Mooresville officials push UDO changes to adopt local erosion‑control ordinance and tighten developer guarantees
Summary
Planning staff presented TA‑2025‑08 to remove erosion control from the Unified Development Ordinance after adopting a stand‑alone Chapter 27 ordinance, and proposed changes to performance guarantees including phase‑based amounts, a new agreement form, 12‑month expirations with renewals, and a new finance tracking system; first reading and implementation dates were provided.
Planning and engineering staff told the board they are advancing text amendments to the towns Unified Development Ordinance to streamline erosion and sedimentation control and to strengthen developer performance guarantees.
James Coley, representing Planning & Community Development, said the town adopted a stand‑alone Chapter 27 erosion‑control ordinance based on the NCDEQ model and will therefore remove overlapping erosion‑control references from the UDO (TA‑2025‑08). He said local requirements will be stricter than state minimums and that the town will now issue erosion‑control permits and perform inspections locally.
On performance guarantees, Coley explained the amendments will align with best practices by clarifying coverage, shifting to phase‑based guarantee amounts rather than one‑size flat maps, and introducing a new performance‑guarantee agreement that outlines a detailed scope of work. "Those bonds are going to expire after 12 months and have to be renewed," he said, adding that the finance department will implement a tracking system to ensure guarantees remain valid until work is complete.
Commissioners raised questions about developer experience and administrative burden. Staff acknowledged the changes will increase administrative work for both developers and town staff but said the reforms improve financial risk management and protect taxpayer dollars when projects have shortfalls.
Ashton Walker, engineering services manager, described the NCDEQ delegation process and said the state requested removal of some specific penalty language and instead recommended that detailed penalty criteria be placed in an administrative policy. Walker provided a near‑term schedule: a first reading of the text amendment on "the twentieth," a second reading on Feb. 2, Sedimentation Control Commission review at its next quarterly meeting (Feb. 5), and a planned program implementation date of March 1.
No formal vote adopting these changes was recorded in open session; staff indicated the item will proceed through the required readings and state review before local implementation.
