Agenda - 09-16-2003-8h - Laserfiche WebLink

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12 PURPOSE: To make a recommendation to the Board of County Commissioners concerning the proposed Development Open Burning Restrictions to the Zoning Ordinance, Subdivision Regulations. BACKGROUND: The Public Hearing for this item was held on May 27, 2003. These amendments, if approved, will require a management plan that addresses handling debris by a manner other than open burning. The enforcement mechanism in these amendments is a staff review of a construction or development application that is filed along with a request for a zoning or subdivision approval. The open burning management plan will become a check off item in the review process, like other normal details (welUseptic, setbacks, driveways, etc.). In July of 2000 Orange County was authorized by the General Assembly, within the planning jurisdiction of the County (except in Carr and Cheeks precincts in the unincorporated area of the County), to regulate and prohibit the open burning of trees, limbs, stumps and construction debris associated with development activity. In September of 2002 the General Assembly expanded this regulatory authority to include Carr and Cheeks townships. Agricultural, horticultural, and silvicultural activities, which are exempt by law from the requirements of County permitting for subdivision, clearing, and development of land or construction of buildings within the planning jurisdiction of the County, are not subject to the County's authority to regulate open burning. Under this new regulatory power, Orange County can, after it amends its planning regulations, regulate and prohibit the open burning of trees, limbs, stumps and other construction debris associated with development and building activity. Pursuant to the Joint Planning Agreement, the permitting of development in the Joint Planning Area is performed by the County in the Rural Buffer, by the Town of Chapel Hill in the Chapel Hill portion of the Transition Area and by Carrboro in the Carrboro portion of the Transition Area. Burning prohibition regulations in the town ordinances will, in effect, exercise the County's prohibition authority in the Transition Areas via the Joint Planning Agreement. Chapel Hill and Carrboro were notified of these amendments prior to the public hearing through the normal agenda distribution of the public hearing meeting packet. Both jurisdictions are on the mail out list for the Planning Board agenda also. PROCESS: Public Hearing held on May 27, 2003 Ordinance Review Committee recommendation August 6, 2003 Planning Board Recommendation August 6, 2003 BOCC to make decision no sooner than August 19, 2003 FINANCIAL IMPACT: There are no public fiscal impacts associated with these decision amendments. MOTION was made by Jay Bryan to accept the amendment to the Orange County Zoning Ordinance and Subdivision Regulations regarding open burning. Barry Katz seconded this motion.