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HomeMy WebLinkAboutAgenda - 10-13-2009 - 3ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: October 13, 2009 Action Agenda Item No. ~_ SUBJECT: Amendments to the Water and Sewer Management, Planning, and Boundary Agreement and to the Upper Eno Critical Watershed Boundary DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No ATTACHMENT(S): 1. Recommendations Section of the Efland-Mebane Small Area Plan 2. Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) 3. Proposed Changes to WASMPBA Map 4. Seven Mile Creek -Proposed Revisions to Critical Area Boundary 5. Upper Eno Critical Area - 1994 and 2005 Boundaries INFORMATION CONTACT: Craig Benedict, 245-2592 Perdita Holtz, 245-2611 PURPOSE: To discuss: 1) Proposed changes to the Water and Sewer Management, Planning, and Boundary Agreement that will implement certain recommendations in the Efland-Mebane Small Area Plan and authorize staff to begin the amendment process; and 2) Proposed changes to the "Critical Area" of the Upper Eno watershed, as depicted on the Land Use Element Map and the Zoning Atlas. BACKGROUND: At the August 24, 2009 Quarterly Public hearing (non-public hearing portion of the agenda), staff presented the proposed work plan to begin implementation of the adopted small area plans. Changes to the Water and Sewer Management, Planning, and Boundary Agreement and to the "Critical Area" of the Upper Eno watershed were two of the higher priority items to accomplish further implementation of the Efland-Mebane Small Area Plan (Attachment 1 is the entire Recommendations section of the plan). Water and Sewer Management Planning and Boundary Agreement (WASMPBA) WASMPBA is an agreement signed in 2001 between Orange County, OWASA, and the Towns of Chapel Hill, Carrboro, and Hillsborough. The agreement (included as Attachment 2) provides a comprehensive county-wide system of utility service areas upon which signatory entities could rely when making decisions related to issues such as planning, land use, annexation, zoning, and growth management. One of the recommendations contained in the Efland-Mebane Small Area Plan is to amend Orange County's "Primary Service Area" on the map that is part of the Agreement (see pages 69-71 and 82 of plan). Attachment 3 is a map that shows the proposed changes to Orange County's Primary Service Area (PSA) in Cheeks Township. The area to be added to the PSA in the southeast portion of the existing PSA (in the vicinity of Mt. Willing Road and Interstate 40/85) reflects the proposed new "Critical Area" boundary for Seven Mile Creek (further discussed in the next section). It should also be noted that the two areas currently in the PSA proposed for removal from the PSA are not part of the Efland-Mebane Small Area Plan recommendations; rather, staff is proposing them for deletion to be consistent with the Land Use Element Map and the County's development goals and policies. The areas proposed for removal from the PSA would be changed to "Orange County Long-Term Interest Area." The Town of Hillsborough is also interested in amending its Primary Service Area to be in keeping with the outcomes of the Hillsborough-Orange County Strategic Growth Plan. Town officials are currently discussing whether the Town will bring its amendments forward at this time. Amendments to the WASMPBA require the approval of all agreement signatories. Planning staff proposes to meet with the staff of signatory entities to discuss the proposed changes and devise a process to bring agreement amendments forward to the various governing boards. Staff is requesting BOCC authorization to begin this amendment process. Upper Eno Watershed Critical Area One of the recommendations of the Efland-Mebane Small Area Plan is to re-evaluate the Critical Area boundary for Seven Mile Creek because the boundary is based upon a reservoir being created on Seven Mile Creek and the full pool elevation of the reservoir was used as the calculation point for the '/2-mile Critical Area boundary. A reservoir is no longer being proposed so the Critical Area boundary should be changed to reflect this. Attachment 4 is a map depicting the proposed revisions to the Seven Mile Creek Critical Area boundary. Since Seven Mile Creek is still a water supply source for the Town of Hillsborough's water supply, a '/2-mile buffer from the centerline of the "fifth order" segment of the creek will continue to apply. As an aside, stream orders are a stream hierarchy determined by the number of tributary confluences flowing into a particular stream. Staff is also suggesting that previous changes to the Upper Eno Critical Area be formalized. In 2005, staff re-drew the original 1994 critical area boundary to be consistent with the text of the Zoning Ordinance. The revised boundary was placed on the Land Use Element Map and the Zoning Atlas. Recent developments in other jurisdictions in the State have led staff to conclude that even though the boundary was drawn to reflect the pertinent text in the Zoning Ordinance, the map changes should go through the formal procedure to amend the Land Use Element Map and the Zoning Atlas. Attachment 5 depicts both the original 1994 Critical Area line and the revised 2005 Critical Area along with the various '/2-mile buffers of the stream segments and impoundments. Staff is planning to place the Upper Eno Critical Area revisions on the February 2010 Quarterly Public Hearing agenda. The revisions will be to both the Land Use Element Map and the Zoning Atlas. Staff is currently evaluating whether revisions to the text of the Land Use Element and/or Zoning Ordinance will also be necessary. Property owners will be notified of the proposed map changes as required by Article 20 of the Zoning Ordinance. Additionally, staff will hold a public information session on the proposal the week before the public hearing to inform property owners regarding the effect of the proposed changes for their individual property. The public information session notice would be mailed along with the required public hearing notice to minimize postage and other resource costs. Planning Board Comments Staff presented the upcoming Planning Department work plan to the Planning Board at its October 7, 2009 regular meeting. The Planning Board commented that it would like to have early input into whether a future reservoir will be sited on Seven Mile Creek. Some Planning Board members expressed concern that not providing a future reservoir on Seven Mile Creek would negatively impact future water resources and potential growth. FINANCIAL IMPACT: Work required to achieve the amendments to the Water and Sewer Management, Planning, and Boundary Agreement and the revisions to the Upper Eno Critical Area boundary can be completed by existing staff. Required newspaper legal advertisements and mailed notification to property owners regarding changes to the Land Use Element Map and Zoning Atlas will be covered by the approved FY2009-10 Planning Department budget. RECOMMENDATION(S): The Manager recommends the Board: 1) Authorize staff to begin the process of amending the Water and Sewer Management, Planning, and Boundary Agreement, as outlined above; and 2) Discuss proposed changes to the "Critical Area" of the Upper Eno watershed. THIS PAGE INTENTIONALLY LEFT BLANK Attachment 1 Excerpt of Efland-Mebane Small Area Plan-Full Recommendations Section IV. Current Maior Issues and Solution Recommendations This section contains discussion of major issues identified by the Task Force during the planning process and possible solution recommendations. Maps 27 and 28, which follow the recommendation text, show the recommendations that can be displayed on a map but the text below also contains recommendations that are not well suited for mapping. Additionally, some responses to Citizen Comments (Appendix B) contain recommendations and should be referred to for further information and during implementation actions. Goal: In the future, the planning area should be well served by reliable infrastructure to accommodate orderly, planned growth. The planning area will retain the core village area that will be the center of community life. An efficient multi-modal transportation system will operate in the area and commercial and light industrial uses both in the planning area and nearby will provide job opportunities to area residents. There will be a mix of housing types and sizes that will be economically accessible to a broad spectrum of working people. Parks and greenspace will be connected by a system of greenways that will allow people to enjoy ahigh-quality outdoor environment while also serving as corridors for wildlife migration. A. Water and Sewer Objective: Orderly and planned expansion of the sewer system and a sufficient public water supply system. The availability of water and sewer systems is one of the primary factors influencing the characteristics of development. Areas that are not served by water and sewer systems generally develop at very low densities because water must be obtained from individual wells and sewage must be disposed of on-site via, predominantly, an on-site septic system. Additionally, non- residential development tends to be very limited in azeas served by on-site well and septic systems and often non-residential development is dependent upon the availabilities of fire service levels. Efland is the only area under Orange County's jurisdiction that has acounty-owned public sewage disposal system. Because of this, the planning azea represents one of the azeas of Orange County where higher density development is a viable option within the County's planning jurisdiction. Efland residents have expressed concerns over the amount of time the sewer project first initiated in 1984 has taken to implement. Additionally, some residents would like to see all six phases shown on Map 13 implemented, not just Phases lA, 1B, and 2. The need for a long range Master Plan and associated funding sources for water and sewer has been discussed. The Task Force is supportive of planned growth occurring within the planning azea but existing limitations on water and sewer services need to be addressed prior to permitting additional growth. Following are recommendations regarding water and sewer issues: 5 63 6 1. The 1984 plan needs to be updated. Areas to be designated Efland Transition Area, Mixed Use, or Economic Development Area on the Future Land Use Map of this plan (Map 30) should receive priority for water and sewer services. 2. An engineering study of the existing OAWS water systems should be completed. The county and OAWS should work cooperatively on water supply issues. The following considerations should be addressed as part of the study: a) The water system area should be coordinated with sewer system areas and with designated growth areas. b) The water system should have volume and pressure sufficient for both potable water and fire suppression purposes. Level of service standards for water pressure that would be adequate for fire suppression needs should be developed and adopted as part of the study process. Changes to the existing system to accomplish these objectives should be identified and implemented. c) A policy should be adopted requiring that future expansions to the water system have adequate pipe sizes and pressure to ensure an ample water supply for both potable water and fire suppression. Future growth projections must be taken into account when designing the system. d) OAWS has developed system capacities through agreements with other utility providers and large capacity wells but how those allocations are distributed from an engineering and area standpoint are yet unresolved. 3. A comprehensive long range Master Plan for water and sewer should be developed for the Planning Area. The following considerations should be addressed: a) OAWS and the City of Mebane are not parties to the Water and Sewer Management Planning and Boundary Agreement (WSMPBA) which guides the placement of water and sewer facilities within Orange County. Orange County must act in accordance with the WSMPBA, which greatly affects Cheeks Township as a large portion of the Orange County Primary Service Area lies within Cheeks Township. In fact, a portion of the planning area is within Orange County's Primary Service Area while other portions of the planning area are outside of the Primary Service Area. This has great implications on where Orange County can place water and sewer lines. i. Orange County should work cooperatively with the other parties of the WSMPBA, OAWS, and the City of Mebane to include OAWS and the City of Mebane in the WSMPBA. Any changes to the service area boundaries should be carefully analyzed during this process to ensure proper and realistic boundaries. ii. As part of this process, agreements among service providers should be made as to where the various separate systems will operate. b) The Master Plan should specifically address which area(s) will receive priority to encumber system capacity. Capacity should be allowed to be encumbered by areas that will promote orderly growth (e.g., "leapfrogging" of the sewer system should be discouraged). A policy decision regarding how capacity 64 7 will be divided among residential and non-residential uses should be made. Ample capacity should be reserved for non-residential uses. c) There should be an objective to encourage existing development to tie-in to the water and sewer systems when they aze available in the area and a requirement that new development in an area served by the water and/or sewer systems utilize the system(s). d) A policy regarding the self-sufficiency of the water and sewer systems should be adopted. The systems should operate in such a way that revenues cover the costs of operating and maintaining the systems. 4. Extending water and sewer infrastructure throughout the planning azea is desirable if other recommendations in this plan aze also adopted. Specifically, recommendations regazding site design, overall density, and design guidelines would need to be considered in any expansion plans. a) Although a portion of the azea is outside of the Small Area Plan planning boundary, consideration should be given to extend sewer infrastructure to the Mt. Willing/Interstate 40-85 interchange north of the Interstate. Additionally, permitting limited non-residential growth on the south side of the Interstate west of Mt. Willing Road in the vicinity of West Ten Road should be studied given the proximity of the azea to Gravelly Hill Middle School and West Ten Soccer Park. B. Land Use Objective: Preservation of community character while allowing for planned, sustainable residential and non-residential growth. Note: Implementation of most of the Land Use recommendations that follow will require amendments to existing development regulations such as the Land Use Element Text and Map, Zoning Ordinance Text, and Zoning Map. Additionally, Impervious Surface Limit regulations (contained in the Zoning Ordinance) will need to be studied and modified to implement the recommendations pertaining to density increases. How land is used is a major factor in many aspects of people's lives. Land Use directly affects people's quality of life in a variety of ways. Community chazacter, traffic generation and flow, availability of services, and the quality of the natural environment are all affected by Land Use decisions. Indeed, one of local government's principal powers is the authority to control land development so that growth is managed in such a way that negative impacts aze minimized and/or mitigated. As mentioned in "A" above, the Task Force is generally supportive of planned growth, provided that growth occurs in a managed and sustainable fashion. The Task Force is also generally supportive of the conversion of residential structures on Highway 70 into low impact office and commercial uses. However, any potential conversions of residential land uses into commercial 65 uses along Highway 70 should minimize impacts to the existing residential component along the Highway and the importance of existing residential uses should continue to be recognized. There is concern that the eclectic, vernacular character of Efland be preserved to the greatest extent possible. There is no desire on the part of Efland residents to become a homogenous, "anywhere U.S.A." community. There are strong feelings that the charm that makes Efland unique should be preserved. Development opportunities in the planning area should be based on Smart Growth and environmental stewardship principles. One of the factors affecting growth in the southeast portion of the planning area is the Critical Area line for the once-proposed Seven Mile Creek Reservoir. At this time, a reservoir is not planned along Seven Mile Creek. However, lands acquired in the vicinity of Seven-Mile Creek aze planned for a future Nature Preserve/low-impact park and land use planning regulations south of Interstate 40/85 still need to reflect these environmental constraints. Map 29 highlights proposed changes to the Adopted Future Land Use map. If the recommended changes are adopted, Map 30 would become the Future Land Use map for the planning area. Descriptions of proposed new Future Land Use categories are found immediately below. The descriptions of adopted Future Land Use categories aze found in the chart on page 50. Economic Development Area. Land in transition which has been specifically tazgeted for economic development activity consisting of light industrial, distribution, office, service/retail uses, flex space (typically one-story buildings designed, constructed, and marketed as suitable for uses as offices but able to accommodate other uses; e.g. warehouse, showroom, manufacturing assembly or similar operations), governmental uses, and high density (multi- family) residential uses. Such areas are located adjacent to interstate and major arterial highways, and subject to special design criteria and performance standazds. Note: This definition is different than the adopted "Economic Development Area" definition. This proposed definition includes high density (multi family) residential uses as a prospective use. The adopted definition does not include residential uses). Efland Transition Area. Land located in areas that are in the process of changing from rural to village densities, that are suitable for higher densities and could be provided with public utilities and services within the next twenty (20) yeazs or where such utilities and services are already present. Non-residential uses implemented in accordance with overlay districts may be appropriate. ote: See "Highway 70 Corridor" subsection for more information on potential overlay district). Efland Transition Area Reserve. Land located within Orange County's water and sewer Primary Service Areas as provided by the "Water and Sewer Management, Planning and Boundary Agreement" and Map but outside of designated Efland Transition areas. This azea is appropriate for low intensity and low density residential development when private well and septic systems are used. Off-site ground absorption sewage disposal systems or package sewage treatment plants may be allowed based on established conditions. If public water and sewer services become available, village-type densities are suitable. 66 9 Mixed Use. Land located in azeas served or to be served by public water and sewer where a mix of residential, commercial, and light industrial uses are appropriate. Residential uses within Mixed Use azeas should be have a minimum density of six (6) units per acre. The following are recommendations pertaining to land use. The planning area has been divided into general geographic areas for land use recommendations. Map 26 depicts the location of the geographic azeas discussed below. Please note that the boundaries on Map 26 aze general in nature for user orientation purposes and are not intended to be absolute boundaries. Map 26 67 10 Highway 70 Corridor The Highway 70 corridor is an important east-west transportation route. A variety of land uses, including residential uses, are located along the corridor. Balancing residential and non- residential uses along the Highway 70 corridor is an important aspect of preserving the community character of the planning area. The following recommendations are made regarding the Highway 70 corridor: 1. A mix of uses should be allowed along the Highway 70 corridor but non-residential uses should be low-impact (i.e., low traffic generators, etc.) office and commercial types of uses. In order to achieve this, a corridor overlay plan and zoning district should be created. The plan/zoning district should incorporate the following ideas: a) Additional mixed use and urban development should be served by the sanitary sewer system. b) In order to protect community character while permitting appropriate growth, low impact non-residential uses such as offices should be encouraged. High traffic generating uses should not be allowed. Limits on the amount of permitted parking should be established and parking should be located at the sides or rears of buildings rather than directly in front of the buildings. c) Because they are not in keeping with existing community character and tend to be high traffic generators, `formula' (i.e., `chain' or franchise) restaurants and/or drive through restaurants should not be permitted along the Highway 70 corridor unless they are implemented in a manner that modifies the typical design to blend with the community. d) The number of curb cuts along Highway 70 should be minimized. Uses should be allowed only one curb cut on the Highway and/or be connected as part of the frontage road access management system. Additionally, opportunities for re-development and the re-combination of small lots should be identified and encouraged. e) The corridor overlay plan should include a streetscape plan and design guidelines for new buildings and uses. The guidelines should encourage appropriate conversion of existing residential structures into commercial uses so that the feel of a residential corridor is preserved. The guidelines should also address signage standards to be applied to the corridor. The current eclectic, vernacular character of the area should be preserved and homogenous design should be discouraged. f) The corridor overlay plan should balance commercial and residential uses. The Highway 70 corridor should not be permitted to become a predominantly commercial corridor. g) The corridor overlay plan should address how to allow the expansion of existing appropriate commercial uses that are not in conformance with current zoning regulations ("nonconforming uses"). h) New or redeveloping non-residential uses should utilize existing housing stock and/or build at a scale and character that complements the existing architecture. i) Non-residential uses in the Highway 70 corridor should be encouraged first at the following intersections: Buckhorn Road, Frazier Road, Richmond Road, and Efland- 68 11 Cedaz Grove Road. Community scale uses would be appropriate at these intersections. Southeast Portion of Plannin Area The southeast portion of the planning azea contains lazge tracts of land currently in agricultural use. Residents have long viewed the area as a "gateway" into the core of Efland. The character of the gateway is an important factor in the perception of Efland as a rural village. The southeast portion of the planning azea also enjoys easy access to major transportation facilities including Interstate 40/85 and the US 70 Connector. Because of this, development potential for the area is high. There is a desire among residents of the area for managed, orderly growth in conjunction with the desire to preserve the chazacter of the area. Both desires can be accomplished if development is done in a context sensitive manner. The following recommendations are made regarding the southeast portion of the planning area: 1. The southeast portion of the planning azea should be considered for "Mixed Use" designation. to be developed only when public water and sewer systems are available in the area. 2. Guidelines for site and azchitectural design should be developed and adopted prior to development proposals being accepted for the azea. The guidelines should include, at a minimum, policies on the following issues: • Facade materials • Architectural details • Lnpervious surface limits • Landscaping and buffering • Preservation of open space • Access Management • Signage • Site orientation 3. Non-residential uses should be allowed on Southern Drive between Mt. Willing Road and Gaines Chapel Road. 4. The status of the Seven Mile Creek Reservoir should be decided and if a reservoir will not be created along Seven Mile Creek in the future, the Critical Area line should be reevaluated. The Critical Watershed status of the lands adjacent to the southeast portion of the planning area affects their potential for development. The following recommendations are made if the Critical Watershed line is revised: a) Growth served by public water and sewer should be allowed north of the Interstate in the vicinity of the Mt. Willing Road/Interstate 40-85 interchange. (A revision to the WSMPBA Map would be required to implement this recommendation). 69 12 b) Permitting limited non-residential growth on Mt. Willing Road on the south side of the Interstate in the vicinity of West Ten Road should be studied given the proximity of the area to Gravelly Hill Middle School and West Ten Soccer Park. (A revision to the WSMPBA Map would be required to implement this recommendation). c) The need for additional water quality Best Management Practices (BMPs) should be evaluated since Seven Mile Creek would continue to be a water supply watershed. Southwest Portion of Planning Area The City of Mebane annexed a parcel of land in the southwest portion of the planning area after the planning area boundary was established. The annexed parcel is labeled on Map 27. As was discussed in the Water and Sewer System portions of this small azea plan, Orange County and the City of Mebane have a Utility Service Agreement pertaining to the existing Economic Development Area. The following recommendations are made regarding the southwest portion of the planning azea: 1. The land use classification of the area designated as " 3" on Map 12 should be changed from CommerciaUIndustrial Node to Economic Development with future water and sewer service to be provided by the City of Mebane. 2. The land use classification of the area designated as "6b" on Map 12 should be changed to Mixed Use with future water and sewer service to be provided by the City of Mebane. (Note that this azea is not designated as a Primary Service Area on the current WSMPBA Map; Orange County action on providing water and sewer service to azea 6b will require revisions to the WSMPBA map). Northern Portion of Planning Area Much of the northern portion of the planning azea was previously designated as 10- and 20-Year Transition Areas. Additionally, much of the north portion of the planning area is within Orange County's Primary Service Area for water and sewer services under the WSMPBA. The following are recommendations pertaining to the northern portion of the planning area: 1. Change the 10- and 20-Year Transition Area designation to "Efland Transition Area." 2. Change the portion of the planning area north of the "Efland Transition Area" area but within the WSMPBA Primary Service Area to "Efland Transition Area Reserve." 3. If the Water and Sewer Management Planning and Boundary Agreement is revised in the future, as is recommended in the Water and Sewer recommendations, the portions of the 70 13 planning area that not currently in Orange County's Primary Service Area should be designated as Primary Service Area. 4. New residential subdivisions choosing to develop under existing density regulations (1 unit per acre unless density bonuses related to affordable housing are awazded) should be cluster subdivisions served by public or private water and sewer systems Cluster subdivisions allow for preservation of open space and environmentally sensitive features while permitting a reasonable amount of development on the overall parcel of land. Higher density development can also be achieved through rezoning which would consider development proposals on a case-by-case basis. Density may be slightly increased if Transfer of Development Rights (TDR) credits are implemented. Existing Rural Neighborhood Node The current Future Land Use Map contains a Rural Neighborhood Node at the intersection of Lebanon Road and Efland-Cedar Grove Road. Rural Neighborhood Nodes aze intended for small-scale commercial uses chazacteristic of "Mom and Pop" convenience stores and gas stations. The Rural Neighborhood Node is outside of Orange County's water and sewer Primary Service Area as per the WSMPBA. Given the proximity of this Node (less than 2 miles) from the core Efland area where services intended to be offered in a rural neighborhood node are available, it is recommended that the Rural Neighborhood Node at this location be removed from the Future Land Use map. C. Transportation Objective: Provision of an efficient, multi-modal transportation system. The vehiculaz transportation system in the planning area generally functions well, but there are some concerns, especially regazding motorized vehicle flows during peak traffic hours. However, some peak hour congestion is also to be expected in an urban or suburban azea. The key is managing the transportation system such that it can function as safely and efficiently as possible. Additional concerns regazding the transportation system include pedestrian and bicyclist safety and the general deficiency in the walkability/bikeability of the planning area, connectivity to the Interstate for tractor-trailer traffic, and the idea that the current transportation system encourages single-occupancy vehicle use while discouraging bicycling and walking. Of particulaz concern in Efland is the volume of traffic occurring on Efland-Cedar Grove Road/Forrest Avenue/Mount Willing Road during peak hours as people make their way to and from Interstate 40/85. The fact that there is an at-grade train crossing on this route creates an even lazger concern as trains passing through the area create a backup of 50 to 100 cars during "rush hours." This also creates a safety concern as emergency vehicles cannot navigate this essential route when trains pass through. Additionally, two roughly 90-degree turns are part of this high-volume route. 71 14 Sidewalks do not exist anywhere in the planning area and it was only very recently that Highway 70 was widened enough to accommodate bicycles along the route. Broadening transportation alternatives beyond the passenger car is important. "Alternative" transportation modes such as pedestrian, bicycle, and mass transit aze part of an intermodal transportation system. The following are recommendations pertaining to transportation: 1. Road volumes and capacities on Brookhollow, Richmond, and Efland-Cedaz Grove Roads need to be further studied before significant additional development that will utilize these roads is allowed. Improvements to these roads may be necessary to efficiently accommodate growing traffic volumes. 2. The Efland-Cedaz Grove/Forrest Avenue/Mt. Willing road corridor should be realigned.. A vehiculaz underpass under the railroad should be considered and the at-grade crossing should be eliminated if an alternative is implemented. (See Map 28 for possible alignment). Additionally, an alternative to a traffic signal should be considered to efficiently manage traffic; specifically, traffic circles should be considered to more effectively move peak hour traffic through this azea. Route re-alignment should also endeavor to maintain community connectivity between areas south of the railroad track and the core azea of Efland. If an underpass proves not to be feasible, then the county should work with NCDOT for a solution to more effectively route traffic through this azea. 3. A connection from Highway 70 east to the Interstate connector should be identified and constructed (i.e., eastbound Highway 70 to southbound connector to Interstate which could reduce traffic volumes on Mt. Willing Road and Forrest Avenue). Mitigation measures to address any identified adverse impacts due to constructing the connection would also need to be implemented. 4. A pazk-n-ride lot should be located in the planning area. The exact location should be determined in conjunction with transportation planning professionals and an advisory committee but a location near the Interstate and walkable to the Efland village core should be considered. (See Map 28 for the general location of the Efland village core). 5. Bicycle lanes should be provided along all major roadways. Major roadways in the planning area include Brookhollow Road, Efland-Cedar Grove Road, Richmond Road, Frazier Road, Buckhorn Road, Lebanon Road, Forrest Avenue, Mt. Willing Road, West Ten Road, Bowman Road, and Ben Wilson Road. 6. Sidewalks are necessary for safe pedestrian travel. Sidewalks should be required in new developments and a sidewalk plan to retrofit developed areas so that sidewalks can serve as connectors between residential, commercial, and civic uses should be completed and implemented along with mechanism for handling liability and maintenance of the sidewalks. Constructing a sidewalk along Highway 70 from Tinnen Road to Lloyd Dairy Road should be a priority. Additionally, sidewalk and/or trail privileges should be 72 15 secured when sewer right-of--way is acquired so that an additional acquisition is not necessary in the future. 7. A streetscape plan should also be developed in conjunction with the sidewalks program. Trees are needed for shade along sidewalks and landscaping for aesthetic purposes should also be incorporated into the streetscape. 8. The ability to have a commuter train station in the future should be preserved, preferably within the vicinity of the Efland village core near Mt. Willing Road or Efland-Cedaz Grove Road Extension. A station could serve the existing Amtrak service or a station could be incorporated into the proposed Triangle commuter rail system. 9. The county should work cooperatively with Triangle Transit Authority (TTA) to provide bus service in the area. 10. Mace Road should be planned to connect through to Lebanon Road. 11. An Interstate pedestrian overpass should be planned in the future to connect azeas north of Interstate 40/85 with Gravelly Hill Middle School and West Ten Soccer Park. 12. A Buckhorn Road Access Management Plan should be explored. D. Housing Objective: Provision of a mix of housing choices that includes decent, affordable housing for "the workforce: ' Housing affordability is a significant issue throughout the nation, including within the Triangle region and Orange County. Housing prices in Orange County are notably higher than within other areas of the Triangle. Historically, Cheeks Township has enjoyed somewhat lower prices than much of the county, but prices of the homes in the newer subdivisions within the planning azea aze still higher than many people working in Orange County can afford to pay. Working towards ensuring the provision of housing opportunities affordable to a broad spectrum of citizens should be a priority for Orange County. The following are recommendations pertaining to housing issues: 1. Residential development that is consistent with the character, size, scale, and price range of existing surrounding homes should be encouraged. Since home prices aze directly tied to the square footage of the home, Orange County should consider offering incentives such as expedited review or density bonuses for developments that offer smaller sized homes. 2. Orange County should consider adopting a policy requiring that a certain percentage of new homes within a subdivision be affordable and under the control of an organization 73 16 such as the Orange Community Housing and Land Trust (OCHLT) or Habitat for Humanity to ensure affordability in perpetuity. 3. Examine strategies to preserve affordability through preservation of existing neighborhoods. E. Parks, Recreation, and Open Space Objective: Provision of adequate parks and recreation opportunities and open space preservation. Existing recreation facilities, both public and private, serve the planning area fairly well. Desire has been expressed for a trail system in the area, including pedestrian/bicycle access to Seven Mile Creek Preserve from the planning area when the preserve is opened for public use in the future. Additionally, the desire for neighborhood "pocket parks" has been expressed. Recommendations regarding parks, recreation, and open space are as follows: 1. The planning area should include small neighborhood parks with playgrounds to augment Efland-Cheeks Park & Community Center and private facilities. A possible means to achieve neighborhood parks and provide in-town recreation alternatives and community destinations is to require their dedication when new residential development is approved. Alternatively, as part of the required open space in a new residential development, developers could be required to provide a small park within new subdivisions that a Homeowner's Association would maintain. However, private parks would be available only to residents of the particular subdivision in which they are located. 2. A trail system along McGowan Creek should be planned and implemented. The trail might have to cross the creek in several locations due to the proximity of existing homes near the creek but this could be accomplished using pedestrian bridges. The following recommendations are made to encourage trail development: • Indemnification of the landowner from lawsuits • Provision of a small tax incentive for the landowner • Prohibition of motorized vehicles on the trail • Assurances that local government will maintain the trail 3. A greenway along the Eno River, east of the planning area, has been proposed. If the greenway is implemented, any future traiUgreenway along McGowan Creek should tie in to the planned Eno River greenway. 4. When the planned Seven Mile Creek Nature Preserve opens for regular public use, a pedestrian bicycle connection from the planning area should be provided to the Preserve. Planning for such a connection should occur as part of the planning process for the Preserve. 74 17 5. Open space should continue to be required as part of the land development approval process. 6. Additional space may be needed in the next few years in the community center at Efland- Cheeks Park. Space needs should be monitored so that monies for expansion can be included in the county's Capital Facilities budget when additional space becomes necessary. 7. The county should consider including a branch library at the Efland-Cheeks Park & Community Center. F. Communications Objective: Provision of ahigh-quality communications system that will meet the needs of business, industry, and residents. Communication systems are an important aspect of attracting commercial uses to appropriate sections of the planning area. Factors such as wireless communication, high-speed internet access, and state-of--the-art communication infrastructure are analyzed by businesses and residents considering locating in a given area. Technology is changing at anever-increasing rate and keeping abreast of changes can be essential to staying competitive. In emergency situations, functioning communication systems can literally be the difference between life and death. Within the planning area, cellular phone coverage is currently sufficient. However, there are areas adjacent to the planning area that lack proper coverage. Given the nature of communication systems, some of the following recommendations extend outside of the planning area and are recommendations regarding a countywide policy to improve access to communication technology. 1. Achieving full cellular wireless coverage countywide should be a priority. A Telecommunications Plan that will achieve this objective should be developed and implemented. In order to minimize the number offree-standing towers necessary for antennas, the county should work with the power companies to allow wireless communication antennas on existing transmission line structures. 2. DSL and/or cable Internet service is needed, at a minimum, in areas targeted for growth. These services are particularly vital for commercial or industrial uses although providing these services to residential uses should also be considered. The county should work with the providers of these services to ensure that necessary infrastructure is extended to growth areas. 3. The county should consider asking providers of wireless communication services to install generator backup instead of battery backup at cellular switch sites. During 75 18 prolonged power outages, the battery backups are depleted and the wireless communication system stops functioning. G. Intergovernmental Issues Objective: A greater level of intergovernmental coordination between Orange County and the other governmental entities in the planning area. Planning coordination with the City of Mebane has become increasingly important as the City of Mebane continues to grow within Orange County. Intergovernmental coordination is becoming increasingly important so that growth can be planned for in an orderly method and services can be provided in a timely manner. Growth of the city affects Orange County as the county is responsible for providing certain services for residents within the county, regardless of whether they reside within municipal limits. For example, children who live in the city's limits but within Orange County attend Orange County public schools, which aze a major funding item within the county's budget. Social services such as health services provided through the county's Health Department and senior services provided through the Department on Aging are available to residents of municipal areas within Orange County. Rapid population growth can have significant fiscal impacts for the county. Additionally, Orange County is a leader in the state on preserving the quality of the environment. Great care is taken to ensure new development has the least possible impact on the environment. There is concern within the county that rampant growth within municipal limits will adversely affect the environment and have negative impacts throughout the county. Some residents in the planning area have expressed concern over the potential of their homes and land being annexed against their wishes by a municipal government. In past years, some residents have discussed the possibility of incorporating the community of Efland to better ensure self-governance in the future. However, incorporation is only one solution to possible annexation. Another possible solution would be to establish a growth boundary agreement with the City of Mebane. Such an agreement could ease resident's concerns about annexation and provide a more solid basis for all entities in the area regarding future planning. Orange-Alamance Water System (OAWS) is also a significant quasi-governmental entity in the planning area. The presence of a water delivery system is one of the major factors influencing growth and the nature and form of growth. Coordination among the entities providing public services in the planning azea is essential to guiding the future of the area. The following are recommendations regarding intergovernmental issues: 1. As was discussed in the Water and Sewer portion of this section, the City of Mebane and OAWS should be invited to become signatories to the Water and Sewer Management and Planning Boundazy Agreement (WSMPBA). During this process, foreseeable limits to water and sewer services would be defined and agreed to by all parties. The Towns of Chapel Hill, Carrboro, and Hillsborough and OWASA (Orange Water and Sewer 76 19 Authority) would also be involved as these entities are signatories to the existing WSMPBA. 2. Orange County and the City of Mebane should work cooperatively to create and agree to a Joint Planning Understanding or Agreement. Such an agreement would allow for planning orderly growth within Orange County. a. One of the issues to be discussed as part of a potential Joint Planning Agreement are which local government's development regulations (especially those related to natural resource protection) should apply to lands being developed within Orange County. b. Another issue to be discussed is the loss of funds to Efland's Volunteer Fire Department (VFD) when the City of Mebane annexes lands within the VFD's service azea. H. Other Recommendations Potential Transfer of Development Rights (TDR) Prog am A consultant under contract with Orange County is currently performing a Transfer of Development Rights (TDR) Feasibility study. The study is expected to be complete in late summer of 2006. If a TDR program is feasible for Orange County, it is likely that this planning area would be targeted as a receiving area for growth because of the availability of water and sewer. If the planning area is designated a receiving area for development credits, it will be important that the recommendations contained in this plan be incorporated into the TDR program and future growth. For example, provision of adequate open space, overall density, design guidelines, and transportation issues, among all the other recommendations contained in this plan become increasingly significant if additional growth is to occur in the planning area. Emergency Shelters As the population of the planning area continues to grow, it maybe necessary to designate an emergency shelter in the azea. Orange County's Emergency Management Services Department should revisit the county's emergency plan to determine if population numbers in the Efland area warrant a designated emergency shelter in the area. Partnering with the City of Mebane to provide an emergency shelter in this area of the county may be an option. Impact Fees Population increases translate directly into needs for local public services such as schools, infrastructure, landfills, and social services. Often, residential property taxes, a major source of local government funding, do not sufficiently cover the costs of providing these services. 77 20 Orange County currently operates apayment-in-lieu program for park funding and is one of two counties in the State that has State legislative authority to collect impact fees for schools. In recent years, the State legislature has been reluctant to grant this funding source to additional local governments or to expand the types of public services for which impact fees maybe collected. Orange County officials should endeavor to ensure that new development gays its fair share of necessary infrastructure costs. Historic Preservation The 1991 county-wide survey of historic properties appears to have not identified all of the historic sites in the county. It is recommended that a comprehensive historic resources survey be completed for the planning area and that exact locations of historic resources be mapped. This is especially important when the historic resource is located on a large parcel of land. Future development and transportation projects should endeavor to minimize any impacts on historic resources. Incorporation Local citizens have discussed the idea of potentially incorporating the Efland area for a number of years. However, no formal action has occurred on the topic for a number of reasons, including the fact that property taxes would increase if a town government were established. One of the primary motives for incorporating was concern over the possibility of being annexed by the City of Mebane. However, as discussed in previous sections of this plan, there may be other avenues to explore if this issue is the main reason residents would like to incorporate. For instance, agreements with the City of Mebane could be entered into. Agreements with the City of Mebane are the preferred method of addressing citizen concerns regarding possible annexation, and should be undertaken as the first priority. The County should also be involved in `building community' in the planning area because of the changes proposed for Efland. In areas where a town government exists, the town government is normally involved in community building activities. Since the Efland area is unincorporated but development at a higher intensity than typical rural areas is proposed, the county government should be involved in building community. If measures to address citizens concerns about potential annexation and preserving and protecting the integrity of the Efland area prove inadequate, consideration should then be given to establishing a task force to study annexation. Such a group could determine which, if any, areas of the planning area would be eligible for incorporation under revised State laws regulating new incorporations; to complete a survey of residents of any eligible areas to determine if their stance on incorporation; and to explore the feasibility of any other avenues that may be taken to ensure the preferences of area residents are addressed. 78 21 Plan Updates This plan should be re-evaluated and updated as necessary in ten (10) years to ensure continued planning in the area. Implementation Implementation of many of the recommendations contained in this plan will require revisions to adopted County policies and regulations. Examples of these policies and regulations include, but are not limited to: • Land Use Element of the Comprehensive Plan o Text o Map • Subdivision Regulations • Zoning Ordinance o Text o Map o Permitted Use Tables o Overlay/Design Guidelines • Water and Sewer Policy • Water and Sewer Management, Planning, and Boundary Agreement County Departments and Advisory Boards other than the Planning Department and Planning Board have interests in or jurisdiction over some of the recommendation topics. These other departments and advisory boards will need to be part of the implementation process. 79 Efland-Mebane Small Area Plan Boundary US70 corridor. ~ AIIow a mix of uses with design guidelines to encourage a balanced development of commercial and residential uses. Minimize number of curbcuts. Non-residential uses should be low auto traffic generators. 70 Change to The City of Mebane will EDD designation eventually serve this area `, with water and sewer ~~~ ~ ® Appropriate for higher density In January, soon residential and commerciaVndustrial I\ (Planned Development) (Mebane to provide water and sewer) Wiest Ten Soccer Center Re-evaluate critical watershed boundary in this area Gravelly Hill Middle School Allow commercial growth in the proximity of the interchange {north of interstate). Study possibility of allowing limited commercial growth south of interstate to West Ten Road. fi 0 00 O `~~~, K Legend ~ ~ ~ Small Area Plan Boundary ~ EDD ~ Change to EDD r ^ Mebane Gty Limits ~ US 70 Corridor ~ Future Mebane Water and Sewer ~~~ ~~ PMnlna and inspemom o.p.rerrnt GIS Map Pnpuad by Laritm CoMnrn March t~, 2008 Mebane Extra-Territorial Jurisdiction ~ Annexed Jan. 20tT5 by Mebane ~ Middle School Site °rO~°'^0n N0ro' CaO11n' ~0 A'"° l~U ea~ WOrrtr NoM Amsrian tees ~ Appropriate for Higher Density ~ Critical Watershed r~ J N N Efiand Core Area Preserve the ability to locate a passenger train station along. the: rail. condor Develop a streetscape plan for US TQ Area most appropriate for Mixed Use Development Allow commercial along Southern Dr. -Appropriate design important. -Minimize number of curb cuts Sidewalks are a priority. traffic circle Possible realignment Re~valuste of Efiand-Cedar Grove Rd. critical watershed. under railroad tracks boundary Legend ~ ~ Small Area Plan Boundary a ~ N + -Passenger Train Station ~~ Consider Mixed Use • ~~ Mixed Use Development ~~ Realignment of Efiand-Cedar Grove Rd Sidewalk priority Commercial Development -..•---- Streetscape ~~ Re-evaluate Critical Watershed Boundary Possible connections to lJS 70 / 18b-4O Connector Consider allowing. Mixed Use development in this area. - Develop design guidelines N Orenpe County Plenniny and Inspscdoro Depaimient GIS hlap Prepared b1' tMrlam Cabmen lhrdl 14, 2008 PrajeWon: Nortlf Carolina State Plane fleetl DaWm NoM American 1983 N 00 N W 24 Map 29 Proposed Changes to Adopted Future Land Use Map (Land Use Element of the Orange County Comprehensive Plan) Cheeks Townshfp Legend: ~`.J ~ 10 year daneitlon ® 20 year tranaidon ~ Rural Rea~erdial Rural Buffer Agricultural Residerdhl ~ t~sourca Protectbn Areas Municipal JurfedicMorn 0 Public Ingest Areas NWatx Supply Watersheds ~ Watershed GiNcal Areas Mirbm CobmaR Adlvity Nodes Rural CommuNty Node ® Rural Nefphbortwod Node ~ Rural IndusMal Node ~ CommorWl Nade ~ Commercblllndushlal Node Eoonanic f~vebprnerd ~OCJCHlCA Jolnt Flaming Area ~~ ~SmallArea Plan teas N W E o~r~Mror. ~as+ i....+rr..y~ rsao 82 Possible Future Land Use -Efland Small Area Plan Planning Area 00 W b W O N t79 `Small Area Plan Boundary _ Etlantl Trensition Area Reserve (ony iF WSMPBA is amended) -Public Interest Areas -MaedUae Economic Development Area ~WaterSu Area °O"'''°pbO`°°°' A' _ Mixed flee (only K WSMPBA le amended) Rural Industrial Node PPh' ~~.sa , V ®VJeter Supply i;,7ltiCel Area Orarge CcuMy P4nrAna aM Inapscsars Departnent Efland Transition Area ApricWlural Residential GIS Map Prepared ty Miriam Ooleman ApN 27, 2006 - Resource Protection Areas 0 Efland Trensidan Area Reserve ~ Rural Residential Municipal Jurisdiction Town Limits ~~p,~N~~ A~r~n t~ ~ i ;Municipal Jurisdiction Extra-Territorial Jursdictlon (ETJ) ~• Attachment 2 27 .A.1~D BtJU~T~Al~Y AGRE~YV.~~~T'T S AGREEA~ENT, oracle and entered into this ~~ day of t~~ ~. , ~ , by and between the COI.JN'f'Y bF C3RANGB, a political subdivzsxoxt ofthe State of l~iorf.h Carolina; the TORN OZ' CARRBCIRC3, the TOWN OF CHAPI~L HIl1Y,, and the TOE OF HILIJSBGI2.O~CsH, municipal carparatiot~s duly created and existing ender the laws of I'~Tvrth tramlirra; and the O1tANGE ~A'C~R A~7 SEAR. AUTHORITY, a public wa•~r and sewer authority duly created and existing under Chapter 162A, Article 1 of the ~ort~i Oaxalina. General Statutes. W~T]1iF~S~''~`H: In co~xsfderation of mittuai netts regaxd~g the def.~nitivn of watez and sewer service baut~darres and the nlanageinent anal playing theres~f, the parties to this agreement hereby inuEualXy agnre as follows: a. I i '~} ~~i'c ~y :~.~~~l:a^~~jY 't+',l"~ Gi~S~Y 7~"s}'{~~4C >`„f.,t^t :v.7r ]i.r. .r-2. J} A. charge to the Water and Sewer ~uundary'~'ask Tnrcc ~. Since #~e rrud 198Q's, several attempts to define water and sewer service boundaries fvr Orair~e County and tl~e ~rnunicipalities of Chapel Hill, Carxboro and Hillsbaraugh Have been undertaken. bx ~99~4, a Task Prce was troxmed consisting. of elected ofFics from Carrbora; Chapel Hili, i~ilisbarough anal Orange County, as well as two ambers of the Orange Water and Sewex Authority Board of Directors. Tk:e charge to tho Water and Sewer Service Boundary Task Force is attached as Appendix B. . B. Furpos~ of ~'a#er and Serer boundary Agreement I . To provlcle a ca:nprehensive, County-wide, system of se~Cvice areas for future utility development and interest areas for deali~lg with ~ private water and wastewa#~er system prablerns i~a areas without. public water and sewer service. ~ . ' 28 2. To con~~Yernent growth m~~,ernent o6lec~ives, mid use plans and annexation plans in eXisting agreenr~cnts, such as the Crar~ge ~ow~rty-Chapel 1~Ca~boro Joh~t Pia~u~ng Agreement and point Plannir~,g Area Y,and C7se Plan 3.• • Tv resolve in advance and preclude future conflicts abort future service areas and. annexation areas. ~. To provide far predictable 1ar~--range water and sewer capi#al'inzprovementplonning and financing. ~• 'i'o provide for lirnitaticxns on vV~ater aid. sever service in certain. areas, as defined. A. ~ ~ffi~efive late of the Agreement 't`his agreement shall becoxue effective upon exeeutio~ by all of the parties.aad signature by the chief elected ax appointe~i,of~iciaa.. B. Tee of Agreement 'mss a~~eexr~ent sha11 r~aaain in effete fvr tam (l U} years from its execu#ion, and shad be renewable as provided in die fol~nwing subsection. C. ]E"racodure for renewal At the ~d of each ten year term., the ag~een~t shall renew automatically, unless written ncrtice is provided of irtte~nt to withdraw as noted in subsection l~ below. . D. Proceaare fox p~rop~osixig anc~ acting orx changes i~t agreement including boundaries 1. Any. change to the ag~reexne~ (including ' boundaries) requires approval of all parties to fi~ . agreement. 2 29• 2. The additiar~ of other parties to this agxe~rnent shall be by consent. of the current parties. ~. Pr~o.^.sdure for withdrawal fronafdecisiaa na# to renew the agreemen# 1. A. party may not withdraw fro~~a the agreement, until ft holds a public hearing on the proposed withdrawal followed 'by written notice to the other parties within all days. of the public hearing. The witlidrdwal sl~ll be effective one (l~ year following receipt by the a3her patties of the writtc~ notice. 2. if a party to the ~agreement.'uv'ithdraws as pmvicl~ above, the a,gr~;ement remains h~ effect as bo the other parties until all but one party vc~ithdx~.ws inthe manger provided far the in this a~"reerner~: ~'. ~ ,,~ccouatability of Future Parties Future utility providers tliai: wish to become parties of this agre+emeat must be fioar~.cxally and technically capable of providing waterlsewer service to address public health emergeizcies or other identified public facility .needs, as defined by the parties of the boundary agreement. 'the provider must have adequate system cepaciiy; techtaxcal capability aid financial asses to address system problems vrrith~in its interest axes wjthaut compromising service to cux~relrt customers. ~. Courtesy Review of 1)eveloprnea~# Proposals Within Service snd Interest Areas 'F#~e water and sewer providers that are parties #o this agz'eeme~ will be pravirled courtesy review aRnd the right to provide written input into utility design and tha prevision of easements for all new ana~or subdivisions slid other resideni~at and nan_- residential site plan approvals within their service area and 3 30 interest area.'I`he parry to this agxeenxent with develaptnent plan re~.ew authority shall retain approval authority far all development proposals within its planning.isdictaan. ~I. ~.inlCage with the Qrange Coun#y9Chapel Carrimro point J'lat~.ning Ag~emen# and other future agr~ments Ties agreement sha11 be made part of fine Orat~,ge County-Chapel bill-Carrboro Joint Plannitng Agreenner~t, by reference, and to any future cooperative planning agxeen~errts that may be entered into among same txr' all of the parties. Termina~on o€~e Saint Planing Agreement ar any other cacioperative glaxu~ing agreement does not ter,~inate this agreement. 'ferminakion vFthis agreement can only be acaompl2shed as provided ih this agreeme~rit. Similarly, the withdrawal of a party #'ron~ the Jaizit Planning Agxeernent ar fivm any other cooperative plaru~ing agreement does riot constitute witlidravval from this agreement. ~itl~drawal fmn~ this agreement can only be accomplished as provided iii this agreement ?S' 7 ~, ~ !! ~ ' ~~~~X~k.. ~ v~'rj~'p ..`~ ^f - ~.. ~~,-_tatrr r.-"-~.~! r =~Y t`~~;?~-~~w'-n ` i~ ~ i ~! ~ ~ ~ ~'~~','''> >r c=~ r~. ~ d-_ ~ ~ Fix v,yy~. ~ ~Z,{~. c~,.tit~> ~r 1; !~+ ~. Prin~ury Se~rviee Area.: An aiea (as shawc~ an the V4~ater and Sews-r Service Bauuclary Map, which is Append€x A} when water andlor sewer service is now provided, ax rnigktt reasonably be prav~idex~ in the future, according to adopted plans $nd fnture arr~endments to adopted plans (~ereFrtafler referred to as "service area"}~ . a jrsr x~..,o M,y~prw.grsd NFi xrw,vgrrsRhionm~r /.aryE-roa rh~~4ruw~hwaaa serrcr IKaas a+aesenoeidmdJro.~r+PpRra gkNt: nq~~t n NaFrAemyy'm~er.lm ~VVA ~.aug '#'erin ~ntexes# Area. An area (as shown orx lhe'~Nater and Severer SeEVice Baundexy Map, which is Appendix A) within which public wager ~tZdfor severer service is x~ot anticipated to be made, but i1'such services are to be provided, OWA.SA ~~vi.ll be the responsible utility service prcrrrider. Lang 1 eran. Interest Areas are not ser~rit~ areas, and do riot include areas outside of Orange Caanly. 31 C}~IASA's Lu1~~-'I'exm Interest Area is hereinafter referred to as 4~t?'ASA's "interest area" Qrange Cou»#y Loag-'r'eran Inter,~t~t Area: Tl~e areas of Grange County planning ju~sdictian {as shown. ail the Water and Severer Service boundary map, which is .~ppend~c A} not part of a Primary Servie~e Area or another' Long~Term interest Axes within which public water and~or sewer service is not anticipated t4 be made, but if s services are to be pra~ided, Qrange County will be responsible for eoordinaang the provision of utility service. Long~'~erm Iritexest Areas are not servlce areas, and do nat include areas outside of Orange County. Orange County's T.,ang~Term Interest Area is hereina~er referred to as Orange County's "interest area." llssential Public Facility: Apublicly-owned facility, or a facility wholly financed by Federal, State or local gaven~ment {ar a combination thereai} that provides a service t'vr the health, safety and general welfare of Cvianty residents {far exmnple, a school, fire station, public safety substati.vn oar solid waste convenierxce center). Adverse 'Public wealth I~:onditian: Ain..Adverse Public t-Iealtlx .. Condition. exists in the case of a'wastewater system(s) when it is {l) failing, {2) dacume~~ted to be failing by tl~e Grange County l; iealtl1 Department, arnd {3} no ox~ site repaix is approvable or recommended by the mange County Flealth l7epartment; or, in the case of a well water supply system, it meets all of the following criteria: . 4 the well water suplaly system is contaruinated with a microiaial; chemical or oth+~r agent which is lcczawn to cause disease ar other serious,health effects; ~ the well water supply system is not reparable to the point where the cantantinatian can be elirn.inated; ~ . 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; 4 there is no altercate location on site for a new well water supply. system which can bo permitted under Orange County Health Depaer~t regulatory 5 32 criteria in effect ax the ti~no of the contamir~atiorx or an alternative site is ux~accegtable bBCa~use widespread BXiStenGE', oI Garitar~]inat1411 ar because of the pvterztial of contaminant t?nigration to the alternate site. A description of these terms atxd their application is provided in ctian "DTI of this Agree~xaent. . ~'>*b~ic Water yr I'uhiic Sealer Se~ce: 'The provision of ~va~r andfox sewer sexvi~ce by a party to this agreement. 'This definition cues not include consulting services andlor technical assistance services. emergency ~'ater'Trsrnsfer: Any share term transfer ofraw water supply Qr finished driu~.kir~g water supply from one service provider to assist another service~provider in meeting watex needs during: a) .uxxartticipated disruptions or exnexgencies relating to raw ar fuushed water suppf~r, Such disruptions ox emergencies may insult frame events including, but not lin~.ited to: (i} hurntan error; ii) ec~uipn~~mt or paver failuro; iii) supply contamination; iv) major flr~s, Toads, droughts or other disasters; and v) operations ar facility xr~azntensmce activities, ox lx) periods when temporary, sl~oi~-terra disruption of water supply ar finished water service may occur as a result of planned or unplanned rtu~intenarkee of major water supply, pumping, transmission, treai~nent, or storage facciixties. Nan-Emerge~ey WaRter Trattsf'er: Ariy transfer froxx, one water service provider to another water service provider of rAw vv~ter suPP1Y or finished drinking water supply which is not an emergency water nsfer. 'Wastewater transfer: Any transfer froru ore was'te~vater sere provider t~ another ~rastewater serv~it~ provider. Water anctl4r Sewer Pravlder: A municipal corporation, county, private nom proixt water system, ar public v~-atcr and sewer aut~rority 33 under the ~.~. Creneral Statutes that provides water andlor sewer service to the public. . A,. Service Areas and Imfi~erest Area ~oun~daries T`he service area and interest area. boundaries are as shown in Appendix A. . ~* Adherence to Louaciaries 1. The boundaries on the tnap {Appendix A} define the areas in which the psrlies may provide water and sewer sett-ice, anck no party to this~agreernent shall extend service beyond the designated boundaries, except as provided in tbis agreement. In na case shall service be e7ciended beyond t3~e boundaries of C}range County witha~at the appro~~a1 of t1~e eXected baard6 which exercise planning jurisdiction on either side of the County bouni~ary. Airy extension o~lines ar service into Chatham County requires the apl5roval of Grange County, Chapel l•~ll or Carrlaoro, arr~d O'WASA. 2, f?WASA presently provides water and sewer s~vicc3 outside of~~ f~WASA Service Area shown on Appenchx A. ~S ~1oWB: laeatibn service provided heritage Bills Subdivision • water axid sewer ~angewood Subdivision _ water and sewer Piney Mountain 5ubdivisivn s~+er only 34 ~WASA n~.ay continue to provide water ~d sewer service and mazy extend water and sewer service within these subdivisions provid~l it does sa consistent with OWA-SA policies and interZocal agreements t~:lated to theso services that e~cist cm the effective date of his ~ agreernen~. Any change to those policies and 2nterlocal agreements after the effective date of this agreement can army be accomplished by an amendment to tl~s agreement. ~~ x ~~~ I~ S-.~. I !~, r-,~`-x: ~{'- ~ _ .1.3,:.5-~ t ~.. ~ ~ ~~4~3:~`~l`~~~`~~r~~ r'`''L^if~~{~y~ A. Pol'iCy.I55ues Planu~ing and growtlx i~nag~meErt issues are influenced by the location of water and sewer, This agrx~tnent is not intended to supersede other lard use agreements ruade by the local govemn~e~ts. . ~. Procedures for the provision of service within the Service Areas and ~ater+egt Areas 1. When water and fewer service pra~-isic~n is required to address an adverse public health condition, or to provide service to an essential public ~f~cility, the designated pxovidex for tha service area ar interest area shall have t1~e xight o~ first refusal to provide such service. 2: Within the service areas and interest aroas, the water and sewer provider will agree to provide service, as defined In S agre£i~I3.e~lt, aS S~f$te~ CA~?aCitye finanGlal r@3Ql~rCeSf ;~ aird other reasonable ~ality eansideratiorts allow, and as provided in -this agrnent. 35 C. Policy of "f rst refusal" 1. 'moo designated water and sewer provider within a Service area or interest area k~as firsf right tv pravicie service if an adverse public heaitlZ condition or essential public facility service need is established, and public wager nr public sevs~er service is determ#ned to be required to address the adverse public health caondition. 2. If the desisted water and sewer provider deciines to provide service, it must ~tify the other parties to the agreement with a statement of rationale. ~. ' The desig~at+sd water and sewer provider inay confract with another service pravicler to address the situaticm:, in tl~e inauner prescribed in Section VY of this atg~reetnent, upon consultatiEOn with other,jurisdictions. 4. Ifno other water axxd sewer provider is available, Orar~e County retains the right to address the adverse public health condition or essential public facility need i~x the manner prescribed in Section V't of this agreement. u r v ~ A. Prahiiritio~ts And Limitations on ~atte~asion Mato Interes# Areas `t'he development of land within interest areas is nut pmjec~ed to occ~zr at t~rba~a densities, and therefore, public water and sewer service shall be prohibited ire these areas, except as provided in thin agreement {Section VI.r3, VI.C, VI.T?, VI.F, ~I.A, ViI.B, ~.C}~. Individual an~ site and smallfc4nrkrxtunity-scale alternative water supply and. wastewater. ~eat~nent systems not physically connected tv central systems will be the primary methods of mee~ittg ~e wager and. sewer service needs ofexistin~g and future development. 3. ibid. 9 36 ~. Advearse P;>!lblie ~ea~th Conditions An exception to the prol~bitian of pubic water and sewer seruice itr interest areas nay be made to aliov~r the extension of.lines in the event the Qrange County ~Iealth Department doc~xments an "adverse public health condition." . An adverse public health condition exists where: 1. In the case o€ existing was#ewai~r system{s), it meets a3.1 €~f the following criteria; ~ the wastewater system is failings 4 fine wastewater systerr~ is documented to be failing by the Orange Gaunty wealth Department; + #here is no on~site repair approvable ar . recaanmer~ded by the Orange Caur~ty I^IeaIth Department. the fo~law~g terms used in the criteria above mean: pailina~ .astewatear System: A wastewater system is failing when sewage ar e>~uert is seeping oar discharging to the ground surface ar to surface waters. A permitted, properly-functioning non discharrge wastewar systear~ (e.g., a sparay-irarig~ian. systenx) and a permitted., properly-ftuictionirig discharge system are not failing wastewater systerx~s. Aprzra~rable_On-Site Repair: An approvable on site wastewater system repaix that can be completed im a designated zepau area which is approvable under Orange County I~ealth f3epartment regulatory sviUsite criteria in effect at #ho time of the.naaded repair. Reco_rntnended O~n~-Site Repair: A recom~tended on situ repair is one that is not axi $ppro~rable orar-site :repair, but is one tit in ~e best professio>aa1 judgment of the grange County ~eslth Deptx~ent will reasonably etlabl$ the sysl~em. to fvnc#io>a properly. A, recam~nended on~site repair may incorporate engineered design (a design certified by an er~ginecr to overcome all svillsite Iinaitatians in the particular situation), site a! a 37 ox system modification, flow reduction ar other measures calculated to impt'ove funcd.onality of the system, 2. In the csse of an existing welt water supply system{s}, it meets . all of the fallowing criteria: t the wel l water supply system is contaminated with a microbial, chemical yr other agent which is known to cause disease or other serious health . effects; . + tl}e well water supply system is not repazable to the point where the contaaxzinat-ion can be e)i~ninatecl; ~ the water tom the well v~at~r supply system is not treatable prior to withdt'e~wal to the point where the threat of disease ar serious health effects is elsminsted; ~ there is na alternate loca#ian an-site for a new well wetter supply system wbicli can be pvittecl under Qrange County I-Iealth Department regulatory Criteria. in effect at the time ofthe contamination ar asa alternative siL'e is unacceptable ~ bccanse widespread existence sal` contamination nr because of the pottial of cantarninant rnigrativn tc~ the alternate site. The following terms used i.n the criteria above mean: Well: A well i.s any excavation that is cared, bored, dxi~led, ~Ettecl, dug or otbervvise constructed for the Purpose of locating, testing, develop}ng, draining or recharging any grou~td water reserves oar aquifer, or drat nay control, di~rert, or ©therwise control the movement of water from or into any aquifer. 1~e11 'W'ater Sup~~ System: A v~-el1 water supply system is any we11 that is intended for use or is usable as a source of water supply for damesitic use {utcluding bonsehold purposes, faun livestock, ar gardens) and pump and I1 38 • pips used in cotrvectian vvi~i yr pertaxrung thereto, including well pumps, distribution pipes, plumbing pipes, tam, £~ttuxgs, and water traatn-ent devices. The Orange Cnunty 1:Iea~h Departme~n sl~ali make the determination as to whether an. adverse public health condition exists, and shall snake a recommendation on the apprapriaL'e remedy to the governrnentai endty(ies} ~ thG appropriate interest area. The Final decision to use any particular means ar tool for rectifying any particular adverse public health condition remains, through zoxung regn~lations ar other land nse ordinances, with the governmental. entity or entities havu~g zoning ar pla~u~g jurisdiction over file area where the adverse public health condition exists. in die Qrange County~Chapel mill-Carrboro point alarming Area, the Joint Develop~anent review Areas shall be, used to determine which of the Ji'A parties shall joia~y decide an the appropriate means yr tool for rectiTying 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 far other purposes ar athex parties, except as provided in Seatia~.~ ~TI.T3. ~ - C. Sizing of Lines Extended into ~nterest~Arcas ~'!te extension of public water or public sevtrer lines into as interest area shall be sized so as to coxnpiy with State techc~ical and engineering regulattnr~s and only to serve the intended use, as defined in #his agreement. ~awever, in the case of a public watez lime extension, provisions snail be made to address adequate line sizing for pressure and volume considerations. ~. Cu~ttralling Access to Lines In ~terest Areas 1?ublic water or }aublic sewer lines ~xtendcd tv provide service ~o ari adverse public health condition or e~sen~al public facility cannot be used far other purposes ar other parties, except to remedy another adverse puirllc health condition. t~ 39 ~. Siting o#~ssential Public ~'neiaitiES ~Vitl~in Interact Areas Thy location of same essential public facilities, particularly schools, requires special consideration far access tQ public water and sewer lines. Where passibles schools shall be Sited ire a manner that promotes the efficient use of existing water and sewer service. Freferably, a set of oxiteria governing such situati~s wot~.Id be developed based on consultations between the appropziate school boards and the elected officials of affected jurisdictions, and applied as necessary. Publicly-awned facilities other than a public school shall be lacatod in a manner that prdrnotes the orderly provision o~ ~~ter and sewer service. 'The preferred rne~vd of cormectian ss to lines that alxeady exist, or in a manner that would minimise: the need to extend existing lines. ~ . F. ~7~'nter earl Sewer Service IntalUut of I3range County ~V'ater and sewer service of any of the service providers that are parties to this agreement shall not bs extended outside of the boundaries of Qrange County without the approval of the elected boards which exercise platx~ng jurisdiction an either side of the Crninty boundary. y extensi~ of Xines ar service into Chatham Caurrty requires the approval of i7range County, Chapel Hill ar Cars~oxn, and UWA~S,A.. This approval is not required when water• anal sewer service is required as a condition of ar~nexaticmi by tl~e towns of Chapel Ill ar Carrbaro. r ~~ ~ ~~' ; ~ , ~ S tip.- , i ~ P~ ;~ . ~~ ~~~ ~ ~ ~~ ; , ,° „1 j ~~ ~ ~,~,,-, 1. ~ j x_ l~ ka A. T~,mergency- WaterTransfers (This subsection shall. not apply . to any system operated by a muiucipality} 13 40 Bmergency water transfers are transfers that: 1. Are made for short term dc~rativn. Far the purpose of this • A.greernent, short-Merin duxativn shall be reviewed at 3d days 64 days and 90 days, with subsequent 90-day servals up to one year, as per the faliowing process: a, After 30 days duration; a enema from the chief administrative o#~cials ofthe service providers will be sent to th$ managers of the jurisdictions that are parties to this AgFnent. The memo shall document the emergency, Steps being taken to address the situation, and notify the managers of the pot~rttial fur a lariger period of the emergency watex transfer. b. ~At b4 days, the service provider sending rise water shall notify its elected boaxd (ar, u~ the case of ~wASA, the rnernber govenunent elected boarcls~ on the status of the emergency sad provide _ c~pportunitsr far the boards to r~;vi~;w and comment • can the situation. Th$ ieceivirtg pravidex .shall provide sirnilax infor~aaaiion. c. T3etween 60 days and 90 days from inception vF transfer, flee elected boards which exercise plar~g jurisdiction an either side of the boutadaxy in which the Service is provided shall review and apprgve or not approve axe continuation of the trai~sfar beyond 90 days. If c~tinuatfun of the transfer is appr~rved, it may continue for an additional 9Q~day period.A-pprvval shall be required for each subsequent 9(?-day period, with a rnaxFmuCn emergency water transfer duration of X65 days from ~ception. Lack of action by the elected boards as provided in this subsection 14 41 constitutes approval for tl~,e subsegwent 94-clay period. d. At the 3a~-clay point, the service provider shad determine that adequate water and other resources and facility capacities one available to support the extended emergency t~cansfer witha~zt adversely affecting the quality and quantity of water supply and services to custa~n+ers witliitx its service area, and without adversely affecting environmental qualify within its service area; 2. Axe not intended m provide ra'w ax finished water supply necessary to support new.growth and development within the service area of the service pro~ridex receiving the transfer. Neither party shall, in planning far future gronvth and associated ixaereases to water supply needs, rely upon water from the otl~r party supplied onder his agzeemertt to serve such growth. . ~. A service provider experiencing a water emergency acid receiving emergency water transfers must agree to a,ct expeditiously and adequately tc~ mitiga#~e attd xemove the causes of the etnerger~cy conditions. ~B. l~an~l~mergency VVatcr'~ransfers (This subsection shall not appl'S'to the Tawn of I~ilisborough until January 1, ~OIiS.) Nan emergency water 1x~a~zsfers are only permitted with the approval of the Orange County ward of Car~nissiatters and the elected or appointed boards of the service providers providing andlvr receiving the transfer. If Q~A.SA is the service provider, approval must c©me from tb~e ~~r~iSA Board 15 42 of Directors and the effected ,boards of Carrlaoro, Cha~ael. dill and Qrange County. C. r4~Vastervater Tra~fers Wastewater transfers are only permitted with the approvai of the age jaunty board o~Commissioners and the elected or appointed boards of the service providers providing the transfer. Zf CJWASA is the service provider, apprQVa1 moat carne firaxn the QRTASA hoard of Directors and the elected boards of (:arsboro, Chapel Hill and flrarfge County. Linkages to Uth+er Agreem~en~~ There at1e a number of existing; agreements anaQng the parties to this agreement that ere relevant to the nisnag+~rner~t and playing of.public water. ar~d sewer service. ~n addition, this egreemeat surd those listed below shouid all tie read together. '~lher~ inconsistencies exist, this a~g~einent sha11 control, except as otlxerwise provided bylaw. Included among these relevant agreen~.ents with linlrages ~: • Hi.llsborovgh-Durham Service Area A.greetne~t • Q~'ASA-Durham Service Agreement +~ i~rna Ztiver Capacity Lisa Agreement ~ Hillsborougl~lQrantge-A.lamance Water Systems Agreement • Ot~VASA»Hillsborough Service Agteement I~WASA»Hillsbora~igh ~3ulk'iN'ater Transfer ~greemennt~ • Chapel Hill*Durhaxn Ar~exation Agreement • . ~uh~al ,Aid Agreement . • Tc~dan Lake .A~llocatio~s~ franl NC DE~NR ~ ~ E~WASA Agreements +~f~urcbase and Sale between 1) QWASA and Carrborv, 2) t~WASA and ~:liapel Hill, ahd 3~ OWASA ar~d ~C ~s C~iTASA. Agreezne~nt and Fc~licy rely#ed. to exfi~nsions ~f watex and sewer intro LTinive~si~+ Lake Watershed (applicable to water and sewer service to Rangew-ood Subdivisian and I~eritage ~]]s Subdivision) ~ ~ CWt1SA grange Caw~ty Agreements related to Fir~ey . Maantaain Subdivision sewer service ~ ~ q , ~ d 1 , ~ ~~~(~k ~;~~K'ti_-e.~' 1s! ~, ' rn~,~t~"~ ~yy~x~' ,,, a,~._~~x~~' ~ y~r,.~t ~ ~<: -l.r ~~i4a 1 :.t `~j ~ ~ E _M~E" ?i~r~ .her 'l~>u s.1, "~ ~ti,~ ~<S'~'fit ~'~9p'r' .r _ j3Xr: { . , -+ ~r_ A. Water and Sewer Service Boundaries map . ~. Charge to tb~e Water and Sewer Boundary 'Y'aslc Farce C. 'f'oolbox of Remedies far Adverse Public I-health Conditions ~. Jain Pi~*~nin~ Area Boundary 1vlap . B. Comprehensive Plan Land Use maps fc~r all ~3range County locat govert~rnents, axzd of Cha#h~n County .. 43 17 44, ~~rs ~c~~ivfr ~~~r~ ~~v~ra ~s . ~A~ o~ isgrorarigecuu~yl417f~ 1 t ersioaxxtsewc~c~n.ngt.do~ I8 Appendix A Water and Sewer Management Planning and Boundary Agreement /~P .~pr°a ~~ / ~~` 1 ~1d.. \_ j :veer Boundaries: Hillsborough Primary Service Area OWASA Long-Tenn Iraeresl Area Orange County Primary Service Area OWASA Primary Service Area Orange County Long-Tenn IntereatAree 2urel BulFer loundary 1 2 ~ Miles inch = 1.000929 miles covey waawg and lnspecllona oepatmarc adarad Sbeara, Milan Cobrnarr, 2002 snow renacled CnaPe1 rw uro.n sa>•roa earnaay Prepared by Carle NRrRehIF 11HND1 Oriyhd Map Prepared by Befh McPrlaal OIH7i97 46 Attachment 3 47 Grr • ....~"' Proposed Changes to Primary Service Area: Original Primary Service Area to be Retained (5,287 ac.) ® Added Primary Service Area (1,888 ac.) ,~>;.~ Removed Primary Service Area (170 ac.} Orange Coady Plerudng and hspecrions Departmerd GIS M~ Prepared by Mirt~n Coleman, September 29, 2009 M1ieS proj~ryon; North carelrre Stare Plane (feel) 1 inch = 1.021289 miles Daum NortnAmedcant983 Legend: +~+~...~ dland•Mebane Small Area Plan Boundary VV&iter and Sewer Boundaries: Wllsbol+ough Primary Service Area OtNASA Long-Term Interest Area Orange County Primary Service Area OtNASA Primary Servitx Arm O Orange County Long•Term Interest Area Proposed Changes to Water and Sewer Management Planning and Boundary Agreement Cheeks Township 48 Attachment 4 49 50 Attachment 5 51 ~.:. _ ;,~ ~, ' , ~ _. ,,~~_ _ i ~ . r,.- '. ;3 -~ :~ '~ ~-~: -- ~=~` ,_, ~~; ._ °- t~ -~.« i o~age carry Poemkq as impernoro oepsenert GIS Map A'eParca gFwnam Cakman, SepldnOer90, 2009 PraJetlbrt NOM Cararna Shoe Werle (taq DIWO: NOfV1AmCIt3I119B9 Orange County Upper Eno Critical Area 1994 and 2005 Data Layers ... ,, ~~,~ - ~ ~ . _ Legend +.. '+ , ' k ~ __-- ~: - ~ ' ' i__ Seven Mile Creek Proposed Reservoir ~, Jy ~ ~ tti r ~' ~ ' i~ ~` > ~~~ w ~ Lake Ben Johnston buffer •.. s ~` a ~`a '~ ~ ', ~ Corporation Lake buffer ~' ti -. '~ a .~ ~ Eno River buffer ',ti_ r~ ' ~ 1, . ~. 0 Lake Orange buffer -' _~ ? / , ~,-s.: ~ C~ (p r~ ~ ~ ~ ~`' ~ Seven Mile Creek buffer ro ed reservoi ` ~ ~ West Fork on the Eno Reservoir buffer ~~ Upper Eno Watershed `' ' Critical Area 2005 Data Layer ~. - _ =• ~ p~ Municipal Jurisdictions ~ ~'' ~ - r... ... ., 4 ;..••.~ 1994 Critical Area Line . - - •• __ ~ ~ ~ ~ i1 -_ , ' ~ 1 .' - ' .The previous,Upper Era Crltlwl Area data ,,, ' , ~ ~ ley layer w*as created before 5-foot digital (GIS) - , topological data was available, and before • °~ x ~ ~ the West Fark on the Eno was completed `- ; 1 '• _- ~Thls data Is based on the General Location ~ ' ~`_s, ~ ~~ •~ y.,• - statemarR Of the Upper critical oleo, '. r`--~ .__.._ .~ ;:_, _~,. - ...-.,Orange County NC Zonl Ordinarx~ 4.2.27: r- ( t; ° ._ 'One~half mile from the normal pool of Lake Orange, - ~ -,_ ' ' _ +, 'r'' Corporation Lake, arrd poterrtlal reservoir sftes on ' `~ ~ ~ - •: .., fhe Wei Fork of tfw Upper F.no and Seven Mlle i ~ ~ t '' Creak, or to the rldgallna of the watershed, / ~~ ~ ,.. ; . , ' whichever Is less.' ,~ , 4 ,' r; t .~ ~ C ~ All butters are onefialf rMle (2640 from the normal • '! ~ ' ~ /~ .• pod elevation (NPq, or next hlgherAve-foot ~ ~ I Inrxemsrk when a rarmal pool value falls between ` t ~ ? I_ . `"f . ~ the flvedoot contour Ilnes• but do not extend ~ + .^ ~ beyond the Upper Era watershed rld~Ilne. ~ ' ~ ~ ,Corporation Lake. 538' NPE (540' twffered) ~ ~ J L l j ~' ~ r ;. ~ •. ~ ;Lake flan JoMston: 515' NPE (515` buttered) t 1` ' a !~ 1 :~ ( ; I _ ~1 Lake Orange: 615' NPE (615' buffered) -r___ ~ !~ ' ~ ~ ~ ; 'c - r ~ seven Mlle Creek Potenflal Reservoir. 581' NPE ~ - L1 1 ~'ii Ir,~ ~. ~~ ~ ~ r: ~ (585' buffered) ~' -;~{ ~' r ° West Fork on the Eno Phase 2: 643' NPE ~ ,11~- `~ _- _-` q v ~i 52