Planning Board backs UDO amendment to move erosion rules to standalone ordinance, tightens performance‑guarantee authority

The Mooresville Planning Board recommended that the Town Board adopt text amendment TA‑25‑08 to remove erosion and sedimentation control provisions from the Unified Development Ordinance and consolidate those rules in a standalone erosion and sedimentation control ordinance. Planning staff said the town plans to begin processing and inspecting erosion and sedimentation control permits in 2026.

Staff also proposed revisions to the town’s performance‑guarantee process: guarantees will be phased to project phases rather than by map, instruments (surety bonds, letters of credit or cash) will remain acceptable, guarantees will automatically expire after 12 months unless renewed with an updated engineer’s estimate, and a new finance tracking system will be instituted to ensure guarantees remain in place until work is complete. Staff referenced North Carolina statute during the presentation and said the new ordinance follows a model ordinance (as discussed in the staff presentation).

Board members questioned language in the draft that used the word “town” to describe who may grant extensions to performance guarantees. To clarify decision authority, the board asked staff to replace “town” with the planning director and the public services director; staff agreed to revise the text. After the edits were discussed, Mr. Mack moved and Mr. Perez seconded a recommendation to the Town Board to adopt TA‑25‑08 with the specified changes; the motion carried by voice vote.

What this means: The UDO will no longer duplicate erosion and sedimentation requirements once the standalone ordinance is adopted; the performance‑guarantee changes are intended to improve financial oversight, limit the number of guarantees per project, and require updated engineer estimates for renewals.

Next steps: Staff will revise the TA text to reflect the change in decision authority and forward the text, analysis and recommendation to the Town Board for final consideration.