UDO changes on tonight's agenda
Terri Buckner
Dear Commissioners,
After reviewing the staff proposed changes to the county's Unified Development Ordinance (UDO), I request that you delay approval of item 5a on tonight’s agenda until you have more community input. Here are my concerns and some suggestions.
First, the proposed changes appear to 1) redefine the different types of subdivisions currently addressed in the UDO, and 2) assign “by right” benefits to a subdivision of less than 21 lots. But without a marked up version of the changes, it’s hard to know exactly what changes are being proposed and what impact those changes might have on existing neighbors. I don’t always understand the language used in the UDO, but I’m a pretty competent reader and I can’t tell based on what you are being asked to approve. Please request a marked up copy of the changes before you vote.
One thing I feel pretty confident that I do understand is that under these changes, infill projects will be treated as minor subdivisions. To me that means that if my neighbor decides to tear down his single family home and build a 20-unit apartment building on his lot, I won’t know anything about that change until the bulldozers show up. That might not be a big deal for someone on a 10-acre lot. But for someone on a ½ acre of less, it’s a lot of noise and loss of privacy.
By-right development provides new freedoms for developers but they remove the rights of neighbors to have any say in the project either through the Planning Board review or neighborhood notifications.
While I understand that the current review and approval process is slow and cumbersome and some aspects need to be modified to align with changes in state law, I don’t feel like the proposed changes, as currently outlined, respect the rights of existing residents.
This process is playing itself out in Carrboro today. A one-acre tract in a small, historically black neighborhood of less than 15 homes has been subdivided into 3 new lots and all construction is "by-right." Neighbors knew nothing about the new construction until they woke up early one morning to the land being clearcut. There is no option for the neighbors to object to new homes that are more than twice the size of existing homes. For one neighbor, the new construction will be located right up next to her property line and her bedroom windows. An existing neighborhood business will lose a portion of their parking lot. And we all know that when the next property assessment is conducted, those existing homes will be facing higher tax bills.
By-right development doesn't have to stomp all over the rights of existing neighbors. The county could insist that our local use of by-right development be adapted to respect the rights of existing neighbors. Policy can always be molded to our local values but only if we understand the damage that can be done in the future if we don't think through the long-term impacts of policy changes. That’s why I’m asking you to not adopt the staff proposed changes to the UDO without more public input.
Here are just a few policy adaptations I would like to see included in any changes to the UDO before the modifications in front of you tonight are adopted:
Surrounding neighbors must be notified at least 30 days before any land is cleared or construction begins.
At least one neighborhood in-person meeting must be held, prior to any changes to the land, to explain to the neighbors the scope and timeline for the project and answer any questions.
All new development must include stormwater mitigations for the full subdivision, including ADUs.
All new construction must be similar in size and appearance to existing homes.
Heavy equipment may not be operated before 8 am or after 6 pm M-F, before 9 am or after 6 pm on Saturday, and may not operate on Sundays.
Thank you for your consideration.
Terri Buckner
Jean Hamilton
Jean Hamilton, Chair
Orange County Board of Commissioners
Sent: Tuesday, September 1, 2026 12:48 PM
To: ALL_BOCC_MANAGER_CLERK <OCB...@orangecountync.gov>
Subject: UDO changes on tonight's agenda
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