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1 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: September 5, 2013 <br />Action Agenda <br />Item No. 5 -s <br />SUBJECT: Consent to Chapel Hill to Proceed with Chapel Hill Extraterritorial Jurisdiction <br />(ETJ) Expansion Process <br />DEPARTMENT: Manager, Attorney, Planning PUBLIC HEARING: (Y /N) No <br />and Inspections <br />ATTACHMENT(S): INFORMATION CONTACT: <br />1. Original Letters from and to Chapel Hill Frank W. Clifton, Jr., County Manager, <br />Town Manager Roger Stancil 919 - 245 -2300 <br />2. August 26, 2013 Letter of Request from James Bryan, Staff Attorney, <br />Deputy Town Manager Florentine Miller 919 - 245 -2319 <br />Regarding Consent to Proceed Craig Benedict, Planning Director, <br />3. Proposed ETJ Boundary Map 919 - 245 -2592 <br />4. Proposed Letter from Frank W. Clifton <br />Regarding Consent <br />PURPOSE: To offer consent of the request from the Town of Chapel Hill for the Town to begin <br />the process to expand its extraterritorial jurisdiction (ETJ). <br />BACKGROUND: Over the last few years, Chapel Hill, Orange County and Carrboro have <br />made concerted efforts to comprehensively plan for existing and future development in the <br />Rogers Road area. This general area is within the 1987 `Joint Planning Agreement (JPA)' area <br />of the aforementioned local governments to assist in a long range planning program. <br />Recent area Historic Rogers Road task force discussion, related to the area, accents the <br />interest in public sewer system for the area. Chapel Hill's coordinated investment in this area <br />using potential community development grants could be accomplished by a change in planning <br />jurisdiction from its present state of being part of the JPA (with county `ceded' planning <br />authority to Chapel Hill) to a more conventional Chapel Hill ETJ pursuant to Article 19 and <br />160A -360 NCGS. <br />"When a city adopts an extraterritorial boundary ordinance, the city acquires <br />jurisdiction for all of its ordinances adopted under Article 19 of Chapter 160A of the <br />General Statues and the county loses its jurisdiction for the same range of <br />ordinances. This includes not only zoning and subdivision ordinances, but also <br />housing and building codes and regulations on historic districts and historic <br />landmarks, open spaces, community development, erosion and sedimentation <br />control, floodways, mountain ridges, and roadway corridors." <br />(Excerpt from Extraterritorial Zoning Authority, David W. Owens, Professor, IOG, <br />UNC -CH, March 2006) <br />