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Attachment 1 44 <br /> PLANNING & INSPECTIONS DEPARTMENT <br /> Craig N. Benedict, AICP, Director <br /> Engineering / Erosion <br /> Control / Stormwater 131 W. Margaret Lane <br /> Suite 201 <br /> (919) 245-2575 � ������, � �� ; �p „��°"""�°�" "'. P O. Box 8181 <br /> (919) 644-3002 (FAX) N101<141 ::�r' ��'���:t�� �A Hillsborough, NC 27278 <br /> www.orangecountync.gov <br /> M� <br /> MEMORANDUM <br /> TO: Orange County Board of County Commissioners <br /> FROM: Howard W. Fleming, Jr., PE, Engineering/Stormwater Supervisor <br /> DATE: 11/23/15 <br /> PROJECT: GENERAL <br /> SUBJECT: Session Law 2015-246 (HB 44) <br /> The following is the Engineering/Stormwater Division's analysis of the impacts of <br /> subject legislation on the Erosion Control/Stormwater program of Orange County. <br /> ADDED § 153A-145.6. Requiring compliance with voluntary State regulations and <br /> rules prohibited. (For full text see Attachment 4) <br /> Based on this new law, it appears that our ability to enforce the Jordan Lake Stormwater <br /> regulations for new development is rescinded. This is based on the fact that SL2012- <br /> 200 (enacted 08101112 versus Orange County UDO amendment ordinance 2012- <br /> 011, adopted 04117112) delayed our required implementation to August 10, 2014. <br /> Subsequently, SL2013-395 delayed implementation of all Jordan Lake Rules "that begin <br /> July 1, 2013, or later" for a period of three years. So, it appears that the requirement for <br /> us to implement the Jordan Lake new development stormwater regulations has been <br /> delayed until 2017. <br /> Even though the title of 153A-145.6 says "voluntary State regulations", the text of the <br /> first paragraph says- <br /> '7f a State department or agency declares a regulation or rule to be voluntary or the <br /> General Assembly delays the effective date of a regulation or rule proposed or adopted <br /> by the Environmental Management Commission, or any other board or commission, a <br /> county shall not require or enforce compliance with the applicable regulation or <br /> rule, including any regulation or rule previously or hereafter incorporated as a <br /> condition or contractual obligation imposed by, agreed upon, or accepted by the county <br /> in any zoning, land use, subdivision, or other developmental approval, including, without <br /> limitation, a development permit issuance, development agreement, site-specific <br /> development plan, or phased development plan." <br /> Since the required implementation has been delayed by the General Assembly until <br /> 2017, Engineering/Stormwater Division's interpretation is that the County "shall not <br /> require or force compliance with the" new development rules for Jordan Lake. We <br /> recommend consideration and interpretation by the County Attorney's office. <br /> SA2 Bouds\BOCC2015 Public Hearings\Nov QPMWork Session Iterns\2015 Session Law Effects�Att 1-IrnpactsOt5L2015-246(HB44)EC-SW-ProgOfOC_111215.doc <br />