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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: October 21, 2008 <br />~~ <br />Action Agenda <br />Item No. ~- - n <br />SUBJECT: Zoning Ordinance Amendment: Sections 6.20 and 6.20.1 to Address Approval <br />Requirements for County Projects Using Large Ground Absorption Systems <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) NO <br />ATTACHMENT(S): <br />1. Table of Contents <br />2. Proposed Ordinance Amendment <br />(Text Additions are in Underlined Text <br />and Deletions are in Strike-through <br />Text) <br />3. County Attorney Letter - Outlining <br />Issues Associated with the County <br />Issuing Itself an SUP and Relevant <br />Court Cases <br />4. JPA Review Comments from the <br />Towns of Carrboro and Chapel Hill <br />5. May 19, 2008 Quarterly Public Hearing <br />Minutes <br />6. Planning Board Minutes -July 9 arid <br />September 3, 2008 <br />INFORMATION CONTACT: <br />Craig Benedict 245-2592 <br />Michael D. Harvey 245-2607 <br />PURPOSE: To take action on a proposed amendment to Article Six (6) Application of <br />Dimensional Requirements, specifically Section 6.20 and 6.20.1 Large Ground Absorption <br />System (3,000 gallons per day) and Package Treatment Plants Prohibited in AR Districts <br />and Rural Buffer Districts of the Orange County Zoning Ordinance (hereafter `Ordinance'). <br />BACKGROUND: This item was heard at the May 19, 2008 Quarterly Public Hearing and <br />discussed at the July 9 and September 3, 2008 Planning Board meetings. The amendment <br />relates to the process Orange County projects are required to follow if proposing a large ground <br />absorption system. Originally all applicants were required to submit to a Special Use Permit <br />(SUP) process. However, the attorney's office notes case law preventing this review system for <br />County projects. Therefore, County projects with large ground absorption systems are <br />proposed to be permitted by right with the associated review process in Article 14 of the Zoning <br />Ordinance. <br />At the July 9, 2008 Planning Board meeting, the Board requested the following additional <br />information on this proposed amendment: <br />