By Gene Galin
Pittsboro, NC – In the second part of our conversation, planning board member Eric Andrews delves into the intricacies of Chatham County’s Unified Development Ordinance (UDO), highlighting potential challenges for businesses, developers, and homeowners. The UDO, intended to streamline county regulations and manage growth, has sparked debates on issues ranging from building expansion limits to landscaping and solar energy requirements. As the county prepares for new developments, Andrews raises concerns about whether these regulations could stifle growth and place unnecessary burdens on the local economy.
Introduction to the UDO: A Balancing Act for Growth and Regulation
The Chatham County UDO is a comprehensive set of regulations designed to guide the county’s growth and development while balancing environmental concerns, economic development, and community needs. The ordinance aims to ensure that new developments are compatible with the rural character of Chatham County, all while promoting sustainability. However, as Eric Andrews, a local real estate expert, suggests, the UDO could have unintended consequences, particularly for small businesses, developers, and those seeking to expand their operations or build homes.
During our conversation, Andrews discussed various elements of the UDO, expressing concerns about specific regulations that could hamper growth and economic development in the county.
Chapter 4: Building Expansion Limits – Too Restrictive?
One of Andrews’ primary concerns lies in Chapter 4 of the UDO, which deals with limits on building expansions. Currently, businesses in Chatham County must adhere to strict rules when expanding their physical footprint. Under the new regulations, any business that expands by more than 10% must bring its entire building up to current code, a requirement that could pose significant financial challenges for small and medium-sized businesses.
Andrews believes that this threshold is too restrictive. “In most parts of the country, the norm is 25 to 50%,” he explains. He worries that the 10% rule could discourage local businesses from expanding or upgrading their facilities, ultimately driving them to neighboring counties where regulations might be more flexible.
For example, a small restaurant or retail store wishing to add more seating or storage space could find itself facing expensive upgrades to meet the county’s latest codes for parking, landscaping, lighting, and energy efficiency. “The last thing we want to do is thwart business growth and make it unaffordable for people to do business in Chatham County,” Andrews warns.
Solar Requirements: Good Intentions, But Is It Necessary?
Another area of the UDO that has caught Andrews’ attention is the requirement for large commercial buildings to include solar energy infrastructure. Buildings of 100,000 square feet or more will be mandated to install solar panels, part of the county’s broader effort to promote sustainability and reduce carbon emissions.
While Andrews supports renewable energy initiatives, he questions whether making solar installations mandatory is the right approach, particularly for smaller developers. “Many large companies already include solar in their business plans,” he notes, citing tech giants like Google as examples. However, Andrews is concerned that smaller companies or developers, who may not have the financial resources of large corporations, could be burdened by the costs of complying with this requirement.
“I just worry about making it a requirement,” he says, adding that while solar power is beneficial, it might not always be the best fit for every business. Andrews advocates for strong recommendations instead of hard-and-fast rules, allowing businesses to choose solutions that work best for them while still promoting sustainability.
Landscaping Plans: A Double-Edged Sword?
Perhaps one of the most contentious topics Andrews touches on is the UDO’s new landscaping requirements. The ordinance mandates significant investments in landscaping, including the installation of 10-foot trees and irrigation systems. While the intention is to beautify new developments and preserve the natural environment, Andrews is concerned about the financial impact on developers.
“The size of the trees required is a huge expense,” he explains. For developers working on projects such as residential subdivisions or commercial properties, this could add hundreds of thousands of dollars to their overall costs. “That cost doesn’t just affect the developers,” Andrews warns. “It gets passed on to the consumer, making housing and business spaces more expensive.”
Moreover, Andrews points out that the requirement for large trees may not be the most sustainable solution. “Research has shown that smaller plants actually have a higher rate of survivability,” he says, arguing that the UDO’s landscaping rules may not have been fully thought through, particularly in terms of long-term environmental and financial impacts.
The UDO’s rules also extend to parking lots, where businesses are now required to surround parking areas with hedges and other vegetation. While this may improve the aesthetic appeal of commercial areas, Andrews and others have raised concerns about security risks. “Vegetation can provide hiding spots for criminals,” Andrews notes.
Electric Vehicle Charging Stations: Is Chatham County Ready?
The UDO also includes a forward-looking requirement for electric vehicle (EV) charging stations in new developments. As electric vehicles gain popularity, the county wants to ensure that its infrastructure is prepared for the shift away from gasoline-powered cars. However, Andrews cautions that the demand for EV charging stations may not yet be high enough to justify this requirement.
“I think we’re jumping the gun a little bit,” Andrews says. He argues that the free market should dictate whether apartment complexes and other developments include EV charging stations. “If electric vehicles become more popular, developers will want to provide charging stations to attract tenants,” he reasons. Forcing developers to include charging stations now, when demand is still relatively low, could result in unnecessary expenses that, once again, get passed on to consumers in the form of higher rent or purchase prices.
Chapter 6: Redefining Open Space – A Key Concern for Developers
One of the most significant changes in the UDO relates to the definition and calculation of open space. According to Chapter 6, only 10% of riparian buffers—areas set aside to protect streams and wetlands—can be counted as open space in new developments. Riparian buffers are critical for environmental protection, but Andrews believes the new rules are too restrictive.
“Across most of the country, 50 to 100% of riparian buffers are counted as open space,” he explains, citing guidelines from the American Planning Association. He worries that limiting this to 10% will force developers to set aside more prime land for open space, potentially driving up costs and limiting the amount of land available for development.
“This is going to have a huge impact on affordable housing,” Andrews warns. “Developers are going to be forced to raise prices to cover the additional costs, and that’s going to make it harder for people to find affordable homes in Chatham County.”
A Call for Balance in Future Development
As Chatham County continues to grow, its leaders face the challenge of managing development in a way that preserves the area’s rural character while promoting economic growth and sustainability. The UDO is an important tool for achieving these goals, but as Eric Andrews’ insights demonstrate, some of its provisions could have unintended consequences.
From restrictive building expansion limits to costly landscaping and solar requirements, Andrews believes the UDO needs to strike a better balance between promoting sustainability and allowing businesses and developers the flexibility they need to thrive. “We need to make sure we’re not stifling growth,” he emphasizes.
While Andrews supports many of the UDO’s goals—such as protecting riparian buffers and encouraging renewable energy—he advocates for a more flexible, market-driven approach that takes into account the needs of local businesses, developers, and residents.
“I think it’s important for the county to listen to feedback from the business community and developers,” Andrews says. “We all want what’s best for Chatham County, but we need to make sure we’re doing it in a way that makes sense for everyone.”
As the county moves forward with its development plans, the conversation surrounding the UDO is far from over. Local leaders will need to carefully consider how to balance growth, sustainability, and affordability to ensure that Chatham County remains a vibrant and welcoming place for residents and businesses alike.