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43 <br /> Why Are We Here? <br /> June 4, 2024 Text Amendment <br /> ORANGE COUNTY <br /> BOARD OF COMMISSIONERS <br /> ACTION AGENDA ITEM ABSTRACT <br /> Meeting fate: June 4,2024 <br /> Actirrn.Agenda <br /> Rem No. 5-c <br /> SUBJECT: Unified Devoopment Ordinanca Taxi Anrendmanl-Regulatory Reform Compliance <br /> '.nnHB 600 ("Regulatory Reform Act') CEPARTNENT: PlannIng <br /> antllnspacddns <br /> ATTACHMEHT(S): INFORMATION COWACT: <br /> f. NCSL 23-9136(Excerpt} Cy Stabs,,Dlr r,(919)245.2592 <br /> GENERAL ASSEMBLY OF NORTH CAROLINA 2, NCSL 23-137(Excerpt? <br /> SESSION 20123 3. Exoarpt of Draft May 1,21124 Planning Board <br /> Minutes and Signed Slatement of Consistency <br /> 4. Statement of Consistency <br /> SESSION LAW 2023-137 5. Ordinance and Proposed JO0 Text Amendmants <br /> HOUSE BILL 600 PURPOSE:To hold a public hearing,receive the Planning Board and staff recommendations and <br /> pia6fic commenl,dose the public Learing,and consider action on Cvuntondiated text arnendmtmts <br /> to the Unified Deyelcpmenl Ordinance(UDO)in response to North Carolina Session Laws(NCSLs) <br /> AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS.DF NORTH 23.108 and 23-137,as well as to clarify Iwo related matters for improved administration of the UDD, <br /> CAROLINA- <br /> BACKOROUNO:The North Carolina General Assemhty approved two laws over Governor Roy <br /> Cooper's veto in the 2023 session that are relevant to the told of Orange County's LIDO.The first <br /> The General Assembly or'Notth Carolina enacts: was North Carolina Session Law(NCSL)23-149(Altachment 1),which expanded the definition of <br /> `residential'uses or zoning to all saructuras under the regulatory umbralla of the North Carolina <br /> PART I.AGRICULTURE,ENERGY,ENVIRONMENT,AND NATURAL RESOURCES State Reaidantial(Puikting)Coda.This seffolirvaly axpands this definition from one-and Iwo-family <br /> PROVISIONS dwellings to include theta- and four-family dwellings. The Consequence is the latk of Oranga <br /> County authority to regulate the architecture er appearance of such atruclures, requiring <br /> amandmant of Sections 25,3(Site Plan Specifications)and 4:8.2(Majed Teansporlation Condor <br /> WATER SUPPLY WATERSHED PROTECTION CHANGES (overlay district}Application).Staff has Initiated an amendment to the definition of`Rasidentiat <br /> SECTION 1. C.S. 143-214.5 irads as rewritlen: Nveloprnwl'in Article 14 to reflect this statutory change. <br /> 143-2.14.5. Water supply watershed protection. Staff has also Initiated a retavant amendment to Section 2.4.2 (`Zoning Compliance Permits, <br /> Requirements and Conditions')to transfer the responsibility of affirming Udo compliance..before a <br /> (0) A local government Jmplementing a water supply watershed progmrn shall allow an Certificate of Occupancy is issued,from the Building Inspector to the Planning and Inspections <br /> applicant to exceed the allowable density under the applicable water supply watershed rules ifall director.The Inspections staff should be focused on NC State Building Codes compliance and not <br /> of the following clrcumslances apply: also be responsihke for enforcement oil Orange County's Local development and use standards. <br /> (1) The properly was developed prior to the effective date of the local water NCSL 23-137(At;Whmech.Z)was the'Regulatory Reform AcP and provides for the elimination of <br /> supply watershed program- density regulations in water supply watersheds under the following conditions: <br /> (2) The property has not hem minbined with addilJonal lolsaRer January I,202 1. 1 i The property was deweloped prior to the effective date of the applicable water supply <br /> (3) The property has not been a participant in a deaslty averaging transaction watershed regulations; <br /> 2 i The pmpeAy has net been combined with additional tots after January 1,2421; <br /> under subsection(d2)of this section. 31 The properly has not parLitipated in density averaging.as allowed by North Carolina General <br /> (4) The current use oFthe property is nonresidential. <br /> In the aArF.�:n,..n.:n.. and ,r.......r.....h...,hr_,..,:,... <br /> (a) ... ,At the cJrt:tion of the <br /> property oxatcr, the stormwatcr Brom any iaei <br /> Jnereasc in built-upon arca on the property above the preexisting developrm:in <br /> Js treated in accordance with all applicable local government, State, aml <br /> federal Saws and regulations. <br /> (fi) The rthe local <br /> vegetated butlers on the properly are preserved re accordance: ORANGE COUNTY <br /> wll9t the local wafer supply,watershed protection program requil}ements.- <br /> NORTH CAROLINA <br />