HomeMy WebLinkAboutAgenda - 10-23-2007-4nORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 23, 2007
Action Agenda
Item No. ~°- ~
SUBJECT: Amendments to the Orange County Stormwater Ordinance for Lands within the
Neuse River Basin
DEPARTMENT: Planning and Inspections. PUBLIC HEARING: (Y/N) No
Erosion Control Division
ATTACHMENT(S):
1. Resolution of Approval
2. Required Amendments to Orange
County Stormwater Ordinance
3. Excerpt from Approved July 11, 2007
Planning Board Minutes
INFORMATION CONTACT:
Craig Benedict 245-2592
Ren Ivins 245-2586
Terry Hackett ~~ 245-2588
PURPOSE: To consider approval of required amendments to the Orange County Stormwater
Ordinance for Lands within the Neuse River Basin to reflect changes in the Nitrogen Reduction
Offset payment calculation presented at the May 21, 2007 Quarterly Public Hearing.
BACKGROUND: To protect water quality at the local level and provide a higher level of service
to citizens and clients, Orange County adopted the State's model stormwater ordinance in
March 2001. The title of the ordinance as adopted is, "Stormwater Ordinance for Lands within
the Neuse River Basin." The Neuse basin covers most of northern Orange County including the
Town of Hillsborough. The Neuse Basin does not include the Chapel Hill/Carrboro area which
lies in the Cape Fear River Basin.
Control of nitrogen runoff, or export, from development projects is a key feature of the program.
As an option, developers can pay an in-lieu fee to the North Carolina Ecosystem Enhancement
Program (NCEEP) to offset nitrogen runoff. In March 2006, the NC Department of Environment
and Natural Resources Division of Water Quality (NCDWQ) changed the Nitrogen Offset
Payment Fee calculation method for in-lieu payments to the NCEEP to, reflect increased costs.
The County subsequently amended the Stormwater Ordinance for Lands within the Neuse River
Basin to reflect this change.
The previous new calculation method resulted in a significant increase in fees paid by
developers to NCEEP. In response, the development community lobbied the NC General
Assembly to review the fee increase. Subsequently, the General Assembly passed a session
law in August 2006 that rescinded the increased fee. The law required NCDWQ to revert to the
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previous fee calculation .method. That law also instructed NCDWQ to study fee and mitigation
costs in order to propose a new fee schedule in 2007.
As a result, the amendments made to the County's Stormwater Ordinance are no longer valid.
Since the in-lieu payment schedule, which is set by NCDWQ and not the County, is subject to
change in 2007 and potentially periodically after that, amendment to the Stormwater Ordinance
is being proposed that incorporates the fee schedule by reference rather than as part of the
ordinance itself. This will save effort in the long term by not having to change the County's
Stormwater Ordinance each time the State changes the in-lieu payment method.
The amendments referenced above are contained in Attachment 1 with deletions shown in iii
's#~i~e#h~reu~ and additions in bold underline. Orange County's Stormwater Ordinance~is
taken directly from the State's model ordinance and the amendments likewise originate at the
State level.
This item was presented at the May 21, 2007 Quarterly Public Hearing. No comments were
received from the public.
The Planning Board considered this item on July 11, 2007 and voted unanimously to
recommend approval.
FINANCIAL IMPACT: The overall stormwater program was delegated to Orange County by the
State. The program in Orange County's portion of the Neuse River Basin is partially funded by
developer fees. Existing Erosion control staff is currently implementing and administering the
program.
RECOMMENDATION(S): The Administration recommends approval of the proposed
amendments to the Orange County Stormwater Ordinance for Lands within the Neuse River
Basin.
A RESOLUTION APPROVING AMENDMENTS TO THE ORANGE COUNTY
STORMWATER ORDINANCE FOR LANDS WITHIN THE NEUSE RIVER BASIN
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WHEREAS, Orange County is committed to the protection or water quality and
adopted the State's "Stormwater Ordinance for Lands within the Neuse River Basin"
in March 2001; and
WHEREAS, the Neuse basin covers most of northern Orange County including the
Town of Hillsborough; and
WHEREAS, control of nitrogen runoff, or export, from development projects is a key
feature of the program and developers can pay an in-lieu fee to the North Carolina
Ecosystem Enhancement Program (NCEEP) to offset nitrogen runoff; and
WHEREAS, in March 2006, The NC Department of Environment and Natural
Resources Division of Water Quality (NCDWQ) changed the Nitrogen Offset
Payment Fee calculation method for in-lieu payments to the NCEEP to reflect
increased costs; and
WHEREAS, the in-lieu payment schedule, which is set by NCDWQ, not the County,
is subject to change in 2007 and potentially periodically after that; and
WHEREAS, amending the Orange County Stormwater Ordinance to incorporate the
fee schedule by reference rather than as part of the ordinance will save effort in the
longterm by not having to change the County's Stormwater Ordinance whenever the
State changes the in-lieu payment method;
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners approves the Amendments to the Orange County Stormwater
Ordinance for Lands within the Neuse River Basin.
Upon motion of Commissioner ,seconded by Commissioner ,
the foregoing resolution was adopted this the day of , 2007.
I, Donna S. Baker, Clerk to the Board of Commissioners for the County of
Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of
so much of the proceedings of said .Board at a meeting held on ,
2007 as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in Minute Book No. of the minutes of said Board.
WITNESS my hand and the seal of said County, this day of
2007.
Clerk to the Board of Commissioners
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Amendments to the Orange County
Stormwater Ordinance for Lands within the Neuse Basin
Apri12007
NOTE: The underlined text will be added to the Ordinance and the struck-through text
will be deleted. The attached Stormwater Ordinance amendments conform to
requirements by the North Carolina Department of Environment and Natural Resources
for counties within the Neuse and Tar-Pamlico River Basins.
Appendix 2
Table 2a: Nitrogen Export Reduction Options
Residential Commercial /Industrial
If the computed export is less than 6.0 If the computed export is less than 10.0
lbs/ac/yr, then the owner may either: lbs/ac/yr, then the owner may either:
1. Install BMPs to remove enough nitrogen 1. Install BMPs to remove enough nitrogen to
to bring the development down to 3.6 bring the development down to 3.6
lbs/ac/yr. lbs/ac/yr.
2. Pay aone-time offset payment to bring 2. Pay aone-time offset payment to bring the
the nitrogen down to 3.61bs/ac/yr. nitrogen down to 3:6 lbs/ac/yr.
3. Do a combination of BMPs and offset 3. Do a combination of BMPs and offset
payment to achieve a 3.61bs/ac/yr export. payment to achieve a 3.61bs/ac/yr export.
If the computed export is greater than 6.0 If the computed export is greater than 10.0
lbs/ac/yr, then the owner must use on-site lbs/ac/yr, then the owner must use on-site
BMPs to bring the development's export BMPs to bring the development's export down
down to 6.0 lbs/ac/yr. Then, the owner may to 10.0 lbs/ac/yr. Then, the owner may use one
use one of the three options above to achieve of the three options above to achieve the
the reduction between 6.0 and 3.61bs/ac/yr. reduction between 10.0 and
3.61bs/ac/yr.
The table above.discusses the option of using offset fees to meet the nitrogen export
levels set for new development activities. These offset fees go to the North Carolina
Ecosystem Enhancement Program (NCEEP). The NCEEP will utilize these fees in
accordance with the Basinwide Wetlands and Riparian Restoration plans. It is the policy
of the NCEEP to utilize the funds where they are generated to the maximum extent
possible as long as they can obtain the cooperation of the local government.
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Neuse Nitrogen Export Options
April, 2007
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Offset payment fees and calculation methods are determined by the North Carolina
Department of Environment and Natural Resources, Division of Water Quality
(NCDWQ) as approved by the North Carolina Environmental Management
Commission. The total amount of offset payment will be calculated pursuant to the
current fee schedule and calculation methods listed in section 15A NCAC 02B.0240
"Neuse River Basin -Nutrient Sensitive Waters Management Strategy: Nutrient
Offset Payments" of the North Carolina Administrative Code (NCDWQ's "Red
Boolc"). Please contact NCDWQ or the Orange County Erosion Control Division
staff for assistance in determining offset payments.
Neuse Nitrogen Export Options
April, 2007
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Approved 8/1/07
MINUTES
ORANGE COUNTY PLANNING BOARD
JULY 11, 2007
REGULAR MEETING
MEMBERS PRESENT: Jay Bryan, Chapel Hill Representative (Chair); Brian Crawford, Eno Township At-Large;
Craufurd Goodwin, Hillsborough Representative; Joel Knight, Little River Representative; Sam. Lasris, Cedar Grove
Township At Large, Bernadette Pelissier, Bingham Township; Renee Price, Hillsborough Township At Large (Vice-
Chair), Sandra Johnson Quinn, Eno Township; Jeffrey Schmitt, Cedar Grove Township at Large;
MEMBERS ABSENT: Michelle Kempinski, Cedar Grove Township at Large; Brian Dobyns, Cheeks Township
Representative (Resigned); Judith Wegner, Bingham Township At-Large,
STAFF PRESENT: Craig Benedict, Planning Director; Robert Davis, Current Planning Supervisor; Tom Altieri,
Comprehensive Planning Supervisor; Glenn Bowles, Planner II; Donna Davenport, Administrative Assistant II,
Perdita Holtz, Michael Harvey, Gene Bell, Jennifer Leaf
OTHERS: Steve Yuhasz
Agenda Item 1: CALL TO ORDER AND ROLL CALL .
Agenda Item 2: INFORMATIONAL ITEMS
a. Next Regular Planning Board Meeting scheduled for Wednesday, August 7, 2007
b. Planning Calendars for July and August
c. Comprehensive Plan Updafe -July 31 Open House and August 7 Public Information
Meeting
Agenda Item 3: Approval of Minutes
June 6, 2007
Bernadette Pelissier: On page 3, line 54 should read, "I have highlighted".
Renee Price: On page 6, line 186 should read, "I have a problem" instead of program.
Sam Lasris: On page 8, line 291 through 329 didn't make sense.
Jay Bryan: It may help if some parts were in quotes. On page 8, line 292 should read "high quality of life". On page
8, line 310 should read "accessible". On page 8, line 316 should read "public accessible".
Craufurd Goodwin: I would like to suggest that everyone bring their written changes in with them to save time.
Jay Bryan: We need to check with Geoff Gledhill to make sure there will not be a problem. Approval of the minutes.
MOTION made by Jeffrey Schmitt.
Seconded by Renee Price.
VOTE: Unanimous
Agenda Item 4: CONSIDERATION OF ADDITIONS TO THE AGENDA
Agenda Item 5: PUBLIC CHARGE
Approved 8/1/07
Jay Bryan: I am okay with it being used for this plan but not being adopted as a broad County wide approach. This
is implied to be a County wide approach and I don't agree with that.
Michael Harvey: The task force is making a recommendation, whether it is accepted or not, to use REDA in this plan.
By adopting this plan, it does not establish the REDA. It still has to go through the normal zoning and land use text
process amendments to bring it to fruition.
Brian Crawford: I think we'want to recommend the SAP but we have reservations about REDA being adopted
County wide. I think it is fair to state that in the motion.
MOTION made by Renee Price to approve the plan with the understanding that the residents have agreed to the plan
and REDA will not be adopted County wide. Brian Crawford seconded.
VOTE: (2 opposed (Jeffrey Schmitt, Joel Knight)
C. REVISIONS TO THE SOIL EROSION AND SEDIMENT CONTROL ORDINANCE
Presenter: Ren Ivies
Ren Ivies: Reviewed the abstract.
Jay Bryan: You are summarizing the changes are made and giving it to us. These don't fall under our standards.
Brian Crawford: Is there any instance when the State ordinances are looser?
Ren Ivies: Absolutely. They do not regulate any land disturbance under one acre, we regulate them down to zero:
MOTION made by Craufurd Goodwin to accept recommendations made by staff. Sarn Lasris seconded.
VOTE: (Unanimous)
d. AMENDMENTS TO THE ORANGE COUNTY STORMWATER ORDNANCE FOR LANDS WITHIN
THE NEUSE RNER BASIN
Presenter: Ren Ivms
MOTION made by Jeffrey Schmitt: to accept recommendations made by staff on page 139. Sam Lasris seconded.
VOTE: (Unanimous)
ay B an, Chai
Tina L. Owen, Minutes Preparer
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