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1 SUMMARY NOTES 1 ORANGE COUNTY PLANNING BOARD 2 JANUARY 4, 2017 3 ORDINANCE REVIEW COMMITTEE 4 5 NOTE: A quorum is not required for Ordinance Review Committee meetings. 6 7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Tony Blake (Vice-Chair), 8 Bingham Township Representative; Maxecine Mitchell, At-Large Bingham Township; Lisa Stuckey, Chapel Hill Township 9 Representative; Andrea Rohrbacher, At-Large Chapel Hill Township; Patricia Roberts, Cheeks Township Representative; Paul 10 Guthrie, At-Large Chapel Hill Township; Buddy Hartley, Little River Township Representative; Kim Piracci, At-Large; Laura 11 Nicholson, Eno Township Representative; 12 13 14 STAFF PRESENT: Craig Benedict, Planning Director; Michael Harvey, Current Planning Supervisor; Meredith Kern, 15 Administrative Assistant II. 16 17 18 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 19 20 Lydia Wegman called meeting to order. 21 22 23 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS – REORGANIZATION OF TABLES OF 24 PERMITTED USES 25 To review and discuss proposed amendments to the UDO that would reorganize the Tables of 26 Permitted Uses in response to the Byrd v. Franklin County judicial decision. As work progresses on this 27 item, which is expected for the September 2017 quarterly public hearing, the ORC will have additional 28 opportunities for review and comment. 29 Presenter: Michael Harvey, Current Planning Supervisor 30 31 Michael Harvey reviewed the abstract. 32 33 Paul Guthrie: Can I ask one question? More give me a better idea of the framework within. You mentioned nuclear power 34 plant, which I realize was to make an example. Nuclear power plant can only be built if it’s permitted by the federal 35 government. Federal government rules total charge of that particular industry. Would this thing you’re working on have any 36 ability to stymie the federal government? 37 38 Michael Harvey: No. Just like the County cannot deny or allow it’s Boards to deny a telecommunication tower based on 39 concerns over RF radiation or RF radiation poisoning. When the federal government has essentially said, “You local 40 governments don’t have jurisdiction over this. We have found there to be no problem”. 41 42 Paul Guthrie: The second thing was just a general broad comment that I think I’m fair in saying the two largest military bases 43 in the state were created by the federal government without regard to either state law or local jurisdiction and Camp Lejeune 44 and Fort Bragg. So I think somehow we need to make very clear that this is what is available under state and County 45 regulation and law, but anything occurring at the federal level will certainly supersede it. 46 47 Michael Harvey: Well it goes without saying Federal law preempts state and local regulatory authority. Just like state law 48 preempts us. State can essentially do what it would like to do with its property without any local involvement whatsoever. Now, 49 we have been fortunate at times for the State to actually want to encourage and promote cooperative relationships on the 50 local government level and want to work with local government officials in addressing state development. That doesn’t always 51 have to be the case and I can point to a couple of examples in Chapel Hill and even Raleigh, involved with the Universities 52 where that level of cooperation probably was not as heartfelt. 53 54 8