AN ORDINANCE OF THE
CHATHAM COUNTY BOARD OF COMMISSIONERS INSTITUTING A MORATORIUM ON THE CREATION OF CERTAIN MAJOR RESIDENTIAL SUBDIVISIONS WITHIN
CHATHAM COUNTY, NORTH CAROLINA
1. WHEREAS, the Chatham County Board of Commissioners at its May 21, 2007 regular meeting, which regular meeting was recessed until 6:30 pm on May 22, 2007 in order to provide all interested persons a full and ample opportunity to express their views on the question of whether a moratorium should be imposed on certain development in Chatham County, after due advertisement as by law required, conducted a public hearing for the purpose of hearing the views of the public, gathering information, and taking appropriate action pursuant to authority conferred in Article 18, Chapter 153A of the General Statutes of North Carolina, the Chatham County Moratorium Ordinance, and other relevant law regarding imposition of a moratorium on the creation of certain major residential subdivisions in Chatham County; and
2. WHEREAS, at the public hearing twenty-two (22) persons spoke in favor of a moratorium and urged the County Commissioner to impose a twelve (12) months moratorium, and three (3) persons spoke against imposing any moratorium; and 3. WHEREAS, The Board of Commissioners makes the following findings of fact with respect to the problems or conditions necessitating a moratorium in Chatham County:
a. Population Growth: U.S. Census Bureau data indicates that during the fifteen (15) year period between 1990 and 2005, Chatham County’s
population increased from approximately 39,000 to approximately 58,000.
A large number of new residential units have been approved in Chatham County during the last four (4) years (2002-2006) and it is estimated by Triangle J. Council of Government Planner (“Triangle J”) that the
proposed ten (10) year build-out of approved subdivisions and anticipated normal growth, Chatham's population will increase during the next ten (10) years by at least 50%. In addition, Triangle J estimates that in eastern Chatham, where the majority of residential growth is taking place, that the current population of approximately 33,000 will increase to approximately 117,000 by 2035 if the current growth pattern in eastern Chatham
continues.
b. Residential Development Pressures: In the last four (4) years
approximately 12,000 new residential lots and units in subdivisions have been approved in Chatham County, including lots and units within municipalities. Many of these approved Subdivisions are located in environmentally sensitive rural areas. Because the County’s current Subdivision Ordinance lacks adequate guiding standards and threshold criteria, as required by the North Carolina General Statutes, the County
was, and continues to be, unable to adequately protect environmentally sensitive rural areas. In addition, a large number of subdivisions have been approved in areas that will burden the County’s strained financial resources with costly infrastructure and service requirements, such as schools and additional law enforcement and fire protection. A Cost of Community Services study performed by the Department of Agricultural and Resource Economics of North Carolina State University found that in Chatham County the property taxes and other revenues generated by residential land did not cover the amount of publicly provided services to such residential property. According to this study the residential sector contributes only $.87 to the County’s coffers for each $1.00 worth of services it requires. On the other hand, commercial and industrial land use contribute $3.01 in revenue for each $1.00 of services received. The residential development continues unabated with fourteen (14) new residential subdivisions containing an additional 637 proposed residential lots submitted to the Planning Department between January 1, 2007 and May 7, 2007. The County needs to find a way to address the disparity between revenues received and services required for residential developments before approving additional subdivisions.
c. Commercial Corridor Development Pressures: With the completion of the widening of NC 15/501 to four (4) lanes from the Orange County line to Pittsboro there has been unchecked commercial development on the County’s major north-south thoroughfare, which, if continued, will create a “strip mall” corridor from the Chatham/Orange County line to Pittsboro.
In the last four (4) years over ten (10) commercial developments along NC 15/501 from Fearrington Village to the Chatham/Orange County line have been approved and/or constructed or expanded (Lee Moore Oil property, UNC parking, Gas Station and sit down restaurant at Cole Park Plaza, Baycorp Development Corporation, Williams Corner, Polks Center, Chatham Downs, Briar Chapel commercial, Dogwood Veterinary
Hospital, ABC mini-storage and Fearrington Place). In addition, in recent years a number of commercial developments have been constructed along US 64, threatening that corridor from Apex in Wake County to Pittsboro.
Moreover, with developments in Durham and Orange County and Cary’s annexation of large-scale residential developments in Chatham County, NC 751, a two (2) lane rural road east of Jordan Lake is already facing severe rush-hour traffic congestion. There is likely to be accelerating commercial development pressure along this road as well, especially as it is expected to be eventually widened into a four (4) lane road.
NC 87 from Pittsboro north to the Alamance County line is in an unzoned area of the County where commercial development pressure is likely to occur soon. Along the rural, curving Old 87 (Old Graham Road), approximately six (6) miles north of Pittsboro, approximately 1,760 residential units in a series of subdivisions have been approved. These
subdivisions will use to NC 87 for access. There are currently few commercial developments along either road but the approved residential development in the area will require commercial services in the near future, and this development needs to be controlled.
Commercial strip developments in rural areas are contrary to the Chatham County Land Conservation and Development Plan (the “Land Use Plan”), approved unanimously by the County Commissioners in 2001. The Land Use Plan specifically calls for the preservation of rural character through, among other methods, the development of commercial centers in key areas, and thereby discourages commercial development, especially strip- commercial development and industrial development, in other areas and sensitive resource areas. Traffic congestion and the impact on the
environment are other considerations. The above-mentioned commercial centers have not yet been mapped, nor have the required site design standards for commercial development in those centers been developed.
Without highway corridor control, based on accurate commercial demand projections, the County will have little ability to control and manage such development pressures along its major corridors.
d. Public School Overcrowding: According to the Institute of for
Transportation Research and Education of North Carolina State University (the “Institute’), ten (10) of the County’s fourteen (14) schools are “out of capacity,” including all but one (1) school in northeast Chatham and the Pittsboro area schools. By 2011, according to Institute, even with the construction of a new middle school and a new high school in Northeast Chatham, and a new elementary school in Siler City, overcrowded schools in the northeast will include North Chatham and Pittsboro elementary schools, Horton Middle School in Pittsboro, along with Jordan Matthews High School in Siler City, Silk Hope, Bennett, and Bonlee elementary schools in the west. Public school overcrowding needs to be addressed by the County’s land use ordinances.
e. Public School and Other New Construction Expenses: Currently the County Capital Improvement Plan (CIP) budget includes approximately
$87 million for school construction, out of a total CIP budget of $137 million dollars. It is anticipated that approximately $137 million of that total will be financed by Certificate of Participation (COPs) installment bonds. This total is in addition to the nearly $70 million the County is already committed to in water infrastructure costs. The County is still on the drawing board in terms in dealing with sewer needs for future
residential subdivisions and that issue will need to be addressed in the County’s land use ordinances. The COPs borrowings for schools and water will place an increasing debt burden on future generations of County residents.
f. Water System Needs and Costs: Large areas of the County are on well
water and those wells are starting to pose problems. The cost for infrastructure improvements to the County’s water supply system are estimated at $70 million, including funds needed to serve the new residential development expected during the next decade. Due to these large costs and disagreement among experts about future water needs, alternative solutions, and costs, the County will need additional time to determine the most fiscally responsible way to manage the future County water needs.
g. Unzoned Areas of County Threatened by Development Pressures: Large portions of the County are unzoned, and the Commissioners have received requests from citizens for planning protection in areas threatened with additional large subdivisions that can only be served by on-site wastewater tertiary treatment using spray fields. The Chapel Ridge subdivision and adjoining subdivisions will contain approximately 1,760 large-lot
residential units when fully developed. This development is located in an unzoned area of the County and is accessed by a winding, narrow two (2) lane road about six (6) miles north Pittsboro. Similarly, a 197 unit high- end residential gated community, named Belmeade, west of Pittsboro along US 64, and the Bailey subdivision, containing 44 lots, have been approved. Friends of the Rocky River, an environmental group, has stated that these developments will threaten the water quality of the nearby Rocky River and neighbors contend they will destroy the rural, community character of their area of the County. The existing Subdivision Ordinance lacked sufficient standards to protect the neighboring property owners and the Rocky River from these
developments. Without careful planning, additional sprawl developments in the unzoned areas of the County will continue to threaten the water quality and strong farmland community in western Chatham in direct conflict with the Land Use Plan. The County's current Subdivision
Ordinance contains little in the way of an objective judgment standard that would give the County the authority to require proposed subdivisions to meet the objectives of the Land Use Plan in these unzoned areas. This situation will continue until appropriate amendments are made to the Subdivision Ordinance.
h. Disappearing Farm Land Due to Uncontrolled Residential Development:
Chatham County agriculture and agribusiness industries represent over 40% of the County’s total local income and approximately 33% of its local employment. However, the County’s farmland is facing increasing
pressure and encroachment from residential development. Moreover, much of Chatham’s farmland is located in unzoned areas of the County.
The County is also the home of one of the fastest growing sustainable agricultural economies in the State, and the County desires to utilize this local industry to promote related value-added businesses. It is also the home of a number of national and regional sustainable agriculture non- profit organizations, including the American Livestock Breeds
Conservancy, The Rural Advancement Foundation International, and the Carolina Farm Stewardship Association. Central Carolina Community College has a degree program in sustainable agriculture and the Chatham Cooperative Extension Service has established the only permanent
sustainable agriculture staff in the State. Chatham County is committed to preserving and protecting its farmland and this important growing
agriculture economy and has received recommendations from their Agriculture Advisory Committee for development of a comprehensive farmland conservation program. The County needs additional time to redraft its land use ordinances to strike a balance between preserving farmland and permitting controlled growth to move forward.
i. Sewer Unavailability in the County: The lack of a Countywide sewer system requires that all new residential and commercial developments outside of Pittsboro and Siler City rely on their own wastewater package treatment plants, tertiary treatment process with spray application, or individual septic fields. The current land use ordinances do not take into consideration the collective impact of these systems on the environment.
Additionally, many older septic systems are failing and an alternative source of wastewater treatment need to be found. This is complicated by the type of soil predominant in Chatham County. Moreover, the County recently learned from the North Carolina Department of Environment and Natural Resources (NCDENR) that all the allocations for wastewater discharge into the Jordan Lake watershed have been allocated to Wake County local governments. Moreover, the Town of Pittsboro currently is under a residential and commercial moratorium because of its own lack of sewer capacity, so that treatment option is not available to the County.
The County needs time to investigate its options with regard to sewer in order to protect an environment that is quickly becoming overburden non- urban waste treatment methods.
j. Threats to County Rivers, Streams, and Watersheds from Uncontrolled Sprawl Development: During the last four (4) years, approximately 5,000 residential lots or units have been approved within the watersheds of the Haw River and Jordan Lake. Jordan Lake is one (1) of the most eutropic lakes in North Carolina. The upper New Hope arm of Jordan Lake and the Haw River arms were designated “impaired” in March 2002 by the North Carolina Division of Water Quality draft Cape Fear Basin Wide
Assessment. In 2005 North Carolina placed all of Jordan Lake on the "NC Water Quality Assessments and Impaired Waters List" under Section 303 (d) of the Clean Water Act. The NPDES Phase II Stormwater protection with nutrient limitations will soon go into effect, likely impacting the County’s impervious surface, erosion control and other land use requirements affecting non-point discharge into the Jordan Lake watershed. Many of the approved residential and commercial
developments were located in those watersheds without adequate controls because the County’s subdivision ordinance does not contain sufficient
authority to protect the water quality in Jordan Lake, and has not been updated since the watershed have been determined “impaired”.
Although the headwaters of the Rocky River are in Alamance and Randolph Counties, over 90% of this river is located within Chatham County. This river is barely holding on as a biologically healthy ecosystem. It is a location and a breeding ground for several rare and endangered species and it is critical that these species do not become further compromised or even extinct. The expansion of the Siler City reservoir is already further threatening this river by the potential decrease in the flow of the river. Additionally, the NC Division of Water Quality has found that there are spikes in the nitrogen levels just below the discharge point for the Siler City Wastewater Treatment plant which exceed the levels found in either the Haw River or Jordan Lake and that the threat of an algae build up is significant. The phosphorous levels in the Rocky River are also rising, currently measured midway between those found in the Haw and Deep Rivers.
The County’s land use ordinances need to be amended to provide adequate protection for the County’s streams, lakes, and watersheds.
k. Town of Cary Development and Annexation Encroachment East of Jordan Lake: Relations between the Town of Cary and Chatham County were strained in 2003 when Cary proposed annexing 10,000 acres in Chatham in the Town’s Southwest Area Plan. After protests from Chatham residents, Cary removed the land from the study area for the plan. In December, 2005, both governing bodies passed resolutions agreeing to draft a joint land use plan between Jordan Lake and the Town of Cary.
During this joint planning process, Cary agreed not to accept any
additional annexation petitions for land in Chatham County. The boards held a joint meeting in February, 2007 and presented citizens with three (3) alternative land use plans for the area. The two (2) boards agreed in February not to adopt a land use plan for the area until after Chatham citizens in the affected areas have been given an opportunity to comment at public hearings and the Boards hold another joint work session. This process will take time and will require amendments to the County’s land use ordinances.
l. Out of Date Land Use Plan and Land Use Ordinances: In 2001, following an extensive County-wide participation process, the County
Commissioners adopted the Land Use Plan for the County. The County has not yet adopted a map to accompany the Plan. In addition, many of the land use ordinances both recommended and needed to carry out the objectives of the Land Use Plan have not been adopted. These include the following: development and implementation of a major corridor
ordinance, a lighting ordinance, an updated watershed protection ordinance, the designation of the location of economic development centers along the major high corridors where mixed use commercial,
office, and residential development should occur outside the municipalities, and the development of design standards for those economic development centers. Moreover, given the residential and commercial development since 2001, the Land Use Plan needs to be reviewed and updated and a land use map developed and approved.
Additionally, the current review process for subdivisions, rezoning, and conditional use permits does not provide sufficient time for citizen review and input. The current review process needs to be rewritten to provide sufficient time for a thorough and comprehensive review by the Planning Board prior to making a recommendation to the Board of Commissioners on these development requests. The lack of the foregoing has resulted in inconsistent approvals and costly litigation for the County. There have been a number of proposals to revise the current review process, including moving to conditional zoning. The County needs time to evaluate these proposals. In addition, the current Subdivision Ordinance does not provide the Planning Board and Commissioners objective judgment standards to protect neighboring properties and the County from the negative environmental, traffic, and economic impacts of major subdivisions. Finally, it has become clear that the County needs
comprehensive development, environmental, and conservation standards to use in reviewing development proposals to guide the future
development of the County. In response to these needs, the County recently appointed new members to the Planning Board and created an Environmental Review Board. These boards will require time to develop recommendations for the Commissioners.
m. Under Staffed Planning Department: The current Planning Department consists of eight (8) positions, only two (2) of whom are professional planners, and one (1) of whom has only been with the County since December, 2005. The County Commissioners have authorized the hiring of a third professional planner, but that position has yet to be filled. The Planning Department needs an increase in staff to assist in the developing of the planning ordinances and initiatives outlined above, as well as to review the onslaught of development requests and the necessary
enforcement of planning, zoning, and environmental regulations. It will be twelve (12) months before the additional professional planning staff person already authorized is hired and adequately trained for the positions.
n. Lack of a Major Corridor Ordinance: With over 55 per cent of Chatham workers commuting out of the County to jobs in the Triangle and Triad metropolitan areas and with the build-out over the next decade of the already-approved large scale residential developments containing
approximately 12,000 approved or planned residential units, including lots and units within municipalities, Chatham County needs a comprehensive transportation plan and strategy to encourage alternatives to increased road building, clogged commuter highways, and over-burdened rural roads.
For example, Triangle J estimated that by 2035 there will be an additional
28,000 employees living in eastern Chatham, virtually all of them
commuting out of the County to work. Such a comprehensive plan should include specific measures to reduce energy consumption, avoid further deterioration in air quality, and to cut down on working families' transportation costs. The County needs to adopt a major corridor ordinance, an updated land use plan, and other policy initiatives and incentives, and needs to consider a connection to a Triangle Transit System’s van pool, and bus system within Chatham County and to its bordering areas. A major corridor ordinance needs to be implemented before additional large scale residential developments are approved in the County.
o. Lack of Affordable Housing: A 2002 housing needs assessment prepared for the Chatham County Affordable Housing Coalition concluded that the upsurge in high-end housing was creating serious problems in housing affordability for working class residents. Additionally, a massive influx of low income immigrants was found to be putting serious pressure on the available rental market, which in turn has led to serious problems with overcrowding, substandard housing, and charges of housing
discrimination. Additionally, the average permit value for new residential construction rose from $190,000 in 1997 to $271,000 in 2006, an increase of 42%. At the same time, approximately one-third of the housing stock in Chatham consists of mobile homes. This has resulted in a severe
affordable housing crisis in Pittsboro and eastern Chatham, particularly in the northeast corner, as average land prices have skyrocketed. Moreover, in Pittsboro only 58.6% of the homes are owner-occupied compared to 77.2% of the homes in the County, according to the 2002 study. In
September 2005, the County formed an Affordable Housing Task Force to address these issues. The County Commissioners re-energized the
Affordable Housing Task Force in early 2007 and have appropriated funds to update the needs assessment so it can be utilized as a planning tool for developing a comprehensive affordable housing plan. Except for the Briar Chapel development approved under the County’s Compact Community Ordinance, which currently only applies to that development, the County has no affordable housing provisions in its land use regulations. The Task Force is studying the adoption of an affordable housing requirement for major subdivisions and establishing administrative and regulatory planning to insure the long term affordability and retention of affordable housing stock. The Task Force needs time to complete this study.
p. Inadequate Parks and Recreational Facilities: Currently, the County lacks adequate parks and recreational facilities. There are only two (2) County parks, the baseball field in Bynum and the new Southwest Park. At its meeting on May 7, 2007 the County Commissioners appropriated funds to acquire additional park land. The impact of the additional residential development that has already been approved will put additional pressure on the County’s existing recreational facilities. There is a critical need for
more park land in the northeast where the bulk of the residential
development is expected. The County does not own a gymnasium for use by its Recreation Department. This requires the Recreation Department to attempt to schedule the County’s youth and adult sports leagues in school gymnasiums, whose access is limited by competing school use. A Master Plan was drawn up in 1999 but it does not address the recreation needs created by the explosive development since its adoption. The Parks and Recreation Advisory Board will prepare a new Master Plan which will include consideration of the additional residential development approved during the past four (4) years. In addition, the County’s subdivision regulations need to be amended to address the lack of recreation facilities;
and
4. WHEREAS, the Board of Commissioners of Chatham County has considered and taken the following actions to address the problems or conditions set forth above:
a. New Planning Board: In February, 2007 the County Commissioners appointed new members to the Planning Board. In addition to their
explicit duties and responsibilities under the County’s land use ordinances, the Commissioner charged the Planning Board with the responsibility of:
i. Implementing the Land Use Plan,
ii. Correcting the deficiencies in the Subdivision Ordinance, iii. Educating the public on planning and zoning issues,
iv. Developing effective interactions with municipal governments in Chatham County as well as neighboring governments on planning and zoning issues; and
v. Preparing an annual report of accomplishments, goals and priorities.
b. Environmental Review Board: In early 2007 the County Commissioners established an Environmental Review Board. The Environmental Review Board was established to:
i. Establish minimum triggers for the requirement of an
environmental impact assessments for residential subdivisions and commercial and industrial developments,
ii. Provide peer review of environmental assessments required by the County’s land use ordinances,
iii. Provide advice to the County Commissioners on environmental policy and county ordinances, including the Watershed Ordinance, iv. Conduct special projects as needed,
v. Review State and Federal environmental permits and monitoring data on development projects as needed; and
vi. Work with the municipal governments of Chatham County and other jurisdictions to cooperate on environmental issues of common concern.
c. Major Corridor Task Force: In early 2007 the County Commissioners established a Major Corridor Task Force to provide development guidelines along the County’s major corridors (all State and Federal Highways in the County except NC 42, NC 22, and NC 902) as recommended by the Land Use Plan. In addition this Task Force was asked to recommend an ordinance that will insure sufficient traffic flow, protect the environment, and maintain the rural character of major thoroughfares. The Task Force is also to provide and map designated economic nodes as recommended by the Land Use Plan by outlining priority economic development locations and targeting water and sewer infrastructure.
d. Affordable Housing Task Force: The Affordable Housing Task Force was re-energized in 2007 with the appointment of several new members and asked to develop a comprehensive affordable housing plan for the County.
On May 7, 2007 the County Commissioners authorized the expenditure of the sum of $25,000 for an Affordable Housing Needs Assessment, an Affordable Housing Summit, and other educational activities related to affordable housing.
e. Fulltime Public Works Director: In the past the County has contracted with private engineering firms to provide public works services on an as needed basis. In April, 2007 the County hired David Hughes as its fulltime Public Works Director. One of Mr. Hughes’s first task will be to assist the County in studying and evaluating options to meet the water needs of the County caused by the recent explosive growth.
f. Fulltime County Attorney: In the past the County has contracted with private attorneys to provide legal services on a part time basis. In early 2007 the County Commissioners began advertising for a fulltime County Attorney. Finalist were interviewed in April and Kevin W. Whiteheart of Lumberton, North Carolina was hired as the first fulltime Chatham County Attorney. Mr. Whiteheart’s first day on the job is June 4, 2007. One of
his principal duties will be working with County boards and commissions to assist in rewriting the County’s land use ordinances.
5. WHEREAS, the County has determined that the foregoing actions or alternative courses of action have not been adequate because explosive growth continues unabated while the Planning Board and County Commissioners are attempting to address problems caused by this growth. The Planning Board and Commissioners spend most of their time reviewing subdivision plats under the existing ordinances and simply do not have
adequate time to review and redraft these ordinances to address the problems and conditions caused by the growth; and
6. WHEREAS, the County has determined that a twelve (12) month moratorium on new residential developments containing more than twenty-five (25) residential lots or units will provide the County an opportunity to correct the deficiencies in its current land use ordinances without being required to approve such development under the current inadequate ordinances; and
7. WHEREAS, the Board of Commissioners of Chatham County has determined that the moratorium imposed by this Ordinance shall terminate on June 3, 2008 and that the duration of the moratorium imposed is reasonable because that is the minimum period of time that it will take to address the problems caused by the uncontrolled growth described above. The only alternative to imposing this moratorium is to allow the continued
subdivision of land for residential development under outdated and deficient ordinances without providing the citizens of the County the necessary land development guidance and review tools required to protect the public health and safety; and
8. WHEREAS, in view of the large number of new residential developments that have been approved in the last four (4) years, and the number of new development applications that the County continues to receive, and the impact of such development on the land and people of Chatham County, the Board of Commissioners believes that a moratorium is a necessity and required in the public interest; and
9. WHEREAS, it is the expressed intent of the Board of Commissioners to lift the moratorium as soon as possible and to that end will instruct the boards and task force working on the problems and conditions necessitating the moratorium to complete their work as soon as reasonably possible so that the required ordinances will be in place and controlled development can resume at the earliest possible time for the benefit of the citizens, residents, and property owners of Chatham County; and
10. WHEREAS, the Board of Commissioners of Chatham County has determined that the following actions and plan for remediation will be undertaken during the moratorium period as provided in the schedule set forth below in order to address the problems or conditions leading to the imposition of this moratorium:
a. Major Corridor Ordinance: The Major Corridor Task Force was appointed
in 2007 and had its first meeting in March, 2007. A recommendation to the Planning Board will be made prior to December 31, 2007, a public hearing will be held prior to March 31, 2008, and an ordinance adopted prior to June 3, 2008.
b. Revised Review Process for Rezoning, Conditional Use Permits, and Subdivision Requests to provide Commissioners, Planning Department and other County departments, and the public the necessary time to review, provide, or receive input prior to approval: The Planning Board will form a subcommittee to work with stakeholders in developing proposed revisions to the planning review process for subdivisions,
conditional use permits and zoning requests. The subcommittee will make a recommendation to the Planning Board prior to October 31, 2007, a public hearing will be held prior to January 31, 2008, and an ordinance amendment adopted prior to April 30, 2008.
c. Review and Revision of the Subdivision Ordinance and Regulations: The Subdivision Ordinance and Regulations requires a thorough review and revisions including the following:
i. The review process for major subdivisions, ii. Any impact statements required,
iii. Objective judgment standards for denial,
iv. Addition of requirements for buffering of streams and wetlands, v. Incorporation of low impact design provisions,
vi. Provision for physical site assessments by the Planning Board; and vii. Provision for a pre-submittal meeting by the developer with the
citizens of the County.
The Planning Board has appointed a subcommittee to make
recommendations with regard to a rewrite of the Subdivision Ordinance and Subdivision Regulations. The recommendations will be made to the Planning Board prior to December 31, 2007. A public hearing will be held on the rewritten ordinance prior to March 30, 2008, and the new Subdivision Ordinance adopted prior to June 3, 2008.
d. Revision of Watershed Ordinance: The Watershed Ordinance requires review and updating to include protection of streams and wetland
buffering in the Ordinance, and consideration of lot-size averaging along rivers. This revision will include a comprehensive watershed approach
and not just a site by site evaluation. It is anticipated that this will take approximately twelve (12) months. The recently created Environmental Review Board has already meet and formed a subcommittee to start drafting the additional buffer requirements for this Ordinance. The Environmental Review Board will make a recommendation to the
Planning Board prior to December 31, 2007, a public hearing will be held prior to March 30, 2008, and an Ordinance amendment adopted prior to June 3, 2008.
e. Review and Updating Land Use Plan and Development of a Land Use Map: The Planning Board and staff will hold public information sessions and complete the review of the Land Use Plan and begin work on a map to accompany the updated Land Use Plan. A recommendation will be made to the County Commissioners on the Land Use Plan prior to December 31, 2007, a public hearing will be held prior to April 30, 2008, and the
updated Land Use Plan will be adopted prior to June 3, 2008.
f. Establishment of Environmental Review Standards and Procedures for Development Proposals and Provisions for Peer Review of Any Required Environmental Impact Statements/Analysis: Environmental standards will be incorporated in the County’s land use ordinances to provide guidance in reviewing rezoning, subdivision, and conditional use permit requests.
The recently constituted Environmental Review Board met on March 8, 2007 and appointed a subcommittee to draft the threshold requirements for environmental reviews for subdivisions, the standards for review, and mitigation or rejection triggers. The subcommittee will make its
recommendation to the Environmental Review Board prior to November 30, 2007, a public hearing will be held prior to January 31, 2008, and an ordinance amendment adopted prior to May 31, 2008.
g. Affordable Housing Plan: The Affordable Housing Task Force anticipates having the County’s housing needs study completed by the fall of 2007 and will scheduling an affordable housing summit prior to December 31, 2007. Based on input from the summit participations, the Task Force will have a draft affordable housing plan, including planning ordinance
provisions, completed prior to February 28, 2008. The Task Force will make its recommendation to the Planning Board prior to March 30, 2008, a public hearing will be held prior to April 30, 2008, and an ordinance amendment adopted prior to June 3, 2008.
NOW, THEREFORE, be it ordained by the Chatham County Board of Commissioners:
I. AUTHORITY. This Ordinance is enacted pursuant to the authority of Article 18 of Chapter 153A of the North Carolina General Statutes, N.C. Gen. Stat.
§153A-121, the Chatham County Moratorium Ordinance, and applicable North Carolina
case law.
II. JURISDICTION. This ordinance shall apply to all of Chatham County except for those areas included with incorporated municipalities.
III. PURPOSE. This ordinance is established to temporarily prohibit the approval of subdivisions of greater than twenty-five (25) residential lots or units, while the Board of Commissioners completes the necessary rewriting of the County’s land use ordinances and proceeds as described above to protect the environmental and fiscal assets of the County. The Board of Commissioners is committed to preserving the health and welfare of the citizens and residents of Chatham County and to preserving the scenic and aesthetic character of the County and its environs, while at the same time protecting the rights of property owners and the quality of life for all residents. The Commissioners declare that it is important to prohibit the approval and construction of such major
residential subdivisions within the County during the period while the Commissioners are taking the necessary steps needed to provide for the orderly and planned development of the County, as specified above.
The provisions of the foregoing paragraphs 2 through 10 above are incorporated herein by reference.
IV. IMPOSITION OF MORATORIUM ON THE SUBDIVISION OF LAND FOR RESIDENTIAL PURPOSES. There is hereby imposed a moratorium on the subdivision of land, as defined in the County’s Subdivision Ordinance, into lots or units for residential purposes, except as provided in Section V below. This is a limited moratorium which applies only to the creation of new subdivisions. It does not affect construction on previously approved residential subdivision lots. It is unlawful and a violation of this Ordinance to create or cause to be created any subdivision for residential lots or units, whether by means of the recording of a plat or by metes and bounds
description, or by any other means during the moratorium period, unless such subdivision falls within the terms of one (1) of the exceptions specified in Section V. This
moratorium shall continue in full force and effect until June 3, 2008, unless sooner terminated in whole or part, or modified due the completion of the revised land use ordinances outlined above as determined by the Board of County Commissioners.
The subdivision of land and development of residential land uses in violation of this Ordinance shall constitute a misdemeanor pursuant to N.C. Gen. Stat. § 14-4 and shall subject the offenders to a penalty of $500. Each week’s continuing violation shall be a separate and distinct offense.
V. LIMITATIONS ON MORATORIUM. This moratorium shall not apply to the following:
(1) Any development determined to be vested pursuant to N.C. Gen.
Stat. § 153A-344.1.
(2) Any development for which substantial expenditures have already been made in good faith reliance on valid administrative approval.
(3) Any sketch, preliminary, or final subdivision plat that has been accepted for review by the County prior to the call for the public hearing on May 7, 2007 to adopt the moratorium.
(4) Any subdivision containing twenty-five (25) or fewer residential lots or units on a single tract or parcel of land existing as a separate tract or parcel as of May 7, 2007.
VII. SEVERABILITY. If any portion of this Ordinance is deemed
unconstitutional or unenforceable by a court of competent jurisdiction, the remainder shall remain in full force and effect.
VIII. ENFORCEMENT. This ordinance may be enforced by any legal or equitable remedies including, but not limited to, injunctive relief.
IX. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after adoption.
ADOPTED THIS THE _____ DAY OF JUNE, 2007, BY THE CHATHAM COUNTY BOARD OF COMMISSIONERS.
____________________________________
Chairman, Board of County Commissioners
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