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
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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.