HomeMy WebLinkAboutAgenda - 09-06-2016 - 6-m - Comprehensive Plan and Unified Development Ordinance (UDO) Amendment Outline and Schedule – Erosion Control & Stormwater 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: September 6, 2016
Action Agenda
Item No. 6-m
SUBJECT: Comprehensive Plan and Unified Development Ordinance (UDO) Amendment
Outline and Schedule — Erosion Control & Stormwater
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Comprehensive Plan and Unified Howard W. Fleming, Jr., PE,
Development Ordinance (UDO) Engineering/Stormwater Supervisor,
Amendment Outline Form (919) 245-2586
Craig Benedict, Planning Director,
(919) 245-2575
John Roberts, County Attorney,
(919) 245-2326
PURPOSE: To consider and approve process components and schedule for an upcoming
government-initiated Unified Development Ordinance (UDO) amendment for the February 2017
Quarterly Public Hearing that addresses necessary revisions to procedures and technical
provisions in the UDO pertaining to erosion & sedimentation control and stormwater regulations.
BACKGROUND: These proposed text amendments to Orange County's UDO seek to bring the
County's processes and terminology into alignment with regulatory reform initiatives currently in
process at the North Carolina Department of Environmental Quality (DEQ), as well as historical
standard operating procedures of both DEQ and the Planning & Inspections Department.
Coincident with this goal, Orange County's Engineering/Stormwater Division seeks to refine the
processes associated with the implementation phase of the Land Management Central
Permitting Software (LMCPS), define more simplified procedures, incorporate more concise
text, eliminate duplication, correct inaccuracies and correct former misplacements of
requirements.
Orange County's UDO currently regulates erosion & sedimentation control for non-farm land
disturbing activity, as well as stormwater runoff from new development, under the general
oversight of DEQ. The DEQ's Division of Energy, Mineral and Land Resources (DEMLR) staff
members provide Orange County Engineering / Stormwater Division with regulatory oversight
and technical assistance related to erosion and sedimentation control and stormwater
management. For these areas of environmental regulation, the DEMLR staff are subordinate to
the Sedimentation Control Commission (SCC) and the Environmental Management Commission
(EMC).
The Sedimentation Control Commission (SCC) was created to administer the state's
Sedimentation Control Program pursuant to the N.C. Sedimentation Pollution Control Act of
1973. The commission is charged with adopting rules, setting standards and providing
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guidance for implementation of the law. All members are appointed by the Governor. Orange
County's "delegated local erosion and sedimentation control program (hereinafter, 'local
program')" operates under a Memorandum of Agreement (MOA) with the SCC. The latest
update was approved by the BOCC on January 22, 2015 and fully executed by the Chair of the
SCC on March 11, 2015. The MOA requires the SCC to review the County's "local program
ordinance" and for Orange County to submit its ordinance for such review and updates, as
necessary, which infers that this would include proposed edits to the previously approved
ordinance.
The EMC is a 15-member Commission appointed by the Governor, the Senate Pro Tempore
and the Speaker of the House. The Commission is responsible for adopting rules for the
protection, preservation and enhancement of the state's air and water resources. The
commission oversees and adopts rules for several divisions of the DEQ, including the Division
of Air Quality, Land Resources, and Water Resources. One of the sub-divisions of DEMLR is
"Stormwater", whose staff reviewed Orange County's UDO amendments in 2012 when the
County's stormwater regulations were last amended to incorporate the Falls Lake / Jordan Lake
new development stormwater rules. A similar review will be required with this amendment of the
County's "stormwater" regulations and, if significant enough, they may be referred to the EMC at
the discretion of the DEMLR staff.
Attachment 1 contains additional information and analysis regarding the proposed amendment.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional
funding for the provision of County services. Additional revenue will be realized from the fees to
be charged for annual maintenance inspection reviews of Stormwater Control Measures
(SCM's) and quality assurance field inspections to be conducted once every 5 years. Costs for
the required legal advertisement for the text amendment will be paid from FY2016-17
Departmental funds budgeted for this purpose. Existing Planning staff included in the
Departmental staffing budget will accomplish the work required to process this amendment.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable
to this agenda item:
• GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY
The creation and preservation of infrastructure, policies, programs and funding necessary
for residents to provide shelter, food, clothing and medical care for themselves and their
dependents.
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
RECOMMENDATION(S): The Manager recommends the Board approve the attached
Amendment Outline form and direct staff to proceed accordingly.
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Attachment 1
COMPREHENSIVE PLAN / FUTURE LAND USE MAP
AND
UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO /Zoning-2016-12
Erosion Control and Stormwater
A. AMENDMENT TYPE
Map Amendments
n Future Land Use Map:
From:
To:
n Zoning Map:
From:
To:
n Other:
Text Amendments
n Comprehensive Plan Text:
Section(s):
n UDO Text:
L UDO General Text Changes
L UDO Development Standards
UDO Development Approval Processes
Section(s): 2.18: Land Disturbing Permits (Procedures)
2.19: Soil Erosion And Sedimentation Control Plans (Procedures)
2.21 Stormwater Management (Procedures)
6.14 Stormwater Management (Development Standards)
10.1: Definitions
Table 6.15.7.B.3: Undisturbed Area
Additional sections may be identified as work proceeds.
n Other:
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B. RATIONALE
1. Purpose/Mission
a) To bring the UDO into conformance with State regulations, as well as historical
standard operating procedures of both the NC Department of Environmental
Quality (DEQ) regulators and the Planning & Inspections Department.
b) Refine processes associated with the implementation phase of the Land
Management Central Permitting Software (LMCPS), defined by more simplified
procedures and described by more concise text.
c) Eliminate duplication and correct inaccuracies and former misplacements of
requirements.
2. Analysis
2.18.4 Erosion Control Plan Required (Procedures related to land disturbing
permits) —This paragraph is a near duplicate of and actually, more correct than
2.19.1, which is where this information should be located (Section 2.19 is where
detailed soil erosion and sedimentation control plan procedures reside). It is
proposed that 2.18.4 be repealed in its entirety and much of its text be incorporated
in 2.19.1 to correct erroneous information therein.
2.19.1 Generally— This paragraph will be corrected to contain the proper land
disturbance thresholds.
2.19.2 Application Requirements — This paragraph will be corrected to reflect both
electronic submittals that will be an integrated option when the new LMCPS goes live
and current submittal practices by the Orange County Erosion Control group.
2.19.3 Components of Complete Erosion Control Plan —The language in this
paragraph will be improved to clarify that an application package is more than just a
"plan".
2.21.1 Stormwater Management Plan (Procedures) — Incorporate language being
promoted by NC DEQ to be more generic by utilizing "Licensed Professional" rather
than Professional Engineer, as the State allows other Design Professionals to
prepare and certify Stormwater Management Plans, as long as they are performing
services within their area of competence.
6.14.10 Operation and Maintenance of Structural Stormwater Measures
(Development Standards)
• Similar generic License Professional text amendment, as well as broadening
and genericizing the current UDO reference to "detention pond" to "stormwater
control measure (SCM)". This SCM terminology needs amending throughout
the Section 6.14 of UDO to provide consistency within the UDO and with
trending terminology at the NC Division of Environmental Quality (DEQ).
• Amend "Watershed Protection Compliance Permit" to "Certification", to
conform to current County practice.
• Update reference to this "certification" being required prior to a building permit,
as it is impractical for certain development scenarios (i.e. campus settings).
Staff is currently working with DEQ to establish an acceptable procedure.
• Substitute the Planning Director for Board of County Commissioners wherever
practicable. Many if not all of these procedures are ministerial and do not
need to be elevated to the BOCC level.
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• Clarify that the annual maintenance "inspection" fee is actually an
"inspection/review" fee, as the owner of the stormwater control measure
(SCM) is required to inspect or have the SCM inspected each year and
Engineering/Stormwater staff needs to review that inspection report and
perhaps follow up with an inspection of any repairs. In addition the ordinance
incorporates a quality assurance physical inspection at least once every 5
years.
• Establish a two-tiered fee schedule for this annual stormwater control measure
annual inspection/review fee, as this is not currently collected.
• Clarify when this fee is to be collected.
6.14.11 Amendments to Approved Plans and Specifications
• Clarify language, requirements and simplify the amendment procedures.
Table 6.15.7.B.3: Undisturbed Area
• Make it clear that it is the pervious area that needs to remain undisturbed
during construction.
• Correct terminology referring to a "grading permit", as that nomenclature is not
utilized in the UDO.
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• Bring conformity and uniformity to the use of the title "County Engineer" in lieu
of "Staff Engineer" in multiple chapters.
• Address any other related variances or inconsistencies that may be found in
other sections during this editing process.
3. Comprehensive Plan Linkage (i.e. Principles, Goals and Objectives)
Applicable principles, as adopted by the BOCC for the Comprehensive Plan
1. Efficient and Fiscally Responsible Provision of Public Facilities and Services
2. Encouraging Sustainable Growth and Development
6. Water Resource Preservation
Chapter 5: Land Use Element - Section 5.6 GOALS
Land Use Overarching Goal: Coordination of the amount, location, pattern and
designation of future land uses, with availability of County services and facilities
sufficient to meet the needs of Orange County's population and economy
consistent with other Comprehensive Plan element goals and objectives.
Land Use Goal 2: Land uses that are appropriate to on-site environmental
conditions and features, and that protect natural resources, cultural resources,
and community character.
Land Use Goal 6: A land use planning process that is transparent, fair, open,
efficient, and responsive.
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Chapter 6: Natural and Cultural Systems Element - Section 6.3 GOALS
Natural and Cultural Systems Overarching Goal: A sustainable balance and
appreciation of natural, cultural and agricultural resources.
Natural & Cultural Systems Goal 6: Sustainable quality and quantity of ground
and surface water resources.
Chapter 8: Services and Community Facilities Element— Section 8.3 GOALS
Services and Community Facilities Overarching Goal: Growth
consistent with the provision of adequate and sustainable
County services and facilities while managing the impacts upon
the environmental infrastructure and effectively protecting the
County's natural and cultural resources.
Services and Community Facilities Goal 5: Efficient and effective drainage,
stormwater, floodplain management, and erosion control systems.
5.7: Land Use Element OBJECTIVES
Objective LU-2.3:
Require non-residential and higher-density residential developments within
Transition Areas to use Best Management Practices (BMP's) for stormwater
control, as outlined within the Orange County Zoning Ordinance and
Sedimentation Control Ordinance, to ensure that potential adverse impacts on the
water quality of existing and proposed reservoir sites are avoided. (See also
Erosion Control EC-1 and Natural Areas Objective NA-4.)
Objective LU-2.5:
Adopt and implement policies that specify appropriate land uses and intensities of
development in Protected and Critical Water Resource Areas that will not have
potential adverse impacts on water resources. (See also Water and Wastewater
Objective WW-15.)
Objective LU-2.6:
Protect prime reservoir sites from adverse development impacts and ensure that
regulations for these areas are appropriate.
Objective LU-2.8:
Develop performance standards for development on lands with non-renewable
resources to ensure a sufficient level of environmental protection for these
resources.
Objective LU-6.1:
Undertake a comprehensive effort to inform and involve the citizens of Orange
County in the land use planning process.
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Objective LU-6.2:
Maintain a cooperative joint planning process among the County municipalities
and those organizations responsible for the provision of water and sewer services
to guide the extension of service in accordance with the Comprehensive Plan, the
Orange County-Chapel Hill-Carrboro Joint Planning Agreement and Land Use
Plan, and the policies of the municipalities. (See also Water and Wastewater
Objective WW-4.)
6.4.5.3. Natural & Cultural Systems Element OBJECTIVES
Objective WR-1:
Preserve natural resources such as grasslands, woodlands and wetlands to allow
for water recharge of ground water and water quality protection. (See also Natural
Areas Objective NA-1.)
Objective WR-7:
Promote land use patterns that preserve the natural hydrologic system and
maintain a sustainable "carrying capacity" balance for the future between ground
water and surface water resources (See also Land Use Objective LU-2.9.)
Objective WR-20:
Promote Best Management Practices for new developments which minimize
stormwater runoff. (See also Land Use Objective LU-2.3 and Erosion Control
Objective EC-1.)
8.4.2.3. Services and Community Facilities Element OBJECTIVES
Objective EC-1:
Continue to use Best Management Practices (BMP's) for stormwater control, as
outlined within the Orange County Zoning Ordinance, Stormwater Ordinance, and
Sedimentation Control Ordinance, to minimize potential adverse impacts on the
water quality. (See also Land Use Objective LU-2.3, Natural Areas Objective NA-
4 and Water Resources Objective WR-20.)
Objective EC-2:
Protect and maintain the chemical, physical, and biological quality and integrity of
water supply reservoirs.
Objective EC-7:
Prevent flood damage to public and private property.
4. New Statutes and Rules
N.A.
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C. PROCESS
1. TIMEFRAME/MILESTONES/DEADLINES
a. BOCC Authorization to Proceed
September 6, 2016
b. Quarterly Public Hearing
February, 2017 (Date to be determined.)
c. BOCC Updates/Checkpoints
December 7, 2016 — Ordinance Review Committee (receive materials)
January 4, 2017 — Planning Board Recommendation (receive materials)
d. Other:
Various 2016 — Review by appropriate DEMLR staff at the North Carolina
Department of Environmental Quality (DEQ)
2. PUBLIC INVOLVEMENT PROGRAM
Mission/Scope: Public Hearing process consistent with NC State Statutes and
Orange County ordinance requirements.
a. Planning Board Review:
December 7, 2016 — Ordinance Review Committee
January 4, 2017 — Planning Board Recommendation
b. Advisory Boards:
N/A
c. Local Government Review:
• Towns of Chapel Hill and Carrboro in accordance with the Joint Planning
Agreement
• Town of Hillsborough - courtesy review
• City of Mebane - courtesy review
d. Notice Requirements
Consistent with NC State Statutes — legal ad prior to public hearing
e. Outreach:
General Public: Advertised meeting with Home Builders Association of
Durham, Orange & Chatham Counties. Date TBD.
❑ Small Area Plan Workgroup: N/A
❑ Other: N/A
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3. FISCAL IMPACT
Consideration and approval will not create the need for additional funding for the
provision of County services. Additional revenue will be realized from the fees to be
charged for annual maintenance inspection reviews and quality assurance field
inspections to be conducted once every 5 years. Costs for the required legal
advertisement will be paid from FY2016-17 Departmental funds budgeted for this
purpose. Existing Planning staff included in the Departmental staffing budget will
accomplish the work required to process this amendment.
D. AMENDMENT IMPLICATIONS
This amendment will result in clarification of the County's requirements and efficiency of
operations.
E. SPECIFIC AMENDMENT LANGUAGE
Will be available at a later date, if staff is authorized to proceed with the amendment.
Primary Staff Contact:
Howard W. Fleming, Jr., PE
Planning & Inspections Department
Engineering/Stormwater Division
919-245-2586
hfleming @orangecountync.gov
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