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Home My WebLink AboutORD-2007-018 - Amendments to the Orange County Stormwater for Lands within the Neuse River Basin 1 ORANGE COUNTY BOARD OF COMMISSIONERS ORANGE COUNTY PLANNING BOARD PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 21, 2007 Action Agenda Item No. C.5 SUBJECT: Amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes Erosion Control Division ATTACHMENT(S): 1. Required Amendments to Orange INFORMATION CONTACT: County Stormwater Ordinance Craig Benedict 245-2592 Ren Ivins 245-2586 Terry Hackett 245-2588 PURPOSE: To receive public comment on required amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin to reflect changes in the Nitrogen Reduction Offset payment calculation. BACKGROUND: To protect water quality at the local level and provide a higher level of service to citizens and clients, Orange County adopted the State's model stormwater ordinance in March 2001. The title of the ordinance as adopted is, "Stormwater Ordinance for Lands within the Neuse River Basin." The Neuse basin covers most of northern Orange County including the Town Hillsborough. The Neuse Basin does not include the Chapel Hill/Carrboro area which lies in the Cape Fear River Basin. Control of nitrogen runoff, or export, from development projects is a key feature of the program. As an option, developers can pay an in-lieu fee to the North Carolina Ecosystem Enhancement Program (NCEEP) to offset nitrogen runoff. In March 2006, The NC Department of Environment and Natural Resources Division of Water Quality (NCDQWQ) changed the Nitrogen Offset Payment Fee calculation method for in-lieu payments to the NCEEP to reflect increased costs. The County subsequently amended the Stormwater Ordinance for Lands within the Neuse River Basin to reflect this change. The new calculation method resulted in a significant increase in fees paid by developers to NCEEP. In response the development community lobbied the NC General Assembly to review the fee increase. Subsequently the General Assembly passed a session law in August 2006 that rescinded the increased fee. The law required NCDWQ to revert to the previous fee . tnrrt.:cnF ituemal_. i a:_.,'"r<: ;,,,,L 2 calculation method. That law also instructed NCDWQ to study fee and mitigation costs in order to propose a new fee schedule in 2007. As a result, the amendments made to the County's Stormwater Ordinance are no longer valid. Since the in-lieu payment schedule, which is set by NCDWQ not the County, is subject to change in 2007 and potentially periodically after that, amendment to the Stormwater Ordinance is being proposed that incorporates the fee schedule by reference rather than a part of the ordinance itself. This will save effort in the long term by not having to change the County's Stormwater Ordinance each time the State changes the in-lieu payment method. The amendments referenced above are contained in Attachment 1 with deletions shown in bold ^F strik r h and additions in bold underline. Orange County's Stormwater Ordinance is taken directly from the State's model ordinance and the amendments likewise originate at the State level. FINANCIAL IMPACT: The overall stormwater program was delegated to Orange County by the State. The program in Orange County's portion of the Neuse River Basin is partially funded by developer fees. Existing Erosion control staff is currently implementing and administering the program. RECOMMENDATION(S): The Administration recommends referral to the Planning Board for a recommendation to be returned to the BOCC no sooner than June 26, 2007. 3 Amendments to the Orange County Stonnwater Ordinance for Lands within the Neuse Basin April 2007 NOTE: The underlined text will be added to the Ordinance and the struck-through text will be deleted. The attached Stormwater Ordinance amendments conform to requirements by the North Carolina Department of Environment and Natural Resources for counties within the Neuse and Tar-Pamlico River Basins, Appendix 2 Table 2a: Nitrogen Export Reduction Options Residential Commercial/Industrial If the computed export is less than 6.0 If the computed export is less than 10.0 lbs/ac/yr,then the owner may either: lbs/ac/yr,then the owner may either: 1. Install BMPs to remove enough nitrogen 1. Install BMPs to remove enough nitrogen to to bring the development down to 3.6 bring the development down to 3.6 lbs/ac/yr. lbs/ac/yr. 2. Pay a one-time offset payment to bring 2. Pay a one-time offset payment to bring the the nitrogen down to 3.6 lbs/ac/yr. nitrogen down to 3.6 lbs/ac/yr. 3. Do a combination of BMPs and offset 3. Do a combination of BMPs and offset payment to achieve a 3.61bs/ac/yr export. payment to achieve a 3.6 lbs/ac/yr export. If the computed export is greater than 6.0 If the computed export is greater than 10.0 lbs/ac/yr,then the owner must use on-site lbs/ac/yr,then the owner must use on-site BMPs to bring the development's export BMPs to bring the development's export down down to 6.0 lbs/ac/yr. Then,the owner may to 10.0 lbs/ac/yr. Then,the owner may use one use one of the three options above to achieve of the three options above to achieve the the reduction between 6.0 and 3.6 lbs/ac/yr. reduction between 10.0 and 3.6 lbs/ac/yr. The table above discusses the option of using offset fees to meet the nitrogen export levels set for new development activities. These offset fees go to the North Carolina Ecosystem Enhancement Program (NCEEP). The NCEEP will utilize these fees in accordance with the Basinwide Wetlands and Riparian Restoration plans. It is the policy of the NCEEP to utilize the funds where they are generated to the maximum extent possible as long as they can obtain the cooperation of the local government. To ealeulate the total amount of offset payment, use the following formula; *Nitrogen Offset Payment — r (e57 /lb) x (ft of lbs /year) x (30 years) 1 (Land A f ost$ / A.) .. (I A e /35 A e - Neuse Nitrogen Export Options April,2007 4 *Faetor-will be adjusted annually based upon the construeflon cost judex for-whieh nAtigaden is being Yu f developed,proper-ty value in A-91'ar-s per-aef"f the property being based on th mitigation most meent tax assessment; 1 Ae/35 Ae represents an adjustment faetor-�� that one.aue of required every 35 development the requested mitigation. Offset payment fees and calculation methods are determined by the North Carolina Department of Environment and Natural Resources.Division of Water Oualitv (NCDWO) as approved by the North Carolina Environmental Management Commission. The total amount of offset payment will be calculated pursuant to the current fee schedule and calculation methods listed in section 15A NCAC 02B.0240 "Neuse River Basin—Nutrient Sensitive Waters Management Strategy Nutrient Offset Payments" of the North Carolina Administrative Code(NCDWO's "Red Book"). Please contact NCDWO or the Orange County Erosion Control Division staff for assistance in determining offset payments. ICI Neuse Nitrogen Export Options April,2007 e. . 5 Add item 5 to follow NC general statutes in serving notice of civil penalty 6. Hearing Add item 6 requiring a hearing when a civil penalty is issued 7. Final Decision Add Item 7 requiring the governing body to issue a decision within a set nmber of days after the hearing 8. Appeal of Final Decision Add Item 8 providing a process for appeals to be handled by the County Superior Court 9. Credit of Civil Penalties Add Item 9 clarifying that civil penalties collected pursuant to this ordinance are credited to the state Civil Penalty and Forfeiture fund for the benefit of the local school boards as required by the State Constitutions provisions on penalties, fines, and forfeitures. This requirement based on case law for state programs delegated to local authority. Recommendations • Hear public comments on proposed revisions • Refer to the Planning Board for recommendation • Return recommendation to the BOCC no sooner than June 26, 2007 Commissioner Jacobs asked Goof Gledhill about Civil Penalties Assessment Factors and said that there does not seem to be any place for the local government to recover the costs incurred in pursuing the enforcement option. Goof Gledhill said that it is not allowed. The North Carolina Supreme Court has decided that all fines and forfeitures go to the schools. Jay Bryan asked Terry Hackett if there were enough people to do the work to support the revisions. Terry Hackett said that he thinks so, but there is a little bit of a push. There may need to be additional staff at some point in the future. There was no public comment. A motion was made by Commissioner Nelson, seconded by Commissioner Jacobs to refer to the Planning Board for a recommendation to be returned to the BOCC no sooner than June 26, 2007. VOTE: UNANIMOUS 5. Orange County Stormwater Ordinance for Lands within the Neuse River Basin: Text amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin to reflect changes in the Nitrogen Reduction Offset payment calculation. Terry Hackett made this PowerPoint presentation. Amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River Basin Quarterly Public Hearing May 21, 2007 County Stormwater Ordinance • Program covers lands within Neuse River Basin only • Adopted State's model ordinance in March 2001 • State Delegated Local Program • Ordinance designed to reduce excess Nitrogen from stormwater runoff • Excess Nitrogen can lead to... • Increased algae • Decreased oxygen • Adverse impacts to aquatic species Reason for Proposed Change • State changed in-lieu fee calculation method last year • New calculation method subsequently rescinded by state legislature • New fee calculation method soon to be issued by state. Proposed Ordinance Changes • Incorporates state fee schedule and calculation method by reference • Eliminates need for frequent and time consuming amendments to County Ordinance Nitrogen Reduction Options • New Development must reduce amount of Nitrogen in stormwater run-off • Reduce Nitrogen On-site by utilizing: • Low density practices and/or • Structural stormwater controls (e.g. bioretention, stormwater wetlands, etc.) • Developers also have option to pay an in-lieu fee to mitigate excess Nitrogen In-Lieu Fee Option • In-Lieu fees paid by developers to NC Ecosystem Enhancement Program (NCEEP) • Fees paid for Orange County development used to help fund NCEEP projects in Orange County • Projects can include stream restoration, riparian buffer restoration/enhancement, or stormwater retrofits Recommendations • Hear Public Comments on proposed changes • Refer to the Planning Board for recommendation • PB recommendation to the BOCC no sooner than June 26, 2007 There was no public comment. A motion was made by Commissioner Foushee, seconded by Commissioner Jacobs to refer to the Planning Board for a recommendation to be returned to the BOCC no sooner than June 26, 2007. VOTE: UNANIMOUS 6. Orange County Zoning Ordinance: Text amendments to Article 4.3 Permitted Use Table and Article 6.29 Development Standards for Economic Development (ED) Districts. ITEM REMOVED D. NON-PUBLIC HEARING ITEMS 1. Agricultural Support Enterprises: Planning and Economic Development staff will provide an update on the proposal to create a new process and program for agriculturally related businesses. The process would identify a specific land use(s)