HomeMy WebLinkAboutAgenda - 10-05-2010 - 4eORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 5, 2010
Action Agenda
Item No. 4 t✓
SUBJECT: Amendments to the Water and Sewer Management, Planning, and Boundary
Agreement
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) No
ATTACHMENT(S):
1. Resolution
2. Specific Area Maps
3. Existing Water and Sewer
Management, Planning, and Boundary
Agreement
INFORMATION CONTACT:
Craig Benedict (Orange County), 245-
2592
Perdita Holtz (Orange County), 245-
2578
Margaret Hauth (Hillsborough), 732-
1276 x86
J.B. Culpepper (Chapel Hill), 968 -2728
Trish McGuire ( Carrboro), 918 -7324
Ed Holland (OWASA), 537 -4215
PURPOSE: To consider adopting changes to the Water and Sewer Management, Planning,
and Boundary Agreement (WASMPBA) text and map.
BACKGROUND: Proposed changes to the WASMPBA text and map were presented at the
March 25, 2010 Assembly of Governments (AOG) meeting. As a result of comments made at
the AOG meeting, Orange County Planning staff revised the proposal slightly by keeping the 70
acres east of the Highway 70 Connector in the Primary Service Area. The area had been
proposed for removal from the Primary Service Area (see Attachment 2).
The Water and Sewer Management, Planning, and Boundary Agreement is an agreement
signed in 2001 between Orange County, the Orange Water and Sewer Authority (OWASA), and
the Towns of Chapel Hill, Carrboro, and Hillsborough. The agreement (included for reference
purposes as Attachment 3) 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.
In order to implement adopted plans, the staffs of Orange County and Hillsborough proposed
changes to the Agreement. Specifically, Orange County proposed changes in the west - central
portion of the County to further implement the adopted Efland- Mebane Small Area Plan. The
proposed changes will:
Change approximately 1,941 acres (includes Interstate right -of -way) from Orange
County Long Term Interest Area to Orange County Primary Service Area (i.e., add
acreage to potential water and sewer service areas)
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• Change approximately 100 acres from Orange County Primary Service area to
Orange County Long Term Interest Area (i.e., remove acreage from potential water
and sewer service areas)
The Town of Hillsborough and Orange County proposed changes to further implement the
Hillsborough- Orange County Strategic Growth Plan. The proposed changes will:
• Create a category of "Hillsborough Long -Term Interest Area"
• Change approximately 12,869 acres from Hillsborough Primary Service Area to
Hillsborough Long -Term Interest Area (i.e., remove acreage from potential water and
sewer service areas)
• Change approximately 240 acres from Orange County Long -Term Interest Area to
Hillsborough Primary Service Area (i.e., add acreage to potential water and sewer
service areas)
Attachment 1 is a Resolution to approve the changes. The maps in Attachment 2 depict the
proposed changes at a more easily readable scale.
All other signatories to the Agreement have approved the proposed changes. Adoption dates
were:
Town of Hillsborough April 12, 2010
Town of Chapel Hill May 10, 2010
OWASA May 13, 2010
Town of Carrboro April 6, 2010 (changes related to Hillsborough area)
Town of Carrboro September 7, 2010 (changes related to Efland- Mebane area)
These WASMPBA amendments are prerequisites to changing land use designations to
implement small area plans. The land use plan amendments are expected to come forward in
the first half of 2011.
FINANCIAL IMPACT: Work required to achieve the amendments to the Water and Sewer
Management, Planning, and Boundary Agreement has been completed by existing staff.
RECOMMENDATION(S): The Manager recommends the Board adopt the resolution amending
the Water and Sewer Management, Planning, and Boundary Agreement.
Attachment 1
(DES - bolo - (0 --7-4- 3
RESOLUTION
WHEREAS, in 2001, Carrboro, Chapel Hill, Hillsborough, Orange County, and
OWASA adopted a Water and Sewer Management, Planning and Boundary
Agreement; and
WHEREAS, in 2006, the Efland- Mebane Small Area Plan, which studied a
specific area of Orange County's jurisdiction, was adopted by Orange County;
and
WHEREAS, in 2006, the joint Hillsborough- Orange County Strategic Growth Plan
was adopted by the Town of Hillsborough and Orange County; and
WHEREAS, said adopted plans recommend modifications to the Water and
Sewer Management, Planning and Boundary Agreement; and
WHEREAS, amendments to the Water and Sewer Management, Planning and
Boundary Agreement require the approval of all signatories to the Agreement.
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners approves:
1. The changes to Appendix A of the Agreement as attached hereto;
2. The addition of text to Section IV. BOUNDARIES, subsection B.
Adherence to Boundaries and to Section III, DEFINITIONS as attached
hereto; and
3. The addition of Appendix F as attached hereto.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing
amendments were adopted this the day of
2010.
Donna Baker, Clerk, Orange County Commissioners
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Proposed Text Amendment and Addition of Appendix F Map to the
Water and Sewer Management, Planning and Boundary Agreement
Add the following text to Section IV. BOUNDARIES, subsection B. Adherence to
Boundaries:
3. The Town of Hillsborough presently provides water service outside of the
proposed Hillsborough Primary Service Area shown in Appendix A as
follows (see Map in Appendix F for precise locations):
1. Along NC 86S to slightly south of New Hope Church Road
2. Joppa Oaks, Byrdsville, Wyndfall, and Strayhorn Hills
neighborhoods
3. Wayside Baptist Church area
4. Lands across Strouds Creek Rd from Mars Hill Baptist Church and
Pathways Elementary School
5. Portions of the Watkins Rd, former Mill Run subdivision and Perry
farm
6. Along Orange Grove Road southwest of Interstate 40 and along
New Grady Brown School Road to Dimmocks Mill Road and along
Old Grady Brown School Road
The Town of Hillsborough may continue to provide water service to these
areas but may not extend water service in these areas or outside of the
Primary Service Area.
Add the following text to Section III. DEFINITIONS:
Hillsborough Long -Term Interest Area: An area (as shown on the Water and
Sewer Service Boundary Map, which is Appendix A) within which public water
and /or sewer service is not anticipated to be made, but if such services are to be
provided, the Town of Hillsborough will be the responsible utility service provider.
Long Term Interest Areas are not service areas, and do not include areas outside
of Orange County. Hillsborough's Long -Term Interest Area is hereinafter
referred to as Hillsborough's "interest area."
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Town of Hillsborough Existing Water Service
Outside of Primary Service Area - Appendix F
B U Note: This map contains boundaries that
would be in effect only if the proposed
amendments are approved.
tea.
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-HIIISborou h
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Legend
N Hillsborough Long-Term interest Area 0 t 2
Hillsborough Primary Service Area Miles
Oro�ga Canty Panning ana Inspect�s Clrpartmrnt
Existing Water Service Area c4S Map Prepared by Vriam Cole—n,February 23,2010
Outside Primary Service Area R.jecftn,rwrth Care—Slade Plane(1eet)
Ncrth Arrencan IM
Attachment 2
Proposed Changes to Water and Sewer Management
Planning and Boundary Agreement
Added Orange County
Primary Service Area
Removed Orange County
Primary Service Area
Added Orange County
Primary Service Area
OZ
Mebane
Gtd
Remaining as
Added Orange County Primary Service Area
Primary Service Area
C
f 1
Legend
N Proposed Changes Water and Sewer Boundary 0 1 2
Miles
=Original Orange County Primary Service Area to be Retained ,Jurisdiction
®Added Orange County Primary Service Area O OWASA Long-Term Interest Area
�Q Removed Orange County Primary Service Area Orange County Primary Service Area 1 inch=0.890721 miles
Existing Primary Service Area to be changed to 0 OWASA Primary Service Area
Long-Term interest Area Orange County Planning and Inspections Department
0
Orginal Hillsborough Primary Service Area to be retained
Orange County Long-Term Interest Area Data modified and map created by Wriam Coleman,03/28(10
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®Rural Buffer Boundary
$ Proposed Changes to Water and Sewer Management
.Planning and Boundary Agreement Ij
Primary Service Area to be changed to
_. Long-term Interest Area
at
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Hillsborough - f
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J/
O
I
Legend
to—posed Changes Water and Sewer Boundary
Original Orange County Primary Service Area to be Retained ,Jurisdiction p � 2
N Added Orange County Primary Service Area OWASA Long-Term Interest Area Miles
1 inch=1 miles
®Added to Hillsborough Primary Service Area Orange County Primary Service Area Orange County Planning and lnspeotlonsOepadment
Proposed Changes 112-Wg
Existing Primary Service Area to be changed to OWASA Primary Service Area Updated Hillsborough Primary Serwce Area,Mmam Coleman,1027108
Long-Term interest Area Updated Streets,Miriam Coleman,7002
�orange county Long-Term Interest Area ReNsedMapto show retrac fed Chapel Hill Urban SamiceBoundary
Orginal Hillsborough Primary Service Area to be retained prepared by Carrie Whdehill,11114101
®Rural Buffer Boundary Original Map Prepared by Beth McFadand,04117197
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Attachment 3
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WATER AND SEWER EMEN PLANNING
AND BOUNDARY NQREE ENT
r�S AGREEMENT, made and entered into this _ day of
a F,- , W/ by and between the COUNTY OF ORANGE, a
political subdivision of the State of North Carolina; the TOWN OF
CARRBORO, the TO'W'N OF CHAPEL HILL, and the TOWN OF
HILLSBOROUGH, municipal corporations duty created and existing under
the laws of -North Carolina; and the ORANGE WK[ER AND SEWED.
AUTHORITY, a public water and sewer authority duly created and existing
under Chapter 162A, Article 1 of the North Carolina General Statutes.
WITNESSETH:
In consideration of mutual benefits regarding the definition of water and
sewer service boundaries and the management and plannu3.g thereof, *the
parties to this agreement hereby inutually agree as follows:
A. Charge to the Water and Sewer Boundary Task Force
Since the mid-1980's, several attempts to defirie water and sewer
service boundaries for Orange County and the municipalities of
Chapel Hill, Carrboro and Hillsborough have been undertaken. In
1994, a Task Force was formed consisting of elected officials
from Carrboro; Chapel Hill, Hillsborough and Orange County, as
well as two members of the orange Water and Sewer Authority
Board of Directors. The charge to the Water and Sewer Service
Boundary Task Force is attached as Appendix B.
B. Purpose of Water and Sewer boundary Agreement
I . To provide a comprehensive, County -wide. system of
service areas for future utility development and
interest areas for stealing with private water and
wastewater system problems in areas without public
water and sewer service.
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2. , To complement growth management objectives, land use
plans and annexation plans its existing agreements, such as
the grange County - Chapel 1-CaTrboro Joint Planning
Agreement and Joint Planning Area ]Land Use Plan
3. To resolve in advance and preclude fixture conflicts about
-future service areas and annexation areas.
4. Tci provide for predictable long-range water and sewer
capital 'improvement planning and financing.
5. To provide for limitations on water and. sewer service in
certain areas, as defined.
A. Effective bate of the Agreement
This agreement shall become effective upon execution
by all of tIhe parties.and signatu by the ebiet`Owed or
appointed.offcial..
B. Term of Agreement
This ag -eement shall remWa in erect for ten (10) years from its
execution, and shall be renewable as provided in a following
subsection.
C. Procedure for renewal
At the end of each ten year term., the agreement shall renew
automatically, unless written notice is provided of intent to
withdraw as noted in subsection E below.
D. Proceidnie for proposing and acting on changes in
agreement including boundaries
I. Any. change to the agreement (including
boundaries) requires approval of all parties to the
agreement.
2. The addition of other parties to this agreement shall be
by consent. of the current parties.
Procedure for withdrawal fronrtldecision not to renew the
agreement
1. A. party may not withdraw from the agreement, until it
holds a public hearing on the proposed withdrawal
followed by written notice to the other parties within 30
days of the public hearing. The withdrawal shall be
effective one (1) year following receipt by the other
parties of the written notice.
2. if a party to the 'agreement.withdraws as provided above,
the agreement remains h-i effect as to the other parties until
all but one party withdraws in the txmamier provided for the
in this agreement:
F. ' Accountability of Future Parties
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Future utility providers that wish to become parties of this
agreement must be financially and technically capdi le of
providing water /sewer service to address public health
emergencies or other identified public facility .needs, as defined
by the parties of the boundary agreement. The provider must
have adequate system capacity; technical capability and
financial assets to address system problems 'Within its interest
area without compromising service to crent customers.
G. Courtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers that are parties to this agreement
will be provided courtesy review and the right to provide
written input hito utility design and the provision of easements
for all new major subdivisions and other residential and non-
residential site plan approvals within their service area and
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interest area. The party to this agreement with development
plan review authority shall retain approval authority for all
development proposals within its planning. jurisdiction.
H. Linkage with the Orange County - Chapel kill- Carrboro
joint Planning Agreement and other future agreements
This agreement sl' 1 be made part of the Orange County - Chapel
Hill- Cambom Joint Planning Agmment, by reference, and to any
future cooperative planning agreements that may be entered into
among some or all of the parties. Terminalion of the Joint
Plwming Agreement or any other cooperative planning
agreerneut does not terminate this agreement. Termination of this
agreement can only be accomplished as provided in this
agreement. Sirrdlarly, the withdrawal of a party from the Joint
Planning Agreement or from any other cooperative planning
agreement does not constitute withdrawal from this ag=ment
Withdrawal hmm this agreement can only be accomplished as
provided in this agreement.
Primary Service Area: An area (as shown on the Water and Sewer
Service Boundary Map, which is Appendix A) where water and/or
sewer service is now provided, or might reasonably be provided in the
future, according to adopted plans and fixture amendments to adopted
plans (hcreinafrer referred to as "service area") .
2_ AsperfkrmcFduAgdreAA: of Area are
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OWASA Long -Terin Interest Area: An area (as shown on the Water
and Sewer' Service Boundary Map, which is Appendix A) within
which public water midlor sewer service is not anticipated to be made,
but if such services are to be provided, OWASA will be the
responsible utility service provider. LongTerm Interest. Areas are not
service areas, and do not include areas outside of Orange County.
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OWASA's Long -Term Interest Area is hereinafter referred to as
OWASA's "interest area."
Orange Country Long Term Interest Aresia The areas of Orange
County planning jurisdiction (as shown on the Water and Sewer
Service Boundary Map, which is Append A) not part of a Primary
Service Area or another Long Term Interest Area within'which public
water and/or sewer service is not anticipated to be made, but if such
services are to be provided, Orange County will be responsible for
coordinadDS the provision of utility service. bong -Tenm Interest
Areas are not service areas, and. do not include areas outside of
Orange County. Orang*e County's Long „Termm Thterest Area is
hereimAer referred to as Orange County's "'interest area.”
Essential Public /Facility: A publicly -owned facility, pr a facility
wholly financed by Federal, State or local government (or a
combination thereof) that provides a service for the health, safety and
general welfare of County residents (for example, a school, fire
station, public safety substation or solid waste convenience center).
Adverse Public Health Condition: An. Adverse Public Health
Condition exists in the case of a wastewater system(s) when it is (1)
failing, (2) documented to be failing by the Orange County Health
Department, and (3) no on -site repair is approvable or recommended
by the Orange County Health Department,- or, in the case of a well
water supply system, it meets all of the following criteria:
♦ the well water supply system is contarlMnated with
a microbial; chemical or other agent which is
Down to cause disease or other serious,health
effects;
the well water supply system is not reparable to the
point where the contamination can be eliminated;
the water from the well water supply system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
there is no alterinate location on-site for a new well
water supply: system which can bo permitted ander
Orange County Health Department regal story
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criteria in effect at the time of the contamination or
an alternative site is unacceptable because
widespread existence of contamination or because
of the potential of contaminant migr4tion to the
4temate site.
A description of these terms and 'their application is provided in
Section DTI of this Agreement.
Public Water or Public Sewer Service: The provision of water
and/or sewer service by a party to this agreement. This definition does
not include consulting services and/or technical assistance services.
Emergency Water Transfer: Any short -term transfer of raw water
supply or finished drinking water supply from one service provider to
assist another service provider in meeting water needs during:
a) .unanticipated disruptions or ernergemcies relating to raw or
finished water supply. Such disruption's or emergencies may
result from events including, but not limited to: (i) human error;
ii) equipment or power failure; iii) supply contamination; iv)
major fires, floods, droughts or other disasters; and v)
operations or facility maintenance activities, or
b) periods when temporary, short -terin disruption of water
supply or finished water service may occur as a result of
planned or unplanned maintenance of major water supply,
pumping, transmission, treatment, or storage facilities.
].Yon - Emergency Water Transfer: Any transfer from one water
service provider to another water service provider of raw Water supply
finished nished drhking water supply which is not an emergency water
transfer.
Wastewater Transfer: Any transfer from one wastewater service
provider tv another wastewater service provider.
Water and /or Sewer Provider: A municipal coiporatior4 courtly,
private non-profit water system, or public water and sewer authority
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under the N.C. General Statutes that provides water and/or sewer
service to the public.
A. Service Areas and Interest Area Boundaries
The service area and interest area boundaries are as shown in
Appendix A.
B. Adherence to Boundaries
l . The boundaries on the snap (Appendix A) define the areas
in which the parties may provide water and sewer service,
and no party to tlus'agreernent shall extend service beyond
the designated boundaries, except as provided in this
agreement, In no case shad service be extended beyond
the boundaries of Orange County without the approval of
the, elected boards which exercise plauning jurisdiction on
either side of the County boundary. Any extension of lines
or service into Chatham County requires the approval of
Orange Counter, Chapel I-Ell or Carrboro, and OWASA.
2. OWASA presently provides water and sewer service
outside of the OWASA Service Axea shown on Appendix
A as follows:
location service provided
Heritage Hills Subdivision' water and sewer
Rangewood Subdivision water and sewer
Piney Mountain Subdivision sow'''er only
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OWASA may continue to provide water amd sewer service
and may extend water and sewer service within these
subdivisions provided it does so consistent with OWASA
policies and interlocal agrements related to these services
that exist on the of e*e ive date of this - ag,�reement. Any
change to those policies and interlocal agrtements after the
effective date of this agreement can only be accomplished
by an amendment to this agreement.
A. PoTicy Issues
Platmitng and growth 1nanage' Ment issues are influenced by the
location of water and sewer. Ibis agreement is not intended to
supersede other land use agreements made by the local
governments.
B. Froeedures for the provision of service withija the Service
Areas and Interest Areas
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When water and sewer service prevision is required
to address an adverse public health condition, or to
provide service to an essential public facility, the
designated provider for the service area or interest
area shall have the right of first refusal to provide such
service.
2: Within the service areas and interest areas, the water and
sewer provider will agree to provide service, as defined
in this agm ent, as system capacity, financial resources,
and other reasonable utility considerations allow, and as
provided in this agreement.
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C. Policy of "first refusal!
1. The designated water gnd sewer provider within
a service area or interest area has first right to
provide service if an adverse public health condition
or essential public facility service need is established, and
public water or public sewer service is determined to be
rewired to address the adverse public health condition.
2. If the designated water and server provider declines to
provide service, it must notify the other parties to the
agreement with a statement of rationale.
3. The designated water and sewer provider may contract
with another service provider to address the situation, in
the manner prescribed in Section DTI of this agreement,
upon consultation with other jurisdictions.
4. If no other water and sewer provider is available, Orange
County retains the right to address the adverse public
health condition or essential public facility need in thb
ffm ner prescribed in Section VI of this agreement.
A. Prohibitions and LUnitations on Extension bito Interest Areas
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The development of land within interest areas is not projected to occur
at urban densities, and therefore, public water and sewer service shall
be prohibited in these areas, except as provided in this agreement
{Section VIA VI-C, VIA VIX, VILA, VILBO VI1.0 }3. Individual on-
site and small/community-scale altemative water supply and
wastewater treatment systems not physically connected to central
systems will be the primary methods: of meeting the water and sewer
service needs of existing and future development.
3. ibid.
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B. Adverse Public Health Conditions
An exception to the prohibition of public water and sewer service in
interest areas may be made to allow the extension of.iines in the event
the Orange County Health Department documents an "adverse public
health condition."
An adverse public health condition exists where:
I . in the case of existing wastewater system(s), it meets all of the
following cria:
i the wastewater system is failing;
4 the wastewater system is documented to be failing
by the Orange County Health Department;
f there is no on -site repair approvable or
recommended by the Orange County Health
Department.
'fire following terms used in the criteria above mean_
'`ailing, Wastewater System: A wastewater system is failing
when sewage or effluent is seeping or discharging to the ground
surface- or to surface waters. A permitted, properly - functioning
non-discharge wastewater system (e.g., a spray- irigation
system) and a permitted, properly- Ruictioning discharge
system are not falling wastewater systems.
A royable_On -Site Repair: An approvable on-site wastewater
system repair that can be completed in a designated :repair area
which is approvable under Orange County Health Department
regulatory soil/site criteria in effect at the time of the.needed
repair.
Recommended On-Site Repair_ A recommended on -site repair
is one that is not an approvable on-site :repair, but is one that in
the best professional judgment of the Orange County health
E?eparhnent will reasonably enable the syst 6m to f uaciion
properly. A• recommended on-site repair may incorporate
engineered design (a design certified by an engineer to
overcome all soillsite limitations in the particular Situation), site
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or system 1nodification, flow reduction or other measures
calculated to improve fumctionality of the system.
2. In the case of an existing well river supply system(s), it meets
all of the following criteria:
♦ the well water supply system is contaminated with
a microbial, chemical or other agent whieb is
known to cause disease or other serious health
effects;
# the well water supply system is not reparable to the
point where the contamination can be eliminated;
♦ the water from the well water supply system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
o there is no a.ltemate location on -site for a new well
water supply system which can be pc fitted under
Orange County Health Dei partment regulatory
criteria in effect at the time of the contamination or
an alternative site is unacceptable ' because
widespread existence of contaraination or because
of the potential of contaminant migration to the
alternate site.
The following tams used in the criteria above mean:
Well: A well is any excavation that is cared, bored,
drilled, jetted, dug or otherwise constructed for the
purpose of locating, testing, developing, draining or
recharging any grotuid water reserves or aquifer, or that
may control, divert, or otherwise control the movement
of water from or into any aquifer.
Well Water Supply System: A well water supply system
is any well that is intended for use or is usable as a source
of water supply for domestic use (including household
purposes, farm livestock, or gardens) and the pump anti
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pipo used in connection with or pertaining thereto,
including well pumps, distribution pipes, plumbing pipes,
tanks, fittings, and water treatment devices.
The Orange County health Department shall make the
determination as to whether an adverse public health condition
exists, and shall snake a recormnendation on the appropriate
rcinedy to the governmental entity(les) in the appropriate
interest area.
The Final decision to use any particular means or tool for
rectifying any particular adverse public health condition
remains, through zoning regulations or other land use
ordinances, with the governmental entity or entities having
zoning or planning jurisdiction over the area where the adverse
public health condition exists. In the Orange County- Chapel
Hill- Carrboto Joint Planning Area, the Joint Development
Review Areas shall be, used to determine which of the JPA
parties shall jointly decide on the appropriate means or tool for
rectifying an adverse public health condition. public water or
public sewer lines extended to provide service to are adverse
public health condition or essential public facility cannot be
used for ether purposes or other panties, except, as provided in
Section 'VI.D.
C. Sizing of Lines Extended Into Interest-Areas
The extension of public water or public sewer lines into an
interest area shall be sized so as to comply with State technical
and engineering, regulations and only to serve the intended use,
as defined in this agreement. However, in the case of a public
water line extension, provisions shall be niade to address
adequate line sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide service
to an adverse public health condition or essential public facility
cannot be used for other purposes or other parties, except to
remedy another adverse public hear condition.
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F,. Siting of Essential Public Facilities Within Interest Areas
The location of some essential public facilities, particularly
schools, requires special consideration for access to public
water and sewer lines.
Where possible, schools shall be sited in a mmner that
promotes the efficient use of existing water and sewer service.
Preferably, a set of criteria govefning such situations would be
developed based on consultations between the appropriate
school boards and the elected officials of affected. jurisdictions,
and applied as necessary.
Publicly -owned facilities other than a public school shall be
located in a manner that promotes the orderly prevision of
water and sewer service. 'The preferred method of connection is
to lines that already exist, or in a manner that would minimize
the need to extend existing lines.
F. Water and Sewer Service Into/Out of Orange County
Water and sewer service of any of the service providers that are
parties to this agreement shall not be extended outside of the
boundaries of Orange County without the approval of the elected
boards which exercise plawing jurisdiction on either side of the
County boundary. Any extension of lines or service into Chatham
County requires the approval of Change County, Chapel Hill or
Carrbore, and OWASA. This approval is not required when
water and sewer service is required as a cotndition. cif annexation
by the towns of Chapel I-fill or Carrboro.
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A. Emergency Water Transfers (This subsection shall not apply
to any system operated by a municipality)
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Emergency water transfers are transfers, that:
I. Are made for short -term duration. For the purpose of this
Agreement, short-term duration shall be reviewed at 30
clays,. 60 days and 90 days, with subsequent 90 -day
intervals up to one year, as per the following process:
a.. After 30 days duration; a memo from the chief
administrative officials of'the service providers
will be sent to the managers of the jurisdictions
that are parties to thi.s Agreement. The memo shall
document the emergency, steps being taken to
address the situation, and notify the managers of
the potential for a longer period of the emergency
water transfer.
b. At 60 days, the service provider sending the water
shall notify its elected board (or, in the case of
OWASA, the member government elected boards)
on the stags of the emergency and provide
opportunity for the boards to review and comment
on the situation. The receiving provider shall
provide sunilar infoixnation.
C. Between 60 days and 90 clays from inception of
transfer, the elected boards Which- exercise
planning jurisdiction on either side of the bouudaiy
in which the service is provided shall review and
approve or not approve the continuation of the
transfer beyond 90 days. If continuation of the
transfer is approved, it may continue for an
additional 90-day period. Approval shall be
required for each subsequent 90 -day period, with a
maximum emergency water transfer duration of
365 days from inception. Lack of action by the
elected boards as provided in this subsection
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constitutes approval for the subsequent 90 -0ay
period.
d. At the 3May point, the service provider shall
determine that adequate water and ether resources
and facility capacities are available to support the
extended emergency transfer without adversely
affecting the quality and quantity of water supply
and services to customers within its service area,
and without adversely affecting environmental
qudity within its service area;
1_1
2. Are not intended to provide raw or finished water supply
necessary to support now. growth and devel6prment within
the service area of the service provider receiving the
transfer. Neither party shall, in planning for future
growth and associated increases in water supply needs,
rely upon water from the other party supplied under this
agreement to serve such growth.
a. A service provider experiencing a water
emergency attd receiving einergeney water
transfers trust agree to act expeditiously and
adequately to mitigate and remove the causes of
the emergency conditions.
B. Non-Emergency Water Transfers (This subsection shall not
apply to the Town of Hillsborough untie January, 1, 2005.)
Non - emergency water transfers are only permitted with the
approval of the Orange County Board of Commissioners and
the elected or appointed boards of the service providers
pro.yiding an&or receiving the transfer. If £3WASA is the
service provider, approval must come from the OAArASA Board
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of Directors and the elected boards of Carrboro, Chapel Hill
and [range County.
C. Wastewater Transfers
Wastewater transfers are only permitted with the approval of
the Orange Qounty Board of Commissioners and fhe elected or
appointed boards of the service providers providing the transfer.
If OWASA is the service provider, approval must come from
the OWASA Beard of Directors and the elected boards of
Carrboro, Chapel Hill and Orange County.
Linkages to Other Agreements
'there are a number of existing agreements among the parties to
this agreement that are relevant to the .management and
planning of,public water and sewer service. In addition, this
agreement and those listed below shotdd all be read together.
WherO inconsistencies exist, this agreement shall Control,
except as otherwise provided by law: included among these
relevant ag�eeroents with linkages are:
* Hillsborough - Durham Service Area Agreement
• OWASA- Durham Service Agreement
Eno River Capacity Use Agreement
+ Hillsborough /Orange-A<lamance Water Systems
Agreement
+ OWASA Hillsborough Service Agreement
0WASA- Hillsborough 13ulk Water Transfer Agreement-
Chapel Hill-Durham Annexation Agreement
• Mutual Aid Agreement
•
Jordan sake .A.lIocatious -front NC DEHN"R
OWASA Agreements ofPumbase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill, and
3) OWASA and UNC
16
d
OWASA Agreement and Policy related to extensions of
water and sewer into University Lake Watershed
(applicable to water and sewer service to gewood
Subdivision and Heritage Hills Subdivision)
* CWASA- Orange County Agreements related to Piney
Mountain Subdivision sewer service
A. Water and Sewer Service Boundaries map
B. Cbar re to the Water and Sewer Boundary Task Force
C. Toolbox of Remedies for Adverse Public Health Conditions
D. Joint. Punning Area Boundary Map
E. Comprehensive Plan Land Use Maps for all Orange County local
governments, and of Chathmn County
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THIS AGRI,;E'VIENT ENTERTD INTO THIS DA's OF
1sg.ormgWmvk)A4a 701versionyMsewdean.ae.doc
I8
27
Appendix A
Water and Sewer Management Planning and Boundary Agreement
3°
1
I f
Mebane
�\ 0
l
_ 7
y 0---Hillsborough
�i
'r
Legend:
- -L - Water and Sewer Boundaries:
Hillsborough Primary Service Area
—t
� OWASA Long-Term Interest Area
{ Orange County Primary Service Area
OWASA Primary Service Area
Orange County Long-Term Interest Area
I
Chapel.Hill
Rural Buffer
^� Boundary
Garrb ro
Gn a .o J 0 1 2
Miles
7 1 inch = 1.000929 miles
Orange County Planning and Inspections Department
Updated Streets,Mina"Coleman,2002
Revised Map to show retracted Chapel W Urban Service Boundary
Prepared by Came Whrtehilf
11/14/01
orgina/Map Prepared by Beth McFarland
04!1757
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