Loading...
HomeMy WebLinkAboutAgenda - 09-02-1997 - 9g 1 ORANGECOUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: September 2, 1997 Action Agenda Item 11-14— SUBJECT: Proposed OWASA Revisions to the University Lake Water and Sewer Extension Policy DEPARTMENT: County Manager PUBLIC HEARING Yes—x—No BUDGET AMENDMENT Yes x No ATTACHMENT(S): INFORMATION CONTACT: John M. Link, Jr., Mary Hillis Letter from OWASA Extension 2583 Proposed Revisions to University Lake TELEPHONE NUMBERS: Water and Sewer Extension Policy Hillsborough 732-8181 Excerpt from Orange County Water and Sewer Policy Durham 688-7331 Excerpt from Orange County Zoning Ordinance Mebane 227-2031 Map of Proposed Sewer Extension to Brookfield Drive Chapel Hill 967-9251 PURPOSE: To consider the request by OWASA to provide comments to proposed revisions to its University Lake Water and Sewer Extension Policy. BACKGROUND: OWASA last revised a policy pertaining to water and sewer extensions in the University Lake Watershed on November 10, 1994. The attached letter from the chair of the OWASA Board of Directors requests Commissioner comments on proposed revisions to that policy. The proposed revisions would establish criteria for determining what properties could be included in an assessment project. OWASA's existing policy allows extension of water and sewer service into the University Lake watershed to remedy a public health emergency. The proposed revisions would expand the current policy to allow extensions where septic systems are expected to fail, and cause a public health emergency in the future. The issue was raised by OWASA due in part to a recent petition for sewer service from homeowners in the Brookfield subdivision to remedy failing septic systems. The existing OWASA policy and the proposed changes are inconsistent with Orange County regulations. Orange County regulations do not allow extension of water and sewer service into the University Lake Watershed under any circumstances. The Orange County Water and Sewer Policy does allow extension of services into the Rural Buffer if needed to remedy a public health emergency. However, Article 6.23.8 (Watershed Protection Overlay Districts) 2 allows only the use of individual on-site septic systems in the University Lake and Cane Creek watersheds, and in the critical area of the Upper Eno watershed. RECOMMENDATION: As the Board decides. Orange Water and Sewer Authority 3 400 Jones Ferry Road OWASA P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 August 8, 1997 William L. Crowther, Chairman County of Orange 200 South Cameron Post Office Box 8181 Hillsborough,NC 27278 Dear Chairman Crowther: The OWASA Board will discuss proposed revisions to the University Lake water and sewer extension policy at its August 14 meeting, although no action is contemplated until September 25. A copy of our agenda item is attached so that you may bring it to your Board's attention. The need to change OWASA's existing policy has been highlighted recently by a petition from homeowners in the Brookfield subdivision for an extension of OWASA sewer service to remedy seriously failing septic systems in the University Lake watershed. Our recently completed Unsewered Area Study assigned the highest priority ranking in OWASA's entire service area to this neighborhood, so there is little question of the need for service at failing sites. OWASA's existing policy for University Lake provides little or no guidance regarding additional properties that may or may not be included in an assessment project, and the attached draft would provide such guidance while imposing strict limits on the extent of an extension project. The proposed revisions would clarify the following: • That, as a matter of policy, the extension of OWASA service is not intended to facilitate the development of undevelopable land in the University Lake watershed. • That extension projects in the watershed may be initiated by the OWASA Board of Directors as well as by property owners, but that such projects be strictly delineated as described in the attachments. For example, service would not be available to any undeveloped lots created after April 23, 1987 (the date of OWASA's original moratorium on extensions to the watershed). Undeveloped lots created before that date could be included in an OWASA project and allowed to connect only if they could be permitted for an on-site system by the Health Department. In other words,no property that was otherwise undevelopable due to site and soil limitations would be made developable by the extension project. An Equal Opportunity Employer University Lake Extension Policy 4 1 August 8, 1997 Page 2 Any comments should be submitted to OWASA before September 25 or may be presented verbally at our September 25 Board meeting. Please feel free to contact our staff in the meantime if you have any questions about these materials. Sincerely, Barry cobs Chai , Board c rs attachments cc: Board of Directors r ITEM a AGENDA ITEM • PROPOSED REVISIONS TO UNIVERSITY LAKE WATER AND SEWER EXTENSION POLICY PURPOSE • To consider changes to the University Lake water and sewer extension policy to better accommodate projects that will remedy public health and/or water quality risks caused by failing on-site systems. BACKGROUND • During the July 17, 1997 discussion of the Brookfield Drive petition, it was pointed out that the existing policy does not adequately address extensions made under assessment projects, and that provisions were needed for properties within an assessment area that are not experiencing septic problems, but could reasonably be expected to fail in the future. • Additional wording to the policy is proposed that would address extensions allowed under an assessment project. Staff believes that such modifications will enhance OWASA's responsiveness to future service petitions without compromising its commitment to watershed protection. • The attached revisions, which are indicated by underscore and str-ile-thfeug-h text, were developed by OWASA staff and counsel and incorporate comments from the July 31 Natural Resources and Technical Systems Committee meeting. ACTION NEEDED • Discussion of attached resolution and revised policy. No further action is in order until Carrboro, Chapel Hill, and Orange County elected officials have had an opportunity to comment. STAFF RECOMMENDATION • Staff recommends that the Board receive comments from the Towns and County and schedule the revised policy for action at the September 25 OWASA Board meeting. August 14, 1997 14 Orange Water and Sewer Authority 5 OWASA 400 Jones Ferry Road P.O. Box 366 Carrboro, NC 27510 (919) 968-4421 MEMORANDUM TO: Ed Kerwin FROM: Ed Holland DATE: August 8, 1997 SUBJECT: Proposed Revisions to University Lake Water and Sewer Extension Policy Attached are proposed revisions to the Board's Policy Regarding Extension of Water and Sewer Lines or Connections Thereto in the University Lake Watershed. During the July 17, 1997 discussion of a petition from 15 property owners for sewer service in the Brookfield Drive subdivision, it was pointed out that the existing policy does not adequately address extensions made under assessment projects,and that provisions are needed for properties within an assessment area that are not experiencing septic problems, but could reasonably be expected to fail in the future. The proposed revisions,which are shown as underscore or stfike 64ough text,would clarify the following: • That, as a matter of policy,the extension of OWASA service is not intended to facilitate the development of undevelopable land in the University Lake watershed. ' • That extension projects in the watershed may be initiated by the OWASA Board of Directors as well as by property owners, but that such projects be strictly delineated to include only: 1. Lots with failing systems; 2. Adjacent or nearby lots with systems that are likely to fail in the near future; 3. Adjacent undeveloped lots that are smaller than 4 acres in size,which existed before April 23, 1987, and could be permitted for on-site systems. These revisions have been carefully worded to ensure that extension projects do not facilitate any development in the watershed that would not otherwise occur. These changes would not provide service to any undeveloped lots created since April 23, 1987(the date of OWASA's original moratorium on extensions to the watershed);would not provide for the development of lots that are otherwise undevelopable due to site and soil limitations;and would not allow more than one connection per lot to the OWASA system,regardless of lot size. In order for the Brookfield project to proceed without delay,amendments to the current policy should be adopted no later than the September 25, 1997 Board meeting. This should allow sufficient time to notify and receive comments from Carrboro, Chapel Hill,and Orange County. PROM TO BU0.OF Df / APP ` D WE 9 7 Edward A. Holland, AICP Director of Planning and Development attachment An Equal Opportunity Employer M' 6 RESOLUTION AMENDING POLICY FOR THE EXTENSION OF WATER AND ' SEWER LINES OR CONNECTIONS THERETO IN THE UNIVERSITY LAKE WATERSHED WHEREAS, Orange Water and Sewer Authority has adopted and abides by a policy prohibiting extensions of new water or sewer service lines, or new connections to water or sewer lines already existing, in the University Lake watershed; and WHEREAS,that policy was amended on April 26, 1990 and November 10, 1994 to allow, as exceptions listed therein, certain extensions or connections necessary to alleviate or prevent severe public health or environmental consequences; to recognize certain properties previously benefited by OWASA utility lines; to be able to respond to circumstances which the Board of Directors finds result in an imminently impending health hazard(whether or not the Orange County Health Department has formally declared the existence of such a hazard); and to allow certain properties to connect subject to direct findings of documentary fact without first conducting a public hearing; and WHEREAS,the Board has determined that further m if ns are needed to address circumstances when extensions are allowed under pro' vitiated WASA, and that such modifications to the current policy will enhance the Au respo ness to future service petitions without compromising its commitm wat ed protection. NOW, THEREFORE, BE SO 1. That the Board o e O ge Water and Sewer Authority hereby amends its Policy for the Extens' t Ines or Connections Thereto in the University Lake Watershed last ted o v er 10, 1994 per the document attached hereto. 2. That as m e Policy shall in no way be construed as a diminution of the Authority's commitment to protection of its water supply sources,and shall continue in fill force and effect until later amended or rescinded by this Board. 3. That copies of this Resolution-and attachment be transmitted to the governing bodies of Carrboro, Chapel Hill, and Orange County. Adopted the 25th day of September 1997. Barry Jacobs, Chairman ATTEST: Dan C. VanderMeer Secretary-Treasurer 5.3 7 R . ORANGE WATER AND SEWER AUTHORITY POLICY FOR THE EXTENSION OF WATER AND SEWER LINES OR CONNECTIONS THERETO IN THE UNIVERSITY LAKE WATERSHED Purpose This policy sets forth principles and guidelines for the extension of the Authority's water and sewer facilities and services or connections thereto in the University Lake watershed. Background In 1987 Orange Water and Sewer Authority commissioned the Camp Dresser& McKee University Lake Watershed Study to provide the Board of Directo d local governing bodies with a reliable basis for implementing land management con elp assure short and long term protection of the University Lake water supply. O 23, , the Authority initiated a moratorium on water and sewer extensions into the a The tonum was maintained while the study was conducted and its recommendatio eing co idered by the local governing bodies. It The study, which was completed ' 198 a range of development scenarios and utility service options, and dete d low , ity residential development served by individual wells and septic to a least overall risk to University Lake water quality. Many of the re co endations were incorporated into local land management plans, d pme es, and regulations amended by the Orange County Board of Commissione d C ro Board of Aldermen in April and May, 1990. Among the standards for new develop ere 5-and 2-acre minimum lot requirements, impervious surface limits, and revised earn buffer setbacks. Additionally, Carrboro and Orange County prohibited community alternative wastewater treatment and disposal systems, as well as public water and sewer service,except to correct officially declared health hazards. The County adopted additional language allowing reconsideration of its utility restrictions after special studies that the County expected to be completed by April 30, 1991. Although Chapel Hill has no planning and zoning jurisdiction in University Lake watershed,the Town Council has maintained a consistent policy against the extension of public water and sewer service into the watershed. Orange Water and Sewer Authority's Mission and Goals Statement(December, 1988) includes a commitment "to be guided by the land management plans approved by the government units in the area the Authority serves. 8 = Policy Regarding Extension of Water and Sewer 1 Lines or Connections-Thereto in the University Lake Watershed Page 2 Policy Consistent with findings of the Camp Dresser& McKee University Lake Watershed Study, and in accordance with positions adopted by Carrboro, Chapel Hill, and Orange County, the Orange Water and Sewer Authority will not permit the extension of water and sewer facilities and services under its control or connections thereto in the University Lake watershed, except on a casesi4e by casesite basis as described below. The utility service limitations imposed by this policy are intended to apply primarily to new, rather than existing, development in the watershed. Exceptions described below are not intended to facilitate the development of properties on which development has been heretofore precluded by on-site water supply or wastewater disposal limitation& Petitions to allow the x water or sewer ec theretointh e y r it Lake watershed may he submitted by my prop owne to nsi6ebr co jg= ma also a initiated by the OWASA Board of Direct ecision to ove or disapprove any petitions by a property owner submitted under conditi 2,L3 or_5_B below, or to Ahk.undertake an extension or connectio mArn ---ative all be made by the Authority's Board of Directors after conductin 'c clusions of the Board shall state the findings upon which the decisio b 1. sions to approve or disapprove petitions submitted under conditio or uire a public hearing and may be made by Authority staff. I. Petitions for se exte ons and connections may be granted when the Board determines that pe for such extensions or connections have established to the satisfaction of the B d: 1. That such connection or extension is necessary io alleviate existing circumstances or conditions the Board finds are causing an existing or impending health hazard; or 2. That such connection or extension is necessary to alleviate existing conditions that will significantly jeopardize University Lake quality; or 3. That such connection or extension is necessary to respond to an existing hardship that is materially adverse or catastrophic to the health, safety and welfare of the general public. 4. Any lots in the Rangewood subdivision that were benefited by the Authority's previous water and sewer extension project, or any lots within the designated S. 5s 1. 9 Policy Regarding Extension of Water and Sewer Lines or Connections Thereto in the University Lake Watershed Page 3 benefiting area of an OWASA assessment project and which appear on OWASA's Final Assessment Roll for that project, may be connected to the Authority's water and/or sewer lines as long as all assessments, fees, and charges have been paid or are up to date. Such connections may be made without meeting the conditions of I.1, I.2 or I.3 above, and such permission may be granted by Authority staff without conducting a public hearing. 5. A. Structures that existed before April 23, 1987 and that are located on lots that existed before April 23, 1987 and adjacent to OWASA water or sewer. lines installed before April 23, 1987, may be connected to the line to which they were adjacent on April 23, 1987 without meeting the conditions of L1, I.2 or L3 above and such permission may be granted by Authority staff without conducting a publiche'= aring. B. A legal change in property use impe. e approval of such connections unless the strue ncr wed in by more than 50 percent, or unless the pro osed titutes increased hazard to the watershed. xten i n f water or sew ake w to e a e undertaken e W . a r&f DMgm—upon a determination v the and that the criteria i to c within the proposed proi vt afs'Trch extensions hall be limited follmm 1. D&vel=xts currently water 1 w t ter disposal systems mu be inclOdW the 12rpiect are 2. Developed lots located_adjacent to or in close proximity to the foregoing with water supply or wastewater di=sal systems which in the judgment of a qualified soil or groundwater exp=are reasonably likely to fail within the near future may be included within the project area I Developed or undeveloped lots which existed before April 23. 1987 and arc - located adjacent to lines constructed to serve lots included in the project under criteria II 1 or H.2 may be included in the proiect area provided that such lots also meet the criteria specified in II 4 or 11.5. 4. Developed lots larger than 3.9 acres which are included in the project area shall_be limited to one connection to the OWASA system per lot. i L to Policy Regarding Extension of Water and Sewer Lines or Connections Thereto in the University Lake Watershed Page 4 5. Undeveloped lots smaller than 4 acres, which existed before April 23. 1987 may be included within an extension project area and allowed to connect to the extended OWASA water or sewer line only upon certification by the Oranize ounty Health Department to OWASA at the time of the adoption of the Preliminary Assessment Roll for the project that such lots could be permitted for on-site water supply (in the case of a water extension proiect) or on-site wastewater disposal systems(in the case of a sewer extension proiect) under regulations in effect at that time. Authorization The Executive Director is authorized and empowered to formulate an, application, notification, or other administrative procedures needed to implement this polio Reviewed by General Counsel: D General Counsel Adopted by the Board- Date Clerk to the Board 5.7 f 11 . 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES (FROM ORANGE COUNTY *Amended ZONING ORDINANCE) 1-17-95 DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply sews 1 and a treatments stems shall be limited g Y UNIV-PW to individual wells and on-site septic tanks systems or € CANE-PW individual on-site alternative disposal systems. CANE-CA U-ENO-CA All Watershed Overlay No new treatment system will be permitted where effluent Districts disposal occurs on a separate lot from the source of wastewater generation. i Repair systems are permitted on a lot other than the lot which is the source of wastewater generation provided that the Orange County Health Department certifies that: 1. The residence or use has a failing system, AND there is not a suitable location for a repair system on the same lot as the residence or use, or 2. In the case of an unimproved lot created by recorded deed, valid probated will or recorded plat prior to 6/15/91 for UNIV-CA and UNIV-PW, and 1/1194 for all other watershed overlay districts, there is not a suitable location for a repair system on the same lot as the residence or use. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further. CANE-CA New septic tanks, pump tanks and their appurtenances shall U-ENO-CA be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 150 feet from a reservoir. New nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quandrangle maps, and at least 1.300 feet from a reservoir. i L 6-43 , 12 (FROM ORANGE COUNTY WATER AND SEWER POLICY) development project is authorized by any water management plan and discharge permit in effect at ' the time of approval. Following review and approval of preliminary plans as described above, the board of directors or governing board of the municipality, association or authority must have approved, through formal resolution or other agreement, the provision of water and/or sewer service to the development project. 3 . Outside of Transition Areas, extensions of water or sewer systems will only occur to provide service to an essential public facility, such as a school, or to remedy a public health emergency not otherwise correctable, such as a failing septic tank or failing package treatment plant. Generally, system extensions into areas outside of Transition Areas shall be sized according to the policies of the utility providing the water or sewer service. However, system extensions into and within the Rural Buffer and Water Quality Critical Areas shall be sized to address only the concern for which the systems are extended. Valid written water and/or sewer service agreements for locations in the Rural Buffer and Water Quality Critical Areas which were valid prior to April 3 , 1989, and in which a municipality (including Orange County) or a water/sewer authority is a party and is the water/sewer provider may be carried out to the level of service for which the agreements were originally written. However, the water and/or sewer service established by such an agreement shall be extended only for uses and densities permitted'by the Orange County Zoning Ordinance. 4. Development projects outside the Rural Buffer portion of the Joint Planning Area and outside a Water Quality Critical Area may access water or sewer service when existing water or sewer service is contiguous to the site. However, any such development project will only be approved at densities permitted by the Orange County Zoning Atlas and consistent with the Land Use Element of the Comprehensive Plan. "Development project" refers to any place of residence, business, industry, or assembly, and any major or minor subdivision, special use or planned development which requires the approval of Orange County through administration and enforcement of the N.C. State Building Code or its Zoning and Subdivision Regulations. -7- — Ala_: ca,vy — — — 13 is _ /�•� � Y.y 8• Yom••; �....• •`•..p �W,r•" .•... � � it ..� ♦ �t-w r:.• �` � �fit•_ 1 • �_.. r ti a .+ IY! v,•,r'ta /•» r': \-w. ---i- - _ __ a __ rs� ITT Iii 1 r '�fa� ((D (CD N m D D 3cn Z CD CL ,1 • � � i •..r.�• W �-•� °.%•' 14 1 count' r '�•�..i;•.mo t •1 t „' STEWAkT E<�+viNEERiNa d�3f 1'71 iy7r' ib:Jd 7iyy'�iblbl 14 of ur e•y r w 0' • Od " `c a � 0 ❑ a v< dam y O IN O ... P A •7 o , O r a o Brook ieid Dr. w a roo � 0 m o \V e o G ^t t^{ ❑ C"4- N 0