HomeMy WebLinkAboutAgenda - 02-28-1994 - C.1.d O R A N G E C O U N T Y
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: February 28, 1994
Action Agenda
Item # 0 . L. d
SUBJECT: ZONING ORDINANCE TEXT AMENDMENT
Article 6.24 Water Supply and Sewage Disposal (NEW)
Article 8.8.27 Alternative Wastewater Treatment Systems (NEW)
DEPARTMENT: PLANNING PUBLIC HEARING _X—Yes No
ATTACHMENT(S) : INFORMATION CONTACT:
Mary Willis
Extension 2583
Proposed Amendment
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 Orange County Zoning Ordinance to incorporate
applicable provisions of the Orange County Water and
Sewer Policy into the Orange County Zoning Ordinance.
BACKGROUND: Land-use related provisions of the existing Water and
Sewer Policy which are proposed to be incorporated
into the Zoning Ordinance. These provisions relate to
the circumstances under which water and/or sewer lines
may be extended, and to the use of alternative
wastewater treatment systems.
The proposed amendments do not represent any
substantive change to requirements currently in effect
through the Water and Sewer Policy.
The Ordinance Review Committee reviewed the proposed
amendment on January 19, 1994. The size restriction
on water and sewer lines extended into the Rural
Buffer was raised as an issue. The Water and Sewer
Policy allows extensions into the Rural Buffer to
serve an essential public facility or remedy a public
health emergency. However, the line may be sized for
that purpose only. The Ordinance Review Committee
expressed concern with the size restrictions,
indicating that the provision may be too restrictive,
and that there could be circumstances where
installation of a larger line would in the long run be
more beneficial. This issue must be addressed in the
Water and Sewer Policy itself in order to be
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incorporated into the Zoning Ordinance.
Another issue raised concerned clarification and
definition of a "public health emergency" . After
consulting with the Orange County Environmental
Health, Planning Staff learned that Environmental
Health Rules do not specifically define "public health
emergency" , although several related terms are
defined. As with the issue of the sizing of lines,
clarification of what constitutes a public health
emergency must first be addressed in the Water and
Sewer Policy in order to clarify the intent of the
Policy.
RECOMONDATION: Article 20.3 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
amendments be referred to the Planning Board for a
recommendation to be returned to the Board of
Commissioners no sooner than April 4, 1994 .
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PROPOSED ORDINANCE AMENDMENT
ORDINANCE: ZONING ORDINANCE
REFERENCE: Article 6.24 Water Supply and Sewage Disposal
(NEW)
Article 8.8.27 Alternative Wastewater Treatment
Systems (NEW)
ORIGIN OF AMENDMENT: _x_ Staff Planning Board
BOCC Public
Other:
STAFF PRIORITY RECOMMENDATION: High Middle _x_ Low
Comment:
PUBLIC HEARING DATE: February 28, 1994
PURPOSE OF AMENDMENT: To incorporate applicable provisions of
the Orange County Water and Sewer Policy
into the Orange County Zoning Ordinance.
IMPACTS/ISSUES: Land-use related provisions of the existing
Water and Sewer Policy which are proposed to
be incorporated into the Zoning Ordinance are
summarized as follows:
Water and Sewer Extensions
1. Allowed in Transition Areas
2. Allowed outside of Transition Areas
only:
a) to serve an essential public
facility; or
b) to remedy a public health
emergency; or
c) where existing service is
contiguous to the site.
3. Allowed in Rural Buffer and watershed
critical areas only:
r a) If a service agreement existed
before April 3, 1989; or
1 b) to serve an essential public
facility or remedy a public health
emergency, provided that the line
is sized for that purpose only.
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Use of Alternative Wastewater Treatment
Systems
1. Defined as discharge systems such as
package treatment plants or non-
discharge systems such as spray
irrigation or low-pressure injection.
2 . Permitted as a Class A Special Use if:
a) All Special Use Permit requirements
are met; and
b) soils are unsuitable for
conventional on-site disposal;
OR
soils are suitable for on-site
disposal, but open space is
preserved through clustering; and
C) the site is not served by public
sewer.
A new Article 8.8.27 is also proposed, which
establishes specific Special Use Permit
conditions for alternative wastewater
treatment systems. In addition to conditions
which assure compliance with the requirements
above, conditions are proposed which relate
to long-term operation and maintenance.
The proposed amendments do not represent any
substantive change to requirements currently
in effect through the Water and Sewer Policy.
EXISTING ORDINANCE PROVISIONS AND PROPOSED AMENDMENT:
6.24 WATER SUPPLY AND SEWAGE DISPOSAL
6.24.1 Service Estension
a) Within Transition Areas
A water or sewer system built or extended within
Transition Area as defined in the Land Use Element
of the Comprehensive Plan shall be designed, sized
and constructed to the standards of the probable
utility provider. The location and size of
utility easements shall be approved by and
dedicated in the form of a deed of easement to the
probable future public utility provider.
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b) Outside of Transition Areas,
1) Permitted Extensions
Except as provided in Article 6.24. 1 (b) (3)
below, water and/or sewer facilities outside
of Transition Areas as defined in the Land
Use Element of the Comprehensive Plan may
occur only:
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) ; or
where existing water and/or sewer
service is contiguous to the site.
2) Capacity of Extensions
Except as provided in Article 6.24 . 1(b) (3)
below, system extensions into areas outside
of Transition Areas shall be sized according
to the policy of the utility provider.
3) Exceptions
(a) Prior Agreements
Valid written water and/or sewer service
agreements for locations in the Rural
Buffer and watershed critical areas
which were valid prior to April 3, 1989,
and in which a local government 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 applicable zoning
district.
(b) Extensions in Rural Buffer and Watershed
Critical Areas
Development projects within the Rural
Buffer portion of the Joint Planning
Area and outside of watershed critical
areas may access water and sewer service
only to provide service to an essential
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public service of to remedy a public
health emergency not otherwise
correctable.
Such extensions shall be sized only to
address the purpose for which the system
is extended.
c) Assurance of Installation
A development project to be served by a public or
private water or sewer system must be assured of
installation of such service at the time it is
approved. "Assured of installation" shall mean
that the municipality, private association or
water or sewer authority to whose system the
development project is to be connected has:
1) Reviewed and approved preliminary plans for
proposed water and sewer lines; and
2) Determined that the existing system has
adequate capacity to serve the proposed
connection(s) ; and
3) Determined that the existing water and sewer
treatment facilities have adequate capacity
to supply water to and treat wastewater from
the proposed development, and
4) Determined that the carrying capacity of the
discharge stream or discharge point is
sufficient to accept the proposed discharge
while maintaining water quality standards
established by the North Carolina Division of
Environmental Management; and
5) Determined that an adequate method of funding
proposed extensions of water and sewer lines
has been established; and
6) Determined that service to the development
project is authorized by any water management
plan and discharge permit which may be in
effect at the time of approval.
Indication that the above conditions for assurance
of installation are satisfied, and that water
and/or sewer will be provided to the development
site, shall be provided by the utility provider,
through approval of a formal resolution or other
agreement.
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6.24.2 Use of Alternative Wastewater Treatment Systems
a) Definition
Alternative wastewater treatment systems include:
Discharge systems such as package treatment
plants which discharge into a natural water
course and do not depend on the soil for
treatment.
Non-discharge systems which are used where
pollutants found in the wastewater can be
adequately removed through distribution to
the soil. Non-discharge systems are
generally known as ground absorption systems
consisting of land application systems by
spray irrigation onto the surface of the soil
and variations of the conventional ground
absorption system based on low pressure
injection of wastewater into the soil.
b) Where Permitted
Where allowed by the zoning district and any
applicable zoning overlay districts, the use of
alternative wastewater treatment systems as a
means of sewage disposal will be permitted with
approval of a Class A Special Use Permit (see
Article 8.8.27) if one of the following conditions
exists:
the Orange County Division of Environmental
Health has determined that the land is
unsuitable for conventional on-site sewage
disposal systems, and the land is not served
by public sewer; or
the land has been found to be suitable for
conventional on-site sewage disposal systems,
however, open space is preserved for
recreation areas and/or for scenic,
environmental and agricultural protection
purposes through the clustering of dwelling
units and the land is not served by public
sewer.
8.8.27 ALTERNATIVE WASTZKKTER TREATMENT SYSTEKS
8.8.27.1 Additional Information
a) A statement from the Orange County Division of
Environmental Health concerning the suitability of
soils for wastewater disposal.
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b) Construction plans approved by the Orange County
Division of Environmental Health or the North
Carolina Division of Environmental Management,
whichever is the applicable approval authority.
c) A long-term monitoring and maintenance plan,
including legal and financial responsibility.
8.8.27 .2 Standards for Evaluation
a) The site is not served by public water and/or
sewer.
b) The Orange County Division of Environmental Health
has determined that the soils are not suitable for
conventional individual ground absorption systems;
OR
Open space is preserved for recreation areas
and/or scenic, environmental or agricultural
protection purposes, through the clustering of
dwelling units.
c) The proposed monitoring and maintenance plan
provides adequate assurance that the will be
properly maintained.
d) The system design and proposed method of operation
and maintenance meets all other applicable local, ,
state and federal regulations.
ORDINANCE REVIEW SUBCOMMITTEE:
PLANNING BOARD REVIEW:
BOCC REVIEW: