HomeMy WebLinkAboutORD-2010-048 Upper Eno Watershed Critical Area - Zoning Ordinance~~~~- ~2or~~ ~ ~~
AN ORDINANCE AMENDING
THE ORANGE COUNTY ZONING ORDINANCE
WHEREAS, on June 27, 2006 the Board of County Commissioners
adopted the Efland-Mebane Small Area Plan which contains a recommendation
to re-evaluate the Critical Area watershed line associated with Seven Mile Creek,
and
WHEREAS, County staff has analyzed the Upper Eno Watershed and the
Critical and Protected areas contained therein, and
WHEREAS, the Board of County Commissioners desires to continue
protection of water supply watersheds to a greater standard than is required by
State of North Carolina Rules,
NOW THEREFORE BE IT ORDAINED by the Board of Commissioners of
Orange County, North Carolina, that Sections 4.2.27 and 6.23.3, and Article 22
the Orange County Zoning Ordinance is hereby amended by adding (indicated
by underlined language in red) and deleting (indicated by stricken through
language in red) text as contained in this Attachment and which will amend the
boundaries of the watershed overlay districts depicted on the official Zoning
Atlas.
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Upon motion of Commissioner - ~ ~'~~~-~~ ,seconded by
Commissioner ~-c~'~~~'U--.~ the foregoing Zoning
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Ordinance amendments were adopted this the ~ day of
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Proposed Amendments to Section 4.2.27 of the Zoning Ordinance Attachment 1
(additions are underlined, deletions are in strike-through text)
*4.2.27 WATERSHED PROTECTION OVERLAY DISTRICTS
"Amended
1/1/94 a) Intent
The purpose of the Prod-Watershed Protection Overlay Districts is to
prevent significant future water quality deterioration in existing or potential
future drinking water reservoirs which receive stormwater runoff from land
within Orange County. Protection of all water supplies within the State in
accordance with minimum standards was mandated by the Watersupply
Watershed Protection Act passed by the General Assembly in 1989. The
quality of water in drinking water reservoirs can be affected by human
activities including farming, ebstFUMieR construction of highways and roads,
subdivision development, industrial development, and other land-disturbing
activities. Types of water pollutants resulting from these activities include
sediment, bacterial contamination, heavy metals, synthetic organic
compounds and low-level radioactivity.
The intent of the etwed-Watershed Protection Overlay Districts is to
apply a set of regulations involving land use and in some cases, structural
best management practices which protect the watersheds by reducing the
pollution from future development which enters drinking water supplies.
Land use management practices involve minimum lot size and impervious
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution. Structural best management
practices allow for more intensive land use by providing for temporary
detention of stormwater runoff so that pollutants may settle.
b) Application Criteria
The °rn�ed-Watershed Protection Overlay Districts as established in
Article 4.27.2.1 4.2.27 overlay other zoning districts established in this
Ordinance. The new use of any land or new structure within any r°,-�ed-
Watershed Protection Overlay District shall comply with the use regulations
applicable to the underlying zoning district as well as the requirements of
the applicable Watershed Protection Overlay District.
A Watershed Protection Overlay District will be applied to the Orange
County portion of watershed which have been classified as WS-II, WS-III or
WS-IV watersheds by the North Carolina Environmental Management
Commission in its implementation of the Watersupply Watershed
Protection Act of 1989. In accordance with the State Mandate, thirteen (13)
Watershed Protection District Overlays, as listed in the following table, are
hereby established.
Areas designated as "Critical Area" under the Orange County designation
are hereby established using the following criteria:
1
• The land area in the Upper Eno watershed (straight line distance) within
one-half mile of the normal pool elevation (NPE) or nearest available
contour line used for the calculation, of an existing Class I or Class II
reservoir or proposed water supply reservoir designated for protection
or the ridgeline of the sub-watershed, whichever is less; and
• The land area within one-half mile on each side for an upstream
distance of 2.5 miles (straight line distance) of any fifth order or higher
stream flowing into a Class I reservoir, or the ridgeline of the sub-
watershed, whichever is less; and
• The land area within one-half mile on each side of a fourth order or
higher stream flowing between any Class II and Class I reservoir; and
• The land area within one-half mile on each side for an upstream
distance of 1.5 miles (straight line distance) of a third or fourth order
stream flowing directly into any Class I reservoir; and
• The land area within one-half mile on each side for an upstream
distance of 1.0 mile (straight line distance) of a third or fourth order
stream flowing into a fourth order or higher stream that is within 1.0
miles (straight line distance) of a Class I reservoir; and
• Any isolated areas within the overall critical area boundary that drain
into any of the streams listed above.
• Areas designated as Transition Areas on the Land Use Element Map of
the Orange County Comprehensive Plan are excluded from designation
as a Critical Area, except for land areas located within one-half mile
from the normal pool elevation of a Class I reservoir.
• The land area north of the centerline of West Ten Road and west of the
centerline of the Interstate 85/U.S. 70 Connector is excluded from
designation as a Critical Area except for land areas located within one-
half mile from the normal pool elevation of a Class I reservoir.
The designation of "Protected" applies to areas of watersheds classified as
WS-II, WSIII, or WS-IV outside of areas designated as "Critical Area."
2
DISTRICT GENERAL LOCATION
UNIV-CA University Lake Critical One-half mile from the normal pool elevation
Area Overlay District of University Lake, or to the ridgeline of the
watershed, whichever is less.
UNIV-PW University Lake Protected The portion of the drainage basin of
Watershed Overlay University Lake not covered by UNIV-CA.
District
CANE-CA Cane Creek Critical Area One-half mile from the normal pool elevation
Overlay District of Cane Creek Reservoir, or to the ridgeline
of the watershed, whichever is less.
CANE-PW Cane Creek Protected The portion of the drainage basin of Cane
Watershed Overlay Creek Reservoir not covered by CANE-CA.
District
U-ENO-CA Upper Eno Critical Area One-half mile from the normal pool elevation.
Overlay District or to the ridgeline of the watershed,
whichever is less, of the following Class I
reservoirs: Corporation Lake (538' actual
NPE, 540' contour line used) and Lake Ben
Johnson (515' NPE and contour line used).
One-half mile (straight line measurement)
from the normal pool elevation, or to the
ridgeline of the watershed, whichever is less
of the following Class II reservoirs: Lake
Orange (615' NPE and contour line used)
and West Fork on the Eno (643' NPE, 640'
contour line used) ; and the land area within
one-half mile (straight line measurement) on
each side of other streams designated for
protection. These protected streams
include portions of: Eno River, Seven Mile
Creek, West Fork of the Eno River, East
Fork of the Eno River, Rocky Run, Stream
ID 1625, Stream ID 1498, Dry Run Creek,
Crabtree Creek, and Stream ID 2109. —
some• nn the West Fork of the Upper Enn nnrJ
Seven Mile GFeeh, nr to the ririnnliRe 9f the
vvv��
watershed, mhinhe"e�r i'G (Source of
elevation data: Atlantic Technologies Ltd.
1998 planimetric project approved by
Orange County GIS).
U-ENO-PW Upper Eno Protected The portion of the Upper Eno drainage basin
Watershed Overlay
r a n g a Ge rn e r ati e n Lake, W est Perk of +Rh,e,
Upper Gen and Seven Mile Greek not
covered by U-ENO-CA.
3
L-ENO-PW Lower Eno Protected The Orange County portion of the Eno River
Watershed Overlay Watershed within ten miles of the City of
District Durham Emergency Water Intake east of US
501 (Roxboro Road).
LITTLE-PW Little River Protected The portion of drainage basin of the Little
Watershed Overlay River Reservoir which is located in Orange
District County.
BACK-PW Back Creek Protected The portion of the drainage basin of Back
Watershed Overlay Creek which is located in Orange County.
District
HYCO-PW South Hyco Creek The portion of the drainage basin of South
Protected Watershed Hyco Creek which is located in Orange
Overlay District County.
FLAT-PW Flat River Protected The portion of the drainage basin of the Flat
Watershed Overlay River which is located in Orange County.
District
HAW-PW Haw River Protected The portion of the drainage basin for the
Watershed Overlay Haw River which is located in Orange
District County.
JORDAN- Jordan Lake Protected The Orange County portion of the Jordan
PW Watershed Overlay Lake Watershed which extends five miles
District from the normal pool elevation of the
impoundment.
Proposed Amendments to Section 6.23.3 of the Zoning Ordinance
(additions are underlined, deletions are in strike-through text)
6.23.3 STORMWATER INFILTRATION AND DETENTION
As a watershed becomes more developed, the amount of impervious
surface increases, causing a decrease in the rate at which stormwater
runoff which can be absorbed into the soil. This results in more stormwater
flowing directly into streams and other water bodies. Because this direct
runoff has not been filtered through the soil, pollutants from the air and land
surface enter streams and increase the potential for pollution of drinking
water supplies.
The effects of stormwater pollution on drinking water supplies can be
minimized by one of two general approaches. First, the amount of
stormwater runoff which reaches drinking water supplies can be controlled
by assuring that there is adequate ground area into which water can be
absorbed. This type of non-structural control is achieved through limitations
on impervious surface. A second approach is to collect stormwater run-off
in engineered ponds so that pollutants may settle. The water is then slowly
released and contains fewer impurities when it reaches the water supply
reservoir. The watershed protection standards adopted by Orange County
utilize a combination of these two approaches.
a) Non-Structural stormwater Control
The first inch of stormwater run-off shall be controlled to the
extent possible through on-site infiltration and through the use of
methods which rely on natural soil properties for absorption and
treatment.
In order to promote infiltration of stormwater runoff into the soil
and minimize direct and immediate runoff into streams and water supply
impoundments, the maximum percentage of the total lot area which
may be covered with an impervious surface shall be specified. This
limit is referred to as the "impervious surface ratio".
Impervious surface calculations for an individual development
shall be cumulative for original construction and any subsequent
additions. One-half of the width of any of any existing or proposed road
adjacent to an individual lot shall be included as impervious surface for
that lot, except in the case where an existing road was contained within
a dedicated public right-of-way at the time that the watershed
regulations were first applied to the watershed within which the
development is located.
Infiltration techniques not only remove both suspended and
dissolved pollutants, but they require less maintenance, reduce
flooding, promote groundwater recharge and help maintain stream flow
during dry periods.
Where on-site infiltration methods are utilized, areas for such
purposes shall be designated on the plat and shall remain undisturbed
both during and after construction. Undisturbed areas for infiltration of
run-off shall also be located downslope from impervious surfaces and
shall not include areas characterized by floodplains, highly erodible or
5
impervious soils, steep slopes or previously disturbed areas. Areas
designated as suitable for septic tank nitrification fields may not be used
for stormwater infiltration purposes.
Run-off from roads, parking lots, and/or sidewalks shall be
directed to undisturbed areas through use of berms, grassed diversion
ditches or swales, or other acceptable means to reduce run-off velocity
and filter out pollutants.
b) Structural Measures
Non-structural methods may not adequately control the first inch
of stormwater runoff due to the amount of impervious surface proposed
to be developed, and other factors such as soil type, slope, presence of
floodplains and erodible soils, and/or lack of vegetative cover. In such
cases, structural detention ponds, which capture stormwater for slow
release through an outlet, are required. Where required, detention
ponds shall be constructed in accordance with Appendix A.
c) Impervious Surface and Detention Pond Requirements
For all protected watersheds, there is a absolute limit on the
percentage of lot area which can be covered with impervious surfaces.
In some cases, detention ponds are required when the proposed
impervious surface ratio exceeds a specified percentage, which is
below the absolute limit.
Impervious surface and detention pond requirements are as
follows:
1. Residential Development
6
Amended 1/4/94; 8/21/01
DISTRICT IMPERVIOUS SURFACE/DETENTION POND
REQUIREMENTS
(RESIDENTIAL)
UNIV-CA 6% impervious surface limit.
UNIV-PW EXCEPT for all lots which existed prior to 4/2/90,
which are subject to impervious surface limits as
provided in the following Table (entitled Sliding Scale
for Residential Impervious Surface Ratios — Univ,
Cane, and Little).
* BMPs cannot be used to satisfy watershed
impervious surface requirements.
CANE-CA 6% impervious surface limit.
CANE-PW EXCEPT for lots smaller than two acres which existed
U ENG-SA prior to 1/1/94, which are subject to impervious
surface limits as provided in the following Table
(entitled Sliding Scale for Residential Impervious
Surface Ratios—Univ, Cane, and Little).
* BMPs cannot be used to satisfy watershed
impervious surface requirements.
U-ENO-CA 6% impervious surface limit.
EXCEPT for lots smaller than two--five acres which
existed prior to X946/1/2010 for date of amendment
ado tion , which are subject to impervious surface
limits as provided in the following Table (entitled
Sliding Scale for Residential Impervious Surface
Ratios--Upper Eno).
* BMPs cannot be used to satisfy watershed
impervious surface requirements.
LITTLE-PW 6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94, which
are subject to impervious surface limits as provided in
the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios - Univ, Cane.
and Little).
* BMPs cannot be used to satisfy watershed
impervious surface requirements.
FLAT-PW 12% impervious surface limit for new and existing lots.
HYCO-PW * BMPs cannot be used to satisfy watershed
impervious surface requirements.
U-ENO-PW 12% impervious surface limit for existing and new lots
BACK-PW outside of Transition Areas as designated in the
Orange County Land Use Plan.
* BMPs cannot be used to satisfy watershed
impervious surface requirements.
30% impervious surface limit for developments which
exceed a density 1 du/acre within Transition Areas as
designated in the Orange County Land Use Plan.
7
DISTRICT IMPERVIOUS SURFACE/DETENTION POND
REQUIREMENTS
(RESIDENTIAL)
Structural BMPs are required if impervious surface
exceeds 12%.
L-ENO-PW 24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
BMPs cannot be used to satisfy watershed
impervious surface requirements.
HAW-PW 24% impervious surface limit.
JORDAN-PW BMPs cannot be used to satisfy watershed
impervious surface requirements.
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SLIDING SCALE FOR RESIDENTIAL
IMPERVIOUS SURFACE RATIOS- SLIDING SCALE FOR RESIDENTIAL
Univ Cane and Little IMPERVIOUS SURFACE RATIOS-
UpperEno
Lot Size ISR Square Lot Size ISR Square
(Acres) Feet - -�-
6+Ac 5.0 Acres Feet
6.0 5.0 13,068 5.0 or more 6_0 13,068
5.9 5.1 13,107 4=9 6_2 13.234
5.8 5.2 13,138 4=8 6_4 13,381
5.7 5.3 13,159 4=7 6_6 13,512
5.6 5.4 13,172 4-6 6_8 13.625
5.5 5.5 13,177 4_5 7_0 13.721
5.4 5.6 13,172 44A 7_2 13,880
5.3 5.7 13,159 4_3 7_4 13,861
5.2 5.8 13,138 4_2 7_6 13.904
5.1 5.9 13,107 4_1 7_8 13.930
5.0 6.0 13,068 4_0 8_0 13,939
4.9 6.2 13,234 3=9 8_2 13,930
4.8 6.4 13,381 3_8 8_4 13.904
4.7 6.6 13,512 3=7 8_6 13.861
4.6 6.8 13,625 3_6 8_8 13.800
4.5 7.0 13,721 3_5 9_0 13.721
4.4 7.2 13,880 3_4 9_2 13.625
4.3 7.4 13,861 3_3 T44 13.512
4.2 7.6 13,904 3_2 9_6 13.382
4.1 7.8 13,930 3=1 9_8 13.234
3_0 10.0 13.068
4.0 8.0 13,939 2_9 10.2 12,885
3.9 8.2 13,930 2_8 10.4 12,685
3.8 8.4 13,904 2_7 10.6 12,467
3.7 8.6 13,861 2_6 10.8 12,232
3. 8.8 13,800 2_5 11.0 11.979
3.5 5 9.0 13,721 2_4 11.2 11,709
3.4 9.2 13,625 2_3 11.4 11,421
3.3 9.4 13,512 2_2 11.6 11,116
3.2 9.6 13,382 10. 2_1 11.8 10,794
3.1 13,234 2_p 12.0 10.454
3.0 10.0 13,068 1_9 12.2 10.097
2.9 10.2 12, 85 1_8 12.4 9.723
2.8 10.4 12,6685 1_7 12.6 9,331
2.7 10.6 12,467 1_g 12.8 8,921
2. 10.8 12,232 1_5 13.0 8,494
2.5 5 11.0 11,979 1_4 13.2 8.050
2.4 11.2 11,709 1_3 13.4 7,588
2.3 11.4 11,421 1_2 13.6 7,109
2.2 11.6 11,116 1_1 13.8 6.612
2.1 11.8 10,794 1_0 14.0 6.098
2.0 12.0 10,454 0_9 14.2 5.567
1.9 12.2 10,097 0_8 14.4 5,018
1.8 12.4 9,723 p_7 14.6 4,452
1.7 12.6 9,331 0
1. _6 14.8 3.868
12.8 8,921 0.5 15.0 3,267
1.5 5 13.0 8,494
1.4 13.2 8,050
1.3 13.4 7,588
1.2 13.6 7,109
1.1 13.8 6,612
1.0 14.0 6,098
0.9 14.2 5,567
0.8 14.4 5,018
0.76 14.6 4,452
0.6 14.8 3,868
0.5 15.0 1 3,267
9
Non-Residential Development
Amended 1 /4/94: 10/19/99: 8/21 /01
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS
(NON-RESIDENTIAL)
UNIV-CA Same as Residential (See previous Table)
UNIV-PW
CANE-CA 5-acre minimum lot size, with potential of up to five lots as small as
two acres for lots of record October 19, 1999 (Amended 10-19-99);
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surtace
requirements.
U-ENO-CA 2-acre minimum lot size
AND
6% impervious surface limit.
* BMPs cannot be used to satisfy watershed impervious surtace
re uirements.
CANE-PW 5-acre minimum lot size with potential of up to five lots as small as
two acres for lots of record October 19, 1999 (Amended 10-19-99);
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non-residential uses;
AND
on-site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non-residential use (139 acres
in CANE-PW).
* BMPs cannot be used to satisfy watershed impervious surtace
requirements.
LITTLE-PW 2-acre minimum lot size
AND
50% ISR for all fire stations and solid waste collection centers;
AND
12% ISR for all other non-residential uses;
AND
on-site infiltration of the first inch of stormwater runoff;
AND
a limit of 1.0% of the watershed for non-residential use (139 acres
in CANE-PW).
* BMPs cannot be used to satisfy watershed impervious surtace
re uirements.
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10
U-ENO-PW 70%
BACK-PW ISR in Commercial and/or Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan (high-density
option) with structural BMPs if ISR > 12%;
AND
50% ISR for all fire stations and solid waste collection centers
outside of Commercial and/or Industrial Nodes as designated in the
Land Use Element of the Comprehensive Plan, with structural
BMPs if ISR > 12%;
AND
12% ISR for all other non-residential uses outside of Commercial
and/or Industrial Nodes as designated in the Land Use Element of
the Comprehensive Plan (* BMPs cannot be used to satisfy
watershed impervious surface requirements);
AND
on-site infiltration of the first inch of stormwater runoff;
AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW
(5.0%) and 163 acres throughout BACK-PW (1%).
HYCO-PW 50% ISR for all fire stations and solid waste collection centers;
FLAT-PW AND
12% ISR for all other non-residential uses;
AND
on-site infiltration of the first inch of stormwater runoff;
AND
a limit of 1 % of the watershed for non-residential use (37 acres in
HYCO-PW, 66 acres in FLAT-PW).
* BMPs cannot be used to satisfy watershed impervious surface
requirements.
L-ENO-PW 70% impervious surface, with structural BMPs required when
impervious surface exceeds:
24% (w/ curb and gutter); or
36% w/o curb and utter .
HAW-PW 24% impervious surface limit.
JORDAN-PW *BMPs cannot be used to satisfy watershed impervious surface
requirements.
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11
3. Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios my be requested
through one of the following provisions:
a) Through variance procedures of the Board of Adjustment, as
described in Article 6.23.11 b.
b) Through approval and recordation of a conservation
agreement, as provided in Article 4 of Chapter 121 of the N.C.
General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in
perpetuity. In such cases, a modification of the required
impervious surface ratios may be approved administratively but
only to the extent that additional land in the same watershed is
conserved or protected from development. In such instances,
the land which will be subject to a conservation agreement
must be adjacent to the land proposed for development and for
which a modification of the impervious surface ratios is sought.
As an example, a person owning a 40,000 square foot lot and
subject to a 12 percent impervious surface ratio would be
limited to 4,800 square feet of impervious coverage. If the
person's plans called for 5,500 square feet of coverage (a
difference of 700 square feet), the recording of a conservation
easement on 5,833 square feet of contiguous property would
satisfy the impervious surface ratio requirements. (12% of
5,833 square feet is 700 square feet.)
The conservation easement shall describe the property
restricted in a manner sufficient to pass title, provide that its
restrictions are covenants that run with the land and, in form,
be approved by the County Attorney. The conservation
easement shall, upon its recording, be in the place of a first
priority lien on the property (excepting current ad valorem
property taxes) and shall remain so unless, with the approval of
Orange County, it is released and terminated. Orange County
shall require the priority of the conservation easement to be
certified by and attorney-at-law, licensed to practice law in the
State of North Carolina and approved to certify title to real
property by a lending institution (bank or savings and loan
association) doing business in Orange County.
Orange County approval of a release or termination of the
conservation agreement shall be declared on the document
releasing or terminating the agreement. The document shall be
signed by the Orange County Manager, upon approval of the
Orange County Board of Commissioners. No such document
shall be effective to release or terminate the conservation
agreement until it is filed for registration with the Register of
Deeds of Orange County.
12
Proposed Amendments to Article 22 of the Zoning Ordinance (additions are
underlined, deletions are in strike-through text)
ARTICLE 22
DEFINITIONS
Critical Area, County Designated - The land area within one-half mile of the
normal pool elevation (or designated elevation) of an existing Class II water supply
reservoir, or the ridgeline of the watershed whichever is less and the land area
within one-half mile of the normal pool elevation (or designated elevation) of a
proposed water supply reservoir designated for protection or the ridgeline of the
watershed, whichever is less; and the area within one-half mile of streams flowing
into Class I reservoirs, as designated for protection within the Zoning Ordinance
Amended
1/4/94
Critical Area, State Required - The land area within one-half mile of the normal
pool elevation of water supply iMPGURdmepAreservoirs in
which an intake is located (i.e., Class I reservoirs), or the ridgeline of the
watershed, whichever is less.
Reservoir, Class I - A body of water, such as a pond or lake confined by a dam
or other barrier to be used for public water supply from which water flows by
gravity or is pumped directly to a treatment plant or to a small intervening storage
basin and thence to a treatment plant.
Reservoir, Class II - A body of water, such as a pond or lake confined by a dam
or other barrier to be used for public water supply from which water flows by
gravity or is pumped to a Class I reservoir prior to final entrance to a water
treatment plant.
Stream Order - A ranking of the relative sizes of streams within a watershed
based on the nature of their tributaries. The smallest unbranched tributary is
called first order, the stream receiving the tributary is called second order, and so
on.
Amended
1/4/94 Watersupply Watershed (or Protected Watershed) Land that drains to existing
reservoirs which are public water supplies or potential reservoir sites or stream intakes
which have been designated for protection. All such lands have been classified by the
Environmental Management Commission as WS-11, WS-III or WS-IV watersheds and
require protection in accordance with the State Mandate.
13