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1 <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: December 14, 2021 <br /> Action Agenda <br /> Item No. 5-a <br /> SUBJECT: Proposed 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: <br /> 1. Excerpt of Session Law 2021-138 Craig Benedict, Director, 919-245-2575 <br /> 2. November 3, 2021 Approved Ordinance Michael D. Harvey, Planner III, 919-245-2578 <br /> Review Committee (ORC) Notes <br /> 3. Excerpt of Draft December 1, 2021 <br /> Planning Board Minutes and Signed <br /> Statement of Consistency <br /> 4. Statement of Consistency <br /> 5. Ordinance Amending UDO <br /> PURPOSE: To hold a public hearing, receive the Planning Board/staff recommendation and <br /> public comment, close the public hearing, and consider action on staff initiated amendments to <br /> the Orange County Unified Development Ordinance (UDO) eliminating existing language <br /> allowing criminal penalties for violations of certain land use regulations. <br /> The modification(s) are necessary to address recent changes in State law. <br /> BACKGROUND: On September 2, 2021, Governor Roy 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. Violation(s) of certain provisions of <br /> the UDO are no longer potential criminal offences. The full version of the law is viewable here: <br /> Session Law 2021-138. <br /> The amendment was reviewed by the Board's Ordinance Review Committee (ORC) at its <br /> November 3, 2021 regular meeting. Agenda materials are available at- <br /> https://www.orangecountVnc.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 />