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HomeMy WebLinkAboutMinutes - 19851119 000ti75 MINUTES ORANGE COUNTY BOARD OF 00 MISSIONERS REGULAR MEETING NOVEMBER 19, 1985 The Orange County Board of Commissioners met in regular session on November 19, 1985, 7:30 p.m. in the Courtroom of the old Post Office in Chapel Hill, North Carolina. COMMISSIONERS PRESENT: Chair Don Willhoit and Commissioners Shirley Marshall, Moses Carey, Ben Lloyd and Norman Walker. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth Thompson, Clerk to the Board Beverly A. Blythe, Sheriff Lindy Pendergrass, Major Don Truelove, and Planner Susan Smith. A. BOARD COMMENIS Chair Willhoit indicated a joint meeting needs to be initiated between Orange and Chatham County to talk about the agreement on the County line and other items related to Transportation and Highway projects and watershed protection in the Chatham County portion of the watershed. Chair Willhoit referred to a presentation given by Joe Mavretic, a State Representative from Edgecombe County, on a proposal to eliminate the property tax and replace it with an eight cent sales tax. Significant modifications of the original proposal had been made. Mavretic's request to make his presentation to the TJCOG was turned down. After further discussion, it was the consensus of the Board to request TJCOG to reconsider their decision and allow Mr. Mavretic to present his plan. If TJCOG does not give Mavretic an opportunity to do so, the Board of Commissioners will invite him to present his plan to the Board. B. AUDIENCE COMMENTS 1. MATTERS ON THE AGENDA County Manager Kenneth Thompson indicated that item G - Executive Session was placed on the agenda in error and should be deleted. Those citizens in the audience who wish to speak will be recognized at the appropriate time their item is discussed. 2. MATTERS NOT ON THE PRINTED AGENDA None. C. MINUTES Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for July 3, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for August 5, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for August 20, 1985 as circulated. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for September 3, 1985 as corrected. VOTE: UNANIMOUS. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the minutes for September 17, 1985 as circulated. VOTE: UNANIMOUS. 0002' 0 Motion was made by Commissioner Carey, seconded by Commissioner Marshall to approve the minutes for September 30, 1985 as circulated. VOTE: UNANIMOUS. Motion was made by Chair Willhoit, seconded by Commissioner Moses to approve the minutes for October 15, 1985 as corrected. VOTE: UNANIMOUS. D. APPOINIMENTS HEALTH AND MEDICAL CARE ADVISORY BOARD Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint James M. Cryer to the Health and Medical Care Advisory Board. VOTE: UNANIMOUS. SOLID WASTE TASK FORCE Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Eve Shy to the Solid Waste Task Force. VOTE: UNANIMOUS. ENO VOLUNTEER FIRE DEPAR7KENT Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to appoint Dorothy Bane to the Board of Trustees for the Eno Volunteer Fire Department. VOTE: UNANIMOUS. ORANGE GROVE VOLUNTEER FIRE DEPAR!IMENT Motion was made by Commissioner Marshall, seconded by Commissioner Carey to appoint Pricilla Lloyd to the Board of Trustees for the Orange Grove Volunteer Fire Department. VOTE: UNANIMOUS. E. ITEMS FOR DECISION-CONSEN-T AGENDA The County Manager recommended the following action by the Board: 1. MUTUAL AID AGRF -EMS Postponed. 2. MUTUAL AID RESOLUTI014-SB UFF I S DEPARTMENT Postponed. (This item was presented later in the meeting) . 3. EMERGENCY FOOD AND SHELTER ALLOCATION Approval for allocating funds under the Emergency Food and Shelter National Board Program and authorize the Chair to sign all related documents and submission of same to the National Board. 4. BUDGET AMENDMENT-HEALTH Accept the additional FY 85-86 State grants for the Board of Health in the amount of $60,703 and amend the budget accordingly. 5. JOINT PLANNING LAND USE PLAN Reaffirm January 14, 1986 as the public hearing date for the Joint Planning Area Land Use Plan. 6. LEASE RM WAT AGREEMENT"-CARR MTL.T MATT. HEALTH DEPT FACILITIES Approval of the lease renewal agreement for the Health Department and Dental Clinic facilities at Carr Mill Mall in Chapel Hill with a new indemnity clause approved by the lessor and County Attorney and authorize the Chair to sign. 7 ROOF REPLACCRIENTTS BIDS FOR THE NEW COURTHOUSE Approval of the contract with M and W Roofing and Insulation, Inc. for repair of two sections of roof at the New Courthouse on Margaret Lane at a cost of $2,850. 10. SANITATION SITE LEASE 0000`277 Approval of the lease agreement with William G. and Annie D. Freeland for the lease of one acre of land at $50.00 per month for the purpose of relocating the dumpster site near the intersection of Highway 86 and 70 to one mile north on Highway 57. 11, BUDGET AKEWMENT-EMGERa PURCHASE OF METAL DETER Approval of the following budget amendment to the 1985-86 Budget Ordinance to allow for the purchase of a metal detector to be used in the courtroom: Appropriation: Clerk of Court $ 3,225 Source: Transfer from County Capital Projects $ 3,225 Appropriation: Transfer to General Fund $ 3,225 Source: Fund Balance Appropriated $ 3,225 Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd that the forgoing action be taken by the Board. VOTE: UNANIMOUS. 2 AL AID SHERIFF'S DEPARTMENT Sheriff Pendergrass presented for consideration a mutual aid agreement regarding law enforcement agencies in the State which would allow for a response to calls which cannot be covered by the local provider; allow provider to respond to calls where questions of geographical and boundary lines are not clear, and allow for assistance during disasters in which law enforcement may be needed and cannot be provided by local law enforcement. Motion was made by Commissioner Carey, seconded by Commissioner Lloyd to approve the mutual aid resolution for the Sheriff's Department as stated below: RESOLUTION ADOPTING A POLICY FOR MUTUAL ASSISTANCE WITH OTHER LAW MXWEMENT AGENCIES WHEREAS, pursuant to North Carolina General Statutes 160A-288, 160A-288.2 and 90.95.2, the governing body of a city or county may adopt appropriate guidelines for the purpose of mutual assistance with other municipal, county, and state law enforcement agencies; and WHEREAS, pursuant to said laws, the law enforcement assistance to be rendered authorizes lending officers to work temporarily with officers of the requesting agencies, including in an undercover capacity, and lending equipment and supplies; and WHEREAS, it is deemed to be in the best interests of the citizens of Orange County to adopt a reasonable policy and guidelines whereby reciprocal law enforcement assistance can be both rendered to and obtained from other governmental jurisdictions; and WHEREAS, such reciprocal assistance is necessary for effective law enforcement for the protection of the citizens of Orange County; NOW, THEREFORE, BE IT RESOLVED BY THE ORANGE COUNTY BOARD OF CCMMISSIONERS THAT: 1. The Sheriff is hereby authorized to enter into mutual assistance arrangements with other municipal, county, or state law enforcement agencies, provided that the head of the requesting law enforcement agency makes such a request in writing. 2. The Sheriff is hereby authorized to permit officers of the Orange County Sheriff's Department to work temporarily with officers of the requesting agency, including in an undercover capacity; and, the Sheriff may lend such equipment and supplies to requesting agencies as he deems advisable. 3. All such requests and authorizations shall be in accordance with North Carolina General Statutes 160A-288, 160A-288.2, and 90-95.2 as applicable. 4. While working with a requesting agency, an officer shall have the same jurisdiction, powers, rights, privileges and immunities (including those relating to the defense of civil actions and payment of judgments) as the officers of the requesting agency in addition to those he normally possesses. 5. While on duty with the requesting agency, an officer shall be subject to the lawful operational commands of his superior officers in the requesting agency, but he shall for personnel and administrative purposes, remain under the control of his own agency, including for purposes of pay. An officer shall furthermore be entitled to worker's compensation and the same benefits to the extent as though he were functioning within the normal scope of his duties. 6. The Sheriff is hereby authorized to enter into mutual assistance agreements with other law enforcement agencies in accordance with such reasonable arrangements, terms and conditions as may be agreed upon between the respective heads of the law enforcement agencies. VOTE: UNANIMOUS. F. ITEMS FOR DECISION 19, UPDATE ON THE WATER SUPPLY AND USAGE IN THE UPPER ENO RIVER BASIN (A complete copy of the report is in the permanent agenda file in the Clerk's office.) Ken Thompson presented an overview of the report. At the Environmental Management meeting to be held in December, the level of Instream flow requirement will be discussed. In the short term, action needs to be taken by the Board with regard to issues relating to Lake Orange. Orange- Alamance Corporation needs to address those issues relating to Corporation Lake and the Town of Hillsborough needs to address those issues relating to Lake Ben Johnson. In answer to a concern from Commissioner Marshall, Thompson indicated that raising Lake Orange two feet would not have any impact on the property in that area. Commissioner Marshall stressed the need for a task force with representatives from OWASA, Orange-Alamance, Orange County and Hillsborough to review the recommendations in the report and take into account what DEM may decide at their meeting in December and come up with a short range proposal. Thompson clarified that at the present time 2.2 million gallons is available with 1.9 being used leaving 300,000 as the excess capacity per day. With modifications as outlined in the report, a total capacity of 3.5 or 4 million gallons per day would be available. Chair Willhoit noted that policy decisions need to be made in order to implement those provisions which would provide for the maximum output from the existing reservoirs. Policies need to be worked out whereby Orange Alamance will seek other water supplies and not increase the transfer out of county which is done at the present time. Also, the Town of Hillsborough needs to consider policies for establishing a rate structure which will provide enough capital to increase the future water supply as needed. It was the consensus of the Board to reactivate the Water Resource Committee and to formulate and bring back to the Board the policy issues that need to be addressed immediately. 8. MERIT PAY DECISIONS 000ti79 Motion was made by Chair Willhoit, seconded by Commissioner Carey to approve a one-step (5%) merit pay increment increase, effective on the employment anniversary date, to the County Manager, Clerk to the Board, Register of Deeds and Sheriff. VOTE: UNANIMOUS. �. MANAGER PERFORMANCE APPRAISAL FREQUENCY Motion was made by Chair Willhoit, seconded by Commissioner Marshall to adopt the policy that the Board of Commissioners will conduct a performance appraisal of the County Manager annually. VOTE: UNANIMOUS. F. ITEMS FOR DEICISION 12 PARTIAL WID'T'H R/W FOR F F & SUE MCDONAiD MINOR SUBDIVISION Planner Susan Smith presented for Board consideration a request for approval of a partial width right-of-way of 12 feet to serve a minor subdivision on a lot known as Chapel Hill Township Tax Map 120, Lot 1B. The Planning Board recommended approval of the request. Motion was made by Commissioner Lloyd, seconded by Commissioner Walker to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 13 PARTIAL WIDTH R/W FORE ALTON CUMMINGS MINOR SUBDIVISION Planner Susan Smith presented for Board consideration a request for approval of a partial width right-of-way of 30 feet to serve a minor subdivision on a lot known as Cheeks Township Tax Map 1, lot 4. The Planning Board recommended approval of the request. Motion was made by Commissioner Marshall, seconded by Commissioner Lloyd to approve the recommendation of the Planning Board. VOTE: UNANIMOUS. 14. PROPOSED SUBDIVISION RIU ATIONS TEXT AMENUMENTS Planner Susan Smith presented for consideration the proposed Subdivision Regulations text amendments as submitted to public hearing on May 28, 1985 and as modified and recommended by the Planning Board. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the text amendments to the Subdivision Ordinance as listed on pages �1 -XV these minutes. VOTE: UNANIMOUS. 15, PROPOSED ZONING ORDINANCE TEXT AME EMENTrS Planner Susan Smith presented for Board consideration the proposed Zoning Ordinance Text amendments as submitted to public hearing on May 28, 1985. The Planning Board recommends approval of the proposed amendments to Articles V , VI and VII of the Zoning Ordinance regarding watershed standards and hoarse occupations and Section VI of the Subdivision Regulations regarding watershed standards. They further recommended that the existing definitions of "farm" and "farming" be retained in the Zoning Ordinance and that the County Attorney be requested to investigate the possibilities of obtaining express statutory authority to define farming. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the Planning Board for the proposed amendments to Article V, VI, and VII of the Zoning Ordinance regarding watershed standards and home occupations and Section VI of the Subdivision Regulations regarding watershed standards, as listed on pages alb-327 of these minutes. VOTE: UNANIMOUS. NOTE: NO ACTION WAS TAKEN ON THE DEFINITIONS OF "FARM" AND "FARMING". 400~8, 0 16, PRUPOST-n ZONING n17n7NnME = AMENDMENTS Planner Susan Smith presented for consideration of approval the proposed text amendments to Articles VI, VIII, and XX of the Zoning Ordinance submitted to public hearing August 26, 1985. The Planning Board recommended approval of the amendments, including the amendment to Article 8 as drafted by the County Attorney. Motion was made by Commissioner Marshall, seconded by Commissioner Carey to approve the recommendation of the Planning Board including the amendment of Article VIII as drafted by the County Attorney as listed on pages 23 of these minutes. VOTE: UNANIMOUS. 17- PLANNED DE'VF'T EMENT REZONING INN UnIEN IONS Planner Susan Smith presented for consideration the extension of time limits on (5) planned development amendments whose approvals have expired. The following projects have been issued Special Use Permits, but have not initiated construction activity because of required additional Town of Chapel Hill and federal approvals and permits necessary: BROOKSTONE APARTMENTS (approved 11/20/84) OPC ALCWOLIC REHABILITATION CENTER (approved 11/5/84) The following project has not been issued a Special Use Permit because of delay in obtaining Town of Chapel Hill approvals and permits required for the issuance of the permit: SEDG3g00D APARTMENTS (2/19/85) The following projects have not been issued Special use Permits because revised site plans have not been submitted: OCCONEECHEE POINT I (approved 11/5/84) OCCONEECHEE POINT II (approved 2/19/85) The Planning Board recommends approval of an extension of the planned development rezonings for the aforementioned projects for six (6) months to allow additional time to obtain appropriate permits and approvals and to initiate construction activity. Motion was made by Commissioner Lloyd, seconded by Commissioner Carey to approve the recommendation of the Planning Board. VOTE: AYES, 4; NOES, 1 (Commissioner Marshall) . 18, EFLAND SEWER RULES AND REGULATIONS The first line under VII C was corrected to read "The County is not to be liable for damage of". Section VI B will be modified to include some guidelines for charging the minimum monthly charge. The amounts in Section XIV and Attachment A will be submitted to the Board at a later date for approval. Motion was made by Commissioner Carey, seconded by Commissioner Marshall to adopt the Efland Sewer Operating Rules and Regulations as corrected. VOTE: UNANIMOUS. H. ADJOURNMENT Chair Don Willhoit adjourned the meeting. The next regular meeting will be held November 25, 1985, 7:30 p.m. in Superior Courtroom, Orange County Courthouse, Hillsborough, North Carolina. Don Willhoit, Chair Beverly A. Blythe, Clerk 000,11,J181 SUBDIVISION REGUIMIONS AME[�DMII� Amend Section IV REQUIRM MIN IM D SIM by adding Section IV-B-9 Watershed Protection Standards IV-B-9. W,k-' ED purm ION STANDARDS In every subdivision, provision shall be made for the protection of water supply watersheds of regional importance. Lands which are within the boundaries of such watersheds shall be subdivided and developed only after proper provision is made for the preservation of vegetative buffers adjacent to streams draining to existing or proposed reservoir sites and the first one-half (1 1/2) inch of stormwater runoff from impervious surfaces is infiltrated into the soil. IV-Br-9-a. Applicability Water supply watersheds requiring special protective measures include all property located within the Neuse and Cape Fear River basins outside the zoned portions of water supply watersheds designated in the Orange County Land use Plan. IV-&-9-b. Stream Buffer Standards In all new subdivisions located within a water supply watershed of regional importance, the preliminary and/or final plat of such subdivisions may not be approved unless stream buffers are provided in accordance with the following standards: 1) Stream buffers shall be provided along all perennial streams within or bordering new subdivisions. Perennial streams are defined as those streams, creeks or other drainageways indicated by a solid blue line on U.S. Geodetic Survey quadrangle maps for Orange County. 2) The stream buffer shall be measured from the edge of stream banks for a distance of fifty (50) feet therefrom and shall be provided along both sides of all perennial streams. 3) Within the stream buffer, land shall be retained in its natural state. However, disturbance to existing forested/vegetated areas may be allowed when replaced with vegetation resulting in comparable stormwater runoff velocity and quantity within one (1) year from the date of installation. Where a buffer area is subject to serious erosion, an erosion resistant vegetative cover shall be established and maintained. 4) Public and private streets, bridges and railroad rights-of-way shall be permitted to cross buffer areas, but they shall enter and exit such areas as nearly perpendicular to them as possible. The direct discharge of runoff through ditches, culverts or along roadways which cross required buffer areas 00082 shall be controlled through infiltration, retention or detention structures, and diversion devices. IV-B-9-C. -Infiltration Standards For all new subdivisions, the preliminary and/or final plat may not be approved unless provision has been made for controlling the first one-half (1/2) inch of stormwater runoff from impervious surfaces. Impervious surfaces are those areas which prevent infiltration of water into the soil and include parking areas, roads, sidewalks, and other similar facilities constructed of asphalt and/or concrete. Control of stormwater runoff shall be accomplished insofar as possible through on-site infiltration of the first one-half (1/2) inch of runoff and through the use of methods which rely on natural soil properties for absorption and treatment. Infiltration techniques not only remove both suspended and dissolved pollutants, but they require less maintenance, reduce flooding, promote groundwater recharge and help maintain stream flow during dry periods. Where, due to soil type, steep slopes, presence of flood plains, highly erodible soils, vegetative cover and/or previous land disturbances, infiltration is impractical, the following alternative measures may be permitted: 1) Flow attenuation methods, such as grass swales, to reduce runoff velocity and filter out pollutants. 2) Retention ponds which capture stormwater runoff allow suspended pollutants to settle out and release the runoff at reduced rates. 3) Retention ponds with no outlet structures which retain all runoff until it infiltrates or evaporates. Where on-site infiltration methods are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. Undisturbed areas for infiltration of runoff shall also be located downslope from impervious surfaces and shall not include areas characterized by floodplains, highly erodible or impervious soils, steep slopes or previously disturbed areas. Areas designated as suitable for septic tank nitrification fields may not be used for stormwater infiltration purposes. Runoff from roads, parking lots and/or sidewalks shall be directed to undisturbed areas through the use of beams, grassed diversion ditches or swales, or other acceptable means. 00053 ZONING OMINANCE TEXT MM MM SECTION 6.16.1 d and 6 16 2 c Revise to read: The on-premises sale and del*very of goods which are not produced on the premises is prohibited, exeat in the case of the delivery and sale of goods incidental to the provision of a service. Add to Article XXII DEFINITIONS: Sods, Incidental. Retail goods for sale in a manner customary and subordinate to the provision of a service, eg. beautician selling hair products. ARTICLE V EST BLISHME rr OF DIMENSIONAL REOUIREM MS ARTICLE VI APPLICATION OF DIMENSIONAL REOUIRMENTS ARTICLE VII PLANNED DEVELOPMENT DISTRICTS Revise Section 6.23.5 Minimum Lot Size Regulated to read: "The minimum lot size for a commercial use in the Protected Watershed District shall be 80.000 scare feet. The minimum lot size for an industrial use shall be 200.000 square feet.................." Revise Section 6.24.1 Minimum Lot Size Regulated to read: "The minimum residential lot size in Water Quality Critical Areas shall be 80.000 square feet. Revise Section 7.19.1 Minimum Area Reauired f-oK Establishment of District to read: "No such district shall be established with a net land area of less than 200.000 square feet. Revise Section 5.1.2 to provide for a minimum lot area of 200,000 sguare feet for the PWI district. 000~84 ARTICLE 20: AMENDMENTS ...written notice shall be sent by certified mail to thg affected property owner and all adjacent property owners..... ADD If a mendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected property owners and to all adjacent property owners within 500 feet as provided above The Zoning Officer shall certify the mailing of all l such notices to the Board of County Commissioners.... ARTICLE 8 SPECIAL USE PERMITS ORDINANCE AMENDMENTS (S) - COUNTY ATTORNEY'S VERSION 8.2 (REVISE) Procedures for Issuance of Special Use Permit 8.2.1.Before any application for a Special Use shall be approved: .a) .The applicant shall have the burden of establishing, by competent material and substantial evidence, the existence of the facts and conditions which this ordinance requires for approval; and .b) The Board shall make written findings .certifying compliance with the specific rules governing such individual Special Use and that the use, which is listed as a Special Use in the district in which it is proposed to be located, complies with all required regulations and standards including the following general conditions: .a) The use will promote the public ..health. safety and general welfare, if located where proposed and developed and operated according to the plan Aa submitted: .b) The use will maintain or enhance value of contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) : 00085 .c) .The use is in compliance with the cleneral Plans- for the -:physical development of the County as embodied in these regulations or in the Comr h _n_ iye Plan, or portion thereof, opted by the Board of County Commissioners: anI including all pplicable provisions of Articles 4. 5, 6-,- 7. 9. 10 and 12 of this ordinance, unless greater or different regulations are contained in the individual standards for the specific Special Use. It shall be the responsibility of the applicant to present evidence in the form of testimony, exhibits, documents, models, plans and the like to support the application for approval of a Special Use. 8.2.2 Where the Board finds a preponderance of evidence to indicate compliance with the general standards, specific rules governing the specific use and that the use complies with all required regulations and standards the application must be approved unless the Board shall also find, in some specific manner that: The use will not promote the public health, safety and general welfare, if located where proposed and developed and operated according to the plan as submitted; b) The use will not maintain or enhance the value .contiguous property (unless the use is a public necessity, in which case the use need not maintain or enhance the value of contiguous property) ; The use is not in compliance with the general plans for the physical development of the County as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Board of County Commissioners. Those opposing approval of the application on the grounds that the use will not promote the public health, safety and general welfare, will not maintain or enhance the value of contiguous property or is not in compliance with the general plans for the physical development of the County shall have the burden of establishing, by competent material and substantial evidence the specific manner 00080 in which the proposed use does not satisfy the requirements for approval of the application for a Special Use. ORDINANCE AMENDMENT(S): 6.23.4 REVISE Mmoervious Surface Regulated in Protected Watersheds An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces shall include any concrete or asphalt surface. These would include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, impervious surface ratios shall be required as provided in the Table of Impervi ous Surface Ratios Section 6.23.4. Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right-of-way between the center line of the street and the abutting property line of the lot. ORDINANCE AMENDMENT(S): 6.23.4 Maximum Impervious Surface Ratios (SEE ATTACHED TABLE B) ORDINANCE AMENDMENT(S): 6.23.7 Control of the first 1/2" of Runoff from Impervious_ Surfaces Stormwater runoff from impervious surfaces generally carry large amounts of oil, nutrients, metals, bacteria and other pollutants. The amount of such pollutants in stormwater runoff is closely associated with the land use from which it originates. An important determinant of water quality is the increase in impervious surfaces which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first flush" of runoff. To control this pollutant load within the Protected Watershed-II district the first one half-inch (1/2") of runoff from all impervious surfaces in new developments shall be controlled. The purpose of the stormwater control measure is to reduce OOOti87 off site effects by minimizing clearing, compaction and overall site disturbance, while maximizing vegetated areas for stormwater infiltration. Methods to accomplish this standard shall include, in order of preference: a. on-site infiltration through the retention of undisturbed, vegetated areas b. structural or engineered infiltration measures, such as trenches or retention ponds, which reduce the amount of runoff C. detention structures that reduce the rate of runoff. Areas to which the standard applies shall include individual lots or a new development as a whole. If applied to a development as a whole, the applicant must provide for installation and maintenance of proposed stormwater management facilities. Applicants shall be required to submit documentation which indicates compliance with the specified standard. An individual lot of 80,000 square feet or more in size created by deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a site plan which demonstrates that the develop ment of the property is in accordance with the intent of this provision to minimize overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration; and protect critical drainageways and waterways from direct runoff impacts. ORDINANCE AMENDMENT(S) : 6.24.6 Impervious Surface Regulated in Protected Watersheds REVISE An impervious surface is a surface composed of any material which impedes or prevents the natural infiltration of water into the soil. Such surfaces shall include, but not be limited to, streets and parking areas, sidewalks, patios and structures which cover the land. As a watershed becomes developed the amount of impervious surface increases causing a decrease in soil absorption of stormwater runoff and an increase in direct runoff to streams and other water bodies resulting in an increase in potential water pollution. In order to promote infiltration of stormwater runoff into the soil and to minimize direct and immediate runoff into streams and water supply impoundments, 000�8� impervious surface ratios shall be required as provided in the Table of Impervious Surface Ratios Section 6.23.4. Impervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions and calculations of impervious surface coverage for individual lots shall include that portion of a right- of-way between the centerline of the street and the edge the abutting property line of the lot. ORDINANCE AMENDMENT(S): 6.24.8 Control of the First 1/2" of Runoff from Lhmrvious Surfaces Stormwater runoff from impervious surfaces generally carry large amounts of oil, nutrients, metals, bacteria and other pollutants. The amount of such pollutants in stormwater runoff is closely associated with the land use from which it originates. An important determinant of water quality is the increase in impervious surfaces which prevent the natural infiltration of water into the soil. Most of the pollutant concentration is carried in the "first flush" of runoff. To control this pollutant load within the Water Quality Critical Area the first one half-inch (1/2") of runoff from all impervious surfaces in new developments shall be controlled. The purpose of the stormwater control measure is to reduce off site effects by minimizing clearing, compaction and overall site disturbance, while maximizing vegetated areas for stormwater infiltration. Methods to accomplish this standards shall include, in order of preference: a. on-site infiltration through the retention of undisturbed, vegetated areas b. structural or engineered infiltration measures, such as trenches or retention ponds, which reduce the amount of runoff c. detention structures that reduce the rate of runoff. Areas to which the standard applies shall include individual lots or a new development as a whole. If applied to a development as a whole, the applicant must provide for installation and maintenance of proposed stormwater management facilities. Applicants shall be required to submit documentation which indicates compliance with the specified standard. An individual lot of 80,000 square feet or more in size created by deed or plat in accordance with Orange County Subdivision Regulations prior to the adoption of this provision shall be exempt from this requirement upon submittal of a 000 89 demonstrates that the development of the property is in accordance with the intent of this provision to minimize overall site disturbance; maximize maintenance of vegetated areas for stormwater infiltration; and protect critical drainageways and waterways from direct runoff impacts.