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HomeMy WebLinkAboutAgenda - 06-21-1999 - 10bk ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No. to =6 ACTION AGENDA ITEM ABSTRACT Meeting Date: June 21, 1999 SUBJECT: WATER AND SEWER MANAGEMENT PLANNING AND BOUNDARY AGREEMENT DEPARTMENT: Planning ATTACHMENT(S): "Final" version (4/30/99) of the Water and Sewer Management Planning and Boundary Agreement. PUBLIC HEARING: (Y/N) INFORMATION CONTACT: Gene Bell TELEPHONE NUMBERS: - - ext. 2589 Hillsborough 732 -8181 Chapel Hill 968 -4501 Durham 688 -7331 Mebane 227 -2031 PURPOSE: To receive a report on the work of the Water and Sewer Service Boundary Task Force and review the "final" version of the Water and Sewer Mangement Planning and Boundary Agreement. BACKGROUND: The elected boards of Orange County, Chapel Hill, Carrboro and Hillsborough and the appointed Orange Water and Sewer Authority (OWASA) Board of Directors adopted resolutions in April 1994 to create a Water and Sewer Service Boundary Task Force to develop water and sewer service boundaries for the County's service providers. Commissioner Moses Carey served as chair of the Task Force that began meeting in June 1994. In December 1994, the Task Force issued a preliminary report with a "straw" set of service boundaries, accompanied by a list of inter - related objectives to be addressed. In 1995, the elected and appointed boards passed resolutions agreeing at different levels of detail with the initial report, and charged the Task Force to continue meeting to work through the issues and service boundaries. After almost five years of diligent work, the Task Force is pleased to present the "final" version of the Water and Sewer Management Planning and Boundary Agreement. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends that the Board receive the report for information only at this time. h: \bocc \wsbtfabs.rtfl6- 14 -99 \gb • 2 FINAL 4/30/99 WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT THIS AGREEMENT, made and entered into this day of , 1999, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina; the TOWN OF CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF HILLSBOROUGH, municipal corporations duly created and existing under the laws of North Carolina; and the ORANGE WATER AND SEWER AUTHORITY, a public water and sewer authority duly created and existing under Chapter 162A, Article 1 of the North Carolina General Statutes. WITNESSETH: In consideration of mutual benefits regarding the definition of water and sewer service boundaries and the management and planning thereof, the parties to this agreement hereby mutually agree as follows: A. Charge to the Water and Sewer Boundary Task Force Since the mid- 1980's, several attempts to define water and sewer service boundaries for Orange County and the municipalities of Chapel Hill, Carrboro and Hillsborough have been undertaken. In 1994, a Task Force was formed consisting of elected officials from Carrboro, Chapel Hill, Hillsborough and Orange County, as well as two members of the Orange Water and Sewer Authority Board of Directors. The charge to the Water and Sewer Service Boundary Task Force is attached as Appendix B. B. Purpose of Water and Sewer Boundary Agreement 1. To provide a comprehensive, County -wide system of service areas for future utility development and interest areas for dealing with private water and FINAL 3 4/30/99 wastewater system problems in areas without public water and sewer service. 2. To complement growth management objectives, land use plans and annexation plans in existing agreements, such as the Orange County - Chapel Hill - Carrboro Joint Planning Agreement and Joint Planning Area Land Use Plan 3. To resolve in advance and preclude future conflicts about future service areas and annexation areas. 4. To provide for predictable long -range water and sewer capital improvement planning and financing. 5. To provide for limitations on water and sewer service in certain areas, as defined. A. Effective Date of the Agreement This agreement shall become effective upon execution by all of the parties and signature by the chief elected or appointed official. B. Term of Agreement This agreement shall remain in effect for five (5) years from its execution, and shall be renewable as provided in the following subsection. C. Procedure for renewal At the end of each five -year term, the agreement shall renew automatically, unless written notice is provided of intent to withdraw as noted in subsection E below. 2 i FINAL 4 4/30/99 D. Procedure for proposing and acting on changes in agreement including boundaries 1. Any change to the agreement (including boundaries) requires approval of all parties to the agreement. 2. The addition of other parties to this agreement shall be by consent of the current parties. E. Procedure for withdrawal from /decision not to renew the agreement 1. A party may not withdraw from the agreement, until it holds a public hearing on the proposed withdrawal followed by written notice to the other parties within 30 days of the public hearing. The withdrawal shall be effective one (1) year following receipt by the other parties of the written notice. 2. If a party to the agreement withdraws as provided above, the agreement remains in effect as to the other parties until all but one party withdraws in the manner provided for the in this agreement. F. Accountability of Future Parties 1. Future utility providers that wish to become parties of this agreement must be financially and technically capable of providing water /sewer service to address public health emergencies or other identified public facility needs, as defined by the parties of the boundary agreement. The provider must have adequate system capacity, technical capability and financial assets to address system problems within its interest area without compromising service to current customers. 3 FINAL 5 4/30/99 G. Courtesy Review of Development Proposals Within Service and Interest Areas The water and sewer providers that are parties to this agreement will be provided courtesy review and the right to provide written input into utility design and the provision of easements for all new major subdivisions and other residential and non - residential site plan approvals within their service area and interest area. The party to this agreement with development plan review authority shall retain approval authority for all development proposals within its planning jurisdiction. H. Linkage with the Orange County- Chapel Hill - Carrboro Joint Planning Agreement and other future agreements This agreement shall be made part of the Orange County- Chapel Ell- Carrboro Joint Planning Agreement, by reference, and to any future cooperative planning agreements that may be entered into among some or all of the parties. Termination of the Joint Planning Agreement or any other cooperative planning agreement does not terminate this agreement. Termination of this agreement can only be accomplished as provided in this agreement. Similarly, the withdrawal of a party from the Joint Planning Agreement or from any other cooperative planning agreement does not constitute withdrawal from this agreement. Withdrawal from this agreement can only be accomplished as provided in this agreement. Primary Service Area: An area where water and/or sewer service is now provided, or might reasonably be provided in the future, according to adopted plans (hereinafter referred to as "service area" )l. `. As per the map in Appendix A, the Town of Hillsborough Long -Term Interest Area and Primary Service Area are combined and for purposes of this agreement is its Primary Service Area. M 0 FINAL 4/30/99 OWASA Long -Term Interest Area: An area (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, OWASA will be the responsible utility service provider. Long -Term Interest Areas are not service areas, and do not include areas outside of Orange County. OWASA's Long -Term Interest Area is hereinafter referred to as OWASA's "interest area." Orange County Long -Term Interest Area: The areas of Orange County planning jurisdiction (as shown on the Water and Sewer Service Boundary Map, which is Appendix A) not part of a Primary Service Area or another Long -Term Interest Area within which public water and/or sewer service is not anticipated to be made, but if such services are to be provided, Orange County will be responsible for coordinating the provision of utility service. Long -Term Interest Areas are not service areas, and do not include areas outside of Orange County. Orange County's Long -Term Interest Area is hereinafter referred to as Orange County's "interest area." Essential Public Facility: A publicly -owned facility, or a facility wholly financed by Federal, State or local government (or a combination thereof) that provides a service for the health, safety and general welfare of County residents (for example, a school, fire station, public safety substation or solid waste convenience center). Adverse Public Health Condition: An Adverse Public Health Condition exists in the case of a wastewater system(s) when it is (1) failing, (2) documented to be failing by the Orange County Health Department, and (3) no on -site repair is approvable or recommended by the Orange County Health Department; or, in the case of a well water supply system, it meets all of the following criteria: ♦ the well water supply system is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; . 5 FINAL 4/30/99 ♦ the well water supply system is not reparable to the point where the contamination can be eliminated; ♦ the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of disease or serious health effects is eliminated; ♦ there is no alternate location on -site for a new well water supply system which can be permitted under Orange County Health- Department regulatory criteria in effect at the time of the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. A description of these terms and their application is provided in Section VI of this Agreement. Public Water or Public Sewer Service: The provision of water and/or sewer service by a party to this agreement. This definition does not include consulting services and/or technical assistance services. Emergency Water Transfer: Any short-term transfer of raw water supply or finished drinking water supply from one service provider to assist another service provider in meeting water needs during: a) unanticipated disruptions or emergencies relating to raw or finished water supply. Such disruptions or emergencies may result from events including, but not limited to: (i) human error; ii) equipment or power failure; iii) supply contamination; iv) major fires, floods, droughts or other disasters; and v) operations or facility maintenance activities, or b) periods when temporary, short-term disruption of water supply or finished water service may occur as a result of • 6 0 FINAL 4/30/99 planned or unplanned maintenance of major water supply, pumping, transmission, treatment, or storage facilities. Non - Emergency Water Transfer: Any transfer from one water - service provider to another water service provider of raw water supply or finished drinking water supply which is not an emergency water transfer. Wastewater Transfer: Any transfer from one wastewater service provider to another wastewater service provider. Water and /or Sewer Provider: A municipal corporation, county, private non - profit water system, or public water and sewer authority under the N.C. General Statutes that provides water and/or sewer service to the public. A. Service Areas and Interest Area Boundaries The service area and interest area boundaries are as shown in Appendix A. B. Adherence to Boundaries The boundaries on the map (Appendix A) define the areas in which the parties may provide water and sewer service, and no party to this agreement shall extend service beyond the designated boundaries, except as provided in this agreement (Sections VI.B, VI.C, VI.D, VIT, VILA, VII.B, VII.C)3. In no case shall service be extended beyond the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill, Carrboro and OWASA. 3. Parenthetical phrase to be left in until agreement is adopted. 7 FINAL 4/30/99 A. Policy Issues Planning and growth management issues are influenced by the location of water and sewer. This agreement is not intended to supersede other land use agreements made by the local governments. B. Procedures for the provision of service within the Service Areas and Interest Areas 1. When water and sewer service provision is required to address an adverse public health condition, or to provide service to an essential public facility, the designated provider for the service area or interest area shall have the right of first refusal to provide such service. 2. Within the service areas and interest areas, the water and sewer provider will agree to provide service, as defined in this agreement, as system capacity, financial resources, and other reasonable utility considerations allow, and as provided in this agreement. C. Policy of "first- refusal" 1. The designated water and sewer provider within a service area or interest area has first right to provide service if an adverse public health condition or essential public facility service need is established, and public water or public sewer service is determined to be required to address the adverse public health condition. 2. If the designated water and sewer provider declines to provide service, it must notify the other parties to the agreement with a statement of rationale. .g PO 10 FINAL 4/30/99 3. The designated water and sewer provider may contract with another service provider to address the situation, in the manner prescribed in Section VI of this agreement, upon consultation with other jurisdictions. 4. If no other water and sewer provider is available, Orange County retains the right to address the adverse public health condition or essential public facility need in the manner prescribed in Section VI of this agreement. D. Other Extension and Management Responsibilities 1. Reserved A. Prohibitions and Limitations on Extension Into Interest Areas The development of land within interest areas is not projected to occur at urban densities, and therefore, public water and sewer service shall be prohibited in these areas, except as provided in this agreement {Section VI.B, VI.C, VI.D, VIX, VII.A, VII.B, VII.0 }3. Individual on -site and small /community -scale alternative water supply and wastewater treatment systems not physically connected to central systems will be the primary methods of meeting the water and sewer service needs of existing and future development. 3. ibid B. Adverse Public Health Conditions An exception to the prohibition of public water and sewer service in interest areas may be made to allow the extension of lines in the event the Orange County Health Department documents an "adverse public health condition." 9 FINAL 11 4/30/99 An adverse public health condition exists where: 1. In the case of existing wastewater system(s), it meets all of the following criteria: the wastewater system is failing; ♦ the wastewater system is documented to be failing by the Orange County Health Department; ♦ there is no on -site repair approvable or recommended by the Orange County Health Department. The following terms used in the criteria above mean: Failing Wastewater System: A wastewater system is failing when sewage or effluent is seeping or discharging to the ground surface or to surface waters. A permitted, properly - functioning non - discharge wastewater system (e.g., a spray - irrigation system) and a permitted, properly - functioning discharge system are not failing wastewater systems. Approvable On -Site Repair: An approvable on -site wastewater system repair that can be completed in a designated repair area. which is approvable under Orange County Health Department regulatory soil /site criteria in effect at the time of the needed repair. Recommended On -Site Repair: A recommended on -site repair is one that is not an approvable on -site repair, but is one that in the best professional judgement of the Orange County Health Department will reasonably enable the system to function properly. A recommended on -site repair may incorporate engineered design (a design certified by an engineer to overcome all soil /site limitations in the particular situation), site or system modification, flow reduction or other measures calculated to improve functionality of the system. 2. In the case of an existing well water supply system(s), it meets all of the following criteria: 10 FINAL 12 4/30/99 ♦ the well water supply system is contaminated with a microbial, chemical or other agent which is known to cause disease or other serious health effects; ♦ the well water supply system is not reparable to the point where the contamination can be eliminated; ♦ the water from the well water supply system is not treatable prior to withdrawal to the point where the threat of disease or serious health effects is eliminated; ♦ there is no alternate location on -site for a new well water supply system which can be permitted under Orange County Health Department regulatory criteria in effect at the time of the contamination or an alternative site is unacceptable because widespread existence of contamination or because of the potential of contaminant migration to the alternate site. The following terms used in the criteria above mean: Well: A well is any excavation that is cored, bored, drilled, jetted, dug or otherwise constructed for the purpose of locating, testing, developing, draining or recharging any ground water reserves or aquifer, or that may control, divert, or otherwise control the movement of water from or into any aquifer. Well Water Supply System: A well water supply system is any well that is intended for use or is usable as a source of water supply for domestic use (including household purposes, farm livestock, or gardens) and the pump and pipe used in connection with or pertaining thereto, including well pumps, distribution pipes, plumbing pipes, tanks, fittings, and water treatment devices. * 11 13 FINAL 4/30/99 3. The Orange County Health Department makes the determination when an adverse public health condition exists, and will make a recommendation on the appropriate remedy to the governmental entity(ies) in the appropriate interest area. The final decision to use any particular means or tool for rectifying any particular adverse public health condition remains, through zoning regulations or other land use ordinances, with the governmental entity or entities having zoning or planning jurisdiction over the area where the adverse public health condition exists. In the Orange County - Chapel Hill - Carrboro Joint Planning Area, the Joint Development Review Areas shall be used to determine which of the JPA parties shall jointly decide on the appropriate means or tool for rectifying an adverse public health condition. Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except to remedy another adverse public health condition. C. Sizing of Lines Extended Into Interest Areas The extension of public water or public sewer lines into an interest area shall be sized so as only to serve the intended use, as defined in this agreement. However, in the case of a public water line extension, provisions shall be made to address adequate line sizing for pressure and volume considerations. D. Controlling Access to Lines In Interest Areas Public water or public sewer lines extended to provide service to an adverse public health condition or essential public facility cannot be used for other purposes or other parties, except to remedy another adverse public health condition. 12 FINAL 14 4/30/99 E. Siting of Essential Public Facilities Within Interest Areas The location of some essential public facilities, particularly schools, requires special consideration for access to public water and sewer lines. Where possible, schools shall be sited in a manner that promotes the efficient use of existing water and sewer service. Preferably, a set of criteria governing such situations would be developed based on consultations between the appropriate school boards and the elected officials of affected jurisdictions, and applied as necessary. Publicly -owned facilities other than a public school shall be located in a manner that promotes the orderly provision of water and sewer service. The preferred method of connection is to lines that already exist, or in a manner that would minimize the need to extend existing lines. F. Water and Sewer Service Into /Out of Orange County Recognizing the land use implications of public water and public sewer service in adjacent counties on jurisdictions within Orange County, water and sewer service of any of the service providers that are parties to this agreement shall not be extended outside of the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill, Carrboro and OWASA. This approval is not required when water and sewer service is required as a condition of annexation by the towns of Chapel Hill or Carrboro. 13 15 FINAL 4/30/99 A. Emergency Water Transfers Emergency water transfers are transfers that: 1. Are made for short-term duration. For the purpose of this Agreement, short-term duration shall be reviewed at 30 days, 60 days and 90 days, with subsequent 90 -day intervals up to one year, as per the following process: a. After 30 days duration, a memo from the chief administrative officials of the service providers will be sent to the managers of the jurisdictions that are parties to this Agreement. The memo shall document the emergency, steps being taken to address the situation, and notify the managers of the potential for a longer period of the emergency water transfer. b. At 60 days, the service provider sending the water shall notify its elected board (or, in the case of OWASA, the member government elected boards) on the status of the emergency and provide opportunity for the boards to review and comment on the situation. The receiving provider shall provide similar information. C. Between 60 days and 90 days from inception of transfer, the elected boards which exercise planning jurisdiction on either side of the boundary in which the service is provided shall review and approve or not approve the continuation of the transfer beyond 90 days. If continuation of the transfer is approved, it may continue for an additional 90 -day period. Approval shall be required for each subsequent 90 -day period, with a maximum emergency water °14 FINAL 16 4/30/99 transfer duration of 365 days from inception. Lack of action by the elected boards as provided in this subsection constitutes approval for the subsequent 90 -day period. d. At the 30 -day point, the service provider shall determine that adequate water and other resources and facility capacities are available to support the extended emergency transfer without adversely affecting the quality and quantity of water supply and services to customers within its service area, and without adversely affecting environmental quality within its service area; 2. Are not intended to provide raw or finished water supply necessary to support new growth and development within the service area of the service provider receiving the transfer. Neither party shall, in planning for future growth and associated increases in water supply needs, rely upon water from the other party supplied under this agreement to serve such growth. a. A service provider experiencing a water emergency and receiving emergency water transfers must agree to act expeditiously and adequately to mitigate and remove the causes of the emergency conditions. B. Non - Emergency Water Transfers Non - emergency water transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing the transfer. If OWASA is the service provider, approval must come from the OWASA Board of Directors and '15 FINAL 17 4/30/99 the elected boards of Carrboro, Chapel Hill and Orange County. C. Wastewater Transfers Wastewater transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing the transfer. If OWASA is the service provider, approval must come from the OWASA Board of Directors and the elected boards of Carrboro, Chapel Hill and Orange County. A. Linkages to Other Agreements There are a number of existing agreements among the parties to this agreement that are relevant to the management and planning of public water and sewer service. In addition, this agreement and those listed below should all be read together. Where inconsistencies exist, this agreement shall control. Included among these relevant agreements with linkages are: • Hillsborough- Durham Service Area Agreement • OWASA- Durham Service Agreement • Eno River Capacity Use Agreement • Hillsborough/Orange- Alamance Water Systems Agreement • OWASA- Hillsborough Service Agreement • OWASA- Hillsborough Bulk Water Transfer Agreement • Chapel Hill- Durham Annexation Agreement • Mutual Aid Agreement • Jordan Lake Allocations from NC DEHNR • OWASA Agreements of Purchase and Sale between 1) OWASA and Carrboro, 2) OWASA and Chapel Hill, and 3) OWASA and UNC `16 FINAL 18 4/30/99 A. Water and Sewer Service Boundaries Map B. Charge to the Water and Sewer Boundary Task Force C. Toolbox of Remedies for Adverse Public Health Conditions D. Joint Planning Area Boundary Map E. Comprehensive Plan Land Use Maps for all Orange County local governments, and of Chatham County i17 FINAL 19 4/30/99 THIS AGREEMENT ENTERED INTO THIS DAY OF ,1999. Chair, Orange County Board of Commissioners Attest: Clerk to the Orange County Board of Commissioners Attest: Town Clerk, Town of Chapel Hill Attest: Town Clerk, Town of Carrboro Attest: Town Clerk, Town of Hillsborough Attest: Mayor, Town of Chapel Hill Mayor, Town of Carrboro Mayor, Town of Hillsborough Chair, OWASA Board of Directors 430final.doc