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9 <br /> ORANGE COUNTY <br /> PLANNING BOARD ORDINANCE REVIEW COMMITTEE <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: May 4, 2022 <br /> Action Agenda <br /> Item No. 8 <br /> SUBJECT: Unified Development Ordinance Text Amendments — Erosion & Sedimentation <br /> Control, Stormwater, and Performance Guarantees <br /> DEPARTMENT: Planning and Inspections <br /> ATTACHMENT(S): INFORMATION CONTACT: (919) <br /> 1. Statement of Approval and Christopher J. Sandt, Staff Engineer <br /> Consistency 245-2583 <br /> 2. Proposed Unified Development <br /> Ordinance (UDO) Amendments <br /> (have not yet received final approval <br /> by the County's legal staff) <br /> 3. Meeting Notes —August 4, 2021 <br /> ORC Meeting <br /> PURPOSE: To review and make a recommendation to the Board of County Commissioners <br /> (BOCC) on County-initiated amendments to the Unified Development Ordinance (UDO) <br /> designed to: <br /> a. Ensure that County regulations are consistent with NC General Statute (NCGS) Chapter <br /> 160D-804.1 related to the acceptance of performance guarantees; <br /> b. Update existing erosion and sedimentation control (E&SC) and stormwater management <br /> terms/regulations to coincide with 15A NCAC Chapter 4 (Sedimentation Control Rules), <br /> 15A NCAC 02H .1000 through .1062 (Stormwater Management Rules), the most current <br /> North Carolina (NCDEQ) Erosion and Sediment Control Planning and Design Manual, <br /> and the most current version of the North Carolina (NCDEQ) Stormwater Design Manual; <br /> c. Ensure that County implementation of state Rules conforms with the state's most current <br /> Model Ordinances related to E&SC and stormwater management; <br /> d. Clarify/refine County requirements for Stormwater Control Measure (SCM) performance <br /> guarantees and eliminate County requirements for SCM maintenance guarantees (as <br /> SCM maintenance monitoring is inherent to the required annual and 5-year SCM <br /> inspections). <br /> BACKGROUND: As Planning staff pointed out during the adoption process for the UDO <br /> amendments related to NCGS 160D, adopted on May 18, 2021, additional necessary <br /> amendments related to performance guarantees had commenced and were moving forward on <br /> a separate path for adoption consideration in late summer or fall. <br /> The Ordinance Review Committee (ORC) reviewed a previous version of these UDO <br /> amendments at the August 4, 2021 Planning Board meeting (see meeting notes in Attachment <br />