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HomeMy WebLinkAboutAgenda - 09-06-94 - application APPLICATION OF STREAM BUFFER PROVISIONS ON EXISTING LOTS OF RECORD DESCRIPTION OF PROBLEM Article 6.23.7b of the Zoning Ordinance requires that new structures and septic systems be located outside of stream buffers. Outside of watershed critical areas, the width of the buffer ranges from 50 feet to 150 feet, depending on slope, and is measured from the edge of the floodplain. Within watershed critical areas, there is no upper limit on the width of the buffer. Article 6.23.7e of the Zoning Ordinance requires that new structures be located at least 150'from a reservoir, or outside of the stream buffer, whichever is greater. Article 6.23.8 of the Zoning Ordinance requires that septic systems be located at least 300' from a reservoir, 100'from a stream, or outside of the stream buffer, whichever is greater. The current watershed regulations, which implemented the State mandate, became effective on January 1, 1994. At that time,the Orange County portions of the Lower Eno, South Hyco Creek, Haw River and Jordan Lake Watersheds were designated as protected watersheds for the first time. Also, the portions of the Back Creek, Upper Eno, Flat River, South Hyco Creek and Little River Watersheds in Cedar Grove and Little River Townships, which were previously designated as protected watersheds only in the Comprehensive Plan, were made subject to requirements of the watershed protection overlay districts through the zoning of those townships. As a result, existing lots on which a stream is located, in most of'Little River, Cedar Grove and Eno Townships and a small portion of Chapel Hill and Bingham Townships, have recently (as of 1/1/94) been made subject to stream buffer requirements. In some cases, the application of these setbacks may render an existing lot unbuildable without a variance, since the width of the buffer was not taken into account when the lot was created. For example, the Bellechene East Subdivision, located adjacent to Lake Orange, was approved prior to the zoning of Cedar Grove Township and the application of watershed protection standards. Eighteen of the 30 lots are located entirely or almost entirely within 300 feet of Lake Orange, and would be unbuildable if the 300' septic system setback were applied. Most of the lots surrounding Lake Orange are now non-conforming and may be unbuildable without a variance if the 300' septic setback and 150' building setback are applied. ,The same problem can arise with regard to stream buffers in cases where the lot was.created prior to the current stream buffer requirements. The extent of potential problems adjacent to streams is difficult to identify because the lots which could potentially be impacted cover a large geographic area. The remedy available at this time is for the property owner to seek a variance of the setback requirements to the extent necessary to develop the property. An amendment to the Zoning Ordinance was presented for public hearing on February 28, 1994 and would have allowed a reduction in the septic and building setbacks on lots adjacent to reservoirs which were created prior to January 1, 1994 to the extent necessary to build on the property, provided that septic systems and structures remained outside of stream buffers, and the septic system remained at least 100 feet from the reservoir (as required by the State mandate). The amendment was proposed in an effort to address the concerns expressed by many of the property owners surrounding Lake Orange. The amendment was not approved due, at least in part, to opposition from OWASA. OWASA was concerned that the proposed amendment would be perceived as a relaxation of Orange County's commitment to watershed protection in the Cane Creek watershed. The Board of Commissioners directed staff to develop a process by which variances could be considered in a more expedient and inexpensive manner, and suggested that a window of time be established within which multiple variances could be considered with elimination or reduction of fees. The Planning Staff has talked with a number of property owners around Lake Orange and explained that option. Only one variance request has been received, since it is generally not until the owner is ready to build that the septic system is designed and laid out. The Planning Staff has also been contacted by several potential buyers expressing concern with purchasing property with restrictions which could prohibit development of the property, and uncertainly as to whether or not a variance would be approved. II. INFORMATION REGARDING SEPTIC SYSTEM DESIGN AND LOCATION A. SQUARE FOOTAGE REQUIRED FOR SEPTIC SYSTEMS According to Environmental Health, about 130 linear feet of drainfield line is needed per bedroom. Trenches must have a separation of at least 10 feet. Under normal circumstances, this translates to about 2,000 square feet of area per bedroom for the septic system, and an additional 2,000 square feet of repair area. Environmental Health has estimated that an additional 20% of area is generally sufficient to accommodate site constraints. Normal circumstances would include suitable soils, gentle topography, and limited presence of trees or other physical constraints. The Rules of Sewage Disposal for Orange County require that septic systems be designed for at least three bedrooms. Under this provision, a two-bedroom house would still be required to have a septic system sized for a three bedroom house. Using the rule of thumb of 2,000 square feet per bedroom for the septic system, 2,000 square feet for repair area,and an additional 20% to accommodate site constraints, septic systems require the following land area: Number of Capacity Minimum Area Required for Septic System Bedrooms Required and Repair Area (gallons per day) Without Site With Site Constraints Constraints square feet acres square acres feet 2 360 12,000 .26 14,400 .33 3 360 12,000 .26 14,400 .33 4 480 16,000 .37 19,200 .44 5 600 20,000 .46 24,000 .55 Lots approved by Environmental Health during the subdivision approval process generally have adequate soil to accommodate a four-bedroom house. B. EXCEPTIONS TO REPAIR AREA REQUIREMENTS In order for an improvements permit to be issued by Environmental Health, repair area adequate to install a replacement system in the event of failure of the initial system is generally required. If sufficient repair area is not available within the boundaries of the lot, then an easement may be needed to reserve a repair area on adjacent property. Section.1945 of"Laws and Rules for Sanitary Sewage Collection,Treatment,and Disposal 15 NCAC As Amended by the Orange County Board of Health (also referred to as "Rules of Sewage Disposal for Orange County") states the following: "(c) The repair area requirement shall not apply to a lot or tract of land: (1) which'is specifically described in a document on file with the local health department on July 1, 1982, or which is specifically described in a recorded deed or recorded plat on January 1, 1983; and (2) which is of insufficient size to satisfy the repair requirement ... as determined by the local health department; and (3) on which a ground absorption sewage treatment and disposal system with a design daily flow of (A) no more than 480 gallons is to be installed; or (B) more than 480 gallons is to be installed if application for an improvements permit is received by the local health department on or before April 1, 1983. (d) Although a lot or tract of land is exempted under paragraph (c)from the repair area requirement , the maximum feasible area, as determined by the local health department, shall be allocated for repair area." C. STREAM CLASSIFICATION Planning The Orange County Zoning Ordinance requires that septic systems be located at least 300 feet from a reservoir, and at least 100 feet from a perennial or intermittent stream within a protected watershed. Perennial and intermittent streams are identified by a solid or dotted blue line on the USGS quadrangle maps. Environmental Health The Rules of Sewage Disposal for Orange County require a 100-foot setback for septic systems adjacent to classified reservoirs and adjacent to streams classified as WS-I, and a 50-foot setback adjacent to streams in which flow for at least 50% of the year. Whether or not a particular stream flows at least 50% of the year is determined on a case by case basis in the field. D. SETBACKS AND SEPARATIONS Septic systems must be located at least 15 feet from a structure. Wells are required to be at least 100 feet from any part of a septic system and 40 feet from property lines. All components of a conventional septic system must be located at least 10 feet from property lines. All components of a low-pressure pipe system must be located at least 12 1/2 feet from property lines. Trenches for line in the drainfield must be at least ten feet apart for a conventional system and five feet apart for a low-pressure pipe system. E. PUMPS In some cases, septic setbacks can be met only if a pump system is installed. Use of a pump provides more flexibility in the location of the drainfield relative to the septic tank, and could allow the drainfield to be located farther from the stream or reservoir. However, a pump system is more complex, and could cause problems with a back up of septage in the septic tank in the event that the pump failed. These two factors should be balanced. For example, a minor encroachment into the buffer may be preferable to installing a pump system, whereas a pump system may be preferable to a substantial encroachment into the buffer. III. PROPOSED REVIEW AND APPROVAL PROCEDURE It is recommended that the Board of Commissioners reconsider possible alternatives to variance requests for stream and reservoir buffers on lots which existed before January 1, 1994. One option would be to allow the Planning Staff, in consultation with Environmental Health, and the County Engineer, to issue a zoning compliance permit when specified findings could be documented. In all other cases,a variance request would be presented to the Board of Adjustment according to current procedures. Below is a proposed list of findings to be met in order for Staff to issue a zoning compliance permit where the stream or reservoir buffer is less than required by Article 6.23.7 or 6.23.8. FINDINGS REQUIRED FOR STAFF REDUCTION OF SEPTIC SYSTEM SETBACK REQUIREMENTS 1. The lot was created prior to January 1, 1994; and 2. The septic system is sized to serve no more than four bedrooms; and 3. The septic tank, drainfield and repair area (where required) can be accommodated on 20,000 square feet of area or less; and 4. Environmental Health has determined that there is not a sufficient amount of suitable soil beyond the required setback or buffer to accommodate a septic system and any required repair area for the proposed residence while maintaining the separation required by Environmental Health between wells, septic systems, structures and property lines; OR Environmental Health has determined that although there is a sufficient amount of suitable soil beyond the required setback or buffer to design a septic system and required repair area while maintaining the separation required by Environmental Health between wells, septic systems, structures and property lines,utilization of those soils would trigger the use of a septic pump. In addition, the amount of encroachment into the buffer is less than 10% of the required buffer or setback width, and placement of a gravity system which encroached into the buffer would have a lesser potential impact on water quality than would the installation and use of the septic pump; and 5. The location of the proposed septic system,well and structures meets all requirements of Environmental Health, including distances for setbacks and other separations. 6. Where possible,the exception is to be granted for repair area, and the initial septic system is to be installed outside of the required buffer or setback. 7. The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the above criteria. FINDINGS REQUIRED FOR STAFF REDUCTION OF BUILDING SETBACK REQUIREMENTS 1. The lot was created prior to January 1, 1994. 2. The location of the septic system and repair area (where required) has been established in accordance with requirements of Environmental Health and the Orange County Zoning Ordinance; and 3. The residence contains no more than four bedrooms, as defined by Environmental Health; and 4. Due to the location of suitable soils, slope, floodplain, or other features or constraints, Environmental Health and the Planning Staff have determined that there is not a location outside of the stream or reservoir buffer which on which a residence can be constructed. OR Environmental Health and the Planning Staff have determined that although the residence could be constructed outside of the buffer, such location would require the use of a pump. In addition, the amount of encroachment into the buffer is less than 10% of the total buffer width, and encroachment of the structure into the buffer would have a lesser potential impact on water quality than would the installation and use of the pump system; and 5. The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the above criteria. It is also recommended that wells be permitted in stream buffers in cases where the additional flexibility in well location could eliminate the need for an exception to or variance of setback requirements for structures or septic systems. Another issue which should be addressed is the possibility of providing greater flexibility in setback requirements in cases where use of a pump could be avoided. Implementation of a review and approval process which incorporates the above findings and other recommendations would require an amendment to the Zoning Ordinance through the public hearing process.