HomeMy WebLinkAboutAgenda - 08-04-1993 - VIII-D 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 4. 1993
Action Agenda
Item / VDT- 0
SUBJECT: ADVERTISEMENT - AUGUST 23, 1993 PUBLIC HEARING
DEPARTMENT: PLANNING PUBLIC HEARING Yes x No
ATTACHMENT(S): INFORMATION CONTACT:
Proposed Legal Notice Mary Willis
Proposed Public Hearing Items Extension 2583
Draft 6/19/93 Planning Board Minutes
Map of Watersheds TELEPHONE NUMBERS:
List of Non-residential Uses in Little River/Cedar Grove Hillsborough-732-8181
Durham -688-7331
Mebane -227-2031
Chapel Hill -967-9251
PURPOSE: To consider the legal notice for the quarterly public hearing scheduled for August
23, 1993.
BACKGROUND: The next regular quarterly public hearing is scheduled for August 23, 1993. The
Board of Commissioners reviews proposals to be considered at public hearing for
consistency with general County policy and presentation format. Items to be
considered at the May 26, 1992 public hearing include the following:
1. Comprehensive Plan Amendments
(a) CP-3-93 Bobby Kirk Sr. and Jr.
(b) CP-4-93 Watershed Protection
2. Zoning Atlas Amendments
(a) Z-5-93 Little River Township
(b) Z-6-93 Cedar Grove Township
(c) Z-7-93 Watershed Overlay Districts
3. Zoning Ordinance Text Amendments
(a) Article 4.2.27 Watershed Protection Overlay Districts - Intent
and Application Criteria
(b) Article 6.23 Extra Requirements for Watershed Protection Overlay
Districts
(c) Article 22 Definitions
(d) Appendix Detention Pond Design Standards
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4. Subdivision Regulations Text Amendments
(a) Section IV-B-9 Watershed Protection Standards (delete)
(b) Section V-C Specifications for Plat Drawings (Preliminary Plan)
(c) Section V-D Specifications for Plat Drawings (Final Plat)
Approval of the notice will permit advertisement on August 11 and August 18,
1993 as required by the N.C. General Statutes. The proposed Comprehensive Plan
and Zoning Atlas amendments will require notification of individual property
owners. The notice must be mailed on or before August 6, 1993.
All items proposed for public hearing (with exception of CP-3-93 Bobby Kirk Sr.
and Jr.) relate to the application of State-mandated watershed protection standards
and the related zoning of Cedar Grove and Little River Townships.
The Planning Board considered the proposed ordinance text amendments at its July
19, 1993 meeting and recommended that they be presented at the August 23, 1993
public hearing for citizen comment.
RECOMMENDATION: The Administration recommends approval of the Notice of Public Hearing for
August 23, 1993.
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NOTICE OF PUBLIC HEARING ON PROPOSED REVISIONS TO THE
COMPREHENSIVE PLAN, ZONING ATLAS, ZONING ORDINANCE AND
SUBDIVISION REGULATIONS FOR ORANGE COUNTY, N.C.
Pursuant to the requirements of the General Statutes of North Carolina, Chapter 153A, Section
240, 323 and 343, and Article 20, Section 20.5 and 20.6, and Articles 2.2.12 and 2.2.13 of the
Orange County Zoning Ordinance and Section VIII of the Orange County Subdivision
Regulations, notice is hereby given that a public hearing will be held in the Superior Courtroom
of the Orange County Courthouse (New), 106 East Margaret Lane, Hillsborough, North
Carolina, on Monday, August 23, 1993 at 7:30 p.m. for the purpose of giving all interested
citizens an opportunity to speak for or against the following items:
ORANGE COUNTY COMPREHENSIVE PLAN
The proposed amendments to the Land Use Element of the Orange County Comprehensive Plan
are as follows:
1. CP-3-93 Bobby Kirk Sr., and Jr.
The property in question is located at the intersection of Orange Grove Road and
Bradshaw Quarry Road in central Bingham Township. The area proposed for
amendment consists of a 1/4-mile radius around the intersection, specifically describe')
as all or part of lots 3, 4, 5, 8G, 8J, 8M, 8N, 9, 9A, 9F, 9G, 9H, 12, 12C, 19F, and
22 of Tax Map 11 in Bingham Township. The area is located within the Cane Creek
watershed and is currently used for agricultural and residential purposes. The area is
currently zoned AR(PW-R).
The property is being considered for re-designation in the Bingham Township component
of the Land Use Element of the Comprehensive Plan from Agricultural-Residential
(Protected Watershed) to Rural Neighborhood Activity Node (Protected Watershed).
Areas designated as Rural Neighborhood Activity Nodes are located in rural areas at
intersections of collector or arterial roads and are suitable for small scale commercial and
service uses.
2. CP-4-93 Watershed Protection
Various sections of the Land Use Element of the Comprehensive Plan are proposed for
amendment to:
designate South Hyco Creek, Lower Eno, Jordan Lake and Haw River
Watersheds as Watersupply Watersheds;
- update definitions of watershed-related terms; and
- include informational paragraphs on the State mandate for watershed protection
and Orange County's approach for implementing that mandate.
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ORANGE COUNTY ZONING ATLAS
1. Z-5-93 Expansion of Zoning Atlas to Include Little River Township
a. Zoning to Rural Residential (R-1)
- An area roughly located between Kiger Road and New Sharon Church
Road, south of Guess Road, extending generally to the southeast in an
irregular fashion to the Durham County line to the east and boundary of
Little River Township to the south.
- An area roughly located in the area between Guess Road, Green Riley
Road and NC 57, extending westward to include the area south of the
North Fork of the Little River east and slightly to the west of Mary Hall
Road, and south to the vicinity of Kiger Road and Jackson Road •
b. Zoning to appropriate commercial zone
- Scattered commercial properties located within the Rural Neighborhood
and Rural Community Activity Nodes as identified in the Land Use
Element of the Orange County Comprehensive Plan.
c. Zoning to Existing Commercial District (EC-5)
Scattered commercial properties located outside of the Rural
Neighborhood and Rural Community Activity Nodes as identified in the
Land Use Element of the Orange County Comprehensive Plan.
d. Zoning to Existing Industrial District (E-I)
Scattered industrial properties.
e. Zoning to Agricultural Residential (AR)
All parcels not included in a. through d. above.
2. Z-6-93 Expansion of Zoning Atlas to Include Cedar Grove Township
a. Zoning to appropriate commercial zone
- Scattered commercial properties located within the Rural Neighborhood
and Rural Community Activity Nodes as identified in the Land Use
Element of the Orange County Comprehensive Plan.
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b. Zoning to Existing Commercial Distri ct (EC-5)
- Scattered commercial properties located outside of the Rural
Neighborhood and Rural Community Activity Nodes as identified in the
Land Use Element of the Orange County Comprehensive Plan.
c. Zoning to Existing Industrial District (E-I)
Scattered industrial properties located outside of the Rural Industrial
Activity Node as identified in the Land Use Element of the Orange
County Comprehensive Plan.
d. Zoning to Agricultural Residential (AR)
All parcels not included in a. through c. above.
3. Z-7-93 New Watershed Protection Overlay Districts
The following zoning overlay districts are proposed to be applied for the purpose of
protecting public drinking water supplies in a manner at least as restrictive as that
mandated by the Environmental Management Commission in carrying out the provisions
of the Watersupply Watershed Protection Act of 1989.
UNIV-CA (University Lake Critical Area Overlay)
One-half mile from the normal pool of University Lake, or to the branch of the
first major tributary, whichever is greater.
An alternative which may also be considered is designation of the entire
University Lake watershed within the University Lake Critical Area Overlay.
b. UNIV-PW (University Lake Protected Watershed Overlay District)
The portion of the drainage basin of University Lake not covered by UNIV-CA.
c. CANE-CA (Cane Creek Critical Area Overlay District)
One-half mile from the normal pool of Cane Creek Reservoir, or to the branch
of the first major tributary, whichever is further.
An alternative which may also be considered is designation of the entire Cane
Creek watershed within the Cane Creek Critical Area Overlay.
CANE-PW (Cane Creek Protected Watershed Overlay District)
The portion of the drainage basin of Cane Creek Reservoir not covered by
CANE-CA.
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U-ENO-CA (Upper Eno Critical Area Overlay District)
One-half mile from the normal pool of Lake Orange, Corporation Lake, and
potential reservoir sites on the West Fork of the Upper Eno and Seven Mile
Creek, or to the branch of the first major tributary, whichever is further.
L U-ENO-PW (Upper Eno Protected Watershed Overlay District)
The portion of the existing or potential drainage basins of Lake Orange,
Corporation Lake, West Fork of the Upper Eno and Seven-Mile Creek not
covered by U-ENO-CA.
g.. L-ENO (Lower Eno Protected Watershed Overlay District)
The Orange County portion of the Eno River Watershed within 10 miles of the
City of Durham Emergency Water Intake east of US 501 (Roxboro Road).
h. LITTLE-PW (Little River Protected Watershed Overlay District)
The portion of drainage basin of the Little River Reservoir which is located in
Orange County.
FLAT-PW (Flat River Protected Watershed Overlay District)
The portion of the drainage basin of the Flat River which is located in Orange
County.
Js BACK-PW (Back Creek Protected Watershed Overlay District)
The portion of the drainage basin of Back Creek which is located in Orange
County.
k HYCO-PW (South Hyco Creek Protected Watershed Overlay District)
The portion of the drainage basin of South Hyco Creek which is located in
Orange County.
L JORDAN-PW (Jordan Lake Protected Watershed Overlay District)
The Orange County portion of the Jordan Lake Watershed which extends 5 mile
from the normal pool elevation of the impoundment.
m HAW-PW (Haw River Protected Watershed Overlay District)
The portion of the drainage basin for the Haw River which is located in Orange
County.
ORANGE COUNTY ZONING ORDINANCE TEXT AMENDMENTS
The proposed text amendments to the Orange County Zoning Ordinance are as follows:
1. Delete district intent and application criteria contained in ARTICLE 4.2.27 - Protected
Watershed II(PW-II)District, ARTICLE 4.2.28 - Water Quality Critical Area (WQCA)
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District, ARTICLE 4.2.29 - Protected Watershed Industrial (PW-I) District and
ARTICLE 4.2.30 - University Lake Watershed (ULW) District, and replace with a new
ARTICLE 4.2.27 - Watersupply Watershed Overlay Districts, which will include intent
and application criteria for each of the 13 proposed watershed protection overlay districts
described under #3 of the Zoning Atlas Amendments above.
2. Delete ARTICLE 6.23 - Extra Requirements for Protected Watershed Districts (PW-II),
ARTICLE 6.24 - Extra Requirements for Water Quality Critical Areas, and ARTICLE
6.25 - Development Standards for the University Lake Watershed (ULW) District and
replace with a new Article 6.23 - Extra Requirements for Watershed Protection Overlay
Districts.
The standards contained within the new Article 6.23 are proposed to be applied to 13
watershed protection overlay districts for the purpose of protecting public drinking water
supplies in a manner at least as restrictive as that mandated by the Environmental
Management Commission in carrying out the provisions of the Watersupply Watershed
Protection Act of 1989.
The lot size and impervious surface requirements proposed for the 13 Watershed
Protection Overlay Districts are as follows:
UNIV-CA No substantive change from the standards currently required by tht
University Lake Watershed Overlay District is proposed. ''
b. UNIV-PW No substantive change from the standards currently required by the
University Lake Watershed Overlay District is proposed.
CANE-CA Two-acre minimum lot size and 6% impervious surface limit
proposed. (No substantive change from the standards currently required by the
Water Quality Critical Area (WQCA) Overlay District.)
CANE-PW 40,000 square foot (.92 acre) minimum lot size and 12% impervious
surface limit proposed. (No substantive change from the standards currently
required by the Protected Watershed (PW-II) Overlay District.) Up to 5% of the
CANE-PW overlay, if permitted by the underlying zoning district, may be
developed for non-residential use with an impervious surface limit of 70%.
g,. U-ENO-CA Two-acre minimum lot size and 6% impervious surface limit
proposed. Within the portion of U-ENO-CA in Cheeks and Hillsborough
Townships, the proposed standards do not represent a substantive change from the
standards currently required by the Protected Watershed Overlay(PW-II)District.
Within the portion of U-ENO-CA in Cedar Grove Township, there is currently
a 40,000 square foot minimum lot size and no impervious surface limit.
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f. U-ENO-PW The minimum lot size is as required by the underlying zoning
district. It is proposed that up to 5% of the district, if permitted by the
underlying zoning district, be allowed to develop for non-residential use with an
impervious surface limit of 70%, with stormwater detention ponds required when
impervious surface exceeds 12%. Residential developments with a density greater
than 1 dwelling unit per acre, where permitted by the underlying zoning district,
would have an impervious surface limit of 30%, with stormwater detention ponds
required when impervious surface exceeds 12%.
L-ENO-PW The minimum lot size is as required by the underlying zoning
district. The impervious surface limit for non-residential and residential use is
proposed to be 50%, with stormwater detention ponds required in some cases
where impervious surface exceeds 24%.
h JORDAN-PW and HAW-PW The minimum lot size is as required by the
underlying zoning district. The impervious surface limit for non-residential use
is proposed to be 24%. The impervious surface for residential use is proposed
to be 50%, with stormwater detention ponds required in some cases where density
exceeds 2 dwelling units per acre and 24% impervious surface.
s LITTLE-PW A two-acre minimum lot size and 6% impervious surface it
proposed for residential development. Within the portion of LITILE-PW overlay
in Cedar Grove and Little River Townships, there is currently a 40,000 square
foot minimum lot size and no impervious surface limit. Within the portion in
Hillsborough and Eno Townships, there is currently a 40,000 square foot
minimum lot size and 12% impervious surface limit. Up to 5% of the LLITLE-
PW overlay, if permitted by the underlying zoning district, may be developed for
non-residential use with an impervious surface limit of 70%.
FLAT-PW A two-acre minimum lot size and 6% impervious surface is proposed
for residential development. There is currently a 40,000 square foot minimum
lot size and no impervious surface limit. Up to 5% of the FLAT-PW overlay,
if permitted by the underlying zoning district, may be developed for non-
residential use with an impervious surface limit of 70%.
BACK- PW 40,000 square foot(.92 acre) minimum lot size and 12% impervious
surface limit. Within the portion of BACK-PW in Cheeks Township, the
proposed standards do not represent a substantive change from the standards
currently required by the Protected Watershed Overlay (PW-II) District. Within
the portion of the BACK-PW overlay in Cedar Grove Township, there is
currently a 40,000 square foot minimum lot size and no impervious surface limit.
Up to 5% of the BACK-PW overlay, if permitted by the underlying zoning
district, may be developed for non-residential use with an impervious surface
limit of 70%.
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1 HYCO-PW 40,000 square foot (.92 acre) minimum lot size and 12% impervious
surface limit. The HYCO-PW overlay is located in Cedar Grove Township,
where there is currently a 40,000 square foot minimum lot size and no
impervious surface limit. Up to 5% of the HYCO-PW overlay, if permitted by
the underlying zoning district, may be developed for non-residential use with an
impervious surface limit of 70%.
In addition to minimum lot size and impervious surface restrictions, some of the
proposed watershed protection overlay districts include additional restrictions such as land
use restrictions, building and septic tank setbacks, amount of area to remain undisturbed
stream buffers, administrative requirements, and construction, operation and maintenance
of structural stormwater controls.
3. Amend ARTICLE 22 - Definitions to revise or add the following definitions:
Best Management Practices (BMPs), Detention Pond, Engineered Stormwater Controls,
Critical Area, High-Density Option, Impervious Surface (revised to include gravel
surfaces), Infiltration, Landfill (Discharging), Landfill (Non-Discharging), Low-Density
Option, Non-Point Source Pollution, Non-Residential Development, State Mandate,
Stream Buffer, Water-Dependent Structures, and Watersupply Watershed (or Protected
Watershed).
4. Add new Appendix providing design standards for stormwater detention ponds.
ORANGE COUNTY SUBDIVISION REGULATIONS TEXT AMENDMENTS
The proposed text amendments to the Orange County Subdivision Regulations are as follows:
1. Delete Section IV-B-9 Watershed Protection Standards, which contains standards
pertaining to stream buffers and infiltration of stormwater, and replace with a new
Section IV-B-9 makes reference to standards required by the Orange County Zoning
Ordinance.
2. Revise Section V-C Specifications for Plat Drawings (Preliminary Plat) and Section V-D
Specifications for Plat Drawings (Final Plat) to make appropriate references to the
revised Articles of the Orange County Zoning Ordinance
Large-scale maps showing the various zoning and overlay districts proposed and the specific
amendments proposed to the text of the Zoning Ordinance and Subdivision Regulations as
described in this notice are available for public inspection at the Orange County Planning
Department.
All interested citizens are invited to attend this hearing and be heard. Public comment will be
received during the public hearing. Following the close of the public hearing, only evidence
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received in writing by the date of the Planning Board meeting following the public hearing will
be considered by the Board of Commissioners for decision.
Changes may be made in the advertised proposals which reflect debate, objections and discussion
at the hearing.
Questions regarding the proposals may be directed to the Orange County Planning Department
located in the Planning and Agricultural Center, 306F Revere Road, Hillsborough, North
Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also
call 732-8181 (Hillsborough), 688-7331 (Durham), 967-9251 (Chapel Hill-Carrboro) or 227-
2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff
member who will answer your questions.
Marvin Collins, Planning Director
PUBLISH: August 11, 1993
August 18, 1993
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TO ACCOMPANY WATERSHED AND ZONING NOTICE
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Dear Property Owner:
Below is a Notice of Public Hearing for proposed changes to the Orange County Zoning
Ordinance, Zoning Atlas, Subdivision Regulations and Comprehensive Plan. All of these
amendments are for the purpose of complying with State-mandated watershed protection
standards. Orange County contains ten watersheds within which land use controls are
mandated. Three of those watersheds include Critical Area, which is an area within 1/2 mile
or more of an existing or potential watersupply reservoir. Thirteen zoning overlay districts are
being proposed, which correspond to the ten watersupply watersheds and three Critical Areas.
In addition, the provisions of the Zoning Ordinance are proposed to be extended to Little River
and Cedar Grove Township, which lie almost entirely within several watersupply watersheds.
Two maps are attached. One shows the general location of all of Orange County's watersupply
watersheds. The other shows the location of the watershed districts within your Township.
These materials are being sent to all property owners in, or within 500 feet of Little River and
Cedar Grove Townships, and the water supply watersheds of the remaining five townships.
The last page of the Notice of Public Hearing includes telephone numbers for the Planning
Department in the event that you would like additional information. When calling, please
indicate your tax map number, which is located on the top line of the mailing label. If you own,
more than one parcel in the watershed, there may be additional lot numbers written on the`
label, or the words "et al" in an effort to avoid sending multiple notices to the same address.+
An alphabetical listing is available in the Planning Department which lists all parcels in your
ownership.
ORANGE COUNTY, NORTH CAROLINA
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13
COMMERCIAL USES IN LITTLE RIVER TOWNSHIP : . .
• ZONED PROPOSED
ZONING
G
•-•-• - Z
Shop- .• 10.00 ..
2 1.1..6 Mark's Auto Repair, 100.7 1 EC-5
• • 3 110 100 Carden•S-Body/Paint „...... ... 202. •2.02' EC-5
4 1.9.13E Torain Garage 7.01 2 EC-5
6 Service Garage • 2.39 •2.39 5
7 1.10..4A NC Inspection Garage 2.00 2.00 EC-5
•Ramsey's Garage. 5.55 •
11 1.25..10D auto sales sign 4.45 4.45 EC-5
19 14 78 CountryCrafts ........ 8 1 EC—5
20 1.24..2A Syspak, Inc. . 10.01 10.01 E-1
23 1 21 25 Walker flaCiri4'Parts 5000. :•-•
24 1.27..24. , Undervvood.Grocery 1.30 1.30 NC—2
25 115 4 gas station and store 1 60 1.60,
26 1.15..2 gas station and store 53.19 1.75 NC—2 4 68 Toby K Poole 27 Hauling Service 9 5.
28 1.14..9B Caldwell,Custom Cabinets 3.81 3.81 E—I 20 earthmovtng equip. 7 bay garage 505 05. ECH5.
. "• .
40 1.26..29 auto repair shop 15.55 1.875 EC 75
51X
. 148 BrowWs Farm Services 2000 96 AS
80 1.27..19 Dezem's Backhoe Services 3.97
Updated 7/12/93
Little River Public Meeting and Field Check
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COIRcARGIAL: USES IN: CEDAR GROVE TOWNSHIP
• . ZONED PROPOSED
. • -ACRES .' 1- ?•-rACRES' .•.: 'ZONING
: :•. 1.60 ';'. EC-5
4 2.13..9A Tire Service and Store 2.39 2.39 EC-5
5 247 24 Brooks Tires 1 01 1 01 EC-5
8 2..25..10 Berry's Garage Service 1.50 1.50 EC-5
-62.60
13 2.22..1B Blalock Body Shop 2.00 2 EC-5
24 2.31..8 Tinnin Grocery : 39.51 1.00 EC-5
27 2.46 39 Filling Station -124 324 NC-2
28 2.34..7 R.L. Snipe (grocery and gas) 1.03 1.03 NC-2
30 224 20 Oakleys Drapery Outlet 500 1 65 NC 2
31 2.46..40D Piedmont Gas 4.27 4.27 E-I
32 2.29 15 Gas station 1 24 1 24 EC-5
33 2.17..1 Truck Lot 184.36 1.00 NC-2
38 2.8..6 Store (closed) 50.85 1.00 EC-5
41 2.13 5F Wizard's Cauldron 496 296 E-I
42 2.32..20 Post Office/ Store • 1.00 1.00 LC-1
43 • ..•:. Store
44 2.26..9 Cedar Grove Quicky Store (closed) 1.00 1.00 EC-$
45 26. lÀ Brooks......---.... „ ,.„
2567
46 2.37..22 R & R Auto Sales and Taxidermy 1.00 1.00 EC-5
48 219 7A Pheps Rest and Store 1 49 t 49 EC-5
49 2.14..14A Store and Car Wash 1.77 1.77 NC-2
50 46 64A Convenience Store 1 60 1 60 EC 5.
80 2.46..39A Electrical Contractor 1.26 NC-2
81 246 408 Landscape Busriess 55 .EC 5 .
82 Kenneth Rothrock
Updated 7/12/93
Cedar Grove Public Meeting and Field Check
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4.2..27 WATERSHED PROTECTION OVERLAY DISTRICTS
a) Intent
The purpose of the Protected Watershed Overlay Districts is to prevent
significant future water quality deterioration in existing or potential future
drinking water reservoirs into which receive stormwater runoff from land
within Orange County. Protection of all water supplies within the State
in accordance with minimum standards was mandated by the Watersupply
Watershed Protection Act passed by the General Assembly in 1989. The
quality of water in drinking water reservoirs can be affected by activities
of man including farming,construction of highways and roads, subdivision
development, industrial development, and other land-disturbing activities.
Types of water pollutants resulting from these activities include sediment,
bacterial contamination, heavy metals, synthetic organic compounds and
low-level radioactivity.
The intent of the Protected Watershed Overlay Districts is to apply a set
of regulations involving land use and in some cases, structural best
management practices which protect the watersheds by reducing the
pollution from future development which enters drinking water supplies
Land use management practices involve minimum lot size and impervioul
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution. Structural best management
practices allow for more intensive land use by providing for temporary
detention of stormwater runoff so that pollutants may settle.
b) Application Criteria
The Protected Watershed Overlay Districts as established in Article
4.27.2.1 overlay other zoning districts established in this Ordinance. The
new use of any land or new structure within any Protected Watershed
Overlay District shall comply with the use regulations applicable to the
underlying zoning district as well as the requirements of the applicable
Watershed Protection Overlay District.
A Watershed Protection Overlay District will be applied to the Orange
County portion of watershed which have been classified as WS-II, WS-III
or WS-IV watersheds by the North Carolina Environmental Management
Commission in its implementation of the Watersupply Watershed
Protection Act of 1989. In accordance with the State Mandate, ten (10)
Watershed Protection District Overlays, as listed in the following table,
are hereby established.
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DISTRICT GENERAL LOCATION
UNIV-CA University Lake Critical One-half mile from the normal pool of
Area Overlay District University Lake, or to the branch of the first
major tributary, whichever is greater.
UNIV-PW University Lake Protected The portion of the drainage basin of
Watershed Overlay District University Lake not covered by UNIV-CA.
CANE-CA Cane Creek Critical Area One-half mile from the normal pool of Cane
Overlay District Creek Reservoir, or to the branch of the
first major tributary, whichever is further.
CANE-PW Cane Creek Protected The portion of the drainage basin of Cane
Watershed Overlay District Creek Reservoir not covered by CANE-CA.
U-ENO-CA Upper Eno Critical Area One-half mile from the normal pool of Lake
Overlay District Orange, Corporation Lake, and potential
reservoir sites on the West Fork of the
Upper Eno and Seven Mile Creek, or to the
branch of the first major tributary,
whichever is further.
U-ENO-PW Upper Eno Protected The portion of the existing or potential
Watershed Overlay drainage basins of Lake Orange, Corporation
Lake, West Fork of the Upper Eno and
Seven-Mile Creek not covered by U-ENO-
CA.
L-ENO-PW Lower Eno Protected The Orange County portion of the Eno River
Watershed Overlay District Watershed within ten miles of the City of
Durham Emergency Water Intake east of US
501 (Roxboro Road).
LITILE- Little River Protected The portion of drainage basin of the Little
PW Watershed Overlay District River Reservoir which is located in Orange
County.
BACK-PW Back Creek Protected The portion of the drainage basin of Back
Watershed Overlay District Creek which is located in Orange County.
HYCO-PW South Hyco Creek The portion of the drainage basin of South
Protected Watershed Hyco Creek which is located in Orange
Overlay District County.
FLAT-PW Flat River Protected The portion of the drainage basin of the Flat
Watershed Overlay District River which is located in Orange County.
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DISTRICT GENERAL LOCATION
HAW-PW Haw River Protected The portion of the drainage basin for the
Watershed Overlay District Haw River which is located in Orange
County.
•
JORDAN- Jordan Lake Protected The Orange County portion of the Jordan
PW Watershed Overlay District Lake Watershed which extends five miles
from the normal pool elevation of the
impoundment.
•
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6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY
DISTRICTS
Ten (10) Watershed Protection Overlay Districts, as described in Article 4.2.27.2 of this
Ordinance,have been established for lands within the watersheds of existing or potential drinking
water rivers and reservoirs. These districts overlay other zoning districts established in this
Ordinance and delineated on the Orange County Zoning Atlas. Wherever standards of the
underlying zoning district differ from the watershed overlay standards, the more restrictive
provisions shall apply.
6.23.1 LAND USE RESTRICTIONS
All uses and activities allowed in the underlying zoning district are permitted with the following
exceptions:
DISTRICT LAND USE RESTRICTIONS
UNIV-CA No new landfills are permitted.
UNIV-PW No sludge application is permitted.
CANE-CA No commercial or industrial uses are permitted.
U-ENO-CA
CANE-PW •
U-ENO-PW No discharging landfills are permitted.
HYCO-PW Industrial use is limited to non-hazardous light industrial uses characterized by
LITTLE-PW low water use (less than 10,000 gpd, excluding domestic water (25 gpd per
BACK-PW employee) and water used for heating and air conditioning).
FLAT-PW
HAW-PW
L-ENO-PW No additional use restrictions.
JORDAN-PW
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6.23.4 SETBACKS
Setbacks shall be as required by the underlying zoning district, with the following exceptions:
DISTRICT SETBACK RESTRICTIONS
UNIV-CA
CANE-CA
U-ENO-CA No structures (with exception of water-dependent structures as defined
in Article 22 of this Ordinance) may be constructed within 150 feet of
(Applies only to lots the high water mark of a water supply impoundment; and
created by Preliminary
Plans for major New septic tanks and their nitrification fields shall be located at least
subdivision and Final 300 feet from the edge of a water supply impoundment, or perennial or
Plats for minor intermittent stream as shown on the USGS Quadrangle maps.
subdivisions approved
or recorded after
December 31, 1993.
All Other Watershed New septic tanks and their nitrification fields shall be located at least
Overlay Districts, and 100 feet from a perennial or intermittent stream as shown on the USGS
lots approved in U- Quadrangle maps.
ENO-PW after
December 31, 1993. (See also Article 6.23.11.)
6.23.5 RESIDENTIAL DENSITY
Maximum residential density shall be as indicated in the Table below, or as required by the
underlying zoning district, whichever is less.
•
DISTRICT J MAXIMUM DENSITY
UNIV-CA Up to 5 lots at least 2 acres in size can be created from a lot of record as of
UNIV-PW October 2, 1989. Thereafter, each lot shall contain at least 5 acres, and the
density shall not exceed 1 dwelling unit (du)/5 acres.
CANE-CA
U-ENO-CA 1 du/ 2 acres
LITTLE-PW
FLAT-PW
CANE-PW 1 du/ 40,000 square feet (.92 du/acre)
BACK-PW
HYCO-PW
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DISTRICT MAXIMUM DENSITY
U-ENO-PW Maximum density is as permitted in the underlying zoning district.
L-ENO-PW
HAW-PW BMPs are required in some cases where density exceeds 1 dwelling unit per
JORDAN-PW acre. Refer to Article 6.23.6c1.
6.23.6 STORMWATER INFILTRATION AND DETENTION
As a watershed becomes more developed, the amount of impervious surface increases, causing
a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This
results in more stormwater flowing directly into streams and other water bodies. Because this
direct runoff has not been filtered through the soil, pollutants from the air and land surface enter
streams and increase the potential for pollution of drinking water supplies.
The effects of stormwater pollution on drinking water supplies can be minimized by one of two
general approaches. First, the amount of stormwater runoff which reaches drinking water
supplies can be controlled by assuring that there is adequate ground area into which water can
be absorbed. This type of non-structural control is achieved through limitations on impervious
surface. A second approach is to collect stormwater run-off in engineered ponds so that
pollutants may settle. The water is then slowly released and contains fewer impurities when it
reaches the water supply reservoir. The watershed protection standards adopted by Orange
County utilize a combination of these two approaches.
a) Non-Structural Stormwater Control
The first inch of stormwater run-off shall be controlled to the extent possible through on-
site infiltration and through the use of methods which rely on natural soil properties for
absorption and treatment.
In order to promote infiltration of stormwater runoff into the soil and minimize direct and
immediate runoff into streams and water supply impoundments,the maximum percentage
of the total lot area which may be covered with an impervious surface shall be specified.
This limit is referred to as the "impervious surface ratio".
Impervious surface calculations for an individual development shall be cumulative for
original construction and any subsequent additions. One-half of the width of any of any
existing or proposed road adjacent to an individual lot shall be included as impervious
surface for that lot, except in the case where an existing road was contained within a
dedicated public right-of-way on January 1, 1994. Infiltration techniques not only
remove both suspended and dissolved pollutants, but they require less maintenance,
reduce flooding,promote groundwater recharge and help maintain stream flow during dry
periods.
Where on-site infiltration methods are utilized, areas for such purposes shall be
designated on the plat and shall remain undisturbed both during and after construction.
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Undisturbed areas for infiltration of run-off shall also be located downslope from
impervious surfaces and shall not include areas characterized by floodplains, highly
erodible or impervious soils, steep slopes or previously disturbed areas. Areas designated
as suitable for septic tank nitrification fields may not be used for stormwater infiltration
purposes.
Run-off from roads, parking lots, and/or sidewalks shall be directed to undisturbed areas
through use of berms, grassed diversion ditches or swales, or other acceptable means to
reduce run-off velocity and filter out pollutants.
b) Structural Measures
Non-structural methods may not adequately control the first inch of stormwater runoff
due to the amount of impervious surface proposed to be developed, and other factors
such as soil type, slope, presence of floodplains and erodible soils, and/or lack of
vegetative cover. In such cases, structural detention ponds, which capture stormwater
for slow release through an outlet, are required. Where required, detention ponds shall
be constructed in accordance with Appendix
c) Impervious Surface and Detention Pond Requirements
For all protected watersheds, there is a absolute limit on the percentage of lot area which
can be covered with impervious surfaces. In some cases, detention ponds are required
when the proposed impervious surface ratio exceeds a specified percentage, which is
below the absolute limit.
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1. Residential Development
DISTRICT IMPERVIOUS SURFACE/DETENTION POND
REQUIREMENTS
(RESIDENTIAL)
UNIV-CA Lots created prior to Lot Size Impervious Lot Size Impervious
UNIV-PW April 2, 1990 (Acres) Surface (Acres) Surface
6.0 + 4.0% 2.0 12.0%
5.0 6.0% 1.0 14.0%
4.0 8.0% 0.8 14.4%
3.0 10.0% 0.5 15.0%
The impervious surface ratios (ISR)for fractional
acreage values between 5 acres and 0.5 acres which
are not included in the table above shall be
interpolated. For each 1/10 (.10) acre increase in lot
size, the ISR shall decrease by 2/10 (.20)percent.
Detention ponds (BMPs) are not required.
Lots created after 6% impervious surface limit, with no BMPs required.
April 2, 1990
CANE-CA 6% impervious surface limit OR 2 acre minimum lot
U-ENO-CA size. BMPs are not required.
LITTLE-PW
FLAT-PW
CANE-PW 12% impervious surface limit OR 1 acre minimum lot
HYCO-PW size. BMPs are not required.
U-ENO-PW 30% impervious surface limit, with BMPs required if
impervious surface exceeds 12%.
L-ENO-PW 50% impervious surface limit, with BMPs required
when:
a) curb and gutter is not used, and density exceeds
3 du/acre AND impervious surface exceeds
36%; OR
b) curb and gutter is used, and density exceeds 2
du/acre AND impervious surface exceeds 24%.
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DISTRICT IMPERVIOUS SURFACE/DETENTION POND
REQUIREMENTS
(RESIDENTIAL)
HAW-PW 24% impervious surface limit, BMPs not required.
JORDAN-PW
For new subdivisions, the total amount of allowable imperious surface shall be calculated as the
applicable percentage of the entire tract. This impervious surface allotment shall be distributed
equitably among the lots of the subdivision. The allotment for each lot shall be indicated on a
separate document recorded together with the final subdivision plat
2. Non-Residential Development
DISTRICT IMPERVIOUS SURFACE/DETENTION POND
REQUIREMENTS
(NON-RESIDENTIAL)
UNIV-CA Same as Residential (See previous Table)
UNIV-PW
CANE-CA Up to 6% impervious surface without BMPs,
U-ENO-CA 6% - 24% with BMPs.
CANE-PW Up to 70% impervious surface without BMPs'.
LITTLE-PW
HYCO-PW
BACK-PW
FLAT-PW
U-ENO-PW Up to 70% impervious surface, with BMPs required
when impervious surface exceeds 12%.1
L-ENO-PW Up to 50% impervious surface, with BMPs required
HAW-PW when impervious surface exceeds 24% (if curb and
JORDAN-PW gutter is used) or 36% (no curb and gutter).
' After new non-residential development with impervious surface greater than 12% occurs on 5%
of the watershed, impervious surface for subsequent development may not exceed 30%, and
BMPs will be required when impervious surface exceeds 12%.
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6.23.7 OPERATION AND MAINTENANCE OF DETENTION PONDS
a) Posting of Financial Security
All stormwater control structures shall be conditioned on the posting of adequate financial
assurance for the purpose of maintenance, repairs or reconstruction necessary for
adequate performance. Financial assurance shall be in the form of one of the following:
1. Security Performance Bond or Other Security
The permit applicant shall obtain either a performance bond from a surety
bonding company authorized to do business in North Carolina, an irrevocable
letter of credit or other instrument readily convertible into cash at face value
payable to Orange County or placed in escrow with a financial institution
designated as an official depository of Orange County. The bond or other
instrument shall be in an amount equal to 1.25 times the total cost of the
stormwater control structure, as estimated by the applicant and approved by the
County Engineer. The total cost of the stormwater control structure shall include
the value of all materials such as piping and other structures; seeding and soil
stabilization; design and engineering; and, grading, excavation, fill, etc. The
costs shall not be prorated as part of a larger project, but rather under the
assumption of an independent mobilization.
Upon default of the permit applicant to complete and/or maintain the stormwate7
control structure as spelled out in the performance bond or other security, the
County may obtain and use all or any portion of the funds necessary to complete
the improvements based on an engineering estimate. The Board shall return any
funds not spent in completing the improvements to the owning entity.
Cash or Equivalent Security Deposited After Release of the Performance Bond
Consistent with Section IA, the permit applicant shall deposit with Orange
County either cash or other instrument approved by the County Attorney that is
readily convertible into cash at face value. The cash or security shall be in an
amount equal to fifteen (15) percent of the total cost of the stormwater control
structure or the estimated cost of maintaining the stormwater control structure
over a ten (10) year period, whichever is greater. The estimated cost of
maintaining the stormwater structure shall be consistent with the approved
operation and maintenance plan or manual provided by the developer under
Section IIA. The amount shall be computed by estimating the maintenance cost
for twenty-five (25) years and multiplying this amount by two-fifths or 0.4.
Upon default of the owning entity to maintain, repair and, if necessary,
reconstruct the stormwater control structure in accordance with the Operation and
Maintenance Agreement, the County shall obtain and use all or any portion of
the cash security to make necessary improvements based on an engineering
estimate. Such expenditures of funds shall only be made after exhausting all
other reasonable remedies seeking the owning entity to comply with the terms
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and conditions of the Operations and Maintenance Agreement. The County shall
not return any of the deposited cash funds.
b) Maintenance and Upkeep
1 Operation and Maintenance Agreement Required
The permit applicant shall enter into a binding Operation and Maintenance
Agreement between Orange County and all interests in the development. Said
Agreement shall require the owning entity to maintain, repair and, if necessary,
reconstruct the stormwater control structure in accordance with the operation and
management plan or manual prepared by the developer. The Operations and
Maintenance Agreement shall be filed with the Orange County Register of Deeds.
2 Operation and Maintenance Plan Required
An operation and maintenance plan or manual shall be provided by the developer
for each stormwater control structure, indicating what operation and maintenance
actions are needed, what specific quantitative criteria will be used for determining
when those actions are to be taken and, consistent with the Operations and
Maintenance Agreement, who is responsible for those actions. The Plan shall
clearly indicate the steps that will be taken for restoring a stormwater control
structure to its design specifications if a failure occurs.
Landscaping and Grounds Maintenance
Landscaping and grounds maintenance shall be the responsibility of the owning
entity. However, vegetation shall not be established or allowed to mature to the
extent that the integrity of the control structure is diminished or threatened, or
to the extent of interfering with any easement or access to the stormwater
structure.
4 Repair or Reconstruction
Except for general landscaping and grounds maintenance, the owning entity shall
notify the County prior to any repair or reconstruction of the stormwater
structure. All improvements shall be made consistent with the approved plans
and specifications of the stormwater control structure and the operations and
maintenance plan or manual. After notification by the owning entity, the County
Engineer and/or Erosion Control Supervisor shall inform the owning entity of
any required additions, changes or modifications and of the time period to
complete said improvements.
Minor Amendments to Plans and Specifications
Amendments to the plans and specifications of the stormwater control structure
and/or the operation and maintenance plan or manual may be approved by the
County Engineer, provided that the changes do not involve a change in the size
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or location of the structure. Proposed changes shall be prepared by a North
Carolina registered professional engineer or landscape architect(to the extent that
the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the
Erosion Control Supervisor prior to consideration by the County Engineer.
a. If the County Engineer approves the proposed changes, the owning entity
of the stormwater control structure shall filed sealed copies of the
revisions with the Erosion Control Supervisor.
b. If the County Engineer disapproves the changes, the proposal may be
revised and resubmitted to the Erosion Control Officer as a new
proposal. If the proposal has not been revised and is essentially the same
as that already reviewed, it shall be returned to the applicant.
c. The County Engineer shall report any such revisions to the Board of
County Commissioners at the next available regular meeting.
Major Amendments to Plans and Specifications
Amendments to the plans and specifications of the stormwater control structure
and/or the operation and maintenance plan or manual which involve a change in
the size or location may be approved by the Board of Commissioners after
receiving a recommendation from the County Engineer. Proposed changes shall.
be prepared by a North Carolina registered professional engineer or landscape
architect (to the extent that the General Statutes, Chapter 89A, allow) and
submitted to and reviewed by the Erosion Control Supervisor prior to review by
the County Engineer.
7 Revision of Plan Required if Found to be Inadequate
If the County finds that the operations and maintenance plan or manual is
• inadequate for any reason, the owning entity shall be notified of any required
changes and shall prepare and file copies of the revised agreement with the
Orange County Register of Deeds, the Erosion Control Supervisor, and the
owning entity.
c) Inspection and Release of the Performance Bond
L. inspection by Erosion Control Supervisor
The stormwater control structure shall be inspected by the Erosion Control
Supervisor, after the owning entity notifies the Erosion Control Supervisor that
all work has been completed. At this inspection, the owning entity shall provide:
a. The signed deed, related easements and survey plat for the stormwater
control structure ready for filing with the Orange County Register of
Deeds; and
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b. A certification sealed by an engineer or landscape architect (to the extent
that the General Statute, Chapter 89A, allow) stating that the detention
pond is complete and consistent with the plans and specifications.
Submittal of Inspection Report to County Engineer
The Erosion Control Supervisor shall present materials submitted by the
developer and the inspection report and recommendations to the County
Engineer.
a. If the County Engineer approves the inspections report and accepts the
certification, deed and easements, he/she shall file the deed and
easements with the Orange County Register of Deeds, released up to
seventy-five (75) percent of the value of the performance bond or other
security and issue a Watershed Protection Compliance Permit for the
stormwater control structure.
b. If deficiencies are found, the County Engineer shall direct that the
improvements and inspections be made and/or documents corrected and
resubmitted to the County Engineer.
Watershed Protection Compliance Permit Required Prior to Occupancy
No Building Permit or Certificate of Occupancy may be issued in the absence df
a valid Watershed Protection Compliance Permit.
4 Release of Remaining Security
No sooner than one (1) year after the filing date of the deed, easements and
maintenance agreement, the developer amy petition the Board of Commissioners
to release the remaining value of he performance bond or other security. Upon
receipt of said petition, the County Engineer shall inspect the stormwater control
structure to determine whether the controls are performing as designed and
intended. The County Engineer shall present the petition, inspection report and
recommendations to the Board of Commissioners.
a. If the Board of Commissioners approves the report and accepts the
petition, the developer shall deposit with Orange County a cash amount
equal to that described in Section I, after which, the Board shall release
the performance bond or other security.
b. If the Board of Commissioners does not accept the report and rejects the
petition, it shall provide the developer with instructions to correct any
deficiencies and all steps necessary for the release of the performance
bond or other security.
Annual Inspection Required
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a. All stormwater structures shall be inspected at least on an annual basis
to determine whether the controls are performing as designed and
intended. Records of inspections shall be maintained on forms approved
or supplied by the North Carolina Division of Environmental
Management. Annual inspections shall begin within one (1) year of the
filing date of the deed for the stormwater control structure.
b. In the event the County Engineer discovers the need for corrective action
of improvements, he/she shall notify the owning entity of the needed
improvements and the date by which the corrective action is to be
completed. All improvements shall be made consistent with the plans
and specification of the stormwater control structure and the operation
and maintenance plan or manual. After notification by the owning
entity, the County Engineer shall inspect and approve the completed
improvements.
d) Appeals
Any requirement, decision or determination of the County Engineer may be appealed
to the Board of Commissioners for consideration at its next available regular meeting.
6.23.8 PLACEMENT OF STREETS, DRIVEWAYS AND BUILDINGS
Streets, driveways, and buildings or other structures shall be located, to the extent reasonable
possible, so as to take full advantage of the absorptive capacity of the soils on which they are tb
be situated and to avoid the following environmentally sensitive areas:
1) Stream buffer zones as required by Article 6.23.10;
2) Wetlands as defined by the U.S. Army Corps of Engineers;
3) Land with slopes greater than fifteen percent (15%); and
4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats o(
Orange County. NC.
To avoid creating lots that will be difficult to build upon in compliance with the standards of this
Article, the subdivision plats shall show proposed building envelopes and approximate driveway
locations for all lots within such subdivisions. Thereafter, no zoning compliance permit may be
issued for the construction of buildings or driveways outside the areas so designated on the
preliminary plat unless the Zoning Officer makes a written finding that the proposed location
complies with the provisions of this Article.
6.23.9 UNDISTURBED AREA
Because soils which are seriously disturbed, even if re-vegetated, can generate nearly as much
run-off as paved areas, a portion of property being developed within watershed critical areas must
remain undisturbed during construction.
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DISTRICT UNDISTURBED AREA
UNIV-CA A minimum of the area necessary to meet impervious surface
CANE-CA requirements shall remain undisturbed during the construction process.
U-ENO-CA
The area to remain undisturbed shall include portions of the lot utilized
for stormwater infiltration.
All clearing limits shall be clearly marked and observed.
All Other Watershed As may be required pursuant to an approved grading permit or erosion
Overlay Districts control plan.
6.23.10 STREAM BUFFERS
a) Definition
A stream buffer is an area of land adjacent to perennial and intermittent streams which,
except as stated below, must remain undisturbed in its natural state. Perennial streams
are those streams shown as solid blue lines and intermittent streams as broken blue lines
on the USGS Quadrangle maps for Orange County.
b) Permitted Uses Within Stream Buffers
The following uses are allowed as a matter of right in stream buffers. All other uses are
prohibited.
1) Above-ground and buried utility lines for local distribution of electricity,
telephone and cable television service, accessory and appurtenant apparatus such
as poles, guy wires, transformers and switching boxes.
2) Bona fide farms, except any use of farm property for non-farm purposes.
3) Public and private streets, bridges and railroad rights-of-way, provided that they
enter and exit the buffer area as nearly perpendicular as possible.
c) Land Disturbance and Planting of Vegetation
1) Area within a stream buffer which is subject to serious erosion may be disturbed
for the purpose of planting and maintaining erosion-resistant vegetative cover.
2) Existing forested areas or any other healthy vegetation cannot be removed from
a stream buffer, except where replaced with vegetation resulting in comparable
stormwater runoff velocity and quantity one year after planting.
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3) New vegetation shall be planted to capture non-source pollutants before they
reach the perennial stream, as per applicable Orange County Standards.
d) Calculating Width of Stream Buffer
1) How to Calculate Slope
a. Draw a line perpendicular to the stream.
b. Determine the elevation at the stream itself (1), and at the point 250'
from the stream along the perpendicular line (2).
c. Subtract (1) from (2).
d. Divide c. by 250.
e. Multiple d. by 100
Hereinafter, the number derived in e. will be referred to as "slope value".
2) Method A - Stream Buffer Based on Slope
The width of the buffer shall be fifty (50) feet from each edge of the floodplain,
plus the slope value multiplied by four.
3) Method B - Stream Buffer Based on Slope and Groundcover
J STREAM BUFFER WIDTH (IN FEET)
BASED ON SLOPE AND GROUNDCOVER
Slope Value Type of Groundcover
Grass Woods
2to4.9 100 50
5 to 9.9 150 100
10 to 14.9 200 100
15 or greater 250 150
'In addition to the buffer zone resulting from the calculations below, a stream buffer shall include
any portion of a floodplain as defined in the Orange County Flood Damage Prevention
Ordinance, by special survey by a registered engineer or surveyor, or by alluvial soils as
designated in the Orange County Soils Survey.
2The required stream buffer zone shall not be limited to one calculation, but shall be based on
calculations made at points where topographical and ground cover conditions change based on an
analysis of the site.
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e) Minimum Buffer Width Required
DISTRICT MINIMUM STREAM BUFFER WIDTH'
UNIV-CA The buffer width shall be calculated for both Method A and Method B, and at
UNIV-PW any given point along the stream, the width of the buffer shall be the larger of
the two.
CANE-CA The buffer width shall be the width calculated using Method A.
U-ENO-CA
U-ENO-PW The buffer width shall be as calculated using Method A, or 150', whichever is
L-ENO-PW less, except where density exceeds 1 du/ac and impervious surface exceeds
12%.
Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer
width shall be calculated as above, but shall not be less than 100'.
CANE-PW
LITTLE-PW
BACK-PW The buffer width shall be the width calculated using Method A, or 150',
HYCO-PW whichever is less.
FLAT-PW
HAW-PW
JORDAN-PW
6.23.11 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
DISTRICT I WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA Water supply and sewage treatment systems shall be limited to individual wells
UNIV-PW and on-site septic tanks systems or individual on-site alternative disposal systems.
No new treatment system will be permitted where effluent disposal occurs on a
separate lot from the source of wastewater generation.
Repair systems are permitted on a lot other than the lot which is the source of
wastewater generation provided that the Orange County Health Department
certifies that:
1. The residence or use has a failing system, AND
there is not a suitable location for a repair system on the same lot as the
residence or use, or
2. In the case of an unimproved lot created by recorded deed, valid probated
will or recorded plat prior to June 15, 1991, there is not a suitable
location for a repair system on the same lot as the residence or use.
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All Other Repair systems are permitted on a lot other than the lot which is the source of
Watershed wastewater generation provided that the Orange County Health Department
Overlay certifies that:
Districts
1. The residence or use has a failing system, AND
there is not a suitable location for a repair system on the same lot as the
residence or use; or
2. In the case of an unimproved lot created by recorded deed, valid probated
will or recorded plat prior to January 1, 1994, there is not a suitable
location for a repair system on the same lot as the residence or use.
6.23.12 CLUSTERING
DISTRICT CLUSTERING REQUIREMENTS
UNIV-CA Clustering of residential lots is permitted in accordance with Section IV-B-10 of
UNIV-PW the Orange County Subdivision Regulations, with the additional provision that
each lot contains a minimum of one acre.
All Other Clustering of residential lots is permitted in accordance with Section IV-B-10 of '
Overlay the Orange County Subdivision Regulations. p
Districts r
6.23..13 APPLICABILITY
a) Existing Development
Existing development is not subject to the requirements of this Article. Existing
developments include projects that are built, or at a minimum have established a vested
right under North Carolina zoning law as of January 1, 1994 based on at least one of the
following criteria:
1. substantial expenditures of resources (time, labor, money) based on a good faith
reliance upon having received a valid local government approval to proceed with
the project; or
2. having an outstanding valid building permit; or
3. having expended substantial resources and having an approved site specific or
phased development plan.
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b) Redevelopment
Non-residential redevelopment is allowed if the rebuilding activity does not have a net
increase in built-upon area or provides equal or greater stormwater control than the
previous development.
There are no restrictions on single-family redevelopment.
c) Expansion of Existing or New Developments
Expansions to structures classified as existing development must meet the requirements
of this Article, however, the impervious surface and lot area involved in the existing
development is not required to be included in the calculation of the impervious surface
ratio.
Expansions to structures other than existing development must meet the density
requirements for the entire project.
6.23.13 ADMINISTRATION
a) Appeals
Decisions of the Zoning Officer in the implementation of this Article may be appealed
to the Orange County Board of Adjustment in accordance with Article 2.3.7 of thti
Ordinance.
b) Exemptions
Development activities may be granted minor exemptions by the Board of Adjustment in
accordance with Article 2.3.6 of this Ordinance.
An exemption which results in one or more of the following shall be considered a major
exemption, requiring approval by the Environmental Management Commission.
1. the complete waiver of a management requirement;
2. the relaxation by more than ten percent of any management requirement that
takes the form of a numerical standard; and
3. the relaxation of any management requirement that applies to a development
project requiring construction of a detention pond.
A description of each project receiving an exemption and the reason for granting the
exemption shall be submitted to the Commission on an annual basis.
All other local governments having jurisdiction within the watershed area and the entity
using the water supply for consumption shall be notified of the proposed exemption.
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ARTICLE 22 - DEFINITIONS
Best Management Practices (BMPs) A structural or non-structural management-based practice
used singularly or in combination to reduce non-point source pollution to receiving waters in
order to achieve water quality protection goals. (See also, Detention Pond and Engineered
Stormwater Controls)
Critical Area The land area within one-half mile of the normal pool of an existing or proposed
watersupply impoundment, or the branch of the first major tributary, whichever is farther.
Detention Pond A engineered stormwater control consisting of a pond constructed and
maintained in accordance with Appendix of this Ordinance, which allows for pollutants to
settle and provides for the gradual release of the impounded water. The detention pond is the
Best Management Practice which must be used within protected watersheds when engineered
stormwater controls are required. (See also, Best Management Practices and Engineered •
Stormwater Controls)
Engineered (or Structural) Stormwater Controls A structural Best Management Practice
(BMP) used to reduce non-point source pollution to receiving waters in order to achieve water
quality protection goals. (See also Best Management Practices and Detention Pond)
High-Density Option One of two approaches available for for development in some watershe$
overlay districts. Generally, the high-density option relies on density limits and engineered
stormwater controls to minimize the risk of water pollution.
Impervious Surface A surface composed of any material which impedes or prevents the
natural infiltration of water into the soil. Such surfaces include all concrete, asphalt and gravel
surfaces. These include, but are not be limited to, streets and parking areas, sidewalks, patios,
and structures which cover the land.
Infiltration The absorption of stormwater run-off into the ground. Infiltration allows for
pollutants to be filtered from the water prior to its reaching the groundwater table, preventing
the deposit of the pollutants directly into drinking water supplies.
Landfill, Discharging A landfill facility with liners, monitoring equipment and other measures
to detect and/or prevent leachate from entering the environment and in which the leachate is
treated on site and discharged to a receiving stream.
Landfill, Non-discharging A landfill facility which does not discharge leacheate into a
receiving stream.
Low-Density Option One of two approaches available for development in watershed overlay
districts. Generally, the low-density option relies on density and impervious surface limits to
minimize the risk of water pollution.
Non-Point Source Pollution Pollution which enters waters mainly as a result of precipitation
35
and subsequent run-off from lands which have been disturbed by man's activities and includes
all sources of water pollution which are not required to have a state or local or state permit for
discharge into a stream.
Non-Residential Development Development of any land use which is not residential in nature,
including uses (such as churches) which are allowed in residential zoning districts.
State Mandate The minimum Rules adopted by the Environmental Management Commission
for application to North Carolina's watersupply watersheds, as required by the Water Supply
Watershed Protection Act. The purpose of the Act, as stated in its opening paragraph, is "...
to protect and enhance the quality of the State's surface water supplies by establishing a
cooperative program of watersupply protection to be administered by local governments
consistent with statewide management requirements established by the Environmental
Management Commission (EMC)."
Stream Buffer A stream buffer is an area of land adjacent to perennial and intermittent
streams which, except as permitted in Article of this Ordinance, must remain
undisturbed in its natural state. Perennial streams are shown as solid blue lines and intermittent
streams as broken blue lines on the USGS Quadrangle maps.
Water-Dependent Structure
Any structure for which the use requires access to or proximity to or citing within surface waters
to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ancillary
facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage
areas are not water-dependent structures.
Watersupply Watershed (or Protected Watershed) Land that drains to existing reservoirs
which are public water supplies or potential reservoir sites or stream intakes which have been
designated for protection. All such lands have been classified by the Environmental
Management Commission as WS-II, WS-III or WS-IV watersheds and require protection in
accordance with the State Mandate.
36
Appendix
Extended Wet Detention Pond Standards
Scope
These standards are intended to meet the State's requirements for wet detention ponds in
protected watersheds where a High Density Development Permit has been approved.
These guidelines and standards are for designing and building ponds on a small scale, less than
100 acres drainage area, serving individual developments. Other appropriate standards should
be used for regional basins serving larger, developed watersheds.
Details of runoff calculations, pond design guidelines, etc. are not included since proven
references are readily available from other sources. Refer to the references at the end of this
standard.
General Description
Extended wet detention ponds are intended to capture and treat polluted runoff from developed
areas during both infrequent small storms and infrequent larger events.
Why Ponds Are Favored
Because of the low infiltration capacity of soils in Orange County detention ponds are tilt
preferred Best Management Practice (BMP)and extended wet detention pond are preferred over
other types of ponds. Detention ponds that are dry between rainfall events lack the most
desirable conditions for capturing pollutants. In addition, dry ponds cannot maintain the favored
biological conditions between events that are necessary to breakdown pollutants.
A Typical Pond
In Orange County the topography and soil conditions are such that most ponds are created by
constructing an earthen dam between two hills and impounding runoff in the valley above the
dam. Pipes through the dam and an emergency spillway around one end of the dam control the
waterlevel and release overflow. Figures 1 and 2 illustrate a typical wet detention pond.
The site plan must locate the pond so that it intercepts runoff and pollutants from the developed
area. Diversions and storm drains can be used to intercept and channel runoff to the pond.
Other Possible Locations
It may be possible, where suitable soil conditions exist, to construct a basin on a slope where
there is no valley. This approach involves excavating and constructing a dam on three sides and
building diversions to intercept runoff and channel it to the pond. Such sites must be evaluated
carefully so that the pond is positioned where diversions will work and the watershed is
sufficient to establish a viable pond.
Excavated Ponds
Simply digging a hole to create a pond is usually impractical in Orange County because of the
shallow soil in most locations. There may be exceptions where soil borings show that the depth
DRAFT 1 June 1993
37
to bedrock is sufficient and that the soil type and other criteria are met. Where such sites exist
the function of the pond can be enhanced by infiltration into the soil.
High water level Normal water level
Emergency spillway
_A
Dam
'. • : : • • • • • 7.81.1114■
Baffle
V
Sediment forebay
Riser
Entrance channel Pier to allow fishing Barrel
recreation, and other uses.
Figure 1 : Illustration of a Typical Wet Detention Pond Showing the Various
Components.
Inlet channel High water level
A
Normal water level
Sediment forebay
B High water level
or
Shallow water Normal water level
High water level� ',Normal water level
Deep water for fish, recreation, etc.
DRAFT 2 June 1993
38
Figure 2: Cross Sections of a Wet Detention Pond.
A Proven BMP
Studies have shown that wet detention ponds can be very effective in removing and treating
pollutants washed off impervious surfaces. Research has found that most pollutants are removed
by the first half inch to one inch of runoff, the so called "first flush of runoff'. The degree of
pollutant removal is a function of the size and shape of the permanent pool, the characteristics
of individual urban pollutants, and the intensity of development (area covered by impervious
surfaces and the type of land use) in the watershed. When properly sized and designed wet ponds
have a high removal rate of sediment, nutrients, and trace metals. Biological processes in the
pond remove soluble nutrients that cause eutrophication of streams below the pond even though
this may result in periodic water quality problems in the pond itself.
Multiple Use Ponds
Properly designed detention ponds can serve several purposes: removal of pollutants; mitigating
flooding by controlling the rate of stormwater runoff from the project; prevent downstream
channel erosion; provide wildlife habitat, landscaping, and recreation; and serve as a component
of open space. In some situations it can be used as a temporary sediment pond during
construction and then be converted (sediment and debris removed, outlet structure converted)
into a permanent detention pond. This can make pond construction more economical. Designing
the pond for multiple uses can make it an attractive, integrated part of a development instead of
just an eyesore and maintenance problem in a remote corner. ;;
Minimum Drainage Area
As a general rule, 10 acres of drainage area per acre of surface area in a pond is the
recommended minimum to provide sufficient runoff and provide a reliable source of water so
that the permanent pool is maintained, desirable biological activity is sustained, and fish habitat
created. This is a conservative recommendation; the necessary watershed will vary depending
upon the runoff coefficients of the watershed: wooded land will produce very little (but very
clean) runoff because the soil, leaf litter, and other debris act like a sponge and absorbs water;
most of the rainfall on pavement will run off(but is not of very desirable quality) because the
soil is effectively sealed. Leaks, evaporation, and infiltration losses can result in pond
drawdowns where there is insufficient inflow to replace these losses. These losses vary
depending on location. Springs can help maintain volume, but few locations have adequate flow
to actually fill a pond that has significant volume. Runoff from rainfall is needed to fill the pond
after construction and replenish it after a drawdown. However, drawdown is more of a nuisance
and aesthetic problem that may adversely affect fish population but does not necessarily affect
its ability to remove pollutants. A partially filled or dry pond may increase holding time,
allowing more sedimentation, and removing more pollutants.
The Purpose of a Wet Pond
The goal is to establish a permanent impoundment of water above which stormwater runoff is
stored and released at a much lower rate than which it enters the pond. The purpose of the
permanent pool is to create a viable pond environment between rainfall events and to create a
mechanism to capture pollutants and either retain them or treat them. A possible additional
benefit is to more closely approximate the runoff conditions that existed below the pond prior
DRAFT 3 June 1993
39
to development. However, above the pond development will almost certainly increase the volume
and rate of runoff.
How a Wet Detention Pond Works
The basic mechanism of pollutant removal is that suspended pollutant particles in runoff are
captured by gravity settling as runoff enters the relatively still water in the pond (the same
process that creates a delta). In the stream channel the energy of flowing water suspends the
particles, but this churning action is lost as runoff enters the pond. This causes the particles to
settle toward the bottom, the larger, heavier ones settling out first while very small ones may
take days or weeks. Over time pollutants are trapped in the sediment that accumulates on the
bottom. There may be some infiltration into the soil, but this is probably minimal in Orange
County because of the tight soils and low infiltration rates.
Particles, especially larger ones, are relatively easy to trap, but soluble nutrients have minimal
settling velocities, so biological uptake is necessary. Soluble nutrients are removed by the
biological activity of plants, alae, and other organisms that reside in the permanent pool. Plants
convert soluble nutrients into biomass which can settle to the bottom where they can be
consumed by bacteria. The ability of resident organisms to treat soluble nutrients is why wet
detention ponds are preferred over dry ponds.
Creation of the Desirable Environment
A certain pond depth and volume must be established for these pollutant trapping and treatment
processes to function properly. Consideration must be given to the particular pollutants to be
captured, the size of the developed area the pond is built for, and the total drainage area to the
pond, even if the offsite drainage area does not contribute significant pollution.
The depth, volume, surface area, and shape of the pond must be such that inflow and wave
action do not resuspend accumulated sediment and pollutants. Otherwise, pollutants will be
washed through the pond and its purpose adversely affected. This is especially important at the
shallow upper end where most pollutants accumulate as runoff enters the still water in the pond.
Specifics from studies done on the efficiency of wet ponds can be found in the references listed
in the bibliography.
Designing the Pond
To take advantage of the potential for pollutant removal, the pond must be designed to create
conditions favorable for capturing and retaining pollutants and for sustaining the desired
biological activity necessary to treat them. Such considerations as sufficient drainage area,
adequate soils, runoff calculations, engineering, inspection during construction, and periodic
inspection, maintenance, and repair must be considered.
Who Designs, Inspects, and Certifies the Pond?
A qualified registered professional engineer or landscape architect must design the pond, certify
construction in writing, and provide as-built plans.
DRAFT 4 June 1993
40
Design and Construction Standards
Determining the Minimum Volume of the Pond.
For accuracy the design must be based on a field topographic survey of the pond site. USGS
topographic maps or other sources can be used to determine total drainage area, ground cover,
existing land use, etc.
Permanent Pool
The permanent standing volume must be at least four (4) times the volume of runoff (not the
"peak rate of runoff') resulting from a one (1) inch rainfall over the entire watershed. Methods
for calculating this volume can be found the in references and other text. This design volume
should result in a pond capable of removing 85-90% of suspended solids and 65% of the
phosphorus.
Purpose of this Volume
This volume is designed to achieve an average of two weeks of retention so that sedimentation
processes occur for even small particles and to maximize biological uptake of pollutants. The
theory behind the design is that "new" polluted runoff into the pond will displace "old" treated
water in the pond from previous events. The "new" water will be held and treated until the
runoff from the next rainfall event (if the storm is heavy enough to produce any) displaces it.
As far as volume is concerned, bigger is better, but a threshold is reached where increasing it
has little additional benefit and may disturb more area.
Evaluation of the Volume Calculation
This calculation is the minimum volume of the permanent pool for water quality purposes. It
does not necessarily mean this should be the minimum volume of the pond. The watershed and
development being considered may be such that only a small volume is required. However, other
factors, such as the ratio of surface area to watershed, fish habitat, stormwater detention,
recreation, etc. must also be considered in the design. Therefore, a larger pond may be needed
or desired.
Offsite Drainage Area
In calculating this volume, if there is offsite drainage area the projected future development of
it must be taken into account in calculating the volume and and designing the outlet structures.
Reasonable estimates can be taken from the County's land use plan. This is necessary so that
the pond's function of capturing pollution and structural integrity is not threatened by future
upstream development.
Storage Volume Above the Permanent Pool
and
Control of the Peak Rate of Runoff
An additional storage volume between the permanent pool and the top of the riser must be
provided to store the runoff resulting from a one (1) inch rainfall over the drainage age. (This
DRAFT 5 June 1993
41
is the same volume of runoff used to determine the minimum volume of the permanent pool.)
The purpose is to capture and store the volume of runoff that contains most of the pollutants.
To capture this runoff the overflow device that controls the water level must be configured with
a small orifice that establishes the permanent water level but is small enough to impound this
volume and store it. The orifice must be designed so that the runoff from a one inch rainfall is
stored for not less than 2 days and not more than 5 days.
There are various methods and outlet configurations capable of meeting this requirement. It is
beyond the scope of this standard to cover the means and calculations since more than adequate
references are readily available. Refer to the references.
Sizing the Pond
Using the topographic information on the proposed site and the calculations of the required
volumes the height of the dam and the extent of the pond can be determined. A trial and error
process can be used. However, computer programs that can easily and quickly perform these
calculations are recommended that allow minipulation of the variables to discover the best fit for
the particular location.
The Dam
Suggested design procedures for the dam are those from the US Department of Agriculture Soil
Conservation Service.
A minimum of one foot of freeboard is required between the calculated maximum depth of flow
for the design storm through the spillway (where one is used) or the maximum water level (when
only a riser is used) and the top of the dam.
A maximum 3:1 slope (preferably flatter) of both sides of dam is required to facilitate mowing
and maintenance and discourage the growth of undesirable vegetation and to discourage
borrowing animals.
A qualified person must examine the soil and determine if it is suitable for holding water and
constructing the dam. During construction of the dam, supervision must be provided to ensure
that good soil is used and properly compacted. The soil used in the dam must be free of rocks
larger than 6 inches, stumps, roots, and other debris that could compromise the structure's
integrity.
If the dam height is 15 feet or more (measured from the highest point in the dam to the toe of
the dry slope in the bottom of the downstream channel) and the pond impounds 10 acre/feet or
more (measured to the crest of the dam) then the necessary permits under the Dam Safety Act
of 1967 must be obtained from the State and copies submitted.
The Basin
An average depth of 3 to 6 feet is optimal for pollutant removal and treatment. Depths over 8
feet should be avoided to prevent thermal stratification, which tend to become anoxic. However,
topography and required volume will also have to be considered. Thermal stratification and
thermal impacts can be mitigated by placing the riser in the deepest point and designing a
coldwater bottom release in the riser.
DRAFT 6 June 1993
42
The upper ends of the basin.must be configured so that inflow minimizes turbulence to promote
sedimentation and prevent resuspension of accumulated sediment and pollutants.
Cutoff Trench-
Care must be taken when excavating the cut off trench not to expose underlying rock fractures
that may cause leaks and effect the pond's ability to maintain the desired water level as well as
its appearance if multiples uses are planned.
Soils
While infiltration into the soil is desirable for pollutant removal, it should not be to the extent
that it threatens to drain the pond or lower the water level below the designed permanent
volume. (Some drawdown during the summer and draughts is almost inevitable in ponds with
small watersheds such as is expected with detention ponds.)
Soil at the site should be suitable for dam construction. A soils investigation by a qualified
professional is necessary as part of the plans.
Other Permits
Wetlands
If the pond site involves a wetland, the necessary permits must be obtained. This should be
determined as part of the site investigation.
Floodplains
If the pond will be constructed in a designated floodplain the approvals and permits necessary
to place fill will be required. This will usually not be the case since ponds designed and built
under this standard will not be located on streams large enough to have a designated floodplain.
However, maps should be checked to make sure that a floodplain from a larger stream does not
extend up a tributary where the dam is proposed.
Erosion Control
If more than 20,000 square feet will be disturbed, erosion control plan approval and grading
permit will be required. If streets and other improvements are to be made the pond can be
included in the erosion control plan for all the work.
Others
Depending upon the location, size of project, area disturbed, and other factors additional permits
may be necessary, such as an environmental assessment or evaluation, natural areas study, etc.
Shape of the Basin
A long, narrow basin maximizes the length of flow between points of inflow and the outlet
structure. Baffles can be used to increase the flow length where a long basin is not possible. A
baffle near the inlet(s) is necessary to concentrate sediment so that it can be removed
periodically. The shape and dimensions should be such that, for reasons of economy, the pond
above the baffle can be reached by a rubber-tired backhoe to remove and load sediment into a
dump truck for removal to an onsite disposal area.
Depth of Basin
To maximize pollutant capture and treatment at least 25% of the pond should be less than two
DRAFT 7 June 1993
43
feet deep. A shallow forebay and an "aquatic bench" 10 to 20 feet wide around the perimeter
is suggested. (To avoid access problems that shallow edges create for recreational use,
constructing a pier before the pond is filled can provide access for swimming, boating, and
fishing.)
The Pond Environment
Many of the characteristics of a pond that enhance pollutant capture and treatment (shallow
water, plant and algae growth) have a negative impact on its aesthetic qualities (mosquitos, odor,
turbidity, algae). These must be balanced if the pond is to serve multiple uses, such as
recreation, by providing shallow areas to encourage vegetation and deeper areas for access and
recreation.
WARNING I
Designers, developers, and potential residents must be informed that the pond will not
necessarily be an ideal water environment because its purpose of capturing and treating pollution
almost certainly precludes this. The intent is to protect water quality downstream, not in the
pond itself. To improve the quality of the water in the pond the volume should be increased
above the minimum required while not exceeding the size that the watershed can keep the pond
full.
Peak Discharge Control for Streambank Protection
An additional function of the pond must be to control the increase in the peak rate of runoff
from the site. The post-development discharge below the outlets for the two-year and ten-yeat
storms must not exceed the predevelopment rates. The purpose is to protect the receiving
channel from erosion resulting from the increased rate and volume of runoff. Installing a
dewatering device to store the one inch runoff volume above the permanent pool may meet or
exceed this requirement, but this needs to be confirmed and calculations provided.
The optimal level of flood control and streambank protection is when multiple design storms are
controlled, both the 2-year and 10-year design storm is sufficient.
Because development of the site will surely increase the rate and volume of runoff above the
pond, provisions must be made for protecting the channels upstream of the pond so that they do
not erode and cause unacceptable levels of sediment to be carried into the pond.
Pipes
The use of reinforced concrete pipe is encouraged because of its long life even though it may
be more difficult and expensive to install initially. Plain corrugated metal pipe (CMP) is not
acceptable. It must be coated (preferably aluminized) because of the short life expectancy of
plain pipe and the trouble and expense of replacement, in addition to the risk of failure of the
structure.
Pipe Inlet Protection
A trash rack or hood is required to trap debris in the pond and prevent the outlet from clogging.
Wire screen or bars across the inlet is not acceptable because trash and debris can accumulate
over the inlet and such devices reduces the efficiency of the inlet.
DRAFT 8 June 1993
44
Provisions for Draining the Pond
A means of completely draining the pond must be provided (except in the instance of an
excavated pond). This can be accomplished by extending a pipe from the riser into the basin
with a valve or gate on the end (one designed expressly for the purpose of use in a pond) or a
separate pipe through the dam with a valve on the downstream end (buried in the embankment
to prevent freezing and vandalism) to drain the pond. The device should be sized to drain the
pond within two to five days.
Aesthetics
Care should be taken in the design and construction so that the pond fits in with the surrounding
development and environment.
Debris should be burned (where possible) or otherwise properly disposed of instead of left in
a pile.
On industrial, institutional, commercial or multifamily projects other configurations of
impoundments may be more desirable to fit in with the surroundings.
Stabilization and landscaping of the finished pond should be planned with consideration given
to the appropriateness of other uses.
Sediment Storage, Removal, and Disposal
It is highly recommended to provide a sediment storage area in the forebay of the pond. Thee
goal is to concentrate the majority of the sediment in a confined area so that it can be eventually
removed. The intent is to make sediment removal more economical by confining most of the
sediment in an area that is within reach of a rubber-tired backhoe sitting on the shore. This will
hopefully eliminate the necessity and expense of having to drain the pond for excavation or bring
in a larger tracked backhoe or dragline to remove sediment.
A sediment storage area can be provided by constructing a baffle across the basin to enhance
sedimentation. The recommended method is to use a rip-rap gabion (wire baskets filled with
stone) to build the baffle. This is a long lasting method durable enough to withstand the impact
of a backhoe excavating the accumulated sediment behind it.
Sediment Disposal Area
A disposal area must be provided within the project upstream of the pond for convenience and
economy. This area must be designated on the site plan. Accumulated sediment must be removed
when half the depth is taken up in the sediment forebay.
Access
Access for maintenance and periodic sediment removal must be provided. Access connected to
a public right-of-way must be designated on the subdivision or site plan .
The access must be cleared at least 30 feet wide during construction of the pond. A stone
traveiway at least 12 feet wide and 4 inches thick must be provided down the center of the
access.
DRAFT 9 June 1993
45
Creating Optimum Conditions for Pollutant
Removal and Treatment
Creating a marsh at the inlet enhances the growth of vegetation and the trapping of sediment and
other pollutants. Aquatic benches along the sides also encourage vegetation. The plants enhance
pollutant removal by drawing nutrients from sediments. Algae attaches to these plants and can
draw nutrients directly from the water. A created wetland is desirable, but consideration should
be given to restricting vegetation to a confined area where it can be managed so the entire pond
does not become a jungle of vegetation, cold blooded wildlife, and insects.
The greatest initial settling occurs in the upper end of the pond where the larger, heavier
particles fall out as the flowing runoff looses velocity as it enters the still water in the pond. For
this reason it is necessary to provide a baffle or other structure near the inlet to concentrate
sediment accumulation where it can be reached for periodic removal as part of maintenance.
Consideration for Multiple Uses
Careful evaluation and planning is needed since vegetation may make the pond unattractive for
use as recreation and landscaping. If the pond is to be multipurpose, marshes and benches should
be isolated from other areas to be used for fishing, boating, swimming, etc.
Vegetation on or close to the dam should be discouraged and prevented through routine
maintenance. Roots can weaken the dam, and vegetation attracts burrowing animals that earl
weaken it further. Thick vegetation makes maintenance more difficult, which may delay wort
and allow growth to spread further until major clearing is required.
Refer to the sources listed in the references for more information and for suggested plants to
establish in a pond.
Safety
A fence is required around the pond to control access. Gates sized for either pedestrian or
vehicular access (for maintenance) should be installed at appropriate locations. At the designated
access to a public right-of-way the gate must be wide enough to accommodate equipment needed
to mow and otherwise maintain the pond and to excavate accumulated sediment when the time
comes.
The owner should consult with an attorney concerning liability for accidents, legal requirements
for fencing and access, insurance, etc.
Review of Pond Design
A pond can have both positive and negative impacts on the natural environment and the
development and review of the design will consider these impacts. However, develop of the site
will have impact downstream with or without the pond, so the pond is necessary to mitigate the
impact and contain pollutants before they are washed downstream.
DRAFT 10 June 1993
46
Ponds can severely disturb the sensitive ecology of headwater streams. Water can heat up rapidly
in the summer and increase downstream water temperature. This can be mitigated somewhat by
including a bottom water release, over-sizing the pond, and providing shading near the
perimeter.
Inspections and Maintenance of the Completed Structure
Inspections
The pond must be inspected at least once a year by the owner or their agent. If the owner or
homeowner's association is not capable or qualified, a qualified professional, preferably the
designer, should be retained to perform the inspections. Responsibility is the owner's even
though County personnel will perform periodic inspections to ensure continued compliance and
performance.
Inspection should look for:
embankment subsidence;
erosion of slopes or spillway;
cracking of the embankment;
growth of undesirable vegetation;
condition of riser, barrel, and other pipes,
seepage below or through dam (often indicated by wet soil below the dam);
sediment accumulation,
clogging of inlets to pipes; and
condition of upstream and downstream channel protection.
Those inspecting the pond show use as built plans. Where problems are discovered corrective
action should be initiated by the owner and not put off for County staff to discover.
Maintenance
Routine maintenance should include:
mowing grass;
fertilizing grass and reseeding areas where vegetation may have failed, particularly on
the dam and the emergency spillway;
removal of undesirable vegetation;
removal of trash and other debris that could clog the outlet structure;
removal of floating debris from the trash guard around the pipe inlet;
Dedication of land and Responsibility for Maintenance
Dedication
Responsibility of owner or owners. may be homeowners association but this can always be
dissolved so plat and agreement (deeds) must state that it belongs to the owners.
DRAFT 11 June 1993
47
Plan Submission
Predevelopment Consultation
Consultation with those reviewing the site plan and pond design are encouraged before
submission of the application for development approval. The purpose is to review the proposal
and discuss how these standards apply to the specific site. It is also an opportunity to answer
questions and attempt to work out any conflicts before submitting a formal application.
Plan Content
At a minimum the plan must include the following:
•
A topographic map of the pond location and surrounding area (not the entire watershed)
based on a field survey by a registered engineer or surveyor.
Calculations to support the requirements of this standard, assumptions, the design, etc.
including runoff, storage volumes, surface area, pipe and spillway sizing, velocity in
spillway for lining, outlet protection, flood routing, etc.
Plans of the design with pertinent information required to evaluate design and for it to
be built according to the design.
Soils investigation report performed by a qualified individual.
Profile of dam with outlet structure elevations.
Illustrative cross sections of the basin with finished elevations showing areas to be left
shallow to encourage the growth of vegetation or, if part of the design, to be deeper to
discourage growth and provide recreation or other uses.
Erosion control plan, if applicable, along with application, fees, etc. (Erosion control
should at least be considered in the design, but the actual submission of the plan for
approval will depend on the proposed date for the start of construction.)
Landscaping, stabilization, other pertinent information, such as establishing marsh
vegetation, providing recreation facilities, etc.
DRAFT 12 June 1993
REFERENCES
48
BMPs (Best Management Practices)
BMP Handbook for the Occoquan Watershed. Northern Virginia Planning District
Commission, Annandale, Virginia; August, 1987.
Northern Virginia BMP Handbook. Northern Virginia Planning District Commission.
November 6, 1992.
Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs.
Metropolitan Washington Council of Governments; July, 1987.
Pond Design
U.S. Department of Agriculture Soil Conservation Service guidelines and standards for
pond design and construction.
Stormwater Control and Detention
BMP Handbook for the Occoquan Watershed. Northern Virginia Planning District
Commission, Annandale, Virginia; August, 1987.
Controlling Urban Runoff: A Practical Manual for Planning and Designing Urban BMPs.
Metropolitan Washington Council of Governments; July, 1987.
DRAFT 13 June 1993
ORANGE COUNTY PLANNING DEPARTMENT 48a
306F REVERE ROAD
HILLSBOROUGH, NORTH CAROLINA 27278
e ....,17.%
4,
LAND USE PLAN AMENDMENT
APPLICATION
All persons requesting an amendment to the Land Use Plan of Orange
County are required to complete the following application as completely
as possible:
OFFICE USE ONLY
CP REQUEST # -�3 - 93
DATE RECEIVED: hp (/' 093
STAFF PERSON(S) RESPONSIBLE : S4gnCiiia 0
GENERAL DATA: /J� t
Property Owner(s) Name: b-4 41 � ii.e v:AVAI ',&i
Mailing Address : 1/3/0 R,,,,,,es14w (Q2 n,m7 f"„J 27>,1
Phone: (Home) 9/ - 112- T f 9 (Work) S'a�„,,
Agent( s ) Name:
Mailing Address :
Phone:
SPECIFIC DATA: 1) 3, 2{, 5, 12 12c
Tax Reference: Township AVJhA/rn Tax Map // Block Lot `iE, t2 vA %i/
Public/Private Road Name: /� 7c, `��
t3('ndshQV� Quacr�f � O�G�9e Grove Rc�. ' � ,� ,
Lot Size: Acreage , j rocLc Square Footage
Lot Frontage Lot Depth
Current Plan Category Designation( s) : General ✓ lirttazibiY./ .a.d; ,,
Activity Node Watershed ,it
Joint Planning Area
CP 49
REQUEST # - 3 -93
SPECIFIC DATA (continued) : D /J �/� ,L
Describe Land Uses in the General Area: /� e c� ea_., f[Ct
4o :nom (1161.1/ ; . ot P A-14-e-1/7 e�
On Adjacent Parcels of Land: „I - c4
A
REQUEST:
Land Use Plan Category Designations ) Requested: RURAL Net6r1BORIiOCD RCTIUITI'
Type of Amendment: Primary Secondary
ODE
* * * * * * * * * * * *
This application should be submitted with the following materials :
✓ Fully dimensioned tax map on which is highlighted the parcel,
/ or portion thereof, in question.
Legal description of the parcel, or portion thereof .
Letter of request to include:
o the tax reference, general location and owner of the
parcel
o the current and requested land use plan category
designation(s)
o a narrative stating the manner in which the proposed
amendment will carry-out the intent and purpose of the
adopted comprehensive plan or part thereof
o a statement of any other circumstances, factors and
reasons which the applicant offers in support of the
proposed amendment
o statement of the changed or changing conditions in the
area, or in the County generally, which make the proposed
amendment reasonably necessary.
I (We) , the undersigned, certify that all statements furnished in this
application are true and to the best of my (our) knowledge and that the
application as submitted is complete.
go e R.1 L /ey /i T R, ;04,1 J 4.1
/,
NAME OF APPLICANT SIGNATURE OF APP NT( S)
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53
time with RCD (Resource Conservation District)
comparable to problems which can be experienced
in Chapel Hill which prohibits construction in
such areas. Hinkley responded that in the case
of lots 4, 5 and 6 there is sufficient residual
for construction outside of the floodplain.
Willis added that the Flood Damage Prevention
Ordinance prohibits construction in the
floodplain itself unless structures are elevated
above the floodplain through engineering.
Burklin asked if the 100-year floodplain is to be
surveyed and staked out so the exact location is
evident. Yuhasz responded that USGS topo maps
are used and that elevations are not always
exact. He continued that the reason for putting
the floodplain on the plat is to let possible
buyers know that there are potential problems
before they purchase such lots. Willis noted
that distance from the floodplain is verified at
the time of application for a building permit.
If the distance is unclear, then, further survey
may be required at that point.
Scott noted that banks that are financing
construction loans also verify the possibility of
a floodplain and may require additional
surveying.
Yuhasz noted that the Environmental Health
Department has already approved septic tank sites
and repair area for the lots.
Discussion followed regarding location of the
joint driveway. Yuhasz stated that joint
driveways are usually 50 to 60 feet wide centered
along the property line. Waddell responded that
would address his concern.
MOTION: Reid moved approval as recommended by the
Planning Staff with an additional condition that
a joint driveway for lots 5 and 6 be constructed
with the improvements on the property to cross
the drainage easement. Seconded by Walters.
VOTE: 8 in favor.
1 abstained (new member) .
AGENDA ITEM #9: MATTERS PROPOSED FOR PUBLIC HEARING
a. Comprehensive Plan Text Amendments
( 1) CP-3-93 Bobby Kirk, Sr. & Jr.
54
Presentation by Mary Willis.
The property in question is located at the
intersection of Orange Grove Road and Bradshaw
Quarry Road in central Bingham Township. The
area is located within the Cane Creek Watershed
and is currently used for agricultural and
residential purposes. The area is currently
zoned AR(PW-II) .
The property is being considered for re-
designation in the Bingham Township component of
the Land Use Element of the Comprehensive Plan
from Agricultural-Residential (Protected
Watershed) to Rural Neighborhood Activity Node
(Protected Watershed) . Areas designated as Rural
Neighborhood Activity Nodes are located in rural
areas at intersections of collector or arterial
roads and are suitable for small-scale commercial
uses characteristic of "Mom and Pop" convenience
stores and gas stations.
Burklin asked for more information about this
proposed amendment. Cantrell responded that sle
was at the Bingham TAC meeting when Mr. Kirk
talked about his request. She noted that he
indicated he wanted to build a country store to
handle some agriculture products. It is hoped
that such a business would, while providing a
profit for the Kirks, also provide some savings
to farmers in the area.
Willis noted that the community seemed to be
greatly in favor of the proposed amendment and
the business as proposed by Mr. Kirk.
(2) CP-4-93 Watershed Protection
b. Zoning Atlas
( 1) Little River and Cedar Grove Townships
c. Zoning Ordinance Text Amendments
( 1) Article 4.2.27 - Watershed Protection Overlay
Districts - Intent & Application Criteria,
(2) Article 6.23 - Extra Requirements for
Watershed Protection Overlay Districts
(3) Article 22 - Definitions
(4) Appendix - Detention Pond Design Standards
d. Subdivision Regulations Text Amendments
Items 9a (2) and items 9b, c and d were all
55
handled by Willis in the same presentation since all
of the items are linked to the State Watershed
Protection Standards and the Zoning of Little River
and Cedar Grove Townships.
These items are to consider proposed amendments to
the Orange County Zoning Atlas, Zoning Ordinance,
Subdivision Regulations and Land Use Element of the
Comprehensive Plan for the purpose of extending
zoning to Little River and Cedar Grove Townships and
implementing State Mandated watershed protection
standards. (The abstract and complete information
and attachments are on file in the agenda file in
the Planning Department. )
Willis noted that the State classification goes from
WS-I to WS-V with WS-I being the pristine water
supply. Orange County does not have any WS-I
watersheds. There are six WS-II watersheds in
Orange County; University Lake, Cane Creek, Upper
Eno, Little River, Back Creek and South Hyco Lake.
The minimum standards of the State for WS-II
watersheds are basically one-acre minimum lot size
with a 12% impervious surface limit with the
critical area being further restricted to two-acrd
minimum lot size and 6% impervious surface limit.
There are other provisions of the State mandate but
the impervious surface and density limitations are
the most critical.
Willis stated that when the existing County
standards are more stringent than the State
Standards, the Planning Staff is recommending that
the County keep the more stringent standards. When
the existing County standards are less stringent
than the State, then, the County must amend the
existing standards to State standards.
Using a county map, Willis indicated the watersheds
and critical areas and reviewed the State mandates
and current County standards for each. (All of this
material is in the agenda file in the Planning
Department. )
Willis explained that non-residential development,
which includes uses such as churches and schools
which are allowed in residential zoning districts,
could have an impervious surface of up to 70% in 5%
of the watershed. This represents the minimum
standard required by the State mandate.
Walters asked if there is a way to separate the
Efland Area from Cedar Grove. Willis responded that
it would be possible to separate part of the
56
watershed into sub-basins. However, this would
create problems regarding the use of 70% in 5% of
the watershed. She continued that the watershed
standards are contained in the zoning overlay.
The Townships of Cedar Grove and Little River must
be zoned with the base underlying zone and then
place the other regulations on top of that. Even
with this being treated as a high density watershed,
when you look outside the transition area, the
underlying zoning goes back to the one acre and two-
acre minimum lot sizes and impervious surface
limits that are currently in place.
Walters stated that Cedar Grove is the largest area
affected by the watershed regulations and it also
has the most erodible land. She expressed concern
that it is already devastating to farmers to comply
with existing regulations through the Soil and Water
Conservation. Willis responded that there are some
provisions included in the State rules about
detention ponds on farms directly related to the
number of animals on the farm. However, farming/
agricultural uses are not subject to the zoning
regulations.
Willis stated that the Flat River Watershed is
designated by the State as WS-III which allows for
higher densities and more impervious surface than
WS-II. This is the only WS-III designation in
Orange County.
A technical study prepared by Camp, Dresser and
McKee for the City of Durham in 1989 entitled
"Watershed Management Study: Lake Michie and Little
River Reservoir Watersheds" recommended the more
stringent lot size and impervious surface limits.
Several years ago, when watershed protection
initiatives were being considered, the City of
Durham officially requested that Orange County adopt
a two-ace standard as recommended by the Study.
Durham County recently enacted similar standards in
the rural portions of that watershed in Durham
County. For these reasons, the Planning Staff is
recommending adoption of a higher standard than that
required by the State Mandate in the Little River
and Flat River Watersheds.
Willis continued that the Lower Eno, Jordan Lake and
Haw River Watersheds are classified as WS-IV. The
underlying zoning is more restrictive than the State
standards. Very little change is proposed for these
watersheds. WS-IV standards are much less
restrictive than WS-II but there are standards that
relate to impervious surface and detention ponds.
57
Reid asked if the 12% impervious surface regulations
affect the size of a pond that could be built on a
one-acre tract. Willis responded that the fact that
it is a one-acre tract would satisfy the State
requirement since a lot that is at least an
acre is not require to apply impervious surface
standards. The County would review the impervious
surface per lot.
In order to apply the watershed protection overlay
districts to Cedar Grove and Little River Townships,
it is necessary to extend zoning to those areas.
The proposed zoning is consistent with the existing
Comprehensive Plan. There will be no substantive
changes to the Comprehensive Plan at this time. The
underlying zoning district of all of Cedar Grove
Township and most of Little River Township is
proposed to be the Agricultural Residential (AR)
zoning district.
Using a map, Willis explained and indicated the
existing activity nodes. She noted that field
surveys did not indicate any significant future
problems with zoning district designations.
AGENDA ITEM #10: PLANNING BOARD ITEMS
a. FY 1993-94 Goals and Objectives
Presentation by Marvin Collins.
In March of 1993, the Planning staff prepared
revisions to the goals, objectives, action plans,
• and timetables and distributed them to the
Commissioners for review. The Board was expected to
approve the FY 1993-94 goals at its May 3, 1993
meeting. However, concerns were expressed about the
steps needed to resolve differences regarding the
rural character strategies.
Although the Board adopted the goal statements as
part of the FY 1993-94 budget, the County Manager
intends to present updated goal statements to the
Board of Commissioners at its August 4, 1993 meeting
for discussion/final decision. The updated goals
must contain realistic but challenging schedules,
since he and the Board expect stricter adherence to
timetables. This expectation is due, in part, to
the Board's approval of a number of new positions,
including a new Planner II position to assist the
Planning Director.
The changes in FY 1993-94 goals are attached to
these the minutes on page . The Plan of