ATTACHMENT 1

DRAFT ORDINANCE

(Not Recommended)

(Moratorium)

AN ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON THE CONSIDERATION OF REZONING PROPOSALS AND THE ACCEPTANCE OF NEW APPLICATIONS FOR SPECIAL USE PERMITS, MAJOR SUBDIVISIONS AND SITE PLAN REVIEW WITHIN THE NORTHERN STUDY AREA OF CHAPEL HILL (2008-01-14/O-7)

WHEREAS, the Council of the Town of Chapel Hill has considered a proposal to amend the Zoning Atlas to extend a temporary moratorium on Rezoning applications, Special Use Permit applications, Major Subdivision applications and Site Plan Review applications in the Northern Study Area of Chapel Hill excluding that portion of the area in the Joint Planning Transition Area;

The description of the area subject of the moratorium is indicated on the attached map.

NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill:

SECTION I

Statement of the problems or conditions necessitating the moratorium and what courses of action, alternative to a moratorium, were considered by the Town and why those alternative courses of action were not deemed adequate.

[INSERT HERE]

SECTION II

Statement of the development approvals subject to the moratorium and how a moratorium on those approvals will address the problems or conditions leading to imposition of the moratorium.

[INSERT HERE]

SECTION III

Date for termination of the moratorium and a statement setting forth why that duration is reasonably necessary to address the problems or conditions leading to imposition of the moratorium.

[INSERT HERE]

SECTION IV

Statement of the actions, and the schedule for those actions, proposed to be taken by the Town during the duration of the moratorium to address the problems or conditions leading to imposition of the moratorium.

[INSERT SCHEDULE HERE]

SECTION V

New facts and conditions that warrant the extension of the moratorium

[INSERT HERE]

Statutory Exceptions to the Ordinance

SECTION VI

This ordinance shall become effective on the date it is approved by the Town Council of the Town of Chapel Hill. It shall remain in effect until __________________ in accordance with its terms except that, as provided in G.G. 160A-381, this ordinance shall absent an imminent threat to public health or safety not apply to: 

• any project for which a valid building permit issued pursuant to G.S. 160A‑417 is outstanding,
• any project for which a conditional use permit application or special use permit application has been accepted,
• development set forth in a site‑specific or phased development plan approved pursuant to G.S. 160A‑385.1,
• development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, or
• preliminary or final subdivision plats that have been accepted for review by the Town prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for review by the Town prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium.

This the____day of ___________, 2008.