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ORC agenda 090617
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ORC agenda 090617
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8/29/2018 11:54:44 AM
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BOCC
Date
9/6/2017
Meeting Type
Regular Meeting
Document Type
Agenda
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<br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 1-1 <br /> <br />ARTICLE 1: ADMINISTRATION <br />SECTION 1.1: GENERAL PROVISIONS <br />1.1.1 Title <br />The official title of this document is ‘Unified Development Ordinance of Orange County, North <br />Carolina’. For convenience, it shall be referred to throughout this document as ‘this Ordinance’, <br />‘the Ordinance’, ‘ the/this Unified Development Ordinance’ or ‘the/this UDO’. <br />1.1.2 Authority <br />This Ordinance is adopted pursuant to the statutory authority provided in the North Carolina <br />General Statues (NCGS), specifically the provisions of: <br />(A) Chapter 153A, Article 18, <br />(B) Chapter 4, <br />(C) Chapter 160A, Article 19, <br />(D) Chapter 39, Article 5A, <br />(E) §47-30, and <br />(F) §143 214.5. <br />For the purpose of establishing comprehensive development regulations for designated portions <br />of Orange County and providing for administration, enforcement and amendment thereof in <br />accord with the aforementioned provisions. <br />1.1.3 Flood Damage Prevention Authority – Basis for Establishment1 <br />(A) The Legislature of the State of North Carolina has delegated authority to county <br />governments to adopt regulations to promote the public health, safety, and general <br />welfare of its citizenry in the following sections of the North Carolina General Statutes: <br />(1) Part 6, Article 21 of Chapter 143, <br />(2) Parts 2, 3 and 4 of Article 18 of Chapter 153A, and <br />(3) § 153A-121Article 6 of Chapter 153A.2 <br />(B) Flood damage prevention regulations contained herein shall apply to all Special Flood <br />Hazard Areas within the jurisdiction of Orange CounyCounty, including properties located <br />within the Extra-Territorial Jurisdictions (ETJs) of local municipalities used for bona fide <br />farm purposes in accordance with Part 1, Article 19 of Chapter 160A of the North <br />Carolina General Statutes.3, 4 <br /> <br />1 This amendment incorporates existing regulations contained in Section(s) 1.1.3 and 4.3.5 of the UDO relating to <br />our flood program. <br />2 Staff is updating/modifying an existing reference to a provision of the North Carolina General Statute to ensure <br />stylistic consistency within the UDO. This modification is also predicated on ensuring compliance with changes to <br />the minimum model flood ordinance prepared by FEMA. In order to ensure we are able to maintain our <br />membership in the National Flood Insurance Program (NFIP), modifications of existing provisions are necessary to <br />update language consistent with new FEMA standards. <br />3 Staff is adding language to ensure consistency with the new 2017 minimum model flood ordinance prepared by <br />FEMA. <br />4 NC General Statutes were amended placing properties in local municipal ETJ’s meeting the bona fide farm <br />exemption (NCGS 153A‐340 (b) (3)) under County authority with respect to the enforcement of flood damage <br />prevention regulations. Staff is updating this section to reflect this fact. <br /> 26
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