HomeMy WebLinkAboutAgenda - 02-04-2003-9cORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 4, 2003
Action Agenda
Item No. - 61
SUBJECT: Legal Advertisement for February 24, 2003 Quarterly Public Hearing
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO
ATTACHMENT(S):
Proposed Legal Advertisement
INFORMATION CONTACT:
Craig Benedict, Planning Director, ext 2592
Robert P. Davis, Planner III, ext 2580
TELEPHONE NUMBERS:
Hillsborough
Chapel Hill
Durham
Mebane
732-8181
968-4501
688-7331
336-227-2031
PURPOSE: To receive authorization to submit the Quarterly Public Hearing Legal
Advertisement for publication for the February 24, 2003 quarterly public hearing.
BACKGROUND: The next regular quarterly public hearing is scheduled for February 24, 2003.
A summary of each item proposed for public hearing is provided. Staff is available to research
and answer questions prior to the public hearing.
A. ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
1. Amend Article 6 to establish Outdoor Lighting Standards that preserve, protect, and
enhance the use of public and private property through the use of appropriate lighting
practices.
2. Amend Article 6.23.7 Stream Buffers and Article 22 Definitions to broaden the methods for
identification of streams that require buffers. Stream buffers are presently required only
along streams identified on United States Geological Survey (USGS) topographic maps. A
shortcoming of USGS maps is that they are based on aerial photography without
accompanying field verification. The proposed ordinance change will also allow the use of
maps in the Soil Survey of Orange County which are based on actual fieldwork. Mapping
studies by the NC Division of Water Quality (DWQ) indicate the combined use of USGS and
Soil Survey maps accurately depict the presence of streams approximately 95% of the time.
Additionally, the amendment will allow County staff who have received Surface Water
Identification Training and Certification from DWQ to make a field determination of streams
subject to stream buffers.
3. Amend Article 23 (Enforcement) to revise enforcement procedures and define in greater
detail how zoning violations are to be cited and carried through the enforcement process.
An increase in the civil penalty from $100.00 to $500.00 per violation is also a part of the
amendment.
B. ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
1. Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for Violation), to
revise enforcement procedures and define in greater detail how violations are to be cited
and carried through the enforcement process. An increase in the civil penalty from
$50.00 to $500.00 per violation is also a part of the amendment. This amendment is a
corollary to the proposed Zoning Ordinance text amendment (item A.3).
FINANCIAL IMPACT: There is no financial impact associated with this decision.
Advertisement costs are included in the departmental budget for County initiated items.
RECOMMENDATION(S): The Administration recommends approval of the proposed February
24, 2003 Quarterly Public Hearing legal advertisement.
NOTICE OF PUBLIC HEARING
ORANGE COUNTY BOARD OF COMMISSIONERS
A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the
New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on
Monday, February 24, 2003, at 7:30 PM for the purpose of giving all interested citizens an
opportunity to speak for or against the following items:
A. ORANGE COUNTY ZONING ORDINANCE
1. Amend Article 6 to establish Outdoor Lighting Standards.
Purpose: To establish guidelines for outdoor lighting that preserve, protect, and
enhance the use of public and private property through the use of appropriate
lighting practices and systems while maintaining safety, security, and productivity
and curtail the degradation of the nighttime visual environment.
2. Amend Article 6.23.7 Stream Buffers and Article 22 Definitions to broaden the
methods for identification of streams that require stream buffers. The specific
change is to include a provision allowing use of the Soil Survey of Orange
County and field identification by County staff to identify streams subject to
stream buffers. A new definition for Water Feature is added as a part of the
amendment.
Purpose: Stream buffers in Orange County are presently provided only along those
streams indicated on the United States Geological Survey (USGS) Quadrangle
maps. There are inaccuracies in the published maps due, in large part, to the fact
that the maps are based on aerial photography and not field-verified by USGS in
most cases. Because the County adopted the USGS maps 'by reference' in the
zoning ordinance there is limited flexibility to properly locate the stream at the local
level without an amendment to the USGS maps themselves. The procedure for
changing an inaccurate USGS stream location is lengthy and does not correct other
inaccuracies for other streams that may be on the same map.
The USGS maps do not protect all water features that are important to water quality.
The proposed ordinance change will also allow the use of maps in the Soil Survey of
Orange County which are based on actual fieldwork. Mapping studies by the NC
Division of Water Quality (DWQ) indicate the combined use of USGS and Soil
Survey maps accurately depict the presence of streams approximately 95% of the
time. Additionally, the amendment will allow County staff who have received
Surface Water Identification Training and Certification from DWQ to make a field
determination of streams subject to stream buffers. By using these three methods of
water feature identification in combination with each other, virtually all streams that
affect water quality will be protected. An added benefit is that the availability of
County staff to do field determinations will provide citizens with a more accurate, no
cost service that is faster and helps them maintain a high quality of stream
preservation.
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3. Amend Article 23 (Enforcement) to streamline the citation procedure for
zoning violations, to establish procedural guidelines for violation
notifications, to allow the Zoning Officer to process civil penalties. An
increase in the civil penalty from $100.00 to $500.00 per violation is also a
part of the amendment.
Purpose: This amendment will clarify provisions, increase civil penalties, and
streamline enforcement procedures for enforcement of the Zoning Ordinance.
The amendments also provide greater discretion to the Planning Director/Zoning
Officer concerning the administration of penalties while, at the same time,
maintaining Board of County Commissioner oversight through the County
Manager's Office. The proposed changes in the Ordinance revise the
enforcement procedures to define in greater detail how violations are to be cited
and carried through the enforcement process.
Planning Staff currently has four (4) methods available for enforcement of the
Zoning Ordinance as listed below.
a. Stop Work Order - Zoning Officer may post Stop Work Order to compel
offender to cease work and bring property into compliance.
b. Injunction and Abatement - Zoning Officer may ask Court of competent
jurisdiction to prevent violation from continuing.
c. Civil Penalties - Offender subject to fee of $100.00 after notice sent to
offender and assessment made by BOCC.
d. Criminal Action - Offender guilty of misdemeanor punishable by fine of no
more than $500.00.
B. ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
1. Amend Section VII (Legal Status Provision), Sub-section VII-E (Penalties for
Violation), to identify the citation procedure for violations, and establish
procedural guidelines for violation notification, to allow the Planning
Director to make assessments for civil penalties, and increases the civil
penalty from $50.00 to $500.00 per violation.
Purpose: This amendment will clarify provisions, streamline enforcement of the
Subdivision Regulations, and increase available civil penalties. The proposed
changes in the regulations revise the enforcement procedures to define in
greater detail how violations are to be cited and carried through the enforcement
process. This amendment is a corollary to the proposed Zoning Ordinance text
amendment.
Planning Staff currently has four (4) methods available for enforcement of the
Subdivision Regulations as listed below.
a. Court Order- General Court of Justice may use any equitable remedy to
compel compliance with regulations to provide equitable relief to County.
b. Injunction and Order for compliance - Planning Director may ask Court of
competent jurisdiction to compel offender to comply with regulations.
c. Civil Penalties - Offender subject to fee of $50.00. The penalty may be
recovered by County in a civil action in the nature of a debt if not paid within
ten (10) days after citation of violation.
d. Criminal Action - Offender guilty of a misdemeanor punishable by fine of no
more than $50.00 or imprisoned for not more than thirty (30) days.
Changes may be made in the advertised proposals that reflect debate, objections
and discussion at the hearing.
Accommodations for individuals with physical disabilities can be provided if the
request is made to the Director of Planning at least 48 hours prior to the Public
Hearing by calling the appropriate number listed below. The full text of the
changes may be obtained after February 19, 2003 from the Planning Department.
Also, the text may be obtained at the County website www.co.orange.nc.us at the
Agendas and Reports link prior to the meeting.
Questions regarding the proposals may be directed to the Orange County Planning
Department located in the Planning and Agricultural Center, 306F Revere Road,
Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday
through Friday. You may also call 245-2575 (Hillsborough), 688-7331 (Durham), 967-
9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension
2575 or 2585. You will be directed to a staff member who will answer your questions.
PUBLISH: News of Orange Chapel Hill Herald
February 12, 2003 February 12, 2003
February 19, 2003 February 19, 2003