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3 <br /> ORANGE COUNTY <br /> PLANNING BOARD ORDINANCE REVIEW COMMITTEE <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: August 4, 2021 <br /> Action Agenda <br /> Item No. 2 <br /> SUBJECT: Unified Development Ordinance Text Amendments — Performance Guarantees <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: (919) <br /> 1. Proposed LIDO Amendments Christopher Sandt, Staff Engineer 245-2583 <br /> (have not yet received final approval by the Patrick Mallet, Erosion Control/ <br /> County's legal staff) Stormwater Supervisor 245-2577 <br /> Michael D. Harvey, Planner III 245-2597 <br /> Craig Benedict, Planning Director 245-2592 <br /> PURPOSE: To review County-initiated amendments to the Unified Development Ordinance (UDO) <br /> designed to: <br /> a. Ensure regulations are consistent with NC General Statute (NCGS) Chapter 160D-804.1 related <br /> to the acceptance of performance guarantees; <br /> b. Update existing erosion control and stormwater terms/regulations to coincide with the most <br /> current North Carolina (NC DEQ) Erosion and Sediment Control Planning and Design Manual <br /> and the North Carolina (NC DEQ) Stormwater Design Manual; and <br /> c. Clarify/refine County requirements for Stormwater Control Measure (SCM) performance <br /> guarantees. <br /> BACKGROUND: As Planning staff pointed out during the adoption process for the UDO amendments <br /> related to NCGS 160D, adopted on May 18, 2021, additional necessary amendments related to <br /> performance guarantees had commenced and were moving forward on a separate path for adoption <br /> consideration in late summer or fall. The proposed amendments specifically seek to: <br /> • Revise performance guarantee requirements for both subdivisions and stormwater management; <br /> • Provide more equitable Land Disturbing Permit (aka grading permit) timeframes; and <br /> • Update erosion and sedimentation control and stormwater management terms, definitions, <br /> requirements and standards so that are consistent with NC DEQ. <br /> Planning and County Attorney staff are still in the process of finalizing UDO amendments to comply with <br /> the new legislation with the aim of leaving existing processes as unchanged as possible while also <br /> conforming the UDO to statutes. The amendment packet in Attachment 1 has not received final <br /> approval bV the County's legal staff. However, Planning staff is bringing the latest version to the ORC <br /> since the amendment package is lengthy and doing so will enable Planning Board members to have a <br /> preview of the amendments and the ability to ask questions and/or make comments. <br /> FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks <br /> associated with updating the UDO in response to the State legislation. <br /> RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed <br /> amendments and provide any feedback to staff. <br />