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3 <br /> ORANGE COUNTY <br /> PLANNING BOARD ORDINANCE REVIEW COMMITTEE <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: November 3, 2021 <br /> Action Agenda <br /> Item No. 2 <br /> SUBJECT: Unified Development Ordinance Text Amendment — Modification of <br /> Enforcement Provisions Addressing Changes in State Law <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: (919) <br /> 1. Excerpt of Session Law 2021-138 Michael D. Harvey, Planner III 245-2578 <br /> 2. Proposed UDO Text Amendment Craig Benedict, Director 245-2575 <br /> PURPOSE: To review County-initiated amendments to the Unified Development Ordinance (UDO) <br /> eliminating language allowing staff to seek criminal penalties for violations of certain land use <br /> regulations. The modification(s) are necessary to address recent changes in State law. <br /> BACKGROUND: On September 2, 2021, Governor Cooper signed Session Law 2021-138. <br /> Portions of the legislation, excerpt contained in Attachment 1, decriminalizes certain types of <br /> ordinances including planning and development regulations. Put simply, violation(s) of certain <br /> provisions of the UDO are no longer potential criminal offences. The full version of the law is <br /> viewable here: Session Law 2021-138. <br /> Staff's proposed amendment is contained in Attachment 2. <br /> • What the Amendment Does: Eliminates existing language in Section 9.6.5 giving staff <br /> the option of seeking criminal penalties for violations of the UDO. The proposal <br /> renumbers appropriate sections to address the elimination of Section 9.6.5 of the UDO. <br /> • What the Amendment Does Not Do: Eliminate language allowing for potential criminal <br /> penalties for violation(s) of floodplain management (Section 9.7), soil erosion and <br /> sedimentation control (Section 9.8) and stormwater management (Section 9.9) <br /> regulations. The Session Law does not modify enabling authority under which these <br /> provisions were adopted. <br /> As previously indicated the amendment(s) are necessary to address the County's compliance with <br /> applicable State law. The County Attorney's office has reviewed the proposal and found it to be <br /> legally sufficient. <br /> FINANCIAL IMPACT: Existing County staff has and will continue to accomplish the necessary tasks <br /> associated with amending the UDO. <br /> RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed <br /> amendments and provide any feedback to staff. <br />