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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: May 19, 2008 <br />Action Agenda <br />Item No. C.4 <br />SUBJECT: AMENDMENT of Section 6.20 and 6.20.1 of the Orange County Zoning <br />Ordinance to clarify permitting requirements for large ground absorption <br />disposal systems <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes <br />ATTACHMENT(S): <br />1. Ordinance Amendment <br />INFORMATION CONTACT: <br />Name, Phone Number <br />Craig Benedict 245-2592 <br />Michael D. Harvey 245-2607 <br />PURPOSE: To amend Article Six (6) Application of Dimensional Requirements, specifically <br />Section 6.20 and 6.20.1 Large Ground Absorption System (3,000 gallons per day) and <br />Package Treatment Plants Prohibited in AR Districts and Rural Buffer Districts of the <br />Orange County Zoning Ordinance (hereafter `Ordinance') to clarify the permitting requirements <br />for large ground absorption systems and/or package treatment facilities. <br />BACI~CGROUND: In consultation with the Attorney's office, staff has determined that there are <br />two (2) issues with respect to existing language within Section(s) 6.20 and 6.20.1. Specifically, <br />the issues are: <br />1. Pursuant to Section 6.20.1, large ground absorption systems and/or package treatment <br />plants developed within the AR or RB zoning districts are required to obtain a Class A <br />Special Use Permit (hereafter `SUP'). However, Section 6.20.1 does not make reference <br />to the standards contained within Article Eight (8) governing the review and approval of <br />such projects. <br />The proposed amendment seeks to correct this oversight. <br />2. As discussed above, these types of systems require the issuance of a SUP. The Board <br />of County Commissions issues Class A SUP's. <br />The issuance of a SUP is a quasi judicial process that requires compliance with due <br />process requirements, including having an unbiased decision maker. Recent North <br />Carolina case law holds that there is a due process violation when the County is the <br />applicant and decision maker on its own SUP applications. As the application for such <br />systems would be by the County, to the County for review and approval, there is an <br />inherent conflict that prevents the County Board of Commissioners for deciding on their <br />own applications. Therefore the requirement must be corrected to avoid further conflict. <br />