HomeMy WebLinkAboutAgenda - 08-25-2003-c1ab~~~
ORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS WORK SESSION
PUBLIC HEARING ITEM ABSTRACT
Meeting Date: August 25, 2003
Action Agenda
Item No. C1 a & b
SUBJECT: Growth Management System -Amendments to Zoning Ordinance and
Subdivision Regulations
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) [Y~
ATTACHMENT(S):
Outline, Growth Management System
Table, Growth Management System
Map, Growth Management System
Standards, Special Use Subdivision
Ordinance, Special Use Subdivision
INFORMATION CONTACT:
Craig Benedict, Planning Director Ext 2592
Geoff Gledhill, County Attorney
John Link, County Manager, Ext 2300
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
_
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To hear citizen and public comments regarding the proposed Growth Management
Amendments to the Zoning Ordinance and the Subdivision Regulations. The proposal would
require major subdivisions of property to follow either the current process, a Planned
Development process or a Class A Special Use Permit process depending upon the location
and number of lots.
BACKGROUND:
Planning Board request to BOCC - On May 6, 2002, the Orange County Planning Board
forwarded a letter to the Board of County Commissioners regarding the need for additional
growth controls in large residential developments among other issues.
BOCC/PB Joint Meeting - During a joint BOCC/Planning Board meeting on June 6, 2002 there
was additional discussion of some of the challenges posed to County services because of the
location of large developments.
BOCC Resolution - On June 18th the BOCC passed a resolution requesting that relevant issues
and possible actions be researched prior to further deliberation.
BOCC Requests Preparation of Special Use Permit (SUP) Process - A brief discussion at the
August 29, 2002 work session laid the groundwork for the September 3, 2002 BOCC meeting
where an issues report (copy attached) was presented by the Planning Director, County
Manager and County Attorney. After the presentation, the Board directed the Administration to
G:~Current Planning Division~ROBER11August 2003 PH~P.bstract-SUP Major Subd Process PH Revised 081803.doc
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prepare a Special Use Permit approval process for large-scale residential development projects.
These amendments are the result of that directive.
Growth Management -The discussion of managing growth and development led to two primary
issues; What was the scale of the project? (i.e. how many lots), and Where is the project being
proposed? The facets of this proposal will encourage the appropriate scaling of subdivisions.
For example, an 80-lot subdivision in Cedar Grove would have a different impact, both visually,
environmentally, and from a public services provision standpoint, than it would if it were located
in a Water/Sewer Primary Service Area just outside of Hillsborough. The proposed System
promotes subdivision design at scales consistent with arural/agricultural character or urban
character depending upon geographic location within the County.
In addition to putting forth growth regulations that manage the size and location of projects, this
proposal includes additional land development performance standards depending on the scale
of the project. In essence, the larger the project, the more complex research and analysis is
necessary to ameliorate the potential impact of the project.
This proposal divides the subdivision approval process into three main categories depending on
the location and the number of lots proposed.
Au_gust 2003 proposal
CATEGORY_ 1
1) Type: Standard Major
Lots: 6-19
Districts: All zoning districts (same subdivision process that is currently in effect)
Map Color. Green, Rural Area and Tan, Urbanizing Area
CATEGORY 2
2a) Type: Class A SUP Rural
Lofs: 20-40
Districts: Rural Buffer, Agricultural Residential, and R1 Outside of Primary Service
Area of Water and Sewer Boundary Agreement
Map Color. Green, Rural Area
2b) Type: Class A SUP Urbanizing Level I Analysis
Lots: 20-40
Districts: R-1 and EDD zoning in Primary Service Area of Water and Sewer Boundary
Agreement
Map Color. Tan, Urbanizing Area
2c) Type: Class A SUP Urbanizing Level II Analysis
Lots: 41-79
Districts: R-1 and EDD zoning in Primary Service Area of Water and Sewer Boundary
Agreement
Map Color. Tan, Urbanizing Area
G:\Current Planning Division\ROBERT~August 2003 PH\Abstract-SUP Major Subd Process PH Revised 081803.doc
CATEGORY 3 ~ ~'~
3a) Type: PD/SUP Rural (Legislative Rezoning with Quasi judicial Special Use Permit,
Class A)
Lots: 41 +
Districts: Rural Buffer, Agricultural Residential, and R1 Outside of Primary Service
Area of Water and Sewer Boundary Agreement
Map Color. Green, Rural Area
3b) Type: PD/SUP Urbanizing (Legislative Rezoning with Quasi-judicial Special Use
Permit, Class A)
Lots: 80+
Districts: Rural Buffer, Agricultural Residential, and R1 Outside of Primary Service
Area of Water and Sewer Boundary Agreement
Map Color. Tan, Urbanizing Area
Any project above 40 lots in a `green' Rural Area (see map) and above 79 lots in a `tan'
Urbanizing Area would have the option to pursue rezoning. Rezoning would not necessarily,
and in most cases would not, include any change in land use density. Projects would normally
be filed for planned development in the rural areas based on design (reduction in lot size and
increased open space, type of units, etc.) and whether or not the project as proposed by the
developer advances the County's goals in housing and environmental related areas.
There are currently no projects `in the pipeline' (i.e. at Preliminary Plan submittal stage) that
would be required to follow. eith~r.of the proposed processes. Additionally, no project has been
submitted for concept approval that would be required, by these proposed amendments, to
follow either process. -
The attached amendments should be reviewed by the Board members prior to the August 25,
2003 public hearing so that pertinent questions may be asked and reflected in the official
minutes of the meeting. This will allow staff to perform research prior to the return of the
amendments to the Planning Board for a recommendation back to the BOCC.
The proposed Growth Management System amendments above were discussed at the August
6, 2003 Planning Board Meeting.
Subdivision Regulation Changes:
A. Sets the new criteria for determining whether a proposed Preliminary subdivision is to be
processed as a Planned Development or a Major Subdivision Class A Special Use or under
existing ordinance provisions. The determining factors are location (whether inside or
outside of Primary Service Area of Water and Sewer Boundary Agreement) and the number
of lots proposed.
Zoning Ordinance Changes
A. Amends the Permitted Use Table by adding new uses to be identified as either a Planned
Development or Major Subdivision Class A Special Uses under both the H and S categories
B. Amends Table of Contents Article VIII to create a new Special Use identified as 8.8.29 with
corresponding subheadings and nomenclature identified in the proposed amendment.
C. New Special Use Permit performance criteria
G:\Current Planning Division\ROBER'11August 2003 PH\Abstract-SUP Major Subd Process PH Revised 081803.doc
Q 4
1. Professionally prepared Groundwater Yield Analysis for lots proposed on wells.
2. Certification from the respective governing body that controls access to public water
and public sewer connections that adequate service provision availability is in place.
3. In designated Transition Areas plans for sidewalks or pedestrian/bike lanes as part of
the public road design guidelines.
4. Requires a Resources Management Plan that shows a location within subdivision for
solid waste convenience center to serve the subdivision and where appropriate the
general area where the subdivision is located.
5. Requirement to demonstrate Open Space connectivity and accessibility to all lots in the
subdivision and the concept of `borrowed open space' for all lots in the subdivision.
6. Written and graphic site analysis showing soils, depth to water table, slope, hydrology,
vegetation, natural areas and habitats of special concern, historic sites, etc. and an
analysis of views into and from the site.
7. Requires a biological inventory that identifies habitat diversity, species diversity, and
species of special concern such as those designated as threatened or endangered.
8. Protection of Existing Vegetation
9. Storm Water Management Enhancement
10. Mitigation Plan requirement when proposal to disturb environmentally sensitive areas
as identified in the biological inventory.
11. Requires water conservation that indicates how irrigation systems for both the common
ownership lands and individual lots adhere to conservation principles.
12. Requires use of xeriscaping principles.
13. Requires that Public Road Access be in accordance with a consistent, County-adopted
public. road access management plan,.._.. __
14. Reserves a section to insert afuture-adopted regulation concerning `Crime Prevention
through Environmental Design.
15. Requires Maintenance of Improvements as set forth in the Resources Management
Plan.
Process
1) Public Hearing to be held on August 25, 2003.
2) Planning Board to make recommendation to BOCC.
3) BOCC makes final decision
FINANCIAL IMPACT: There is no public financial impact associated with this item.
RECOMMENDATION(S): Planning Staff recommends Approval of the amendments.
Administration recommends that the proposed amendments be
referred to the Planning Board for a recommendation returned fo
the BOCC no sooner than October 7, 2003.
G:\Current Planning Division\ROBERTWugust 2003 PH\Abstract-SUP Major Subd Process PH Revised 081803.doc
Ei ~~ J
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
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OUTLINE, GROWTH MANAGEMENT SYSTEM
I.
II.
II.
Evolution of ProQosed Growth Management Svstem
May 6, 2002- Planning Board Letter to BOCC Requesting Additional Growth
Controls in Large Residential Developments
June 6, 2002- Joint BOCC/Planning Board Meeting and Discussion of
Challenges Posed by Large Developments
June 18, 2002 BOCC Passed Resolution Requesting Relevant Issues and
Possible Actions Be Researched
August 29, 2002 Brief Discussion at BOCC Work Session
September 3, 2002 Issues Report Presented at BOCC Meeting. Following
Presentation, the Board Directed the Administration. to
. Prepare a Special Use Permit Approval Process for Large-Scale
Residential Development
August 6, 2003 Planning Board Discussed Proposed Growth Management
System
Two (2) Primary Land Use Objectives
Al. Major Subdivisions in Areas with Urban Infrastructure Potential
A2. Minor Subdivisions in Areas Consistent with Rural/Agricultural Activities and
Character
B. Reduce Vehicle Miles Traveled (VMT) and Associated Air/Water Quality Impacts
Zoning and Subdivision Ordinance Revisions Required to Achieve Objectives
A. Special Use Subdivision Growth Management System Establishing
Threshold Size And Location -August 25~' Quarter/y Pub/ic Hearing
1. Subdivision Process Changes
A. Designates Areas Based on Growth Potential (Urbanizing vs. Rural)
B. Adds Residential/Subdivision Categories to Permitted Use Table
Creating Thresholds On the Number of Lots
C. Based on Number of Lots and Location
a. Special Use Permit (SUP)
• General Standards Currently in Effect
~~ '~ b
• Threshold Size and Location Standards Are Proposed
b. SUP Rezoning
• Planned Development Regulations Already Exist
2. Subdivision Requirements Changes
A. Added Additional Submittal Criteria for Application
3. Location
A. Urbanizing/Rural Growth Boundary
B. Promotes Larger (# lots) Subdivisions in Areas with Urban
Infrastructure Potential
C. Reduces Urban Sprawl Impacts and Promotes Countywide
Environmental and Rural Sustainability
4. Scale
A. The Proposed Special Use Subdivision Growth Management System
Will Encourage the Appropriate Scaling of Subdivisions - An 80-lot
- - - - - subdivision in Cedar Grove. wQUld have a difFerent impact, both
- - -visually and from a public services provision: standpoint, than it
would if it were located in a Transition Area just outside of
_ _ ___ _. Hillsborough. The proposed System promotes subdivision design at
scales consistent with a rural/agricultural character or urban
character depending upon geographic location within the County.
oo~
ORANGE COUNTY PLANNING DEPARTMENT
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 2727£t
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TABLE, GROWTH MANAGEMENT SYSTEM
URBANIZING AREA i
Zoning R-1 AND EDD ZONING LOCATED IN WATER AND SEWER BOUNDARY AGREEMENT
District: SERVICE AREAS TAN*
SUBDIVISION MAJOR CLASS A SPECIAL USE PERMIT PLANNED
DEVELOPMENT
1. Number of Lots 6-19 20-40 41-79 80+
2. Zoning Process Admin. and PB Admin. and PB Admin. and PB Admin. and PB
(who?) Review and BOCC Review and BOCC Review and BOCC Review and BOCC
. Approval SUP Approval SUP ,Approval SUP Approval
3. Planned No No No Yes
Development
Zoning - _ _ - _ _
_:< <__ Amendment L
~__ .. _
~-
4. ~'---- Special Use--Permit No Yes, Including -r-Yes, Including Yes.
J Level I Anal sis Level II Anal sis
(L) -Legislative (QJ) -Quasi-Judicial
RURAL AREA i
Zoning BALANCE OF COUNTY'S PLANNING GREEN*~
District:
SUBDIVISION MAJOR CLASS A SPECIAL USE PERMIT PLANNED
DEVELOPMENT
1. Number of Lots 6-19 20-40 41+
2. Zoning Process Admin. and PB Admin. and PB Review and BOCC SUP Admin. and PB
(who?) Review and BOCC Approval Review and BOCC
Approval SUP Approval
3. Planned No No Yes
Development
Zoning
Amendment L
4. Special Use Permit No Yes Yes
J
(L) -Legislative (Q]) -Quasi-Judicial
*See Attached Special Use Subdivision Growth Management System Map
[1] Subdivisions over 19 lots with multiple zoning districts and/or zoning district overlays shall be subject the
Planned Development Process
Note: No Change Recommended for Minor Subdivisions
s:`'~C:]t"rY~~12t'•Slt~c §~~df~: tiPt~ CS.V!,1 i~!CI?Y~': ~sT "E`~ 4:5~ 2 c~ ~..~~,Ut~ ..,It .c~:r_ ,. ???.J`v.. ?}.?C,~,. '. ']ur
1
11. A. Part 1.
Special Use Subdivision
Growth Management System
DRAFT
~gend
Urbanizing: R1
and EDD in PSA'
Rural: Balance of
County's Planning
Jurisdiction
RuralBuffer
City Limits
ETJ
Cooperative Planning
Analysis Area '
'rimary Service Area of
Ater and Sewer Boundary
regiment
An area of further study
tween the City of Durham
d Orange County, portions
which may be ~nsidered
transition area land use
ossification.
GIS map seated by Mriam Coleman, Orange County Planning Dept. 8111103
009
PLEASE NOTE: Pages 009 - 021 are part of a
Planning Board Work Session on 8-6-03. Actual
ordinance language is located on pages 023 - 038.
STANDARDS GROWTH MANAGEMENT SYSTEM -
R-1 & EDD ZONING IN WATER SEWER BOUNDARY URBANIZING TAN
SUBDMSION ~ MAJOR SUP I
Number of Lots 6-19 20-~'
BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY F
SUBDMSION ~ ~ MAJOR SUP
Number of Lots 6-19 20-40
c$~:- Major Subdivision Class A Special Use
_,~ : - Additional Information (To be submitted for all
applications)
' In addition to a Prel+rr~iknary-Plan-prepared in -
accordance with the range County- - ,--
Subdivision Regulation and the information
required in Subsections 8.2 ancfi8.8, the
following shall be submitted as part of the
application:
1. NOTIFICATION
Stamped envelopes addressed to each
owner of properly within 500 feet (radius
drawing) of the property proposed to be
subdivided. The names and addresses of
property owners shall be based on the
current listing as shown in the Orange
County Land Records system.
(Submittal: To be submitted on Land Records
letterhead with signature and date of Land
Record certification) R
2. DEVELOPMENT SCHEDULE
The statement from the applicant
indicating the anticipated development
schedule for the build out of the project.
(Submittal: One-half page specifying the
phasing of the project and timeline for each
phase, if any.} R
SUP II PD
41-79 80+
PD'
41+
R R E
R
R Recorrunen~dl ., - '~ ~ - ,~ .`~ ~ ~ -
~ega~red ;",~ ~ ~. GS Goal Support+n9 F ? E ~E~s~ng Per NonSUP 5ubdwision Regulabons ':
~evef3Ari is.-'C ~ornment `= '~N/A ~.Nof,4~pplicabl~ K' ~`
~eve1~1 ~ is - - - - -, '` _ -
R I E
STANDARDS GROWTH MANAGEMENT SYSTEM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDIVISION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF QRANGE COUNTY PLANNING JURISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
3. PUBLIC WATER/SEWER COMMITMENT
If the residential lots are proposed to be
served by a public water system, proof of
water supply and service availability in the
form of a certified copy of a resolution to
that effect enacted by the governing body
of the water system providing the water to
serve the lots in the subdivision. If the
residential lots are proposed to be served
by a public sewer system proof of public
sewer service availability in the form of a
certified copy of a resolution to that effect
enacted by the governing body of the
sewer system providing the sewer service
to the lots in the subdivision. If the
residential lots are proposed to be served
by a community water and/or sewer
system, proof that the system(~s)~°1 be = - 4.
operated either directly by or tfiro''tTgh
contract with the water and/or sewer
provider whose service area or interest
area, as defined in the Water and Sewer
Management, Planning and Boundary
Agreement, includes the subdivided land.
(Submittal: Certified letter from the public
utility provider(s) indicating intent and ability to
serve the project)
NOTE: Public water and sewer is necessary
in the transition areas which are part of the
Water and Sewer Boundary Agreement.
*There are areas not in transition that are
within the Water and Sewer Boundary
Agreement and limitations of scale and
location that would still apply except as
changed by special use rezoning. "N/A R R R
R =Recommended/
required, ~ GS =Goal Supporting . E =Existing Per Non-SUP Subdivision Regulations
_ 1_evel l Analysis C=Comment - WA =Not Applicable
Level it Anal sis -
cTeNnaRes_ GROWTH MANAGEMENT SYSTEM ~'~
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDMSION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING .7URISDICTION IN WATER SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
4. WATER RESOURCE REPORT
(For applications where more than 20% of
total lots are less than 2 acres)
If the residential lots are proposed to be
served by individual wells or community
wells, a professionally prepared
groundwater yield analysis relating the R R R R
proposed wells to the U.S. Geological 1 II II II
Survey Water Resources Investigations
Report 00-4286 and any later USGS Water
Resource Investigation Report data
available.
(Submittal: Certified letter from hydrologist
indicating impact on groundwater resources,
available supply, and possible alternate well
zones and recharge areas.)
5 OPEN SPACE CONNECTIVITY ;- - - ~- -~~:=-.:
A map that demonstrates both open space-- ~-3= --
connectivity and open space accessibility E E E E
to all lots in the subdivision and adheres _
to the concept of "borrowed open space"
availability to all lots in the subdivision.
(Submittal: Plan and one-half page
explanation explaining how project meets
comprehensive open space program,
connectivity & accessibility, etc.)
6. NATURAL ~ HUMAN MADE RESOURCES
A written and graphic site analysis
illustrating soils, depth to water table,
slope, hydrology, vegetation, natural areas
and habitats of special concern,
infrastructure and other manmade
features, historic and archaeological sites,
and visual analysis of views into and from
the site.
(Submittal: Plan and one page summary of R R R R
how intent of this section is met) 1 I II II
R =Recommended!
~2equired _~ ~ GS =Goal Supporting E =Existing PerNon-.SUP Subdivision Regulations--
. Level i P,nalysis : C =Comment NIA =Not ApplicakAe
teGe1 I! Ana] is
~~~
c~ww~nwnnc con~erru MANer-GMFNTCYCTPM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDMSION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
7. PEDESTRIAN/BICYCLE PLAN
If the subdivision is located in a Transition
Area designated as such on the Land Use
Element of the Comprehensive Plan, a
plan for sidewalks or pedestrian/bike lanes
as part of the public roads using where
appropriate alternative North Carolina
Department of Transportation design
guidelines that include pedestrian/bike
lanes as part of the public road system.
For proposals not located in a transition
area an off-road, open space pedestrian
plan shall be submitted and/or other plans
as approved by NCDOT.
(Submittal: Plan and one half-page written
summary) E R R R
S. SOLID WASTE (For applications.=of mo~e_ _ ~ .
than 40 lots)
The location within the subdivision of a
solid waste convenience center(s)
intended to serve the subdivision and,
where appropriate, the area in which the
subdivision is located.
(Submittal: Plan) N/A NIA R R
9. LANDSCAPE PLAN DETAILS
A landscape plan that shows: 1) the
proposed locations, and types of,
plantings, 2) the existing natural
landscape with existing topography, 3) the
width of roadside and perimeter buffers to
be left undisturbed, 4) the open space
(proposed undisturbed and proposed
improved) as well as type of ownership
shall be submitted with the application.
(Submittal: Plan and material list) E E E E
R = Recommended/
- - vision Regulations-
Required ~ GS -Goal Suppor#ing E - E~sting Qer Non-SUP Subdi
Level ~ Analysis C =Comment NIA =Not Applicable
Level.~t Ana -s _ _
STANDARDS GROWTH MANAGEMENT SYSTEM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAr
SUBDIVISION MAJOR SUP I
Number of Lots 6-19 20-40
BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY I
SUBDMSION MAJOR SUP
Number of Lots 6-19 20-40
10. TRAFFIC STUDY
A traffic impact study as provided in
Article 13 within transition areas and for all
applications of more than 40 lots outside
of transition areas, and include in that
study the need for public road
improvements both onsite and offsite that
relates to the level of service of public
roads that will be impacted by the
development.
(Submittal: Report prepared in accordance
with Ordinance) NIA
~~~ ~r....~,...~
0.8.29.9 Additional Information (For all applications
over 40 lots or for any site identified on the
:. -
Resource protection Area maps
11. BIOLOGICAL INVENTORY _
A biological inventory, performed by
Planner which identifies habitat
diversity, species diversity, species of
special concern such as those designated
as threatened or endangered, last known
sighting, candidate species likely to be
present which may warrant protection,
specimen trees outstanding in size and/or
species, and the status and source of the
information compiled in the inventory. The
biological inventory shall be accompanied
by an analysis describing habitat integrity,
relationships between habitats and to
ecological communities offsite, any
existing threats to flora and fauna and
potential for habitat enhancement.
[Submittal: Report and analysis
(approximately 5 pages)]
GS
R
GS
R =Recommended/,, .
• Required ;' GS =Goal Supporting E =Existing Per Non-SUP Subdivision Regulations
Level I Arialysis , C =Comment. NIA =Not Applicable
Level Il Anal sis
~~1
SUP II PD
41-79 80+
IL GREEN
PD
41+
R
II
R
I
R
II
R
II
creNneQnc r.RnwTH MONAGEMENT SYSTEM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDMSION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
12. ENVIRONMENTAL MITIGATION
A mitigation plan is required when any
wetland or other environmentally
sensitive area identified in the
biological inventory will be altered as a
result of development of the
subdivision or construction of homes
or other buildings and structures
associated with the subdivision. The
mitigation plan shall include the
following:
a. An assessment of the ecological
value of resources that will be lost
and a statement of how that value
will be replaced through mitigation;
b. A specific statement of the goals ~:
- ~ and objectives, i.e., exactly what
steps will be taken to compensate
for lost habitat etc.;
c. Detailed descriptions in the. form of
grading plans, construction plans,
and planting plans to illustrate how
the objectives will be carried out;
d. A monitoring and maintenance plan
to measure success of the
mitigation based on stated
objectives. Include a list of parties
responsible for monitoring and
maintenance, a schedule for each,
and how results will be reported to
the Planning and Inspections R R
Department; GS GS I 11
R = Recommeridedl
Required GS =Goal Supporting E =Existing Per ~1on-S1JPSubdivision Regulations'
~~ Level i Analysis ~ . , C = Comment ~ NIA =.NotApplicable ''
Level 11 Ar,al~sis~~ '
s' ~; •.t
.......~.,~ ~nn~~rru raueMerFMFNT SYSTEM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDIVISION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MA]OR SUP PD
Number of Lots 6-19 20-40 41+
e. A plan showing how the site will be
protected from impacts by human
and unwanted animal intrusion,
alternate plant species and
construction methods that could be
used in the event adjustments or
substitutions are needed until the
mitigation area is established; and
f. A financial guarantee is required for
the total cost of the mitigation
project. Once the installation is
complete, thirty percent (30%) of
the amount of the letter of credit or
escrow will be held for twelve (12)
months or until the site is
established, whichever is greater.
[Submittal: Report at~dalysis -- --=-- -
(approximately 10- pages}l _ - _ _. „_. -
13. LOW IMPACT DESIGN -
(Design booklet) R R R
GS I II II
8:8:29:2 Standards of Evaluation
The following specific standards shall be used
in deciding on an application for this use: .
A. The project meets all applicable design
standards and other requirements of the
Zoning Ordinance and the Subdivision .
Regulations. E E E E
B. The project meets all service provision
criteria as set forth below:
1. Fire,
2. Police,
3. Rescue Services,
4. Water Supply,
5. Wastewater Treatment Methods.
R
R
R
R
R =Recommended/ ,,
Required , ~' , . : GS~= Goal Suppofing E =Existing Per tJon-SiJP SubdiJision Regulations
Level ~ ~.r~alysis ~~ - C =Comment _ N/A =Not Applicable
Level 11 Ar~at sis~ -
STANDARDS GROWTH MANAGEMENT SYSTEM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAI
SUBDMSION MAJOR SUP I
Number of Lots 6-19 20-40
BALANCE OP ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY
SUBDMSION MAJOR SUP
Number of Lots 6-19 20-40
C. Habitats shall be identified and evaluated
in the biological inventory required by
8.8.29.1 B (a) and are subject to the
following:
GS
R
1. An undisturbed buffer is required
around the boundary of habitats of
rare, threatened, or endangered
species as shown on the biological
inventory. Buffer width shall be
determined by site evaluation in
consultation with the applicant's
biologist and officials from the NC
Department of Agriculture and/or the
NC Department of Environment, Health
and Natural Resources;
_ 2. Habitat enhancements ~s-described in
• the biological inventory shaft be made -
for abroad range of species to help
mitigate the loss of wildlife habitat
during construction. Examples include
preserving, planting, and maintaining a
variety of native vegetation (also dead
• trees and snags); installing structures
conducive for nesting such as bird
houses or bat boxes designed and
located for various species; or creating
wetlands;
3. Conservation easements or other
acceptable means such as dedication
to a public agency, or conservancy or a
homeowner's association are required
to protect wetlands and other habitats
while insuring proper long-term
maintenance; and
R = Rerximmer~dedl _ _ - -. ..
Required . _ , . GS -Goal Supporting E =Existing Per Non-SUP Subdivision, Regulations
Leve11 Analysis' _• . C.= Comment N/A =Not Applicable •
Level 11 Ana ~ ~s
SUP II PD
41-79 80+
\L GREEN
PD
41+
R: R
II II
c~reNneRnC_ [;'RnWTH McNAGEMENT SYSTEM ~ ~ ~~
-. - -
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDMSION MA]OR SUP I SUP II PD
Number of Lots -6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
4. Provide barriers or fencing, and
signage at the edge of habitat buffers
to prohibit vehicular and pedestrian
access. Limited access may be
allowed if proposed in a sensitive
manner for environmental education
purposes.
D. Landscaping and Buffers
1. Protection of Existing Vegetation
a. Existing vegetation shall be
preserved as indicated on the
approved landscape plan in
- accordance with the_provisions of __
Article 12.2 of the honing _ ~, _ _ -. _ __
- Ordinance; E ~ E E
b. Tree protection measures shall be
installed and maintained between
all areas of disturbance and trees to -
be retained as shown on the
approved landscape plan. A detail
of the tree protection barrier
proposed shall be included as part
of the landscape plan submitted R R R R
with the application; 1 I II II
c. Corridors connecting habitats
identified in the biological inventory
shall be preserved along
fencerows, streams, buffers, or
other wooded areas. If destroyed
during construction, such
connections shall be restored using R R R R
appropriate plant materials; I 1 II it
R =Recommended/
Required GS =Goal Supporting E =existing Per tv'on-SUP Subdivision Regulations -
Level ~ Analysis - ' G = Comment ~ , ~ - N,A =iJotApplica5le
Lea~~l II Anal sis - _ -
~~
STANDARDS. GROWTH MANAGEMENT SYSTEM
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDMSION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING .7URISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
d. Trees and stumps cleared for roads
and building construction shall
either be used for timber purposes
or shredded for landscape mulch,
composted, buried or otherwise R R R R
disposed of BUT NOT BURNED. I I II II
2. Berms, fences and landscaping walls
may be used with plant materials for
screening, provided such features are
designed and located in harmony with
other site features and functions;
3. Use of xeriscaping principles.
E. Stormwater Management
1. No net increase in peak=flow leaving _ .;
- -- ~ the site fram the predevelopment
conditions for the 1 year, 24-hour R R R R
storm; I I II II
2. The stormwater management system
must respect existing drainage
patterns. Runoff shall be directed
away from erosion-prone slopes.
Paved paths may be used to channel R R R R
runoff; I I I I I I
3. Energy dissipaters such as riprap
aprons shall be used where runoff is
concentrated and discharged, for
example, at downspouts from rooftops
and storm drains at parking areas.
Runoff shall not be discharged directly
into surface water, or other R R R R
environmental) sensitive areas; I I II II
R ='.Recommended/_ , .; , _
4~equired~ GS =Goal Supporting E =Existing Per Non-SUP Subdivision Regulations
Level I Analysis C-=.Comment NIA =Not Applicable
Level Il Anal sis
e•rww~nwnnc con~w-TU MAIUAGFMFNT CY.CTFM ~ ~ '.~
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDIVISION MA]OR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING~~URISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MA]OR SUP PD
Number of Lots 6-19 20-40 41+
4. Concentrated stormwater, conveyed by
ditches, channels, pipes, swales or
other conveyance systems must be
dispersed and diffuse flow
reestablished prior to discharge into a R R R R
stream buffer; I I II II
5. Nitrogen load contribution must be R R R R
held to 3.6 Ibs per acre per year. I I II II
F. Drainage
1. All drainage structures will be installed
and maintained according to the
approved Stormwater Management R R R R
Plan. I I II II
2. Subdivisions that include
retentionCde~entioir ~bnds shsil comply
with the requirements in Section 6.23.4,
Operation and Maintenance of R~ R R R
Structural Best Management Practices. I I II II
G. Grading and Erosion Control
1. Plans for grading and erosion control
comply with standards contained in the
Orange County Erosion and Sediment R R R R
Control Ordinance and Manual; 'I I II II
2. Construction is phased to the extent
practical to minimize disturbance and
sedimentation;
3. Sediment control measures will be
properly installed to filter sediment
from runoff during construction and
maintained until grading is complete
and a permanent vegetative cover has
been established and all slopes
stabilized; and
R = Recor~ameridedl
. Required a. = GS = Goal Supporting E _ ~xisdng Per Non-SUP Subdivision Regulations
'Level l Analysis C;= Comment N/A =Not Applicable
Level H Anal sis'
cren~neQnc f:R[1WTH MONAGEMENT SYSTEM
...
R-1 & EDD ZONING IN WATER~SEWER BOUNDARY URBANIZING TAN
SUBDMSION. MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING 7URISDICTION IN WATER/SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots 6-19 20-40 41+
4. Permanent landscaping, groundcover,
mulch, etc. will be installed as soon as
practical after construction activities
for each phase are completed.
H. Solid Waste Management
The Solid Waste Management Plan
submitted as part of the Resources
Management Plan shall include the
method(s) of disposal and recycling of
construction debris.
I. Irrigation
1. Irrigation systems for the subdivision
and the lots in the subdivision are
designed -and can be, ~: operated _: -
according to a water conservation -plan- __
described in the Resources
- Management Plan submitted with the
application;
2. The Resources Management Plan shall
identify the source(s) of water to be
used for irrigation, the volume
available for that purpose, and
expected consumption rates. The
system design and plan for operation
will be evaluated based on efficiency;
and
3. Water recycled from stormwater
retention ponds or treated sewage
effluent is used for irrigation where it is
a legally permitted alternative.
I R = Recortimended/
~, ;Required - .`` GS^=Goal Supporting E = Existirig Per-Non-SUP 5ubdivtsiori Regulations" "
Lever (Analysis` C = comment _ - NIA =Not P.pp7i~ble
Level 1l Anal sis
.wwe. ~.~~~~ITU uwwlwl~Cwl1C1UT CVCTCM -~4
r7 ~l1~wr~~w... - - - - - - - -- -
R-1 & EDD ZONING IN WATER/SEWER BOUNDARY URBANIZING TAN
SUBDMSION MAJOR SUP I SUP II PD
Number of Lots 6-19 20-40 41-79 80+
BALANCE OF ORANGE COUNTY PLANNING JURISDICTION IN WATER SEWER BOUNDARY RURAL GREEN
SUBDMSION MAJOR SUP PD
Number of Lots . 6-19 20-40 41+
J. Habitat Maintenance
1. Habitats identified in the biological
inventory and habitats created through
mitigation shall be maintained in
accordance with the Resources
Management Plan andlor a
conservation easement agreement; and
2. Maintenance of habitats shall be
minimal, consisting primarily of
maintaining buffers and
enhancements, removal of exotic (non-
native) plant species, and keeping
drainage ways functioning properly.
K. Crime Prevention through Environmental --- - -v- _._ , _
Design (Reserved) ~ ~: ~.~ _ -_
L. Public Road Access
Access to the subdivision and access to
lots within the subdivision to existing
public roads shall conform to and be in
compliance with any public road access
management plan adopted by Orange
County.
M. Maintenance of Improvements
All site improvements such as roads,
utilities (including irrigation and drainage
structures), habitat enhancements,
recreational amenities, signage,
landscaping, etc. will be maintained in
function and appearance. Maintenance
specifications, if any, for on-going site
management shall be submitted as part of
the Resources Management Plan.
R = Recomme>~ded/
Required GS =Goal Supporting E =Existing Per Non-SUP Subdivision Regulations
'Level 'Analysis C =Comment NIA =Not Applicable
Level 11 Anal sis ;
~~
- This page left blank intentionally -
Ordinance to Public Hearing
Bold =Proposed Language
~eg# =Deleted Language
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
~~e~
Be it ordained by the Board of Commissioners of Orange County that the Orange County
Subdivision Regulations and the Orange County Zoning Ordinance are hereby amended as
follows
Section 1. SUBDNISION REGULATIONS. Amend Definitions Section II to create a new
definition for Resources Management Plan as follows:
A document and map, submitted as a part of a Major Subdivision, Class A
Special Use Permit application or a Major Subdivision, Planned
Development Atlas Amendment with SUP application, that sets forth, in
detail, the location of and the proposed methods for:
1) protection of natural resources (i.e. habitat maintenance, existing
vegetation, and mitigation of environmentally sensitive areas),
2) ownership and maintenance of open spaces (common open space,
proposed conservation easements, and landscape buffers)
3) provision of services (solid waste management to include recycling,
storm water management (temporary and permanent), irrigation
systems to include the source of water,
4) the method of handling of land clearing debris.
Section 2. SUBDNISION REGULATIONS. Amend Definitions Section II to create a new
definition for Wetland as follows:
Those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for
life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. (Definition taken from EPA regulations
at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section
328.3(b), as of July 2"d, 2002.).
Section 3. SUBDNISION REGULATIONS. Amend Section III-:D-3 to read as follows:
Preliminary Plat Approval
Application and approval procedures specified in this Section u~y-be apply to
all Preliminary Plats.- except and to the extent that applicable Orange
County Zoning Ordinance application and approval procedures pertain.
The applicant of a major subdivision not otherwise classified as a Major
Subdivision, Class A Special Use (Rural or Urbanizing) or a Major
Subdivision, Planned Development (Rural or Urbanizing) may leas
~ ~^~ ~-° ?~°a *?~° ?~^~n} :~:~• ':~ choose to vest the
Rrccttiz~ ~. :t,t, ....., . .. rt,t, ... ..j, ~ ........,~,
Preliminary Plat for a longer time period than is otherwise provided by this
Section. If he/she wishes to exercise this option, the application approval
procedures required for Class A Special Uses shall apply as specified in Article
g:cun-entplanning/Robert/majorsubdivisionSUPOnIy with Headings
61 ~ ~ Ordinance to Public Hearing
8 of the Orange County Zoning Ordinance for a Site Specific Development
Plan Special Use.
Those subdivisions of land which require a Class A Special Use under this
Ordinance and under the Orange County Zoning Ordinance shall comply
with the requirements of the Orange County Subdivision Regulations and
the Orange County Zoning Ordinance.
For the purpose of determining whether a major subdivision is a Class A
Special Use, the number of lots created shall be determined by counting the
cumulative number of lots created, through a regulated subdivision, on a
tract or parcel of land as the boundaries of the tract or parcel of land
existed in the Land Records of Orange County as of
[the effective date of these Ordinance Amendments]
Section 4. ZONING ORDINANCE. Amend Table of Contents, Article VIII to add four new
uses entitled "Maior Subdivision Class A Special Use, Rural", "Maior
Subdivision Class A Special Use, Urbanizing", "Maior Subdivision, Planned
_ Development, Rural" and "Maior Subdivision, Planned Development,
Urbanizing" and to identify them as Section 8.8.29 with. corresponding
subheadings and nomenclature as specified in Section 6 of this Ordinance
Amending the Zoning Ordinance and Subdivision Regulations of Orange County.
Section 5. ZONING ORDINANCE. Amend Permitted Use Table by adding eight new uses
identified as "H15 Maior Subdivision Class A Special Use, Rural (20-40
Lots "and, "H16 Maior Subdivision Class A Special Use, Urbanizing (20-79
Lots ", `H17 Maior Subdivision, Planned Development, Rural (41+ Lots)"
and "H18 Maior Subdivision, Planned Development, Urbanizing (80+ Lots)"
and "S59 Maior Subdivision Class A Special Use, Rural (20-40 Lots)" and
"S60 Maior Subdivision Class A Special Use, Urbanizing (20-79 Lots)", "S61
Maior Subdivision, Planned Development, Rural (41+ Lots)", and "S62
Maior Subdivision, Planned Development, Urbanizing (80+ Lots)" with a
requirement for either a Planned Development Atlas Amendment with Class A
Special Use Permit or a Class A Special Use Permit for areas designated as either
within or outside of Primary Service Areas, as appropriate, identified in the Water
and Sewer Management Planning and Boundary Agreement Map adopted
December 3, 2001 and as amended from time to time
Section 6. ZONING ORDINANCE. Amend Article 8 by adding a new Special Use to read
as follows:
8.8.29 Maior Subdivision Class A Special Use (Rural or Urbanizing)
8.8.29.1A Additional Information (To be submitted for all applications)
g:cunentplanning/Robert/majorsubdivisionSUPOnIy with Headings
Ordinance to Public Hearing
In addition to a Preliminary Plan prepared in accordance with
the Orange County Subdivision Regulation and the
information required in Subsections 8.2 and 8.8, the following
shall be submitted as part of the application:
a) NOTIFICATION
Stamped envelopes addressed to each owner of property
within 500 feet of the property proposed for
subdivision. The names and addresses of property
owners shall be based on the current listing as shown in
the Orange County Land Records system.
(Submittal: To be submitted on Land Records letterhead
with signature and date of Land Record certification)
b) DEVELOPMENT SCHEDULE
A statement, from the applicant, indicating the
anticipated development schedule for the build out of
the project.
(Submittal: One-half page specifying the phasing of the
project and timeline for each phase)
cl) PUBLIC WATER/SEWER COMMITTMENT
If the proposed residential lots are to be served by a
public water system, proof of water supply and service
availability in the form of a certified copy of a
resolution to that effect enacted by the governing body
of the water system providing the water to serve the lots
in the subdivision. If the residential lots are proposed to
be served by a public sewer system proof of public
sewer service availability in the form of a certified copy
of a resolution to that effect enacted by the governing
body of the sewer system providing the sewer service to
the lots in the subdivision. If the residential lots are
proposed to be served by a community water and/or
sewer system, proof that the system(s) will be operated
either directly by or through contract with the water
and/or sewer provider whose service area or interest
area, as defined in the Water and Sewer Management
Planning and Boundary Agreement adopted December
3, 2001, includes the subdivided land.
(Submittal: Certified letter from the public utility
provider(s) indicating intent and ability to serve the project)
c2) WATER RESOURCE REPORT (For applications where
more than 20% of total lots are less than 2 acres)
g:currentplanning/Robert/majorsubdivisionSUPOnIyvith Headings
Ordinance to Public Hearing
~3~u
If the residential lots are proposed to be served by
individual wells or community wells, a professionally
prepared groundwater yield analysis relating the
proposed wells to the U S Geological Survey Water
Resources Investigations Report 00-4286 and any later
USGS Water Resource Investigation Report data
available.
(Submittal: Certified letter from hydrologist indicating
impact on groundwater resources.
d) OPEN SPACE CONNECTIVITY
A map that demonstrates both open space connectivity
and open space accessibility to all lots in the subdivision
and adheres to the concept of "borrowed open space"
availability to all lots in the subdivision.
(Submittal: Plan and one-half page explanation explaining
how project meets open space connectivity & accessibility)
e) NATURAL & MAN MADE RESOURCES
A written and graphic site analysis illustrating soils,
_~_ ___ depth to water table slope, hydrology, vegetation,
__ _ ______ _~_.- natural areas and habitats of special_concern,
infrastructure and other manmade features, historic
and archaeological sites, and visual analysis of views
into and from the site.
(Submittal: Plan and one page summary of how intent of
this section is met)
f) PEDESTRIANBICYCLE PLAN
If the subdivision is located in a Transition Area
designated as such on the Land Use Element of the
Comprehensive Plan, a plan for sidewalks or
pedestriaiiilbike lanes as part of the public roads using
where appropriate alternative North Carolina
Department of Transportation design guidelines that
include pedestrian/bike lanes as part of the public road
system. For proposals not located in a transition area
an off-road, pedestrian plan shall be submitted.
(Submittal: Plan and one half-page summary)
g) SOLID WASTE (For applications of more than 40 lots)
The location within the subdivision of a solid waste
convenience center(s) intended to serve the subdivision
and, where appropriate, the area in which the
subdivision is located.
(Submittal: Plan)
g:currentplanning/Robert/majorsubdivisionSUPOnIywhh Headings
Ordinance to Public Hearing ~~
h) LANDSCAPE PLAN DETAILS
A landscape plan that shows: 1) the proposed locations,
and types of, plantings, 2) the existing natural landscape
with existing topography, 3) the width of roadside and
perimeter buffers to be left undisturbed, 4) the open
space (proposed undisturbed and proposed improved)
as well as type of ownership shall be submitted with the
application.
(Submittal: Plan and material list)
i) TRAFFIC STUDY
A traffic impact study as provided in Article 13 within
transition areas and for all applications of more than 40
lots outside of transition areas, and include in that study
the need for public road improvements both ofsite and
offsite that relates to the level of service of public roads
that will be impacted by the development.
(Submittal: Report prepared in accordance with Ordinance)
8.$.29.1B Additional Information (For all applications over 401ots or for
._~ ,
,A any site identifiedon the Resource Protection Area Map)
- a) BIOLOGICAL INVENTORY
A biological inventory which identifies habitat diversity,
species diversity, species of special concern such as
those designated as threatened or endangered, last
known sighting, candidate species likely to be present
which may warrant protection, specimen trees
outstanding in size and/or species, and the status and
source of the information compiled in the inventory.
The biological inventory shall be accompanied by an
analysis describing habitat integrity, relationships
between habitats and to ecological communities offsite,
any existing threats to flora and fauna and potential for
habitat enhancement.
(Submittal: Report and analysis)
b) ENVIRONMENTAL MITIGATION
A mitigation plan is required when any wetland or
other environmentally sensitive area identified in the
biological inventory will be altered as a result of
development of the subdivision or construction of
homes or other buildings and structures associated with
the subdivision. The mitigation plan shall include the
following:
g:currentplanning/Robert/majorsubdivisionSUPOnIywhh Headings
Ordinance to Public Hearing
~~~
1) An assessment of the ecological value of
resources that will be lost and a statement of how
that value will be replaced through mitigation;
2) A specific statement of the goals and objectives,
i.e., exactly what steps will be taken to
compensate for lost habitat, etc.;
3) Detailed descriptions in the form of grading
plans, construction plans, and planting plans to
illustrate how the objectives will be carried out;
4) A monitoring and maintenance plan to measure
success of the mitigation based on stated
objectives. Include a list of parties responsible
for monitoring and maintenance, a schedule for
each, and how results will be reported to the
Planning and Inspections Department;
._ _. .. _
-- 5) A plan sho~~-ing how the site will be protected
...
from impacts by human and unwanted anima
intrusion, alternate plant species and
construction methods that could be used in the
event adjustments or substitutions are needed
until the mitigation area is established; and
6) A financial guarantee is required for the total
cost of the mitigation project. Once the
installation is complete, thirty percent (30%) of
the amount of the letter of credit or escrow will
be held for twelve (12) months or until the site is
established, whichever is greater.
8.8.29.2 Standards of Evaluation
The following specific standards shall be used in deciding on
an application for this use:
a) The project meets all applicable design standards and
other requirements of the Zoning Ordinance and the
Subdivision Regulations.
b) The project meets all service provision criteria as set
forth below:
g:currentplanning/Robert/majorsubdivisionSUPOnIy whh Headings
Ordinance to Public Hearing
(1) Fire
(2) Police
(3) Rescue services
(4) Water Supply
(5) Wastewater Treatment Methods
c) Habitats shall be identified and evaluated in the
biological inventory required by 8.8.29.1B (a) and are
subject to the following:
~~~
(1) An undisturbed buffer is required around the
boundary of habitats of rare, threatened, or
endangered species as shown on the biological
inventory. Buffer width shall be determined by
site evaluation in consultation with the
applicant's biologist and officials from the NC
_ _ __ _ Department of Agriculture and/or the NC
. _ ___ ~ _ _ ~ , Department of Environment,-Health and Natural
.,. z.
Resources;
(2) Habitat enhancements as described in the
biological inventory shall be made for a broad
range of species to help mitigate the loss of
wildlife habitat during construction. Examples
include preserving, planting, and maintaining a
variety of native vegetation (also dead trees and
snags); installing structures conducive for
nesting such as bird houses or bat boxes
designed and located for various species; or
creating wetlands;
(3) Conservation easements or other acceptable
means such as dedication to a public agency, or
conservancy or a homeowner's association are
required to protect wetlands and other habitats
while insuring proper long-term maintenance;
and
(4) Provide barriers or fencing, and signage at the
edge of habitat buffers to prohibit vehicular and
pedestrian access. Limited access may be
g:cun'entplanning/Robert/majorsubdivisionSUPOnIy whh Headings
~ ~ ~ Ordinance to Public Hearing
allowed if proposed in a sensitive manner for
environmental education purposes.
d) Landscaping and Buffers
1) Protection of Existing Vegetation
(a) Existing vegetation shall be preserved as
indicated on the approved landscape plan
in accordance with the provisions of
Article 12.2 of the Zoning Ordinance;
(b) Tree protection measures shall be
installed and maintained between all
areas of disturbance and trees to be
retained as shown on the approved
landscape plan. A detail of the tree
protection barrier proposed shall be
included as part of the landscape plan
submitted with the application;
_ _ _ --
- (c) Corridors connecting 7~bitats identified
in the biological inventory shall be
preserved along fencerows, streams,
buffers, or other wooded areas. If
destroyed during construction, such
connections shall be restored using
appropriate plant materials;
(d) Trees and stumps cleared for roads and
building construction shall either be used
for timber purposes or shredded for
landscape mulch, composted, buried or
otherwise disposed of BUT NOT
BURNED.
2) Berms, fences and landscaping walls may be
used with plant materials for screening, provided
such features are designed and located in
harmony with other site features and functions;
3) To minimize visual impact by blending
architecture into the surrounding landscape,
foundation plantings are required at all
freestanding entrance signs;
g:currentplanning/Robert/majorsubdivisionSUPOnIy whh Headings
Ordinance to Public Hearing !'
4) Use of xeriscaping principles.
e) Stormwater Management
1) No net increase in peak flow leaving the site from
the predevelopment conditions for the 1 year, 24-
hour storm;
2) The stormwater management system must
respect existing drainage patterns. Runoff shall
be directed away from erosion-prone slopes.
Paved paths may be used to channel runoff;
3) Energy dissipaters such as riprap aprons shall be
used where runoff is concentrated and
discharged, for example, at downspouts from
rooftops and storm drains at parking areas.
Runoff shall not be discharged directly into
surface water, or other environmentally sensitive
areas:,
4) Concentrated stormwater, conveyed by ditches,
channels, pipes, swales or other conveyance
systems must be dispersed and diffuse flow
reestablished prior to discharge into a stream
buffer;
5) Nitrogen load contribution must be held to 3.6
Ibs per acre per year.
f) Drainage
1) All drainage structures will be installed and
maintained according to the approved
Stormwater Management Plan.
2) Subdivisions that include retention/detention
ponds shall comply with the requirements in
Section 6.23.4, Operation and Maintenance of
Structural Best Management Practices.
g) Grading and Erosion Control
1) Plans for grading and erosion control comply
with standards contained in the Orange County
g:currentplanning/Robert/majorsubdivisionSUPOnIy with Headings
n'~ ~ '~ Ordinance to Public Hearing
Erosion and Sediment Control Ordinance and
Manual;
2) Construction is phased to the extent practical to
minimize disturbance and sedimentation;
3) Sediment control measures will be properly
installed to filter sediment from runoff during
construction and maintained until grading is
complete and a permanent vegetative cover has
been established and all slopes stabilized; and
4) Permanent landscaping, groundcover, mulch,
etc. will be installed as soon as practical after
construction activities for each phase are
completed.
h) Solid Waste Management
The Solid Waste Management Plan submitted as part of
the Resources Management Plan shall include the
._ method(s) of disposal end _.recycling of construction
debris.
i) Irrigation
1) Irrigation systems for the subdivision and the
lots in the subdivision are designed and can be
operated according to a water conservation plan
described in the Resources Management Plan
submitted with the application;
2) The Resources Management Plan shall identify
the source(s) of water to be used for irrigation,
the volume available for that purpose, and
expected consumption rates. The system design
and plan for operation will be evaluated based
on efficiency; and
3) Water recycled from stormwater retention
ponds or treated sewage effluent maybe used for
irrigation where it is a legally permitted
alternative.
j) Habitat Maintenance
g:currentplanning/Robert/majorsubdivisionSUPOnIyvith Headings
Ordinance to Public Hearing +
~~
1) Habitats identified in the biological inventory
and habitats created through mitigation shall be
maintained in accordance with the Resources
Management Plan and/or a conservation
easement agreement; and
2) Maintenance of habitats shall be minimal,
consisting primarily of maintaining buffers and
enhancements, removal of exotic (non-native)
plant species, and keeping drainage ways
functioning properly.
k) Crime Prevention through Environmental Design
(Reserved)
1) Public Road Access
Access to the subdivision and access to lots within the
subdivision to existing public roads shall conform to
and be in compliance with any public road access
management plan adopted by Orange County.
m) Maintenance of Improvements
All site improvements such as roads, utilities (including
irrigation and drainage structures), habitat
enhancements, recreational amenities, signage,
landscaping, open space, etc. will be maintained in
function and appearance. Maintenance specifications, if
any, for on-going site management shall be submitted as
part of the Resources Management Plan and
incorporated into Homeowners' Association documents.
Section 7. ZONING ORDINANCE and SUBDNISION REGULATIONS: Amend Article
22, the Definitions section of the Zoning Ordinance, and Section II Definitions of
the Subdivision Regulations to create new definitions for following uses:
Maior Subdivision, Class A Special Use~Rural 20-40 Lots)--A tract of land
zoned AR, R1 or RB located outside of a Primary Service Area (PSA), as
defined in the Water and Sewer Management Planning and Boundary
Agreement adopted December 3, 2001 and as may be amended from time to
time, that is proposed for subdivision of 20-401ots, cumulatively.
Maior Subdivision, Class A Special Use, Urbanizing (20-79 Lots)--A tract of
land zoned R-1 or EDD located within a Primary Service Area (PSA), as
defined in the Water and Sewer Management Planning and Boundary
g:currentplanning/RobertlmajorsubdivisionSUPOnIy with Headings
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Ordinance to Public Hearing
Agreement adopted December 3, 2001 and as maybe amended from time to
time, that is proposed for subdivision 20-791ots, cumulatively.
Maior Subdivision, Planned Development, Rural (41+ Lots)-- A tract of land
zoned AR, R1 or RB outside of a Primary Service Area (PSA), as defined in the
Water and Sewer Management Planning and Boundary Agreement adopted
December 3, 2001 and as maybe amended from time to time, that is proposed
for subdivision of 41 or more lots, cumulatively.
Maior Subdivision, Planned Development, Urbanizing (80+ Lots)-- A tract
of land zoned R-1 or EDD located within a Primary Service Area (PSA), as
defined in the Water and Sewer Management Planning and Boundary
Agreement adopted December 3, 2001, that is proposed for subdivision of 80 or
more lots, cumulatively.
For the purpose of determining whether a subdivision is a Major
Subdivision, Class A Special Use (Rural or Urbanizing), or a Major
Subdivision, Planned Development, (Rural or Urbanizing) the number of
lots created shall be determined by counting the cumulative number of lots
created, through a regulated subdivision, on a tract or parcel of land as the
boundaries of said tract or parcel of land existed in the Land Records of
Orange County as of
[the effective date of these Ordinance Amendments
Section 8. ZONING ORDINANCE Amend Definitions Article 22 to create a new definition
for Resources Management Plan as follows:
A document and map, submitted as a part of a Major Subdivision, Class A
Special Use Permit application or a Major Subdivision, Planned
Development Atlas Amendment with SUP application, that sets forth, in
detail, the location of and the proposed methods for:
1) protection of natural resources (i.e. habitat maintenance, existing
vegetation, and mitigation of environmentally sensitive areas),
2) ownership and maintenance of open spaces (common open space,
proposed conservation easements, and landscape buffers)
3) provision of services (solid waste management to include recycling,
storm water management (temporary and permanent), irrigation
systems to include the source of water,
4) the method of handling of land clearing debris.
Section 9. ZONING ORDINANCE Amend Definition Article 22 to create a new definition
for Wetland as follows:
Those areas that are inundated or saturated by surface or ground water at
a frequency and duration sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted for
g:currentplanning/Robert/majorsubdivisionSUPOnIy with Headings
Ordinance to Public Hearing
life in saturated soil conditions. Wetlands generally include swamps,
marshes, bogs, and similar areas. (Definition taken from EPA regulations
at 40 CFR Section 230.3(t) and COE Regulations at 33 CFR Section
328.3(b), as of July 2"d, 2002.).
Section 10 ZONING ORDINANCE Amend 4.3 Permitted Use Table to create two
classifications of the R-1 zoning district---Rl * and Rl * *.
Rl *---for properties located outside of the Primary Service Area as defined by
Water and Sewer Management Planning and Boundary Agreement adopted
December 3, 2001 and as may be amended from time to time.
Rl**---for properties located within the Primary Service Area as defined by
Water and Sewer Management Planning and Boundary Agreement adopted
December 3, 2001 and as may be amended from time to time.
Section 11. ZONING ORDINANCE. Amend EDD Permitted Use Table by adding two new
uses identified as "Maior Subdivision Class A Special Use, Urbanizing (20-79
Lots " "Maior Subdivision, Planned Development, Urbanizing (80+ Lots)"
with a requirement for either a Planned Development Atlas Amendment with
Class A Special Use Permit or a Class A Special Use Permit in areas designated
_ __ as Primary Service Areas as identified in the Water and Sewer Management
Planning and Boundary Agreement Map adopted December 3, 2001.
...___ _ _
Section 12. This ordinance is effective upon its adoption.
NOW THEREFORE BE IT RESOLVED by the Board of Orange County Commissioners
that this ordinance entitled "An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County" be adopted.
Upon motion of Commissioner ,seconded by Commissioner
the foregoing ordinance was adopted this the day of
2003.
I, Donna S. Baker, 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 , 2003 as relates in any way to the adoption of the
foregoing and that said proceedings are recorded in the minutes of said Board.
WITNESS my hand and the seal of said County, this day of , 2003.
SEAL
Clerk to the Board of Commissioners
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