HomeMy WebLinkAboutAgenda - 06-16-2015 - 5a 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 16, 2015
Action Agenda
Item No. 5-a
SUBJECT: Unified Development Ordinance Text Amendment — Impervious Surface
Regulations (No Additional Public Comments Accepted)
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Michael Harvey Planner III, (919) 245-2597
Development Ordinance Outline Form — Craig Benedict, Director, (919) 245-2585
Impervious Surface Amendments
(UDO/Zoning 2015-02)
2. Statement of Consistency
3. Ordinance Amending the UDO
4. Planning Board's Statement of
Consistency
PURPOSE: To receive the Planning Board recommendation, close the public hearing, and
make a decision on Planning Director initiated amendments to the Unified Development
Ordinance (UDO) regarding impervious surface regulations.
As a reminder, the reconvening of this hearing is solely to receive the Planning Board
recommendation and any additional written evidence submitted since the May 26, 2015
Quarterly Public Hearing. This hearing is not intended to solicit additional input from the public.
While the BOCC may ask staff questions related to the review of a given item, comments from
the public shall not be solicited.
BACKGROUND: This item was presented at the May 26, 2015 Quarterly Public Hearing
(materials available at: ht!p-://www.oranqecountvnc.qov/150526QPHKC.pd f).
The proposed amendment seeks to allow for a potential increase in allowable impervious
surface area on a given parcel of property through the development and incorporation of an
infiltration based stormwater feature consistent with State allowances. For additional
background information please refer to Section B.1 of Attachment 1. Please refer to Section C.1
of Attachment 1 for a synopsis of comments made at the public hearing.
Attachment 2 contains the required Statement of Consistency indicating the proposed
amendment is consistent with the adopted Comprehensive Plan. Attachment 3 contains the
proposed amendments with changes incorporating comments from the public hearing and the
Planning Board meeting shown in colored text.
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Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Consistency, indicating the amendments are reasonable and in the public interest,
contained in Attachment 2 and proposed amendment package contained in Attachment 3.
Planning Board Recommendation: At its June 3, 2015 regular meeting, the Board voted 11 to 1
to recommend approval of the Statement of Consistency. The Board member voting against
approval of the statement indicated they did not believe the proposal was in accordance with
County policies and goals concerning the promotion of water quality and the protection of local
sources of drinking water.
The Board voted 11 to 1 to recommend approval of the proposed amendment with the
following modification: amend Section 4.2.8 (C) by adding a new provision requiring the posting
of a bond to cover the costs of the removal of the stormwater feature, and any excess
impervious surface area, in the event the property owner fails to properly maintain the feature.
The Board member voting against the motion indicated support of requiring the posting of a
bond but did not believe the amendment, as a whole, was in the County's best interests.
Staff has modified the proposed text amendment to incorporate the Planning Board
recommendation and does not object to the new language.
Please refer to Section C.2 of Attachment 1 for a synopsis of comments made at the public
hearing.
The Planning Board's signed Statement of Consistency is included within Attachment 4.
Materials from the June 3, 2015 Planning Board meeting can be viewed
at: L22.L//www.orangecountync._qov/PB Agenda Packet June 2015.pdf.
Procedural Information: In accordance with Section 2.8.8 of the UDO any evidence not
presented at the public hearing must be submitted in writing prior to the Planning Board's
recommendation. Additional oral evidence may be considered by the Planning Board only if it is
for the purpose of presenting information also submitted in writing. The public hearing is held
open to a date certain for the purpose of the BOCC receiving the Planning Board's
recommendation and any submitted written comments.
FINANCIAL IMPACT: Please refer to Section C.3 of Attachment 1.
RECOMMENDATION: The Manager recommends the Board-
1. Receive the Planning Board's recommendation;
2. Close the public hearing;
3. Deliberate as necessary on the proposed amendments; and
4. Decide accordingly and/or adopt the Statement of Consistency, contained
within Attachment 2, and the Ordinance amending the UDO contained within Attachment
3, as recommended by the Planning Board and staff.
Attachment 1 3
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO / Zoning-2015-02
UDO Text Amendment(s) allowing for the modification of impervious surface area
within Watershed Protection Overlay Districts through the installation of permeable
pavement
A. AMENDMENT TYPE
Map Amendments
❑ Land Use Element Map-
From-
To:
❑ Zoning Map-
From-
To
❑ Other:
Text Amendments
❑ Comprehensive Plan Text-
Section(s)-
❑ UDO Text:
❑UDO General Text Changes
❑UDO Development Standards
❑UDO Development Approval Processes
Section(s) 1. 4.2.8 Modifications of the Impervious Surface Ratio
of the Orange County Unified Development Ordinance (UDO).
❑ Other:
B. RATIONALE
1. Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has
initiated text amendment(s) to modify existing regulations governing processes
allowing for the modification of allowable impervious surface area.
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There has been an increase in inquires and interest from local residents and property
owners with respect to increasing allowable impervious surface area on parcels of
property including:
• Increasing allowable impervious surface percentages in Watershed Protection
Overlay Districts in accordance with State standards
• Allow additional impervious surface area on property based on the installation
of a stormwater feature, and
• Exempt gravel from being considered an `impervious surface area'.
2. Analysis
As required under Section 2.8.5 of the UDO, the Planning Director is required to:
`cause an analysis to be made of the application and, based upon that analysis,
prepare a recommendation for consideration by the Planning Board and the Board of
County Commissioners'.
The amendments are necessary to address current concerns our impervious surface
limits are too restrictive and unnecessary limit development of property and to provide a
mechanism for modifying said limits consistent with current State policies.
Staff generated an information item on this topic, which was provided to the BOCC at
its March 3, 2015 regular meeting, which can be viewed by utilizing the following
link: http://www.oranecountync. ov/document center/ OCCAenda inutes/ arch
3 2015.�df.
As detailed within this information item, in certain circumstances the State allows the
installation of a stormwater feature, commonly referred to as a Best Management
Practice (BMP), providing an opportunity for the installation of additional impervious
surface area.
At this time the State only recognizes the use/installation of permeable pavement as
a means of receiving additional impervious surface area on a parcel. The State is in
the process, however, of revising their policies with respect to the types of features
where additional impervious surface could be permitted based on the installation of a\
BMP designed to capture and allow for the infiltration of stormwater. The result could
be the expansion of the types of features allowing for an additional allotment of
impervious surface area.
The proposed amendment(s) seeks to incorporate the use of infiltration
based/designed BMPs as a means of modifying allowable impervious surface area
within the County. This is consistent with current, and anticipated, State allowances.
The review of these requests will have to be done on a case-by-case basis with the
property owner assuming the responsibility for completing the necessary engineering
studies justifying the modification as well as the responsibility for the maintenance
inspection, and upkeep of said BMP in perpetuity.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Land Use Goal 4: Land development regulations, guidelines, techniques, and/or
incentives that promote the integrated achievement of all Comprehensive Plan goals.
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4. New Statutes and Rules
N/A
C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
March 17, 2015
b. Quarterly Public Hearing
May 26, 2015
c. BOCC Updates/Checkpoints
March 17, 2015 —Approval of the UDO Amendment Outline Form.
April 1, 2015 — Planning Board Ordinance Review Committee (ORC).
May 26, 2015 — Quarterly Public Hearing. The public hearing was held on May
26, 2015 where the following comments were made:
a. Concerns were expressed there was a lack of County staff to
inspect and monitor these stormwater features.
STAFF COMMENT: The Director indicated he understood the
concern and that the Department was in the process of hiring a
new Erosion Control officer at the beginning of the year. Staffing
needs would have to be re-evaluated and the need for additional
personal could not be ruled out.
b. A Board member asked about the impervious surface allocation
issues associated with the Triple Crown subdivision.
STAFF COMMENT: Staff reviewed the history of impervious
surface allocations enacted by the developer of the Triple Crown
subdivision.
c. A Planning Board member indicated more work needed to be done
to educate property owners on the requirements associated with the
development of a stormwater feature on their property, including the
recordation of an access easement to allow for inspection and
maintenance activities.
d. A Planning Board member said they were concerned this proposal
would have a negative impact on local water quality issues.
e. Staff informed the boards Commissioner Jacobs had suggested the
proposed allowance not be allowed within Critical Watershed
Overlay Districts in an attempt to address concerns over water
quality issues.
f. Dr. Janel Sexton addressed the boards expressing support for the
proposed amendment as well as frustration over her property's
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current allotment of impervious surface area.
Materials from the public hearing can be viewed utilizing the following link-
http://www.orangecountync.gov/1 0526QP C.pdf
June 16, 2015 - Receive Planning Board recommendation.
d. Other
N/A
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements
a. Planning Board Review:
April 1, 2015 — Planning Board Ordinance Review Committee (ORC).
The ORC met on April 1, 2015 to review this item. There was general
discussion over the implications of the proposed amendment and the
process by which a property owner would obtain additional impervious
surface area.
June 3, 2015 — Recommendation. The Planning Board met on June 3, 2015 to
review this item. During the meeting the following comment(s) were made:
a. Board members indicated they were comfortable with the requirement that
the stormwater feature had to be designed by a licensed engineer to local
and State requirements in order to qualify for the impervious surface
modification.
b. A board member indicated the Orange County Commission for the
Environment was not in support of the proposed amendment as it was
seen as weakening the County's watershed management program.
STAFF COMMENT: Staff has not received any further information
from DEAPR staff other than the May 6, 2015 memorandum included
within the quarterly public hearing materials.
It should be noted this material also included letters from OWASA and
Town of Carrboro Planning staff indicating they believed the
amendment was reasonable.
c. Several board members expressed concern the amendment was
designed to address a specific problem for 1 property owner and, while
they were sympathetic, it could negatively impact local water quality.
d. A board member suggested there needed to be additional effort taken by
staff to ensure property owners knew the development limitations on their
property.
STAFF COMMENT: Staff reviewed the various documents typically
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recorded with a subdivision, breaking down the development
opportunities and constraints for property as well as the process
employed to educate local property owners on local land use
regulations during the development review/permit process.
These documents, however, were not typically required until the early
to mid 2000's and do not exist for older subdivisions. Also, property
owners need to be made aware of these documents by their
realtors/attorneys, and read them, prior to purchasing property.
Staff cannot correct for these issues.
e. A board member indicted they were concerned about what would happen
in the event a property owner failed to properly maintain the stormwater
feature. After lengthy discussion there was consensus the proposed
amendment ought to be modified to include a requirement that a bond be
posted to cover the costs of removing the inoperable feature and excess
impervious surface area in the event it was not properly maintained.
STAFF COMMENT: Suggested language has been added to the
proposed amendment in Attachment 3. Staff does not object to the
proposed modification.
The Board voted 11 to 1 to recommend approval of the Statement of Consistency
(Attachment 4) and modified text amendment package (Attachment 3).
The Board member (Wegman) voting against approval of the statement of
consistency indicated they did not believe the proposal was in accordance with
County policies and goals concerning the promotion of water quality and the
protection of local sources of drinking water. The Board member (Wegman)
voting against the text amendment package indicated support of requiring the
posting of a bond but did not believe the amendment, as a whole, was in the
County's best interests.
[This information is provided here because minutes from the Planning Board
meeting, which contain this information, are not yet available].
b. Advisory Boards:
Commission for the Environment
(CFE). The CFE reviewed this item at
its April 13, 2015 regular meeting.
Comments from this meeting were
contained within the public hearing
materials.
c. Local Government Review:
Staff transmitted the proposed Staff transmitted the proposed
amendment to the Towns of Chapel amendment to OWASA staff and
Hill, Carrboro, and Hillsborough for presented the item to its Board on
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courtesy review. The Town of April 23, 2015. Their response was
Carrboro provided comments which contained within the public hearing
were contained within the public materials.
hearing materials.
d. Notice Requirements
Legal advertisement published in accordance with the provisions of the UDO.
e. Outreach:
❑ General Public:
❑ Small Area Plan Workgroup:
❑ Other:
3. FISCAL IMPACT
Modification of existing language will not require the outlay of additional funds by the
County. Processing of the amendment shall be handled by staff utilizing existing
budgeted funds.
The need for additional staff as the result of increased inspection of stormwater
features shall be addressed during future budget processes.
D. AMENDMENT IMPLICATIONS
The amendment will allow for an additional process, in accordance with State
regulations, allowing for the modification of impervious surface limits throughout the
County.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment 3.
Primary Staff Contact:
Michael D. Harvey
Planning
(919) 245-2597
mharvey @orangecountync.gov
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Attachment 2
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to allowing for the modification of established impervious surface limits with the
installation and perpetual maintenance of an infiltration based stormwater feature commonly
referred to as a Best Management Practice (BMP).
The Board of County Commissioners finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan, as amended, or part thereof including but not limited to, the
following:
Chapter 5 — Land Use Element— Section 5.6 Goals— Land Use Goal 1:
Fiscally and environmentally responsible, sustainable growth, consistent with
the provision of adequate services and facilities and a high quality of life.
Chapter 5 — Land Use Element— Section 5.6 Goals— Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and
responsive.
Chapter 6 — Natural and Cultural Systems Element — Section 6.4.4 Natural
Areas, Wildlife, and Prime Forests— Natural Area Obiective 4:
Encourage adequate stormwater runoff controls in existing developed areas
and require these controls for new subdivisions to protect sensitive
downstream aquatic habitat.
Chapter 8 — Services and Facilities Element — Section 8.4.2 Erosin Control and
Stormwater Management— Erosion Control Obiective I
Continue to use Best Management Practices (BMPs) for stormwater control,
as outlined within the Orange County Unified Development Ordinance,
Stormwater Ordinance, and Sedimentation Control Ordinance, to minimize
potential adverse impacts on the water quality.
c. The amendment is consistent with applicable plans because it-
1. Allows for the placement of additional impervious surface area on a parcel
of property through the installation and perpetual maintenance of an
infiltration based stormwater feature. This feature, required to be designed
by an engineer, will capture and `treat' runoff rather than direct it into
existing streams, waterbodies, or ditches thereby helping minimize the
potential adverse impacts on water quality.
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2. Requires current, and future, property owners to maintain the integrity and
viability of the installed stormwater feature in an effort to guarantee water
quality in perpetuity.
d. The amendment is reasonable and in the public interest because it:
1. The proposed amendment provides an opportunity for interested residents
and property owners to install additional impervious surface area, such as
gravel, asphalt, and buildings, on a property with the installation of an
infiltration based stormwater feature consistent with practices employed by
the State of North Carolina.
2. The proposed amendments achieve a reasonable balance of attempting to
enforce water quality protection standard while allowing for additional use of
property.
3. The proposed amendments promote public health, safety, and general
welfare by furthering the goals and objectives of the 2030 Comprehensive
Plan.
The Board of County Commissioners hereby adopts this Statement of Consistency and
findings expressed herein.
Earl McKee, Chair Date
Attachment 3 11
Ordinance#:ORD-201 5-016
AN ORDINANCE AMENDING
THE ORANGE COUNTY UNIFIED DEVELOPMENT ORDINANCE
WHEREAS, Orange County has initiated amendment(s) to the Orange County Unified
Development Ordinance in order to incorporate a State recognized process allowing for the
placement of additional impervious surface area on a parcel of property with the development
and perpetual maintenance of a infiltration based stormwater feature, and
WHEREAS, the amendment will allow property owners additional options to install
impervious surface area while working to address water quality issues through the
development, installation, and perpetual maintenance of a stormwater feature designed to
capture and treat runoff, and
WHEREAS, the amendment represents a reasonable balance of attempting to enforce
water quality protection standards while allowing for additional use of property, and
WHEREAS, the requirements of Section 2.8 of the Unified Development Ordinance
have been deemed complete, and
WHEREAS, pursuant to North Carolina General Statute 153A-341 and Section 1.1.7 of
the Unified Development Ordinance, the Board of Commissioners of Orange County has found
the proposed text amendments to be reasonably necessary to promote public health, safety
and general welfare and is consistent with the goals and policies of the adopted
Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
BE IT FURTHER ORDAINED that this ordinance be placed in the book of published
ordinances and that this ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2015.
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I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said
Board at a meeting held on , 2015 as relates in any way to the
adoption of the foregoing and that said proceedings are recorded in the minutes of the said
Board.
WITNESS my hand and the seal of said County, this day of
2015.
SEAL
Clerk to the Board of Commissioners
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UDO AMENDMENT PACKET NOTES:
The following packet details staff's proposed modifications to existing regulations to incorporate
additional opportunities to modify allowable impervious surface area through the installation and
an infiltration based stormwater feature.
As the number of affected pages/sections of the existing UDO are being modified with this
proposal staff has divided the proposed amendments into the following color coded
classifications:
• Red Underlined Text: Denotes new, proposed text, that staff is suggesting be
added to the UDO
• Red Stm fi,ethr-,.,,,.i, T-ex : Denotes existing text that staff is proposing to delete
• Underlined Green Bold Text: Denotes new,proposed text,recommended by the
County Planning Director.
• Blue Bold Underlines Text: Denotes language recommended by the County
Planning Board at its June 3, 2015 meeting.
Staff has included footnotes within the amendment package to provide additional
information/rationale concerning the proposed amendments to aid in your review.
Only those pages of the UDO impacted by the proposed modification(s) have been included
within this packet. Some text on the following pages has a large "X" through it to denote that
these sections are not part of the amendments under consideration. The text is shown only
because in the full UDO it is on the same page as text proposed for amendment or footnotes from
previous sections `spill over' onto the included page. Text with a large "X" is not proposed for
deletion.
Please note that the page numbers in this amendment packet may or may not necessarily
correspond to the page numbers in the adopted UDO because adding text may shift all of
the text/sections downward.
Users are reminded that these excerpts are part of a much larger document (the UDO) that
regulates land use and development in Orange County. The full UDO is available online at:
http://oran eg countync.gov/planning/Ordinances.asp
Article 4: Overlay Zoning Districts 14
Section 4.2: Watershed Protection
(e) The amount of encroachment into the stream or reservoir buffer is th
minimum amount which can be obtained while meeting the criteria i (a)
through (d).
\4. 3 Land Use Restrictions
All uses and activities allowed in the underlying zoning district are permitted with t following
exceptions:
WTABLE 4.2.3 LAND USE RESTRICTIONS
DISTRICT RESTRICTIONS
UNIV-CA No new landfills are permitted.
UNIV-PW No commercial or industrial uses are permitted except for c mmercial development, in
CANE-CA accordance with the provisions of the Ordinance, located ithin established Nodes as
U-ENO-CA detailed within the Orange County Comprehensive PIa .
o new golf courses are permitted
UNIV-CA
CANE-CA No sidual (sludge/biosolids) application is perm ed.
U-ENO-CA
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW No disc\daracterized e p/er use is limited to nonhazardous light
BACK-PW industri less than 10,000 gpd, excluding domestic
FLAT-PW water( ee) r heating and air conditioning).
HAW-PW
L-ENO-P W
JORDAN-PW
4.2.4 Residential Density
Maximum residential density shal/bas indic\1es.in the Table in this subsection, or as required
by the underlying zoning district, ever is
All, TA:4LE 4.2.4 RESIDENTIAL DENSITY dd
DISTRICT MAXIMUM DENSITY
1/du/five es.Ld existing on October 2, 1989 may co ain up to, but no more than, five lots
UNIV-CA wy of one du/two acres. Contiguous lots record existing on October 2, 1989
UNIV-PW mbined into one parcel for development. T number of two-acre lots and the
to of lots in the combined parcel cannot excee the sum of the number of lots
w be created from each lot of record.
du/five acres
Lots of record existing on October 19, 1999 may contain up\o�nctober ore than, five lots as
CANE-CA small as two acres in size. Contiguous lots of record existin 19, 1999 may be
CANE-PW combined into one parcel for development.The number of tand the total
number of lots in the combined parcel cannot exceed the sumber of lots which
could be created from each lot of record.
U-ENO A 1 du/2 acres
LITT -PW
/LAT-PW
O-PW 1 du/40,000 square feet(.92 acre)
U-ENO-PW
L-ENO-PW Maximum density is as permitted in the underlying zoning district.
HAW-PW Structural BMPs are required in some cases where density exceeds 1 dwelling uni\per
/JORDAN-PW acre. Refer to Section 4.2.5.
BACK-PW
Orange County, North Carolina—Unified Development Ordinance Page 4-5
Article 4: Overlay Zoning Districts 15
Section 4.2: Watershed Protection
4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses
TABLE 4.2.5.1: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RESIDENTIAL)
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface
limits as provided in the following Table (entitled Sliding Scale for Residential Impervious
Surface Ratios–Univ, Cane, and Little). [1]_-[21 RMRs;GannAt he used+„satisfy Watershed
UNIV-CA PRpervieus surfaGe r n.#,
UNIV-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8(C).
6% impervious surface limit.
EXCEPT for lots smaller than two acres which existed prior to 1/1/94,which are subject to
impervious surface limits as provided in the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios–Univ, Cane, and Little). 1`11• f21
CANE-CA *nnnos roannet be n,##n satisfy watershed impervieus irfaGe requireme
+�
CANE-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8(C).
6% impervious surface limit.
EXCEPT for lots smaller than five acres which existed prior to 6/1/2010,which are subject to
U-ENO-CA impervious surface limits as provided in the following Table (entitled Sliding Scale for
Residential Impervious Surface Ratios–Upper Eno). 1`11, 1`21
watershed impewiGus sup.— ts.
6% impervious surface limit.
EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits
as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface
Ratios-Univ, Cane, and Little). f11• f21
*R5AD n n# ho #n sato
LITTLE-PW watershed imperviGus irfonn Fequirerne
n#c
Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access
easement, or created in accordance with established density regulations through the
subdivision process to qualify for additional impervious surface allocation as detailed in
Section 4.2.8(C).
1 Staff is editing existing notes throughout the Section to address existing typographical and reference errors. In
the existing text an asterisk('*') in certain cases was used to denote information while in other cases it was not.
There was also a [1] used to identify certain watersheds requiring a BMP in the Neuse River Basin. Unfortunately
the watershed overlay districts identified are not in the Neuse River Basin. The proposed amendments address
these issues and clarify the essential information.
z Green bold underlined language added on May 28,2015 to address a concern of the Planning Director.
Specifically lots created through the cluster subdivision process would not be able to take advantage of the
proposal. We also changed out the term 'parcel'for'lot'as the term 'lot' is already defined within the UDO.
3 Staff is suggesting language mandating a 2 acre minimum lot size,or that the lot was created in accordance with
established density regulations, in order for a parcel within identified watershed overlay districts to request a
modification of impervious surface area through the installation of a stormwater feature.The rationale for the
suggestion is that State regulations currently allow governing bodies to require either a 1 acre minimum lot size,
limited to a 6%impervious surface threshold,or a 2 acre minimum lot size limited to a 12%impervious surface
threshold. In these identified watershed overlay districts the County made a conscious decision to follow the more
restrictive option. We are recommending the condition to ensure those properties subject to a modification
request meet minimum State standards with respect to required lot size. Please refer to Attachment 2 for
additional information on State requirements associated with the establishment and enforcement of impervious
surface thresholds.
Orange County, North Carolina–Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts 16
Section 4.2: Watershed Protection
IMPERVIOUS • POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RESIDENTIAL)
FLAT-PW 12%impervious surface limit for new and existing lots. [11, [21
HYCO-PW *&MPs n n n n# h-e i ed- #n satmsf i wate ro h e d i pe ry 0 9 61 s s 1rfaGe r q 61 0 Fe n#c
12%impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [11, [21
30%impervious surface limit for developments which exceed a density 1 du/acre within
U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are
BACK-PW required if impervious surface exceeds 12%.
70%impervious surface limit for residential uses developed at"high intensity"densities (R-
5, R-8, and R-13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with structural BMPs if ISR
exceeds---12%.
24%impervious surface limit with curb and gutter.
36%impervious surface limit without curb and gutter.
[11, [21 [1] BMPs n n#ho i ed-#e co#isfy watershed impervieus irfaGe r Rts
70%impervious surface limit for residential uses developed at"high intensity"densities (R-
L-ENO-PW 5, R-8, and R-13) in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option),with structural BMPs required
when impervious surface exceeds:
24%(w/curb and gutter);or
36% w/o curb and gutter).
HAW-PW 24%impervious surface limit. [11, [21
JORDAN-PW L
r1] BMPs P-annet be used to satisfy watershed impeMeus irfa Ge r n#c
[1;;"Awed Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.4
121 Regardless of the proposed amount of impervious surface area, a stormwater feature/best management practice
(BMP) may still be required based on the proposed amount of land disturbance on a given parcel of property in
accordance with applicable Orange County Erosion Control and State Stormwater regulations. s
Hillsborough Economic Development District
(1) The ' h Economic Develo rict is located within the Lower Eno
- Unprotected wa a the Hillsborough Economic Development
District, as ed in the Lan ment of the Comprehensive Plan, the
um impervious surface ratio is 50% with onds.
4 This references the Section of the UDO where are now recognizing a State provision allowing for the additional
allotment of impervious surface area through the use of specific BMPs.
5 The County enforces land disturbance thresholds for erosion control and stormwater permits,specifically a
certain amount of land disturbance will require the submittal of either an erosion control permit and/or a
stormwater permit application. While a BMP may be installed on a parcel of property as part of a proposed
modification of allowable impervious surface area,the County also enforces standards requiring a BMP on
property being developed for residential purposes based on the proposed amount of land disturbance. This
requirement has nothing to do with the total amount of impervious surface area proposed or any request to
modify same. Land disturbance thresholds vary for each district. We are adding language to the UDO clarifying
when a BMP is required based on these existing disturbance thresholds.
Orange County, North Carolina—Unified Development Ordinance Page 4-7
Article 4: Overlay Zoning Districts 17
Section 4.2: Watershed Protection
TABLES 4.2.5.2&4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS RATIOS
UNIV,CANE,LITTLE,AND UPPER •
LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET
Cells in black NOT apply to the Upper Eno
• • 3.1 9.8 13,234
• • • ••' 3.0 .0 13,068
• • 2.9 10.2 12,885
2.8 10.4 12,685
• 2.7 10.6 12,467
• 2.6 10.8 12,232
2 11.0 11,979
• 2.4 11.2 11,709
• 2.3 11.4 11,421
2.2 11.6 11,116
• • 2.1 11.8 10,794
5.0 6.0 13,068 2.0 12.0 10,454
4.9 6.2 13,234 1.9 12.2 10,097
4.8 6.4 13,381 1.8 12.4 9,723
4.7 6.6 13,51 1.7 12.6 9,331
4.6 6.8 13,P6 1.6 12.8 8,921
4.5 7.0 X,721 5 13.0 8,494
4.4 7.2 13,880 1. 13.2 8,050
4.3 7.4 13,861 1.3 13.4 7,588
4.2 7.6 13,904 1.2 13.6 7,109
4.1 7. 13,930 1.1 13.8 6,612
4.0 .0 13,939 1.0 4.0 6,098
3.9 8.2 13,930 0.9 14. 5,567
3.8 8.4 13,904 0.8 14.4 5,018
3.7 8.6 13,861 0.7 14.6 4,452
3.6 8.8 13,800 0.6 14.8 3,868
9.0 13,721 0.5 15.0 267
3.4 9.2 13,625 0.4 15.2 2, 8
3.3 9.4 13,512 0.3 15.4 2,012
3.2 9.6 13,382 0.2 15.6 1,359
4.2.6 Impervious Surface, Detention Pond, and Lot Size Requirements for Non-Residential Uses
Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the
underlying zoning district.
IMPERVIOUS TABLE 4.2.6: • POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACEIDETENTION POND REQUIREMENTS(NON-RESIDENTIAL)
IN" Q4 Como oc Residential (Coo Table- i iihcon+inn 4.2.5)
6 Staff is recommending modifying these provisions to ensure consistency amongst the various watershed overlay
districts. We believe it would be more appropriate to make the regulations more consistent with other,similar
overlay districts as denoted herein.
Orange County, North Carolina-Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Districts 18
Section 4.2: Watershed Protection
IMPERVIOUS TABLE 4.2.6: • POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(NON-RESIDENTIAL)
5-acre minimum lot size,with potential of up to five lots as small as two acres for lots of record September 1,
UNIV-CA 2015 (University Lake)or October 19, 1999 (Cane Creek); AND
CANE-CA 6% impervious surface limit.
1 2
2-acre minimum lot size AND
U-ENO-CA 6% impervious surface limit. [11, [21
5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record September 1, 2015
(University Lake)or October 19, 1999 Cane Creek ; AND
50% ISR for all fire stations and solid waste collection centers;AND
UNIV-PW 12% ISR for all other non-residential uses,AND
CANE-PW on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use (139 acres in CANE-PW).
L JiLL 2-acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers;AND
12% ISR for all other non-residential uses; AND
LITTLE-PW on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use (406 acres in LITTLE-PW).
[11 i[21 Q.ADc n of be used to satisfy watershed i surf r n#c
L JL1 70%
ISR in Economic Development, Commercial and/or Commercial- Industrial Nodes as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with structural BMPs if ISR;:-exceeds 12%; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial-
Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan,with structural BMPs if ISR
U-ENO-PW >-exceeds 12%; AND
BACK-PW 12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan (*n"AOc ,.aRRA-+ho „curl +r,satisfy watershe
irfaGe or,+s4,AND
on-site infiltration of the first inch of stormwater runoff;AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163 acres throughout BACK-PW
(1%). [11• [21
50% ISR for all fire stations and solid waste collection centers; AND
12% ISR for all other non-residential uses,AND
HYCO-PW on-site infiltration of the first inch of stormwater runoff-,AND
FLAT-PW limit of 1%of the watershed for non-residential use(37 acres in HYCO-PW, 66 acres in FLAT-PW).
`�7 NAc n n+ho r11 L> QD used +r co+icfii watershed i irfono Feguirements.
70%impervious
surface, with structural BMPs required when impervious surface exceeds:
L-ENO-PW 24%(w/curb and gutter);or
36%(w/o curb and gutter). [11, [21
Orange County, North Carolina-Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts 19
Section 4.2: Watershed Protection
IMPERVIOUS TABLE 4.2.6: • POND REQUIREMENTS
DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(NON-RESIDENTIAL)
HAW-PW 24%impervious surface limit.
JORDAN- [1],f 1 ❑MIDs „+he ed+„satisfy watershed impeplieus rfaGe r +�
PW
[11 Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
121 For non-residential developments a stormwater feature/best management practice(BMP)shall be required in accordance with
applicable local and State standards based on proposed land disturbance and/or a protect exceeding impervious surface
thresholds as identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the er Eno
- Unprotected watershed. Within the Hillsborough Economic Devel ent
District, as designated in the Land Use Element of the Compre sive Plan, the
maximum impervious surface ratio is 50% with detention po s.
4.2.7 Placement o treets, Driveways, and Buildings
(A) Streets, driv ays, and buildings or other structures II be located, to the extent
reasonably poss e, so as to take full advantage he absorptive capacity of the soils
on which they are to situated and to avoid following environmentally sensitive
areas:
(1) Stream buffer zones a ed by Section 6.13;
(2) Wetlands as defined he . Army Corps of Engineers;
(3) Land with slope reater than 15%; d
(4) Natural ar s as identified in the Invento Natural Areas and Wildlife Habitats
of Or e County, NC.
(B) To avoi reating lots that will be difficult to build upon in co 'ance with the standards
Of t Section, the preliminary plan shall show proposed building velopes and
proximate driveway locations for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction buildings
or driveways outside the areas so designated on the preliminary plan u s the
Planning Director makes a written finding that the proposed location complie
with the provisions of this Section and Sections 6.13 (Stream Buffers) and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10.
Unlike residential development,State regulations require a stormwater feature for all non-residential projects
exceeding established impervious surface thresholds for the watershed protection overlay district in which the
project is located. This is the reason why language for note 2 within Section 4.2.6 is different from the same note
in Section 4.2.5.
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 4: Overlay Zoning Districts 20
Section 4.2: Watershed Protection
(B) Through approval and recordation of a conservation agreement, as provided in Article 4
of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner
that prohibits development of land in a protected watershed in perpetuity, subject to the
following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes) and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a stormwater feature, consistent with the minimum desian
standards as detailed within the State BMP Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State stormwater manual and shall be
completed by a licensed engineer with expertiese in stormwater management. $
Additional allowable impervious surface area shall be based on the soil
8 Language added to address OWASA concern(s)over the UDO explicitly requiring a licensed engineer,with
expertise in stormwater management,completed the design on the BMP.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districts 21
Section 4.2: Watershed Protection
composition of the property consistent with State regulations.
iw(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP in accordance with
County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the Cointy and other agencies or offficials as
appropriate. Once approved, the document shall be recorded in the Orange
County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMP.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s)for the property after the BMP has been approved by
the County.
4)(7) The property owner, at its cost and expense, shall be required to execute
and file with the County a bond, or other form of acceptable security, to
cover the cost of removal of a BMP, and any additional impervious surface
area installed as the result of its approval, in the event the BMP is failed to
be maintained in accordance with the recorded operations agreement. The
amount of the bond shall be 110% of the estimated cost of removing the
feature and impervious surface area as certified by a licensed professional
engineer or surveyor.lu
4.2.9 Water Supply/Sewage Disposal Facilities
DISPOSAL TABLE 4.2.9:WATER SUPPLY/SEWAGE
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA supply and sewage treatment systems shall be limW to individual wells and on-site
UNIV-PW septic t s systems or individual on-site alternative.A osal systems.
No new treaTrment system will be permitted whe ffluent disposal occurs on a separate lot
All Watershed Overly from the source o stewater generation. vided, however, off-site systems shall be
Districts permitted in all Waters Overlay Di cts except the University Lake Protected
Watershed (UNIV-PW)and "ti rea (UNIV-CA)when located in a Flexible Development
subdivision approved in acc a with Section 7.13 of this Ordinance.
New septic tanks their nitrification fiel all be located outside of any stream buffers,
UNIV-CA or 300 feet fr a reservoir or perennial or inter i tent stream as shown on the USGS
Quadra maps,whichever is further
ew septic tanks, pump tanks and their appurtenances shall b cated outside of any
stream buffers and at least 100 feet from a perennial or intermittent am as shown on the
CANE- USGS Quadrangle maps, and at least 150 feet from a reservoir.
U- -CA New nitrification fields shall be located outside of any stream buffers and at le 100 feet
from a perennial or intermittent stream as shown on the USGS Quadrangle maps, at
least 300 feet from a reservoir.
CANE-PW Water supply and sewage treatments stems shall be limited to individual wells and septic
9 The County Attorney's office has expressed concern over the language with this Section,specifically there is a
concern over liability issues due to the lack of defined standards associated with said review. Unfortunately we
have received numerous review comments from our planning partners(i.e. OWASA,the Towns, etc.)requesting
additional level of detail. While we understand the nature of the Attorney's concern staff is finding it difficult to
make everyone comfortable.
io Bold Blue Underlined Text recommended by the Planning Board at its June 3,2015 regular meeting.
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Attachment 4 22
STATEMENT OF CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) to allowing for the modification of established impervious surface limits with the
installation and perpetual maintenance of an infiltration based stormwater feature commonly
referred to as a Best Management Practice (BMP).
The Planning Board finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan, as amended, or part thereof including but not limited to, the
following:
Chapter 5 — Land Use Element— Section 5.6 Goals— Land Use Goal 1:
Fiscally and environmentally responsible, sustainable growth, consistent with
the provision of adequate services and facilities and a high quality of life.
Chapter 5 — Land Use Element— Section 5.6 Goals— Land Use Goal 6:
A land use planning process that is transparent, fair, open, efficient, and
responsive.
Chapter 6 — Natural and Cultural Systems Element — Section 6.4.4 Natural
Areas, Wildlife, and Prime Forests— Natural Area Objective 4:
Encourage adequate stormwater runoff controls in existing developed areas
and require these controls for new subdivisions to protect sensitive
downstream aquatic habitat.
Chapter 8 — Services and Facilities Element — Section 8.4.2 Erosin Control and
Stormwater Management— Erosion Control Objective 1:
Continue to use Best Management Practices (BMPs) for stormwater control,
as outlined within the Orange County Unified Development Ordinance,
Stormwater Ordinance, and Sedimentation Control Ordinance, to minimize
potential adverse impacts on the water quality.
c. The amendment is consistent with applicable plans because it:
1. Allows for the placement of additional impervious surface area on a parcel
of property through the installation and perpetual maintenance of an
infiltration based stormwater feature. This feature, required to be designed
by an engineer, will capture and `treat' runoff rather than direct it into
existing streams, waterbodies, or ditches thereby helping minimize the
potential adverse impacts on water quality.
2. Requires current, and future, property owners to maintain the integrity and
viability of the installed stormwater feature in an effort to guarantee water
quality in perpetuity.
1
i
23
d. The amendment is reasonable and in the public interest because it:
1. Provides an opportunity for interested residents and property owners to
install additional impervious surface area, such as gravel, asphalt, and
buildings, on a property with the installation of an infiltration based
stormwater feature consistent with practices employed by the State of North
Carolina.
2. Allows for additional use of property while working to address concerns over
water quality.
The Planning Board of Orange County hereby recommends that the Board of County
Commissioners consider adoption of the proposed UDO text amendment.
i
2
Pete Hallenbeck, Chair Date