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Planning Board agenda 032019
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Planning Board agenda 032019
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5/28/2019 12:10:04 PM
Creation date
4/15/2019 5:00:32 PM
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BOCC
Date
3/20/2019
Meeting Type
Regular Meeting
Document Type
Agenda
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Article 5: Uses <br /> Section 5.13: Standards for Agricultural Uses <br /> <br /> <br /> <br />Orange County, North Carolina – Unified Development Ordinance Page 5-142 <br /> <br />(k) The Operations Plan and the Rehabilitation Plan shall be coordinated so <br />that the amount of disturbed land is kept to the absolute minimum <br />consonant with good practices and so that rehabilitation proceeds in <br />concert with extraction. <br />(l) No land disturbance shall take place within 250 feet of the zoning lot line <br />or the property line where the zoning line and the property line are one <br />and the same. Within the 250 foot setback area, existing vegetation <br />shall be retained for the purpose of providing a visual screen and noise <br />buffer. No disturbance or removal of vegetation shall be permitted <br />except for access roads leading from the excavation area to public <br />roads. Where vegetation within the 250 foot setback does not exist, the <br />applicant shall be required to provide a dense, evergreen buffer <br />consistent with the purpose cited above. The buffer shall be in place <br />prior to the initiation of any excavation activities. <br />(m) The applicant shall submit operational reports, prepared on an annual <br />basis, detailing the amounts of materials extracted, extent of extractive <br />area, depth of extractive area, and results of groundwater test borings. <br />(n) Annual inspections of the operation shall be conducted by the Planning <br />Director following submittal of the annual operations reports to determine <br />compliance with the provisions of the Special Use Permit. <br />(o) In cases of abandonment or termination of operations for a period of 12 <br />consecutive months, application for a new Special Use Permit is <br />required. <br />(p) The Board of County Commissioners shall require for all extractive uses <br />a performance guarantee to insure that the provisions of the <br />Rehabilitation Plan are met. Such performance guarantee shall be in a <br />form approved by the County Attorney. The amount of such guarantee <br />shall cover the cost of rehabilitation on a per acre basis, if the cost does <br />not exceed the amount posted with the State. If the rehabilitation cost <br />exceeds the amounts required by the State then the difference shall be <br />made up in a bond to Orange County. <br />SECTION 5.13: STANDARDS FOR AGRICULTURAL USES <br />5.13.1 Agricultural Processing Facility <br />(A) Use Standards <br />(1) Shall not be permitted: <br />(a) As a Conditional Use District. Refer to Section 5.1.3 of this Ordinance. <br />199 <br />(b) Within the Rural Buffer land use classification, as designated by the <br />adopted Comprehensive Plan, as part of a Conditional Zoning District <br />application. 200 <br />(A)(B) General Standards for of Evaluation <br />(1) Application materials shall include a comprehensive groundwater study, for <br />facilities expected to use more groundwater on an annual basis than an average <br /> <br />199 As previously indicated the County’s Attorney office has advised symbols should only be utilized to denote <br />review/approval processes for land uses. Regulatory allowances/prohibitions, such as the aforementioned <br />language, is being moved into the individual land use standards contained in Article 5. <br />200 This is existing language from Section 5.2.3 Table of Permitted Uses – Conditional Zoning Districts incorporated <br />herein consistent with advice from the County’s Attorney office to limit the use of symbols within the proposed <br />revision. <br />119
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