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Agenda - 09-06-2012 - 7b
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Agenda - 09-06-2012 - 7b
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Last modified
11/12/2012 9:16:05 AM
Creation date
9/17/2012 4:39:42 PM
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BOCC
Date
9/6/2012
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
7b
Document Relationships
RES-2012-076 Resolution Detailing Orange County's Recommendations Regarding Goals for Inclusion of 2013-2014 Legislative Goals Package
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\Board of County Commissioners\Resolutions\2010-2019\2012
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� r <br /> 42 <br /> ORANGE COUNTY <br /> ITEMS OF INTEREST <br /> Statute of Limitations for Challenging Zoning ordinances <br /> Session Law 2011-384 significantly amended the statute of <br /> limitations for challenging zoning ordinances by providing <br /> that actions challenging the validity of any zoning or <br /> unified development ordinance accrue "when the party <br /> bringing the action first has standing to challenge the <br /> ordinance..." - This amendment has the potential to leave <br /> lawfully adopted county ordinances open to challenge <br /> indefinitely. If an individual purchases a piece of <br /> property twenty years after the adoption of a zoning <br /> ordinance, pursuant to this amendment, that individual may <br /> challenge the validity of the zoning ordinance. Orange <br /> County believes a more appropriate statute of limitations <br /> would authorize the bringing of such an action within three <br /> years of the adoption of a zoning ordinance. <br /> Potentially Dangerous Dog Declarations - Appeals Timetable <br /> North Carolina General Statute 67-4. 1.0 states that an <br /> "appellate Board shall schedule a hearing within 10 days of <br /> the filing of objections" to a potentially dangerous dog <br /> declaration. The 10-day timetable to convene a hearing <br /> presents a significant challenge. Members of appeals <br /> bodies are community residents with many obligations and it <br /> is often a struggle to schedule meetings within the <br /> mandated 10-day timeframe. Orange County believes it would <br /> be a significant improvement to amend the statute to state <br /> "within 10 working days of the filing of objections". <br /> Solid Waste Management Plan Requirement <br /> North Carolina General Statute 130A-309. 09 (A) (b) requires <br /> units of local government to prepare 10-year solid waste <br /> management plans and update those plans every three years. <br /> A plan and any changes to it must often be approved by <br /> multiple units of government. One of the primary reasons <br /> for requiring 10-year plans was to measure remaining <br /> landfill space and ensure the future availability of <br /> landfill space. Other State rules now require an annual <br /> survey of all landfill facilities to calculate remaining <br /> space. Together with modern Geographical Information <br /> Systems, there is no need for the 10 year plan to duplicate <br /> this effort. Orange County believes the process for <br /> reporting solid waste operations should be simplified, be <br />
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