HomeMy WebLinkAboutAgenda - 02-27-2012 - C5ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 27, 2012
Action Agenda
Item No. C -5
SUBJECT: Review of Proposed UDO Text Amendment - New Section 6.20: Public Sewer
Connection
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
INFORMATION CONTACT:
1. Unified Development Ordinance Kevin Lindley, Staff Engineer 245 -2583
(UDO) Amendment Outline Form Craig Benedict, Director 245 -2575
(UDO/Zoning-2012-07)
2. Draft Unified Development Ordinance
Section 6.20
PURPOSE: To hold a public hearing on a Planning Director initiated text amendment to create a
new Section 6.20 of the Unified Development Ordinance (UDO) outlining public sewer connection
requirements. For additional detail please refer to Attachment 1.
BACKGROUND: Please refer to Section B of Attachment 1.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Receive the proposed amendments as detailed herein.
2. Conduct the public hearing and accept public, BOCC, and Planning Board comment on
the proposed amendments.
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the BOCC in time for the April 17, 2012 BOCC regular meeting.
4. Adjourn the public hearing until April 17, 2012 in order to receive and accept the
Planning Board's recommendation and any submitted written comments.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning- 2012 -07
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map:
From:
To:
❑ Zoning Map:
From:
To:
❑ Other:
Text Amendments
❑ Comprehensive Plan Text:
Section(s):
® UDO Text:
❑UDO General Text Changes
®UDO Development Standards
❑UDO Development Approval Processes
Section(s): New section 6.20
❑ Other:
B. RATIONALE
1. Purpose /Mission
This text change to the UDO will require that any new construction within a
designated County sewer service area would have to use the public sewer system as
its means of wastewater treatment. Also, the sewer system would be the only
allowed repair option for existing septic tanks that fail in the sewer service area.
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2. Analysis
Orange County has committed to installing over $4 million worth of sewer
infrastructure in the Buckhorn and Efland communities. This sewer system extension
benefits public health because it allows a reliable alternative to septic systems, many
of which are failing or in poor condition. The sewer system also provides the
potential for economic development in these areas because growth and development
will not be limited by the wastewater capacity of the soil. However, to remain a viable
enterprise, the sewer system must have customers. The areas where sewer lines
have been extended are designated as growth areas and are generally situated
along major roads. In terms of a long range plan to encourage growth in these
designated areas, it makes sense to phase out the existing septic systems by
requiring any new construction to use the sewer system and by requiring the sewer
system to be the only repair option for failing septic systems. This was also
recommended in the Efland- Mebane Small Area Plan, Section IV.A.3.c.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
1.3.6. SERVICES AND FACILITIES
Water conservation efforts have been a critical piece in managing water
supplies through recent droughts. County level coordination is needed to
manage water resources that will serve future populations. Placing public
water and sewer facilities near areas targeted for dense development can
reinforce a more sustainable land use pattern.
Section 8.3 Services and Community Facilities Goal 1:
Efficient provisions of public water and sewer service systems
which are consistent with the Land Use Plan and which abide by
the current Water and Sewer Management Planning Boundary
Agreement, the existing Orange County - Chapel Hill - Carrboro
Joint Planning Agreement and Land Use Plan, and future
agreements to be negotiated among the County and public and
private service providers.
Section 8.3 Services and Community Facilities Goal 2:
Adequate, safe, and healthy groundwater withdrawal and
wastewater disposal systems with minimal impacts upon water
and land resources.
Section 8.4.1.3. Objectives
Objective WW -2:
Coordinate the provision of potable water and sanitary sewer services
with the County's Land Use Plan and Orange County - Chapel Hill -
Carrboro Joint Planning Agreement and Land Use Plan, targeting
these services to urban, transitional, and economic development
districts in a manner that does not endanger environmental
resources. (See also Land Use Objective LU -1.1, Housing Objective H-
1.5, and Economic Development Objective ED- 2.10.)
4. New Statutes and Rules
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C. PROCESS
1. TIMEFRAME /MILESTONES /DEADLINES
a. BOCC Authorization to Proceed
November 1, 2011
b. Quarterly Public Hearing
February 27, 2012
c. BOCC Updates /Checkpoints
February 7, 2012 — approval of legal advertisement
d. Other
2. PUBLIC INVOLVEMENT PROGRAM
Mission /Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
January 4, 2012 — Ordinance Review Committee
March 7, 2012 (recommendation)
b. Advisory Boards:
c. Local Government Review:
d. Notice Requirements
Legal ad will be published on February 15 and 22, 2012.
e. Outreach:
® General Public: Consistent with NC State Statutes and Orange County
Ordinance Requirements
❑ Small Area Plan Workgroup:
® Other: Residents in the service area as defined by engineering staff, due to
the impact on the future use of their septic systems, will be contacted
by letter within two weeks following BOCC Authorization to Proceed.
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1.1
3. FISCAL IMPACT
The addition of customers to the sewer system will help make the system viable for
future operation by spreading the cost of operating the sewer system to more people.
However, for some users, the cost of connecting to the sewer system will be more
than the cost of installing a septic system, depending on the suitability of their soils,
the orientation of their lot, distance to the nearest sewer line and other factors.
D. AMENDMENT IMPLICATIONS
As required under Section 2.8.5 of the Unified Development Ordinance, the Planning
Director is required to: `cause an analysis to be made of the application and, based upon
that analysis, prepare a recommendation for consideration by the Planning Board and
the Board of County Commissioners'.
The required analysis will be completed for the quarterly public hearing.
E. SPECIFIC AMENDMENT LANGUAGE
Pending. Will be available as part of the quarterly public hearing materials.
Primary Staff Contact:
Kevin Lindley, 245 -2583
Craig Benedict, 245 -2592
Michael Harvey, 245 -2597
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Attachment 2
Article 6: Development Standards
Section 6.20: Public Sewer connection
whether a special exception should be granted as provided in Section 6.19.8(C) or for the
hearing of an appeal of a School District denial of a CAPS as provided in Section 6.19.9.
(C) A copy of a request for a CAPS special exception or of an appeal of a School District
denial of a CAPS shall be served on the superintendent of the School District. Service
may be made by personal delivery or certified mail, return receipt requested.
6.20.1 Use of Public Sewer Service Required
(A) All structures or properties used for human occupancy, employment, recreation, or other
purposes are required, at the property owner's expense, to connect wastewater facilities
directly to the public wastewater system in accordance with the provisions of the
governing sewer use ordinance of the public sewer system provided that the following
conditions apply:
(1) A public gravity sewer line or gravity sewer manhole is immediately adjacent to or
crosses the property. In this case, adjacent is defined as one or more of the
following:
(a) the easement for the sewer line is on the property or butted against the
property line;
(b) the gravity sewer line or gravity sewer manhole is located in a public
right-of-way of a public road which borders the property, whether on the
same side of the road or the opposite side, such that no private
easement would be required to allow the property owner to connect;
(c) the property is within a designated public sewer service area;
(2) The structure or property to be connected is within the Water and Sewer
Management, Planning, and Boundary Agreement's Primary Service Area for
Orange County;
(3) The North Carolina Department of Transportation is willing to grant an
encroachment into public road right-of-way for the purpose of connecting to the
public sewer system, if necessary.
(B) If the structure or property is situated below the elevation necessary to obtain a one-
percent grade in the sewer connection line, but is otherwise accessible to a public sewer
as provided in (A)above, the owner shall provide a private sewage pumping station,
except as provided in (C)(1) below. Design and installation of the pumping station shall
adhere to all State and local plumbing and other building codes, in addition to adhering to
all the connection requirements and standard specifications of the governing sewer use
ordinance.
(C) If an existing septic facility is determined by the Orange County Environmental Health
Department to have failed and the property is accessible to a public sewer system as
provided in (A), the only repair option will be connection to the public wastewater system,
except as provided below.
(1) If a septic system repair area exists for a failed septic system such that a
conventional, gravity-fed, onsite wastewater disposal system could be permitted
by the Orange County Environmental Health Department, and the connection to
the public gravity sewer system would require the installation of a private sewage
pumping station, as required in (B) above, the property owner shall be allowed to
use either of these two options
(D) There shall be no public sewer connection requirement for any structure or property if an
adequate septic facility is currently in use and in good working order;
Orange County, North Carolina—Unified Development Ordinance Page 6-145