HomeMy WebLinkAboutAgenda - 09-16-2003-8hORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 16, 2003
Action Agenda
Item No.
SUBJECT: Development Open Burning Restrictions (Zoning, Subdivision & Erosion
Control)
DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Proposed Amendments to Zoning
Ordinance and Subdivision Regulations
Proposed Amendments to Erosion Control
Ordinance
INFORMATION CONTACT:
Craig Benedict, Director, ext. 2592
Robert P. Davis, Planner III, ext. 2580
TELEPHONE NUMBERS:
Minutes -Aug 6, 2003 Planning Board Hillsborough 245-2575 or 2585
Minutes -May 27, 2003 Public Hearing Chapel Hill 968-4501
Local Bill -Authorization to Orange Durham 688-7331
County Mebane 336-227-2031
PURPOSE: To close the Public Hearing and to make a decision concerning the proposed
Development Open Burning Restrictions to the Zoning Ordinance & Subdivision Regulations
and the Erosion Control Ordinance.
BACKGROUND: The Public Hearing for this item was held on May 27, 2003. These
amendments, if approved, will require a management plan that addresses handling debris by a
manner other than open burning. The enforcement mechanism in these amendments is a staff
review of a construction or development application that is filed along with a request for a
zoning or subdivision approval. The open burning management plan will become acheck-off
item in the review process, like other normal details (well/septic, setbacks, driveways, etc.). The
Planning Board reviewed the amendments and recommended approval at its August 6, 2003
meeting.
In July of 2000, Orange County was authorized by the General Assembly, within the planning
jurisdiction of the County (except in Carr and Cheeks precincts in the unincorporated area of the
County), to regulate and prohibit the open burning of trees, limbs, stumps and construction
debris associated with development activity. In September of 2002, the General Assembly
expanded this regulatory authority to include Carr and Cheeks townships. Agricultural,
horticultural, and silvicultural activities are exempt by law from the requirements of County
zoning regulations. Under this new regulatory power, Orange County can, after it amends its
planning regulations, regulate and prohibit the open burning of trees, limbs, stumps and other
construction debris associated with development and building activities.
Pursuant to the Joint Planning Agreement, the permitting of development within the Joint
Planning Area is performed by the County in the Rural Buffer. Conditions of permitting related
to open burning will be pursuant to development regulations within the Town of Chapel Hill in
the Chapel Hill portion of the ETJ or Transition Area and by Carrboro within the Carrboro
portion of the ETJ or Transition Area.
Chapel Hill and Carrboro were notified of these amendments prior to the public hearing through
the normal agenda distribution of the public hearing and Planning Board meeting packets. Both
jurisdictions are also on the mail out list for the Board of County Commissioners agenda.
Discussion Points at Public Hearing
1. Can counties define `bona-fide' farms?
No, enabling legislation does not give counties the ability to redefine bona-fide farms.
2. Is the term `bona-fide farm' used for tax purposes?
No, use value for tax purposes is not the same as bona-fide farm in the zoning
ordinance. Some properties may be in one or the other or both.
3. Question concerning cross-referencing in these amendments to the County's recycling
ordinance.
Process:
1) Public Hearing held on May 27, 2003
2) Planning Board on August 6, 2003 recommended approval of the Development
Open Burning Restrictions (Zoning and Subdivision)
3) BOCC to make decision
FINANCIAL IMPACT: There are no public fiscal impacts associated with this decision.
RECOMMENDATION(S): Administration recommends APPROVAL of the attached
ordinance amendments.
The Planning Board recommends APPROVAL of the
Development Open Burning Restrictions to the Zoning Ordinance
and the Subdivision Regulations.
The Planning StafF recommends APPROVAL of the attached
ordinance amendments.
Recommended Ordinance 3
An Ordinance Amending the Zoning Ordinance and Subdivision
Regulations of Orange County
Be it ordained by the Board of Commissioners of Orange County that the Orange
County Zoning Ordinance and Subdivision Regulations are here by amended as
follows:
Bold =Proposed Language
Section 1. SUBDIVISION REGULATIONS. Amend Section IV-B-8-a by adding new
wording to read as follows:
INTENT
(6) No open burning of trees, limbs, stumps and construction debris
associated with the development of the Subdivision.
Section 2. SUBDIVISION REGULATIONS. Amend Section IV-B-8-b by adding new
wording to read as follows:
LANDSCAPE PLAN REVIEW AND APPROVAL
9) Method of disposal of trees, limbs, stumps and construction
debris associated with the development of the subdivision, which
shall be by some method other than open burning.
Section 3. SUBDIVISION REGULATIONS. Amend Section NV-B-8-b by adding new
language to the unnumbered penultimate paragraph to read as follows:
LANDSCAPE PLAN REVIEW AND APPROVAL
No subdivision shall be approved and no building permit shall be issued
until the required landscape plan has been submitted and approved. No
certificate of occupancy shall be issued until the landscaping according to
the approved plan has been installed, inspected and approved by the
county planning and inspections department, unless a performance bond
or other acceptable guarantee of improvements such as an escrow
agreement or letter of credit has been posted.
Every subdivision approval shall contain as a condition of approval a
prohibition of the open burning of trees, limbs, stumps and
construction debris associated with the development of the
subdivision.
Section 4. SUBDIVISION REGULATIONS. Amend Section II DEFINITIONS to
create a new definition as follows:
OPEN BURNING OF TREES, LIMBS, STUMPS AND CONSTRUCTION
DEBRIS ASSOCIATED WITH THE DEVELOPMENT OF THE
SUBDIVISION -the disposal of limbs, stumps and construction
Recommended Ordinance
4
debris associated with the development of the subdivision by means
of outdoor fires.
Section 5. ZONING ORDINANCE. Amend Section 8.8 by adding new language to
read as follows:
e) Method of disposal of trees, limbs, stumps and construction
debris associated with the permitted activity; which shall be by
some method other than open burning.
Section 6. ZONING ORDINANCE. Amend Section 12.3 by adding new language to
read as follows:
i) Methods of disposal of trees, limbs, stumps and construction
debris associated with the permitted activity, which shall be by
some method other than open burning.
Section 7. ZONING ORDINANCE. Amend Section 12.3 by adding new language
after the unnumbered penultimate paragraph to read as follows:
Plan Review and Approval
No building permit shall be issued until the required landscape plan has
been submitted and approved. No certificate of occupancy shall be issued
until the landscaping is completed as certified by an on-site inspection by
the Zoning Officer, unless a performance bond, letter of credit, or escrow
agreement as a guarantee of improvements has been posted.
Every building permit approval shall contain as a condition of
approval a prohibition of the open burning of trees, limbs, stumps
and construction debris associated with the permitted activity.
Section 8. ZONING ORDINANCE. Amend Section 14.2.2 by adding new language to
read as follows:
f) Method of disposal of trees, limbs, stumps and construction
debris associated with the permitted activity; which shall be by
some method other than open burning
Section 9. ZONING ORDINANCE. Amend Section 14.2.3 by adding new language
to read as follows:
u) Methods of disposal of trees, limbs, stumps and construction
debris associated with the permitted activity, which shall be by
some method other than open burning.
Recommended Ordinance $
Section 10. ZONING ORDINANCE. Amend Section 14.3.1 by adding new language
to read as follows:
g. No open burning of trees, limbs, stumps and construction debris
associated with the permitted activity.
Section 11. ZONING ORDINANCE. Amend Section 21.4 by adding new language
after the final paragraph to read as follows:
Zoning Compliance Permit Required
Application for Zoning Compliance Permit shall specify the method
of disposal of trees, limbs, stumps and construction debris
associated with the permitted activity; which shall be by some
method other than open burning. The Zoning Compliance Permit
shall expressly prohibit open burning of trees, limbs, stumps and
construction debris associated with the permitted activity.
Section 12. ZONING ORDINANCE. Amend Article 22 DEFINITIONS by creating a
new definition to read as follows:
OPEN BURNING OF TREES, LIMBS, STUMPS AND CONSTRUCTION
DEBRIS ASSOCIATED WITH THE PERMITTED ACTIVITY --shall be
defined to be the disposal of limbs, stumps and construction debris
associated with the permitted activity by means of outdoor fires.
Section 13. That this ordinance be placed in the file of published ordinances.
Section 14. This ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED 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 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 the said Board.
WITNESS my hand and the seal of said County, this day of
2003.
Recommended Ordinance
SEAL
Clerk to the Board of Commissioners
Ordinance to Planning Board ']
An Ordinance Amending the Soil Erosion and
Sedimentation Control Ordinance
Be it ordained by the Board of County Commissioners of Orange County That the
Orange County Soil Erosion and Sedimentation Control Ordinance is hereby
amended as follows:
Bold =Proposed Language
Section 1. Amend Section 6 General Requirements for Areas Other Than
University Lake Watershed to add new language as follows:
A. Protection of Property - Persons(s) conducting land-disturbing
activities shall take all reasonable measures to protect all public
and private property from damage by such activities. The
disposal of trees, limbs, stumps and construction debris
associated with the activities shall be by some method
other than open burning. This requirement shall apply to any
areas to be disturbed, regardless of the size of the area to be
uncovered.
B. Erosion Control Plan Requirements - Prior to the commence-
ment of any land-disturbing activity that wiNl result in the
uncovering of more than 20,000 square feet of land, the
person(s) conducting the land-disturbing activity must prepare
and submit an Erosion Control Plan for the proposed site. The
Plan shall specify the method of disposal of trees, limbs,
stumps and construction debris associated with the
activity; which shall be by some method other than open
burning. The Plan must be approved and a Grading Permit
obtained prior to the start of the disturbance.
Section 2. Amend Section 6.1 General Requirements for University Lake
Watershed to add new language as follows:
A. Plan Requirements -Except as otherwise provided in
subsection B., an erosion and sedimentation control plan shall
be prepared and filed with and approved by the Erosion Control
Division prior to the commencement of any land-disturbing
activity with the University Lake Watershed. The Plan shall
specify the method of disposal of trees, limbs, stumps and
construction debris associated with the activity; which
shall be by some method other than open burning.
B. Plan Waiver...The Erosion Control Officer shall issue the Plan
Waiver Form if he finds that:
3. The proposed land-disturbing activity will not:
e. involve open burning of trees, limbs, stumps and
construction debris associated with the permitted
activity.
Ordinance to Planning Board $
Section 3. Amend Section 7 Basic Control Objectives to read as follows:
An Erosion and Sedimentation Control Plan may be disapproved
pursuant to Section 18 of this ordinance if the plan fails to address
the following control objectives:
H. Open Burning -The plan should specify the method of
disposal of trees, limbs, stumps and construction debris
associated with the activity; which shall be by some
method other than open burning.
Section 4. Amend Section 17 Permits by adding new language as follows:
A. When Required
No person shall undertake any land-disturbing activity which
would require the uncovering of 20,000 square feet or more of
land without first obtaining the required approvals and permits
from the Erosion Control Officer. Permit Application forms must
be signed by the landowner or his authorized agent. The agent
signing must have a signed letter of authorization from the
owner. Every permit issued by the Erosion Control Officer
shall expressly prohibit open burning of trees, limbs,
stumps and construction debris associated with the
permitted activity.
B. Grading Permits
Before starting aland-disturbing activity greater than 20,000
square feet, the owner or his agent shall obtain a Grading
Permit from the Erosion Control Officer. Erosion Control Plans
must be approved before the Grading Permit will be issued.
Grading permits may be obtained when the Plan is approved or
prior to the start of the land disturbances. Every Grading
Permit issued shall expressly prohibit open burning of
trees, limbs, stumps and construction debris associated
with the permitted activity.
Section 5. Amend Section 3 Definitions to create a new definition as follows:
OPEN BURNING OF TREES, LIMBS, STUMPS AND
CONSTRUCTION DEBRIS ASSOCIATED WITH THE PERMITTED
ACTIVITY -shall be defined to be the disposal of limbs, stumps and
construction debris associated with the permitted activity by means
of outdoor fires.
Section 6. That this ordinance be placed in the file of published ordinances.
Ordinance to Planning Board
Section 7. This ordinance is effective upon adoption.
NOW THEREFORE BE IT ORDAINED by the Board of Orange County
Commissioners that this ordinance entitled "An Ordinance Amending the Soil
Erosion and Sedimentation Control Ordinance Orange County" be adopted.
Upon motion of Commissioner
seconded by
Commissioner ,the foregoing ordinance was adopted this
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
9
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 the said
Board.
WITNESS my hand and the seal of said County, this . day of
2003.
SEAL
Clerk to the Board of Commissioners
10
MINUTES
ORANGE COUNTY PLANNING BOARD
AucvsT 6, 2003
REGULAR MEETING: C:30-9:30 P.M.
MEMBERS PRESENT: Jay Bryan, Chapel Hill at Lazge; Nicole Gooding-Ray, Chapel Hill at
Lazge; Craufurd Goodwin, Hillsborough Representative; Dr. Barry Katz, Chapel Hill at Large;
Sam Lasris, Chapel Hill at Lazge; Howazd McAdams, Cheeks Representative; Renee Price,
Chapel Hill at Lazge; Hunter Schofield, Cedar Grove Representative; Theodore Triebel, Little
River Representative
MEMBERS ABSENT: Noah Ranells, Bingham at Large; Maria Tadd, Bingham Representative;
STAFF PRESENT: Craig Benedict, Orange County Planning Director; Tom Altieri,
Comprehensive Planning Supervisor, David Lentzer, Planner II; Eddie Kirk, Planner II; Karen
Lincoln, Transportation Planner; Dianne Reid, Economic Development Director
OTHERS PRESENT: Bill Bird (Developer), Forest Evans (sales for BB Walker), Steve Yuhasz
(Surveyor)
AGENDA ITEM #1: CALL TO ORDER AND ROLL CALL
Chair Gooding-Ray called the meeting to order.
AGENDA ITEM #2: INFORMATIONAL ITEMS
a. September, 2003 Calendar
^ August 11, 2003 Boazd of Adjustment regarding a 150-foot AT&T Tower
in the Bingham Township
^ August 19, 2003 Work Session for the August 25 meeting at 5:30 P.M. in
the Government Services Center
^ August 25, 2003 Joint Meeting of the County Commissioners
b. Board of Adjustment Agenda Cover Sheet -August 11, 2003
AGENDA ITEM #3: CONSIDERATION OF ADDITIONS TO AGENDA
Craig Benedict asked to switch items 11 and 12 azound on the agenda.
Chair Gooding-Ray agreed.
AGENDA ITEM #4: APPROVAL OF MINUTES
May 7, 2003 - Regulaz Meeting
MOTION was made by Barry Katz to accept the minutes with minor changes. Jay Bryan
seconded motion.
VOTE: Unanimous
11
Chair Gooding-Ray asked if the open space was continuous between the two phases. Benedict
pointed out where the open space would be.
Chair Gooding-Ray asked if there would be room for a trail to go between the two places.
Forest Evans responded yes.
Ted Triebel asked if the increase in the lot size would anticipate the size of the houses to be 2, 3
and 4 bedrooms.
Forest Evans stated there would be no 2 bedrooms, just 3 and 4 bedrooms.
Ted Triebel expressed concern about the SoillSite Evaluation (033). The design flow was 360
gpd, which is fora 3 bedroom.
Forest Evans stated that they only build spec houses using 4 or 5 different plans. The houses are
3 bedrooms with the option to add another bedroom if the lot would re-perk. He assumed the
Homeowner's Association would want to develop the open space to trails and/or playgrounds.
Ted Triebel referred to page 029, paragraph 3, the 3,000 feet of perennial stream corridor. Was
that the stream on the map?
Forest Evans replied yes, and it has a buffer along the whole stream and the open space.
Ted Triebel asked what the buffer was.
Forest Evans replied the buffer was 85 feet on both sides of the stream.
Craufurd Goodwin asked if the developer could name the roads since they were public roads.
Eddie Kirk replied that the developer could propose names for them and as long as they are
approved through Land Records.
MOTION made by Barry Katz to approve the plan. Seconded by Craufurd Goodwin.
VOTE: Unanimous
AGENDA ITEM #9: ITEMS HEARD AT MAY 27, 2003 PUBLIC HEARING
i. Open burning
Presenter: Craig Benedict:
Craig Benedict stated that the State has given Orange County an opportunity to have open
burning regulations as part of their zoning and subdivision regulations. The restrictions only
apply when someone asks for a new subdivision or development. This would be part of the 13
conditions of a subdivision.
8
12
PURPOSE: To make a recommendation to the Board of County Commissioners concerning the
proposed Development Open Burning Restrictions to the Zoning Ordinance, Subdivision
Regulations.
BACKGROUND:
The Public Hearing for this item was held on May 27, 2003. These amendments, if approved,
will require a management plan that addresses handling debris by a manner other than open
burning. The enforcement mechanism in these amendments is a staff review of a construction or
development application that is filed along with a request for a zoning or subdivision approval.
The open burning management plan will become a check off item in the review process, like
other normal details (welUseptic, setbacks, driveways, etc.).
In July of 2000 Orange County was authorized by the General Assembly, within the planning
jurisdiction of the County (except in Carr and Cheeks precincts in the unincorporated area of the
County), to regulate and prohibit the open burning of trees, limbs, stumps and construction
debris associated with development activity. In September of 2002 the General Assembly
expanded this regulatory authority to include Carr and Cheeks townships. Agricultural,
horticultural, and silvicultural activities, which are exempt by law from the requirements of
County permitting for subdivision, clearing, and development of land or construction of
buildings within the planning jurisdiction of the County, are not subject to the County's authority
to regulate open burning. Under this new regulatory power, Orange County can, after it amends
its planning regulations, regulate and prohibit the open burning of trees, limbs, stumps and other
construction debris associated with development and building activity.
Pursuant to the Joint Planning Agreement, the permitting of development in the Joint Planning
Area is performed by the County in the Rural Buffer, by the Town of Chapel Hill in the Chapel
Hill portion of the Transition Area and by Carrboro in the Carrboro portion of the Transition
Area. Burning prohibition regulations in the town ordinances will, in effect, exercise the
County's prohibition authority in the Transition Areas via the Joint Planning Agreement.
Chapel Hill and Carrboro were notified of these amendments prior to the public hearing through
the normal agenda distribution of the public hearing meeting packet. Both jurisdictions are on
the mail out list for the Planning Board agenda also.
PROCESS:
Public Hearing held on May 27, 2003
Ordinance Review Committee recommendation August 6, 2003
Planning Board Recommendation August 6, 2003
BOCC to make decision no sooner than August 19, 2003
FINANCIAL IMPACT: There are no public fiscal impacts associated with these decision
amendments.
MOTION was made by Jay Bryan to accept the amendment to the Orange County Zoning
Ordinance and Subdivision Regulations regarding open burning. Barry Katz seconded this
motion.
13
VOTE: All ayes.
9. ii. Amendment in open space Standards for Flexible Subdivision Developments
Presenter: David Lentzer
PURPOSE: To consider a recommendation to the Board of County Commissioners on a
proposed amendment to the open space Standards in Subdivisions following the Flexible
Development option.
BACKGROUND: Flexible Development, Section IV-B-10 of the Subdivision Regulations, was
adopted on July 1, 1996. Section C of the code requires that Flexible Subdivisions set aside at
least 33% of the total land area as protected open space. The current open space standards apply
required compositional elements for Primary and Secondary Conservation Areas, and some
guidelines for open space shape design.
The proposed amendment is designed to improve the layout of open space under these
regulations by making it more accessible to the public (i.e. subdivision property owners or, in
some cases; the general public) for view or use. This was in response to concerns that new
subdivisions were not maintaining the county's rural character because they were creating large
blocks of more urban-style residential lots unbroken by natural areas and lacking open space
connectivity.
The initial amendment was brought forth at the May 27, 2003 Public Hearing and comments
were received from the Board of County Commissioners and the Planning Board. The following
changes have been made in the ordinance amendment text in response to those comments:
1. The classification of `Pedestrian Access Paths' in Section C.3.c `Secondary Conservation
Areas' has been changed in name to `Pedestrian Access Ways'. l:t has been explicitly stated
in the text that this designation does not require the construction of an improved path, but
must only be: a) 50 feet wide b) in common ownership c) undeveloped except for
recreational amenities and d) reasonably traversable by foot. The determination of when
pedestrian improvements should be required in an access way is left to a case-by-case
analysis of the overall open space goals of the proposed subdivision and recommended by the
Planning Board.
2. An additional functional open space goal, `The Maintenance of Wildlife Corridors and
Habitat', has been added in Section C.2 `Planning for Open Space'.
3. The ordinance language has been edited throughout the amendment for improved readability
and brevity.
4. The language was changed in Section C.4 `Access to Open Space' to more clearly allow the
ability to limit general public encroachment into Flexible Subdivision open space. The
amendment still suggests that open space will `ideally' be available for the use of subdivision
residents and/or the general public. It is now stated that this access may not be reasonable in
all cases. As with the more flexible determination of access way' improvements, public
access into open space is now considered acase-by-case decision based on the overall goals
of the subdivision's open space plan.
10
14
APPROVED 08/19/2003 MINUTES
ORANGE COUNTY BOARD OF COMMISSIONERS
AND
ORANGE COUNTY PLANNING BOARD
JOINT PUBLIC HEARING AGENDA
May 27, 2003
The Orange County Board of Commissioners and the Orange County Planning Board met in
joint session for a public hearing on Tuesday, May 27, 2003 at 7:00 p.m. in the F. Gordon
Battle Courtroom in Hillsborough, North Carolina.
COUNTY COMMISSIONERS PRESENT: Chair Margaret W. Brown, Alice M. Gordon,
Stephen H. Halkiotis and Barry Jacobs
COUNTY COMMISSIONERS ABSENT: Moses Carey, Jr.
COUNTY ATTORNEY PRESENT: Geoffrey Gledhill and S. Sean Borhanian
COUNTY STAFF PRESENT: County Manager John M. Link, Jr., Assistant County
Managers Rod Visser and Gwen Harvey and Clerk to the Board Donna S. Baker (All other
staff members will be identified appropriately below)
PLANNING BOARD MEMBERS PRESENT: Vice-Chair Hunter Schofield and
members Crauford Goodwin, Barry Katz, Sam Lasris, Renee Price, Noah Ranells, and
Ted Triebel
PLANNING BOARD MEMBERS ABSENT: Chair Nicole Gooding-Ray and members
Jay Bryan, Howard McAdams, Rachel Preston, and Maria Tadd
NOTE: ALL DOCUMENTS REFERRED TO IN THESE MINUTES ARE IN THE
PERMANENT AGENDA FILE IN THE
A. 1. OPENING REMARKS FROM THE CHAIR
Chair Brown said that Commissioner Carey could not be in attendance. She stated
the reasons for the public hearing. There are two school items and three planning items.
A. 2. PUBLIC CHARGE
The Chair dispensed with the reading of the public charge.
B. SCHOOLS ITEM
1. Proposed Third High School In The Chapel Hill-Carrboro Schools
System
John Link gave a summary of the major elements of the process that they have gone
through in looking at providing high school space for the Chapel Hill-Carrboro City School
system (CHCCS). In spring of 2001, the Capital Needs Task Force made recommendations
to the Board of County Commissioners that there was a need for two elementary schools in
the CHCCS. One school is being built at Meadowmont and the other one is Elementary
School #10. Since that time and since the voters approved the bonds in 2001, the CHCCS
board has identified alternatives for high school space. The school board is proposing the
site at Rock Haven Road. Because the voters did vote on funding for elementary schools
with the bonds, then this public hearing is to hear comments on transferring the $12.8 million
from Elementary School #10 to High School #3. He said that the County staff looks at it as
15
to take her child to school. She agrees that kids should be traveling to schools by foot or
bike or public transportation and this is not available with the Eubanks Road site. She
expressed appreciation to the school board and administration for the way in which they
have involved the community in this decision.
Commissioner Gordon entered into the record a letter from Chapel Hill High School
Governance Committee, which urges the Board of Commissioners to support the Rock
Haven Road site as proposed by the CHCCS Board.
C. PUBLIC HEARING ITEMS -Chaired By Planning Board Vice Chair Hunter
Schofield
1. Orange County Zoning Ordinance Text Amendments
a. Amend Articles 8, 12, 14, 21, 22, and Table of Contents and
other related articles to define and regulate the open burning
of trees, limbs, stumps and construction debris associated
with permitted activity.
Planning Director Craig Benedict made this presentation. The first item has to do with
enabling legislation to be able to restrict open burning when it has to do with
development activity. Types of development that could be regulated include major and
minor subdivisions, zoning compliance for building permits, and land disturbing activities
requiring Erosion Control approvals. Development not regulated includes activities
relating to bona fide farms, approved forestry management plans, and burning of
domestically produced yard debris by private homeowners/tenants.
Commissioner Jacobs asked County Attorney Geof Gledhill about the definition of bona
fide farm and if it was the same definition that the State uses or if there was some
leeway. Geof Gledhill said that the enabling legislation has a definition for bona fide
farms. The special legislation that Orange County received to allow it to regulate open
burning in the permitting of developments includes things that are not in the definition of
bona fide farms such as horticulture and silviculture. Counties do not have the flexibility
to redefine the terms.
Commissioner Jacobs asked about the way in which the references to the burning and
the disposition of construction debris are mentioned. He asked why we would not
mention that there is a recyclable materials recovery ordinance each time we mention
construction debris, because it regulates how the debris is supposed to be disposed of.
Craig Benedict said that he would work with Geof Gledhill to see if it can be
incorporated. He said that this is for land use and not solid waste and he will try and
cross-reference this.
Chair Brown said that she is unclear about bona fide farms and if it has anything to do
with the tax valuation of property and Geof Gledhill said no. He said that the definition of
use value taxation where the use value is based on farm is not the same definition as
bona fide farm and the prohibition against counties regulating through zoning regulations
bona fide farms. There will be some farms qualified under each and they are only
coincidentally related to each other.
16
A motion was made by Commissioner Jacobs, seconded by Commissioner Halkiotis
to refer the proposed amendments to the Planning Board for a recommendation to be
returned to the BOCC no sooner than August 19, 2003.
VOTE: UNANIMOUS
2. Orange County Subdivision Regulations Text Amendments
a. Amend Sections II, IV and other related sections to define and
regulate the open burning of trees, limbs, stumps and
construction debris associated with the development of
subdivisions.
This item was addressed above.
b. Amend Section IV-B-10. Flexible Development -Section C,
Open Space Standards to require that at least 75% of
residential lots in a proposed development be contiguous on
one or more sides to the system of open space.
Craig Benedict said that this is a requested amendment to the subdivision requirements
related to flexible development. Presently, the requirement for open space is 33% if the
flexible development option is used. The proposed amendment is an effort to explain more
about the functionality of the open space and the characteristics of it. He gave some
examples of subdivisions in the County and the configuration of the open space. The
intention is not to reduce the amount of lots, but to increase the accessibility of the open
space.
Commissioner Gordon asked about the 50-foot easement. Craig Benedict said that this
would just be open space and a 50-foot corridor would make the open space accessible
and would not encroach upon the adjacent properties.
Commissioner Gordon asked how big the path would be. Craig Benedict said that this is
not a requirement for a path to be put in. Commissioner Gordon pointed out that the
language says "pedestrian access paths". Craig Benedict said that this language could be
changed. The subdivision applicant will decide, with direction, what the 50-foot area should
look like.
Commissioner Jacobs asked about the side yard setbacks and Craig Benedict said 20 feet.
Commissioner Jacobs said that this is an improvement to the open space provisions. He
~,
suggested on page 11 - C2 -Open Space Functionality, maintenance of wildlife habitat.
He also suggested putting some of the language in more understandable terms for the
public.
Hunter Schofield said that some high-density developments such as affordable housing
might come into conflict with these amendments. He said that we might need to look at
how we use our open space standards to help or hinder some other County priorities.
Renee Price asked about the setback requirements and open space and the impact it
would have on lower and moderate-income housing.
th Carolina General Assembly - ~ H 1 /btS vc ~ tlvu~~, tsii.L i iuo
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 1999
SESSION LAW 2000-107
HOUSE BILL 1768
AN P.CT MAKING OMNIBUS CHANGES TO CERTAIN GENERAL AND LOCAL LAWS
AFFECTING CARTERET, ORANGE, AND PENDER COUNTIES.
The General Assembly of North Carolina enacts:
PART I. CARTERET, ORANGE, 'AND PENDER COUNTIES ADDED TO THOSE
COUNTIES USING ATTACHI~NT AND GARNISHMENT IN THE
COLLECTION OF ALrIDULANCE SERVICE FEES
Section 1. G.S. 44-51.8 reads as rewritten:
"§ 44-51.8. Counties to which Article
applies.
The provisions of this Article shall apply only to Alamance,
?~lexander, Alleghany, Anson, Ashe, Beaufort, Bladen, Brunswick,
Bundombe, Burke, Cabarrus, Caldwell, Carteret, Caswell,
~atawba, Chatham, Cherokee, Chowan, Cleveland, Columbus, Craven,
Cumberland, Dare, Davidson, Davie, Duplin, Durham, Edgecombe,
Forsyth, Franklin, Gaston, Graham, Granville, Greene, Guilford,
Elalifax, Harnett, Haywood, Henderson, Hertford, Hoke, Hyde,
Iredell, Johnston, Jones, Lee, Lenoir, Lincoln, McDowell, Macon,
Kadison, Mecklenburg, Mitchell, Montgomery, Moore, Nash, New
:ianover, Onslow, Orange, Pasquotank, Pender,
Person, Pitt, Polk, Randolph, Richmond, Robeson, Rockingham,
rowan, Rutherford, Sampson, Scotland, Stanly, Stokes, Surry,
Swain, Transylvania, Tyrrell, Union, Vance, Wake, Warren,
i~ashington, Watauga, Wilkes, Wilson, Yadkin and Yancey Counties."
PART II. REGULATION OF OPEN BURNING
Section 2. G.S. 153A-136 reads as rewritten:
"§ 153A-136. Regulation of solid wastes.
(a) A county may by ordinance regulate the storage,
collection, transportation, use, disposal, and other disposition
~f solid wastes. Such an ordinance may:
(1) Regulate the activities of persons, firms, and
corporations, both public and private.
(2) Require each person wishing to commercially collect
or dispose of solid wastes to secure a license from the
county and prohibit any person from commercially collecting
or disposing of solid wastes without a license. A fee may be
charged for a license.
(3) Grant a franchise to one or more persons for the
exclusive right to commercially collect or dispose of solid
wastes within all or a defined portion of the county and
prohibit any other person from commercially collecting or
disposing of solid wastes in that area. The board of
commissioners may set the terms of any franchise, except
that no franchise may be granted for a period exceeding 30
years, nor may any franchise by its terms impair the
authority of the board of commissioners to regulate fees as
authorized by this section.
(4) .Regulate the fees, if any, that may be charged by
licensed or franchised persons for collecting or disposing
of solid wastes.
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(5) Require the source separation of materials prior to
collection of solid waste for disposal.
(6) Require participation in a recycling program by
requiring separation of designated materials by the owner or 18
occupant of the property prior to disposal. An owner of
recovered materials as defined by G.S. 130A-290(a)(24)
retains ownership of the recovered materials until the owner
conveys, sells, donates, or otherwise transfers the
recovered materials to a person, firm, company, corporation,
or unit of local government. A county may not require an
owner to convey, sell, donate, or of erwise trans~er
e ials to the county or its designee. If an .
owner places recovere ma eria s in receptacles or delivers
recovered materials to specific locations, receptacles, and
facilities that are owned or operated by the county or its
designee, then ownership of these materials is transferred
to the county or its designee.
(7) Include any other proper matter.
(b) Any ordinance adopted pursuant to this section shall be
consistent with and supplementary to any rules adopted by the
Commission for Health Services or the Department of Environment
and Natural Resources.
(c) The board of commissioners of a county shall consider
alternative sites and socioeconomic and demographic data and
shall hold a public hearing prior to selecting or approving a
site for a new sanitary landfill that receives residential solid
waste that is located within one mile of an existing sanitary
landfill within the State. The distance between an existing and a
proposed site shall be determined by measurement between the
closest points on the outer boundary of each site. The
definitions set out in G.S. 130A-290 apply to this subsection. As
used in this subsection:
(1) "Approving a site" refers to prior approval of a
site under G.S. 130A-294(a)(4).
(2) "Existing sanitary landfill" means a sanitary
landfill that is in operation or that has been in operation
within the five-year period immediately prior to the date on
which an application for a permit is submitted.
(3) "New sanitary landfill" means a sanitary landfill
that includes areas not within the legal description of an
existing sanitary landfill as set out in the permit for the
existing sanitary landfill.
(4) "Socioeconomic and demographic data" means the most
recent socioeconomic and demographic data compiled by the
United States Bureau of the Census and any additional
socioeconomic and demographic data submitted at the public
hearing.
(d) As used in this section, "solid waste" means nonhazardous
solid waste, that is, solid waste as defined in G.S. 13GA-290 but
lot including hazardous waste.
(e) A county may, as a condition of approval of any permit
`or a subdivision, clearing, and development of land or
:onstruction of buildings within the planning jurisdiction of the
:ounty, regulate and prohibit the open burning of trees, limbs,
Mumps, and construction debris associated with the permitted
activity. Agricultural, horticultural, and silvacultural
activities which are exempt by law from requirements of a
:ourty permit for subdivision, clearing, and development of land
~r construction of buildings within the planning jurisdiction of
:he county are not made subject to such permitting by this
subsection."
'ART III. APPLICABILITY AND EFE'ECTIVE DATE
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Section 3. Section 1 of this act applies to Carteret,
Orange, and Pender Counties only. Section 2 of this act applies
to Orange County only, except that it does not apply to Carr and 19
Cheeks Precincts.
Section 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified
this the 12th day of July, 2000.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ James B. Black
Speaker of the House of Representatives
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GENERAL ASSEirIDLY OF NORTH CAROLINA•
SESSION 2001
SESSION LAW 2002-117
SENATE BILL 662
AN ACT AMENDING AN ACT AUTHORIZING ORANGE COUNTY TO REGULATE
OPEN BURNING.
The General Assembly of North Carolina enacts:
SECTION 1.
rewritten:
"Section 3. Sec
Orange, and Pender
to Orange County a
sa~~ ..a .-~.,....,... nY.
SECTION 2.
Section 3 of S.L. 2000-107 reads as
lion 1 of this act applies to Carteret,
Counties only. Section 2 of this act applies
~~T,--sir-~~a~ ~~ less ~e~ akzP~~a
-----,.~.~ on~,~.
This act is effective when it becomes
law.
In the General Assembly read three times- and ratified
this the 17th day of September, 2002.
s/ Marc Basnight
President Pro Tempore of the
Senate
s/ James B. Black
Speaker of the House of
representatives
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