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HomeMy WebLinkAboutORD-2015-016 Ordinance Amending the Orange County UDO to incorporate a State recognized process allowing for the placement of additional impervious surface as set out 50,- Ordinance 4:0RD-2015-016 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 upo its ad9ption. d Upon motion f Commissioner seconded by Commissioner t e foregoing ordinance was adopted this day of 12015. 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 at said proceedings are recorded in the minutes of the said Board. WITNESS my hand and the seal of said County, this day of 2015. ry Coo f� 52 17 Clerk to Wdof sioners 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 St fike4weug Text.: 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 c_ ountync.go_v_/i)lanning/Ordinances.asp Article 4: Overlay Zoning Districts 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 ' (a) through (d). \4. 3 Land Use Restrictions All uses and activities allowed in the underlying zoning district are permitted with t following exceptions: TABLE 4.2.3 LAND USE RESTRICTIONS DISTRICT RESTRICTIONS UNIV-CA No new landfills are permitted. UNIV-PW No commercial or industrial uses are permitted excep/ithi mercial development, in CANE-CA accordance with the provisions of the Ordinance, locn established Nodes as U-ENO-CA detailed within the Orange County Comprehensive Pl o new olf courses a re permitted UNIV-CA CANE-CA No sidual(sludge/biosolids)application is perm ed. U-E N 0-CA CANE-PW U-ENO-PW HYCO-PW LITTLE-PW No dischargin landfills are permitted. I ustrial use is limited to nonhazardous light BACK-PW industrial uses c aracterized by low w ter use(less than 10,000 gpd, excluding domestic FLAT-PW water(25 gpd per mployee)and w er used for heating and air conditioning). HAW-PW L-ENO-PW JORDAN-PW 4.2.4 Residential Density Maximum residential density shaZbas indic ed in the Table in this subsection, or as required by the underlying zoning district, ever is le s. DE DISTRICT MAXIMUM DENSITY 1 du/fiVreord E.S. Lots o existing on October 2, 1989 may cc ain up to, but no more than, five lots UNIV-CA with a y of one du/two acres. Contiguous lots record existing on October 2, 1989 UNIV-PW may bined into one parcel for development. Th number of two-acre lots and the to number of lots in the combined parcel cannot excee the sum of the number of lots w ich could be created from each lot of record. du/five acres Lots of record existing on October 19, 1999 may contain up to, ut no more than,five lots as CANE-CA small as two acres in size. Contiguous lots of record existing on ctober 19, 1999 may be CANE-PW combined into one parcel for development.The number of two-acr lots and the total number of lots in the combined parcel cannot exceed the sum of the umber of lots which could be created from each lot of record. U-ENO A 1 du/2 acres LITT -PW YLAT-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 unit 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 Section 4.2: Watershed Protection 4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses IMPERVIOUS . POND REQUIREMENTS DISTRICT IMPERVIOUS SURFACE/DETENTION 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]_-0 Bnnp Gann woe used to , ., , satisfy watershed UNIV-CA . eus surf@Ge Feg1 ,"„P_, .. ' 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],[21 CANE-CA * onnoS . t be used to satisfy + h d ,.+r M + 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). [11, r21 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). [11, [21 LITTLE-PW * RAAP;Gannet be used to satisfy watershed impewieus ,•r 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. S 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 Section 4.2: Watershed Protection IMPERVIOUS ■ • •• ■ REQUIREMENTS DISTRICT IMPERVIOUS ■ . POND REQUIREMENTS FLAT-PW 12% impervious surface limit for new and existing lots. [11, [21 „J' *BMPS Ga he w et ed-te satisfy ate shed ,Ffa Fecluireme t 12%impervious surface limit for existing and new lots outside of Transition Areas as designated in the Orange County Land Use Plan. 111, [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. en+c 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.L11_0 JORDAN-PW L [1] allewed Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.4 f21 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 ' u h Economic Develo s rict is located within the Lower Eno -Unprotected water ' n 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 LIDO 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 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 • I SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET Cells in black DQ NOT apply to the Upper Eno • 0 3.1 9.8 13,234 . o e o.s 3.0 .0 13,068 • 0 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 • 0 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, 5 1.6 12.8 8,921 4.5 7.0 721 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 7.8 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: • • . REQUIREMENTS SURFACE/DETENTION DISTRICT IMPERVIOUS POND REQUIREMENTS ISIPI CA Same as Residential(See Table OR ubse6tio. 4 7 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 Section 4.2: Watershed Protection I IMPERVIOUS TABLE 4.2.6: • POND REQUIREMENTS DISTRICT IMPERVIOUS SURFACEIDETENTION 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.Ill, [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 4AR%nded ''^ 'O° ; 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). [11,f22[ADS.,aRnet.+'.".used to satisfy watershed impewieus rfa requiremeRts. 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). [lb-2113MPs Gannet ZJG u sed to Satisfy water-shed ;,ry Ff + 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(*°""oS,..,.AGt be USPW+,. tisfy teFshed surfaGe requiFemeRts);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). [1ILLl . 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).r11•r21 Orange County, North Carolina®Unified Development Ordinance Page 4-9 Article 4: Overlay Zoning Districts Section 4,2:Watershed Protection IMPERVIOUS TABLE 4.2.6: . • . REQUIREMENTS DISTRICT IMPERVIOUS . POND REQUIREMENTS HAW-PW 24%impervious surface limit. JORDAN- I1l PW (11 Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO. f21 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 proiect 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 Zent -Unprotected watershed. Within the Hillsborough Economic Deve 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 the absorptive capacity of the soils on which they are to situated and to avoid e following environmentally sensitive areas: (1) Stream buffer zones as ed by Section 6.13; (2) Wetlands as defined the .Army Corps of Engineers; (3) Land with slope reater than 15%; d (4) Natural ar s as identified in the Inventory Natural Areas and Wildlife Habitats of Or e County, NC. (D) To avoi reating lots that will be difficult to build upon in com 'ance with the standards of t i 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 un 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 Section 4.2: Watershed Protection (C) 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 design 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 subiect 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. s Additional allowable impervious surface area shall be based on the soil s 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 Section 4.2:Watershed Protection i' composition of the property consistent with State regulations. i-.(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 officials 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. (34Lj7jL 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. 4.2.9 Water Supply/Sewage Disposal Facilities 9; TERSU AQE�9jSP0SAL FACILITIES DISPOSAL DISTRICT WATER SUPPLYISEWAGE UNIV-CA supply and sewage treatment systems shall be limi to individual wells and on-site UNIV-PW septic t s systems or individual on-site alternative i,posal systems. No new treaTmerit system will be permitted whe effluent 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 tic 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 hall 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 Quads maps,whichever is further ew septic tanks, pump tanks and their appurtenances shall b Gated 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 treatment systems shall be limited to individual wells and septic 0 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. 10 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