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45 <br /> ORANGE COUNTY <br /> PLANNING BOARD <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 1, 2021 <br /> Action Agenda <br /> Item No. 7 <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. November 3, 2021 Draft Ordinance Craig Benedict, Director 245-2575 <br /> Review Committee (ORC) Notes <br /> 3. Statement of Consistency <br /> 4. Ordinance Amending UDO <br /> PURPOSE: To review and make a recommendation to the BOCC on staff initiated amendments <br /> to the Orange County Unified Development Ordinance (UDO) eliminating existing language <br /> allowing staff to seek criminal penalties for violations of certain land use regulations. The <br /> 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 /> The amendment was reviewed by the Board's Ordinance Review Committee (ORC) on <br /> November 3, 2021 regular meeting. Agenda materials are available at: <br /> https://www.orangecountync.gov/AgendaCenter/ViewFile/Agenda/ 11032021-1326. <br /> Attachment 2 contains the draft ORC meeting notes. <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 <br /> with applicable State law. The County Attorney's office has reviewed the proposal and found it <br /> to be legally sufficient. <br />