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Home My WebLink AboutAgenda - 11-24-1997 - C3(b) 063 ORANGECOUNTY BOARD OF COMMISSIONERS PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: November 24, 1997 Action Agenda Item #C 3(b 1 SUBJECT: ZONING ORDINANCE TEXT AMENDMENT Article 6.23 Extra Requirements for Watershed Protection Over:.ay Districts Article 22 Definitions DEPARTMENT: PLANNING PUBLIC IIEARING_X_Yes No BUDGET AMEENDMENT Yes X No ATTACHMENT(S): INFORMATION CONTACT: Mary 'Willis Proposed Amendments Extension 2583 Correspondence from Division of Water Quality TELEPHONE NUMBERS: Hillsborough 732-8181 Durham 688-7331 Mebane 227-2031 Chapel Hill 967-9251 PURPOSE: To receive citizen comment on a proposed amendment to the Zoning Ordinance. BACKGROUND: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality (DWQ),responsible for reviewing the ordinances for all NC counties and municipalities within water supply watersheds, returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word"sludge" to "residual"; • Change references from "Division of Environmental Management"to "Division of Water Quality"; and • Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill . U6 � RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, though, the public hearing is the time scheduled for presentation of the Zoning Officer's Recommendation. Zoning Officer Recommendation Provided that the Planning Board and Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendment. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than January 20, 1998. PROPOSED ORDINANCE AMENDMENT ORDINANCE: ZONING ORDINANCE REFERENCE: ARTICLE 6.23 Watershed Protection Overlay Districts ARTICLE 22 Definitions ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public X Other: NC Division of Water Quality STAFF PRIORITY RECOMMENDATION: _X_High Middle Low m Comment: PUBLIC HEARING DATE: November 24, 1997 PURPOSE OF AMENDMENT: To amend Orange County watershed protection regulations in response to comments from the NC Division of Water Quality on compliance with the State mandate. IMPACTSASSUES: Zoning Ordinance amendments which were adopted by the Board of Commissioners on January 1, 1994 were soon thereafter submitted for review and approval by the Environmental Management Commission. The Division of Water Quality (DWQ), responsible for reviewing the ordinances for all NC counties and municipalities within water supply watersheds, returned its comments in the attached letter to the County Manager dated August 1, 1997. The following revisions are required in order to obtain full compliance with the State mandate: • Change the word"sludge"to "residual"; • Change references from"Division of Environmental Management"to "Division of Water Quality"; and • Clarify definitions for Major Variance, Minor Variance, and Discharging Landfill . One of the revisions in the attached letter(item 4.b- definition of Non- Conforming Lot of Record) is not necessary. The Zoning Ordinance already contains a definition of Non-Conforming Lot which satisfies the state requirement. DWQ staff was not aware of this definition when their letter was written, and indicated during a phone conversation with Planning Staff on October 3, 1997 that revision to the current definition was not necessary. Likewise, DWQ staff was unaware that the Zoning, Ordinance already defines Discharging Landfill. The existing definition needs to be revised only to state that C66 ' discharging landfills require a National Pollution Discharge Elimination System (NPDES)permit. The August 1, 1997 letter from DWQ specified that revisions to the must be adopted by the Board and submitted to DWQ by November 28, 1997. That deadline was extended to March 27, 1998 in order to allow sufficient time to complete the ordinance amendment review and approval process. 067 EXISTINGIPROPOSED ORDINANCE PROVISIONS: 6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS 6.23.1 LAND USE RESTRICTIONS All uses and activities allowed iri the underlying zoning district are permitted with the following exceptions: DISTRICT LAND USE RESTRICTIONS UNIV-CA No new landfills are permitted. UNIV-PW No commercial or industrial uses are permitted. CANE-CA No new golf courses are permitted. U-ENO-CA UNIV-CA No sludge residual(sludge)application is permitted. CANE-CA U-ENO-CA CANE-PW No discharging landfills are permitted. U-ENO-PW Industrial use is limited to non-hazardous light industrial uses craracterized by HYCO-PW low water use(less than 10,000 gpat excluding domestic water(25 gpd per LITTLE-PW employee) and water used for heating and air conditioning). BACK-PW FLAT-PW HAW-PW L-ENO-PW JORDAN-PW 6.23.4 Operation and Maintenance of Structural BMPs(Detention Ponds) 5. Annual Inspection Required a. All stormwater structures shall be inspected by Orange County at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspections shall be maintained on fomis approved or supplied by the North Carolina Division of 1 NUaagaffiem Water Quality. Annual inspections shall begin within one (1) year of the filing date of the deed for the stormwater control structure. 6.23.11 ADMINISTRATION a) Appeals Decisions of the Zoning Officer in the implementation of this Article may be appealed to the Orange County Board of Adjustment in accordance with Article 2.3.7 of this Ordinance. b) Variances Minor variances for dimensional requirements may be approved by the Board of Adjustment in accordance with Article 2.3.6 of this Ordinance. The Board of Adjustment may also approve variance requests to allow the use of off-site septic easements for lots created after January 1, 1994. A Minor Variance is defined as a variance from the minimum statewide water supply watershed protection rules that results in a relaxation by a factor of up to ten (10) percent of any management requirement under the low density requirement. pr-9N,al by the Management GewAmssieft. C--offi-M-1-issieft; and A Maior Variance is defined as a variance from the statewide water supply watershed regulations that results in the relaxation by a factor of greater than ten (10) percent of any management requirement under the low density option or the relaxation of an management requirement that applies to a development project requiring construction of a BMP A description of each project receiving a variance and the reason for granting the variance shall be submitted for each calendar vear to th e Geffmaission an an afmoal basis.—Division of Water Quality on or before January 1 st of the following year. All other local governments having jurisdiction within the watershed area and the entity using the water supply for consumption shall be notified of the proposed exemption. ARTICLE 22 -DEFINITIONS Landfill, Discharging- A landfill facility with liner, monitoring equipment and other measures to detect and/or prevent leachate from entering the environment and in which the leachate is treated on site and discharged to a receiving stream. Discharging landfills require a National Pollution System (NPDES)Permit from the North Carolina Division of Water Oualiri