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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: September 16, 2003 <br />Action Agenda <br />Item No. <br />SUBJECT: Development Open Burning Restrictions (Zoning, Subdivision & Erosion <br />Control) <br />DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/N) No <br />ATTACHMENT(S): <br />Proposed Amendments to Zoning <br />Ordinance and Subdivision Regulations <br />Proposed Amendments to Erosion Control <br />Ordinance <br />INFORMATION CONTACT: <br />Craig Benedict, Director, ext. 2592 <br />Robert P. Davis, Planner III, ext. 2580 <br />TELEPHONE NUMBERS: <br />Minutes -Aug 6, 2003 Planning Board Hillsborough 245-2575 or 2585 <br />Minutes -May 27, 2003 Public Hearing Chapel Hill 968-4501 <br />Local Bill -Authorization to Orange Durham 688-7331 <br />County Mebane 336-227-2031 <br />PURPOSE: To close the Public Hearing and to make a decision concerning the proposed <br />Development Open Burning Restrictions to the Zoning Ordinance & Subdivision Regulations <br />and the Erosion Control Ordinance. <br />BACKGROUND: The Public Hearing for this item was held on May 27, 2003. These <br />amendments, if approved, will require a management plan that addresses handling debris by a <br />manner other than open burning. The enforcement mechanism in these amendments is a staff <br />review of a construction or development application that is filed along with a request for a <br />zoning or subdivision approval. The open burning management plan will become acheck-off <br />item in the review process, like other normal details (well/septic, setbacks, driveways, etc.). The <br />Planning Board reviewed the amendments and recommended approval at its August 6, 2003 <br />meeting. <br />In July of 2000, Orange County was authorized by the General Assembly, within the planning <br />jurisdiction of the County (except in Carr and Cheeks precincts in the unincorporated area of the <br />County), to regulate and prohibit the open burning of trees, limbs, stumps and construction <br />debris associated with development activity. In September of 2002, the General Assembly <br />expanded this regulatory authority to include Carr and Cheeks townships. Agricultural, <br />horticultural, and silvicultural activities are exempt by law from the requirements of County <br />zoning regulations. Under this new regulatory power, Orange County can, after it amends its <br />planning regulations, regulate and prohibit the open burning of trees, limbs, stumps and other <br />construction debris associated with development and building activities. <br />Pursuant to the Joint Planning Agreement, the permitting of development within the Joint <br />Planning Area is performed by the County in the Rural Buffer. Conditions of permitting related <br />to open burning will be pursuant to development regulations within the Town of Chapel Hill in <br />