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125 <br /> Commissioner Carter said her second question was regarding buildable upland and <br /> setting objectives. She asked if it was correct that the county has a 30% goal in the UDO. <br /> Cy Stober said the requirement begins at 33% and then one would get lot bonuses as you <br /> increase the amount of open space. <br /> Commissioner Carter said gave an example of a 50% buildable upland requirement, and <br /> asked if it would it be guidance or in the UDO. <br /> Randall Arendt said it could be put in a guidance document, but the only thing that really <br /> counts is the ordinance language. <br /> Commissioner Carter asked how local governments implemented requirements to <br /> conserve farmland. She asked if it is specified in the UDO? <br /> Randall Arendt noted the differences in planning regulations across the United States. He <br /> said that in the Bucks County, Pennsylvania development, the township had the rules. <br /> Commissioner Carter asked how other open spaces were managed. <br /> Randall Arendt said that the other examples were managed by a home association. He <br /> gave examples that highlighted the need to properly preserve open space through easements. <br /> Cy Stober said the ordinance requires for all flexible developments a conventional layout. <br /> He said that staff is putting together 94 amendments at the request of the Board to better enable <br /> flexible developments. He said currently, the conventional layout is only used administratively by <br /> staff and is not used beyond the pre-application or application meeting. He said it's an additional <br /> cost burden to an applicant who is trying to pursue flexible developments. He said Randall Arendt <br /> is discussing is how flexible development could be considered in a more public way with <br /> surrounding neighbors and with boards. <br /> Commissioner Fowler noted that Randall Arendt's point was that communities should <br /> preserve 50% of the buildable land, not the amount of land that includes the riparian buffer. She <br /> said that should be considered when they are updating the UDP and comprehensive plan. She <br /> asked if Randall Arendt was suggesting putting conservation subdivisions in the rural buffer in <br /> places where it would work with the county's water resource limits. She asked where the best <br /> place is to put conservation subdivisions. <br /> Randall Arendt it's up to the local officials. He cited an example of a county that wanted <br /> them close to water and sewer lines. He suggested a gradual approach, by only putting <br /> conservation subdivisions in one part of the county for five years. He advised getting rid of flexible <br /> development because it counts unbuildable land towards density. <br /> Randall Arendt asked how riparian buffers were defined in North Carolina. <br /> Cy Stober said it includes upland beyond flood plains and wet lands. He said state <br /> minimum riparian buffer is 50 feet from the edge of the bank. He said Orange County has either <br /> a 65- or 80-foot riparian buffer, and additional reservoir setbacks as well as a floodplain buffer. He <br /> said it is either a 65-or 80-foot buffer from the edge of the 100-year flood plain. He said whatever <br /> is the most conservative is what is applied to the water feature. <br /> Randall Arendt clarified that it includes land beyond the flood plain. He said primary <br /> conservation areas should not count toward density. He said you can always apply the buffers in <br /> addition, but a good conservation plan will not push development close to those sensitive areas. <br /> Commissioner Portie-Ascott asked for clarification on a comment Randall Arendt made <br /> about requiring developers to do a 10% soil sample. <br /> Randall Arendt said it would be in areas with septic systems and no sewer. He said it's <br /> time consuming and expensive to test every lot. He said the developer could work with staff to <br /> analyze the countywide soil maps, walk the lots, look for hydrophilic vegetation, and determine <br /> which lots seem the most questionable. He gave an example of a development with 35 lots. He <br /> said if 3 lots are questionable and then tested, if all 3 perk, then 35 is the number of lots. He said <br /> if 1 fails, then 34 lots is the number. He said then wait a month and test 3 more lots. He said <br /> when the developer goes for approval of a conservation subdivision, he needs to show where his <br /> septics are proposed. He said the county wouldn't give up the requirement to prove septic <br />