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HomeMy WebLinkAboutORD-2012-020 Proposed UDO Text Amendment: New Section 6.20: Public Sewer ConnectionOrdinance #: 2012 -20 AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY WHEREAS, the County has invested substantially in the installation of public sewer service due to the need for reliable wastewater treatment options in these areas, and WHEREAS, the viability of the public sewer system enterprise is dependent upon having customers connected to the system, and WHEREAS, pursuant to North Carolina General Statute 153A -284, the County has the power to require connection to a sewer system operated by or on behalf of the County, and WHEREAS, the County has found the proposed text amendments to be reasonably necessary to promote public health, safety and general welfare and to achieve the purposes of the adopted Comprehensive Plan, and WHEREAS, pursuant to North Carolina General Statute 153A -341 and Section 1.1.7 of the Unified Development Ordinance, the Board of Commissioners of Orange County has found the proposed text amendments to be consistent with the goals and policies of the adopted Comprehensive Plan. BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified Development Ordinance of Orange County is hereby amended as depicted in the attached pages. BE IT FURTHER ORDAINED that this ordinance be placed in the book of published ordinances and that this ordinance is effective upon its adoption. Upon motion Commissioner seconded by Commissioner 4 he foregoing ordinance was adopted this day of ti-Q , 2012. I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on , 2012 as relates in any way to the adoption of the foregoing an that said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2012. ear% a6�- , Clerk to the Board of Commissioners 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. (A) All structures or properties used for human occupancy; employment, recreation, or ether 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) The property is in a designated public sewer service area. (2) A public gravity sewer line or gravity sewer manhole is 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 and within 500 feet of the structure to be connected; (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 itself or the opposite side, such that no private easement would be required to allow the property owner to connect and within 500 feet of the structure to be connected; (3) The structure or property to be connected is within the Water and Sewer Management Planning and Boundary Agreement Primary Service Area for Orange County; (4) 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. (13) 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. 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 (or be inadequate for the current or proposed use) and the property is accessible to a public sewer system as provided in (A), the owner shall be required to connect to the public sewer system unless a viable repair area can be identified on the property. If a viable repair area is identified on the property, the owner shall not be required to connect to the public sewer system, but may choose to connect if so desired. (D) There shall be no such 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 Article 10: Definitions Section 10.1: Definitions Day Care Any child care arrangement under which a child less than 13 years of age receives care away from his own home by persons other than his parents, grandparents, aunts, uncles, brothers and sisters who are not minors, guardians or full time custodians. Day Care Facility Any day care center or child care arrangement that provides day care for more than five children, not including the operator's school age children, under the age of 13, on a regular basis of at least once per week for more than four hours but less than 24 hours per day, and those operating fewer than four hours per day that provide care for more children per adult care giver than would be permitted in an AA State licensed center, regardless of the time of day and regardless of whether the same children attend regularly. The following facilities are not included: a) Public schools; b) Non - public schools whether or not accredited by the State Department of Public Instruction, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; c) Summer camps having children in full -time residence; d) Bible schools conducted for no more than three weeks during vacation periods; and e) Cooperative arrangements among parents who care only for their own children in an arrangement as a matter of convenience rather than to enable any participating parent to be employed. Day Care Nome, Large A Day Care Facility located on a public state - maintained road, which provides day care for more than five but fewer than 16 children, within a residence. Dedication A gift, by the owner, of land for a specified purpose, or purposes. Because a transfer of property is entailed, dedication must be made by written instrument and is completed with an acceptance. Designated Public Sewer Service Area An area located within Orange County's Primary Service Area in the Water and Sewer Management, Planning, and Boundary Agreement, that is currently served by public sewer or is expected to be served by public sewer in the near -term (e.g., 18 months: demonstrated by issuance of an advertisement for bid, or similar device, for construction of public sewer facilities). Detention Pond A engineered stormwater control consisting of a pond constructed and maintained in accordance with Appendix A of this Ordinance, which allows for pollutants to settle and provides for the gradual release of the impounded water. The detention pond is the Best Management Practice which must be used within protected watersheds when engineered stormwater controls are required. (See also, Best Management Practices and Engineered Stormwater Controls) Development Any constructed change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials. Also includes any land- disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. Development, Existing In the context of Stormwater provisions of this Ordinance for projects that do not require a State permit, shall be defined as those projects that are built, or those projects that at a minimum have established a vested right under North Carolina zoning law as of the effective date of Orange County's Water Supply Watershed Protection Ordinance, or such earlier time that other Orange County ordinances shall specify, based on at least one of the following criteria: Orange County, North Carolina — Unified Development Ordinance Page 10-6 ,;;� - s - / z, ORD - 2.di_.- vas Commissioner Jacobs said that he wanted to point out that Orange County maintains a living wage for its employees and in its contracts for those who are providing in-home aide for seniors. He said that it is important to continue to reaffirm this fact. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to approve continuing contracts to provide In-Home Aide Services with Arcadia Health Services, Inc., Premier Home Health Care Services, Inc., Personalized Patient Home Assistance, Inc., CNC Access, Inc., Flaircare, Inc., and TAMM, L.L.C. for FY 2012-2013, and authorize the Chair to sign the contracts contingent upon approval of the Orange County FY 2012-2013 budget. VOTE: UNANIMOUS 6. Public Hearings a. Proposed LIDO Text Amendment: New Section 6.20: Public Sewer Connection The Board received the Planning Board recommendation, closed the public hearing, and considered a decision 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. Kevin Lindley, Staff Engineer, said that this item was heard at the February 27, 2012 Quarterly Public Hearing. Subsequently, it went to the Planning Board and was heard at two meetings. The majority of the Planning Board's discussion of this item concerned the ability of using the viable repair area if a septic system failed. The original amendment to the UDO as presented at the QPH did not allow this circumstance. After the two Planning Board meetings, a unanimous recommendation was made that all new construction be required to connect to the public sewer service, but if someone has a septic system that fails, they would be given an option to use the viable repair area on their property or to connect to a public sewer system. Another issue that came forward at the Planning Board meetings was the definition that is part of the LIDO amendment for a public sewer service area. He read this definition: "An area located within Orange County's primary service area in the Water and Sewer Management Planning and Boundary Agreement that is currently served by public sewer or is expected to be served by public sewer in the near term." Commissioner Jacobs made reference to page 9, Section 6.20.1-C and asked it this was the change from the Planning Board and Kevin Lindley said yes. He said that this was something that he and Commissioner McKee brought up at the quarterly public hearing. Commissioner Jacobs made reference to item B on the same page and asked it was considered that this is a significant cost that would be incurred by property owners to have to put in a private sewage pumping station. Kevin Lindley said that pumping systems are more expensive than regular sewer systems. Commissioner Jacobs said that he wants to know the cost of this. Kevin Lindley said that it would probably be about $10,000. Frank Clifton said that there is a grinder pump system for single family homes that is not quite that expensive. Craig Benedict said that the gravity sewer system should pick up 90-95% of the properties in that area. Commissioner Yuhasz said that the County Commissioners had an email from a citizen about financial assistance in this issue. Commissioner Jacobs said that he would like to make a motion to direct staff to research having a fund for this kind of financial assistance. A motion was made by Commissioner Jacobs, seconded by Commissioner Yuhasz to direct staff to investigate a low-interest loan program to help people that want to hook up to the Orange County managed sewer systems. VOTE: UNANIMOUS A motion was made by Commissioner Foushee, seconded by Commissioner Hemminger to receive the Planning Board's recommendation of approval; close the public hearing; and Adopt the Ordinance of Approval for the UDO text amendments contained within Attachment 2, "An Ordinance Amending the Unified Development Ordinance of Orange County." VOTE: UNANIMOUS b. UDO Text Amendment(s)— Rural Economic Development Area Conditional Zoning District The Board received the Planning Board recommendation, closed the public hearing, and considered a decision on a Planning Director initiated Unified Development Ordinance (UDO) text amendment relating to the creation of the Rural Economic Development Area Conditional Zoning District (REDA-CZ-1) in the NC Highway 57 Speedway area. Michael Harvey made reference to the replacement to attachment 2, page 15. There is an additional amendment to address some concerns. The gray sheet is supposed to replace pages 15-23 of the packet. He summarized each of the attachments. This item was presented at the February 27, 2012 Quarterly Public Hearing. This small area plan allows the potential for additional non-residential activities in areas of the County where there is existing non-residential land uses. This plan also provides a potential pathway to bring the speedway and the go-cart track into conformity. These existing uses are non-conforming at this time and cannot be expanded as they are listed at this time. Michael Harvey said that concerns were expressed at the QPH by Commissioner Jacobs and Commissioner McKee regarding the buffers and impacts of the speedway area. This information was discussed by the Planning Board at length, and this information is provided in the attachment. He clarified that this Rural Economic Development Area designation can only be applied in this NC 57 Small Area Plan. He said that he thinks that all of the concerns have been addressed. The Planning Board recommended approval of this amendment as long as staff incorporated the requested changes. He went through the changes as listed on the gray sheet, which were bolded and underlined. NO PUBLIC COMMENT Commissioner Jacobs said that everyone from property owners to the owners of the speedway was invited to attend the SAP meetings. There were two Board of County Commissioners members participating. He said that it is important that this went very quickly and it was very collaborative. Commissioner Jacobs made reference to page 9 of the original abstract, item #7. He said that two issues came up and they tried to make a more definitive statement about Orange County's interest in having recreational facilities that were available to Orange County and that Orange County would be part of the process. He said that this was taking place right after Hillsborough was fighting to prevent an asphalt plant right next to the Agricultural Food Processing Center. He said that the group wanted it stated in writing that no asphalt plant would be permitted. He asked staff to address these concerns.