Agenda - 12-14-2010 - 7d - Laserfiche WebLink

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ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 14, 2010 Action Age ~a Item No. Sug~ECT_ Permit Extension Act of 2009 DEPARTMENT: Planning and Inspections, PUBLIC HEARING: (YIN) No Health Department ATTACHMENT(S): INFORMATION CONTACT: 1. Example Permit Extension Chart 2. Session Law 2009-406 3. Session Law 2010-177 4. Board of Health Memorandum Michael D. Harvey, Planner III, 245-2597 Craig Benedict, Planning Director, 245-2575 Rosemary Summers, Health Director, 245-2412 PURPOSE: To receive the Planning Board and Board of Health recommendations on whether the County should formally opt out of provisions of the Permit Extension Act of 2009. BACKGROUND: In 2009 the North Carolina General Assembly adopted Session Law 200906 (Attachment 2), which is also referred to as the Permit Extension Act of 2009 (hereafter 'the Act'). The Act temporarily suspends local land use regulations that rescind previously issued development approval(s) due to inactivity, or failure by the applicant to obtain the necessary permits allowing for the commencement of land disturbing activities, within established local time limits. The Act covers `any development approval' valid from January 1, 2008 through December 31, 2010. For example, the County's Subdivision regulations allow an applicant seeking to develop a Minor Subdivision one (1) year from the approval of a Concept Plan to complete and submit the Final Plat application package. If the document(s) are not submitted within the established timeframe, the Concept Plan approval is rescinded. As a result of the Act, a Minor Subdivision Concept Plan approved in February of 2008 has until December 31, 2011 to submit a complete Final Plat application for review (please refer to Attachment 1 for further detail). The County's timeline relating to the lifespan of an approval is not assessed until the Act expires. Session Law 2010-177 (Attachment 3) modifies the Act in the following manner: • The `temporary suspension' of local regulations governing development approval expiration was extended through December 31, 2011. The practical result of this amendment is that the same minor subdivision project referenced herein now has until December 31, 2012 to submit the Final Plat application once the County's one-year deadline is applied as per the Ordinance. • New language was added allowing for local governments to `opt out' of the provisions of the Act and continue enforcing local established deadlines governing the lifespan of development approvals.