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farming operations are not land uses that can be regulated. He said that development activities could <br />afford the additional expense that it would take to have a no burning requirement, whereas agricultural <br />activities presumably could not. He said that the best approach would be to deal with it in the <br />regulation of land use in both subdivision regulations and the zoning ordinance. <br />Commissioner Halkiotis said that, as long as he has been on this Board, he could not recall <br />one instance where citizens have complained about members of the agricultural community clearing <br />land and burning debris. He does recall that citizens have come complaining about people developing <br />huge subdivisions, setting up burn piles with plastic bottles and tires and aluminum cans, and burning <br />poison ivy, which affected young children. Most recently, a big subdivision proposal in central Orange <br />came in and the state had to shut down a burn operation that contained debris that was moved from <br />this subdivision. All of the issues are coming from subdivisions and not legitimate agriculturally based <br />endeavors. <br />Commissioner Carey feels that the Board should take heed to the County Attorney's <br />recommendation. <br />Commissioner Gordon would like to explore the idea of regulating within the subdivision <br />regulations and the zoning ordinance. She said that it would not apply to the exempt 10-acre <br />subdivision. She asked how it would be done in the subdivision regulations and the zoning ordinance. <br />Geoffrey Gledhill said that it could be a condition of any land use permit that there be no <br />open burning of land associated with the land use activity that would be permitted. <br />Chair Jacobs said that addressing this through the development process is the best route. <br />Public Comment <br />Bob Nutter, a dairy farmer in Orange County, emphasized that it is not the farmers in Orange <br />County who are polluting the air. <br />Reese Martin, a clearing contractor, spoke about the problem of burning by the developer <br />versus the farmer. He works for the agricultural community and developers. He is an advocate of pit <br />burning. We are going to continue to have development in Orange County and we need to come up <br />with a solution to address this problem. Regarding clearing contractors, he asked what they would be <br />allowed to do. He asked if they would be able to burn using a pit burner. He said that he wants to be <br />able to dispose of this waste in the least costly way that causes the least possible impact on the <br />environment. The County does not have a waste facility in northern Orange County to handle this <br />waste and come up with methods of recycling and mulching. He asked if the County would be <br />interested in this type of facility to handle the waste. <br />Joe Phelps said that he agreed with what Mr. Martin said about pit burning. He feels that <br />this would reduce the nuisance to the neighbors. He asked about land that has been or will be <br />timbered. He feels that burning of the brush that is left after land is timbered should be allowed. He <br />thinks that if you manage pit burning and it is regulated that everyone can live with it. <br />A motion was made by Commissioner Carey, seconded by Chair Jacobs to direct staff to <br />come back to our May 23~d quarterly public hearing with the steps necessary to incorporate into the <br />subdivision regulations and the zoning ordinance regulations for the open burning of waste produced <br />during the development process. <br />Commissioner Halkiotis said that he would be interested in having an invitation extended to <br />him by Mr. Martin to see how the pit burner works. He feels that the County should not get into the <br />private sector business of taking care of 75 acres of land per year. This is not feasible. <br />Commissioner Carey agrees that the County should not get into the business and compete <br />with the private sector in handling this type of waste. <br />Commissioner Gordon thanked the staff for the comprehensive analysis and clarified that <br />the motion is to follow the attorney's recommendation. <br />VOTE: UNANIMOUS <br />b. Mill Creek II Subdivision (Section 1) Preliminary Plan <br />The Board considered a preliminary plan for the proposed Mill Creek II subdivision, section <br />