about making a zoning change without taking into account what development
122 might come in. It's the way the process works. It is a separate process to discuss what will go there. I don't think we should
123 get ahead of ourselves and I think a lot of people here believe they have an idea of what is coming there but that is not to be
124 taken into consideration in our deliberations tonight. The argument about what should go there is not part of our decision. It
125 would be future decisions about what is permitted or not permitted.
126
127 Beth Bronson: I'm in agreement with what Randy has stated in that this is a rezoning of the portions of the parcel that are
128 Agricultural Residential currently while there is existing NC-2 on that corner of the one single lot. It is in a Rural Activity Node
129 and there are multiple businesses that are zoned for commercial use within a Rural Commercial Activity Node and there is a
130 Rural Neighborhood Node further down the road on 54 as well. There are future land use plans for that intersection at White
131 Cross based on what has already been zoned in that area. I want to ask if you (David) if NC-2 could be recommended but not
132 the LC-1 or portions or what use it could actually be.
133
134 David Blankfard: What I was thinking was that we limit the building construction to being in what is now NC-2 and have
135 parking in what is proposed to be changed to LC-1.
136
137 Pat Mallett: Back when zoning was applied in this township for the first time and throughout the County they would draw a
138 zoning line around the building and maybe parking and there are numerous instances where they didn't even capture the
139 parking. If it were being zoned for the first time now it would be all or nothing and the entire parcel would be zoned the same.
140 In addition to that there is a policy that the building use and the parking is part of that use and well and septic have to be on
141 the commercially zoned portion of the property.
142
143 Beth Bronson: If they were to rezone part of the AR to NC-2, it would max out the amount of NC-2 allowed, 10 acres?
144
145 Brian Collie: For NC-2,for LC-1 there would be 1.34 acres left out of 10 acres for LC-1 for that node.
146
147 Perdita Holtz: For the Conventional Districts but there are other ways to do things with Conditional Districts;the Node
148 maximums do not apply to Conditional Zoning, only to Conventional Zoning.
149
150 Adam Beeman: Conditional District allow us to set conditions? This one we don't have that ability.
151
152 Perdita Holtz: That's correct.
153
154 Beth Bronson: For that list of what is prohibited in LC-1 and NC-2,for our reference where can we find that Table of Permitted
155 Uses.
156
157 Brian Collie: On the website under Section 5.2 of the UDO and if you want to send me an email I can send it to you.
158
159 Delores Bailey: Can you explain again how much land between the two parcels?
160
161 Brian Collie: It is all one parcel with 1.6 acres zoned NC-2 and 3.67 zoned AR for a total of 4.83 acres.
162
163 Delores Bailey: Thank you, I understand Randy's explanation of what we're here to do but if it were my community, I would be
164 concerned about what is getting ready to happen there when the zoning changes. It is very hard not to, especially since the
165 applicant didn't give any information for us, it's very hard to understand what the need is to change it,the rezoning. Do you
166 want to take a minute to share from the applicant's point why they feel like they need to change the zoning?
167
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168 Ross Godwin: A portion of that site is zoned commercial and we are looking to rezone the rest of the parcel to commercial for
169 a general retail store.
170
171 Sue Hunter: Is there any other information you can provide?
172
173 Ross Godwin: Not at this time.
174
175 Melissa Poole: So they already own this property and part of it is zoned commercial and you are saying that the typical space
176 is 10,000 sq.ft. as an average, do you have a building plan already and can you give us a more definitive building size that is
177 going to go here? Is it going to sprawl or is it going to be multiple stories?
178
179 Ross Godwin: No,just one story and typically that average is about 10,000 sq.ft.
180
181 Randy Marshall: I believe that really goes beyond the scope of what we are trying to . . . .
182
183 Melissa Poole: I know, just for my sake, I wanted to know.
184
185 Randy Marshall: To some extent those questions are unfair of the developer because they are not required to give that
186 information and it makes it appear that they are hiding something if they don't provide that information. But it's not required
187 information that we need to take into account to approve or not approve the rezoning.
188
189 Statler Gilfillen: I differ with what you said. We are rezoning something for which they could put, regardless what they put on
190 there,there is a maximum size. They may say 10,000 now but it goes through the approval process, maybe it's going to be
191 20,000, maybe it's going to be a 30,000 sq.ft. building. I have to look at what is the maximum use of this property if we grant
192 them the rezoning. That I think is fair within our purview to look at. I am not disagreeing with you on principles like what are
193 you going to do now unless they want to tell us. Do they have an actual contract with the company if this succeeds? Which if
194 I'm hearing right,you don't right now. You have an interest but not a formal agreement with somebody, right?
195
196 Ross Godwin: Correct.
197
198 Statler Gilfillen: I think we need to consider that if this gets approved,what could they put on that property that maxes it out
199 which may or may not impact the neighbors that live there.
200
201 Charity Kirk: What are the sizes of the stores in the area? How much parking do they have? Is the potential of merging all
202 the lot going to allow for a building that doesn't match the character in the area.Allowing a large building on a single property.
203 What is the square footage of the buildings in the area?
204
205 Overlapping conversations
206
207 Charity Kirk: Based on reading the emails, people are pretty sure what is going to go in there and I think more of a concern is
208 the character changing in the area.
209
210 Staff reviewed on-line tax assessor information and determined that some of the commercial building sizes in the area were:
211 7,066;4,280;8,800;2,700; 1,680 square feet.
212
213 Charity Kirk: So 10,000 is large for the area but not out of character. The question for me and the neighbors is a very large
214 building or a larger building does not fit the character that they are looking for. If we allow this lot to be developed it would
215 max out the all of the LC-1 and NC-2 for that area rather than having separate small businesses. Is that what we want or is
216 that what the neighborhood wants. There is talk about the Goals and Objectives of the Comprehensive Plan so it's coming
217 down to the Goals and Objectives of the Comprehensive Plan is it to just continue to push development of any kind?
218
219 Cy Stober: No, in fact mitigating sprawl is an objective of the Comprehensive Plan and in general promoting consistent
220 character is also a thread throughout that Plan. However, in the Rural Commercial Activity Nodes,there is no distinction
221 between types of commercial or intensity of commercial. It simply is to encourage commercial in these areas of up to a certain
222 threshold so that is the basis for the staff finding.
223
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224 Charity Kirk: So we're meeting that threshold with it?
225
226 Cy Stober: Yes,that's staff interpretation and the basis of our recommendation.
227
228 Delores Bailey: If, as Randy mentioned, this is not the place for the community to talk about the use that is going to be on the
229 parcel,where is that in the process?
230
231 Overlapping conversations
232
233 Adam Beeman: Regardless of if we approve or deny it here tonight, it is going to the Board of County Commissioners.
234
235 Charity Kirk: It's still related to just what we're talking about, it's not related to any businesses on it.
236
237 Adam Beeman: But when it gets to the Board of County Commissioners, they are the only people that you can sway to say
238 yea or nay. They are going to be the ones willing to take on any litigation, if they deny the request and it doesn't meet—if the
239 applicant meets all the requirements and has done everything he is supposed to do and we say no,we have to have a reason
240 why we said no that is legitimate.
241
242 Charity Kirk: We can come up with a legitimate reason.
243
244 Delores Bailey: My question of process is when does the community get to say what they think.
245
246 Cy Stober: If it is approved by the Board of Commissioners,there will be no further opportunity for the community to have any
247 input on the use. It will come before staff and staff will review the site plan and ensure conformance with the UDO use
248 standards. Unless it's a Special Use Permit, in which case it would go to the Board of Adjustment,which would also be a
249 public hearing.
250
251 Overlapping Conversations
252
253 Amanda Griffin: I'm Amanda Griffin and I'm a homeowner in this very small community. I live on Everett Lane across from the
254 proposed rezoning lot and I wrote a treatise, I didn't know there was going to be a limit. I'm just going to have to bullet point
255 some of my main topic points here. I see that the Statement of Consistency does recommend for approval because it states it
256 moves acreage from residential to commercial and that it is in an area that is already more developed. I urge you to take the
257 following into consideration. As discussed,this lot is substantially located within a resource protection area. This may not
258 have any legal significance currently but it is talked about in the Comprehensive Plan. Land Use Goal 1, Objective 1.1 issues
259 that it is to avoid higher density, higher intensity development in area with protected cultural resources which is a direct
260 opposition to the current rationale used in the Statement of Consistency for this application. Also extending the lot's existing
261 commercial zoning by a substantial 3.67 acres seems to inevitably promote higher density and higher density development
262 which according to the Comprehensive Plan, should be avoided, specifically related to resource protections areas.The lot also
263 falls into Rural Community Activity Node, Land Use Goal 2, Objective 2.4 applies directly to these rural crossroad communities
264 and issues guidance to identify whether current regulations permit appropriate development that is in character with these
265 communities,which I say strongly, this is not. Land Use Goal 1, Objective 1.1 further calls for sustainable development
266 checklist to evaluate and report on whether both proposed developments are quote"compatible with existing natural, cultural
267 resources and whether they will enhance community character". I believe this directly concerns this rezoning proposal;as
268 discussed there's a possibility there could up to 40,000 sq.ft. unit or maybe just a 10,000 sq.ft. proposed for this. It is
269 dramatically out of character for our local crossroads community and would be a tremendous change from what exists there
270 already. Also,this will eat up nearly 5 acres of valuable commercial development that could be used on more valuable
271 properties or will better serve the community. I also do believe that the language used in the Comprehensive Plan and Land
272 Use Goals makes the planned use of this lot not only relevant but in fact imperative to consider when making this rezoning
273 decision. The application does state the intended use of this lot is for retail sales which is greatly redundant in our community.
274 We have a local grocer, Bravos Market, which serves local produce, local meat and dairy,they employ locally, are owned
275 locally and sits on locally owned land. A large chain store would directly threaten them and take locally circulated money and
276 distribute it elsewhere. The zoning application submitted says quote"this rezoning should meet the intended purpose of the
277 Orange County Comprehensive Plan to provide retail sales to the community"this seems a woefully inadequate consideration
278 of the Comprehensive Plan and a redundancy in our neighborhood. Thank you.
279
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280 Tony Johnson: I am a brand new resident in Orange County,just completed my house this past week. So, I'm excited to hear
281 and see what is going on. One of the things that I do want to mention or bring up is what this gentleman said,you can't take
282 into account what is going to be built there. To me that's the entire point of this rezoning. You can't into account, once you do
283 this rezoning, they can put anything they want to on that lot that means the minimum standards of the UDO. So you can't
284 control it at all, this is your one opportunity to stand up for this group of citizens and recommend rejecting this rezoning
285 because otherwise no one has any control over what happens. This is your opportunity to have that control. Thank you.
286
287 Dave Connor: My name is Dave Connor and my address is 1820 Arthur Minnis Road. I was listening to the description of the
288 project and the zoning reclassification, I'm stuck by the statement that this would not contribute to sprawl. If I take the
289 maximum,the worst case scenario of 43,000 sq.ft.that is mentioned by staff,just half that gives me a 20,000 sq.ft.facility
290 with 100 parking spaces, unless my math is wrong. Now the nearest facility with anywhere near that size is Carrboro Plaza
291 which only 7 minutes down the road. If one envisions a 20,000 sq.ft. retail facility and 100 parking spaces,that looks a lot like
292 Carrboro Plaza which is the nearest similar commercial right down NC 54. How can that possibly not be considered sprawl.
293 You've basically leapfrogged that sort of high intensity retail use, 7 miles further down the road conveniently located to serve
294 Alamance County and Chatham County down local roads. You're about to approve a very high intensity commercial facility
295 that will be mainly serving the residents of Alamance County which is very close by. Closer in fact than Carrboro Plaza or
296 Chatham County which is even closer. That is urban sprawl by anybody's definition and I don't think it meets the primary
297 standard of the Comprehensive Plan which is to prohibit that type of urban sprawl particularly in state highways(inaudible)
298 that's all I wanted to say.
299
300 Barbara Connor: My name is Barbara Connor and I live on Arthur Minnis Road as well and I have lived in a place where they
301 change the Comp Plan all the time and therefore your Comp Plan has no meaning. If you have a plan and you have zoning it
302 should leave it as it. If it's done for a reason and we don't need something like this in this community. That's why I oppose it.
303
304 Jessica Ostrowski: I'm Jessica Ostrowski, I live on Wabash Road which is off Carl Durham Road pretty close to the area in
305 question and I just want to say I am also opposed to the rezoning. I feel very similarly to others who have spoken. I am not
306 opposed to development,we were all super excited when Bravos opened,we love the other businesses that are out there. 1
307 will say that the size of the property and size of the proposed development is an issue for the reasons that other people have
308 stated and I am in favor of smaller developments that are more in character of the community. Thank you.
309
310 John Griffin: I am just going to read what I submitted by email in case anyone here hasn't read it. My name is John Griffin
311 and I live in White Cross on Everett Lane which is a private lane just across the way from the proposed rezoning. My wife and
312 1 chose to move to Orange County because it's the best county I've ever been in. It's close to developed metropolis and it's a
313 great place for us to be. We built a house,we're actually in the process of building a house and we want to have family and 1
314 want to offer some thoughts that I have been coming up with the last few days since I learned about this. Rural Orange
315 County NC has a long history of trade and agricultural self-reliance dating back centuries,while state and nation-wide
316 economic forces encouraged neighboring counties to invest in major commercial and industrial infrastructures, generations of
317 Orange County residents chose to keep much of the commercial growth out of their forests,watersheds and country
318 crossroads. Today, residents continue to choose rural Orange County as their home and haven away from industrial and
319 suburban sprawl. Our county is indeed precious and unique for its preservation of home and land. The Orange County 2030
320 Comprehensive Plan enshrines these ideals in its stated values. The people here have made a good way of life without the
321 blight of low-paying, low-quality corporate retail at their rural crossroads. So right now this application for zoning atlas
322 amendment at 3026 White Cross Road at the corner of NC-54 is before the Orange County Planning Board. The applicant
323 has a record of seeking commercial rezone for small box chain dollar stores. However,the rural crossroads at White Cross
324 and NC-54 is well served by established and locally owned retailers like Bravos Market and Whitecross Market whom a new
325 chain dollar store, for instance,would seek to disrupt and out compete. White Cross aka Bingham Township even has an
326 historical preservation landmark at White Cross School whose artist tenants would be forced to look out their tall windows at a
327 corporate chain retailer when instead,they could see a locally owned, locally named mom and pop cafe,a post office, an
328 occupied house or the grassy piedmont meadow sitting there now. Moreover, the approval of this application to rezone would
329 set a sad precedent, the incursion of predatory, low quality, low paying chain retail throughout rural Orange County. This is
330 the first of its kind so you guys have a really important decision to make today. I implore you, Orange County,to deny this
331 application in the spirit of historical, rural Orange preservation and values for commercial development set forth in the Orange
332 County 2030 Comprehensive Plan.
333
334 Tony Blake: I am a former member of the Planning Board here, it's been awhile but I recall this same proposal coming up
335 before. Exactly the same parcels, same proposal, same idea and it strikes me that this is a game played in Orange County
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336 where an equity partner or whatever will come in and get the rezoning and then resell the property at profit. I don't object to
337 people making profits but I really just wish that the process was better aligned to show that kind of a motive to show the
338 speculating. I think that speculation is a problem here and the second thing is that I understand you guys are an advisory
339 board and I understand the Planning Department has to approve things that are within the boundaries of the UDO but I urge
340 you to really take a closer look at stuff like this and get the word out to the community, use social media,we've exchanged
341 emails on this. Use the social media to get this out because I think once people are aware of it, they come out and that is what
342 should be. I live down White Cross Road and I'll come out and say that I oppose this thing but for the reasons I stated not
343 because of what it is but because of the way it is being held. Thank you.
344
345 Stacy Gamble: My name is Stacy Gamble and everybody here in the community has already spoken and said it so eloquently.
346 1 have lived in Orange County since 1987, 1 am a member of the Trails Community which is by White Cross and you all are the
347 banks to the river here so we rely upon your judgement which is very confusing to me when you don't have all the facts. I am
348 not sure why the process is like that, it seems to me like that should be something that is addressed. This is a pretty big issue
349 all the growth that is going on in Chapel Hill alone is mind blowing. We've all gone out to that community because we don't
350 like that,we love our love our little places like Bravos and Fiesta Grill and everything else. This retail big box chain probably
351 won't even pay a living wage, is something that is not welcome and I oppose it. I would imagine if more people in my
352 community knew about this they would be here too. They will be here on the 6t". I greatly urge you to really consider who you
353 represent and that is us as a community not these chains. Thank you.
354
355 Jesus Bravo: I own Fiesta Grill and Bravos Market and the reason I am here is to oppose but first of all I have had Fiesta Grill
356 for 20 years and I have been trying to expand and why you guys are going to put something like this, this big when I have
357 been trying to expand and now you guys are going to put something this big on that corner right there? How's it going to
358 happen? I have Bravos Market and I am very lenient on how many employees I can have, I have a lot of restrictions and 1
359 don't know why you guys are going to approve this. Also,they are having a lot of accidents there and of course this is going
360 to bring more people, more cars, more everything and it's going to be bad. I am opposed to that.
361
362 Sade Rapp: I am Sade Rapp and I live on Morrow Mill Road and I've lived there all of my 25 years except for 4 years in
363 college. I just learned about this rezoning today and I know that I reached out to,and a lot of people in my community were
364 reached out to and that I personally reached out to friends and family and specifically people that live very close to us, live on
365 our road and very,very few of us were able to make it today. I have talked to them I've talked to people and I am representing
366 my own ideas and beliefs but I am also speaking on behalf of a number of my friends, neighbors,family living on Morrow Mill
367 Road. I understand that commercial development is important and I am not inherently opposed to commercial development.
368 There's so much greatness that has been brought to White Cross and our community through commercial development and
369 that it brings in money for the County but I do have concerns about bringing in outside businesses at the expense of our
370 locally owned and operated ones because that is a net loss for our community if those local businesses are pushed out
371 because of the places being offered at an outside owned store. I'm certainly concerned about the non-tradionality of whatever
372 permit would happen but that may be my lack of understanding that sort of thing. I truly believe that this squanders an
373 opportunity for new or expanded locally owned and operated businesses to be created in this area and it is concerning for a
374 company to be coming from outside that does not have this mutual relationship with our community where they know the
375 community and have a vested interest in its vitality and its character the way that we have. I truly can't imagine that wouldn't
376 damage the character of this little community just through the amount of trees that would have to be taken down. Really the
377 core of my opposition to this recommendation is that there are too many unanswered questions to the environmental impact
378 and traffic impacts. I think to do this sort of rezoning that was recommended in the summer when people are out of town or
379 busy with farm work seems at best questionable and likely irresponsible. Thank you.
380
381 Delores Bailey: Can I ask about the timing of the notice that went out, it seemed rather shortened. It seemed to be at least a
382 month's worth of time before the hearing happened.
383
384 Perdita Holtz: It is a 10-day minimum notice and we sent it out like 15 days in advance.
385
386 Delores Bailey: A statement that was made was that this has been here before?
387
388 Perdita Holtz: Not to my recollection, I hate to have to contradict Tony.
389
390 Tony Blake: It was this exact parcel.
391
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392 Perdita Holtz: I don't know Tony,full disclosure to everybody, I live within the 1,000 foot notification boundary and I don't
393 remember this parcel ever being up for rezoning.
394
395 Delores Bailey: What would keep Bravos from being able to expand?
396
397 Pat Mallett: Septic
398
399 Delores Bailey: Would that not be the same problem for whatever structure they decide to put here?
400
401 Cy Stober: They would size the septic for the structure at that time. As part of the new structure the septic tank would be
402 placed in the ground at the same time the foundation is being laid.Any expansion of Bravos or Fiesta Grill would require
403 replacing the existing septic tank with a larger one.
404
405 Beth Bronson: Based on the details of the rezoning requests, it would seem that construction wants to go for the whole
406 parcel, right? Not piecemeal from what is zoned for LC-1 and NC-2? The intention is to develop the entire 4.8 acres?
407
408 Ross Godwin: That is correct, obviously we would be abiding by the County UDO.
409
410 David Blankfard: If we approve this zoning change,that takes away the ability to further develop the rest of the intersection, is
411 that correct.
412
413 Adam Beeman: There would be 1.3 acres left for someone.
414
415 David Blankfard: So if we do not approve it the community could have 4 parcels that could be built instead of just 1,
416 hypothetically?
417
418 Adam Beeman: It's been available for a long time,that node has been there for a while.
419
420 David Blankfard: I'm saying you could have 1 now or 4 in the future.
421
422 Statler Gilfillen: I am hearing a number of things, I'd like to compliment the number of people that have shown up and spoken
423 and the politeness. What this Board will do we'll vote on something that will affect their personal lives. I will assume that any
424 final approval we give, if we are pro, has to be based on the ability of the owner to do a worst case scenario,the maximum.
425 That is a potential. We approve it and they could tell us they are going to put a 3,000 sq.ft. building plus parking but once the
426 approval is in they can do what they want under the law. I have not heard from the people asking for the rezoning, any
427 justification supporting a specific local need of a corporate store versus all the small local businesses that are going in. It
428 raises the question that if this a potential or corporate store,what will be developed could be out of context and out of scale to
429 what is there and seems to be servicing the local community.
430
431 Charity Kirk: On a similar vein, I also feel that the potential size is out of character in the neighborhood both away from Hwy
432 54 and just the large parcel compared to the other parcels so I want that to be taken into consideration whether it's a dollar
433 store or something else. The potential for being out of character with the neighbor needs.
434
435 David Blankfard: I don't think we know what the setbacks are, I think the square footage that we have right now is based on
436 zero setbacks and zero buffers.
437
438 Charity Kirk: Even a 10,000 sq.ft. building is a bit out of character for this area and what would be allowed considering how
439 deep that parcel is—just my comment.
440
441 David Blankfard: Setbacks,sewer system,well, buffers and all of that,there is a reason why most of the properties out there
442 are 2,000 sq.ft. again this is probably going to be around 2,000 sq.ft. once the civil people get in there and figure it out.
443
444 Statler Gilfillen: If we were to approve this what is the maximum that could go in, I've not heard that information so it leaves
445 me questioning will this or will this not be under the context of the community. Could we be doing harm to the community.
446
447 David Blankfard: That is something that the applicant should present at the County Commissioner's meeting.
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448
449 Cy Stober: Perdita already shared that the maximum is roughly one acre of footprint for the building. That's the floor area
450 ratio exclusive of parking, septic,well, etc. Just under a 5 acre parcel that leaves an abundance of room for those plus
451 stormwater if the disturbed area exceeds one acre of disturbance so it is conceivable that it could be the footprint. That is the
452 maximum buildout potential of our cursory research.
453
454 Perdita Holtz: Whether it's actually feasible on the ground would require a site plan which is not required at this stage.
455
456 Steve Kaufmann: I drove out to the area this weekend to see the parcel,White Cross and 54, and it didn't seem like that big a
457 deal to me. It's less than 5 acres, it's across from a gas station but actually I have memories of the place because I used to
458 teach out of the White Cross School for 2 to 3 years when I rented space there. It's a very old funky space so to compare the
459 footage of that 10,000 sq. ft.to another 10,000 sq.ft.doesn't do it justice because this is like a very old wood structure that is
460 far off the road. It is one story and it is filled with artists and the stores around there are all the same as I remember from 25
461 years ago. It's like funky, kind of cool. It has a character, a personality,so I am moving away from the square footage idea
462 just on the makeup of the energy of that place and uniqueness and I was struck by that. I was curious to hear what everyone
463 had to say tonight and to me that is an important part of my decision process. It's an important element because if I just look at
464 the paperwork, it's less than 5 acres, it's on a corner, it's across the street from a gas station,that doesn't seem like a big deal
465 to me but actually there is more to it than that and I wanted to throw that out.
466
467 Randy Marshall: I'd like to remind people that what we've been asked to do here is to take a piece of property that is double
468 zoned and make the property fully zoned for commercial retail space. That is all that the request is.
469
470 MOTION BY Randy Marshall that the proposal is consistent with the Goals and Objectives of the adopted 2030 Comprehensive
471 Plan that is Land Use Goal 3 and Land Use Goal 5 of the Comprehensive Plan and that the amendment is reasonable and in
472 the public interest because it furthers the goals of the adopted Comprehensive Plan. Seconded by David Blankfard.
473 MOTION FAILED 6-4(KIRK,GILFILLEN,POOLE,HUNTER, BAILEY,KAUFMANN
474
475 Melissa Poole: I held my statement until after the vote. I am a huge proponent of commercial development in Orange County.
476 We are 80%dependent on residential taxes and that is not sustainable and it is leading to, unintended I think,to the
477 gentrification of Orange County. We are seeing houses built that are 300,000 to 500,000 dollars now. Everyday people are
478 not going to be able to come and live in our wonderful community. With that said, I voted no, I do agree with Randy that it is
479 consistent but I voted against RTLP for a lack of transparency and I agree with David. This is going to go to the Board of
480 County Commissioners either way, I would strongly suggest there be a little more transparency with the BOCC.
481
482
483 "NOTE:The following item was pulled from the agenda prior to the meeting by request and will be presented at a future
484 Planning Board meeting"
485 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—EROSION CONTROL&SEDIMENTATION
486 CONTROL,STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS-TO MAKE A RECOMMENDATION TO THE
487 BOCC ON PROPOSED AMENDMENTS TO THE UDO PERTAINING TO PROVISIONS FOR EROSION&SEDIMENTATION
488 CONTROL,STORMWATER AND PERFORMANCE GUARANTEES.
489 PRESENTER: Christopher Sandt, Staff Engineer
490
491
492 AGENDA ITEM 9: ADJOURNMENT
493 Meeting was adjourned at 8:52 p.m.
494
495
496 Adam Beeman, Chair
15
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 7, 2022
Action Agenda
Item No. 7
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.
16
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
October 3, 2022 BOCC meeting / public hearing.
17
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
18
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
19
ARTICLE 2: PROCEDURES
DECISIONREVIEW AND • - - SUMMARY
TABLE
The following table providesa brief synopsisof the reviewand decision-making processes for
development applications.
BILE 2.11: REvIEW AND DEcISION MAVJNG AUTHORTIES
KE-
ZONINGIDEVELOPMENT EROSION DEVELOPMENT
REVIEW RELATED PLANNING CONTROL ADVISORY OF PLANNING BOCC
PROCEDURES DIRECTOR OFFICER COMMITTEE ADiuSTMENT BOARD
. •
Zoning Compliance R and DM R R
Permits
Sei�Erosion and
Sedimentation Control R and DM
P &Plans'
Stormwater Management R and DM
Plans SMPs 2
LIDO Text Amendments R R R[1] DM and
PH
Zoning Atlas DM and
Amendments R R R[1] PH
Special Use Permits R R R DM and EH
Zoning Variances R R DM and EH
Appeals/Interpretations R R DM and EH
Comprehensive Plan R R[1] DM and
Amendments PH
Subdivision Related
Procedures
Exempt R and DM
Minor R and DM R R
Major R R R R and DM R and
[2] DM
Conditional District R R R R[1] R,DM,
and PH
Appeal
NOTES
[1] The Planning Board reviews applications and makesa recommendation priortothe publichearing held by
the Board of County Commissioners.The Board of County Commissioners maychoose to refer an
application backto the Planning Board at the conclusion ofthe public hearing.
[2] The Planning Board approves the Concept Plan for a Major Subdivision and then makes a
recommendation on the Prelim inaryPlatto the BOCC.
APPLICATIONS
2.2.1 Authority to File Applications
(A) Applicationssubmitted underthisOrdinance shall be submitted by the landowner, as
identified by the recordsof the Orange County Tax Office, or their authorized agent.
i Consistentuse of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions).
2 Added appropriate acronym for Stormwater Management Plans.
Orange County, North Carolina— Unified Development Ordinance Page 2-1
20
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.
ZONING •
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
OrdinanseaOrdinance, 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),
4 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.
s Reference to new Table 4.2.10within new Section 4.2.10,for land disturbancethresholds.
4 Text correction—reference to the applicable Land Disturbing Permit(LDP).
Orange County, North Carolina— Unified Development Ordinance Page 2-7
21
(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.
tHL 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.
{ky(I1 Projects needing a Performance Guarantee
s-6shall abide by the provisions of Section 2.27 of this Ordinance.?
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 "La nd-Disturbing Activities"is correctlynoted 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.
Cons i stent with Session Law 2019-79,and to avoid confusi on,staffhas created a central section addressingthe
revi ew/process i ng/a ccepta nce of Performa nce Gua ra ntees for projects involvingthe issuanceofa Zoning
CompliancePermit or Subdivis ion finaI platapprova1. This is a s i mple reference to the new section dealing with
Performance Guarantees.
Orange County, North Carolina— Unified Development Ordinance Page 2-8
22
(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 Mmanagement Pialans 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 2-10
23
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-
Disturbingdistw4aing Activityast+4y 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 of lmproveme4#sLPerformance Guarantees
letter of r-,r4adit by aA approved iAGtit61#GA-.
(C) P-inr to icciianro of aAY cif@ Pl@n @Ppr@Val the gWaF@nt@@ shall be apprr y0d by t�hoo
CQ Aty Attornov
thg satisfar-tion of the County prior to of the zoning c;omplianGa per
(A) If a Performance Guarantee is required, the provisions of Section 2.27 of this Ordinance
shall apply.$
8 Consistentwith Session Law 2019-79,and to avoid confusion,staff has created a central section addressingthe
review/processing/acceptance of Performance Guarantees for projects i nvolvi ngthe issuanceof a Zoning
Orange County, North Carolina— Unified Development Ordinance Page 2-12
24
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 Activityclisturhinn
ashy 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 platapproval. This is a simple reference to the new section dealingwith
Performance Guarantees.
Orange County, North Carolina— Unified Development Ordinance Page 2-13
25
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 Sei4-Erosion and Sedimentation Control Provisions9
(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 g4""erosion 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.
CONDITIONAL
2.9.1 Conditional Districts
(A) Generally
9 Ti tl e of Section 2.8.10 revi sed so a s to match the na mi ng conventions of other secti on ti tl es related to "Erosion
and Sedimentation Control Plans"as defined in 15A NCAC 02H.1002(Definitions).
10Text correction—deleted "s".
"Text correction—deleted "soil".
Orange County, North Carolina— Unified Development Ordinance Page 2-28
26
(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;
GF9dit by an approved instWj#Gnany necessary Performance Guarantees
for required improvements; and guarantee of installation of any required
road signs;
(d) A copy of the Final Plat indicating approval of the plan to control
sedimentation and erosion during construction of improvements. Where
an Erosion and Sedimentation
Control Plan12 is required, it shall comply with the provisions of Section
6.15 of this Ordinance. If an
panErosion 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 15ANCAC 021-1.1002(Definitions).
11 Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15A NCAC 021-1.1002(Definitions).
Orange County, North Carolina— Unified Development Ordinance Page 2-44
27
(a) Approve the application; or
(b) Approve the application with conditions; or
(c) Deny the application.
Performance Guarantees shall be reviewed in accordance with the provisions of
Section 2.27 of this Ordinance.14
(4(71—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.
14 Reference to new section.
Orange County, North Carolina— Unified Development Ordinance Page 2-45
28
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 Plan16gepre1 and Stormwater Management Plan;
1s Reference to new section.
1e Consistent use of"Erosion and Sedimentation Control Plan"as defined in 15ANCAC 021-1.1002(Definitions).
Orange County, North Carolina— Unified Development Ordinance Page 2-50
29
(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
(j) The County Attorney to review the format and appropriateness of
proposed restrictive covenants, homeowners association agreements,
road maintenance agreements, Piaerformance 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 Consistentuseof"Performance Guarantees".
Orange County, North Carolina— Unified Development Ordinance Page 2-51
30
(4) If the Board of County Commissioners approves an amendment to the phasing
plan, it may require reasonable additional conditions of approval of the
unapproved final plat(s).
2.15.4 Final Plat
(A) Prior to approval of a Final Plat, the subdivider shall have installed the improvements
specified in this Ordinance or guaranteed their installation as provided in Section 7-42.27
of this Ordinance.18
(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 7-42.27 of this Ordinance.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 a letter of Qpadit or ap esrzrow agr4aerneptany 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
RsrmitConditional 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 Consistentuseof"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 2-55
31
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.
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), starting
a_
IJAiVOrSity Lake, GaA@Graek, or Upper , the owner or his/her 44Y
appe+Ated agentFinancially Responsible Party shall obtain a Land Disturbing Permit
L( DP) 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 asturhing Parmot. LDPs must be obtained prior to the start of the land
dis#arhanseLand-Disturbi ng Activity.
(C) Every permit-LDP issued by the Erosion Control Officer shall expressly prohibit open
burning of trees, limbs, stumps and construction debris associated with the permitted
astkAtyLand-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 P_'i4h d�;+i irhi Pg
ac;tMtiesLand-Disturbing Activities.
23 Section 2.18 title updated to includeappropriateacronym 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.
25 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 disturbancethresholds specificto each watershed within Orange County, 2)
better refl ect current sta nda rd operati ng procedures for obta i ni ng a La nd Di sturbi ng Permit,3)i ncl udethe
requirement for a performa nce gua ra ntee ifanSCM is required as partof Land-DisturbingActiviti es,4)repl ace the
term "duly a ppoi nted agent" with "Financially Res ponsibleParty"so as to match the Defi nitions section of thi s
Ordinance,and5) reference the new Section 6.22.
Orange County, North Carolina— Unified Development Ordinance Page 2-59
32
(1) Filling activities include, but are not limited to, construction of road crossings,
sewer or utility line installations, grading, placement of spoil from ditching or other
excavations, or placement of fill for commercial or residential development.
(2) A wetlands determination and specific permit requirements may be obtained from
the Raleigh Field Office of the U.S. Army Corps of Engineers.
Orange County, North Carolina— Unified Development Ordinance Page 2-60
33
2.18.2 Application Requirements
(A) An application for a Land Disturbing Dormitan 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 Permitan LDP.
2.18.3 Exemptions
AnNo p + 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 dis#-rhapses-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.
(r-)(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 Land-Disturbi ng 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 PermitaLDPs
(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 LDP28apprevad under this
Ordinance. Erosion and Sedimentation Control Plans associated with an approved
LDPAppFevals shall expire three (3) years2912 months after the LDP approval date,
unless the Land-Disturbing Activity is started as defined in (C) below.
(B) Land Disturbing Permits LDPs 30
(1) An LDP L APd DictUrbinn Permit must be obtained before beginning the
dis#, rbapse-Land-Disturbing Activity and may be obtained at any time as long as
the associated Erosion and Sedimentation Control Plan AppKeua-approval31_is
valid.
z6 "Erosion Control Plan"replaced with "Erosion and Sedimentation Control Plan"as defined in15ANCAC
02H.1002(Definitions)-NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of
Section 2.18, where applicable.
21Added criti ca I 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
i nherently I i nked to the 3-yea r expi rati on ofthe LDP.
29 Three yea rs i s the current expi ration ti me fra me for LDPs.
30 Original sub-section 2.18.5(B)(2)has been deleted entirely.
31 Text correction-deca pita I i zed"approval".
Orange County, North Carolina- Unified Development Ordinance Page 2-61
34
(2) Land Ilisfiirhinn P"rMitSUD1254 eVnlre With the evpiratinn of the F_=QrQ5;0QA QPd
ser#imenta#inn (`nntrnlnnntrnl nlapDlan Approval apprnnl �
disti-rhanoe 1and-d0st-shin haS bQgan Area@ the rdisti Irhanne lanrd_
rdisfi irhin begins the I -DRa I ap`t Dist irhinn Dermi# is valid for a perind of
oc�n�o�-�n�co crn�-v.vzvmm��
two years Stal4ffiAg With th@ GQMM@nG@MA_Pt Of
the dicta irhanrelanit_rtis#i irhin
as defined in (G) helAW
(3}(?1 The I @Ad -Dicta irhinn Parma+LDP must be renewed every two LLyears, from �a
asis � th the first I DR ropgwal re i iirert nn later than if the rdis#i irhano
t��,n @ „ears af4w the start of activity as defined in (C) below... Tharp is n^
ardrditinpal fee assnriatod yiith I DR repw.yals repoyial fee is one half the OF09OA91
fee aprd the permit is valid for 34
(C) Start of Activity
For the purpose of determining the expiration date of the Erosion and Sedimentation
Control PlanContml RlaA A euQl_-approval35-and/or I an,� pis-+„rhino oen;*the
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 ��r Erosion and Sedimentation Control PlanC^ntr�I plap37 shall be prepared for all Land-
Disturbing Activities subject to this Ordinance whenever the proposed aLand-Disturbing
Activity exceeds the thresholds as defined in the Orange County Watershed Matrix (Table 4.2.10
of this Ordinance).38
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.39'
2.19.2 Application Requirements
(A) An application for approval of an Grngrinn Erosion and Sedimentation Control PlanCoAtrell
Doman shall be filed with the Erosion Control Officer on forms provided by the Planning
Department.
(B) Thfea-One electronic copy and two hard copies40 of the Er�i^n Erosion and
Sedimentation Control Plan GQAtrQl P19A shall be filed with the Erosion Control Officer.
"Text serTestien_d ap*talezed nnrpwd
'
iw^e ye@Fs @ 4fir.St@rtiRgthe '- .J_niqt�-rbi.,g Ac;tm ,it�'_RG 1n 431 fee—
34 Edit(s)based on Legal Sufficiency Review comments.
"Text correction-decapitalized"approval".
"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 02 H.1002(Definitions).
" "Erosion Control Plan"replaced with "Erosion and Sedimentation Control Plan"as defined in15ANCAC
02H.1002(Definitions)-NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of
Section 2.19, where applicable.
38 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 disturbancethresholds s pecificto each watershed within Orange County.
39 Added new Ianguagesoas to comply with the state's current E&SC Model Ordinance.
40 Req u i ri ng one el ectron i c copy a nd two ha rd copi es wi I I a I low for effi ci ent Depa rtmenta I fi I i ng of pl a ns a nd wi I I
avoidthe need for staff to scan hardcopies.
Orange County, North Carolina- Unified Development Ordinance Page 2-62
35
(1) The Erosion Control Officer shall forward one copy of the Fr9i^n Erosion and
Sedimentation Control PlanCOAtrOL Plan to the Orange Soil and Water
Conservation District at least 30 days prior to the commencement of the
proposed as#+vityLand-Disturbing Activity.
(C) The Erosion Control Officer shall forward one copy of the Frei^^ Erosion and
Sedimentation Control PlanCeatMI Plan to the Director of the NC Division of Energy,
Mineral, and Land Resources41 for any 'and dict„rhipq ar,ti"it,�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 Plans42
(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).43
In order to be considered complete, a plan submitted for approval must contain the
proposed F=MS'^A Erosion and Sedimentation Control PlanGQA4e1 Rlaaa, 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 ptaO-Erosion and Sedimentation Control Plan required by this section shall
contain such architectural and/or44 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 plan-Erosion and Sedimentation Control Plan shall comply with all applicable
State and local regulations for erosion and sediment control.
(3) Erosion and Sedimentation Control Plante content may vary to meet the needs
of specific site requirements.
(C) Review of Other Environmental Documents
(1) Any ptaO-Erosion and Sedimentation Control Plan submitted for a Land-
Disturbing Activity 1@Pd-dmst---rb*AQ a^tiWy 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 Frsi^n Erosion and Sedimentation Control PlanCeOtKO, Plan
is conditioned on the applicant's compliance with Federal and State Water
Quality laws, regulations, and rules.
(D) Financial Responsibility and Ownership
41 Appropriate Division name.
42 Text correction—added "s".
43 E&SC plans mustfollowthe most current Chapter 4and Design Manual guidelines.
44 Text correction—added "/or".
Orange County, North Carolina— Unified Development Ordinance Page 2-63
36
(1) Erosion and Sedimentation Control PlansPlans may be disapproved unless
accompanied by an authorized statement of financial responsibility and
documentation of property45 ownership. This statement shall be signed by the
Financially Responsible Party46 for the Igpd-
Land-Disturbing Activity or his/hero' attorney-in-fact.
(2) The statement shall include the mailing and street addresses of the principal
place of business of: (1) the Financially
Responsible Party, (2) the owner of the land, and (3) any registered agents.
(3) If the Financially Responsible Party is not a
resident of North Carolina, a North Carolina agent must be designated in the
statement for the purpose of receiving notice of compliance or non-compliance
with the plapErosion 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 Ern�inn
Erosion and Sedimentation Control PlanSeptrel Rlap must include the owner's
written consent for the applicant to submit a draft Er lion Erosion and
Sedimentation Control PlanSeatrOl P4aa and to conduct the anticipated land-
Land-Disturbing Activity.
f4(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.48
2.19.4 Review by the Soil &Water Conservation District
(A) The Orange Soil and Water Conservation District shall review the Ernes iQp Erosion and
Sedimentation Control PlanCertrel Rlap and submit any comments and
recommendations to the Erosion Control Officer within 20 days after the Soil and Water
Conservation District received the€=esieaErosion 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 Conservation49 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 ��nn Erosion and
Sedimentation Control PlanCn^+��.,.� .
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
contains the required components as defined in Section 2.19.3 of this Ordinance50 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 rejection, and of the appropriate review fees. An Erosion and Sedimentation Control
4s Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
46 "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.
41 Text correction—added "/her".
48 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
49 Text correction-clarification.
so Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina— Unified Development Ordinance Page 2-64
37
Plan submittal is not considered complete until the appropriate review fees have been
paid in full.51
(A41(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 POGGipt th&:90f Will notify the Erosion and Sedimentation Control Plan that it hag;
bae:tapplicant in writing that the complete Erosion and Sedimentation Control Plan has
been:
(1) Approved,
(2) Approved with modifications, or
(3) Approved with ronrlitionc
(4) Approved with performanGe 52
(5)(3) Disapproved.
(&)LqL Examples of approvals with modifications include 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;
(4}U_Requiring the person fiAaAGmally res pens i bleFinancially Responsible Party to
retain the services of a professional engineer or architect to supervise
implementation of the approved F�i^n Erosion and Sedimentation Control
PlanCoptrgl Plan.
(C-)(D) Disapproval of an Erosion and Sedimentation Control Plante must specifically state in
writing the reasons for disapproval.
2.19.6 Timeframe for Review of AJav_53Erosion and Sedimentation Control Plans54
Failure by the Erosion (control Offiger to approve approve with ronditionc approva with
GO
�-An Erosion and Sedimentation Control Plan shall be deemed approved if not
otherwise acted upon by the Erosion Control Officer within 30 calendar days of the Erosion
Control Officer's determination that the Erosion and Sedimentation Control Plan submittal is
complete.56
2.19.7 Required Revisions
(A) If, following commencement of a Land-Disturbing Activity/ pursuant
to an approved plan rosion and Sedimentation Control Plan, the Erosion Control Officer
determines that the plan- rosion and Sedimentation Control Plan is inadequate to meet
the requirements of the s9i_57erosion and sedimentation provisions of this Ordinance, the
51 Added clarification herethat a plan submittal is notconsidered complete until review fees are paid.
51 "Approved with conditions"and"Approved with performance reservations"have been eliminatedbasedon
most current NCAC changes(15A NCAC 0413.0118),revised based on NCDEQ peer review comment.
53 Edit(s)based on Legal Sufficiency Review comments.
54 Text correction-added "s".
This secti.,.,WaS clarified/refined based 0-R NGDEQ peer or,+
56 Edit(s)based on Legal Sufficiency Review comment from July28,2022.
51 Deleted "soil".
Orange County, North Carolina- Unified Development Ordinance Page 2-65
38
Erosion Control Officer may require any revision of the p a�Erosion and Sedimentation
Control Plan that is necessary to comply with the&0i 58erosion and sedimentation
provisions of this Ordinance.
(B) After approving an �R�n^ Erosion and Sedimentation Control Plan l@A, if the
Erosion Control Officer, either upon review of such Erosion and Sedimentation Control
Plan an 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 Plan.
(C) Pending the preparation and approval of a revised FrSinn 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
Foiliir� the Fme inn GQ_Atrnl Q-ffl ror fn rliso rQy@ o
at
Sodomentatmon Control Plan.Failure to approva, approva with r-oAditions, approve with
deerned approval of the p! �A revised Erosion and Sedimentation Control Plan shall be
deemed approved if not otherwise acted upon by the Erosion Control Officer within 15 calendar
days of the Erosion Control Officer's determination that the Erosion and Sedimentation Control
Plan submittal is complete.61
2.19.9 Time-frame- fnr Response to Review Comments62
(A) The applicant for the Erosion and Sedimentation Control Plan shall submit written
responses to a05�63all written review comments from the Erosion Control Officer and shall
submit a revised Erosion and Sedimentation Control Plan.fhQ norsnn or firm si bmi#inn
an Frnsinnornsinn onrl sorlimonfotinn Goptrol Dlon rnnfrnl Ion foils to rosnnnrl f
- .. itt@P G0Fr@8PQAd@Pc;@ withip 90 days, the ErQ9iQA GQPtrQI OffiGer shall ass, rne that
Or WP
(B) The Erosion Control Officer shall give warning in writing to the person or firm submitting
the 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 Ordinance64 Gresiep Erosion and Sedimentation
Control PlanSeAtrel PIaa review fees are not refundable.
2.19.10 Erosion and Sedimentation Control Plan Amendments
(A) Applications for amendments to-Gf an approved G1:99'Qn Erosion and Sedimentation
Control Plan senrel_p in written and/or graphic form may be made at any time under
the same conditions as the original application.
68 Deleted "soil".
69 Text correction—added "s".
4B Th0<-gRcti ,r,.,ar GIarifio.J/rofir.,.J has.,.J.,r nll"n Cn peepFevipv,PAMPALant
61 Edit(s)based on Legal Sufficiency Review comment from July28,2022.
11 Title of Section 2.19.9 was refined to better reflection section content.
63 Edit(s)based on Legal Sufficiency Review comments.
64 Reference to "this Ordinance".
Orange County, North Carolina— Unified Development Ordinance Page 2-66
39
(B) Until such time as said amendment is approved by the Erosion Control Officer, the lap-
Land-Disturbing Activities shall not proceed except in accordance with
the Frei^p Erosion and Sedimentation Control PlanCeotml Plan as originally approved.
(C) The provisions of subsection 2.19.7 (B)and (C) of this Ordinance65 shall also apply to
amended Fr^gi^nErosion and Sedimentation Control Plans.
2.19.11 Consideration of Applicant's Past Performance
(A) The Erosion Control Officer may disapprove an Fmsinn Erosion 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 Land-Disturbing Activity
without an approved Fr^� Q600Ai^n Erosion and Sedimentation Control Plancoptml
P4ap, or has received notice of violation of an Gr^c�Q9iQAi^n 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 Energy, Mineral, and Land Resources66 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 Frsi^n Erosion and Sedimentation
Control PlanCeptrel Rlaa was disapproved.
2.19.12 Erosion and Sedimentation Control Plan Available 4aUOnG7 Site
A copy of the approved Frei^^ Erosion and Sedimentation Control PlanCePtel Rlaa 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.68 at
all
2.19.13 Notice of Activity Initiation
No Pperson may initiate a Land-Disturbing Activity before notifying the
Erosion Control Officer of the date that Land-Disturbing Activity will begin.
66 Reference to "this Ordinance".
66 Appropriate Division name.
61 Text correction—replaced"of" with "on".
68 Added languageso as to complywith the state's current E&SC Model Ordinance.
Orange County, North Carolina— Unified Development Ordinance Page 2-67
40
2.19.14 Preconstruction Conference
When deemed necessary by the Erosion Control Officer a preconstruction conference may be
required and shall69 be noted in the
Ip ans 70
2.19.15 Transfer of Plans71
(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 .
69 Edit(s)based on Legal Sufficiency Review comments.
70 Revised per NCDEQ peer review comment (15A NCAC 0413.0120).
71 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 2-68
41
AUTHORIZATIONSTREAM BUFFERS—USE 2.20.1 Use Authorization Certificate
(A) Application Requirements
(1) An application for a Use Authorization Certificate shall be filed with the Erosion
Control Officer on forms provided by the Planning Department.
(2) Complete applications shall include the following:
(a) The name, address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
(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.
(13) 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 4wality Resources of the North Carolina Department
EMPk4rGAMA-Pt A-Ad NIA- iral Rocniirroc of- Environmental Quality_(NCDEQ)72 for a
decision.
STORMWATER MANAGEMENT Stormwater Management Plan
(A) Application Requirements
72 Correction of entity name.
73TitleofSection 2.21 revisedto includethe text "PLANS (SMPs)"soasto differentiate Section 2.21from Section
6.14 andto includethe appropriate acronym for Stormwater Management Plans(SMPs)—NOTE: "Stormwater
Management Plan"and"SMP"are integrated through the remainder of Section 2.21,where applicable.
Orange County, North Carolina— Unified Development Ordinance Page 2-69
42
(1) Ana liGatinn fnr aTnrnk49l Of 2-WrPAVAAar MAAa9@mant Dlan (SMP) shall be
filad yiith tha Crnsinn r`nnfrnl rlfrar nn fnrr9ls nrG�Ad@d by tha Dlanninn
9eyaFtMsAt.A 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).74
(B) Plan Requirements
(1) An ry proposed permanent
Stormwater Control Measures (SCMs)75 must be shown as part of the
2tnrm�ni@4ir mananamept Dlan SMP and must accompany the
PiauLand Disturbing Permit (LDP76 application submittal packaciee77. SCMs are
tsshall78 bQ OA aawrdaprze with the meet the requirements of the most current
version79 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 Ordinance8o,81 must be
included in the LDP application submittal package82.
(3) SCMs that are designed, constructed and maintained in accordance with the
most current version83 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, the84 approved accounting tools85, and
the86 requirements listed in Section 6.14 of this Ordinance87 will be presumed to
meet the required performance standards of Section 6.14 of this Ordinance88.
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 Ordinance89.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any
R4ASMP which is in conformance with the performance standards specified in the most
74 Section 2.21.1 (A) updated soas to reference the "Orange County Watershed Matrix Table(located in new
Section 4.2.10 for determining land disturbancethresholds specificto each watershed within Orange County.
71 "Stormwater Control Measures"iscorrectlynoted to match the Definitions section ofthis Ordinanceandthe
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.
71 "Land DisturbingPermit"is correctly noted to match the Definitions section ofthis Ord inanceandthe
appropri ate acronymfor Land Disturbing Permit(LDP) is included—NOTE. "Land Disturbing Permit"and"LDP"
are integrated through the remainder of Section 2.21,where applicable.
77 Cons istentuse of"application submittal package'.
78 Text correction—grammar fix.
79 Cons i stent reference to"most current versions"ofSubchapter 02H and the NCDEQ Stormwater Design Manual.
81 Edit(s)based on Legal Sufficiency Review comments
81 Added the text "as applicable",sincenutrientexport caIcuIationsare not required inthe Cape Fear River Basin.
82 Cons istentuse of"application submittal package'.
83 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
84 Text correction—added "the".
81 Text correction—added "s".
81 Text correction—added "the".
87 Consistent reference to"this Ordinance".
88 Consistent reference to"this Ordinance".
89 Consistent reference to"this Ordinance".
Orange County, North Carolina— Unified Development Ordinance Page 2-70
43
current version90 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 Plana Prerequisite
The Erosion Control Officer is not authorized to issue any permits-l-DPs for development
on any land that is defined as new development under Section 6.14 of this Ordinance
unless and until an SMP in compliance with the
requirements of this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction Stormwater Control Measures
When a permanent nutrient export reduction SCM is required for new development to
meet the requirements of this Ordinance, a North Carolina registered professional
engineer shall prepare the SMP with the Engineer's Certification of Stormwater
Management affixed, signed, sealed and dated.
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.
90 Consistent reference to"most current version"of the NCDEQ Stormwater Design Manual.
Orange County, North Carolina— Unified Development Ordinance Page 2-71
44
(b) 1 year (365 days) in cases involving the appeal of an Ordinance
amending the LIDO,
(c) 3 years (1,035 days) in cases involving an appeal based on an alleged
defect in the adoption process of an Ordinance amending the UDO.
2.26.6 Water Supply Watershed Critical Area Boundary Line
Appeal applications disputing the Planning Director's decision regarding the location of a Water
Supply Watershed Critical Area boundary line shall be accompanied by:
(A) A survey prepared by a North Carolina registered land surveyor or professional engineer
depicting the differences between.-
(1) The locational criteria in Section 4.2,
(2) The official Watershed map on file in the Planning Department, and
(3) The boundary line the applicant asserts is correct.
(B) A detailed explanation describing the differences in the three boundary lines contained in
(A) above.
2.26.7 Flood Regulations
(A) Any property owner who has received an order to take corrective action in accordance
with Section 9.7 may appeal the order to the local elected governing body by giving
notice of appeal in writing to the Floodplain Administrator and the clerk within ten
business days following issuance of the final order.
(B) The local governing body shall hear an appeal within a reasonable time and may affirm,
modify and affirm, or revoke the order.
2.26.8 Soil Erosion and Sedimentation Control Plansi
(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, of an Fri^^ Erosion and Sedimentation
Control Plan shall be governed by the following provisions:
(1) The disapproval or modification of ,
attached to any proposed ��^^ Erosion 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.
91 Consistentuseof"Erosionand Sedimentation Control Plan"as defined in 15A NCAC 02H.1002(Definitions)—
NOTE. "Erosion and Sedimentation Control Plan"is integrated through the remainder of Section 2.26,where
applicable.
Orange County, North Carolina— Unified Development Ordinance Page 2-78
45
(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 Emsinp Erosion and Sedimentation Control Plan.
(d) The Board of County Commissioners will render its final decision on any
F=ms4pp Erosion 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 Laand-Ddisturbing Aactivities
occurring within the corporate limits of the Towns of Chapel Hill,
Carrboro, and Hillsborough, and the City of Mebane.
(b) Hearings held pursuant to this sub-subsection shall be conducted by a
designated agency of the appropriate town or city board within 30 days
after receipt of written demand, as provided for in (A)(2) above.
(c) The said designated agency shall make recommendations to the
appropriate town or city board within 30 days after the date of the
hearing on such Esi^^ Erosion and Sedimentation Control Plan.
(d) The said appropriate town or city board will render its final decision on
any F�^^ 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 Frsi^^ Erosion 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 Iapd-dis;ti bipq aGti.i+„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.
Orange County, North Carolina— Unified Development Ordinance Page 2-79
46
2.26.9 Stormwater Management Plan
(A) Appeals of the Erosion Control Officer's decision on a Stormwater Management Plan
(SMP)92 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 PtormwateK
PP@A@9om9n# ^I@^SMP upon which a hearing is requested within 30 days of receipt of the
recommendations from the Planning Board.
2.26.10 Appeal of Stop Work Orders Regarding Stormwater Management Plan93 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 Soi I Erosion and Sedirnenta to on Control
Erosion and Sedimentation Control Plan94 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 95 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 imorotements, applicants shall submit a Performance Guarantee
application for processing in accordance with Section 2.2 of this Ordinance. Applications
92 Reference to the appropri ate acronym for Stormwater Management Plan(SMP)—NOTE. "SMP"is integrated
through remainder of Section 2.26,where applicable.
93 Consistent reference to"Stormwater Management Plan".
94 Consistent reference to"Erosion and Sedimentation Control Plan".
95 Deleted "soil".
96 NEW SECTION.
Orange County, North Carolina— Unified Development Ordinance Page 2-80
47
shall be reviewed for compliance with applicable standards contained within Section 6.22
of this Ordinance.97
(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 (DAM, 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 followim
(1) Insufficient financial guarantee for required work consistent with Section 6.22 of
this Ordinance:
(2) Financial lending institution issuing guarantee is not authorized to do business in
North Carolina;
(3) Submitted estimates are deemed inconsistent with applicable industry norms.
(4) Noncompliance with provision of this Ordinance.
(F) If approved, all Performance Guarantees are conditioned upon the performance of all work
necessary to complete the specified improvements.
97 Reference to new section 6.22.
Orange County, North Carolina— Unified Development Ordinance Page 2-81
Article 4: Overlay Zoning Districts 48
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 StormwaterCsontrol MRReasures(SCMs)are required in some cases where density
JORDAN-PW exceeds 1 dwelling unit per acre. Referto Section4.2.5.
BACK-PW
Orange County, North Carolina— Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts 49
Section 4.2: Watershed Protection
4.2.5 Impervious Surface and Detention Pond98 Requirements for Residential Uses
TABLE 4.2.5.1: IMPERVIOUS SURFACE REQmEmEws (RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE REQUIREMENTS (RESIDENTIAL)
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90,which are subjectto 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 eitherbe a minimum of2 acres in area,exclusive of any right-of-wayor access
easement,orcreated in accordance with established densityregulations through the
subdivision process to qualifyfor additional im pervious 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 subjectto
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 m inim um 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 qualifyfor 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
ResidentiallmperviousSurfaceRatios—Upper Eno). [1], [2]
6% impervious surface limit.
EXCEPT for lots which existed priorto 1/1/94,which are subjectto 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 acres in area,exclusive of any right-of-way or access
easement,orcreated in accordance with established densityregulations through the
subdivision process to qualifyfor additional impervious surface allocation as detailed in
Section 4.2.8(C).
FLAT-PW 12%impervious surface limitfornew and existing lots.[1], [2]
HYCO-PW
12%impervious surface limitforexisting and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2]
30%impervious surface limitfor 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 Storm water CsontrolMri-easures(SCMs)are required
if impervious surface exceeds 12%.
70%impervious surface lim itfor residential uses developed at"high intensity'densities
(R-5,R-8,and R-13)in an Economic Development Districtas designated in the Land Use
Elementofthe Comprehensive Plan(high-densityoption)with SCMs if ISR exceeds12%.
24%impervious surface limitwith curb and gutter.
36%impervious surface limitwithout curb and gutter.
[1], [2]
70%impervious surface lim itfor residential uses developed at"high intensity'densities
L-ENO-PW (R-5,R-8,and R-13)in an Economic Development Districtas designated in the Land Use
Elementof the Comprehensive Plan(high-densityoption),with Storm water Management
Plans SMPs)and/or Storm water 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 maybe modified in accordance with Section 4.2.8 of the UDO.
98Removed reference to"Detention Ponds"as that language isirrelevantandmisleadingtoreaders.
99Removed reference to"Detention Ponds"as that language isirrelevantandmisleadingtoreaders.
100Removed reference to"Detention Ponds"as that languageisirrelevantandmisleadingtoreaders.
Orange County, North Carolina— Unified Development Ordinance Page 4-7
Article 4: Overlay Zoning Districts 50
Section 4.2: Watershed Protection
IMPERVIOUSDISTRICT •
[2] Regardless of the proposed amountof impervious surface area,a StormwaterManagementPlans(SMPs)
a nd/o r Sto rm wate r Co ntrol Measure(SCM) may still be required based on the proposed amountofIand
disturbance on a given parcel of property in
accordance with applicable Orange Count 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 • •
UPPER ENO
SQUARELOT SIZE(ACRES) ISR SQUARE
Cells in black DO NOT applyto the Upper Eno
• 3.1 9.8 13,234
• • •.: 3.0 10.0 13,068
• 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
• 2.3 11.4 11,421
2.2 11.6 11,116
• 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 51
Section 4.2: Watershed Protection
•- 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 1 9.6 1 13,382 0.2 15.6 1,359
4.2.6 Impervious Surface, Detention Pond, 101 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 REQUIREMENTSN-RESIDENTIAL
DISTRICT
UNIV-CA 5-acre minimum lotsize,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 lotsize AND
6% impervious surface limit.[1],[2]
5-acre minimum lotsize with potential of up to five lots as small as two acres forlots 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 ofthe first inch of stormwater runoff;AND
a limitof 1.0%of the watershed for non-residential use(139 acres in CANE-PW). [1], [2]
2-acre minimum lotsize 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 ofthe first inch of stormwater runoff;AND
a Iimitof 1.0%of the watershed fornon-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
Elementofthe Comprehensive Plan(high-densityoption)with Stormwater Management Plans(SMPs)and/or
Sstorm water CsontrolMmeasures(SCMs)if ISR exceeds 12%; AND
50%ISR for all fire stations and solid waste collection centers outside of Commercial and/orCom mercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Elementofthe 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/orCommercial-Industrial Nodes as
designated in the Land Use Elementofthe Comprehensive Plan; AND
on-site infiltration ofthe first inch of stormwater runoff;AND
Alimitof1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163acres
throughout BACK-PW(1%). [1], [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 stormwaterrunoff_AND
Iimitof 1%of the watershed for non-residential use(37 acres in HYCO-PW, 66 acres in FLAT-PW). [1], [2]
101Removed reference to"Detention Ponds"as that language is irrelevantand misleadingto readers.
102Removed reference to"Detention Ponds"as that language is irrelevantand misleadingto readers.
103Removed reference to"Detention Ponds"as that language is irrelevantand misleadingto readers.
Orange County, North Carolina— Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts 52
Section 4.2: Watershed Protection
TABLE 4.2.6: KEQUI REIW=(NON-RESIDENTIAL)
DISTRICT
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
JORDAN-PW 24%impervious surface limit. [1], [2]
[1]Allowable impervious surface area maybe modified in accordance with Section 4.2.8 of the UDO.
[2] Regardless ofthe proposed amountofimpervious surface area. a Storm water Management
Plan(SMP) and/ora Stormwater Control Measure(SCM) mav104sbe required in accordancewith applicable local and State
standards based on proposed land disturbance and/ora 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 amountof
im pervious surface for non-residential uses throughoutthe watershed,not by the overall num berofacres 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/ _PGq 105
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:
104 This footnote has been revised to match the same format as that used in Table4.2.5.1.
105 "Detention Ponds"replacedwith "Stormwater Control Measures(SCMs)."
Orange County, North Carolina— Unified Development Ordinance Page4-10
Article 4: Overlay Zoning Districts 53
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 (by Orange County) and recordation (by the land owner(s)) of a
Ddeclaration of(impervious Ssurface Re-Allocation form
(provided by Orange County) and a corresponding scaled exhibit map. The Ddeclaration
of limpervious Ssurface Rre-Aallocation formdoouaaeot and corresponding scaled exhibit
map must clearly describe@ the proposed site
modifications, inclusive of the allowable impervious area(s) for each affected lot in
square feet), the amount of existing Q-Ad pKegessd impervious area(s) for each affected
lot (in square feet), and the amount of proposed impervious
area() 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).106 107
(C-4LQ)—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
106 Section 4.2.8 revised to better reflect current practice.
107 Edit(s)based on Legal Sufficiency Review comments, clarifying requirements of documents.
Orange County, North Carolina— Unified Development Ordinance Page4-11
Article 4: Overlay Zoning Districts 54
Section 4.2: Watershed Protection
and the most current version of the Department of Environmental Quality (NCDEQ)
Stormwater Design Manual, and this Ordinance.108
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infl+ �+inn
storpmvater Infiltration System 109
(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 County110 and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of tfiaOrange Countyli' and other agencies or officials
as appropriate. Once approved, the document shall be recorded atin the Orange
County Register:ar12 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
tire-Orange County 13
(7) The property owner, at its cost and expense, shall be required to execute and file
with the-Orange County114 a Performance Guarantee
aeron+ahio spr�ri! 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.
Professional The Performance Guarantee shall comply with
the provisions of Section 6.22 of this Ordinance.15
108 Consistent reference to the "most current versions"of Subchapter 02H and the NCDEQ Stormwater Design
Manual—addressed through remainder of5ection 4.2.8, AND, based on Legal Sufficiency Review Comments.
109 Correct reference to "Infiltration System"as defined inthe Definitions section of this Ordinance.
110 Consistent reference to"Orange County".
111 Consistent reference to"Orange County".
112 Text corrections.
"I Consistent reference to"Orange County".
114 Consistent reference to"Orange County".
"I Reference to new section.
Orange County, North Carolina— Unified Development Ordinance Page4-12
Article 4: Overlay Zoning Districts 55
Section 4.2: Watershed Protection
4.2.10 Orange County Watershed Matrixi16
Table 4.2.10 defines the land disturbance area thresholds (in square feet) that trigger the need for
an Erosion & Sedimentation Control Plan and/or a Stormwater Management Plan.
Back Creek 20,000 21,780 43,560 **NA **NA
E Haw Creek 20,000 21,780 43,560 **NA **NA
Q
`m Cane Creek *10,000 21,780 43,560 **NA **NA
>
3 Cane Creek Critical Area *10,000 21,780 43,560 ** **NA NA
C6 **NA **NA
w = Haw River (protected) 20,000 21,780 43,560
LL
w Haw River (unprotected) 20,000 21,780 43,560 **NA **NA
a
Q **NA **NA
v 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
University Lake Critical Area *10,000 21,780 43,560 **NA **NA
Flat River 20,000 12,000 21,780 2_2 0.33
Little River 20,000 12,000 21,780 2.2 0.33
0 - -
co 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
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 Hyco Creek 20,000 NA NA NA NA
O
z
Q
South Hyco 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 enforcementof nutrient export regulations if/when the State mandate is revised.
NOTES:
f11 Thresholds are listed in square feet(SF).
[21 Not part of larger development.
Ll Nutrients listed in pounds/acre/year.
[4143,560 square feet=1 acre.
[5121,780 square feet=% acre.
f61 10,890 square feet='/4 acre.
f71 A site plan may also be constrained by stream buffer requirements and impervious surface
limitations, in addition to typical zoning setback requirements.
NEW TABLE. Peer review comments included suggestion to move new Table4.2.10 to a new Section 4.2.10.
Orange County, North Carolina- Unified Development Ordinance Page4-14
Article 5: Uses 56
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 57
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 F'�^ 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 58
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 stormy.gater management pla Stormwater Management Plan
(SMP)117 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;
117 Consistent use of"Stormwater Management Plan(SMP)".
Orange County, North Carolina— Unified Development Ordinance Page 5-43
Article 5: Uses 59
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
Consistent with
Section(s) 2.27 and 6.22 of this Ordinance, a Performance
Guarantee shall be required for the mitigation project-118
(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 Csontrol M199easures (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
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;119
(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.
118 Reference to new sections.
119 Correct reference to the most current versions of North Ca rol i na Ad mi ni strative Code Title 15A Chapter 4:
Sedimentation Control andthe most current version of the NC Erosion Control Manual. There is no0rangeCounty
manual.
Orange County, North Carolina— Unified Development Ordinance Page 5-44
Article 5: Uses 60
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 of Environmental Quality_(NCDEQ)120 and
(d) Parameters for sampling shall be as provided in Section 5.7.3(G)(3)
below.
(3) Parametersfor 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 5.7.3fl(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,
120 Corrected entity reference.
Orange County, North Carolina— Unified Development Ordinance Page 5-47
Article 5: Uses 61
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 stormyia-4or r@topt'op sotAsStormwater Control Measures (SCMS)121,
(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
121 "stormwater retention sites"replacedwith "stormwater Control Measures(SCMs)", as anypotential
stormwater management requirements arenot limitedto'retention sites'.
Orange County, North Carolina— Unified Development Ordinance Page 5-48
Article 5: Uses 62
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 activity122 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.
112 "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 63
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 t0123To
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);
123 Grammar correction.
Orange County, North Carolina— Unified Development Ordinance Page 5-50
Article 5: Uses 64
Section 5.8: Standards for Care&Educational Facilities
(i) A storrnviater Management planStormwater Management Plan
SMP 124 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.
(i i) School projects that include Sstormwater Csontrol Mn4easures
(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 , the
G rncinn and 264domcn4 &P-tml Mapwalmost current version of the
Oho N'Qrth ('QrnlinQ F=rQROnn onrl 2orlimon4 (`nn4rnl 12441
North Carolina Administrative Code Title 15A
Chapter 4: Sedimentation Control, and the most current version
of the North Carolina Erosion and Sediment Control Plannincl
and Design Manual (NC Erosion Control Manual)125i#
Goptm-1 Program rules;
(i i) 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;
(i i) The Resources Management Plan shall identify the source(s) of
water to be used for irrigation, the volume available for that
purpose, and expected consumption rates. The system design
and plan for operation will be evaluated based on efficiency; and
(iii) Water recycled from stormwater retention ponds or treated
wastewater effluent may be used for irrigation where it is a
legally permitted alternative.
Q) Habitat Maintenance
114 Consistentuse of"Stormwater Management Plan(SMP)".
"I Correct reference to the most current version of North Carolina Administrative Code Title 15AChapter 4:
Sedimentation Control and the most current version of the NC Erosion Control Manual. There is no0rangeCounty
manual.
Orange County, North Carolina— Unified Development Ordinance Page 5-57
Article 5: Uses 65
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) An Erosion and Sedimentation
Control Plan126 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
$500,000.00 per occurrence.
5.9.6 Solar Array
(A) Standards for Accessory Use
(1) Standards of Evaluation
Residential and non-residential land uses shall be allowed to develop onsite solar
arrays as a customary accessory use subject to submittal of a professionally
126 Consistent use of"Erosion and Sedimentation Control Pl an"as defined in 15A NCAC 02H.1002(Definitions)
Orange County, North Carolina— Unified Development Ordinance Page 5-63
Article 5: Uses 66
Section 5.9: Standards for Utilities
(c) Landscape Plan, at the same scale as the site plan, showing existing
and proposed trees, shrubs, ground cover and other landscape material
(d) A soils report denoting the types of soil on the property including detail
on the compaction necessary to support the proposed development.
(2) Standards of Evaluation
(a) All on-site utility and transmission lines shall, to the extent feasible, be
placed underground.
(b) The height of proposed arrays and support structures shall not exceed
40 feet.
(c) Individual arrays/solar panels shall be designed and located in order to
prevent reflective glare toward any inhabited buildings on adjacent
properties as well as adjacent street rights-of-way.
(d) A clearly visible warning sign concerning voltage must be placed at the
base of all pad-mounted transformers and substations.
(e) All mechanical equipment of principal solar energy systems including any
structure for batteries or storage cells, shall be completely enclosed by a
minimum eight (8) foot high fence with a self-locking gate, and provided
with screening in accordance with the provisions of Section 6.8.
(f) The applicant shall submit proof of liability insurance covering bodily
injury and property damage demonstrating a minimum coverage limit of$
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 Land Disturbing Permit(s)127 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.
127 Correct reference to "Land Disturbing Permit".
Orange County, North Carolina— Unified Development Ordinance Page 5-67
Article 5: Uses 67
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 .-)^d `^'h'rh V.4i"performance bons guarantee removal of the
wireless support structure in the event that it is abandoned or unused
o --d of 17 mnn+hcconslsten' 128
(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.
Q) 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.
(i i) 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
128 Michael Harveyedits.
Orange County, North Carolina— Unified Development Ordinance Page 5-79
Article 5: Uses 68
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.
(i i) 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.
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(y}(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.
0.4)(u 1 Electro-Magnetic Radiation Levels
(i) The Special Use Permit or Conditional District approval shall
include a condition that the elect ro-m ag netic radiation levels
maintain compliance with requirements of the FCC, regarding
emission of electromagnetic radiation.
129 Covered within subsection(5)below.
Orange County, North Carolina— Unified Development Ordinance Page 5-84
Article 5: Uses 69
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)Lv�- "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.
(\i) 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.
(\iii) 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 S-ecurityPorformanco Guarantee Performance Guarantees
(a) The applicant and,_ the owner of record of a telecommunication support
structure shall, at its lest aAd#hei r
Orange County, North Carolina— Unified Development Ordinance Page 5-85
Article 5: Uses 70
Section 5.10:Standards for Telecommunication Facilities
expense, be jointly requir4ad to execute and file with the County a
Performance Guarantee
ensurinnge the faithful performance of
the terms and conditions of this Section Section(s) 2.27 and 6.22 of this
c and conditions of any Special Use Permit or
Conditional District approval This
guarantee shall include costs for the removal of a telecommunication
support structure that has ceased being used consistent with Section
5.10.9 of this Ordinance.
(b) The full amount of the bQAd--or sAr,— Performance 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.130
(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.
110 Michael Harvey edits: NOTE TO JAMES BRYAN: my readingof the new Statute indicates this is,ultimately,a
performance guarantee that needs to be treated likeall other performance guarantees. Thoughts?
Orange County, North Carolina— Unified Development Ordinance Page 5-86
Article 5: Uses 71
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.'31
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 • ' 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.
131 Consistent reference to"Performance Guarantee".
Orange County, North Carolina- Unified Development Ordinance Page 5-90
Article 5: Uses 72
Section 5.12:Standards for Extractive Uses
(2) An F�mnn Erosion and Sedimentation Control Plan132COntrol Plan has been
approved byte@ [Depa tr ent „1 En iron on+ Health @Ad Mat-oral R@s9wrGesi the
Division of Energy, Mineral, and Land Resources (DEMLR).133
(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.
112 Consistent reference to "Erosion and Sedimentation Control Plan".
"I Reflects current name of the Division.
Orange County, North Carolina— Unified Development Ordinance Page 5-94
Article 5: Uses 73
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-Disturbing Activity134 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 Board of County Commissioners shall require for all extr;4rtiAkq uses
aThe applicant shall be required to post a Performance Guarantee to
ensure that--the provisions of the Rehabilitation Plan are met. The
Performance Guarantee
shall be completed in accordance with the
provisions of Sections 2.27 and 6.22 of this Ordinance.135
134 Consistentuse of"Land-Disturbing Activity".
131 Consistent reference to Performance Guarantee sections of UDC, AND based on Legal Sufficiency Review
comments.
Orange County, North Carolina— Unified Development Ordinance Page 5-97
Article 5: Uses 74
Section 5.21:Standards for Miscellaneous Uses
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A Stormwater Management Plan (SMP)136 shall be prepared and
reviewed in accordance with the provisions of Section 6.14 of
this Ordinance.
(i i) All drainage structures will be installed and maintained according
to the approved M@A@q@PA@At SMP.
(iii) Subdivisions that include Sstormwater Csontrol Mn4easures
(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 GraA99 GOWPty ErnciQA and 29dimon# C:QAtrnl
M;4p-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).
137 a IS
(Drd'PaPG8;
(i i) 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
116 Consistentuse of"Stormwater Management Plan(SMP)"—NOTE: "Stormwater Management Plan"and
"SMP"is integrated through the remainder of Article 5, where applicable.
117 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 75
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 runoff138 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.
118 Consistent use of"stormwater runoff".
Orange County, North Carolina— Unified Development Ordinance Page 5-126
Article 6: Development Standards 76
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 rA%4PQA1:Aont AAA nip 61PAl ROSOWnoc. Environmental Quality
NC( DEQ).139
(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.
119 Reflects current name of Department.
Orange County, North Carolina— Unified Development Ordinance Page 6-14
Article 6: Development Standards 77
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 -9;99925,000140 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.
iao Michael Harveyedit: Rate changed consistentwith currentfederal lawand guidelines classifies a userthat
utilizes 25,000orgreater as a Significant Industrial User(SIU).
Orange County, North Carolina— Unified Development Ordinance Page 6-15
Article 6: Development Standards 78
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,
(i i) 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.
(i i) On-site stormwater p Stormwater Control Measures
SCMs 141 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 onlyto"stormwater ponds",replaced with
"Stormwater Control Measures(SCMs)"for proper terminology and UDO consistency.
Orange County, North Carolina— Unified Development Ordinance Page 6-34
Article 6: Development Standards 79
Section 6.7: Additional Standards for MPD-CD
Figure 6.7.2.A: MPD-CD Permitted Utility Adjustments
Example
Plan
--- - --
- 77
e
o cs
Shift<50'
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 Activitydi=s rl,in..�i142 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
142 "La nd-Di stu rbi ng 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 80
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.
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 stormwater143 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 81
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 unfawrable 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 82
Section 6.8: Landscaping,Buffers&Tree Protection
11024 of the installed
submitted in accordance with Section 2.27 of this Ordinance, has been
posted _vith the and InspeGtions approyed.144
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.
144 Reference to new Section 2.27.
Orange County, North Carolina— Unified Development Ordinance Page 6-50
Article 6: Development Standards 83
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-Disturbing Activities 145 for buildings, parking, or
storage, drainage, etc. are permitted within a required buffer.
141 Consistentuse of"Land-Disturbing Activity".
Orange County, North Carolina— Unified Development Ordinance Page 6-51
Article 6: Development Standards 84
Section 6.13:Stream Buffers
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 Ltand--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 85
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 Ltand--Disturbing Activity ' within a designated
stream buffer, the property owner shall provide written notification of the location
and nature of the proposed use to the Planning Department for review. The
notification shall state that the use shall be designed, constructed, and
maintained to minimize soil disturbance and to provide the maximum water
quality protection practicable.
(2) All Ltand-Disturbing Act i\At i qs-di&tw;biAq-aGUm#@& 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 Ltand-
Disturbing Activities disturbing aGtiWi6;1;.
Orange County, North Carolina- Unified Development Ordinance Page 6-94
Article 6: Development Standards 86
Section 6.13:Stream Buffers
(3) The submittal of additional information and/or applications may be required prior
to any land_ d;s-+„rh-O.,n tik4tyLand-Disturbing Activity within a designated stream
buffer, in accordance with the provisions of this Ordinance.
(B) Additional Standards for Uses AllowableAllowable 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) I Isar, AllowableUses
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 87
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
fasilffityStormwater Control Measure (SCM)146 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 Control Measure (SCM), with or
without a riparian buffer established adjacent to the SCMd.147
(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 DiW rseclffuse Flow Requirement
(A) Dispgrsedf#use flow of stormwater148 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 disgersedf#use flow before the stormwater runoff enters the stream buffer.
146 Consistent use of"Stormwater Control Measure(SCM)".
147 Consistent use of"Stormwater Control Measure(SCM)'.
148 Consistentuse of"stormwater runoff",typical.
Orange County, North Carolina— Unified Development Ordinance Page 6-96
Article 6: Development Standards 88
Section 6.14:Stormwater Management
(C) Periodic corrective action to restore dispersedf use 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.
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 which can be absorbed into the soil.
This results in more-additional 149 stormwater runoff'50 flowing directly into streams and other
water bodies. Because this additional151 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 and152 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 public health, safety. and general welfare: and protect water and aquatic
re3ources.153 The purpose of the Board of County Commissioners in adopting stormwater
manaQement regulations is to protect the water quality of the streams that He within Orange
County by reducing and controlling stormwater runoff and addressing nutrient reductions for both
new and existing development.
6 1426.14.3 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.
149 Text correction-replaced"more" with "additional".
110 Consistent use of the term "stormwater runoff'-NOTE. "stormwater runoff"is integrated through the
remainder of Section 6.14,where applicable.
"I Text correction-added "additional".
152 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.
"I This Ianguagewas pulled directlyfrom the Falls Lake Mod el Ordinance;provides greater context in Purpose:
-1.sa
Orange County, North Carolina- Unified Development Ordinance Page 6-97
Article 6: Development Standards 89
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 Carolina155 Environmental Management
Commission before implementation.
6 1436.14.4 General Methods
The following general approaches shall be utilized to minimize the effects of stormwater pollution
on hydrologically connected aquatic ecosystems and156 drinking water supplies in Orange
County:
(A) Non-Structural Methods157
(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) R4A-effStormwater runoff from roads, parking lots, and/or sidewalks shall be
directed to undisturbed areas through use of berms, grassed diversion ditches or
swales, or other acceptable means to reduce rwA effstormwater 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) InfiltrationS /stems'5a
(a) The benefits of Infiltration Systems include, but are
not limited to159:
(i) Removal of both suspended and dissolved pollutants,
(ii) Relatively low maintenance
requirements,
(iii) They redwGe floodiAgRood reduction,
(iv) Thee,—promo+roPromotion of groundwater recharge, and
155 Added "North Carolina".
156 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.
157 Replaced "Non-Structural Stormwater Control Measures (SCMs)"with "Non-Structural Methods" soasto avoid
confusion with permanent Stormwater Control Measures(SCMs)—NOTE. "Non-Structural Methods"is integrated
through the remainder of Section 6.14,where applicable.
158 "InfiItrationTechniques"replacedwith "I nfi I tra ti on Systems"s o as to better reflectthe d efi n i ti on a n d
terminology contained in15A NCAC 02H.1002(Definitions)—NOTE: "Infiltration Systems" is integrated through
the remainder of Section 6.14, where applicable.
159Text correction—added ", but not limited to".
Orange County, North Carolina— Unified Development Ordinance Page 6-98
Article 6: Development Standards 90
Section 6.14:Stormwater Management
(v) They help maintainMaintenance of stream flow during dry
periods.160
(b) Where on-site ' Infiltration Systems are utilized, areas
for such purposes shall be designated on the plat and shall remain
undisturbed both during and after construction.
(c) Undisturbed areas designated161 for infiltration of Pj4-effstormwater
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) 1621n cases where non-structural m&4ethods may not
adequately control the stormwater runoff _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 ancl-^vmvrlhor factors such as soil type, sfepe
the presence of highly erodible soils,
impervious soils, steep slopes, and/or lack of vegetative cover, permanent
Stormwater Control Measures (SCMs)163 which capture stormwater runoff for
slow release through as controlled outlet, are required.
(2) Where required, SCMs shall be constructed in accordance with this Section.
(C) Impervious Surface and Datantman o SCM164 Requirements
(1) For all protected watersheds, an absolute limit on the percentage of lot area
which can be covered with impervious surfaces has been established. See
Section(s) 4.2.5 and 4.2.6 of this Ordinance.
(2) In some cases, SCMs are required when the proposed impervious surface ratio
exceeds a specified percentage, which is below the absolute limit.
6-1446.14.5 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 as# }-Land-Disturbing Activity165 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 astMt-j-Land-Disturbing Activity that cumulatively disturbs greater
than 12,000 square feet of land in order to establish, expand, or modify a
160 Text correction-grammar fixes within list.
"'Text correction-added "designated".
162 Section 6.14.4.E(1) re-formatted to improvereadingclarityandfixgrammarerrors.
161 "Stormwater Control Mea s ures"i s correctl y noted to match the Defi niti ons s ecti on of thi s Ordi na nce,i ncl udes
the appropriate acronym for Stormwater Control Measures(SCMs)-NOTE. "Stormwater Control Measure"and
"SCM"are integrated through the remainder of Section 6.14,where applicable.
114 Cons istentuse of SCM.
166 "La nd-Di stu rbi ng Acti vity"correctly noted to match the Ordinancedefinitions 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 91
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 a y-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 acti�Atj-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 1456.14.6 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
Ordinance166 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 version167 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.
116 Consistent reference to "this Ordinance".
117 Consistent reference to "most current versions"of Subchapter 02H andthe NCDEQ Stormwater Design Manual.
Orange County, North Carolina— Unified Development Ordinance Page 6-100
Article 6: Development Standards 92
Section 6.14:Stormwater Management
(5) Proposedrepesed new development may satisfy the review criteria standards of
this section by rngt4no tht; nosf-daiplonmonf hvdrnlonir_ oriforia co#n,if i
ha for r) of fho mnsf roronf �Qrsinn of fho North r'a rnlina I Aw Im arf
lssusing 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).169
(B) Additional Standards— Falls Lake Watershed
(1) In addition to the standards contained in Section 6.14.6 (A) of the-II99this
Ordinance170, 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.g.
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.171
(C) Addmtman2ll Stand2rds-- _Iard2n 1-240 1A/24orshad
(1)!A addi#inn #n#ho s#anrlarrls nnn#ainorl in Cor#inn 6 14 6 (A) of the I DQ
G9A72 deyelonmon# shall abide by 15 A ISIGAG 0:2H 1(1(1�T173
614,66.14.7 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 tools 174) in accordance with the methodologies
approved by the North Carolina Division of Water Resources (NCDWR).176
168 NOTE: The original UDO text, "by meeting the post-development hydrologic criteria set out in Chapter 2 of the
most recent version of the North Carolina Low Impact Development Guidebook"was accidentallydeleted/accepted
duringthis 1+year-long LIDO text amendment review process. For the purposed of universal clarity,the original
text has been artificially added in here with a stri kethrough font, so as to show what the original text looked like.
This artificially added text must be deleted manuallyafter all TRACK CHANGES are eventually accepted for formal
UDO adoption.
"I Section 6.14.6(A) 5 has been updated to refer to the state's current useof the term "Runoff Volume Match",
ratherthan referencingthe now outdated 2009 LID Guidebook, AND basedon Legal Sufficiency Review comments.
170 Consistent reference to "this Ordinance".
171 Required per the state's most current Neuse-Tar-Pamlico Rules.
rnnrirron+rofor.,..G., to 4hir, nrrliA@AG@
171 Section 6.14.6(C) is no longer needed, as the allowableuseof"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).
174 Text correction—added "s".
175 Revised to refer to NCDWR forapproved nutrient accountingtools,rather than NCDEQ.
Orange County, North Carolina— Unified Development Ordinance Page 6-101
Article 6: Development Standards 93
Section 6.14:Stormwater Management
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install
e SCMs to meet the required nutrient load standards or do a combination
of SCMs and offset payments-to achieve the standard.
(D) Offset Payments
(1) Offset fees may be permitted to meet the nutrient export levels set for new
development. In order to utilize offset fees, the proposed new development
subject to the nutrient load standards must attain nitrogen and phosphorus
loading rate reductions on-site that meet the following criteria prior to using an
offsite offset measure:
(a) Falls Lake Watershed
(i) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing one half acre but less
than one acre;
(ii) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing more than one acre;
(iii) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing 12,000 square feet but less than one acre;
(iv) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing more than one acre;
(v) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for proposed redevelopment
activities in a designated downtown area that would replace or
expand structures or improvements that existed as of December
2006.
(2) Offset fees may be paid to the North Carolina Division of Mitigation Services
(DMS)176, approved private mitigation bank, or other mitigation option as
approved by the NCDEQ and Orange County. It is the policy of the177 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 Dractic"178
116 Text correction—added "(DMS)".
17 Text correction—added "the".
178 "Best Management Practices"deleted soasto avoid confusion with superseded BMP terminology.
Orange County, North Carolina— Unified Development Ordinance Page 6-102
Article 6: Development Standards 94
Section 6.14:Stormwater Management
(1) Allowable on-site stormi'A" res SCMs for nutrient
reduction shall include those listed in the most current version179 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 der-180SCMs shall follow
standards provided in the most current version181 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 tools 182.
6 1476.14.8 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 4a3
184
(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 1486.14.9 Stormwater Management Plan(SMP)185
(A) Required Approval
119 Consistent reference to "most current versions"of Subchapter 02H andthe NCDEQ Stormwater Design Manual.
180 Text correction—deleted "stormwater".
181 Consistent reference to"most current versions"of Subchapter 02H andthe NCDEQ Stormwater Design Manual.
182 Text correction—added "s".
.
114 Reference to 15A NCAC 02H.1002 (44)is sufficient.
1ss Title of Section 6.14.9 revised to includethe appropri ate acronym for Stormwater Management Plans(SMPs)—
NOTE: "Stormwater Management Plan"and"SMP"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 95
Section 6.14:Stormwater Management
The Erosion Control Officer shall not issue any ri+_- Land Disturbing Permits
LDPs 186 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 Stormviator MaRagernept planaIMP
shall be deemed in violation of this Ordinance.
(C) Enforceable Restriction
Approval of the SMP 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 StorrmAiatar Management Planam-1E.
614r96.14.10 Operation and Maintenance of Stormwater Control Measures (SCMs)
(A) Posting—of-Performance QuaranteesFinancial Securi f for SCMs1$'
a" oll�,r-nn�Appro\ral of the SMP
shall be conditioned on the posting of an SCM Performance Guarantee in accordance
with Section 6.22 of this Ordinance189 adequate fiPapr--mal for the purpose 0
if SCM construction is applicable.
191
(a) The oormif ooriliGaAt droll oro�rirlo ono of tho fr,ll(MiAg oc Surety for the
1�A norfnrmonro hopd from o s--r,@t y bonding romnory a i rimed
to do bi,s;0PQss Op North GargliA@,
An le-ttp-r of crp-dit or other readily
copiprtiblA into c�ash at fqGe value payable to Grange County
BK�
times the total r-Ast of the SGIVI, as estimated by the @PPIOGaPt
186 "Land Disturbing Permits"is correctly noted to match the Definitions section ofthis Ordi nanceand 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.
181 Clarification that postingof financial security is specific to"SCMs"only.
189 Reference to new Section 6.22.
SECTION).
191 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 96
Section 6.14:Stormwater Management
(V) Total Cost
ak The total r_nst of the 2CM shall do the followmpq;
other stri-iGt6ires;
N CeerJinn and soil StabiliZatinn;
�. Desi ngp an�hon�oorin aAd,
W (-rarlino evoaVation fill eto
b. Tht; =5;ts of the SCM shall Pot be larorated as part of a
(b) FamIUM tQ RQPfQrm4_93
a. Upon rlefai ilt of the permit applicant to nomplete and/or
maintain the crnn as speller) QWt in the performance
bond or other seGurity, the County may obtain aAd use
all or any portion of the fi-ind-s- nec_,essary to Gomplate the
liil _Board shall r@Wrn any, fllnrls not spent in oomnletin,v the
c trr� '-'
i mpr9y@ments to the &\'Aron omit"
194
(a) The P@rrPit @PPIOGaAt shall deposit with Grange QOWAty either cash o
Q-thOr OAR-tri-IMeAt approved by the County Atterney that is readily
!hl The rash or sera irity shall he in an amou nt eni rol to 15% of the total root
of the crnn or the estimator) rostQf main�t�aininogthe crnn over a year
period, wh'Ghev@r is greater-.
€stimated Maintenance (posts
ak The estimated r--o-st of maintaining the SGIVI shall ba-
PlaA OP MaA61@1 pm�Aded by the developer
6.14.1T
!r,l)Faili ir, Q to Pe�nnrm
1�Upon d fa-ilt L:)rthe oWniniAg GAt�tQ mein#@in repair @Ad if
Operation apd 54aintenanr•e 4 omen# the CQUAty shall obtain
-and use A-11 or any portion -of the c_,ash security to make AE)G888ary
194 Staff recommendation is that Orange County shall no longer requirea Securityfor Maintenance of SCMs;to our
knowledge, this type ofsecurityis notrequired by General Statutes and proper long-term fund management is
extremely problematic. Staff will continueto investigate methodologies for potentially adopting and SCM
Maintenance Guarantee into the UDO, via future UDO text amendment(s).
Orange County, North Carolina— Unified Development Ordinance Page 6-105
Article 6: Development Standards 97
Section 6.14:Stormwater Management
SuGh expenditures of fi,nds shall only be ma P_ aftor exha, sting
all other masopahip- romgdies seeking the owning entity to-
Gemply with the terms- A-Ad-1 c;o-nditions- of the Gperations ;;Ad
(B) SCM195 Maintenance and Upkeep
(1) SCM196 Operation and Maintenance Agreement(OMA)197
(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 qsat OMA must include the following:
(i) Completed OMA cover sheet template as provided by the
Erosion Control Officer,198
(+) ii Name and address of the person or organization financially
responsible for paying the- a15-year SCM199 inspection fees,-
kii) iii Name(s) and address(es) of all parties to whom a copy of the
annual SCM inspection report should go.,
( 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
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".200
(c) The Agree t OMA shall require the owning entity to maintain, repair
and, if necessary, reconstruct the SCM in accordance with the Gperatiea
approved
SMP.201
(d) The Operations apd MaiptepGnGe AgreementOMA shall be signed--ap4
notarized, and f119d202 recorded 203 with the Orange County Register of
Deeds.
(e) 204resideptialWhere a single entity(such as a
115 Clarification that Maintenance and Upkeep is specificto"SCMs" only.
196 Clarification that Operation and Maintenance Agreement is specificto"SCMs" only.
191Added the appropriate acronym for SCM Operation and Maintenance Agreement (OMA) —NOTE. "OMA"is
incorporated through the remainder of Section 6.14, where applicable.
198 Sub-section added to reflectthe need to include Ora ngeCounty's cover sheet for SCM Operation and
Mai ntena nce Agreements.
199 Correct reference to the 5-year SCM i ns pecti on fee. 0rangeCounty does not enforce annual SCM inspection
fees.
zoo Sub-section added to reflectthe need to includethe SCM Operation and MaintenancePIan as an attachment to
the SCM Operati on a nd Ma i ntena nce Agreement; cross-reference to the appropri ate 0rdinancesectionprovided.
101 Sub-section revised to correctly indicatethat SCMs must be reconstructed in accordancewith the approved
SMP.
202 Edit(s)based on Legal Sufficiency Review comments.
211 Clarification that SCM Operationand Ma i ntena nce Agreement must be recorded.
204 Sub-section revised to clarify the correct requirements for Ass ociations that arenot yet formed attime of OMA
recordation.
Orange County, North Carolina— Unified Development Ordinance Page 6-106
Article 6: Development Standards 98
Section 6.14:Stormwater Management
homeowners association)a will be assuming
responsibility for all permanent SCMs, but has not yet been formed at the
time of OMA recordation by the owning entity, a signed and notarized
k eewpor's-Association Declaration document
required, and-a revised OMA must be submitted
for subsequent recordation at the Orange County Register of Deeds after
the association is formed2o5. This mi ist ho giyap to the The recorded
version of the revised206 OMA and Association Declaration must be
submitted to the Orange County Planning Department before the La44d
Disturbing DormitlDP may be closed, and before any remaining SCM
Performance Guarantee funds
SCMs may be released.
(f) The owner of each SCM, whether onninoorad Or nnn_onninoor9d 207 shall
maintain it-the SCM208 so as not to create or result in a nuisance
condition.
(g) Every �4@d 209SCM installed pursuant to this Ordinance shall be
made accessible for adequate maintenance and repair by an SCM210
maintenance easement. The SCM maintenance211 easement shall be
recorded at the Orange County Register of Deeds212 and 4&-the213 terms
shall specify who make use of the SCM maintenance214 easement and
for what purposes.
(h) The owner of each er9ieeeKed-215SCM shall keep records of SCM216
inspections, maintenances217, and repairs and shall submit the same
upon reasonable request to the Erosion Control Officer.
(2) SCM218_Operation and Maintenance Plan OMP 219
(a) 220An SCM Operation and Maintenance Plan (OMP)QP@Fatiea-mil
moin#ononro nlon or maA gal shall be provided by the develAper_ownin
entity221 as an attachment to the OMA for each SCM in accordance with
Section 6.14.10 (B) (1) of this Ordinance. The OMP shall indicate fer
the following:
(i) What SCM222 operation and maintenance actions are needed,
201 Edit(s)based on Legal Sufficiency Review comments
20e Edit(s)based on Legal Sufficiency Review comments
201 An SCM is inherently engineered.
208 Clarification thatthe "SCM" shall bemaintained.
209 An SCM is inherently engineered.
210 Clarification thatSCM maintenance easements are specificto"SCMs"only.
211 Clarification thatSCM maintenance easements are specificto"SCMs"only.
212 Clarification that SCM maintenance easements must be recorded at Orange County Register of Deeds.
211 Text correction-replaced"its"with "the".
214 Clarification thatSCM maintenance easements are specificto"SCMs"only.
215 An SCM is inherently engineered.
216 Clarification that records arespecificto"SCMs" only.
117 Text correction-deleted "s".
218 Clarification that SCM Operation and Maintenance Plan is specificto"SCMs" only.
219Added the appropriate acronym for SCM Operation and Maintenance Plan(OMP)-NOTE. "OMP"is
incorporated through the remainder of Section 6.14, where applicable.
210 Sub-section revised to clarify the correct requirements for the SCM Operation and MaintenancePlan;cross-
reference to the appropri ate Ordinancesection provided.
211 Consistent use of"owning entity".
222 Clarification that operation and ma ntena nce actions a respecific to"SCMs"only.
Orange County, North Carolina- Unified Development Ordinance Page 6-107
Article 6: Development Standards 99
Section 6.14:Stormwater Management
(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
OMA.
(b) 223The standard MaiAt@AaAG@ ptapQMP shall specifically address, but is
not limited to:
(i) A%9Mowing of permanent vegetation,
(ii) A erpovalRemoval of woody vegetation (e.g. bushes, shrubs
and trees) from the dam of a w@t d@t@PflQA pGpidgDyL dam
and/or224 berm structures,
(iii) Reseeding of any eroding areas of tho yiof d(;tQAtinn PgAds
nnon nhannol pr GtiGoc ripariap b ifrorc aAd yagotat6;d filto9#4r
r
(iv) Replacgmentiag of impaired vegetation
(v) Removal of sediment and/or debris from the `trash rarl,' @A aAY
inlet and outlet channels, inlet
and outlet pipes, forebays, trash racks, and riser or barrel
structures225, and
(vi) Repair of any damage/deterioration to structural aspects of caret
RaAd filtp-psthe SCM.
(c) The PI.A OMP shall clearly indicate the steps that will be taken for
restoring a SCM to its design specifications if an SCM226 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 functionalitv227 of the SCM is
diminished or threatened, or to the extent of interfering with any
easement or access to the SCM.
(4) SCM228 Repair or Reconstruction
(a) Except for general landscaping and grounds maintenance, the owning
entity shall notify tl�Oranoe229 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 SCM230
improvements.
221 Sub-section revised to fix grammar errors and improve readingclarity.
224 Edit(s)based on Legal Sufficiency Review comments
225 Edit(s)based on Legal Sufficiency Review comments
226 Clarification thatthis sub-section is referenci ng an"SCM" failure.
227 Text correction—added `or functionality".
221 Clarification that thi s sub-section is referencing"SCM" repair or reconstruction.
229 Consistent reference to"Orange County".
230 Clarification that improvements are specific to"SCMs" only.
Orange County, North Carolina— Unified Development Ordinance Page 6-108
Article 6: Development Standards 100
Section 6.14:Stormwater Management
(c) All SCM231 improvements shall be made consistent with the approved
plans and sper-,ifir--a-tions- of the 2C.M. and. the operations and
Mi-RiAW-PERAGS plan or SMP, the approved OMA, and the approved
OMP.232
233
i nsnertinn the QWAing entity shall nrcWde•
signod dood relatod easomonts and siineoY Plat for
thQ cCM ready fnr filing with the Orango Gowpty
�r
thp- Axte-nt that thp- GA.n.A.ral Statute, Chapter 89A, allow) stating
that the detention pGnd is Gemplete and r_,e__AR_is_tA_.At with the plans
Register of Deeds; and
\A/atershod Prntortinn Gemnlianre Permit for the 2-G-M 234
/nlif dofiPi@An04;9 are fownd the Fmsinn Goptrnl Qffinor shall direct that the
siihmitted for annro�el Upon rmmPletinn the imnrnvemonts shall he
re-inspeGted.
(3) loam of Remaining SeGu Y1ty
or other Seri ir4y
/hr ) Upon mc;eint of said netitinn thtFrgsinn Goptrnl Qf rt;r shall insnert the
-and rec-,AWArAe-ndations- to the _Board of County Commissioners
211 Clarification that improvements are specific to"SCMs" only.
212 Clarification of SCM repair or reconstruction requirements.
211 SCM Performance Guarantee requirements havebeen moved to Section 6.22(NEW SECTION).
-34 Syb-section revised to rI;;rify the GerreGt r we rements.
Orange County, North Carolina— Unified Development Ordinance Page 6-109
Article 6: Development Standards 101
Section 6.14:Stormwater Management
if the Board of County Commissioners doos not aGcapt the r&PO4
and rejoGts the petition, it shall pr&Ade the developer vVith
�41551--Annual SCM235 Inspection Required
(a) All SCMs shall be inspected by the owning entity at least on an annual
basis to determine whether the septets arQSCM is236 performing as
designed and intended.
(b) Records of inspections shall be submitted annually to the Erosion
Control Officer on forms approved by Orange County.
(c) Annual inspections shall begin within one year of the filing date of the
issuance of the Certificate of Stormwater Compliance
for the SCM.237
(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 SCM238 improvements
and the date by which the corrective action is to be completed. All
SCM239 improvements shall be made consistent with the PlaAS aAd
maiptepapro Alan or manwa approved SMP and the approved OMA.240
After notification by the owning entity, the Erosion Control Officer shall
inspect and approve the completed SCM241 improvements.
{�tq e u a4 5-year SCM242 Maintenance Inspection Fee
(a) The t=ee-5-year SCM maintenance inspection fee for the first 5-year
ep riod243 shall be paid before:
(i) The release of any Final GertffiGat@ of QGcupanGy for Nop
issuance of the Certificate of Stormwater
Compliance for the SCM.244
(ii) The
release of up to 75% of the value of the
SCM Performance Guarantee.245
(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 Ann iAll 5-year SCM246 inspection.
235 Clarification thatan annual inspection ofthe"SCM" is required.
236 Reference to the "SCM" ratherthan "controls".
231 Clarification of requi rements.
238 Clarification thatthis is referencing"SCM" improvements.
239 Clarification thatthis is referencing"SCM" improvements.
240 Clarification of requi rements.
241 Clarification thatthis is referencing"SCM" improvements.
242 Correct reference to the S-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.
243 Clarification of requi rements,AND based on Legal Sufficiency Review comments.
244 Cl a ri ficati on of requi rements.
241 Cl a rification of requi rements.
246 Cl a ri ficati on of requi rements.
Orange County, North Carolina— Unified Development Ordinance Page 6-110
Article 6: Development Standards 102
Section 6.14:Stormwater Management
(c) Failure to pay the 5-year SCM
maintenance inspection fee shall be deemed a violation of this
Ordinance.
6 14 106.14.11 Amendments to Approved Plans and SPGGifiGati0A65CMS247
(A) Minor Amendments to Approved SCM248 Plans and Specifications
(1) AP4QAdmQAtc Minor amendments to the approved SCM plans and specifications
shall gas be
approved by the Erosion Control Officer, provided that the proposed250 changes
do not involve a change in the type of the SCM. a change in the location of the
SCM, or an SCM area/volumes4e increase greater than 50% of the approved
SCM area/volume .251
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect (to the extent that floe—General Statutes Chapter
89A; allows)252 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 SCM shall file sealed
copies of the revisions with the Erosion Control Officer.
(b) If the Erosion Control Officer disapproves the proposed253 changes, the
proposal shallnaay254 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 @PP''GaAtowning entity255
(c) The Erosion Control Officer shall report any such revisions to the BeArd
M90flA Planning Director.
(B) Major Amendments to Approved SCM256 Plans and Specifications
(1) OmApdmonts t„thoMa'or amendments to the approved SCM plans and
specifications
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 shall �5' be approved by the
Planning Director258 after receiving a
recommendation from the Erosion Control Officer.
24I Section 6.14.11 describes the processes for amendments/revisions to approved SCM plans and specifications,
aswell as amendments/revisionsto the SCM Operation and Maintenance Agreement, so the title of Section
6.14.11 has been revised to"Amendments to Approved SCMs".
248 Clarification thatthis sub-section is referencing"Approved SCM" Plans and Specifications.
249 Edit(s)based on Legal Sufficiency Review comments
210 Text correction—added "proposed".
211 Clarification of requi rements.
212 Text corrections.
211 Text correction—added "proposed".
254 Edit(s)based on Legal Sufficiency Review comments
211 Consistent use of"owning entity".
216 Clarification thatthis sub-section is referencing"Approved SCM" Plans and Specifications.
257 Edit(s)based on Legal Sufficiency Review comments
218 Consistencywith current state lawand Model Ordinances.
Orange County, North Carolina— Unified Development Ordinance Page 6-111
Article 6: Development Standards 103
Section 6.14:Stormwater Management
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect (to the extent that the General Statutes-, Chapter
89A; allows259) and submitted to and reviewed by the Erosion Control Officer.
(3) Planning Director Review260
(a) If the Planning Director approves the proposed changes, the owning
entity of the SCM shall file sealed copies of the revisions with the Erosion
Control Officer.
(b) If the Planning Director disapproves the proposed changes, the proposal
may be revised and resubmitted as a new proposal. If the proposal has
not been revised and is essentially the same as that already reviewed, it
shall be returned to the applicant.
(C) Revision of Plains Found to be inadequateApproved SCM Operation and
Maintenance Agreement(OMA)261
If the Gou44Lhe Erosion Control Officer finds that the
OFMaAUa)SCM Operation and Maintenance Agreement (OMA) is inadequate for any
reason262, the owning entity shall be notified by the Erosion Control Officer of any
required changes and shall prepare aAd record�63 spies of thea revised agreemept
OMA with the Orange County Register of Deeds_,
^^ A4WThe revised OMA shall be submitted to the Erosion Control Officer for
review and approval prior to recordation by the owning entity.264
6,14,116.14.12 Stormwater Discharges
(A) Applicability
The regulations contained herein shall be applicable to all new development and existing
projects within tk4R-0ranae265 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,
219 Text corrections.
260 Clarification of requi rements.
261 Clarification ofrequirements-this sub-section had been erroneously titled.
262 Edit(s)based on Legal Sufficiency Review comments, deleted "due to proposed changes to the SCM".
263 Edit(s)based on Legal Sufficiency Review comments.
264 Clarification of requi rements.
261 Consistent reference to "Orange County".
Orange County, North Carolina- Unified Development Ordinance Page 6-112
Article 6: Development Standards 104
Section 6.14:Stormwater Management
(2) Landscape irrigation,
(3) Diverted stream flows,
(4) Uncontaminated rising groundwater,
(5) Uncontaminated groundwater infiltration to the stormwater collection system,
(6) Uncontaminated pumped groundwater,
(7) Discharges from potable water sources,
(8) Foundation drains,
(9) Uncontaminated air conditioning condensation,
(10) Irrigation water,
(11) Springs,
(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) FirgFirefightinq 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.
Orange County, North Carolina— Unified Development Ordinance Page 6-113
Article 6: Development Standards 105
Section 6.15:Soil Erosion and Sedimentation Control268F
(1) Spills or leaks of polluting substances discharged to, or having the potential to
reach the stormwater collection system or receiving waters, shall be contained,
controlled, collected, and removed promptly. All affected areas shall be restored
to their preexisting condition.
(2) Notification of Spills
(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
Pler&GnPartv266) has information of any known or suspected release of
materials which are resulting or may result in illegal discharges or
pollutants discharging into or may reach the stormwater collection
system or waters of Orange County, the Financially Responsible PArseP
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 Perser:�-Partv 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 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 thaOranae267 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 th4a-Orange268
County, State or Federal government.
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,
116 Consistentuse 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.
167 Consistent reference to"Orange County".
118 Consistent reference to"Orange County".
"I Title of Section 6.15 revised so as to match the na mi ng conventions of other section titles related to"Erosion
and Sedimentation Control PI a ns"a s defined in 15A NCAC 02H.1002(Definitions).
Orange County, North Carolina— Unified Development Ordinance Page 6-115
Article 6: Development Standards 106
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(iv) Maintain the balance of nature,
(v) Prevent the obstruction of natural and artificial
drainagawaysdrainage ways,
(\A Inhibit flooding, and
(vii) Reduce the undermining of roads and other transportation
facilities.
(b) Establishing procedures through which these purposes can be fulfilled.
(2) It is the intent of the Board of County Commissioners that all of the departments
and agencies of Orange County, its contractors and subcontractors shall comply
with the regulations set forth in this Section.
(B) University Lake, Cane Creek, and Upper Eno Watersheds
(1) The Board of County Commissioners find that,without strict sedimentation and
erosion controls, the development of land within the University Lake, Cane
Creek, and Upper Eno Watersheds will have a significant adverse impact upon
the health, safety, and welfare of all persons served by the water supply
reservoirs within these watersheds. More specifically:
(a) Stormwater runoff carries pollutants into water supply reservoirs,
degrading water quality. These pollutants include, but are not limited to,
organic and inorganic chemicals.
(b) The increase in nutrients such as phosphorus and nitrogen will
accelerate eutrophication of water supply reservoirs, adversely affecting
flora and fauna.
(c) The improper channelization of watercourses and drainage areas in the
University Lake, Cane Creek, and Upper Eno Watersheds will increase
the velocity of runoff, thereby increasing erosion and sedimentation.
(d) The alteration of the natural topography and removal of vegetation will
increase erosion by increasing velocity of runoff.
(e) The siltation of water bodies resulting from increased erosion will
decrease the capacity of the water bodies to hold and transport water,
and harm flora and fauna.
(f) Sedimentation further reduces water quality because it transports
pollutants into the water, then releases them in the water as it settles.
(g) Impervious surfaces will increase the volume and rate of stormwater
runoff. This allows less water to percolate into the soil, thereby
decreasing groundwater recharge. Increased velocity of runoff also
reduces the filtering effect of the soil.
(h) Improperly managed stormwater runoff will increase the incidence of
flooding and the level of floods which occur.
(2) The regulations set forth in this Section that are applicable to the University Lake,
Cane Creek, and Upper Eno Watersheds are designed:
(a) To protect and maintain the chemical, physical and biological quality and
integrity of water supply reservoirs within these watersheds and other
critical watershed areas.
(b) To prevent harm to the residents of the community by prohibiting
activities which adversely affect water supply reservoirs as a public water
supply.
Orange County, North Carolina— Unified Development Ordinance Page 6-116
Article 6: Development Standards 107
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(c) To encourage the protection of natural systems and the utilization of
these systems in a manner which does not impair their beneficial
functioning.
(d) To discourage the construction of drainage systems which do not
functionally approximate the natural drainage pattern.
(e) To minimize sedimentation and erosion, within the watersheds, and as a
result, minimize the transport of sediment and pollutants.
(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
Erosion and Sedimentation Control
Plans270 for all activities which may adversely affect the University Lake,
Cane Creek, and Upper Eno Watersheds.
Q) 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 271 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.272
(B) It shall be unlawful, within the jurisdiction of this Section, to engage in lead-disurbing
as#i 4Land-Disturbing Activity, except as provided herein, without first obtaining a wit
Land Disturbing Permit (LDP)273 as required by this Section and without complying with
the conditions of the issuance of said geg44LDP.
(C) Any person engaged in land-disturbing activities who fails to file a-plangpply for an
LDP274 in accordance with this Ordinance, or who conducts a
astivltyLand-Disturbing Activity except in accordance with provisions of an approved plan
LDP shall be deemed in violation of this Ordinance.
6.15.3 Erosion Control Standards
(A) Orange County Erosion Contro1275 Standards
270 Consistentuse of"Erosion and Sedimentation Control Plans".
271 Deleted "soil".
272 Revised per NCDEQ peer review comment.
273 "Land Disturbing Permit"is correctly noted to match the Definitions section of this Ordinanceand the
appropriate acronym for Land DisturbingPermit(LDP) is included-NOTE: "Land Disturbing Permit"and"LDP"
are integrated through the remainder of Section 6.15,where applicable.
174 Cl a ri ficati on of requi rements.
275 Clarificationthatthis sub-section is specificto"Orange County erosion control standards"
Orange County, North Carolina- Unified Development Ordinance Page 6-117
Article 6: Development Standards 108
Section 6.15:Soil Erosion and Sedimentation Contro1268F
Requirements, standards, and specifications for
AAd0P46;AtQt;QA rQAtr„l WAAErosion and Sedimentation Control Plans276 and erosion
control techniques, measures, and devices are contained in the Grange Gounty goo!
most current version of th4&-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)=
278
(B) Revisions to the-Orange County Erosion Contro1279 Standards
Corrections, revisions, and amendments to
AAa�alOrange County erosion control standards280 shall be made upon recommendation
of the Erosion Control Officer_-aaA-approval by the Planning Director, and approval by
the281 Orange County Board of Commissioners.
(C) Consistency Between Ordinance and Orange County Erosion Contro1282 Standards
Nothing in this Section shall be construed to allow approval of a-gtanan 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 agriculture283 undertaken on agricultural land for the production of
plants and animals useful to man, including, but not limited to:
(1) Forage& and sod crops, grain& 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,;a4d
(6) Fur producing animals, and
276 Consistentuse 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.
217 Correct reference to North Carol i na Admi ni strati ve Code Titl e 15A Chapter 4 a nd the Erosion a nd the Sedi ment
Control Planning and Design Manual (NC Erosion Control)—NOTE. "NC Erosion Control Manual"is integrated
through the remainder of Section 6.15,where applicable.
278 The Division does not provide copies of the Manual to the public,this statement has been deleted.
279 Clarification thatthis sub-section is specificto"Orange County erosion control standards".
280 Clarification thatthis sub-section is specificto"Orange County erosion control standards".
211 Planning Director approval of"OrangeCounty erosion control standards"is needed priorto BOCC approval.
212 Clarification thatthis sub-section is specificto"Orange County erosion control standards".
283 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.; revised per NCDEQ peer
review comment.
Orange County, North Carolina— Unified Development Ordinance Page 6-118
Article 6: Development Standards 109
Section 6.15:Soil Erosion and Sedimentation Control268F
W(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.284
(B) Forestland
(1) Activities undertaken on forestland for the production and harvesting of timber
and timber products and conducted in accordance with standards defined by
the Forest Practice Guidelines Related to
Water Quality (Best Management Practices), as adopted by the North Carolina
Department of Agriculture and Consumer Services.285
(2) If lapd_dost-Obopq aGti,4yLand-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.286
(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.
(q(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 12.2.287
6.15.5 General Requirements for Areas Other Than University Lake, Cane Creek, and Upper Eno
Watersheds
(A) Protection of Property
(1) Person(s) conducting Land-Disturbing Activityies shall take all reasonable
measures to protect all public and private property from damage by such
Ar-tkeit'p-sLand-Disturbing Activity.
(2) The disposal of trees, limbs, stumps and construction debris associated with the
Land-Disturbing Activity-shall be by some method
other than open burning.
284 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
185 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
116 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
287 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
Orange County, North Carolina— Unified Development Ordinance Page 6-119
Article 6: Development Standards 110
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(3) This requirement shall apply to any areas to be disturbed, regardless of the size
of the area to be uncovered.
(B) Erosion and Sedimentation Control Plan Requirement
(1) 288At least 30 days priorP14er to the commencement of any
ast4A&and-Disturbing Activity that will result in the uncovering of more than
20,000 square feet of land, the person(s) conducting the lapd-disturbiAg
'^tom Mt&and-Disturbing Activity must prepare and submit an
Erosion and Sedimentation Control PlanCeptrol
for the proposed site.
(2) The Erosion and Sedimentation Control
PlanWan shall specify the method of disposal of trees, limbs, stumps and
construction debris associated with the activity; which shall be by some method
other than open burning.
(3) The Erosion and Sedimentation Control
PlanWap must be approved and � I onrl Dicta drhi% Dormitan LDP obtained prior
to the start of the dis#'1PIPa+aseLand-Disturbi ng Activity.
6.15.6 General Requirements for University Lake, Cane Creek, and Upper Eno Watersheds
(A) Protection of Property
(1) Personis)289 conducting lonrl-disturhipq aGti.a„Land-Disturbing Activity shall take
all reasonable measures to protect all public and private property from damage
by such astiWiesLand-Disturbing Activity.
U The disposal of trees, limbs, stumps and construction debris associated with the
Land-Disturbing Activity shall be by some method other than open burning.290
(3) This requirement shall apply to any areas to be disturbed, regardless of the size
of the area to be uncovered.291
(2) Thic rog iiromont shall apply to ano-vrT-area to be d s-t-irhorlirhorl
(B) Erosion and Sedimentation Control Plan Requirement
(1) Except as otherwise provided in Section 6.15.6(C) of this Ordinance292, an
Erosion and Sedimentation Control Plan shall be prepared acid-293filed with and
approved by the Erosion Control Division at least 30 days294 prior to the
commencement of any Land-Disturbing Activity within the
University Lake, Cane Creek, and Upper Eno Watersheds.
(2) The Erosion and Sedimentation Control
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
288 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
289 Text correction—added parenthesis for consistencywith previous sub-section.
290 Added Item 2 and Item 3 for consistency with Section 6.15.5(A) of this Ordinance.
291 Added Item 2 and Item 3 for consistency with Section 6.15.5(A) of this Ordinance.
292 Consistent reference to "this Ordinance".
293 Text correction—deleted "prepared and".
294 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
Orange County, North Carolina— Unified Development Ordinance Page 6-120
Article 6: Development Standards 111
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(1) The person(s) conducting the Wnd-disturbipg t'41-and-Disturbing Activity
need not submit an Frosmon Qg^ ic,^ ;a.,� r.,4d0„o.t;a-to p f Qntrol ola^Erosion and
Sedimentation Control Plan if such person obtains an
Erosion and Sedimentation Control Plan
Waitewaiver from the Erosion Control Division.
(2) An application for this waiver shall be submitted to the Erosion Control Officer
and shall contain the following:
(a) The name, address, and phone number of the developer and owner,
(b) A description and drawing of the proposed development or' Land-
Disturbing Activity,
(c) The location of the development, and
(d) Any other information requested by the Orange County Erosion Control
Officer that is reasonably necessary to evaluate the proposed
development.
(3) The Erosion Control Officer shall issue the
RlanErosion and Sedimentation Control Plan W;;WA waiver if he/she finds the
following:
(a) The Land-Disturbing Activity will not result in the
uncovering of more than 10,000 square feet; and
(b) The Land-Disturbing Activity is not to be
conducted in connection with any of the following types of developments:
(i) Shopping centers,
(i i) Industrial and commercial facilities,
(iii) Major subdivisions,
(iv) Roads, or
(v) Any activity involving the temporary or permanent storage
(above or below ground) of any noxious, toxic, or hazardous
substance, including fuel storage facilities.
(c) The proposed Land-Disturbing Activity will not:
(i) Significantly increase or decrease the rate or volume of surface
water runoff,
(i i) 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
reservoir - or
(v) Involve open burning of trees, limbs, stumps and construction
debris associated with the permitted activity.
6.15.7 Design and Performance Standards
(A) Basic Control Objectives
An Erosion and Sedimentation Control Plan may be disapproved pursuant to Section
2.19 of this Ordinance if the Erosion and
Sedimentation Control Plan fails to address the following control objectives:
(1) Identify Critical Areas
Orange County, North Carolina— Unified Development Ordinance Page 6-121
Article 6: Development Standards 112
Section 6.15:Soil Erosion and Sedimentation Contro1268F
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 mitigation295
measures are to be taken to protect those areas.
(2) Plan for Erosion Control
(a) Design the development and prepare the site plan so that the necessary
sediment-trapping devices and erosion control measures can be
accommodated and are accessible for maintenance and removal.
(b) Observe the requirements and standards in
EMSlop Q.Pd SACIO 9opt (`optrol MQA61al Q.Ad tho North Carolipo F=msiop
the most current version of
North Carolina Administrative Code Title 15A Chapter 4: Sedimentation
Control, and the most current version of the296 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 4imetime 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—297
(5) Control Uparade298 Stormwater Runoff299
2-i-4ar-o ;A.(QtwStormwater 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-Site300 Stormwater Runoff
Shall iACli IdQ mood iroc to noptrol the malority apd the rat@ of mloaso at the point
9Qdimoptatinn of tho Stroap,. The Erosion and Sedimentation Control Plan shall
be designed so that any increase in velocity 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
291 Text correction—replaced"mitigative"with "mitigation".
296 Consistent reference to"most current version"of North Carolina AdministrativeCode and the NC Erosion
Control Manual.
297 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
298 Text correction—added "Upgrade" so as to differentiate this sub-sectionfrom Section 6.15.7 (A) (7).
299 Consistent use of"stormwater runoff"—NOTE. "stormwater runoff"is integrated through the remainder of
Section 6.15, where applicable.
Sao Text correction—added "On-Site" so as to differentiate this sub-sectionfrom Section 6.15.7(A) (5).
Orange County, North Carolina— Unified Development Ordinance Page 6-122
Article 6: Development Standards 113
Section 6.15:Soil Erosion and Sedimentation Contro1268F
and Sedimentation Control Plan shall include measures to prevent accelerated
erosion within the project boundary and at the point of discharge.301
(8) Open Burning
The Erosion and Sedimentation Control
Plan shallOU14302 specify the method of disposal of trees, limbs, stumps and
construction debris associated with the a yLand-Disturbing Activity; which
shall be by some method other than open burning.
(B) Mandatory Design and Performance Standards for Land-Disturbing Activity
No Land-Disturbing Activity subject to the provisions of this Section
shall be undertaken except in accordance with the following mandatory standards:
(1) Buffer Zone
(a) No lanrt-rlisfi-rhinn arti„i+.,Land-Disturbing Activity dads-Qf
rnnstn,r+inn nr imnrnueme it to Ianr1 303shall 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
aGtisAyLand-Disturbing Activity.
(b) Unless otherwise provided, the width of a buffer zone is measured from
the edge of the water to the nearest edge of the disturbed area, with the
25% of the strip nearer the land—disturbing -activity containing the natural
or artificial means of confining visible siltation.
!n,l)I-NRte-c Glassifip_d as Tmi it Waters thr@F_=Prirnnmontol lVl@Aa vom�nt
304
`2) IA12�s�ahathave been classified as trout waters by the Environmental
O
of the
( ))Tha 25 fount ' imp a��iirlth for an undisturbed buffer zone adjacentto
b2nk
(4) The :!0aCounty may approve plans %uhic-h inc-1--ide- land-disturbing
dist„rhin ertivity would he temporary and the evte nt_of said dist„rhanre
la nd_dist„rhin artivifii uin„Id he minimal This a,bsertion shall not apply
T
to a land-dist„rhino activity in ronnertion with the construction of facilities
to be lo-cated e over, •
(5) Where a temporary and minimal disturbance land_disturhin artivifii i
Ordinance,permitted as an exception by Section 6.15.7(B)(1)(c)(iii) of this
O
disturbed,
such that thara is not morn than 100
areas may ba dos-turba-d With the approval of the Dire-r-tor of the
Division of 1 and Re-go----rres of the Do pa rtme nt of Envi ronme-nt and Natural
101 Revised to reflect the most current version of NCDEQ's model ordinancefor E&SC.
102 Text correction—grammar fix.
303 Deleted "duringperiods of construction or improvement to land"—this was extraneous text.
304 There are no EMC recognized Trout Waters located in Orange County. This section is irrelevantand has been
deleted; revised per NCDEQ peer review comment.
4'04 tr «orange county"
Orange County, North Carolina— Unified Development Ordinance Page 6-123
Article 6: Development Standards 114
Section 6.15:Soil Erosion and Sedimentation Contro1268F
Raso-rce -.
(6) No land-dis-turbing activity shall be undertaken within a h ruffnr lone
flUGtuationce as cot forth in 15 hlCAC 2R 0211 Frash S-02an Wator
and Standards, inthese WPIWIPS;
q}U_Graded Slopes and Fills
(a) The angle for graded slopes and fills shall be no greater than the angle
which can be retained by vegetative cover or other adequate erosion
control devices or structures.
(b) Slopes left exposed shall,
phase of nradin^, _be planted or otherwise provided with ground cover,
devices, or structures sufficient to restrain erosion, within the timelines as
specified in the most current version306 of North Carolina the-NG
Administrative Code Title 15A Chapter 4: Sedimentation Control.
(c) The angle for graded slopes and fills must be demonstrated to be stable.
Stable is the condition where the soil remains in its original configuration,
with or without mechanical constraints.
44(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.307E me inn Cnntrnl nAa mal
(}(3) Undisturbed Area
Because soils which are seriously disturbed, even if re-vegetated, can generate
nearly as much rin-effstormwater runoff308 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).
�ABLIE 6.15.7.13.1 UNDISTURBED A�W
DISTRICT UNDISTURBED AREA
The area necessaryto meetimpervious 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.
Al clearing limits shall be clearlymarked and
observed.
All other Watershed OverlayDistricts As maybe required pursuanttoan approved 9
PGF A;it r ornG,n GGRtFGI.,iar LDP.
{9}14J_Ground Cover
(a) Whenever lapd-distupbipg aGti.AyLand-Disturbing Activity is undertaken
306 Forground cover timelines-consistent reference to "most current version"of the NC Administrative Code Title
15AChapter 4:Sedimentation Control andthe NC Erosion Control Manual.
307 Added language regardingfill materials,in conformancewith current state Model Ordinance.
308 Consistent use of"stormwater runoff".
Orange County, North Carolina- Unified Development Ordinance Page 6-124
Article 6: Development Standards 115
Section 6.15:Soil Erosion and Sedimentation Control268F
on a tract comprising more than 20,000 square feet, if more than 20,000
square feet are uncovered, the person conducting the
ast+vtyLand-Disturbing Activity shall install such sedimentation and
erosion control devices and practices as are sufficient to retain the
sediment generated by the ' ' Land-Disturbing
Activity within the boundaries of the tract during construction upon and
development of said tract, and shall plant or otherwise provide a
permanent ground cover sufficient to restrain erosion after completion of
construction or development.
(b) ExG@pt as nrn,4dp-d in SQrtion R 9�. 7/Rl/C.1/o1 309nf fhic Qrdinonro
Pprovisions for a ground cover sufficient to restrain erosion must be
accomplished within 15 working days nr an Galepdar days %A1hirhAy@
period—isskisrterthe timelines as specified in the most current version310
of the North CarolinaG Administrative Code Title 15A Chapter 4:
Sedimentation Control Fr^s;Opp r„nfr„l nnnn„nl following completion of
construction or development.
49-)t5)—Design Storm
(a) Except as provided in Sections 6.15.7(B)(6) and 6.15.7(B)(7>-31 of this
Ordinance
31� of+ho nlr Grninn
Coptrnl Map-iol 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 runoff313 from the 10ton-
year frequency storm.
(b) R--POff Stormwater runoff rates shall be calculated according to WSiAg the
procedures in the latest edition of the United States Department of
AgricultureS-DA Natural Resources—Seif-Conservation Service's "National
Engineering Field Handbook 630 forMapaJ for Conservation Practices,"
or according to other calculation procedures acceptable to the Erosion
Control Officer.
f144&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.
3"Tcxt serTestie n—.,d d Qd a s
110 For ground cover requirements -c6onsistentreference to "most current version"of the NC Administrative Code
Title 15AChapter 4: Sedimentation Control.
"I Text correction—added a space. Reference to the sections specificto additional requirements for projects in
HWQ and Falls Lake Watershed areas.
313Consistent use of"stormwater runoff"—NOTE.the use of"stormwater runoff"is implemented through
remainder of Section 6.15,as applicable.
Orange County, North Carolina— Unified Development Ordinance Page 6-125
Article 6: Development Standards 116
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(ii) Larger areas may be uncovered within the boundaries of the
tract with the written approval of--by-the Director of the Dk4sien of
Resources—t-The 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-314
(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 stormwatel runoff shall be calculated according
to procedures in the latest edition of the United States
Department of Agriculture Natural Resources&DU Conservation
Service's "National Engineering Field Mariial Handbook 630 for
Conservation Practices"or according to other calculation
procedures acceptable to the Erosion Control Officer
anv other aoenov of this state or the I IAitQd Ctatec or env
generally reGognized organization or
(c) Sediment PondS315
M Sediment ponds (also called "sediment basins")w4hin 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 Ql lrh that the PGAd ;vill hW.o a cettli% effirienry of at
IQAst 0
that 2-year storm whiGh PMCII-199-93 thQ_ Maximum peak
rAW Of
114 Correctionof entity name andadditionofinformationfrom 15A NCAC Chapter4.
315 Revised to reflect current standards within 15ANCAC Chapter 4.
Orange County, North Carolina- Unified Development Ordinance Page 6-126
Article 6: Development Standards 117
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(i i) -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 Desig-n316
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.
nonorolhi ron nnni�orl nrnoni�o#inn nr Qccnniatinn
44(e) Open Channels
(i) Newly constructed open channels in HQW zones 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
(i i) 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.
(k-}(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
Control.317 nr l5 yVerLinn days OF 60 rolAAdA
31� of#ho 1�I(` Grncinn
(7) Standards for the Upper Neuse River Basin (Falls Lake Watershed)319
316 New section added to reflect current standards within 15ANCAC Chapter 4.
317 For ground cover requirements -consistentreference to"most current version"of the NC AdministrativeCode
Title 15AChapter 4: Sedimentation Control
319 New section added to specify additionaI requirements withinthe Falls Lake Watershed.
Orange County, North Carolina— Unified Development Ordinance Page 6-127
Article 6: Development Standards 118
Section 6.15:Soil Erosion and Sedimentation Contro1268F
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
T 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.
(i i) 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,
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.
(i i) 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 veaetative cover is used for stabilization
(i i) 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
Rimer 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.
424tM—Prior Erosion and Sedimentation Control Plan Approval
No person shall initiate any is^a-dirt urbipg aGti,AtyLand-Disturbing Activity on a
tract if more than 20,000 square feet are to be uncovered unless, 30 or more
days prior to initiating the astN4tyLand-Disturbing Activity, an Arosion and
Erosion and Sedimentation Control Plan for such
Orange County, North Carolina— Unified Development Ordinance Page 6-128
Article 6: Development Standards 119
Section 6.15:Soil Erosion and Sedimentation Control268F
anti Aty- nd-Disturbing Activity is filed with and approved by 0ranget4@320
County and approved, and a. I and. Disturbing Dormi+an LDP obtained from the
Orange321 County. The Land-Disturbing Activity shall be
conducted in accordance with the approved
plapErosion 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
(a) Channeling stormwater runoff directly into water bodies shall be
prohibited.
(b) Stormwater runoff off 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 Erosion orncinn and sodomon#o#inn
Copt l DlonErosion 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 L and-oisturhing A Ai.,i+.,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
szo Consistent reference to"Orange County".
"I Consistent reference to "Orange County".
Orange County, North Carolina- Unified Development Ordinance Page 6-129
Article 6: Development Standards 120
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(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 flo).vfl^°stormwater runoff can be directed
into this buffer area in a manner that will reduce velocity and cause
dispersion of the watg stormwater runoff. Sediments carried by the watgr
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).
a. Measure along a line running perpendicular to the edge
of the floodplain 50 feet from the edge of the floodplain
plus an additional distance equal to: 4 x slope x 100.
b. If no floodplain has been demarcated, measure along a
line running perpendicular to the center of the
watercourse. Measure the 50 feet from the edge of the
water.
C. "Slope" is expressed as a percentage derived by dividing
the rise in elevation between the floodplain boundary line
(or centerline of the watercourse per above) and a point
100 feet from that point along the above described
perpendicular line, by 100.
(ii) Intermittent streams flowing into creeks and tributaries.
a. Measure along a line running perpendicular to the
centerline of the intermittent stream 50 feet from such
stream centerline.
(iii) Intermittent streams flowing directly into water supply reservoirs
within University Lake, Cane Creek, and Upper Eno Watersheds.
a. Measure along a line running perpendicular to the
centerline of the intermittent stream 100 feet from such
stream centerline.
(iv) Intermittent streams flowing into streams which flow directly into
water supply reservoirs within University Lake, Cane Creek, and
Upper Eno Watersheds.
a. Measure along a line running perpendicular to the
centerline of the intermittent stream 50 feet from such
stream centerlines.
(v) Water supply reservoirs within University Lake, Cane Creek, and
Upper Eno Watersheds.
Orange County, North Carolina— Unified Development Ordinance Page 6-130
Article 6: Development Standards 121
Section 6.15:Soil Erosion and Sedimentation Contro1268F
a. Measure along a line running perpendicular to the high
water mark or floodplain boundary (whichever is farther
from the Lake) 100 feet from such high water mark or
floodplain boundary plus an additional distance equal to:
4 x slope x 100
b. "Slope" is expressed as a percentage derived by dividing
the rise in elevation between the high water line of the
Lake and a point 100 feet from that point along the
above described perpendicular line, by 100.
(d) The existing natural vegetation in the designated buffer areas shall not
be disturbed in any way that would reduce the area's effectiveness in
achieving the objectives set forth in this subsection.
(e) Buffer areas from which the vegetative cover has been removed shall be
planted or otherwise provided with ground cover devices or structures
sufficient to allow the buffer area to accomplish the objectives set forth in
this subsection.
(f) Buffers shall not be used as temporary erosion control devices during
construction.
(9) Sediment Storage
(a) Sediment shall be retained on the site of the development.
(10) Detention or Retention Areas—
(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.
Orange County, North Carolina— Unified Development Ordinance Page 6-131
Article 6: Development Standards 122
Section 6.15:Soil Erosion and Sedimentation Control268F
(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 Ordinance322 shall be used to ensure that runoff is
retained on the site before being released. The purpose of this
requirement is to e1323nsure that, not only will the standard set forth in
Section-324 6.15.8(A) of this Ordinance325 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
(1) If the same person conducts the Land-Disturbing Activity and any related borrow
or waste activity, the related borrow or waste activity shall constitute part of the
Land-Disturbing Activity, unless the borrow or waste activity is regulated 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 Activities.326
obtainer) apd �ghinh aro Pot roof is+ed by +ho oro�Asions of+he Mining An+of 1979
arlfl Inias+e areas for si irpli is ma+oriole other +hen landfills roof ia+ed by+he '
thg Mla-StA Material originated-.
(E) Ad ditki ona- Standards for Access and Haul Roads
(1) Temporary access and haul roads, other than public roads, constructed or used
in connection with any Land-Disturbing Activity shall be
considered a part of such a yLand-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_dis+i irhiAg @Gti,4Land-Disturbing Activity.
(F) Additional Standards for Operations in Lakes or Other Natural Watercourses
(1) Land-Disturbing Activity in connection with construction in,
on, over or under a lake or natural watercourse shall be planned and conducted
in such a manner as to minimize the extent and duration of disturbance of the
stream channel.
(2) The relocation of a stream, where relocation is an essential part of the proposed
Land-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.
122 Consistent reference to "this Ordinance".
"I Text correction—grammar fix.
124 Text correction—deleted a space.
"I Consistent reference to "this Ordinance".
326 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 123
Section 6.15:Soil Erosion and Sedimentation Control268F
(3) Every effort shall be made to maintain buffer zones consisting of existing
vegetation between the Land-Disturbing Activity and the
watercourse.
(G) Additional Standards for Economic Development Districts
The following additional standards shall apply within the Economic Development Districts:
(1) Lot grading must be done in such a way as to preserve the topographic features
and maintain natural drainage patterns, and to provide positive drainage. In
locating buildings, parking, and other features on the site, the following standards
must be met:
(a) Minimize disturbance and phase development wherever practical.
(b) Preserve existing vegetation, especially significant stands of trees along
drainageways, on steep slopes, and in buffer areas.
(c) Use the natural shape of the land with minimal grading to locate features
in a way that minimized impacts on and off the site.
(2) All site grading must be designed to meet the standards shown on the following
table:
SLOPE . STANDARDS
SLOPESITE AREA MINIMUM SLOPE MAXIMUM
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 rja-of#stormwater runoff was 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
Orange County, North Carolina— Unified Development Ordinance Page 6-133
Article 6: Development Standards 124
Section 6.15:Soil Erosion and Sedimentation Control268F
After development of a site, the peak discharge of stormwater runoff resulting from a
10ten327-year storm shall be no greater than that which would result from a 10ten328-year
storm on the same site prior to development. This requirement shall apply to the
following:
(1) Commercial, industrial, office, and institutional developments,
(2) Multi-family residential developments of more than ten units, and
(3) Single-family detached residential developments where more than three lots are
to be created.
(B) Control of Velocity
(1) Persons shall plan and conduct la -disturbinq acti,# 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 sr#ase-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 disGhapge-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 #ow-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.
117 Text correction-consistentuse of"10-year"within this sub-section.
118 Text correction-consistentuse of"10-year"within this sub-section.
Orange County, North Carolina- Unified Development Ordinance Page 6-134
Article 6: Development Standards 125
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(3) Permissible Velocities
TABLE 6.15.8.C.3: MAXIMUM PERMISSIBLE • E.
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 bythe Special Committee on Irrigation Research,
American Society of Civil Engineers,1926,for channels with straight alignment.Forsinuous
channels,multiplyallowable velocity by 0.95for slightlysinuous channels,by0.9 for
moderate) sinuous channels,and b 0.8forhighly sinuous channels.
(4) Exceptions
This rule shall not apply in areas other than the University Lake, Cane Creek, and Upper
Eno Watersheds where it can be demonstrated that stormwater
runoff velocities will not create an erosion problem in the receiving watercourse.
6.15.9 Responsibility for Installation and Maintenance
(A) On-Site Facilities
(1) During the development of a site, the person engaged in or conducting the land-
disturbing OIG44tyLand-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
Erosion 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 6-136
Article 6: Development Standards 126
Section 6.15:Soil Erosion and Sedimentation Contro1268F
(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 deuelepegs-329(;resfan apd
Erosion and Sedimentation Control Plan.
(C) Additional Measures
Whenever the Erosion Control Officer determines that
astaccelerated 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.330
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-DisturbingActivit ins not excluded
under Section 6.15.4 of this Ordinance331 and
(2) Are outside the University Lake, Cane Creek, and Upper Eno Watersheds and
exceed 20,000 square feet, and
(3) Are subject to continued accelerated erosion, and
(4) Are causing off-site damage from sedimentation,
Shall be provided with a ground cover or other protective measures, structures, or
devices sufficient to restrain accelerated erosion and control off-site sedimentation.
(B) Notice of Violation
(1) The Erosion Control Officer will serve upon the landowner or other person in
possession or control of the land written notice of violation by registered or
certified mail, return receipt requested, or other means reasonably calculated to
give actual notice.
(2) The notice will set forth the measures needed to comply and will state the time
within which such measures must be completed. In determining the measures
required and the time allowed for compliance, the authority serving notice shall
take into consideration the economic feasibility, technology, and quantity of work
required, and shall set reasonable and attainable time limits for compliance.
(C) Plan Requirements
The Erosion Control Officer reserves the right to require preparation and approval of an
Erosion 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.
329 Deleted "developer's"—this was extraneous text.
330 Revised to match NCDEQ's current model ordinance,revised per NCDEQ peer review comment.
331 Consistent reference to "this Ordinance".
Orange County, North Carolina— Unified Development Ordinance Page 6-137
Article 6: Development Standards 127
Section 6.22:Performance Guarantee Standards erformance Gurantee331F
(b) If FEMA has approved a Conditional Letter of Map Revision (CLOMR),
then a Letter of Map Revision (LOMR) must also be obtained upon
completion of the proposed encroachment.
(c) No manufactured homes shall be permitted.
(D) Subdivisions, Home Parks, and Major Developments
All subdivisions, home parks, and major development proposals located within SFHAs
shall:
(1) Be consistent with the need to minimize flood damage.
(2) Have public utilities and facilities such as sewer, gas, electric, cable, and water
systems located and constructed to minimize flood damage.
(3) Have adequate drainage provided to reduce exposure to flood hazards.
(4) Have provided all Base Flood Elevation (BFE)data adopted by reference per
Section 1.1.3 of this Ordinance.
(E) Effect Upon Outstanding Floodplain Development Permits
Nothing herein contained shall require any change in the plans, construction, size, or
designated use of any development or any part thereof for which a floodplain
development permit has been granted by the Floodplain Administrator or his/her
authorized agents before the time of passage of this Ordinance; provided, however, that
when construction is not begun under such outstanding permit within a period of six
months subsequent to passage of this Ordinance or any revision thereto, construction or
use shall be in conformity with the provisions of this Ordinance.
(F) Enforcement
The provisions of the SFHA shall be enforced in accordance with the requirements
contained within Section 9.7 of this Ordinance.
(A) For all Performance Guarantee requirements, the following shall apply:333
(1) The type of Performance Guarantee shall be at the election of the applicant.
Acceptable Performance Guarantee instruments include, but are not limited
to:
(a) Aa performance bond or,surety bond from a bonding company
authorized to do business in North Carolina:,-
(b) An irrevocable er-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
project management costs, Qf
(3) The estimated&� cost shall be, based on applicable industry norms and
shall be itemized and certified by a North Carolina registered4gons9d
professional engineer or landscape architect (to the extent that General Statute
Chapter 89A allows).
332 NEW SECTION.
333 Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina- Unified Development Ordinance Page 6-162
Article 6: Development Standards 128
Section 6.22:Performance Guarantee Standards erformance Gurantee331F
(4) Performance Guarantees shall be used only to complete required construction
activities and shall not be used for repairs or maintenance activities.
(B) ForA.dd0tiQP;al RQq!iiromo^f� _Zoning Compliance Permits and Subdivisions, 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) For Stormwater Control Measures (SCMs , the following
additional requirements shall apply:
Timinn nneorono dg PQt0nn ov#oncinn lonol rocnnncihilifioc QAd rWQ 5;Q of 204
(1) All SCMs shall be conditioned on the posting of an SCM Performance
bGPAGuarantee for SCM construction and initial SCM maintenance as detailed
herein.-334
U The SCM Performance Guarantee costliest estimates shall be sealed by a North
Carolina registered professional engineer or landscape architect (to the extent
that General Statute Chapter 89A allows) ,
and shall
include, 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
imQrovements 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 entity335(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:
334 Existing regulations(Section 6.14.10 of the LIDO) requires the postingofa Performance Guarantee covering the
construction and initial operation of an SCM. Staff is merely takingexisting requirements and proposingto move
same into a central section on required 'Performance Guarantees'.
335 Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina- Unified Development Ordinance Page 6-163
Article 6: Development Standards 129
Section 6.22:Performance Guarantee Standards erformance Gurantee331F
(a) Draft plat(s)and336 deed(s) for any required SCM maintenance
easement(s) or draft subdivision plat(s)and337 deed(s) that contain any
required SCM maintenance easement(ss), ready for recording with the
Orange County Register of Deeds. The draft plat(s) and338 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 drawings) 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 %r--�u until the
following requirements are met:
(a) The SCM will pass inspection when the Erosion Control Officer determines
that the SCM is functioning as designed and intended per the approved
S M P;339_
(b) AnAI4 SCM Operation and Maintenance Agreement (OMA) in
conformance with Section 6.14 of this Ordinance Chas been
r@iewreviewed and iapproved by the Erosion Control Officer and
subsequently recorded by the owning entity at the Orange
County Register of Deeds;
9r&4ae649,340
The signed SCM maintenance easement -dOf A-A
v WE; Grncinn (`nn#rnl Of for nnno #ho fnlln\ewn inform o#inn is
3"
(c) The-skRe"eedL1 and342 plat(s), or subdivision deed(s) and343 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, rola-#od o@cocoon#c
and c-n,Rv nlatfor #ho crna mady for filling with #ho (lrnn o �
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;.-
(e) The owning entity pays the required 5-year SCM inspection fee as
336 Edit(s)based on Legal Sufficiency Review comments.
337 Edit(s)based on Legal Sufficiency Review comments.
338 Edit(s)based on Legal Sufficiency Review comments.
339 Edit(s)based on Legal Sufficiency Review comments.
ringrequirement(s) as detailed ip Ser=tiep G.141.10Afthp
1n 1n ftho jinn
Existingrequirement(s) as detailed inSection 6.14.10 (G) nftho icon
342 Edit(s)based on Legal Sufficiency Review comments.
343 Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina— Unified Development Ordinance Page 6-164
Article 6: Development Standards 130
Section 6.22:Performance Guarantee Standards erformance Gurantee331F
described in Section 6.14.10(B)(6) of this Ordinance.
ra+'nns
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 shallwiR release 75%344 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 who shall approve it upon
receipt of a recommendation by the Erosion Control Officer.345
If#ho r 'or# ossos ins or+inn and #ho Grnsinn Coptrnl Of nor arro +s#h
rer#Ifira+inn dQQd and oasomen+s the onnliran+ shall file +ho deor# and
0
Om 1i2nn8 Dnrm i4 fir+hn
3"
(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.347 Upon
completion, the SCM improvements shall be re-inspected by the Erosion Control
Officer.
If dofirionrioc ore fniinrl MR Emsinn (`nn+rnl Offiror shall dmror# +ha+ +ho
a rrnr�l I I nn ram Ie#inn +ho shall ho ro_inc or+or# 343
(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 approyes349 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.9:�e
+ho limn+ MAV Qqt0t0QP far +he roleaso of+ho romaininn
Upon roroi + of said o+i+inn #ho Ernsinn Gopt -1 (lfflror shall ins or+ +h
AtoAdt; If t shall ho ie n n n+ #ho
344 Edit(s)based on Legal Sufficiency Review comments.
345 Edit(s)based on Legal Sufficiency Review comments from August 24,2022.
�B
347 Edit(s)based on Legal Sufficiency Review comments.
349 Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina— Unified Development Ordinance Page 6-165
Article 6: Development Standards 131
Section 6.22: Performance Guarantee Standards erformance Gurantee331F
Orange County, North Carolina— Unified Development Ordinance Page 6-2
Article 7: Subdivisions 132
Section 7.4: Improvements and Performance Guarantees
IMPROVEMENTS •
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 Performance Guarantee350 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
aso Consistentus of"Performance Guarantee".
Orange County, North Carolina— Unified Development Ordinance Page 7-4
Article 7: Subdivisions 133
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 a Performance
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.
mov for gQQd Ga ico aAd with tho approval of the proWer of the g aPaAtoo' nt nro
pVtQARiO mP5; of tho for with oonh SWCh ovtoncioP not to ovnoorl ono Year.
(C) R@1formonro of aPaAtooc mi ict ho in tho form of a norfnrmonro hoAd irro,.nrohlo 'Att f
Gred't
form of guarapte-p- shall bp-
�r-.
(D) The P@FfGFMaAGG gWaFaAt@8 shall he r-,onditioned upon the performanGe At all work
es-tomates- shall be hased on industry norms within QrangE) C;OLAnfxi
(G) if a sUbd_keider fails- to properly install required improvements �.Alithin the torm of the
IQQ r4@lQQ.9;-@4d-
pro�Aded.
QPr_,P__ -all of the required improvements- ha�.Q_ been -at le-a-st O
351
3s'All Performance Guarantee requirements are now detailed in Section 2.27 ofthe UDO. Most ofthe languageis
referenced within NCGS 160A-372,which is also referenced within Section 2.27. The amendments arenecessary
to streamline requirements,avoid confusion,and avoid inconsistencies with State law.
Orange County, North Carolina— Unified Development Ordinance Page 7-5
Article 7: Subdivisions 134
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 Guarantees352, 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
Guarantee353 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 poiformanGe
bgAdguaranteePerformance Guarantee354 meeting the requirements of Section 2.27 of
this Ordinance.,
V0) The ame-unt of the quarantee shall he at le;;st g
0
rough qPadiAq-�
swr�r, if the s irva yor was the nrigaAal Pronoror of the nlaAS fnr Oho
OF lironced professiopal sidpmyor may prPAdo the itemizod rust Qstimate
(5) The Planning ara-G-tor or Planning Board higher guaraptop- amount
(4) Cost P-stomatos rri-st bR based on industry norms within Orange GoUnh,
112 Consistent use of"Performance Guarantee".
"I Consistent use of"Performance Guarantee".
354 Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina— Unified Development Ordinance Page 7-7
Article 7: Subdivisions 135
Section 7.5: Subdivision Agreements
(E) The guarantee shall hwM -a torm of two years and shall pro�Ade an option for ann,-a'
(F-) E) 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.
SUBDIVISION
(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.
GENERAL DESIGN STANDARDS
The avoidance of congestion and overcrowding and the creation of conditions essential to public health,
safety and the general welfare may be best accomplished through the application of design standards
providing for the distribution of population and traffic, safe and coordinated street systems, approved
water supply and sewage disposal systems, usable lots and conformance to plans for Orange County as
recommended by the Planning Board and adopted by the Board of Commissioners. The following
general requirements and principles of land subdivision shall be observed:
7.6.1 Minimum Lot Size
(A) All lots shall contain the minimum lot area required by Article 3 of this Ordinance and
shall comply with all applicable development standards.
Orange County, North Carolina— Unified Development Ordinance Page 7-8
Article 7: Subdivisions 136
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-off355 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 Plan (SMP)356 shall be required as part of the application submittal.
ass Consistent use of"stormwater runoff".
ash Consistentuse of"Stormwater Management Plan(SMP)".
Orange County, North Carolina— Unified Development Ordinance Page 7-9
Article 7: Subdivisions 137
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) In accordance with Section 2.27 of this Ordinanrr
Performance Guarantees357 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.
RESERVATION OF • UTILITIES
-
7.9.1 Easements Required
(A) Where several utilities are available or can be anticipated to serve a subdivision
according to utility extension plans, utility easements, setbacks or other methods of
providing services may be required for service in that subdivision.
(B) Except where utilities may be located in approved alleys, easements, setbacks, or other
methods, not less than six feet in width may be required on each side of rear and side lot
lines.
(C) Utility easements, setbacks, or other methods may be required along said lot lines or
across lots for the extension of existing or planned utilities such as poles, wires, conduits,
storm or sanitary sewers, water lines, and/or gas lines.
7.9.2 Subdivisions in Transition Areas
Subdivisions located within Transition areas, as designated in the adopted Comprehensive Plan
and the Joint Planning Area Land Use Plan, which are to be served by individual wells and septic
tanks, may be required to dedicate water and sewer easements if the provision of such
easements is necessary to provide for future extension of utilities within the Transition Area in an
orderly and efficient manner.
7.9.3 Terms and Conditions of Easements
(A) It is not the intent of this section that the terms of any easement or way required by this
Section be dictated by Orange County.
(B) Any such terms and conditions may be negotiated between the subdivider/landowner and
the utility company. Provided, however, that where utilities are required for subdivision
approval, the Planning Department and/or Planning Board shall require an instrument
117 Reference to NEW SECTION.
Orange County, North Carolina— Unified Development Ordinance Page 7-29
Article 8: Nonconformities 138
Section 8.3: Completion of Non-Conforming Projects
(1) All expenditures made pursuant to a validly issued and unrevoked building,
zoning, special use, or Land-Disturbing
Permit (LDP)358 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.
sss Correct reference to "Land Disturbi ng Permit(LDP)".
Orange County, North Carolina— Unified Development Ordinance Page 8-2
139
ARTICLE 9: ENFORCEMENT
Miff 0T: I'm
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.
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 Emsiop
Erosion and Sedimentation Control Plan359 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.
9.3.1 Specifically
The following shall be considered violators of the Ordinance and subject to enforcement:
359 "Erosion Control Plan"replaced with "Erosion and Sedimentation Control Plan"as defined in15ANCAC
02H.1002(Definitions)—NOTE. "Erosion and Sedimentation Control Plan"is integrated through theremainder of
Article 9,where applicable.
Orange County, North Carolina— Unified Development Ordinance Page 9-1
Article 9: Enforcement 140
Section 9.7: Additional Procedures—Special Flood Hazard Area
ADDITIONAL • FLOOD HAZARD AREA
9.7.1 Actions in Event of Violation
(A) Identified violations of the Special Flood Hazard Area shall be sent a Notice of Violation.
The Notice shall detail the nature of the violation and schedule a hearing with the
Floodplain Administrator to review the situation.
(B) This hearing shall be held before the Floodplain Administrator at a designated place and
time, not later than ten business days after the date of the Notice, at which time the
owner shall be entitled to be heard in person or by counsel and to present arguments and
evidence pertaining to the matter.
(C) Following the hearing, the Floodplain Administrator may issue such order to alter, vacate,
or demolish the structure; or to remove fill as appears appropriate.
9.7.2 Order to Take Corrective Action
(A) If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator shall find that the structure or development is in violation of this Ordinance,
he or she shall make an order in writing to the owner, requiring the owner to remedy the
violation within a specified time period, not less than 60 days.
(B) Where the Floodplain Administrator finds that there is imminent danger to life or other
property, he or she may order that corrective action be taken in such lesser period as
may be feasible.
(C) In the absence of an appeal (see Section 2.27.7), the order of the Floodplain
Administrator shall be final.
9.7.3 Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take corrective action for
which no appeal has been made or fails to comply with an order of the governing body following
an appeal, the owner shall be guilty of a Class 1 misdemeanor pursuant to NC G.S. § 143-215.58
and shall be punished at the discretion of the court.
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-Disturbing Activity.
Notice of the right to inspect shall be included in the letter of approval of each Frnsiep
Erosion and Sedimentation Control Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
360 Title of Section 9.8 revised so as to match the naming conventions of other sectiontitles 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 141
Section 9.8: Soil Erosion and Sedimentation Control359F
(1) No PerSonperser► shall willfully resist, delay, or obstruct an authorized
representative, employee, or agent of Orange County, while that Personpow!,Gn is
inspecting or attempting to inspect a 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 credentialsapd361 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 Personper&e 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 Personpersop 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 parson-Person engaged in Land-
Disturbing Activity has failed to comply with the Act, this Ordinance, or rules, or
orders adopted or issued pursuant to this Ordinance, a notice of violation shall be
served upon that perser}Person.
(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.362
(3) The notice of violation shall specify a date by which the persop-Personmust
comply with the Act, or this Ordinance or rules, or orders adopted pursuant to this
Ordinance, and inform the person-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
Erosion 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 pemQA-Person who fails to comply within the time specified is subject to the
civil and criminal penalties provided in this Ordinance.
(6)
may be oormmplishod in onv monnor nro\4dP_d in ndo (4A of the North Garolino
If 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. The
PQt0QQ Of\JQWOnn may ho con.orl in fho *bt;d for conero of mrncQQQ
by NI C (_ Q 1A_1 Rido A and chAll inrli irlo inform Minn nn how to nhtoin
364
(D) Authority to Require Statements
"'This section has been revised to comply with the state's current E&SC Model Ordinance.
362 Edit(s)based on Legal Sufficiency Review comments.
.
364 Edit(s)based on Legal Sufficiency Review comments.
Orange County, North Carolina- Unified Development Ordinance Page 9-9
Article 9: Enforcement 142
Section 9.8: Soil Erosion and Sedimentation Control359F
(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 perGOA-Personis violating the 365erosion 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
GrQSOQA Q_FQ60QA a.pd 1;Q dlmcAtA1t0 A QQPtPQI DI@nErosion 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 366erosion 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 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 Procedures367
(1) The landowner, the Financially Responsible Party, or
their duly appointed agent shall perform an inspection of the area covered by the
plan after each phase of the plan has been completed and after establishment of
temporary ground cover in accordance with North Carolina General
StatuteAJ-S-G-S- 113A-57(2).
(22) 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.
(-2}(3) The Person who performs the inspection shall maintain and make
available a record of the inspection at the site of the 1aAd-di5;t11rhir,9 aGti :- Land-
Disturbing Activity.
{3}(41 The record shall set out any significant deviation from the approved eresieAaPd
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
planErosion and Sedimentation Control Plan.
365 Deleted "soil".
366 Deleted "soil".
367 This section has been revised to complywith the state's current E&SC Model Ordinance.
Orange County, North Carolina— Unified Development Ordinance Page 9-10
Article 9: Enforcement 143
Section 9.8: Soil Erosion and Sedimentation Contro1359F
(6) The inspections required by this subsection shall be in addition to inspections
required by N.C.G.S.GG2 113A-61.1.
(7) Where inspections are required by Section 9.8.1(G) of this Ordinance, or
N.C.G.S. 113A-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:
(i i) Clearing and grubbing of existing_ground cover;
(iii) Completion of any grading that requires around 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;
(i i) 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. Anyr
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 144
Section 9.8: Soil Erosion and Sedimentation Control359F
(1) Assessment of Penalties
(a) Any person-Person who violates any of the 368erosion and
sedimentation control provisions of this Ordinance or rules or orders
adopted or issued pursuant to these regulations, or who initiates or
continues a Land-Disturbing Activity for which an
Erosion 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 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.
{e}(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).369
(2) Notice of Civil Penalty Assessment and Demand for Payment of Penalty370
(a) The governing body shall Petfie
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_-or--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. 371
(c) If payment is not received within 30 days after demand for payment is
made, the Board of County
Commissioners may institute a civil action to recover the amount of the
assessment.
368 Deleted "soil".
369 This section has been revised to complywith the state's current E&SC Model Ordinance.
370 This section title has been merged with the titleof a redundant section which has now been eliminated.
371 This section has been revised to complywith the state's current E&SC Model Ordinance.
Orange County, North Carolina- Unified Development Ordinance Page 9-12
Article 9: Enforcement 145
Section 9.8: Soil Erosion and Sedimentation Control359F
(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
requestec1372 is due when the violator is served with a notice of
assessment.
(g) An assessment that is contested and a remission that is not requested373
is due at the conclusion of the administrative and judicial review of the
assessment.
(3) Civil Penalty Assessment Factors
(a) The governing body_^f the (Gity) (tgwp) (GQ Aty-) 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 37—erosion and sedimentation control provisions in this
Ordinance.
(4) Notice of Civil Penalty Assessment
(a) The governing body of the (Gity) (f,,WA), (GO Aty) shall provide notice of
the civil penalty amount and basis for assessment to the Personpa;&G►
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.,WA) (GO Aty), 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 Decision375
372 This section has been revised to complywith the state's current E&SC Model Ordinance.
313 This section has been revised to complywith the state's current E&SC Model Ordinance.
371 Deleted "soil".
375 Added this sectionto complywith the state's current E&SC Model Ordinance. The relevantsection describing
the process foran appeal of final decisionona civil penaltyis located ina disconnected section of the UDO (i.e.
Section 2.26.11).
Orange County, North Carolina— Unified Development Ordinance Page 9-13
Article 9: Enforcement 146
Section 9.8: Soil Erosion and Sedimentation Control359F
(a) See Section 2.26.11 of this Ordinance.
(7}(8) Credit of Civil Penalties376
(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.
(9) Remission of Civil Penalties377
(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:
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.
{+)(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 Penalties378
Any person-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, any soil srosions37-9 @Ad A_Q_di_M_A '+o+inr, rnn+rnl pro�Asinn of+hic
or who
knowingly or willfully initiates or continues a Land-Disturbing
for which an
RIrnonErosion 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 PWAishable by imprisonmept Pot to
sew which may include a fine not to exceed $5,000 as provided in N.C.G.S. 113A-64.
316 This section has been revised to complywith the state's current E&SC Model Ordinance.
377 Added this section to complywith the state's current E&SC Model Ordinance.
378 This section has been revised to complywith the state's current E&SC Model Ordinance.
-'-74 Tpxt cor eEtl9—dP o+owl Ail"and
Orange County, North Carolina— Unified Development Ordinance Page 9-14
Article 9: Enforcement 147
Section 9.8: Soil Erosion and Sedimentation Control359F
9.8.3 Injunctive Relief
(A) Civil Action in Superior Court
(1) Whenever the govornin^ body of the Towp or County 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 €msiea
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, 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 se+�_380erosion and sedimentation control provisions of this
Ordinance.
9.8.4 Restoration of Areas Affected by Failure to Comply
(A) The GountyOrange County may require a psKsei -Person who is engaged in a land-
Land-Disturbing Activity and failed to retain sediment generated by the
activity, as required by N.C.G.S. 113A-57(3), to restore the waters and land affected by
the failure so as to minimize the detrimental effects of the resulting pollution by
sedimentation.
(B) This authority is in addition to any other civil or criminal penalty or injunctive relief
authorized under this Ordinance.
9.8.5 Revocation of Land Disturbing Permit
(A) Whenever a person Person conducting a lapd-disturhinn aGti,A„Land-Disturbing Activity
is not complying with the 381 erosion and sedimentation control provisions of this
Ordinance, the Land Disturbing Permit, the approved erosion--and
Erosion and Sedimentation Control Plan or any amendments
to the Erosion and Sedimentation Control
Plan, the Erosion Control Officer may re\(Oke the Land Disturbing Permit for the site.
(B) Notice of Revocation shall be sent by registered or certified mail to the perser-Person
conducting the Land-Disturbing Activity. In the event delivery
cannot be accomplished by registered or certified mail, it may be accomplished in any
manner provided in Rule 4 Q) of the North Carolina Rules of Civil Procedure.
(C) Upon receipt of the Revocation Notice, the perseA-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 382erosion and sedimentation
control provisions of this Ordinance.
380 Deleted "soil".
381 Deleted "soil".
382 Deleted "soil".
Orange County, North Carolina— Unified Development Ordinance Page 9-15
Article 9: Enforcement 148
Section9.9: 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 383erosion 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 :2Z2.2.7of this Ordinance.
STORMWATER MANAGEMENT Inspections and Investigations
(A) Site Inspections
(1) Agents, officials, or other qualified persons authorized by th4&-0ranaE County384
will periodically inspect on-site Stormwater Control Measures
Mmeas6ir4qs (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)385
being constructed in accordance with the approved planSMP.
(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
stormviater managemon4 DIanSMP.
(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.
383 Deleted "soil".
384 Consistent reference to "Orange County".
381 Consistent use of"Stormwater Management Plan(SMP)".
Orange County, North Carolina— Unified Development Ordinance Page 9-16
Article 9: Enforcement 149
Section9.9: Stormwater Management
(3) No person shall refuse entry or access to any authorized representative or agent
of the-Orange County386 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 StorrmAiater Management
PIanSMP, 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 Land-Disturbing Activity387 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.
186 Consistent reference to "Orange County'.
187 Correct reference to "Land-Disturbing Activity".
Orange County, North Carolina— Unified Development Ordinance Page 9-17
Article 10: Definitions 150
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 151
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 152
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 oracticon 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 YrhiRg tivit 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 153
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 154
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 Management PFaGt'Ge 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 System.19est MaRagemeRt PFaGtiGeG and
Orange County, North Carolina—Unified Development Ordinance Page 10-12
Article 10: Definitions 155
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.
389 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 156
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 157
Section 10.1: Definitions
party/entity in possession or control of the land who had directly or indirectly allowed a land-disturbiR
aGtivityLand-Disturbinq Actiyity391 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 158
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 159
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 160
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 161
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 nAR off stormwater
runoff398 from lands which have been disturbed by„'shuman399 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 162
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 163
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.401
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.).
40'NEW DEFINITION—clarification of Performance Guarantees is the focus of these UDO text amendments.
Commas removed within the definition as per Legal Sufficiency Review comment.
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 164
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)int SeUFGe PG1161tiGR tc) reGeiViRg Waters iR order to aGhieve water quality PFGteGti0R and water
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.
40'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 165
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 3 166
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
167
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 4 168
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 ****************************************
169
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
170
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
171
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**
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.
172
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