HomeMy WebLinkAboutAgenda - 05-21-2007-c5ORANGE COUNTY
BOARD OF COMMISSIONERS
ORANGE COUNTY PLANNING BOARD
PUBLIC HEARING AGENDA ITEM ABSTRACT
Meeting Date: :May 21, 2007
Action Agenda
Item No. C.5
SUBJECT: Amendments to the Orange County Stormwater Ordinance for Lands within the
Neuse River Basin
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) Yes
Erosion Control Division
ATTACHMENT(S):
1. Required Amendments to Orange
County Stormwater Ordinance
INFORMATION CONTACT:
Craig Benedict 245-2592
Ren Ivins 245-2586
Terry Hackett 245-2588
PURPOSE: To receive public comment on 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.
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 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 (NCDQWQ) 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 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that rescinded the increased fee.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 previous fee
_ 1:
:: ' ~G1ii~:~C~1•.(1;:1:` f'~dttfip Pl (~It C!l~it ."i:;,F'. ~,Efl`~i: ~?f:: !'11j;"'~.~i'15!`.Il ;; ~`If ~`:7is~.....il~'tfvr:i:Pi~C°f.~iil._~i11'~I IlIC~.:.as"..~ri1E: `i its. til At L..,.. ~ 0. ... i:'l: r~: E .. .t.
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 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 a 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
~r-i-{c-e~t~eu~b 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.
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 referral to the Planning Board for a
recommendation to be returned to the BOCC no sooner than June 26, 2007.
,: ,:~E`1! ~CIf:L. ., !`.tti!T!i: i ,.. :. :.. .. 'f!I7}ic:ll!".!i+.1:5 ILiJj .'I !?('i ll`i~~tii'f:;',;;'t I=tuS:'.'s'!'i:;,1..=a~i'.r'i:'l~i; ~:-~E.:iiif,:. f~t:;C77S: tir it~'li1~i;<~; S,1?!![:. ;I!;.
3
Amendments to the Orange County
Stormwater Ordinance for .Lands within the Neuse Basin
April 2007
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 BMI's 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 3.6 lbs/ac/yr. nitrogen down to 3.61bs/ac/yr:
3. Do a combination of BMPs and offset 3. Do a combination of BMPs and offset
payment to achieve a 3.6 lbs/ac/yr export. payment to achieve a 3.6 lbs/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 10.01bs/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.
Neuse Nitrogen Export Options
April, 2007
Offset payment fees and calculation methods are determined by the North Carolina
Department of Environment and Natural Resources, Davision 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
"Neese River Basin -Nutrient Sensitive Waters Management Strate~v: Nutrient
tact NCDWO or the
staff for assistance in determining offset payments.
Neese Nitrogen Export Options
Apri1,2007