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LEGISLATIVE RESEARCH CENTER
File #: 23-4671    Version: 1
Type: Resolution Status: Passed
File created: 2/3/2023 In control: Planning
On agenda: 3/20/2023 Final action: 3/20/2023
Title: Vote on a request by Mark Ashness with CE Group to approve a resolution transferring 10/70 watershed development rights from the county to the Town of Siler City for property within the town's extraterritorial planning jurisdiction.
Indexes: Comp Plan Goal 4: Diversify the tax base and generate more high-quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting.
Attachments: 1. 1-SC Request 3-6-2023, 2. 2-boc resolution 10-70 Transfer SC, 3. 3-200-138_WS III-BW ASSIGNMENT EXHIBIT 2023 01 17, 4. 4-SC ETJ Expansion Plats_2002_20020494.tif_doc, 5. Resolution to Transfer 10 70 Development Rights Watershed
TITLE
Vote on a request by Mark Ashness with CE Group to approve a resolution transferring 10/70 watershed development rights from the county to the Town of Siler City for property within the town's extraterritorial planning jurisdiction.

ABSTRACT

Action Requested:
Vote on a request by Mark Ashness with CE Group to approve a resolution transferring 10/70 watershed development rights from the county to the Town of Siler City for property within the town's extraterritorial planning jurisdiction.

Introduction & Background:
In 1993, the Legislature required local governments with surface water supply intakes to adopt watershed protection rules in order to protect those drinking supplies. The county adopted those rules in 1993 which became effective in 1994. The town also adopted watershed protection rules for areas within their planning jurisdiction. The request is being submitted to transfer the 10/70 development rights for areas within the town's extraterritorial planning jurisdiction (etj) expansion in 2002 from the county.

Discussion & Analysis:
In 2002, the Town of Siler City Board extended the town's extraterritorial planning jurisdiction (etj) as depicted on the attached map. The Board of Commissioners were approached by town staff about the etj expansion and voted unanimously in support. Based on files in the planning department, apparently there was no discussion or action regarding transferring the 10/70 watershed rule from the county to the town for property within the etj expansion area. It was recently brought to the attention of town and county staff by CE Group that the transfer had not occurred. It has been county staff's understanding that the town controlled the 10/70 rule within the area shown in orange on the map labelled "Siler City ETJ WS-III BW Assignment Exhibit". Additionally, the town enforces their watershed protection regulations within this area because of the etj expansion in 2002.

The 10/70 rule is an option available to local gov...

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