Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the UDO Amendments topic
No spam. Unsubscribe anytime.
Planning board approves UDO edits to clarify 'surrounding' language after Wake Forest ruling
Summary
The board approved amendments to the Unified Development Ordinance that insert the word 'all' before instances of 'surrounding' in multiple sections to reduce ambiguity identified by recent case law; staff said the edits align current practice with legal guidance.
The Apex Planning Board on Aug. 11 approved a package of amendments to the town’s Unified Development Ordinance intended to clarify the meaning of the term "surrounding" after recent court guidance in a Wake Forest case.
Staff said the amendments — prepared with the town’s legal department — insert the word "all" before "surrounding" in multiple UDO sections and add clearer phrasing for areas affected by cul‑de‑sacs and other development configurations. The changes respond to a N.C. Supreme Court ruling (SchoolDev LLC v. Town of Wake Forest) that staff said found the word "surrounding" could be too ambiguous without additional qualifiers.
The presentation noted that staff’s prior interpretive practice typically treated "surrounding" as meaning all adjacent areas; the amendments are intended to remove ambiguity and codify that interpretation rather than change substantive application. The board moved and approved the amendments by voice vote.
Staff will transmit the adopted amendments to Town Council as the next step in the local ordinance amendment process.
