HomeMy WebLinkAboutAgenda - 06-04-2024; 5-c - Unified Development Ordinance Text Amendment – Regulatory Reform Compliance & Clarifications 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 4, 2024
Action Agenda
Item No. 5-c
SUBJECT: Unified Development Ordinance Text Amendment— Regulatory Reform Compliance
& Clarifications
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. NCSL 23-108 (Excerpt) Cy Stober, Director, (919) 245-2592
2. NCSL 23-137 (Excerpt)
3. Excerpt of Draft May 1, 2024 Planning Board
Minutes and Signed Statement of Consistency
4. Statement of Consistency
5. Ordinance and Proposed UDO Text Amendments
PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations and
public comment, close the public hearing, and consider action on County-initiated text amendments
to the Unified Development Ordinance (UDO) in response to North Carolina Session Laws (NCSLs)
23-108 and 23-137, as well as to clarify two related matters for improved administration of the UDO.
BACKGROUND: The North Carolina General Assembly approved two laws over Governor Roy
Cooper's veto in the 2023 session that are relevant to the text of Orange County's UDO. The first
was North Carolina Session Law (NCSL) 23-108 (Attachment 1), which expanded the definition of
"residential" uses or zoning to all structures under the regulatory umbrella of the North Carolina
State Residential (Building) Code. This effectively expands this definition from one- and two-family
dwellings to include three- and four-family dwellings. The consequence is the lack of Orange
County authority to regulate the architecture or appearance of such structures, requiring
amendment of Sections 2.5.3 (Site Plan Specifications) and 4.6.2 (Major Transportation Corridor
(overlay district) Application). Staff has initiated an amendment to the definition of "Residential
Development" in Article 10 to reflect this statutory change.
Staff has also initiated a relevant amendment to Section 2.4.2 ("Zoning Compliance Permits,
Requirements and Conditions") to transfer the responsibility of affirming UDO compliance, before a
Certificate of Occupancy is issued, from the Building Inspector to the Planning and Inspections
Director. The Inspections staff should be focused on NC State Building Codes compliance and not
also be responsible for enforcement of Orange County's local development and use standards.
NCSL 23-137 (Attachment 2) was the "Regulatory Reform Act" and provides for the elimination of
density regulations in water supply watersheds under the following conditions:
1) The property was developed prior to the effective date of the applicable water supply
watershed regulations;
2) The property has not been combined with additional lots after January 1, 2021;
3) The property has not participated in density averaging, as allowed by North Carolina General
2
Statute § 143-214.5(d2);
4) The current use of the property is nonresidential;
5) The remaining vegetated buffers on the property are preserved in accordance with Section
6.13.4 of the Ordinance.
This new standard is proposed as the new Section 4.2.4(A), "Residential Density, Density
Exceedance Allowance".
Accompanying this statutory amendment is one to the Section 6.14 Stormwater standards,
clarifying that only new "built upon area" (aka "impervious surface") must be treated with
Stormwater Control Measures, as required by State and federal laws. The existing "built upon area"
(BUA) does not require stormwater treatment. The developer may elect to treat the existing BUA,
and it may be offered as a condition of approval of a conditional zoning or special use permit
application, but it cannot be required. This additional allowance is reflected primarily in the new
Section 6.14.5(C) "Redevelopment Exemption", as well as subsection 4.2.7(E) "Modifications of the
Impervious Surface Ratio".
In compliance with the Orange County-Chapel Hill-Carrboro Joint Planning Agreement, the
proposed amendments were sent to both towns for comment on March 19, 2024. No comments
were received.
Planning Board Recommendation: At its May 1, 2024 meeting, the Board voted unanimously to
recommend approval of the Statement of Consistency and the UDO amendment package. An
excerpt of the draft May 1, 2024 Planning Board minutes and the Planning Board's signed
Statement of Consistency are provided at Attachment 3. Prior to making its recommendation, the
Planning Board reviewed the materials in an "Ordinance Review Committee" meeting on April 3,
2024. Materials for this meeting are available at:
https://orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 04032024-1982.
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 4.
2. Unified Development Ordinance (UDO) text amendments, as contained in Attachment 5.
FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff
time and the required legal advertisement for the text amendment's public hearing. County staff has
and will continue to accomplish the necessary tasks associated with amending the UDO and the
legal advertisement will be paid from budgeted funds for this purpose.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to this
item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes and
educational levels with respect to the development and enforcement of environmental laws,
regulations, policies, and decisions. Fair treatment means that no group of people should
bear a disproportionate share of the negative environmental consequences resulting from
industrial, governmental and commercial operations or policies.
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ENVIRONMENTAL IMPACT: There is no Orange County Environmental Responsibility Goal
impact associated with this item.
RECOMMENDATION(S): The Manager recommends the Board:
1. Conduct the public hearing and receive the Planning Board and staff recommendations
and public comments;
2. Close the public hearing; and
3. Approve the Statement of Consistency (Attachment 4) and UDO Text Amendments
(Attachment 5).
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GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-108
HOUSE BILL 488
AN ACT TO REORGANIZE THE BUILDING CODE COUNCIL AND CREATE THE
RESIDENTIAL CODE COUNCIL, TO AMEND VARIOUS PROVISIONS OF THE
NORTH CAROLINA STATE BUILDING CODE AND LAND DEVELOPMENT
REGULATIONS, AND TO INCREASE THE PROJECT COST MINIMUM FOR
APPLICABILITY OF GENERAL CONTRACTOR LICENSING REQUIREMENTS.
The General Assembly of North Carolina enacts:
BUILDING CODE COUNCIL REORGANIZATION, CREATION OF THE
RESIDENTIAL CODE COUNCIL, AND CLARIFY STATUTORY REFERENCES TO
THE NORTH CAROLINA STATE BUILDING CODE
SECTION L(a) Article 9 of Chapter 143 of the General Statutes reads as rewritten:
"Article 9.
"Building Code Couneil Council, Residential Code Council, and North Carolina State Building
Code.
"§ 143-136. Building Code Council created; membership, committees.
(d) Building Code Committee Created;Duties.—Within the Building Code Council,there
is hereby created a Building Code Committee for all structures except those subject to the North
Carolina —Residential Building
Dwellinff,Code. The committee shall be composed of the following nine members of the
Building Code Council:
(1) One of the licensed architects appointed by the chairman of the Building Code
Council.
(2) The licensed engineer practicing mechanical engineering.
(3) The licensed engineer practicing electrical engineering.
(4) The licensed engineer practicing structural engineering.
(5) The municipal elected official.
(6) The fire service representative.
(7) The municipal or county building inspector.
(8) The State agency engineer.
(9) The licensed general contractor.
The chairman of the Building Code Council shall call the first meeting of the Committee, at
which meeting the Committee shall elect a chairman from among the members of the Committee
as the first order of business. Thereafter,the Committee shall meet upon the call of the chairman
to review any proposal for revision or amendment to the North Carolina SBuilding Code,
including provisions applicable to the North Carolina Energy Conservation Code, the North
Carolina Electrical Code,the North Carolina Fuel Gas Code,the North Carolina Plumbing Code,
the North Carolina Mechanical Code, the North Carolina Existing Building Code, and any other
code applicable to commercial or multi-family construction, and no revision or amendment to
any of these codes applicable to commercial or multi-family construction may be considered by
the Building Code Council unless recommended by this committee. This committee shall also
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telecommunication facility regulation, historic preservation or landmark
regulation, housing code, North Carolina State Building Code enforcement,
or any other regulation adopted pursuant to this Chapter, or a local act or
charter that regulates land use or development."
SECTION 1.(d) G.S. 160D-702 reads as rewritten:
"§ 160D-702. Grant of power.
(a) A local government may adopt zoning regulations. Except as provided in subsections
(b) and (c) of this section, a zoning regulation may regulate and restrict the height, number of
stories, and size of buildings and other structures; the percentage of lots that may be occupied;
the size of yards, courts, and other open spaces; the density of population; the location and use
of buildings, structures, and land. A local government may regulate development, including
floating homes, over estuarine waters and over lands covered by navigable waters owned by the
State pursuant to G.S. 146-12. A zoning regulation shall provide density credits or severable
development rights for dedicated rights-of-way pursuant to G.S. 136-66.10 or G.S. 136-66.11.
Where appropriate, a zoning regulation may include requirements that street and utility
rights-of-way be dedicated to the public, that provision be made of recreational space and
facilities, and that performance guarantees be provided, all to the same extent and with the same
limitations as provided for in G.S. 160D-804 and G.S. 160D-804.1.
(b) Any regulation relating to building design elements adopted under this Chapter may
not be applied to any structures subject to regulation under the North Carolina Residential Code
forOne and Two Familye' except under one or more of the following circumstances:
(1) The structures are located in an area designated as a local historic district
pursuant to Part 4 of Article 9 of this Chapter.
(2) The structures are located in an area designated as a historic district on the
National Register of Historic Places.
(3) The structures are individually designated as local, State, or national historic
landmarks.
(4) The regulations are directly and substantially related to the requirements of
applicable safety codes adopted under G.S. 143-138.
(5) Where the regulations are applied to manufactured housing in a manner
consistent with G.S. 160D-908 and federal law.
(6) Where the regulations are adopted as a condition of participation in the
National Flood Insurance Program.
Regulations prohibited by this subsection may not be applied, directly or indirectly, in any
zoning district or conditional district unless voluntarily consented to by the owners of all the
property to which those regulations may be applied as part of and in the course of the process of
seeking and obtaining a zoning amendment or a zoning, subdivision, or development approval,
nor may any such regulations be applied indirectly as part of a review pursuant to G.S. 160D-604
or G.S. 160D-605 of any proposed zoning amendment for consistency with an adopted
comprehensive plan or other applicable officially adopted plan.
For the purposes of this subsection, the phrase "building design elements" means exterior
building color; type or style of exterior cladding material; style or materials of roof structures or
porches; exterior nonstructural architectural ornamentation; location or architectural styling of
windows and doors, including garage doors; the number and types of rooms; and the interior
layout of rooms. The phrase "building design elements" does not include any of the following:
(i)the height, bulk, orientation, or location of a structure on a zoning lot, (ii)the use of buffering
or screening to minimize visual impacts, to mitigate the impacts of light and noise, or to protect
the privacy of neighbors, or (iii) regulations adopted pursuant to this Article governing the
permitted uses of land or structures subject to the North Carolina Residential Code for-One an
Two Family Dwelling-s-.Code.
House Bill 488 Session Law 2023-108 Page 15
6
Nothing in this subsection affects the validity or enforceability of private covenants or other
contractual agreements among property owners relating to building design elements.
(c) A zoning or other development regulation shall not do any of the following:
(1) Set a minimum square footage of any structures subject to regulation under
the North Carolina Residential Code for- Oneand Two Faffny
Dwellings.Code.
(2) Set a maximum parking space size larger than 9 feet wide by 20 feet long
unless the parking space is designated for handicap, parallel, or diagonal
parking."
SECTION 1.(e) G.S. 160D-804(i)reads as rewritten:
"(i) Minimum Square Footage Exemption. — The regulation shall not set a minimum
square footage of any structures subject to regulation under the North Carolina Residential C—O&
for-One Two Family Dwegiffgs:Code."
SECTION 1.(f) G.S. 160D-706(b)reads as rewritten:
"(b) When adopting regulations under this Article, a local government may not use a
definition of building,dwelling,dwelling unit,bedroom, or sleeping unit that is inconsistent with
any definition of those terms in another statute or in a rule adopted by a State agency, including
the State—Building Code Council or Residential Code Council."
SECTION 1.(g) G.S. 160D-915(a)(5)reads as rewritten:
"(5) Temporary family health care structure.—A transportable residential structure
providing an environment facilitating a caregiver's provision of care for a
mentally or physically impaired person that (i) is primarily assembled at a
location other than its site of installation, (ii) is limited to one occupant who
shall be the mentally or physically impaired person, (iii)has no more than 300
gross square feet, and (iv) complies with applicable provisions of the North
Carolina State Building Code and G.S. 143-139.1(b). Placing the temporary
family health care structure on a permanent foundation shall not be required
or permitted."
SECTION 1.(h) G.S. 160D-1001(c)reads as rewritten:
"(c) This Article is supplemental to the powers conferred upon local governments and
does not preclude or supersede rights and obligations established pursuant to other law regarding
development approvals, site-specific vesting plans, or other provisions of law. A development
agreement shall not exempt the property owner or developer from compliance with the North
Carolina State Building Code or State or local housing codes that are not part of the local
government's development regulations. When the governing board approves the rezoning of any
property associated with a development agreement executed and recorded pursuant to this
Article, the provisions of G.S. 160D-605(a) apply."
SECTION 1.(i) G.S. 16013-1103 reads as rewritten:
"§ 160D-1103. Qualifications of inspectors.
No local government shall employ an inspector to enforce the North Carolina State Building
Code who does not have one of the following types of certificates issued by the North Carolina
Code Officials Qualification Board attesting to the inspector's qualifications to hold such
position: (i)a probationary certificate,(ii)a standard certificate,or(iii)a limited certificate which
shall be valid only as an authorization to continue in the position held on the date specified in
G.S. 143-151.13(c) and which shall become invalid if the inspector does not successfully
complete in-service training specified by the Qualification Board within the period specified in
G.S. 143-151.13(c). An inspector holding one of the above certificates can be promoted to a
position requiring a higher level certificate only upon issuance by the Board of a standard
certificate or probationary certificate appropriate for such new position."
SECTION 1.0) G.S. 160D-1104, as amended by Section 4(b) of this act, reads as
rewritten:
Page 16 Session Law 2023-108 House Bill 488
7
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-137
HOUSE BILL 600
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS OF NORTH
CAROLINA.
The General Assembly of North Carolina enacts:
PART I.AGRICULTURE,ENERGY,ENVIRONMENT,AND NATURAL RESOURCES
PROVISIONS
WATER SUPPLY WATERSHED PROTECTION CHANGES
SECTION 1. G.S. 143-214.5 reads as rewritten:
"§ 143-214.5. Water supply watershed protection.
(0) A local government implementing a water supply watershed program shall allow an
applicant to exceed the allowable density under the applicable water supply watershed rules if all
of the following circumstances apply:
(1) The property was developed prior to the effective date of the local water
supply watershed program.
(2) The property has not been combined with additional lots after January 1,2021.
(3) The property has not been a participant in a density averaging transaction
under subsection (d2) of this section.
(4) The current use of the property is nonresidential.
(5) in the sale diset:etien, and at the voluntary At the election of the
property owner, the stormwater from any net
increase in built-upon area on the property above the preexistingdevelopment
is treated in accordance with all applicable local government, State, and
federal laws and regulations.
(6) The remaining vegetated buffers on the property are preserved in accordance
with the local water supply watershed protection program requirements.
STORMWATER PROGRAM CHANGES
SECTION 2. G.S. 143-214.7 reads as rewritten:
"§ 143-214.7. Stormwater runoff rules and programs.
(b2) For purposes of implementing stormwater programs, "built-upon area" means
impervious surface and partially impervious surface to the extent that the partially impervious
surface does not allow water to infiltrate through the surface and into the subsoil. "Built-upon
area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57
stone, as designated by the American Society for Testing and Materials, laid at least four inches
thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved
as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters
per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel,
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mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on
portions of driveways and parking areas that will not be compacted by the weight of a vehicle,
such as the area between sections of pavement that support the weight of a vehicle. The owner
or developer of a property may opt out of any of the exemptions from "built-upon area" set out
in this subsection. For State stormwater programs and local stormwater programs approved
pursuant to subsection(d) of this section, all of the following shall apply:
(2) Development may occur within the area that would otherwise be required to
be placed within a vegetative buffer required by the Commission pursuant to
G.S. 143-214.1 and G.S. 143 2 ^.' this section provided the stormwater
runoff from the entire impervious area of the development is collected,treated,
and discharged so that it passes through a segment of the vegetative buffer and
is managed so that it otherwise complies with all applicable State and federal
stormwater management requirements. For the purpose of this subdivision,
the entire impervious area of the development shall not include any portion of
a project that is within a North Carolina Department of Transportation or
municipal right-of-way.
(b3) Stormwater runoff rules and programs shall not require private property owners to
install new or increased stormwater controls for (i) preexisting development or (ii)
redevelopment activities that do not remove or decrease existing stormwater controls. When a
preexisting development is redeveloped, either in whole or in part,increased stormwater controls
shall only be required for the amount of impervious surface being created that exceeds the amount
of impervious surface that existed before the redevelopment. Pfevided, hewevep,--a
redevelopment, irrespective of whether the impervious surface that existed before the
redevelopment is to be demolished or relocated during the development activity. A property
owner may veltifitafily elect to treat the stormwater €imi--resulting from the net increase in
built-upon area above the preexisting development ^ redevelopment .,etivities aoset4be her-eifl
for the purpose of exceeding allowable density under the applicable water supply watershed rules
as provided in G.S. 143-214.5(d3). This subsection applies to all local governments regardless
of the source of their regulatory authority. Local governments shall include the requirements of
this subsection in their stormwater ordinances.
An applicant for a new stormwater permit, or the reissuance of a permit due to
transfer, modification, or renewal, shall have the option to submit a permit application for
processing to a unit of local government with permitting authority in whose jurisdiction the
project to be permitted is located, or, where a unit of local government with permitting authority
in whose jurisdiction the project to be permitted is located has established a joint program with
one or more units of local government pursuant to subsection (c) of this section, other local
governments in the joint program.
(c) The Commission shall develop model stormwater management programs that may be
implemented by State agencies and units of local government. Model stormwater management
programs shall be developed to protect existing water uses and assure compliance with water
quality standards and classifications. A State agency or unit of local government may submit to
the Commission for its approval a stormwater control program or a stormwater permitting
program for implementation within its jurisdiction. To this end, State agencies may adopt rules,
and units of local government are authorized to adopt ordinances and regulations necessary to
establish and enforce stormwater control programs.programs and stormwater permitting
programs. Units of local government are authorized to create or designate agencies or
subdivisions to administer and enforce the programs. Two or more units of local government are
Page 2 Session Law 2023-137 House Bill 600
9
authorized to establish a joint program or a joint stormwater permitting prorg am and to enter into
any agreements that are necessary for the proper administration and enforcement of the program.
0The Department shall not require an applicant for a new permit to take any action
with respect to an unaffiliated adjacent property and shall not condition issuance of a new permit
on action to be taken by an existing permit holder with respect to the permitting of an unaffiliated
adjacent property. For purposes of this section, the following definitions apply:
W "Applicant"means the person applying for a new permit to be issued pursuant
to this section and, if the applicant is a business entity, applicant also includes
(i) the parent, subsidiary, or other affiliate of the applicant, (ii)apartner,
officer, director, member, or manager of the business entity, parent,
subsidiary, or other affiliate of the applicant, and(iii,) any person with a direct
or indirect interest in the applicant, other than a minority shareholder of a
publicly traded corporation who has no involvement in management or control
of the corporation or an,, o�parents, subsidiaries, or affiliates.
Q "Unaffiliated adjacent property" means a property (i) for which the applicant
does not have,and has not had,an ownership interest and(ii)that is not subject
to a permit issued pursuant to this section that also ,governs the grope . for
which the new permit is sought.
As used in this section, the words "affiliate," "parent," and "subsidiary.
the same meaning as in 17 Code of Federal Regulations § 240.12b-2.
c8 The Department shall rescind a permit issued under this section without the consent
of the permit holder where the permitted development has not been initiated within five years
after the date of permit issuance. No less than 90 days prior to rescission, the Department shall
notify the permit holder of its intent to rescind the permit and allow the permit holder 60 days in
which to respond and request an extension of the permit.
AMEND STORMWATER FEE CONSIDERATIONS
SECTION 3.(a) G.S. 160A-314(al)reads as rewritten:
"(al) (1) Before it establishes or revises a schedule of rates, fees, charges, or penalties
for stormwater management programs and structural and natural stormwater
and drainage systems under this section, the city council shall hold a public
hearing on the matter. A notice of the hearing shall be given at least once in a
newspaper having general circulation in the area, not less than seven days
before the public hearing. The hearing may be held concurrently with the
public hearing on the proposed budget ordinance.
(2) The fees established under this subsection must be made applicable
throughout the area of the city. Schedules of rates, fees, charges, and penalties
for providing stormwater management programs and structural and natural
stormwater and drainage system service may vary according to whether the
property served is residential, commercial, or industrial property, the
property's use, the size of the property, the area of impervious surfaces on the
property, the quantity and quality of the runoff from the property, stormwater
control measures in use by the property, the characteristics of the watershed
into which stormwater from the property drains, and other factors that affect
the stormwater drainage system. Rates, fees, and charges imposed under this
subsection may not exceed the city's cost of providing a stormwater
management program and a structural and natural stormwater and drainage
system. The city's cost of providing a stormwater management program and a
structural and natural stormwater and drainage system includes any costs
House Bill 600 Session Law 2023-137 Page 3
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1 Attachment 3
2
3 MEETING MINUTES
4 ORANGE COUNTY PLANNING BOARD
5 MAY 1,2024
6 REGULAR MEETING
7
8 MEMBERS PRESENT: Adam Beeman (Chair), Cedar Grove Township Representative; Lamar Proctor(Vice-
9 Chair), Cheeks Township Representative; Delores Bailey, At-Large Representative; Beth Bronson, At-Large
10 Representative; Marilyn Carter, At-Large Representative; Statler Gilfillen, Eno Township Representative; Chris
11 Johnston, Hillsborough Township Representative; Steve Kaufmann, Bingham Township Representative; Liz
12 Kalies, Chapel Hill Township Representative; Charity Kirk, At-Large Representative; Whitney Watson, At-
13 Large Representative.
14
15 MEMBERS ABSENT: None.
16
17 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Patrick Mallett, Deputy Director– Development
18 Services; Perdita Holtz, Deputy Director– Long Range Planning &Administration; Tom Altieri, Senior Planner
19 – Long Range Planning &Administration; Taylor Perschau, Current Planning and Zoning Manager; Lauren
20 Coffey, Planner I.
21
22 AGENDA ITEM 9: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENT—REGULATORY REFORM
23 COMPLIANCE AND CONFORMANCE—To review and make a recommendation to the BOCC on Planning Director-
24 initiated amendments to the LIDO in response and pertaining to NC Session Laws 2023-108 and 2023-137,
25 which affect the County's abilities to regulate residential architecture, as well as densities and impervious
26 surfaces in water supply watersheds. This amendment was reviewed at the April 3, 2024 ORC meeting and is
27 scheduled for BOCC public hearing on June 4, 2024.
28 PRESENTER: CY STOBER, PLANNING DIRECTOR.
29
30 Mr. Stober overviewed the Text Amendments pertaining to regulatory reform as presented to the Ordinance
31 Review Committee.
32
33 Adam Beeman: I had one about the roadway watershed rules there that you had talked about that.
34
35 Cy Stober: We'll get to that in a moment, yeah.
36
37 Statler Gilfillen: Regarding the one you just had up there. Where you move multifamily or other residential
38 into the residential setting-
39
40 Cy Stober: I didn't move it in there, it was already in there, but it–
41
42 Statler Gilfillen: It changes the Building Code itself. What the Commercial Code requires environmentally,
43 and the residential, the maximum, the residential maximum are different. Much less stringent. Now, my
44 understanding is that was created from the Homeowners Association. This sounds like they've moved to a lot
45 more of the residential over to that lightening the environmental burdens.
46
47 Cy Stober: That's correct. Triplexes and quadplexes are now in the Residential Code and not
48 Commercial. I can go on if you, but yes, I just hope people living in those structures are safe. And then with
49 regard to responding to the stormwater and watershed language, we needed to correct the stormwater
50 management, so this is the language about stormwater crediting. This is entirely new language. It fits into a
11
DRAFT
51 new Subsection C of 6.14.5 which is Stormwater Management Applicability. So, this is literally the statute
52 language, I copied and pasted it into the Ordinance, and I think last time we talked about the word
53 "irrespective," but this is pulled directly from the General Statute and we haven't modified it. And I'll note, I'll
54 just jump ahead. You'll see in your Statement of Consistency that I do note that this is inconsistent with our
55 Comprehensive Plan and the Statement of Consistency says it's inconsistent with our adopted plans, but it is
56 consistent with state law and we're bringing our Ordinance into compliance with state law.
57
58 Lamar Proctor: Thank you for being honest.
59
60 Cy Stober: There's no way to honestly make a consistency statement otherwise, it's not consistent.
61
62 Beth Bronson: I have a question about the general statute. They have exemptions for the regulation
63 relating to building design. So, structures located in areas designed as a local historic district... local
64 significance, landmark regulations and building requirements were... applicable safety codes... but they're also
65 talking about where regulations are applied to manufactured housing in a manner consistent with G.S. 160D-
66 908 and can you explain that? I mean, if it's irrelevant, I can go look it up, but does that mean that
67 manufactured homes are less protected?
68
69 Cy Stober: So, what 160D did, if memory serves, is it updated and normalized statewide that mobile
70 homes or manufactured homes, it created the manufactured home language and definition that's consistent
71 with federal definitions, and as an aside, our Ordinance is not yet, we still refer to mobile homes in places we
72 need to correct that, our definitions are okay, but we got some work to do there. And I think that it
73 distinguished them from residential building and particularly for building code purposes, Perdita, what am 1
74 missing?
75
76 Adam Beeman: To meet HUD requirements, they don't have to meet local building codes.
77
78 Cy Stober: Thank you, Chair.
79
80 Beth Bronson: I just wanted to make sure I understood that like we are excluding how we would fall into
81 the residential code.
82
83 Cy Stober: Oh yeah, so we have a mobile home park designation for primary use as a mobile homes,
84 it's a Conditional District and it has development standards and that was done as part of the update to bring
85 the Ordinance in conformance with 160D, it was modified at that time. I don't know, did the Mobile Home Park
86 Conditional District, did it pre-date 160D?
87
88 Perdita Holtz: Oh yeah, it's been around for a long time. Orange County has always allowed
89 manufactured housing in all of the zoning districts.
90
91 Beth Bronson: Absolutely, I just wanted to make sure that if we're going to... books like this is directed at
92 alleviating the regulatory, but also alleviated the requirement of property owners to safely manage the
93 stormwater for buildings that are on their property, not safely,just regulated.
94
95 Cy Stober: What it does is it alleviates them of the treatment responsibility for any existing
96 development footprint.
97
98 Beth Bronson: Existing, not new.
99
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100 Cy Stober: Yeah, we're not permitted to begin calculating impervious cover thresholds for anything
101 but the net new development. So, for example, if you're in the Upper Eno and you have a 6 percent or 12
102 percent impervious threshold and you already have an acre of development, we have to allow that acre of
103 development and then begin counting the number of square feet of impervious.
104
105 Lamar Proctor: That's just exempted?
106
107 Cy Stober: Yes.
108
109 Adam Beeman: When you say that the DOT roads don't require to have the maintenance, what happens
110 to subdivisions that have private roads? They have to meet the stormwater requirements though?
111
112 Cy Stober: They do. So, municipal roads and DOT roads are included, but privately owned and
113 maintained roads are not addressed in the legislation.
114
115 Statler Gilfillen: When, in the Commonwealth of Massachusetts, local jurisdictions have the right to
116 exceed the state standards.
117
118 Adam Beeman: We don't.
119
120 Statler Gilfillen: We don't here, do we?
121
122 Cy Stober: That's correct.
123
124 Mr. Stober continued to overview the Regulatory Reform text amendments regarding density thresholds.
125
126 Delores Bailey: So, let's just say that Efland Ruritan Club that was here before.... And with all that land
127 they've got... so would they meet these five, right now, I'm just trying to visualize this.
128
129 Cy Stober: We could not apply the water supply watershed density rule. Yes, so if they came in, if
130 their GC4 is approved,well, even if it's not, because they actually have a non-residential use of the property,
131 so this is the exception to the rule, so if they came in and they said, "we want to do a Residential Conditional
132 Zoning Application, and we want to put 50 units on this land,we could not say, "the water supply water shed
133 rules won't let you."We'd probably figure out another way to regulate that, but we can't use the water supply
134 watershed rules to regulate density. There's other tools in the box though, especially the Conditional Zoning
135 approach, where you have a legislative negotiation between the County and the applicant about what's
136 appropriate.
137
138 Cy Stober: So yeah, I just wanted to draw your attention to these highlights and then this is an
139 additional amendment that's here just for your information, is that you can modify the impervious surface ratio
140 using that 5-part test. So those are all the amendments before you. With the exception of reassigning UDO
141 conformance when issuing a Certificate of Occupancy, they all align with statute, and they're presented tonight
142 for your consideration and a recommendation to the Board of Commissioners.
143
144 Chris Johnston: So just to confirm though, all the changes that were just presented were based on state
145 changes and there's nothing that was put in there, as I understand, nothing that was put in there based on
146 County requirements or anything along those lines. This is all from on high and we're just updating.
147
148 Cy Stober: One exception to that was the—
149
13
DRAFT
150 Chris Johnston: Language saying that the Planning Director should be the point of contact rather than the
151 inspections director, okay.
152
153 Cy Stober: This is the only staff initiated amendment. Well, I mean, they are all staff initiated, but this
154 is the only one that's not reflective of General Statute.
155
156 Chris Johnston: But that's the only one that we really have any say on, right? In terms of everything else is
157 from on high and we need to bring it into compliance with everything else, so it's good for us to know about
158 these things, but we can't go in and mess with the numbers or anything along those lines.
159
160 Cy Stober: That's correct, I mean, you could protest. If you said, "we don't want an Ordinance
161 because we object to the idea," but I'm still going to have to direct my staff to then thumb tack the statute on
162 their wall so that they know that it applies, and we have to defer to the state law.
163
164 Chris Johnston: I have no problems with the Planning Director being the point of contact, rather than the
165 inspections director. Just throwing that out there. That's the only thing that I think we have say on.
166
167 MOTION BY Charity Kirk to approve the Statement of Approval and Consistency(Attachment 3) and the
168 proposed UDO Text Amendment(Attachment 4). Seconded by Lamar Proctor.
169
170 MOTION PASSED UNANIMOUSLY.
171
172 Cy Stober: And we're still working on the landscaping amendment, we got some good feedback from
173 the County Attorney's office and we got to resolve a few things. We did incorporate your feedback into that, so
174 expect to see that later this year. Thank you.
175
176 Beth Bronson: Oh, I had one question, I apologize. The Stormwater Control Plans, the SCMs? Last year
177 we got rid of the need to have oversight of those and that, was it updated in, like that was updated in the LIDO,
178 correct? There was a move to—
179
180 Cy Stober: The omnibus amendment that Chris Sandt brought forth. Like a year and a half ago.
181
182 Beth Bronson: And there was basically the idea that we would come back to that and just wanting to
183 make sure the Board knows that we did deregulated requirements for Stormwater Control Management Plans.
184
185 Cy Stober: Oh yes, you're talking about the performance guarantee for stormwater.
186
187 Beth Bronson: Yes.
188
189 Cy Stober: Yes, we did eliminate that because we don't have authority to collect that, so we still
190 inspect those to ensure they're performing. We do have that responsibility under the Jordan Lake and Falls
191 Lake Rules, so we do that, but we do on a fee basis.
192
193 Beth Bronson: All right. I very much appreciate it, thank you for clarifying.
194
195 AGENDA ITEM 10: ADJOURNMENT
196
197 MOTION BY Lamar Proctor to adjourn meeting. Seconded by Charity Kirk.
198
199 MOTION PASSED UNANIMOUSLY.
200
14
DRAFT
201 The meeting adjourned at 9:02 PM.
15
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
respond to and comply with NC Session Laws 23-108 and-137.
The Planning Board hereby recommends approval of the proposed text amendment and issues
this Statement of Consistency pursuant to NCGS § 160D-604 (d) Planning board review and
comments—Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments, including review by the Development Advisory Committee
(DAC), as required in UDO Section 1.9, have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans, and will "correct a manifest error in the Ordinance";
3. The amendment is generally inconsistent with the goals and objectives of the 2030
Comprehensive Plan, but is compliant with adopted State laws, and does support the
following objectives in the 2030 Comprehensive Plan:
a. Land Use Objective LU-4.2: Review and amend the Orange County Unified
Development Ordinance to identify and eliminate existing regulatory
impediments to objectives identified in the Comprehensive Plan. Such objectives
include but are not limited to the development of energy efficient buildings within
the County,water efficiency standards for new development, and development of
affordable housing.
b. Housing Objective H-4.4: Working collaboratively with the towns, identify
regulatory barriers to be removed and opportunities for development incentives to
encourage the construction of a diverse range of housing types countywide.
4. The amendment is consistent with this principle and these goals because implementation
will result in more redevelopment options for redevelopment projects in Orange County.
5. The amendment is reasonable and in the public interest because it brings the County's
development standards into compliance with North Carolina State laws.
The Planning Board hereby adopts this Statement of Approval and Consistency and the
findings expressed herein.
16
Adam Beeman, Chair Date
17
Attachment 4
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT WITH
ADOPTED ORANGE COUNTY PLANS
Orange County has initiated an amendment to the Unified Development Ordinance (UDO) to
respond to and comply with NC Session Laws 23-108 and-137.
The Board of County Commissioners hereby approves of the proposed text amendment and
issues this Statement of Consistency pursuant to NCGS § 160D-605 (c) Governing board
Statement. The Board of County Commissioners finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development
Ordinance Amendments, including review by the Development Advisory Committee
(DAC), as required in UDO Section 1.9, have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,
as prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans, and will "correct a manifest error in the Ordinance";
3. The amendment is generally inconsistent with the goals and objectives of the 2030
Comprehensive Plan, but is compliant with adopted State laws, and does support the
following objectives in the 2030 Comprehensive Plan:
a. Land Use Objective LU-4.2: Review and amend the Orange County Unified
Development Ordinance to identify and eliminate existing regulatory
impediments to objectives identified in the Comprehensive Plan. Such objectives
include but are not limited to the development of energy efficient buildings within
the County, water efficiency standards for new development, and development of
affordable housing.
b. Housing Objective H-4.4: Working collaboratively with the towns, identify
regulatory barriers to be removed and opportunities for development incentives to
encourage the construction of a diverse range of housing types countywide.
4. The amendment is consistent with this principle and these goals because implementation
will result in more redevelopment options for redevelopment projects in Orange County.
5. The amendment is reasonable and in the public interest because it brings the County's
development standards into compliance with North Carolina State laws.
The Board of County Commissioners hereby adopts this Statement of Approval and
Consistency and the findings expressed herein.
Jamezetta Bedford, Chair Date
18
Attachment 5
Ordinance # ORD-2024-013
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance (UDO)
to conform with State laws, as reflected in North Carolina Session Laws 23-108 and -137, and
Whereas, consistent with these changes, the staff also proposes an amendment to assign LIDO
compliance verification responsibilities associated with issuance of a Certificate of Occupancy to the
Planning and Inspections Director.
Whereas, the Orange County Planning Board has recommended approval of the proposed text
amendments, and
Whereas, the County has held the required public hearing and has found the proposed text
amendments conform with State laws.
Be it ordained by the Board of Commissioners of Orange County that the Unified Development
Ordinance of Orange County is hereby amended as depicted in the attached pages.
Be it further ordained that this ordinance be placed in the book of published ordinances and that
this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2024.
I, Laura Jensen, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the
foregoing is a true copy of so much of the proceedings of said Board at a meeting held on
, 2024 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2024.
SEAL
Clerk to the Board of Commissioners
Article 2: Procedures 19
Section 2.4:Zoning Compliance Permits
(4) Recommend the Planning Board be given extended time to consider the matter.
(C) Should the Planning Board fail to make a recommendation prior to the Public Hearing,
the application shall be forwarded to the Board of County Commissioners without a
Planning Board recommendation.
2.3.10 Action by Board of County Commissioners
(A) The Board of County Commissioners shall hold a public hearing after the Planning Board
either makes its recommendation or takes no action on the application within 30 days of
its referral.
(B) After the Board of County Commissioners closes the public hearing, the Board of County
Commissioners shall do one of the following:
(1) defer a decision to a later Board of County Commissioners meeting date, or
(2) make a decision.
(C) In making its decision, the Board of Commissioners shall consider comments made at the
public hearing, the Planning Board's recommendation, and the Planning Director's
recommendation.
SECTION • COMPLIANCE PERMITS
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 4.2.10 of this
Ordinance, 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) 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
Orange County, North Carolina—Unified Development Ordinance Page 2-7
Article 2: Procedures20
Section 2.4:Zoning Compliance Permits
the aforementioned permit has been issued by the Board of Adjustment in accordance
with the review and approval procedures detailed herein.
(B) Issuance of a Special Use Permit does not negate the requirement for a Zoning
Compliance Permit.
(C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and
complete construction or change the use/occupancy of a lot or building should
regulations change subsequent to issuance of said permit.
(D) Application for Zoning Compliance Permit shall specify the method of disposal of trees,
limbs, stumps and construction debris associated with the permitted activity. Open
burning of trees, limbs, stumps, and/or construction debris associated with the permitted
activity is expressly prohibited.
(E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Building IRspeGt9 Planning and Inspections
Director has, after final inspection, issued a Certificate of Occupancy indicating
compliance with all the provisions of this Ordinance.
(F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been
issued shall be used or occupied until the Orange County Health Department has
approved the water supply and sewage disposal systems serving that use.
(G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water
supply and sewage disposal system by the Health Department shall in no case be
construed as waiving any provision of this Ordinance.
(H) Zoning Compliance Permits shall become null and void after 18 months from the date of
issuance if a building permit is not applied for or Land-Disturbing Activities are not
commenced in accordance with the provisions of this Ordinance.
(1) Projects needing a Performance Guarantee shall 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.
(B) Base plot plans are available from the Planning Department and can be printed for a fee
in accordance with the established fee schedule. Applicants may also use other sources
of base plot plans provided the requirements of this Section are met.
(1) Planning staff is available to discuss compliance matters but shall not complete
plot plans.
Orange County, North Carolina—Unified Development Ordinance Page 2-8
Article 2: Procedures21
Section 2.5: Site Plan Review
SECTION
2.5.1 Review and Approval Flow Chart
Site Plan
The review and approval process for a Site Plan is
shown in the procedure's flowchart. Application
Submittal
2.5.2 Application Requirements
(A) Each site plan shall be prepared and sealed
by an appropriately licensed professional. The Determination of Completeness
following are exempt from this requirement but By Planning Director
must provide a plot plan pursuant to Section
2.4.3:
(1) Proposed additions to existing Completed Application
permitted non-residential structures Distributed to Applicable
where the use of the structure and lot Agencies, Development Advisory
has not changed and the floor area is Committee, and Other
not increased more than 25%. Departments for Review
(2) Accessory structures to existing
permitted non-residential structures
where vehicular use area is not
extended and changes to existing Planning Director Review and Final
grade are not more than one foot in Decision: Approval, Approval with
elevation. Conditions, or Denial [1]
(3) Center in a Residence.
(4) Short Term Rental— Host Occupied.
(5) Cooperative Farm Stand.
[I] If Plan is approved with conditions, no
zoning permit authorization or building
(6) Rural Special Events. permit issued until conditions satisfied
(7) Non-Farm Use of Farm Equipment.
(B) The applicant shall submit to the Planning and Inspections Department:
(1) Three copies of the site plan prepared in accordance with the provisions detailed
in this Section. Additional copies may be required depending on the nature and
location of the proposed development);.
(2) The completed site plan application form;
(3) A copy of the Orange County tax map with the subject property identified;
(4) Legal documentation, to be approved by the County Attorney, establishing
entities responsible for control over common areas and facilities.
(5) Three copies of the Environmental Assessment and/or Environmental Impact
Statement, if required under Section 6.16 of this Ordinance.
(6) A statement regarding 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.
(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
Orange County, North Carolina—Unified Development Ordinance Page 2-9
Article 2: Procedures22
Section 2.5: Site Plan Review
(2) Stormwater Management Plans (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 those regulated by the NC Residential Code siRgle-
fam;'„ resideRtial 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;
(T) Phase lines and numbers if the development is to be phased;
Orange County, North Carolina—Unified Development Ordinance Page 2-10
Article 2: Procedures23
Section 2.5: Site Plan Review
(U) Methods 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;
(V) Compliance with County adopted access management, transportation and/or connectivity
plans and denote the location of future roadway(s) and access easements, whether
public or private, to ensure and encourage future connectivity; and
(W) Additional information may be required based on the site location and the type of
development proposed.
2.5.4 Procedures and Timeframes
(A) Upon submission, the Planning Director shall review the site plan application for
completeness in form and content according to this Article.
(B) If an application is incomplete, it will be returned to the applicant within five working days.
(C) When a complete application has been accepted, the plan(s) shall be distributed to
applicable agencies, DAC, and other departments for review and comment.
(1) Applications for agricultural support enterprise uses located within the Rural
Buffer land use classification, as depicted on the Future Land Use Map of the
adopted Comprehensive Plan, shall be forwarded to the County's Agricultural
Preservation Board for review and comment.
(a) The Agricultural Preservation Board shall have 30 calendar days to
provide comments. If comments are not received within this timeframe,
the application review process shall not be delayed.
(b) For purposes of this subsection, agricultural support enterprise uses
shall be defined as those permitted in the ASE-CD zoning district, as
detailed within Section 5.2 of this Ordinance.
(D) The Planning Director shall review the plan(s) based on, but not limited to, the following
general criteria:
(1) Compliance with all applicable County ordinances;
(2) Extent and intensity of impacts to the surrounding area;
(3) Respect for existing site conditions, including slope, vegetation, drainage
patterns, etc.;
(4) Efficient use of the land to minimize disturbance and grading and to conserve
energy;
(5) Safe and efficient vehicular and pedestrian circulation;
(6) Logical placement of structures and other site functions;
(7) No open burning of trees, limbs, stumps and construction debris associated with
the permitted activity; and
(8) Compliance with any previously issued Special Use or Conditional Use Permit(s)
associated with the project.
(E) Following review of the site plan, the Planning Director shall take final action on the
application within 21 days of acceptance of a complete application. Final action shall be
one of the following:
(1) Approval,
(2) Approval with conditions, or
(3) Denial.
Orange County, North Carolina—Unified Development Ordinance Page 2-11
Article 2: Procedures24
Section 2.5: Site Plan Review
Failure to meet the criteria for site plan approval listed herein, and/or to address all
review comments solicited during plan review, will result in denial of the application.
(F) If a plan is approved with conditions, no zoning authorization allowing Land-Disturbing
Activity or subsequent building permit shall be issued until all conditions of approval have
been met to the satisfaction of Orange County.
(G) Site plan approval and the issuance of a Zoning Compliance Permit does not establish a
vested right to develop the property should zoning regulations change subsequent to plan
approval.
2.5.5 Vesting of Site Plan
(A) At the option of the Applicant, a site plan may be vested for a period of not less than two
nor more than five years. Multi-phased developments, as defined in NCGS 160D-108,
shall be vested for a period of seven years from the time a site plan approval is granted
for the initial phase of the multi-phased development.
(B) To become vested, a site specific vesting plan must be approved by the Board of County
Commissioners through either the normal project approval process if the Board of County
Commissioners is the approval authority, or, in the case the Board of County
Commissioners is not the normal approval authority, by the Board of County
Commissioners after a legislative hearing.
(1) Said legislative hearing shall follow the public notification procedures set forth in
Section 2.8.7.
(2) The Board of County Commissioners may approve the site specific vesting plan
with such terms and conditions as may reasonably be necessary to protect the
public health, safety, and welfare. Such conditional approval shall result in a
vested right. Failure to abide by such terms and conditions shall result in a
forfeiture of vested rights.
(C) An approved site specific vesting plan shall contain the following statement: "Approval of
this plan establishes a zoning vested right under NCGS 160D-108. Unless terminated at
an earlier date, the zoning right shall be valid until "
(D) The site specific vesting plan for a project which requires the preparation of an
Environmental Impact Statement(EIS) in accordance with Section 6.16 of this Ordinance
shall not be approved until the EIS has been made available for public review, and has
been presented to the Board of County Commissioners in accordance with Section 2.23
of this Ordinance.
2.5.6 Performance Guarantees
(A) If a Performance Guarantee is required, the provisions of Section 2.27 of this Ordinance
shall apply.
2.5.7 Additional Requirements for Overlay Districts
(A) Efland-Cheeks Highway 70 Corridor Overlay District
(1) Approval Requirements
Within the Efland-Cheeks Highway 70 Corridor Overlay District (ECOD), no
construction activity shall begin nor shall any conversion of existing single-family
residence to a non-residential land use, excavation, soil removal, grading or
disturbance of vegetation including trees, Land-Disturbing Activity associated
with a non-residential land use, be commenced, nor any sign erected until such
time as a site plan has been approved and a permit issued by the Planning
Director in accordance with this Section and Section 2.4 of this Ordinance.
(B) Efland Interstate Overlay District
Orange County, North Carolina—Unified Development Ordinance Page 2-12
Article 2: Procedures25
Section 2.6: Floodplain Development application Permit and Certificate Requirements
(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
(2) A minimum of two drawings of sections through the site illustrating existing and
proposed grades, as well as the relationship of different site features.
•N 2.6: FLOODPLAIN DEVELOPMENTAPPLICATION
REQUIREMENTSCERTIFICATE
2.6.1 Requirements for Special Flood Hazard Area
(A) All projects proposing the development of property located within a Special Flood Hazard
Area (SFPA) shall be required, regardless of the proposed land use, to submit a site plan
prepared by a registered engineer, landscape architect, or land surveyor in accordance
with the provisions of Section 2.5.
(B) Flood damage prevention regulations contained herein shall apply to all Special Flood
Hazard Areas within the jurisdiction of Orange County, including properties located within
the Extra-Territorial Jurisdictions (ETJs)of local municipalities used for bona fide farm
purposes in accordance with Sections 160D-201 and 160D-202of the North Carolina
General Statutes.
Orange County, North Carolina—Unified Development Ordinance Page 2-13
Article 4: Overlay Zoning Districts26
Section 4.2:Watershed Protection
(d) The Orange County Planning Department, in consultation with Orange
County Environmental Health and/or the Orange County Staff Engineer,
has determined that the relative locations of the well, septic system and
structure maximize the amount of watershed protection that can be
achieved while allowing development of the lot. Generally, an exception
to setbacks for repair area is preferable to an exception for the initial
septic system, and encroachment of structures or gravity septic systems
into the setback is preferable to the installation of a septic system pump.
(e) The amount of encroachment into the stream or reservoir buffer is the
minimum amount which can be obtained while meeting the criteria in (a)
through (d).
4.2.3 Land Use Restrictions
All uses and activities allowed in the underlying zoning district are permitted with the following
exceptions:
TABLE 4.2.3 LAND USE RESTRICTIONS
DISTRICT RESTRICTIONS
UNIV-CA No new landfills are permitted.
UNIV-PW No commercial or industrial uses are permitted except for commercial development, in
CANE-CA accordance with the provisions of the Ordinance, located within established Nodes as
U-ENO-CA detailed within the Orange County Comprehensive Plan.
No new golf courses are permitted
U N I V-CA
CANE-CA No residual (sludge/biosolids)application is permitted.
U-ENO-CA
CANE-PW
LI-ENO-PW
HYCO-PW
LITTLE-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous light
BACK-PW industrial uses characterized by low water use (less than 10,000 gpd, excluding domestic
FLAT-PW water(25 gpd per employee)and water used for heating and air conditioning).
HAW-PW
L-ENO-PW
JORDAN-PW
4.2.4 Residential Density
Maximum residential density shall be as indicated in the Table in this subsection, or as required
by the underlying zoning district, whichever is less.
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAximum DENSITY
1 du/five acres.
Lots of record existing on October 2, 1989 may contain up to, but no more than,five lots
UNIV-CA with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989
UNIV-PW may be combined into one parcel for development. The number of two-acre lots and the
total number of lots in the combined parcel cannot exceed the sum of the number of lots
which could be created from each lot of record.
1 du/five acres
Lots of record existing on October 19, 1999 may contain up to, but no more than, five lots as
CANE-CA small as two acres in size. Contiguous lots of record existing on October 19, 1999 may be
CANE-PW combined into one parcel for development. The number of two-acre lots and the total
number of lots in the combined parcel cannot exceed the sum of the number of lots which
could be created from each lot of record.
Orange County, North Carolina—Unified Development Ordinance Page 4-5
Article 4: Overlay Zoning Districts27
Section 4.2:Watershed Protection
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAXIMUm DENSITY
U-ENO-CA 1 du/2 acres
LITTLE-PW
HYCO-PW 1 du/40,000 square feet(.92 acre)
FLAT-PW
U-ENO-PW
L-ENO-PW Maximum density is as permitted in the underlying zoning district.
HAW-PW Stormwater Control Measures(SCMs)are required in some cases where density exceeds 1
JORDAN-PW dwelling unit per acre. Refer to Section 4.2.5.
BACK-PW
(A) Density Exceedance Allowance
As enabled by NC G.S § 143-214.5(d3), an applicant may exceed the density otherwise
required by the applicable water supply watershed regulations, but not the underlying
zoning district, if all of the following circumstances apply:
(1) The property was developed prior to the effective date of the applicable water
supply watershed regulations;
(2) The property has not been combined with additional lots after January 1, 2021;
(3) The property has not participated in density averaging, as allowed by NC G.S. §
143-214.5(d2);
(4) The current use of the property is nonresidential; and
(5) The remaining vegetated buffers on the property are preserved in accordance
with Section 6.13.4 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts28
Section 4.2:Watershed Protection
Impervious Surface Requirements for Residential Uses
TABLE 4.2.5.1: IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RESIDENTIAL)
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface
limits as provided in the following Table(entitled Sliding Scale for Residential Impervious
UNIV-CA Surface Ratios—Univ, Cane, and Little). [1], [2]
UNIV-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8(C).
6% impervious surface limit.
EXCEPT for lots smaller than two acres which existed prior to 1/1/94,which are subject to
impervious surface limits as provided in the following Table(entitled Sliding Scale for
CANE-CA Residential Impervious Surface Ratios—Univ, Cane, and Little). [1], [2]
CANE-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8(C).
6% impervious surface limit.
U-ENO-CA EXCEPT for lots smaller than five acres which existed prior to 6/1/2010, which are subject to
impervious surface limits as provided in the following Table(entitled Sliding Scale for
Residential Impervious Surface Ratios—Upper Eno). [1], 2
6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94,which are subject to impervious surface limits
as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface
LITTLE-PW Ratios- Univ, Cane, and Little). [1], [2]
Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8(C).
FLAT-PW 12% impervious surface limit for new and existing lots. [1], [2]
HYCO-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2]
30% impervious surface limit for developments which exceed a density 1 du/acre within
U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Stormwater
BACK-PW Management Plans(SMPs)and/or Stormwater Control Measures (SCMs)are required if
impervious surface exceeds 12%.
70% impervious surface limit for residential uses developed at"high intensity"densities(R-
5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan(high-density option with SCMs if ISR exceeds12%.
24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
[1], [2]
70% impervious surface limit for residential uses developed at"high intensity"densities(R-
L-ENO-PW 51 R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option),with Stormwater Management
Plans(SMPs)and/or Stormwater Control Measures (SCMs)required when impervious
surface exceeds:
24% (w/curb and gutter); or
36% w/o curb and gutter).
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or
Stormwater Control Measure(SCM)may still be required based on the proposed amount of land disturbance on a
given parcel of property in accordance with applicable Orange County Erosion Control and State Stormwater
regulations.
Orange County, North Carolina—Unified Development Ordinance Page 4-7
Article 4: Overlay Zoning Districts29
Section 4.2:Watershed Protection
(B) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50%with detention ponds.
TABLES 4.2.5.2&4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIO..
UNIV,CANE, LITTLE,AND UPPER ENO iM4
LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET
Cells in black DO NOT apply to 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
• 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
3.2 9.6 13,382 0.2 15.6 1,359
4.2.5 Impervious Surface 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.
Orange County, North Carolina-Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Districts30
Section 4.2:Watershed Protection
TABLE 4.2.6: • (NON-RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
UNIV-CA 5-acre minimum lot size, with potential of up to five lots as small as two acres for lots of record September 1,
CANE-CA 2015(University Lake)or October 19, 1999 (Cane Creek); AND
6% impervious surface limit. 1 , 2
U-ENO-CA 2-acre minimum lot size AND
6% impervious surface limit. [1], [2]
5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record September 1,
2015(University Lake)or October 19, 1999 (Cane Creek); AND
UNIV-PW 50% ISR for all fire stations and solid waste collection centers; AND
CANE-PW 12% ISR for all other non-residential uses;AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use 139 acres in CANE-PW). [11, [2
2-acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers; AND
LITTLE-PW 12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use 406 acres in LITTLE-PW). [1], 2
70% ISR in Economic Development, Commercial and/or Commercial-Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan (high-density option)with Stormwater Management Plans
(SMPs)and/or Stormwater Control Measures (SCMs)if ISR exceeds 12%; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with Stormwater
BACK-PW Management Plans(SMPs)and/or Stormwater Control Measures(SCMs)if ISR exceeds 12%; AND
12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan; AND
on-site infiltration of the first inch of stormwater runoff;AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163 acres
throughout BACK-PW 1% . [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 stormwater runoff;AND
limit of 1%of the watershed for non-residential use 37 acres in HYCO-PW, 66 acres in FLAT-PW). 1 , 2
70% impervious surface,with structural SCMs required when impervious surface exceeds:
L-ENO-PW 24% (w/curb and gutter); or
36% w/o curb and gutter). [1], [2]
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or a Stormwater
Control Measure (SCM)may be required in accordance with applicable local and State standards based on proposed land
disturbance and/or a project exceeding impervious surface thresholds as identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50%with Stormwater Control Measures
(SCMs).
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts31
Section 4.2:Watershed Protection
4.2.6 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).
4.2.7 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(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, subject to the
following:
(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.
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 4: Overlay Zoning Districts32
Section 4.2:Watershed Protection
(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
Declaration of Impervious Surface Re-Allocation form (provided by Orange County)and a
corresponding scaled exhibit map. The Declaration of Impervious Surface Re-Allocation
form 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 impervious area(s)for each affected lot(in square
feet), and the amount of proposed impervious area(s)to be permanently added and/or
removed for each affected lot. The applicant must provide evidence that the proposed
impervious surface re-allocations are within the same watershed and within the same tier
of that watershed (e.g. critical, protected, unprotected).
(D) Through the installation of a Stormwater Control Measure (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
and the most current version of the Department of Environmental Quality (NCDEQ)
Stormwater Design Manual, and this Ordinance.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an Infiltration
System.
(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 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 County and State regulations.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districts33
Section 4.2:Watershed Protection
(E)
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of Orange County and other agencies or officials as
appropriate. Once approved, the document shall be recorded at the Orange
County Register 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
Orange County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with Orange County a Performance Guarantee to cover the cost of removal of a
SCM, and any additional impervious surface area installed as the result of its
approval, in the event the SCM is failed to be maintained in accordance with the
recorded operations agreement. The Performance Guarantee shall comply with
the provisions of Section 6.22 of this Ordinance.
(E) If all of the criteria of Section 4.2.4(A) are satisfied, an applicant may elect to apply the
preexisting development regulations, as specified in Section 6.14(C).'
i Per NCSL23-137
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 4: Overlay Zoning Districts 34
Section 4.6: Major Transportation Corridor
6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards) and 6.6.4 (Major
Transportation Corridor).
4.5.2 Applicability
(A) This district is intended for all properties located north of the railroad tracks in a
geographic area commonly referred to as "Efland" in accordance with the boundaries
shown on the Orange County Zoning Atlas
(B) The requirements of this Ordinance pertaining to the Efland Village Overlay District apply
to all residential and non-residential land uses and developments in the designated
district except for detached single-family residential land uses and developments.
4.5.3 Permitted Uses and Dimensional and Ratio Standards
(A) Within the Efland Village Overlay District, uses of land and structures and Dimensional
and Ratio Standards are those permitted in the underlying zoning district or districts. All
other requirements for the use of land and structures contained in this Ordinance shall be
met unless otherwise provided.
(B) Setbacks and Building Height
(1) In lieu of the front setback required in Article 3, the minimum front yard setback
for properties fronting on U.S. Highway 70 shall be 30-feet.
(2) In lieu of the front setback required in Article 3, the front yard setback for parcels
located in the overlay district but not fronting on U.S. Highway 70 shall be in
keeping with the front setback provided by adjacent uses.
(3) The minimum side and rear setback shall be the width of the required Land Use
Buffer(Section 6.8.6) or the setback required in Article 3, whichever is less, but
in no case shall be less than 10-feet.
(4) If Building Height Limitation modifications are pursued in accordance with
Section 6.2.2(A), in no case shall building height exceed 40 feet.
(C) Yard Encroachments
(1) No fences shall be permitted in the front yard of lots used for non-residential uses
unless a demonstrated need can be shown.
(2) Fences located in the front yard of residential uses, other than single-family
detached dwellings, shall be a maximum of five feet in height.
SECTION 4.6: MAJOR TRANSPORTATION CORRIDOR
4.6.1 Intent
(A) It is the intent of Orange County to protect and enhance those natural and environmental
features which constitute important physical, aesthetic, recreational, and economic
assets through the provision of special controls of public and private development along
major transportation corridors.
(B) The Board of County Commissioners finds as a fact that:
(1) Major transportation corridors serve a key function in the orderly development of
Orange County as major traffic movers, as well as serve as entrances to Orange
County from outside the area.
(2) These corridors and the character of the development which occurs along them
establish for visitors and residents alike an indicator of the quality of life in the
County, as well as the efficiency and safety of traffic movement through the area.
Orange County, North Carolina—Unified Development Ordinance Page 4-18
Article 4: Overlay Zoning Districts 35
Section 4.6: Major Transportation Corridor
(3) In addition, the ability of different areas of the County to attract and
accommodate different types of development depends on the capacity of the
thoroughfare system and the character and quality of development along major
corridors.
(C) The Major Transportation Corridor district is intended to enhance the attractiveness and
orderly development of land adjacent to major transportation facilities through the
provision of a set of development standards and regulations for application to public and
private development of land adjacent to these corridors. The major transportation
corridors include the interstate system as designated in the adopted Comprehensive
Plan.
(D) The district establishes development standards (see Section 6.6.4) and a site plan review
process for development within the district. (See Section 2.5).
4.6.2 Applicability
(A) The Major Transportation Corridor(MTC) district is established as a district which
overlays other zoning districts established in this Ordinance. The new use of any land or
any new structure within the MTC district shall comply with the use regulations applicable
to the underlying zoning district as well as the requirements of the MTC district.
(B) The provisions, requirements and restrictions of this district shall not apply to the use of
land within the district for structures regulated by the NC Residential Code side fay
or two family dwellings or to any building or structure existing prior to the creation of this
district unless it is structurally altered to the extent of increasing the floor area by 50% or
more or is enlarged to any degree to occupy a vacant lot.
(C) This district shall be applied along any interstate highway in the County designated in the
adopted Comprehensive Plan as such and to any proposed interstate highway
designated in the adopted Comprehensive Plan as such.
(D) The minimum length of the district shall be a continuous distance along the thoroughfare
within the County's jurisdiction and outside of the extraterritorial planning jurisdictions of
the Towns of Hillsborough, Chapel Hill, and Carrboro and the City of Mebane.
(E) The minimum width of the district is 1,250 feet from the edge of the right-of-way
measured along a line which is perpendicular to the edge of the right-of-way on each side
of the roadway, except at interstate interchanges where the District shall extend 2,500
feet from the right-of-way on each side of the intersecting road.
4.6.3 Permitted Uses
Within the Major Transportation Corridor(MTC) District, uses of land and structures are those
permitted in the underlying zoning district or districts. All other requirements for the use of land
and structures contained in this Ordinance shall be met unless otherwise provided.
4.6.4 Building Setback and Yard Requirements
Building setback and required yard areas for the overlay district are as follows:
(A) The front yard requirement shall be 100 feet from the edge of the right-of-way of an
interstate highway or 50 feet from the edge of an intersecting road at an interstate
interchange.
(B) The rear yard requirement shall be 50 feet from the edge of the rear property line or 100
feet from the edge of the right-of-way of an interstate highway when a rear yard is
adjacent to the interstate.
(C) The side yard requirement shall be 50 feet from the side property line or 100 feet from the
edge of the right-of-way of an interstate highway where the side property line is adjacent
to the interstate.
Orange County, North Carolina—Unified Development Ordinance Page 4-19
Article 6: Development Standards36
Section 6.14: Stormwater Management
(B) Existing forested areas or any other healthy vegetation may not be removed from a
stream buffer, except where replaced with vegetation resulting in comparable stormwater
runoff velocity and quantity one year after planting.
(C) New vegetation shall be planted to capture non-source pollutants before they reach the
perennial stream, as per applicable Orange County Standards.
SECTION • -
6.14.1 Introduction
As a watershed becomes more developed, the amount of impervious surface area increases,
causing a decrease in the rate at which stormwater runoff can be absorbed into the soil. This
results in additional stormwater runoff flowing directly into streams and other water bodies.
Because this additional 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 and 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
resources. The purpose of the Board of County Commissioners in adopting stormwater
management regulations is to protect the water quality of the streams that lie within Orange
County by reducing and controlling stormwater runoff and addressing nutrient reductions for both
new and existing development.
6.14.3 Jurisdiction-Wide and Inter-Local Approaches
(A) Orange County shall have the option of implementing jurisdiction-wide and/or inter-local
approaches to control stormwater runoff and achieve nutrient reductions.
(B) Any jurisdiction-wide and/or inter-local approaches must be approved by the Orange
County Board of Commissioners, and the North Carolina Environmental Management
Commission before implementation.
6.14.4 General Methods
The following general approaches shall be utilized to minimize the effects of stormwater pollution
on hydrologically connected aquatic ecosystems and drinking water supplies in Orange County:
(A) Non-Structural Methods
(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) Stormwater runoff from roads, parking lots, and/or sidewalks shall be directed to
undisturbed areas through use of berms, grassed diversion ditches or swales, or
other acceptable means to reduce stormwater runoff velocity and volume, and
filter out pollutants.
(3) Impervious Surface Limits
(a) In order to promote infiltration of stormwater runoff into the soil and
minimize direct and immediate runoff into streams and water supply
impoundments, the maximum percentage of the total lot area which may
be covered with an impervious surface shall be specified. This limit is
referred to as the "impervious surface ratio".
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Article 6: Development Standards37
Section 6.14: Stormwater Management
(b) Impervious surface calculations for an individual development shall be
cumulative for original construction and any subsequent additions. One-
half of the width of any of any existing or proposed road adjacent to an
individual lot shall be included as impervious surface for that lot, except
in the case where an existing road was contained within a dedicated
public right-of-way at the time that the watershed regulations were first
applied to the watershed within which the development is located.
(4) Infiltration Systems
(a) The benefits of Infiltration Systems include, but are not limited to:
(i) Removal of both suspended and dissolved pollutants,
(ii) Relatively low maintenance requirements,
(iii) Flood reduction,
(iv) Promotion of groundwater recharge, and
(v) Maintenance of stream flow during dry periods.
(b) Where on-site Infiltration Systems are utilized, areas for such purposes
shall be designated on the plat and shall remain undisturbed both during
and after construction.
(c) Undisturbed areas designated for infiltration of stormwater runoff shall
also be located downslope from impervious surfaces and shall not
include areas characterized by floodplains, highly erodible or impervious
soils, steep slopes or previously disturbed areas.
(d) Areas designated as suitable for septic tank nitrification fields may not be
used for stormwater runoff infiltration purposes.
(B) Stormwater Control Measures (SCMs)
(1) In cases where non-structural methods 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 factors
such as the presence of highly erodible soils, impervious soils, steep slopes,
and/or lack of vegetative cover, permanent Stormwater Control Measures
(SCMs), which capture stormwater runoff for slow release through a controlled
outlet, are required.
(2) Where required, SCMs shall be constructed in accordance with this Section.
(C) Impervious Surface and SCM Requirements
(1) For all protected watersheds, an absolute limit on the percentage of lot area
which can be covered with impervious surfaces has been established. See
Section(s)4.2.5 and 4.2.6 of this Ordinance.
(2) In some cases, SCMs are required when the proposed impervious surface ratio
exceeds a specified percentage, which is below the absolute limit.
6.14.5 Applicability
(A) The stormwater 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
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Article 6: Development Standards38
Section 6.14: Stormwater Management
(a) Any Land-Disturbing Activity that cumulatively disturbs greater than one-
half acre of land in order to establish, expand or modify a single family or
duplex residential development or a recreational facility.
(b) Any Land-Disturbing Activity that cumulatively disturbs greater than
12,000 square feet of land in order to establish, expand, or modify a
multifamily residential development or a commercial, industrial or
institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
development or sale and the larger common plan exceeds the above
thresholds, even though multiple, separate or distinct activities take place
at different times on different schedules.
(2) Jordan Lake Watershed
(a) Any Land-Disturbing Activity that cumulatively disturbs greater than one
acre of land in order to establish, expand or modify a single family or
duplex residential development or a recreational facility.
(b) Any Land-Disturbing Activity that cumulatively disturbs greater than one-
half an acre of land in order to establish, expand, or modify a multifamily
residential development or a commercial, industrial or institutional facility.
(c) New development that disturbs less than the above thresholds are
exempt unless the new development is part of a larger common plan of
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.
(C) Redevelopment Exemption
When a preexisting development is redeveloped, either in whole or in part, increased
stormwater controls shall only be required for the amount of impervious surface being
created that exceeds the amount of impervious surface that existed before the
redevelopment, irrespective of whether the impervious surface that existed before the
redevelopment is to be demolished or relocated during the development activity.
6.14.6 Review Criteria
(A) New Development
(1) Riparian areas must be protected and maintained in compliance with this
Ordinance,
(2) Nutrient load contribution must meet the standards listed in Section 6.14.7 of this
Ordinance as required by the North Carolina Department of Environmental
Quality (NCDEQ),
(3) Stormwater systems shall be designed to control and treat, at a minimum, the
stormwater runoff generated by one inch of rainfall from all project area surfaces.
The treatment volume shall be drawn down pursuant to standards specific to
each practice as determined by the most current version 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 Verbatim NCSL23-137,amending NCGS 143-214.7(b3)
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Article 6: Development Standards39
Section 6.14: Stormwater Management
(4) New development that would exceed the nutrient loading rates set out herein,
shall include engineered stormwater controls designed to have a Primary and/or
Secondary SCM per NCDEQ requirements.
(5) Proposed new development may satisfy the review criteria standards of this
section using a Runoff Volume Match design approach (also referred to as a Low
Impact Development(LID) design approach) in conformance with 15A NCAC
02H.1002 (44). If pursued, a Runoff Volume Match design approach must
include the use of the accounting methodologies approved by the North Carolina
Division of Energy, Mineral, and Land Resources (NCDEMLR).
(B) Additional Standards— Falls Lake Watershed
(1) In addition to the standards contained in Section 6.14.6 (A) of this Ordinance,
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.
6.14.7 Nutrient Load
(A) Nitrogen and phosphorus loads contributed by proposed new development shall not
exceed the following unit-area mass loading rates:
(1) Falls Lake Watershed
(a) Nitrogen, 2.2 pounds per acre per year
(b) Phosphorus, 0.33 pounds per acre per year
(B) The nutrient export from each new development shall be calculated in pounds per acre
per year(using the approved accounting tool) in accordance with the methodologies
approved by the North Carolina Division of Water Resources (NCDWR).
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install 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
Orange County, North Carolina—Unified Development Ordinance Page 6-99
Article 6: Development Standards40
Section 6.14: Stormwater Management
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), approved private mitigation bank, or other mitigation option as approved
by the NCDEQ and Orange County. It is the policy of the 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
(1) Allowable on-site SCMs for nutrient reduction shall include those listed in the
most current version of the North Carolina Administrative Code Title 15A,
Subchapter 02H, Sections .1000 through .1062, and the most current version of
the NCDEQ Stormwater Design Manual.
(2) Design, maintenance and operation of SCMs shall follow standards provided in
the most current version of the North Carolina Administrative Code Title 15A,
Subchapter 02H, Sections .1000 through .1062, and the most current version of
the NCDEQ Stormwater Design Manual.
(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 tool.
6.14.8 Peak Runoff Volume
(A) Standards for Falls Lake Watershed
(1) For all new development, there shall be no net increase in peak flow leaving the
site from the predevelopment 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 predevelopment conditions consistent with 15 A
NCAC 02H.1002 (44).
(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,
Orange County, North Carolina—Unified Development Ordinance Page 6-100
Article 6: Development Standards41
Section 6.14: Stormwater Management
(b) Peak Discharge Method as described in the USDA Soil Conservation
Service's Technical Release Number 55 (TR-55),
(c) Alternative methods must be approved by the County.
(2) The same method must be used for both the pre- and post-development
conditions.
6.14.9 Stormwater Management Plan (SMP)
(A) Required Approval
The Erosion Control Officer shall not issue any Land Disturbing Permits (LDPs)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 SMP 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
SMP.
6.14.10 Operation and Maintenance of Stormwater Control Measures (SCMs)
(A) Performance Guarantees for SCMs
Approval of the SMP shall be conditioned on the posting of an SCM Performance
Guarantee in accordance with Section 6.22 of this Ordinance if SCM construction is
applicable.
(B) SCM Maintenance and Upkeep
(1) SCM Operation and Maintenance Agreement (OMA)
(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 OMA must include the following:
(i) Completed OMA cover sheet template as provided by the
Erosion Control Officer,
(ii) Name and address of the person or organization financially
responsible for paying the 5-year SCM inspection fee,
(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
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Article 6: Development Standards42
Section 6.14: Stormwater Management
(vi) (iv)(vi) SCM Operation and Maintenance Plan in accordance
with Section 6.14.10 (B) (2) of this Ordinance; the SCM
Operation and Maintenance Plan shall be attached to the OMA
as "Attachment A".
(c) The OMA shall require the owning entity to maintain, repair and, if
necessary, reconstruct the SCM in accordance with the approved SMP.
(d) The OMA shall be signed, notarized, and recorded with the Orange
County Register of Deeds.
(e) Where a single entity (such as a homeowners association)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 Association Declaration document and revised OMA must
be submitted for subsequent recordation at the Orange County Register
of Deeds after the association is formed. The recorded version of the
revised OMA and Association Declaration must be submitted to the
Orange County Planning Department before the LDP may be closed,
and before any remaining SCM Performance Guarantee funds may be
released.
(f) The owner of each SCM shall maintain the SCM so as not to create or
result in a nuisance condition.
(g) Every SCM installed pursuant to this Ordinance shall be made
accessible for adequate maintenance and repair by an SCM
maintenance easement. The SCM Maintenance easement shall be
recorded at the Orange County Register of Deeds and the terms shall
specify who make use of the SCM maintenance easement and for what
purposes.
(h) The owner of each SCM shall keep records of SCM inspections,
maintenance, and repairs and shall submit the same upon reasonable
request to the Erosion Control Officer.
(2) SCM Operation and Maintenance Plan (OMP)
(a) An SCM Operation and Maintenance Plan (OMP)shall be provided by
the owning entity 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 the following:
(i) What SCM operation and maintenance actions are needed,
(ii) What specific quantitative criteria will be used for determining
when those actions are to be taken, and
(iii) Who is responsible for those actions, consistent with the OMA.
(b) The standard OMP shall specifically address, but is not limited to:
(i) Mowing of permanent vegetation,
(ii) Removal of woody vegetation (e.g., bushes shrubs, and trees)
from any dam and/or berm structures,
(iii) Reseeding of any eroding areas,
(iv) Replacement of impaired vegetation,
(v) Removal of sediment and/or debris from inlet and outlet
channels, inlet and outlet pipes, forebays, trash racks, and riser
or barrel structures, and
(vi) Repair of any damage/deterioration to structural aspects of the
SCM.
Orange County, North Carolina—Unified Development Ordinance Page 6-102
Article 6: Development Standards43
Section 6.14: Stormwater Management
(c) The OMP shall clearly indicate the steps that will be taken for restoring a
SCM to its design specifications if an SCM 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 functionality of the SCM is diminished or threatened,
or to the extent of interfering with any easement or access to the SCM.
(4) SCM Repair or Reconstruction
(a) Except for general landscaping and grounds maintenance, the owning
entity shall notify Orange County prior to any repair or reconstruction of
the SCM.
(b) After notification by the owning entity, the Erosion Control Officer shall
inform the owning entity of any required additions, changes or
modifications and of the time period to complete said SCM
improvements.
(c) All SCM improvements shall be made consistent with the approved SMP,
the approved OMA, and the approved OMP.
(5) Annual SCM Inspection Required
(a) All SCMs shall be inspected by the owning entity at least on an annual
basis to determine whether the SCM is 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 issuance of the
Certificate of Stormwater Compliance for the SCM.
(d) The Erosion Control Officer will inspect each SCM approved pursuant to
these rules approximately every five years. In the event the Erosion
Control Officer discovers the need for corrective action of improvements,
he/she shall notify the owning entity of the needed SCM improvements
and the date by which the corrective action is to be completed. All SCM
improvements shall be made consistent with the approved SMP and the
approved OMA. After notification by the owning entity, the Erosion
Control Officer shall inspect and approve the completed SCM
improvements.
(6) 5-Year SCM Maintenance Inspection Fee
(a) The 5-year SCM maintenance inspection fee for the first 5-year period
shall be paid before:
(i) The issuance of the Certificate of Stormwater Compliance for the
SCM.
(ii) The release of up to 75% of the value of the SCM Performance
Guarantee.
(b) The 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 5-year SCM inspection.
(c) Failure to pay the 5-year SCM maintenance inspection fee shall be
deemed a violation of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 6-103
Article 10: Definitions44
Section 10.1: Definitions
Regulatory flood protection elevation
The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas
where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation
plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this
elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is
interchangeable with "design floods".
Remedy a violation
To bring the structure or other development into compliance with State and Orange County laws and
regulations. In terms of compliance with Orange County floodplain management regulations, the term
shall also include reduction of the impacts of a development's noncompliance including protecting the
structure or other affected development from flood damages, implementing the enforcement provisions of
the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with
regard to the structure or other development.
Repetitive loss
Flood-related damages sustained by a structure on two separate occasions during any ten year period for
which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of
the market value, or the tax value in the absence of recent comparative sales, of the structure before the
damage occurred.
Research Facility With Manufacturing
An enclosed structure which accommodates research and research applications as well as related light
industrial uses. Facilities may include laboratories, offices, other facilities for research and development,
and production facilities.
Research Facility Without Manufacturing
An enclosed structure which accommodates research and research applications. Facilities may include
laboratories, offices, and other facilities for research and development, as well as prototype production
facilities for product creation. Prototype production shall be limited in scale to that necessary to fully
analyze the merits of the product
Reservoir, Class I
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped directly to a treatment plant or to a small
intervening storage basin and thence to a treatment plant.
Reservoir, Class II
A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water
supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a
water treatment plant.
Residential Development
Buildings regulated by the North Carolina Residential Code as well as multifamily dwellings feF residential
use such as , apartment complexes; ,
and condominiums
'Q ,,
• 3
Residential Floor Area
The sum of areas for residential use on all floors of the building measured from the outside faces of the
exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and
below-grade floor areas used for habitation and residential access.
3 Updating to reflect SL23-108 regulatory scope:"Any structure regulated by the NC Residential Building Code".
Orange County, North Carolina—Unified Development Ordinance Page 10-37