ORD-2003-031 Development Open Burning Restrictions Zoning Subdivision Erosion Control

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ORANGE COUNTY BOARD OF COMMISSIONERS AND PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 27, 2003 001 Action Agenda Item No. L/ SUBJECT: Development Open Burning Restrictions (Zoning, Subdivision, Erosion Control) DEPARTMENT: Planning & Inspections ATTACHMENT(S): Proposed Amendments to the Zoning Regulations and Subdivision Ordinance Proposed Amendments to Soil Erosion and Sedimentation Control Ordinance PUBLIC HEARING: (YIN) Yes INFORMATION CONTACT: Craig Benedict, Director, Ext. 2592 Robert P. Davis, Planner III Ext 2580 TELEPHONE NUMBERS: Hillsborough 245 -2575 or 2585 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 336- 227 -2031 PURPOSE: To hear staff report and public comments concerning the proposed Development Open Burning Restrictions to the Zoning Ordinance, Subdivision Regulations and Soil Erosion and Sedimentation Control Ordinance. BACKGROUND: 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. Notification of these amendments to Chapel Hill and Carrboro will be through the normal agenda distribution of the meeting packet.