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

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15 to take her child to school. She agrees that kids should be traveling to schools by foot or bike or public transportation and this is not available with the Eubanks Road site. She expressed appreciation to the school board and administration for the way in which they have involved the community in this decision. Commissioner Gordon entered into the record a letter from Chapel Hill High School Governance Committee, which urges the Board of Commissioners to support the Rock Haven Road site as proposed by the CHCCS Board. C. PUBLIC HEARING ITEMS -Chaired By Planning Board Vice Chair Hunter Schofield 1. Orange County Zoning Ordinance Text Amendments a. Amend Articles 8, 12, 14, 21, 22, and Table of Contents and other related articles to define and regulate the open burning of trees, limbs, stumps and construction debris associated with permitted activity. Planning Director Craig Benedict made this presentation. The first item has to do with enabling legislation to be able to restrict open burning when it has to do with development activity. Types of development that could be regulated include major and minor subdivisions, zoning compliance for building permits, and land disturbing activities requiring Erosion Control approvals. Development not regulated includes activities relating to bona fide farms, approved forestry management plans, and burning of domestically produced yard debris by private homeowners/tenants. Commissioner Jacobs asked County Attorney Geof Gledhill about the definition of bona fide farm and if it was the same definition that the State uses or if there was some leeway. Geof Gledhill said that the enabling legislation has a definition for bona fide farms. The special legislation that Orange County received to allow it to regulate open burning in the permitting of developments includes things that are not in the definition of bona fide farms such as horticulture and silviculture. Counties do not have the flexibility to redefine the terms. Commissioner Jacobs asked about the way in which the references to the burning and the disposition of construction debris are mentioned. He asked why we would not mention that there is a recyclable materials recovery ordinance each time we mention construction debris, because it regulates how the debris is supposed to be disposed of. Craig Benedict said that he would work with Geof Gledhill to see if it can be incorporated. He said that this is for land use and not solid waste and he will try and cross-reference this. Chair Brown said that she is unclear about bona fide farms and if it has anything to do with the tax valuation of property and Geof Gledhill said no. He said that the definition of use value taxation where the use value is based on farm is not the same definition as bona fide farm and the prohibition against counties regulating through zoning regulations bona fide farms. There will be some farms qualified under each and they are only coincidentally related to each other.