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Agenda - 12-01-2014 - 7a - Amended
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Agenda - 12-01-2014 - 7a - Amended
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6/8/2015 3:38:06 PM
Creation date
12/3/2014 2:51:05 PM
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BOCC
Date
12/1/2014
Meeting Type
Regular Meeting
Document Type
Agenda
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Minutes 12-01-2014
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\Board of County Commissioners\Minutes - Approved\2010's\2014
RES-2014-084 Resolution of the Orange County Board of Commissioners Agreeing to an Extension of the Town of Chapel Hill's Extraterritorial Jurisdiction
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\Board of County Commissioners\Resolutions\2010-2019\2014
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45 <br />Attachment 4 <br />Planning staff has reviewed the ETJ request in accordance with the following checklist <br />and finds that the request is consistent with processing criteria. Footnotes at the bottom <br />of the checklist explain the applicability of the various sections and post Orange County <br />action activities. <br />To summarize, the remaining activities to complete after affirmative Orange County <br />action please note the following: <br />NCGS 160A- 360(a)l (also cross - referenced in 160A -362) <br />Chapel Hill is to accept a county representative to serve on Chapel Hill's Planning <br />Board and Board of Adjustment (or equivalent). This ensures a level of <br />representation for an area that is affected by municipal land regulations in the ETJ <br />area but remains unincorporated with only voting rights in the county. The process <br />for county appointment is specifically outlined in 160A -362 and should be <br />accomplished in approximately 90 days. The existing representation conditions of <br />the present JPA agreement will necessitate a reallocation apportionment from JPA <br />to ETJ for this 1000+ acre area. The specific population based representative <br />equivalency is under review by Chapel Hill and Orange County based on Chapel <br />Hill's knowledge of existing percentage assumptions. (See Attachment 4 map) <br />NCGS 160A- 360(b) <br />• Chapel Hill is to maintain new ETJ boundary per NCGS 160A -22 <br />• Chapel Hill is to record legal description in the Orange County office of Register <br />of Deeds <br />NCGS 160A- 360(c) <br />• The boundary line identified in the JPA as dividing Chapel Hill and Carrboro <br />planning areas will act as the interlocal agreement where ETJ may have <br />overlapped <br />NCGS 160A- 360(f) <br />• Chapel Hill intends to leave all present zoning in effect for the new ETJ areas. <br />Most ETJ expansions in the state would have county zoning but not in this case <br />because of the existing JPA agreement. <br />NCGS 160A- 360(i) <br />• Chapel Hill is to identify any subject projects in the area where vested rights had <br />occurred under the JPA regulations. <br />NCGS 160A- 360(k) <br />• Chapel Hill is to identify "Bona Fide farm purposes" per NCGS 53A -340 in which <br />the ETJ which will be exempt from certain aspects of municipal planning. <br />Page 1 <br />
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