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0440 - e -� <br />to take her child to school. She agrees that kids should be traveling to schools by foot or <br />bike or public transportation and this is not available with the Eubanks Road site. She <br />expressed appreciation to the school board and administration for the way in which they <br />have involved the community in this decision. <br />Commissioner Gordon entered into the record a letter from Chapel Hill High School <br />Governance Committee, which urges the Board of Commissioners to support the Rock <br />Haven Road site as proposed by the CHCCS Board. <br />C. RUBLIC HEARING ITEMS Chaired By Planning Board Vice Chair Hunter <br />Schofield <br />1. Orange County Zoning Ordinance Text Amendments <br />a. Amend Articles 8, 12, 14, 21, 22, and Table of Contents and <br />other related articles to define and regulate the open burning <br />of trees,,, limbs, stumps and construction debris associated <br />with permitted activity. <br />Planning Director Craig Benedict made this presentation. The first item has to do with <br />enabling legislation to be able to restrict open burning when it has to do with <br />development activity. Types of development that could be regulated include major and <br />minor subdivisions, zoning compliance for building permits, and land disturbing activities <br />requiring Erosion Control approvals. Development not regulated includes activities <br />relating to bona fide farms, approved forestry management plans, and burning of <br />domestically produced yard debris by private homeowners /tenants. <br />Commissioner Jacobs asked County Attorney Goof Gledhill about the definition of bona <br />fide farm and if it was the same definition that the State uses or if there was some <br />leeway. Goof Gledhill said that the enabling legislation has a definition for bona fide <br />farms. The special legislation that Orange County received to allow it to regulate open <br />burning in the permitting of developments includes things that are not in the definition of <br />bona fide farms such as horticulture and silviculture. Counties do not have the flexibility <br />to redefine the terms. <br />Commissioner Jacobs asked about the way in which the references to the burning and <br />the disposition of construction debris are mentioned. He asked why we would not <br />mention that there is a recyclable materials recovery ordinance each time we mention <br />construction debris, because it regulates how the debris is supposed to be disposed' of. <br />Craig Benedict said that he would work with Goof Gledhill to see if it can be <br />incorporated. He said that this is for land use and not solid waste and he will try and <br />cross - reference this. <br />Chair Brown said that she is unclear about bona fide farms and if it has anything to do <br />with the tax valuation of property and Goof Gledhill said no. He said that the definition of <br />use value taxation where the use value is based on farm is not the same definition as <br />bona fide farm and the prohibition against counties regulating through zoning regulations <br />bona fide farms.. There will be some farms qualified under each and they are only <br />coincidentally related to each other. <br />