HomeMy WebLinkAboutAgenda - 05-05-2003-4aORANGE COUNTY/TOWN OF HILLSBOROUGH
COURTESY REVIEW AGREEMENT
Reservation of Utility Capacity for Review Purposes
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1.
Pre - application meeting between Orange County Planning Staff and developer.
(a) Developer submits two (2) copies of proposed Concept Plan for review with
regards to:
• Feasibility
• Meets zoning /subdivision regulations
• Multiple Concept Plans including Yield Plan, Flexible
Development/Conservation Cluster with and without public water and
sewer.
2
One copy of Concept Plan with OC Planning Staff comments sent to Town of
Hillsborough for preliminary review.
3
Applicant formally petitions Town of Hillsborough for Reservation of Utility
Capacity.
4.
Hillsborough Board of Commissioners acts on petition within two (2) months.
Reservation of Utility Capacity to be valid for two (2) years, during which time
5.
applicant must negotiate with the Town a contract for extension under the Town's
policies and fee schedule.
6
Orange County Staff and Planning Board review and recommend preferred
Concept Plan subdivision design.
7.
Applicant submits Preliminary Plan to Staff and OC Planning Board.
$
OC Planning Board reviews and recommends Preliminary Plan and forwards to
OC Board of County Commissioners.
9.
Board of County Commissioners review and act upon application.
10.
Staff reviews Final Plat application and associated documents to ensure
compliance with Resolution of Approval.
11.
Final Plat recorded.
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COURTESY REVIEW AGREEMENT
(Note: New /revised text shown underlined)
THIS AGREEMENT, made and entered into this day of , 200_1 by
and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina,
the TOWN OF HILLSBOROUGH, a municipal corporation duly created and existing under the
laws of North Carolina.
WITNESSETH:
In consideration of the public benefits expected to flow from the cooperative efforts of the
parties in establishing a coordinated system of planning within their respective areas of public
concern, the parties to this Agreement hereby mutually agree as follows:
ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE
Section 1.1 Purpose of the Agreement
The purpose of this Agreement is to establish a method to foster coordinated
planning between Orange County and the Town of Hillsborough. Further, the
process is intended to provide a forum for discussion of development impacts and
exchange information and ideas. This agreement does not provide for joint
approval.
Section 1.2 Definitions
A. Courtesy Review Area. The area designated on the Courtesy Review Area Land
Use Map and attached hereto as Exhibit A. (As a cross - reference this is the area
also noted on the Water and Sewer Management, Planning and Boundary
Agreement map as the Town of Hillsborough's primary service area.) Within the
Courtesy Review Area, the Town of Hillsborough's Land Use Plan will apply to
land within its corporate limits and extraterritorial planning_ jurisdiction (ETJ).
Orange County's Land Use Plan will apply in the remainder of the Courtesy
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B. Development proposal. Development permit proposals that are to be reviewed
under this agreement must meet at least one or more of the following criteria:
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1. Land use amendment involving five (5 ) acres,
2. Rezoning involving five (5 ) acres,
3. Special Use Permit involving five (5) acres,
4. Conditional Use Permits involving five (5) acres,
5. Annexations involving five (5) acres,
Projects with a residential component of greater than 50 dwelling units ..
Section 1.3 Effective Date and Duration
A. This Agreement, except as provided below, shall become effective upon adoption
of an ,.,.a;,,. nee by the elected officials of the Town of Hillsborough and Orange
County to its effect. Any previously adopted Agreements in conflict with this
Agreement shall become null and void upon this date. The Courtesy Review Area
Map in Appendix A to this Agreement shall become effective upon the execution
of this Agreement.
B. This Agreement, including any Appendix hereto, shall remain in effect until
terminated by mutual agreement or by withdrawal of any party. Withdrawal of
one party shall absolve the remaining party to satisfy conditions under the
Agreement.
ARTICLE 2. ADOPTION, ADMINISTRATION AND
AMENDMENT OF STANDARDS
All proposed developments noted in Section 1.2B shall be submitted for courtesy review in the
following areas:
A. Aforesaid Courtesy Review Map area outside of Hillsborough's ETJ,
B. Within the Town of Hillsborough's town limits and extra - territorial jurisdiction.
Section 2.1 Proposal Administration within the Courtesy Review Area
A. Whenever Hillsborough receives an application for a development proposal as
defined in this Agreement relating to land within the Courtesy Review Area, it
shall forward two 2 copies of the full application and associated materials to
Orange County planning staff for review within two (2) working days of a
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completed application being submitted. Comments shall then be returned to the
Town of Hillsborough planning staff within five (5) working days for inclusion in
the Hillsborough planning board and/or town board agenda packet.
1. In the case of a voluntary annexation, the application is complete upon receipt
of petition for application.
2. In the case of an involuntary annexation, the Town of Hillsborough will notify
the Orange County planning department at the time that they notify the
effected property owners of the intent to annex.
3. The Town of Hillsborough will forward a copy of all staff reports regarding
the feasibility of the annexation, whether voluntary or involuntary, to the
Orange County Planning Department as part of the notification.
B. Whenever Orange County receives an application for a development permit as
defined in this Agreement relating to land within the Courtesy Review Area, it
shall forward two (2) copies of the full application and associated materials to
Town of Hillsborough planning staff for review within two (2) working dam
completed application being submitted. Comments shall then be returned to the
Orange County planning staff within five (5) working days for inclusion in the
Orange County planning board and/or county commissioner's agenda packet.
Section 2.2 Substance of Comments
A. The Town of Hillsborough may make comments on a development proposal
within the jurisdiction of Orange County covered under this Agreement on certain
matters of concern. These matters of concern shall include, but not be limited to:
1. Utility .p.
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b) if the develempent or-evesal e;..,T,r utility ...
2. Transportation issues (traffic and road capacity, access to mass transit, etc.)
B. Orange County may make comments on a development proposal within the
jurisdiction of the Town of Hillsborough covered under this Agreement on certain
matters of concern. These matters of concern shall include, but not be limited to:
1. School capacity and planning
2. Emergency management services
3. Transportation issues (traffic and road capacity, access to mass transit, etc.)
4. Social services
5. Environmental resources
Section 2.3 Request for Joint Meeting
Either jurisdiction may request a joint meeting of the elected boards to discuss a
development proposal subject to courtesy review. The request shall be made in
writing by the reviewing jurisdiction when comments are submitted or in writing
by the approving jurisdiction upon receipt of comments. When either part y
requests a joint meeting, the approving jurisdiction agrees to delay s4pproval
process for the project in question in order to accommodate the joint meeting. If
such a meeting is scheduled, the developer will provide five (5) additional copies
of the development proposal application.
Section 2.4 Reservation of Utility Capacity for Review Purposes
1. An applicant within Orange County's jurisidiction desiring Hillsborough
water and sewer service shall independtly petition the Town for servation
of utility cgpacity following a pre - application conference with Orange
County.
2. The Hillsborough Town Board will decide within 2 month of receiving the
petition whether to formally reserve utility capacity for a project based on
a preliminM concept plan. Water use will be projected based on the
concept plan.
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3. The reservation of utilitv capacity shall be valid for no more than 2
calendar years unless the reservation is extended through mutual
agreement of the Town Board and the applicant.
4. Within the two -year period, the applicant and Town have the opportunity
to negotiate a water and sewer extension contract in accordance with
adopted town policies and fee schedules. If a contract is not adopted
within the reservation period, the Town will cease reserving capacity for
the development.
Section 2.5 Enforcement Remedies.
Development proposal revocation, if necessary and authorized by ordinance, shall
be handled by the same individual or board authorized to issue the original
development approval.
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