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HomeMy WebLinkAboutAgenda - 11-03-1997 - 10a ORANGECOUNTY 1 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 3, 1997 Action Agenda Item # /D•a SUBJECT: Report on Proposed OWASA Revisions to the University Lake Water and Sewer Extension Policy DEPARTMENT: Planning PUBLIC HEARING Yes x No BUDGET AMENDMENT Yes—x No ATTACHMENT(S): INFORMATION CONTACT: Summary of 9/18/97 Site Inspection(pp. 3-4) Mary Willis Staff Summary of County Regulations Extension 2583 and OWASA Policy (pp. 5-7) TELEPHONE NUMBERS: Maps (pp. 8-11) Hillsborough 732-8181 Correspondence Re: Brookfield Drive Area(pp. 12-17) Durham 688-7331 OWASA Proposal and Related Correspondence (pp. 18-26) Mebane 227-2031 State Legislation(p. 27) Chapel Hill 967-9251 County Regulations(pp. 28-31) PURPOSE: To report on a request by OWASA to comment on proposed revisions to its University Lake Water and Sewer Extension Policy. BACKGROUND: The Orange Water and Sewer Authority has requested comments on a proposed change to its policy on water and sewer extensions in the University Lake Watershed. The current policy allows extension of services into the watershed for reasons generally related to alleviating existing health hazards. The proposed policy revision would expand the criteria used to determine what properties could connect to water and sewer line extensions. The policy change was proposed by OWASA after receiving a petition from homeowners in the Brookfield Subdivision requesting extension of sewer service to remedy failing septic systems. (See pages 3-4 and 12-17 of this agenda for documentation related to Brookfield septic failures.) OWASA had started developing plans for sewer extension to the Brookfield area when it was pointed out by Orange County that the current OWASA policy, as well as the proposed revisions, were inconsistent with the Orange County Zoning Ordinance. Watershed protection regulations applicable in the University Lake Watershed do not allow water and sewer extensions for any reason. 2 On September 18, 1997, Commissioners Brown and Halkiotis, Paul Thames (County Engineer), Ron Holdway (Environmental Health) and Mary Willis (Planning Department) met with several residents at the subdivision. A summary of that site visit is provided in the attached memorandum from Paul Thames, County Engineer (pp 3-4). RECOMMENDATION: The Administration recommends that the Board receive this report and consider the following additional future actions to address issues which have been raised: 1) Address inconsistencies in County ordinances and policies as related to public water and sewer extensions; 2) Determine what triggers the necessity of public water and sewer service to areas outside of Transition Areas; 3) Reaffirm that only Orange County Environmental Health and the County Engineer are empowered by the Board of Commissioners to determine what triggers the necessity of public water and sewer service to areas outside of Transition Areas; and 4) Reaffirm empowerment of Environmental Health and the County Engineer as described in 3) above to the Water and Sewer Service Area Task Force, OWASA, and other jurisdictions. 3 ` MEMORANDUM TO: County Commissioners John Link, County Manager COPIES: Mary Willis, Planner III Ron Holdway, Environmental Health Director FROM: Paul Thames, PE, County Engineer DATE: October 27, 1997 SUBJECT: Brookfield Drive on-site wastewater treatment system problems On 18 September 1997, in accordance with the request of Commissioners Brown and Halkiotis, I accompanied Commissions Brown and Halkiotis, Mary Willis of the Planning Department and Ron Holdway of the Health Department on a site visit to the Brookfield Drive area. The purpose of the inspection was to view, first hand, some of the individual on-site wastewater treatment systems that have been reported as failing or otherwise inadequate. Several Brookfield Drive neighborhood residents that live in homes served by treatment systems reported to be failing met us on site and accompanied us on at least a portion of our walk through the neighborhood. Our first stop was at 1229 Brookfield Drive, an owner-occupied residence served by a discharging sand filter. The resident informed us that the NC Division of Water Quality(DWQ -the permitting agency for discharging systems including sand filters) has recently required that she apply for a discharge permit and make minor improvements to her system(add chlorine spikes for effluent disinfection). The discharge pipe from her sand filter terminated in an open ditch in front of her home. Records maintained by the Health Department showed that the dwelling immediately to the east, 1235 Brookfield Drive, also has a sand filter system. It appeared that the discharge pipe from this sand filter had been connected to the discharge pipe from 1229 Brookfield, so that both filters discharged into the ditch at the same point through a single pipe. A visual inspection of the exposed end of the discharge pipe revealed a blackish particulant residue which is probably indicative of a low quality effluent with an elevated level of solids. As the purpose of a sand filter is to remove solids from septic tank effluent, the readily visible presence of the solid residue at the discharge pipe probably indicates a failure of the sand filter and/or the septic tank serving at least one of the dwellings. As we moved to the west along Brookfield Drive, we stopped at one other dwelling,1213 Brookfield, that appeared to be vacant and that also appeared to be served by a sand filter. There appeared to have been no recent flow from the sand filter system and there was no apparent evidence of sand filter/septic system malfunction. Our next stop was at 1226 Hatch Road where we talked to the owner. He indicated that no one was living in the house because the conventional septic tank system was malfunctioning to the extent that he could not run water or flush the toilet. The owner indicated that the nature of his septic system's malfunction is such that the use of his plumbing system(toilets, sinks, etc.) results in the backup of wastewater into his house, rather than the more typical surfacing of septic tank effluent in the yard. We did not see any signs of surfacing septic tank effluent nor did we enter the house to try flushing the toilets to verify the wastewater backup. 4 We visited two additional adjacent sites, 1225 and 1231 Hatch Road, that were served by failing conventional septic systems. Both showed clear evidence of surfacing and pooling septic tank effluent. The owner of one (1225 Hatch Road) indicated that the system had been unsuccessfully repaired on a number of occasions over the years. The owner of the second system was unaware of the history of the maintenance and repair of-her system. The maps of this area show that the Brookfield community is adjacent to the Rangewood subdivision which was served with a wastewater collection system years ago to eliminate problems caused by widespread failures of individual on-site septic tank systems. Health Department records and reports on the wastewater systems serving the area that includes Rangewood, Brookfield Road Hatch Road, Timothy Lane and the adjacent section of Hwy 54 show that this vicinity has been characterized by numerous failures of on-site wastewater treatment systems installed in poor and inadequate soils. The use of discharging sand filters for single family homes is also indicative of the presence of poor soils. Without extensive on-site investigations, it is impossible to state that all or most of the on-site wastewater treatment systems in the vicinity are either currently or soon to be malfunctioning. Likewise, it cannot be determined that no effective on-site repair options are available to address these failures. However, most currently available site/soil suitability information for this area does indicate that the chances are poor that conventional on-site, non-discharging wastewater treatment technology can be used effectively here. If I may provide additional information, please advise. 5 STAFF SUMMARY OF COUNTY REGULATIONS AND OWASA POLICY CONCERNING WATER AND SEWER EXTENSIONS IN UNIVERSITY LAKE WATERSHED September 25, 1997 COUNTY REGULATIONS The Water and Sewer Policy, Zoning Ordinance and Subdivision Regulations all contain provisions related to the extension of public water and sewer service. Excerpts from each of these documents are attached. Key provisions are summarized below. 1. WATER AND SEWER POLICY Goal 3 - Development Patterns of the Orange County Water and Sewer Policy allows public water and sewer extensions as follows: a) Outside of Transition Areas • may serve an essential public facility • may correct a public health emergency not otherwise correctable b) In Rural Buffer • must be sized to address only the concern for which the system is extended • written water and sewer service agreements valid prior to April 3, 1989 may be honored 2. ZONING ORDINANCE Article 6.23.8 (Watershed Protection Overlay Districts) allows only the use of individual on-site septic systems or individual on-site alternative disposal systems in the University Lake Watershed. 3. SUBDIVISION REGULATIONS Section IV-13-6 of the Subdivision Regulations (Interim Development Standards) states that public water and sewer may be extended into University Lake Watershed to remedy a public health emergency identified by Environmental Health. The interim development standards were initially adopted in 1989 and were last revised in 1991, during the development of regulations in response the University Lake Watershed Study prepared by Camp, Dresser and McKee in 1987. The interim standards were intended to apply only until permanent regulations were put into place. Permanent regulations were adopted on January 1, 1994, when regulations pertaining to Orange County's ten protected watersheds were revised to reflect State-mandated watershed protection requirements. Also at that time zoning regulations were applied to Little River and Cedar Grove Townships. Since all of Orange County's planning jurisdiction was then subject to the Zoning Ordinance, regulations pertaining to watershed 6 protection were eliminated from the Subdivision Regulations, and all watershed protection requirements were incorporated into the existing Article 6.23 of the Zoning Ordinance. Because the interim development standards are contained in the subdivision regulations rather than the zoning ordinance, they only apply in the context of subdividing property. They are not applicable in the case of extending public facilities to serve and existing development. OWASA'S UNIVERSITY LAKE WATER AND SEWER EXTENSION POLICY 1. CURRENT POLICY Extensions and connections may be granted to: a) Alleviate an existing or impending health hazard; b) Alleviate existing conditions that will jeopardize the quality of water in University Lake; C) Protect the health, safety and welfare of the general public; d) Provide service to certain lots in Rangewood Subdivision; e) Provide service for a change in use, if the structure is increased by no more than 50% and the use does not constitute an increased hazard to the watershed. 2. PROPOSED POLICY REVISIONS Extensions and connection would also be allowed to: a) provide service to developed lots with failing wells or septic systems; or b) provide service to developed lots close to those in a) above if wells or septic systems are "reasonably likely to fail within the near future"; or C) provide service to developed or undeveloped lots existing before 4/3/87 which are adjacent to lines constructed for a)and b) above. Developed lots larger than 3.9 acres would be limited to one connection. Additional connections would not be allowed in the future if the land was subdivided. Developed lots 3.9 acres or smaller could not be further subdivided due to zoning restrictions, thus there would be no potential for any connections other than that for the existing use. Undeveloped lots smaller than four acres which were created before April 23, 1987 could be served only upon certification by Orange County Environmental Health that the lot could be permitted for an on-site system. COMPLIANCE WITH COUNTY REGULATIONS 1. ZONING ORDINANCE The current OWASA policy is not consistent with the Orange County Zoning Ordinance, which allows only on-site individual water supply and waste disposal systems. 2. WATER AND SEWER POLICY 7 The current OWASA policy and the Orange County Water and Sewer Policy are somewhat consistent in that both provide for extension of services into the Rural Buffer to address public health emergencies. The policies are not identical however, and neither policy contains all of the elements and details-of the other. For example, the Orange County policy specifies that lines be sized to address only the concern for which the system is extended. There is no such provision in the OWASA policy. 3. SUBDIVISION REGULATIONS The OWASA policy is generally consistent with the content of the Interim Development Standards of the Subdivision Regulations. However, the University Lake interim development standards have not been applicable since adoption in of permanent watershed protection regulations in 1994. They were applicable when the OWASA policy was initially adopted. 8 6 AV � •�.GI rI•b. � V a� N _.r ♦� • w A cl W co Co cf it L IV Ake •1 ° =� ;\:_ g a '� rid:a, , i ••4 m .' 1 s� � `l J' 1 r rr Q 1��•/• 6luro, awowoly 9 r � .y 177'1 . //os HO ACj�NEy Leo. c ;.;•. f <� ? O TER :;: :.;:•..... VIEWOR. =:sy: :%1.. •::. ::::•::::::::::•1 a D !Z° Z G � .l9T5 .... . .............. . 1 ELD S ....................... ........................ r �w Z-7::: C 9 ti :54: 4 ti G ;1► t7` ti 0 l � l w 1�►,ytgEN aRt, t.a c c tool apc Ph i � RD. LAJ 1 RD. GRE CN os IDS- N a � w GreeK } .. e p AD v IS .z as T O s p 2 ? o• a I- >p W W • � • ,bI-c� SIr� Lozl y J Q , auol *(410uj!l 4' • o y v 0 WSJ y = i1 aQ P,a��,ypo'I9 2. Ila ao e+ F 'd Ifs y ^► � � P' � d � "3 a� y �-+ = A. r1 p VA o 'd C6 `' ber, v r a P008 4010H S I r I Lot i 10'e I 8 got, a 7 W © O J �06- Z O �a u ,a, 0 °m f in M &"otel. qeaN1 tl,� 2)0=z�ae� , Daniel B. Reimer, MPH, Director 12 ntd °! ENVIRONMENTAL HEALTH DIVISION C, 0�* Betty Borland Ron Holdway, RS P.O. Box 8181 -306-C Revere Road a� . Jim Brown, RS Jan Jackson, RS Hillsborough, NC 27278 ,r _ 52 Perry Burns, RS Tom Konsler, RS FAX#919-644-3006 _ Greg Grimes, RS Barbara Patterson David Hecht, RS Alan Clapp, RS, LSS Ron Hedrick, RS Wendy Thigpen, RSI Hillsborou'h Chapel Hill Mebane Durham 919-732-8181 x2360 919-9684501 x2360 910-227-2031 x2360 919-688-7333 x2360 1 MEMORANDUM To: Margaret Brown From: Tom Konsler %/C Date: September 2, 1997 Re: On-site Septic Systems in the Brookfield Drive Area Cc: Paul Thames Ron Holdway I hope to provide a little background on the Brookfield Drive are with regard to the proposed extension of sewer service to the area. I would estimate that most of the houses in that area were built in the 1960's when the criteria for installing a septic system were minimal. At that time, the "perc"test was used to determine suitability of a lot. Depending on the time of year and soil wetness conditions,the perc test was variable and could result in septic approval in soil that would not meet the criteria other times of the year. As a result, many sites were approved for installation of septic systems in very poorly drained soils that do not properly function during the wetter winter months. Some of the sites in this area were so bad that even the perc test would not allow system installation. At least four of the homes use sand filter systems which discharge partially treated sewage effluent to ditches and ' drainageways. Some of the older sand filter systems do not have disinfection or chlorination components on them. Others that have had chlorinators added, are not maintained properly and the effluent does not receive disinfection before it is discharged to the ditch. These types of systems are currently under the jurisdiction of the Division of Water Quality(DWQ) at the State/Regional level. The DWQ has recently issued one Notice of Violation for illegal discharge from an unpermitted sandfilter, and has put two others under notice to obtain a permit for the systems to be upgraded and/or permitted. If you would like to see the paperwork on these, I can provide copies of that documentation. Very few, if any of the lots in the development would be approvable for on-site systems by today's standards. As these existing systems fail, they do not have an on-site repair option that could be expected to function properly. The only repair options would be off site. Either connection to a sewer collection system or to request permits from DWQ for the installation of more discharging systems to replace the failing septic Page 2. 13 ' systems. One concern that Environmental Heven the recent sand filter permits is that they do not require the use of"state-of-practice" systems. Current day enhancements such as recirculating sand filters, free access filters, and pressure distribution are not required. The result is that a sand filter system permitted today, if D WQ would even approve one, would not likely achieve an acceptable level of treatment before the effluent is discharged. At the request of Amy Black with OWASA, we surveyed some of the neighboring lots which adjoin the proposed service area. This information was provided to them to make them aware of the conditions of the soil and existing septic systems in the area immediately adjacent to the Brookfield Drive properties. I have attached the results of that survey for you to review. I understand from Paul Thames that we may be meeting about this issue sometime this week. Please let me ! know if I can answer any questions you have or provide more information about this. Thank you for your interest. OuageF�G��� . Daniel B. Reimer, MPH, Director 14 ENVIRONMENTAL HEALTH DIVISION e Betty Borland Ron Holdway, RS P.O. Box 8181 -306-C Revere Road b° . ° Jim Brown, RS Jan Jackson, RS Hillsborough, NC 27278 ,r _ u Perry Bums, RS Tom Konsler, RS FAX#919-644-3006 _ �. Greg Grimes, RS Barbara Patterson y° David Hecht, RS Alan Clapp, RS, LSS Ron Hedrick, RS Wendy Thigpen, RSI Hillsborough Chapel Hill Mebane Durham 919-732-8181 x2360 919-968-4501 x2360 910-227-2031 x2360 919-688-7333 x2360 August 7, 1997 Amy Black Orange Water& Sewer Authority 400 Jones Ferry Rd. Carrboro, NC 27510 Fax: 968-4464 Dear Ms. Black: At your request, we conducted a wastewater system survey of the properties adjoining the Brookfield Drive neighborhood which will be served by a sewer extension. The following is a summary of the observations made during these inspections. T. Rider 1207 Timothy Lane -Septic system appeared to be malfunctioning, no suitable soils for repair A. Treimel 1215 Timothy Lane -High weeds and brush over the system, questionable operation 1219 A& B - Duplex, High weeds and brush over the system, questionable operation R.Keller 427 Hwy 54 - appears to be a non-permitted sandfilter with a discharge, Unsuitable soil and topography for an on-site system or repair. 1226 Hatch Rd. -No evidence of s stem malfu ction, repair area limited or unavailable �.K.3 V F, � eou5? Ward 1208 Hatch Rd. - Location of system questionable with respect to pond drainage, no apparent system malfunction,repair area questionable. 1116 Hatch rd. -Three structures on property, one appears vacant, no apparent system malfunction. D. Stickel 1201 Hatch Rd. - Septic system has been repaired in last 18 months using an unsuitable site. Owner is interested in sewer for future home. J Roberts [behind Stickel] System appears to be malfunctioning. 1 I a-1 t-14�r� Z�� 15 C Read 1207 Hatch Rd. - Has had septic system malfunction due to poor soils and topography. I hope that these results are beneficial to your study of the area. Please be aware that no in-depth investigations were conducted in this survey. These are observations that were made based on visual inspection of the sites and systems. Also be aware that the functionality of septic systems can be adversely affected with wet seasonal weather. But given the recent prolonged dry spell that we have experienced, these systems are probably at their operational best right now. i, Please let me know if we can be of further assistance. Sincerely, Tom Konsler, R.S. Environmental Health Supervisor cc: Jim Brown C9nange County `i4eath �-Uepatctmerlt Daniel S. Reimer, MPH, Director 16 ENVIRONMENTAL HEALTH DIVISION t•aatt of PERSONAL HEALTH DIVISION - ANIMAL CONTROL DIVISION � P.O.Box 8181,306C DENTAL HEALTH DIVISION Revere Rd. b� ,er', ! P.O.Box 6181,300 W.Tryon St. Hillsborough,N.C.27278 it c 52 Hillsborough,N.C.27278 s xw HILLSBOROUGH CHAPEL • (919)732-8181 (919)967-9251 o�r4 eIts MEBANE DURHAM (919)227-2032 (919)668-7333 MEMORANDUM TO: Tony Laws FROM: Ron Holdway DATE: June 13 , 1990 RE: Brookfield Drive Survey Recently, Tom, Greg, and I surveyed the Brookfield Drive area to determine the extent of septic systems malfunctions . This survey was conducted at the request of Everette Billingsley, Executive Director of OWASA. Twenty two systems (twenty one homes and one gas station/food stand) were surveyed in this exercise. Since many of the home owners in the area were not at home during the initial survey and in subsequent visits, in depth questioning of the residents was not possible. In these situations, visual inspections of the field area were the only assessment we were able to do. Of the systems surveyed, seven (320) had definite malfunctions of either surfacing effluent, straight pipes from washing machines or sinks, or both. Four (18%) of the systems were listed as questionable because there was evidence of possible failure or discharge pipes of unknown origin. Eleven ( 50%) of the systems had no apparent malfunction or evidence of any past malfunction. Mr. Billingsley asked for our opinions concerning onsite and community repair options for the area. I believe onsite options will be limited due to the size of the individual lots and also because of the soils and drainage problems in the neighborhood. The possibility . of a community system in the area is extremely remote, also because of the soils and drainage conditions along Hatch Road. It must also be noted that the system serving the gas station/food stand was one of the malfunctioning systems. If the system cannot be suitably repaired, the permit to operate the food stand will be in jeopardy of being revoked. Please advise me on how we should proceed in this matter. SOUTHERN ORANGE OFFICE Carr Mill Mall, Suite 225, 100 N.Greensboro St, Carrboro.N.C.27510, (919)942-4168 uhaKge LouKty dteavtK �uepvtmeht Daniel B.Reimer,MPH, Director 17 • ENVIRONMENTAL HEALTH DIVISION `ouetr er 01' PERSONAL HEALTH DIVISION ANIMAL CONTROL DIVISION v` •� DENTAL HEALTH DIVISION b P.O.Box 8181,300 W.Tryon St. P.O.Box 8181,3060 Revere Rd. Hillsborough,N.C.27278 Hillsborough,N.C.27278 17 � � 52 a !b� HILLSBOROUGH CHAPEL HILL '{'i�rb tace\\c- MEBANE DURHAM (919)732-8181 (919)967-9251 (919)227-2032 (919)668-7333 i June 20, 1990 Mr. Everett Billingsley Orange Water and Sewer Authority 400 Jones Ferry Road P.O. Box 366 Carrboro, North Carolina 27510 Dear Sir: Enclosed is a copy of a memo to me from Ron Holdway concerning a sewage disposal system survey that our staff conducted in the Meadow Brook Estates area. The memo indicates that there is a high rate of failure with very little chance of on-site repair. We will be glad to meet with you and/or Ed Holland to discuss this situation at your convenience. Meanwhile, if you have any questions concerning the exact location of the failures or need additional infor- mation, please let me know. Sincerely, arlton A. Laws , R.S. Environmental Health Supervisor CAL/ 1 j Enclosure cc: Ed Holland Ron Holdway - Dan Reimer SOUTHERN ORANGE OFFICE Carr Mill Mall, Suite 225, 100 N.Greensboro SL. Carrboro.N.C.27510, (919)942-4168 Orange Water and Sewer Authority 18 OWASA 400 Jones Ferry Road 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 19 • 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 Lc rs attachments cc: Board of Directors ITEM �. AGENDA ITEM 20 • 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 strike thFeugh 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 5. / • �t Orange Water and Sewer Authority 21 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 st.-ike dff sugh 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. PROVIDE TO BWO OF DI LT S / r APP-412y— 9 _ Edward A. Holland, AICP Director of Planning and Development attachment An Equal Opportunity Employer 22 RESOLUTION AMENDING POLICY FOR THE EXTENSION OF WATER AND s 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 furthern I y x ns are needed to address circumstances when extensions are allowed under pro' tiated WASA, and that such modifications to the current policy will enhance the A respo eness to future service petitions without compromising its commitm wat d 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 in 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 full 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 23 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 Direct d local governing bodies with a reliable basis for implementing land management con V elp assure short and long term protection of the University Lake water supply. O ri 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 sidered by the local governing bodies. The study, which was completed ' 198 a range of development scenarios and utility service options, and dete ed low sity residential development served by individual wells and septi to a least overall risk to University Lake water quality. Many of the reco 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 eam 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. Policy Regarding Extension of Water and Sewer 24 ' Lines or Connections Thereto in the ``I University Lake Watershed Page 2 Policv Consistent with findings of the Camp Dresser& McKee University Lake Watershed Study, and in accordance with positions adopted by Can:boro, 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 caseske by ca elite 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 limitations. Petitions to allow the extension of water or sewer lines or conrtecttans thereto in the University Lake watershed a itte d by=prol2egy ownewiDkiensi,50or connection r ' ct m t also e i 't' e t e QWASA Board of Directors. AWdegkion to ove or disapprove any petitions v a property owner submitted under conditi 2, I.3 or_5_B below. or to undertake extension r nne t' t ve .all be made by the Authority's Board of Directors after conductin c V17 clusions of the Board shall state the findings upon which the decisio b approve or disapprove petitions submitted under conditio or re a public hearing and may be made by Authority staff. L Petitions for sVpefor ons and connections may be granted when the Board determines th such extensions or connections have established to the satisfaction o 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 4. 5s 25 Policy Regarding Extension of Water and Sewer Lines or Connections Thereto in the University Lake Watershed Page 3 benefitirr-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 I.1, I.2 or L3 above and such permission may be granted by Authority staff without conducting a public,he ing. B. A legal change in property use sh t imp a approval of such connections unless the structur ncr ed in by more than 50 percent, or unless the pro osed stitutes increased hazard to the watershed. �_. Extensions of water ew e it rsitv lake watershed m e undertaken by the WA , tors=on a determination v the Board that the it located t proposed r ' v a ch extensions 1 limited w 1. ve currently failing water sUply or wastewater i al to may e i c he je 2,, Developed lots located adjacent to or in close proximity to the foregoing with water supply or wastewater disposal 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. _ Develo iled or undeveloped lots which existed before April 23. 1987 and are located adjacent to lines constructed to serve lots included in the project under criteria II.1 or II.2 may be included in the project area provided that such lots also meet the criteria specified in II.4 or 1I.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. 5. (o Policy Regarding Extension of Water and Sewer 26 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 Orange County 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 project) or on-site wastewater disposal systems(in the case of a sewer extension project) under regulations in effect at that time. Authorization The Executive Director is authorized and empowered to formulate any application, notification, or other administrative procedures needed to implement this polio ti Reviewed by General Counsel: �►. General Counsel Adopted by the Board- Date Clerk to the Board s.7 27 GENERAL ASSE;ti1BLY OF NORTH CAROLINA l 1991 SESSION RATIFIED BILL CHAPTER 631 'E SENATE BILL 360 1 AN ACT TO CHANGE THE DEFINITION OF "IMMINENT HAZARD" AS IT APPLIES TO CHAPTER 130A OF THE GENERAL STATUTES. The General Assembly of North Carolina enacts: Section 1. G.S. 130A-21 reads as rewritten: "§ 130A-2. Definitions. The following definitions shall apply throughout this Chapter unless otherwise specified: �I) 'Commission' means (lie Commission for Health Services. 2) 'Department' mans the Department of Environment. Health, and Natural Resources. (3) 'Imminent hazard' means a situation which is likely to cause an immediate threat to human life,, an immediate threat of serious physical iniurv, an immediate threat of serious adverse health effects, or a serious risk of irreparable damage to the environment if no immediate action is taken. (4) 'Local board of health' means a district board of health or a county board of health. (3) 'Local health department' means a district health department or a count• health departmcm. (6) 'Local health director' means the administrative head of a local health department appointed pursuant to this Chapter. (7) 'Person' means an individual, corporation, company, association, partnership, unit of local government or other legal entity. (8) 'Secretary' means the Secreta-ry of the Department of Environment, Health, and Natural Resources. (9) 'Unit of local government' means a county. city, consolidated city-county, sanitary district or other local political subdivision, authority or agency of local government. (10) 'Vital records' means birth, death, fetal death, marriage, annulment and divorce records registered under the provisions of Article 4 of this Chapter." (FROM ORANGE COUNTY WATER AND SEWER POLICY) 28 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- 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES (FROM ORANGE COUNTY 29 *Amended ZONING ORDINANCE) s� 1-17-95 DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA _ Water supply and sewage treatment systems shall be limited 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 t 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 r is the source of wastewater generation provided that the {J 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 1/1/94 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 they 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. L 6-43 FROM ORANGE COUNTY SUBDIVISION REGULATIONS , *IV-C. Interim Development Standards 30 *Amended For the purpose of restricting further development in an area where 10/2/89 land use plans are being prepared for the preservation of natural _resources, such as water supplies, and/or development standards are being considered with which to implement such plans, interim development standards may be established which permit development to proceed which is in accord with the contemplated plans and/or standards. Except as provided herein, the establishment of interim development standards shall be governed by the procedures contained in Section VII-D of this Ordinance. *IV-C-1. Form and Content - Interim Development Standards *Amended Interim development standards enacted pursuant to this section shall be 10/2/89 temporary measures established in accordance with the following criteria: a. The standards shall be in effect only for the period of time necessary to achieve the purposes of the contemplated plan and/or its implementing mechanisms; b. The standards shall limit development to the type that would be permitted under the existing standards contained in this Ordinance and/or to that which is in accord with the contemplated plan or its implementing mechanisms; C. The standards may be in effect only in the area affected by the contemplated plan and/or in which its implementing mechanisms will apply; and d. The standards may limit the nature and type of development applications and projects which are approved throughout the duration of the standards. *V-C-2. Interim Development Standards Approved *`Amended The following interim development standards have been enacted and 10/2/89 shall remain in full force and effect until the termination date specified 2/5/90 herein. lfiereafter, the standards are void and of ro effect. 4/2/90 9/3/91 a. University Lake Watershed 1. Area Affected - These standards shall apply to the University Lake watershed. 2. Nature and Duration of Standards - The following �. interim development standards shall apply: 66 J 31 a) Community alternative treatment and disposal systems as well as public water and sewer service will not be permitted in the University Lake _ _.. watershed except (1) to address a public health emergency as determined by the Orange County Health Department or (2) when a valid written service agreement for public water and/or sewer existed prior to April 3, 1989, and is one in which a # municipality (including Orange County) or a water/sewer authority is a party and is the water/sewer provider. b) By April 30, 1991, studies will be conducted to determine the advisability of making public water and sewer services available within the watershed. 'M In addition, a pilot program for monitoring and inspecting alternative treatment and disposal systems as operated by the Orange County Health Department will be evaluated to determine the advisability of permitting such systems in the watershed. C) Following receipt and review of the above mentioned studies, a decision will be made regarding the use of alternative treatment and disposal systems and the availability of public water and sewer services in the watershed. 66-a �4.