Agenda - 05-04-2021; 5-b - Unified Development Ordinance Text Amendments

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Article 2: Procedures 33 Section 2.5: Site Plan Review (a) The Agricultural Preservation Board shall have 30 calendar days to provide comments. If comments are not received within this timeframe, the application review process shall not be delayed. (b) For purposes of this subsection, agricultural support enterprise uses shall be defined as those permitted in the ASE-SZ-CD zoning district, as detailed within Section 5.2-.331 of this Ordinance. (D) The Planning Director shall review the plan(s) based on, but not limited to, the following general criteria: (1) Compliance with all applicable County ordinances; (2) Extent and intensity of impacts to the surrounding area; (3) Respect for existing site conditions, including slope, vegetation, drainage patterns, etc.; (4) Efficient use of the land to minimize disturbance and grading and to conserve energy; (5) Safe and efficient vehicular and pedestrian circulation; (6) Logical placement of structures and other site functions; (7) No open burning of trees, limbs, stumps and construction debris associated with the permitted activity; and (8) Compliance with any previously issued Special Use or Conditional Use Permit(s) (a n Mott F)e RG IGR o. issued a of JaRgary , 2021)associated with the project. (E) Following review of the site plan, the Planning Director shall take final action on the application within 21 days of acceptance of a complete application. Final action shall be one of the following: (1) Approval, (2) Approval with conditions, or (3) Denial. Failure to meet the criteria for site plan approval listed herein, and/or to address all review comments solicited during plan review, will result in denial of the application. (F) If a plan is approved with conditions, no zoning authorization allowing land disturbing activity or subsequent building permit shall be issued until all conditions of approval have been met to the satisfaction of Orange County. (G) Site plan approval and the issuance of a Zoning Compliance Permit does not establish a vested right to develop the property should zoning regulations change subsequent to plan approval. 2.5.5 Vesting of Site Plana2 (A) At the option of the Applicant, a site plan may be vested for a period of not less than two nor more than five years. Multi-phased developments, as defined in NCGS 160D-108, shall be vested for a period of seven years from the time a site plan approval is granted for the initial phase of the multi-phased development. (B) To become vested, a site specific development vestin plan must be approved by the Board of County Commissioners as a Special Use Permit, aGGGrdaRGG with SeGti n 2.7 of this OrdiRanGethrough either the normal project approval process if the Board of County Commissioners is the approval authority, or, in the case the Board of 31 Correct a section referenced missed in a 2019 amendment. 32 The revisions in this section are necessary based on changes made to state statutes in Section 160D-108. Orange County, North Carolina-Unified Development Ordinance Page 2-12