HomeMy WebLinkAboutAgenda - 05-02-2017 - 6-c - Amendments to the Water and Sewer Management, Planning, and Boundary Agreement 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: May 2, 2017
Action Agenda
Item No. 6-c
SUBJECT: Amendments to the Water and Sewer Management, Planning, and Boundary
Agreement
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT: (919)
1. Resolution & Maps Craig Benedict (Orange County), 245-
2. Overall WASMPBA Map with Proposed 2592
Perdita Holtz (Orange County), 245-
Amendments Shown 2578
3. Existing OWASA Service — Smith
Level Road Area Trish McGuire (Carrboro), 918-7324
4. Ruth Rouse (OWASA), 537-4214
. Existing Water and Sewer
Management, Planning, and Boundary Margaret Hauth (Hillsborough), 732-
1270 x86
Agreement
Ben Hitchings (Chapel Hill), 968-2731
PURPOSE: To consider adopting amendments to the Water and Sewer Management,
Planning, and Boundary Agreement (WASMPBA) map.
BACKGROUND: The Water and Sewer Management, Planning, and Boundary Agreement is
was signed in 2001 between Orange County, the Orange Water and Sewer Authority (OWASA),
and the Towns of Chapel Hill, Carrboro, and Hillsborough. The agreement (included for
reference purposes as Attachment 4) provides a comprehensive county-wide system of utility
service areas upon which signatory entities could rely when making decisions related to issues
such as planning, land use, annexation, zoning, and growth management.
Potential amendments to the WASMPBA map were presented to the Board of County
Commissioners at the February 13, 2017 work session. The amendments currently proposed
for adoption include only areas south of the Hillsborough Economic Development District (EDD)
and areas in the vicinity of Smith Level Road in the Town of Carrboro's Extraterritorial
Jurisdiction. The February presentation included areas north of Chapel Hill, but Town of Chapel
Hill staff is currently studying those potential amendments and not ready to move forward.
However, Orange County and the Town of Carrboro are interested in moving forward at this
time with the two areas under consideration in this agenda item.
Orange County/Hillsborough EDD Area
The proposed amendments in the Hillsborough EDD Area include:
2
• Designating 87.5 acres "Primary Service Area". This area is currently "Hillsborough
Long-Term Interest Area". Designating the area "Primary Service Area" would allow
extension of public water and sewer systems into the area.
In the interest of disclosure, Orange County has received a Master Plan Development
conditional zoning application that includes a large portion of the area proposed to become
"Primary Service Area" (the area east of Old Highway 86). These WASMPBA amendments are
prerequisites to considering amendments to land use and zoning designations that would allow
for greater development potential in this general area, an area in which Orange County is
planning to invest approximately $1.6 million in sewer infrastructure. The area proposed for
addition to the Primary Service Area is serviceable by gravity sewer.
Town of Carrboro ETJ/Smith Level Road Area
Town of Carrboro and OWASA staff began researching the status of this area when contacted
by a person interested in possibly developing in the southern portion of the area proposed for
"Primary Service Area" designation. As the map in Attachment 3 shows, many parcels in this
area are already served by OWASA water and sewer systems, and have been since long
before the WASMPBA was adopted (some services go back to the 1960s). The Town of
Carrboro's long-time zoning designation for the area is R-10 (Residential, 10,000 square feet
per dwelling unit), which is too small a lot size on which to locate well and septic systems.
Staffs are at a loss to explain why this area was not designated "Primary Service Area" when
the WASMPBA was adopted in 2001, particularly since the area is not listed in the text of the
Agreement (Section IV of Agreement in Attachment 4) as an exception area. Nevertheless, the
adopted WASMPBA map currently designates the area in question as "OWASA Long-Term
Interest Area" so new water or sewer connections cannot be permitted.
The proposed amendments in the Smith Level Road Area include:
• Designating 20.6 acres "Primary Service Area".
Attachment 1 is a Resolution to approve the amendments with maps depicting the geographic
extent of the amendment areas. The map in Attachment 2 shows the overall WASMPBA map
with the proposed amendments overlaid on the map.
All signatory parties to the Agreement must approve the amendments before they are effective.
Proposed dates for adoption consideration are:
Orange County May 2, 2017
Town of Carrboro May 16
Town of Hillsborough June 12
Town of Chapel Hill June 12
OWASA May 25 or June 8
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
• GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND
ENVIRONMENTAL POLICIES
3
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
FINANCIAL IMPACT: Work required to achieve the amendments to the Water and Sewer
Management, Planning, and Boundary Agreement has been completed by existing staff.
RECOMMENDATION(S): The Manager recommends the Board adopt the resolution amending
the Water and Sewer Management, Planning, and Boundary Agreement.
4
Attachment 1
Resolution # RES-2017-024
RESOLUTION
WHEREAS, in 2001, Carrboro, Chapel Hill, Hillsborough, Orange County, and
OWASA adopted a Water and Sewer Management, Planning and Boundary
Agreement ("Agreement"); and
WHEREAS, the Agreement was last amended on October 5, 2010, and
WHEREAS, Orange County is planning to invest approximately $1.6 million in
sewer infrastructure to serve the southern portion of the Hillsborough Economic
Development District, and
WHEREAS, additional lands are serviceable by gravity sewer lines but currently
designated "Hillsborough Long-Term Interest Area" by the Agreement; and
WHEREAS, Orange County finds it is a wise use of public funds to increase the
development potential within this designated area, located immediately south of
the Hillsborough Economic Development District; and
WHEREAS, The Town of Carrboro's staff has identified an area within the
Town's Extraterritorial Jurisdiction currently extensively served by public water
and sewer systems; and
WHEREAS, the identified area is currently designated as "OWASA Long-Term
Interest Area: in the Agreement; and
WHEREAS, amendments to the Agreement require the approval of all
signatories to the Agreement.
NOW THEREFORE, BE IT RESOLVED that the Orange County Board of
Commissioners approves amendments to Appendix A of the Agreement to
designate additional "Primary Service Area" as shown on the maps attached
hereto.
Upon motion of Commissioner , seconded by
Commissioner , the foregoing
amendments were adopted this the day of ,
2017.
Donna Baker, Clerk, Orange County Commissioners
5
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Attachment 2 7
Appendix A
Water and Sewer Management Planning and Boundary Agreement_,
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Updated Hillsborough Primary Service Area,Miriam Coleman,10/22/08
Updated Streets,Miriam Coleman,2002
Revised Map to show retracted Chapel Hill Urban Service Boundary,Carne Whitehill,11/14/01
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8
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Attachment 4 9
Amended October 5, 2010 (Appendix A Map; Add
Appendix F map; Text changes to Section IV, subsection
B and Section III)
WATER AND SEWER MANAGEMENT, PLANNING
AND BOUNDARY AGREEMENT
This AGREEMENT, made and entered into this 3rd day of_December, 2001_by and
between the COUNTY OF ORANGE, a political subdivision of the State of North
Carolina; the TOWN OF CARRBORO, the TOWN OF CHAPEL HILL, and the
TOWN OF HILLSBOROUGH, municipal corporations duly created and existing
under the laws of North Carolina; and the ORANGE WATER AND SEWER
AUTHORITY, a public water and sewer authority duly created and existing under
Chapter 162A, Article 1 of the North Carolina General Statutes.
WITNESSETH:
In consideration of mutual benefits regarding the definition of water and sewer service
boundaries and the management and planning thereof, the parties to this agreement
hereby mutually agree as follows:
I. PREAMBLE
A. Charge to the Water and Sewer Boundary Task Force
Since the mid-1980's, several attempts to define water and sewer service
boundaries for Orange County and the municipalities of Chapel Hill,
Carrboro and Hillsborough have been undertaken. In 1994, a Task Force
was formed consisting of elected officials from Carrboro, Chapel Hill,
Hillsborough and Orange County, as well as two members of the Orange
Water and Sewer Authority Board of Directors. The charge to the Water
and Sewer Service Boundary Task Force is attached as Appendix B.
B. Purpose of Water and Sewer Boundary Agreement
1. To provide a comprehensive, County-wide system of service areas
for future utility development and interest areas for dealing with
private water and wastewater system problems in areas without
public water and sewer service.
10
2. To complement growth management objectives, land use plans
and annexation plans in existing agreements, such as the Orange
County-Chapel Hill-Carrboro Joint Planning Agreement and Joint
Planning Area Land Use Plan
3. To resolve in advance and preclude future conflicts about future
service areas and annexation areas.
4. To provide for predictable long-range water and sewer capital
improvement planning and financing.
5. To provide for limitations on water and sewer service in certain
areas, as defined.
II. HOW THE AGREEMENT WORKS
A. Effective Date of the Agreement
This agreement shall become effective upon execution by all of the
parties and signature by the chief elected or appointed official.
B. Term of Agreement
This agreement shall remain in effect for ten (10) years from its
execution, and shall be renewable as provided in the following
subsection.
C. Procedure for renewal
At the end of each ten year term, the agreement shall renew
automatically, unless written notice is provided of intent to withdraw as
noted in subsection E below.
D. Procedure for proposing and acting on changes in agreement
including boundaries
1. Any change to the agreement (including boundaries) requires
approval of all parties to the agreement.
2. The addition of other parties to this agreement shall be by consent
of the current parties.
E. Procedure for withdrawal from/decision not to renew the
agreement
11
1. A party may not withdraw from the agreement, until it holds a
public hearing on the proposed withdrawal followed by written
notice to the other parties within 30 days of the public hearing.
The withdrawal shall be effective one (I) year following receipt by
the other parties of the written notice.
2. If a party to the agreement withdraws as provided above, the
agreement remains in effect as to the other parties until all but one
party withdraws in the manner provided for the in this agreement.
F. Accountability of Future Parties
Future utility providers that wish to become parties of this agreement
must be financially and technically capable of providing water/sewer
service to address public health emergencies or other identified public
facility needs, as defined by the parties of the boundary agreement. The
provider must have adequate system capacity, technical capability and
financial assets to address system problems within its interest area
without compromising service to current customers.
G. Courtesy Review of Development Proposals Within Service and
Interest Areas
The water and sewer providers that are parties to this agreement will be
provided courtesy review and the right to provide written input into
utility design and the provision of easements for all new major
subdivisions and other residential and nonresidential site plan approvals
within their service area and interest area. The party to this agreement
with development plan review authority shall retain approval authority
for all development proposals within its planning jurisdiction.
H. Linkage with the Orange County-Chapel Hill-Carrboro Joint
Planning Agreement and other future agreements
This agreement shall be made part of the Orange County-Chapel Hill-
Carrboro Joint Planning Agreement, by reference, and to any future
cooperative planning agreements that may be entered into among some
or all of the parties. Termination of the Joint Planning Agreement or any
other cooperative planning agreement does not terminate this agreement.
Termination of this agreement can only be accomplished as provided in
this agreement. Similarly, the withdrawal of a party from the Joint
Planning Agreement or from any other cooperative planning agreement
does not constitute withdrawal from this agreement. Withdrawal from
this agreement can only be accomplished as provided in this agreement.
12
III. DEFINITIONS
Primary Service Area: An area (as shown on the Water and Sewer Service
Boundary Map, which is Appendix A) where water and/or sewer service is now
provided, or might reasonably be provided in the future, according to adopted
plans and future amendments to adopted plans (hereinafter referred to as
"service area")2.
2 As per the map in Appendix A.the Town of Hillsborough Long-Term Interest Area and Primary Service Agreement are combined and for purposes of
this agreement is its Primary Service Area
OWASA Long-Term Interest Area: An area (as shown on the Water and
Sewer Service Boundary Map, which is Appendix A) within which public
water and/or sewer service is not anticipated to be made, but if such services
are to be provided, OWASA will be the responsible utility service provider.
Long-Term Interest Areas are not service areas, and do not include areas
outside of Orange County. OWASA's Long-Term Interest Area is hereinafter
referred to as OWASA's "interest area."
Orange County Long-Term Interest Area: The areas of Orange County
planning jurisdiction (as shown on the Water and Sewer Service Boundary
Map, which is Appendix A) not part of a Primary Service Area or another
Long-Term Interest Area within which public water and/or sewer service is not
anticipated to be made, but if such services are to be provided, Orange County
will be responsible for coordinating the provision of utility service. Long-Term
Interest Areas are not service areas, and do not include areas outside of Orange
County. Orange County's Long-Term Interest Area is hereinafter referred to as
Orange County's "interest area."
Hillsborough Long-Term Interest Area: An area (as shown on the Water
Added 10-5-2010 and Sewer Service Boundary Map, which is Appendix A) within which public
water and/or sewer service is not anticipated to be made, but if such services
are to be provided, the Town of Hillsborough will be the responsible utility
service provider. Long Term Interest Areas are not service areas, and do not
include areas outside of Orange County. Hillsborough's Long-Term Interest
Area is hereinafter referred to as Hillsborough's "interest area."
Essential Public Facility: A publicly-owned facility, or a facility wholly
financed by Federal, State or local government (or a combination thereof) that
provides a service for the health, safety and general welfare of County residents
(for example, a school, fire station, public safety substation or solid waste
convenience center).
13
Adverse Public Health Condition: An Adverse Public Health Condition exists
in the case of a wastewater system(s) when it is (1) failing, (2) documented to
be failing by the Orange County Health Department, and (3) no on-site repair is
approvable or recommended by the Orange County Health Department; or, in
the case of a well water supply system, it meets all of the following criteria:
• the well water supply system is contaminated with a microbial,
chemical or other agent which is known to cause disease or other
serious health effects;
• the well water supply system is not reparable to the point where
the contamination can be eliminated;
• the water from the well water supply system is not treatable prior
to withdrawal to the point where the threat of disease or serious
health effects is eliminated; .
• there is no alternate location on-site for a new well water supply
system which can be permitted under Orange County Health
Department regulatory criteria in effect at the time of the
contamination or an alternative site is unacceptable because
widespread existence of contamination or because of the potential
of contaminant migration to the alternate site. A description of
these terms and their application is provided in Section VI of this
Agreement.
Public Water or Public Sewer Service: The provision of water and/or sewer
service by a party to this agreement. This definition does not include consulting
services and/or technical assistance services.
Emergency Water Transfer: Any short-term transfer of raw water supply or
finished drinking water supply from one service provider to assist another
service provider in meeting water needs during:
a) unanticipated disruptions or emergencies relating to raw or finished
water supply. Such disruptions or emergencies may result from events
including, but not limited to: (i) human error; ii) equipment or power
failure; iii) supply contamination; iv) major fires, floods, droughts or
other disasters; and v) operations or facility maintenance activities, or
b) periods when temporary, short-term disruption of water supply or
finished water service may occur as a result of planned or unplanned
maintenance of major water supply, pumping, transmission, treatment, or
storage facilities.
Non-Emergency Water Transfer: Any transfer from one water service
provider to another water service provider of raw water supply or finished
drinking water supply which is not an emergency water transfer.
14
Wastewater Transfer: Any transfer from one wastewater service provider to
another wastewater service provider.
Water and/or Sewer Provider: A municipal corporation, county, private non-
profit water system, or public water and sewer authority under the N.C. General
Statutes that provides water and/or sewer service to the public.
IV. BOUNDARIES
A. Service Areas and Interest Area Boundaries
The service area and interest area boundaries are as shown in Appendix A.
B. Adherence to Boundaries
1. The boundaries on the map (Appendix A) define the areas in
which the parties may provide water and sewer service, and no
party to this agreement shall extend service beyond the designated
boundaries, except as provided in this agreement. In no case shall
service be extended beyond the boundaries of Orange County
without the approval of the elected boards which exercise
planning jurisdiction on either side of the County boundary. Any
extension of lines or service into Chatham County requires the
approval of Orange County, Chapel Hill or Carrboro, and
OWASA.
2. OWASA presently provides water and sewer service outside of
the OWASA Service Area shown on Appendix A as follows:
Location service provided
Heritage Hills Subdivision water and sewer
Rangewood Subdivision water and sewer
Piney Mountain Subdivision sewer only
OWASA may continue to provide water and sewer service and
may extend water and sewer service within these subdivisions
provided it does so consistent with OWASA policies and
interlocal agreements related to these services that exist on the
effective date of this agreement. Any change to those policies and
interlocal agreements after the effective date of this agreement can
only be accomplished by an amendment to this agreement.
15
Added 10-5-2010 3. The Town of Hillsborough presently provides water service outside
of the proposed Hillsborough Primary Service Area shown in
Appendix A as follows (see Map in Appendix F for precise
locations):
1. Along NC 86S to slightly south of New Hope Church Road
2. Joppa Oaks, Byrdsville, Wyndfall, and Strayhorn Hills
neighborhoods
3. Wayside Baptist Church area
4. Lands across Strouds Creek Rd from Mars Hill Baptist
Church and Pathways Elementary School
5. Portions of the Watkins Rd, former Mill Run subdivision and
Perry farm
6. Along Orange Grove Road southwest of Interstate 40 and
along New Grady Brown School Road to Dimmocks Mill
Road and along Old Grady Brown School Road
The Town of Hillsborough may continue to provide water service to
these areas but may not extend water service in these areas or
outside of the Primary Service Area.
V. PROCEDURES FOR PROVIDING SERVICE
A. Policy Issues
Planning and growth management issues are influenced by the location of
water and sewer. This agreement is not intended to supersede other land use
agreements made by the local governments.
B. Procedures for the provision of service within the Service Areas and
Interest Areas
1. When water and sewer service provision is required to address an
adverse public health condition, or to provide service to an
essential public facility, the designated provider for the service
area or interest area shall have the right of first refusal to provide
such service.
2. Within the service areas and interest areas, the water and sewer
provider will agree to provide service, as defined in this
agreement, as system capacity, financial resources, and other
reasonable utility considerations allow, and as provided in this
agreement.
C. Policy of"first-refusal"
16
1. The designated water and sewer provider within a service area or
interest area has first right to provide service if an adverse public
health condition or essential public facility service need is
established, and public water or public sewer service is
determined to be required to address the adverse public health
condition.
2. If the designated water and sewer provider declines to provide
service, it must notify the other parties to the agreement with a
statement of rationale.
3. The designated water and sewer provider may contract with
another service provider to address the situation, in the manner
prescribed in Section VI of this agreement, upon consultation with
other jurisdictions.
4. If no other water and sewer provider is available, Orange County
retains the right to address the adverse public health condition or
essential public facility need in the manner prescribed in Section
VI of this agreement.
VI. LIMITATIONS ON SERVICE
A. Prohibitions and Limitations on Extension Into Interest Areas
The development of land within interest areas is not projected to occur at
urban densities, and therefore, public water and sewer service shall be
prohibited in these areas, except as provided in this agreement {Section
VI.B, VLC, VLD, VLF, VILA, VII.B, VILC}3. Individual onsite and
small/community-scale alternative water supply and wastewater
treatment systems not physically connected to central systems will be the
primary methods of meeting the water and sewer service needs of
existing and future development.
3.zbzd
B. Adverse Public Health Conditions
An exception to the prohibition of public water and sewer service in
interest areas may be made to allow the extension of lines in the event
the Orange County Health Department documents an "adverse public
health condition."
An adverse public health condition exists where:
17
1. In the case of existing wastewater system(s), it meets all of the
following criteria:
• the wastewater system is failing;
• the wastewater system is documented to be failing by the
Orange County Health Department;
• there is no on-site repair approvable or recommended by
the Orange County Health Department.
The following terms used in the criteria above mean:
Failing Wastewater System: A wastewater system is failing when
sewage •or effluent is seeping or discharging to the ground surface or to
surface waters. A permitted, properly-functioning non-discharge
wastewater system (e.g., a spray-irrigation system) and a permitted,
properly-functioning discharge system are not failing wastewater
systems.
Approvable On-Site Repair: An approvable on-site wastewater system
repair that can be completed in a designated repair area which is
approvable under Orange County Health Department regulatory soil/site
criteria in effect at the time of the needed repair.
Recommended On-Site Repair: A recommended on-site repair is one
that is not an approvable on-site repair, but is one that in the best
professional judgment of the Orange County Health Department will
reasonably enable the system to function properly. A recommended on-
site repair may incorporate engineered design (a design certified by an
engineer to overcome all soil/site limitations in the particular situation),
site or system modification, flow reduction or other measures calculated
to improve functionality of the system.
2. In the case of an existing well water supply system(s), it meets all
of the following criteria:
• the well water supply system is contaminated with a
microbial, chemical or other agent which is known to cause
disease or other serious health effects;
• the well water supply system is not reparable to the point
where the contamination can be eliminated;
• the water from the well water supply system is not
treatable prior to withdrawal to the point where the threat of
disease or serious health effects is eliminated;
• there is no alternate location on-site for a new well water
supply system which can be permitted under Orange
County Health Department regulatory criteria in effect at
18
the time of the contamination or an alternative site is
unacceptable because widespread existence of
contamination or because of the potential of contaminant
migration to the alternate site.
The following terms used in the criteria above mean:
Well: A well is any excavation that is cored, bored, drilled,jetted,
dug or otherwise constructed for the purpose of locating, testing,
developing, draining or recharging any ground water reserves or
aquifer, or that may control, divert, or otherwise control the
movement of water from or into any aquifer.
Well Water Supply System: A well water supply system is any
well that is intended for use or is usable as a source
of water supply for domestic use (including household purposes,
farm livestock, or gardens) and the pump and pipe used in
connection with or pertaining thereto, including well pumps,
distribution pipes, plumbing pipes, tanks, fittings, and water
treatment devices.
The Orange County Health Department shall make the determination as
to whether an adverse public health condition exists, and shall make a
recommendation on the appropriate remedy to the governmental
entity(ies) in the appropriate interest area.
The final decision to use any particular means or tool for rectifying any
particular adverse public health condition remains, through zoning
regulations or other land use ordinances, with the governmental entity or
entities having zoning or planning jurisdiction over the area where the
adverse public health condition exists. In the Orange County-Chapel
Hill-Carrboro Joint Planning Area, the Joint Development
Review Areas shall be used to determine which of the JPA parties shall
jointly decide on the appropriate means or tool for rectifying an adverse
public health condition. Public water or public sewer .lines extended to
provide service to an adverse public health condition or essential public
facility cannot be used for other purposes or other parties, except as
provided in Section VLD.
C. Sizing of Lines Extended Into Interest Areas
The extension of public water or public sewer lines into an interest area
shall be sized so as to comply with State technical and engineering
regulations and only to serve the intended use, as defined in this
agreement. However, in the case of a public water line extension,
19
provisions shall be made to address adequate line sizing for pressure and
volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide service to an
adverse public health condition or essential public facility cannot be used
for other purposes or other parties, except to remedy another adverse
public health condition.
E. Siting of Essential Public Facilities Within Interest Areas
The location of some essential public facilities, particularly schools,
requires special consideration for access to public water and sewer lines.
Where possible, schools shall be sited in a manner that promotes the
efficient use of existing water and sewer service. Preferably, a set of
criteria governing such situations would be developed based on
consultations between the appropriate school boards and the elected
officials of affected jurisdictions, and applied as necessary. Publicly-
owned facilities other than a public school shall be located in a manner
that promotes the orderly provision of water and sewer service. The
preferred method of connection is to lines that already exist, or in a
manner that would minimize the need to extend existing lines.
F. Water and Sewer Service Into/Out of Orange County
Water and sewer service of any of the service providers that are parties
to this agreement shall not be extended outside of the boundaries of
Orange County without the approval of the elected boards which
exercise planning jurisdiction on either side of the County boundary.
Any extension of lines or service into Chatham County requires the
approval of Orange County, Chapel Hill or Carrboro, and OWASA. This
approval is not required when water and sewer service is required as a
condition of annexation by the towns of Chapel Hill or Carrboro.
VII. WATER TRANSFERS AND WASTEWATER
TRANSFERS
A. Emergency Water Transfers (This subsection shall not apply to any
system operated by a municipality)
Emergency water transfers are transfers that:
21
planning for future growth and associated increases in water supply
needs, rely upon water from the other party supplied under this
agreement to serve such growth.
a. A service provider experiencing a water emergency and
receiving emergency water transfers must agree to act
expeditiously and adequately to mitigate and remove the
causes of the emergency conditions.
B. Non-Emergency Water Transfers (This subsection shall not apply to
the Town of Hillsborough until January 1, 2005.)
Non-emergency water transfers are only permitted with the approval of the
Orange County Board of Commissioners and the elected or appointed
boards of the service providers providing and/or receiving the transfer. If
OWASA is the service provider, approval must come from the OWASA
Board of Directors and the elected boards of Carrboro, Chapel Hill and
Orange County.
C. Wastewater Transfers
Wastewater transfers are only permitted with the approval of the Orange
County Board of Commissioners and the elected or appointed boards of
the service providers providing the transfer. If OWASA is the service
provider, approval must come from the OWASA Board of Directors and
the elected boards of Carrboro, Chapel Hill and Orange County.
VIII. LINKAGE TO OTHER AGREEMENTS
Linkages to Other Agreements
There are a number of existing agreements among the parties to this agreement
that are relevant to the management and planning of public water and sewer
service. In addition, this agreement and those listed below should all be read
together. Where inconsistencies exist, this agreement shall control, except as
otherwise provided by law. Included among these relevant agreements with
linkages are:
• Hillsborough-Durham Service Area Agreement
• OWASA-Durham Service Agreement
• Eno River Capacity Use Agreement
• Hillsborough/Orange-Alamance Water Systems Agreement
• OWASA-Hillsborough Service Agreement
22
• OWASA-Hillsborough Bulk Water Transfer Agreement
• Chapel Hill-Durham Annexation Agreement
• Mutual Aid Agreement
• Jordan Lake Allocations from NC DEHNR
• OWASA Agreements of Purchase and Sale between 1) OWASA and
Carrboro, 2) OWASA and Chapel Hill, and 3) OWASA and UNC
• OWASA Agreement and Policy related to extensions of water and sewer
into University Lake Watershed (applicable to water and sewer service
to Rangewood Subdivision and Heritage Hills Subdivision)
• OWASA-Orange County Agreements related to Piney Mountain
Subdivision sewer service
IX. APPENDICES
Amended 10-5-2010 A. Water and Sewer Service Boundaries Map
B. Charge to the Water and Sewer Boundary Task Force
C. Toolbox of Remedies for Adverse Public Health Conditions
D. Joint Planning Area Boundary Map
E. Comprehensive Plan Land Use Maps for all Orange County local
governments, and of Chatham County
Added 10-5-2010 F. Town of Hillsborough Existing Water Service Outside of Primary
Service Area
23
,d, 1
.2 F. ,
THIS 4GREFNIET ENTERED INTO THIS .; DAY OF
"
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24
Appendix A
Water and Sewer Management Planning and Boundary Agreement
Iv
a rte. adi
�
IF
tOkillith, • ,„,
rap, r
► �� . �,,�,,,,f,,cc .4...
i ��� .� ►,iiii, ���� N
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q `i rOPWOrirt I j =�a .� V
�� ."'° w deb ai '✓
r ; � Hillsborough, ®�. !�
17* ' -.101--rli 0 A No,/4 i yam/ �,,°"le/
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ilo
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�l, __„\.,„, 4„..,,...„...„, ....fit ,.....„4,11Sv C ip Legend
i 1 r `, p `���r"--4444 Hillsborough Long-Term Service Area
��
�` . , .�_, �� , % Hillsborough Primary Service Area
r� r r ®��'�, -
® �, 3 ' OWASA Long-Term Interest Area
a
ilk
ii 44, 1 & W� �r®er w 34� 4 Orange County Primary Service Area 14.
tir
$1i4t* �' e �C m AVA"o1e�,,,, Orange County Long-Term Interest Area� �� ^� � � '� l Chapel Hill tyA¢ii"'
�. xr- iii f 2il1 ��w Rural Buffer Boundary
5+ i tl pp
4r ' At `�,�j�, � � ����� 0 1 2 3 4
�.�:.Z/ r 91 4 .'m Miles
"+ + ,r*". 1 inch =3 miles
, � tsaro� � j..,
' � Orange County Planning and Inspections Department
� �
� Added Hillsborough Long-Term Service Area,Minam Coleman,10/5/10
Revised Orange Country Primary Service Area,Minam Coleman,10/5/10
Updated Hillsborough Primary Service Area,Miriam Coleman,10/22/08
Updated Streets,Minam Coleman,2002
Revised Map to show retracted Chapel Hill Urban Service Boundary Carrie Whitehill,11/14/01
Original Map Prepared by Beth McFarland,04/17/97
25
Appendix B
A RESOLUTION APPROVING A PROPOSED COMPOSITION OF AND CHARGE TO A
COMMITTEE TO PROPOSE UTILITY SERVICE AREA BOUNDARIES, AND
APPOINTING TWO COUNCIL MEMBERS TO SERVE ON THE COMMITTEE
(94-4-11/R-5)
BE IT RESOLVED that the Council of the Town of Chapel Hill approves
the following composition of and charge to a committee to proposed
. utility service area boundaries .
Purposes of considering water and sewer service area boundaries:
To enable local governments and utilities to make long-term
plans with known rather than continuously changing boundaries.
To eliminate or minimize the potential for conflicts regarding
utility service areas and future annexation areas.
To complement the existing framework of land USA plans under
the Joint Planning and Cooperative Planning agreements.
Composition: Two representatives from each of the followifig
entities :
Orange County Board of Commissioners
Hillsborough Board of Commissioners
Carrboro Board of Aldermen
Chapel Hill Town Council
Orange Water and Sewer Authority Board of Directors
Charge 1: To make a report and recommendations by October, 1994 to
the Orange County Board of Commissioners, Hillsborough Board of
Commissioners, Carrboro Board of Aldermen, Chapel Hill Town Council
and Orange Water and Sewer Authority Board of Directors regarding
long-term water and sewer service area boundaries in Orange County.
Charge 2 : To develop a proposal for water and sewer service areas
which is based on broad policy considerations of the elected
boards, including those policies in intergovernmental planning
agreements.
Charge 3 : . The Committee's report to be submitted in October, 1994
shall be considered a proposed basic framework as a starting point
for developing an agreement(s) . This report shall not include a
discussion of oversight of community or alternative wastewater
systems or of the timing of public water or sewer extensions within
long-term service area boundaries.
Charge 4 : If the boards represented on the Committee agree in
principle on a proposal for long-term service area boundaries, the
Committee shall draft a proposed agreement(s) for consideration by
the local government and utility boards . This agreement may provide
26
that matters involving extension of public water and sewer in the
Rural Buffer are to be separately discussed.
.Charge 5: If the boards agree in principle on a proposed
agreement, the Committee shall seek to meet with representatives of
additional jurisdictions and utilities which may need to be
included in agreement (s) . The additional entities would include but
not necessarily be limited to the Orange Alamance Water System,
City of Durham, Mebane, Graham, etc. A proposed agreement with
these additional entities would be submitted for consideration by
all parties.
Footnotes: The Committee, and each of the boards involved in the
process above, would hold public hearing(s) at such times as each
determines appropriate. The Committee would be a public body with
open meetings in accord with State law.
BE IT FURTHER RESOLVED that the Council appoints
and
to represent the Council on the Committee.
This the 11th day of April, 1994 .
•
. . Appendix C 27
LAW OFFICES
COLEMAN, GLEDHILL & HARGRAVE
Antommowlampammm
129 E.TRYON STREET
P.0.DRAWER 1529
HILSBOROIXIH,NORTH CAROLINA 27270 .
919.732-1196 FROM THE DESK OF
FAX 919.732-7997 . March 2, 1998 GEOFFREY E.GLEDHILL
. . ,
Mr. Dave Stancil
Orange County Planning Department
Post Office Box 8181
Hillsborough, North Carolina 27278
. .
RE: Water and Sewer Boundary Agreement - Adverse Public
Health Condition
Dear Dave:
Enclosed are the following:
1 . A' replacement for VI .A. of the draft Agreement which
replacement contains the expanded definitions related to adverse
public health conditions, both failing septic system and
contaminated well water systems .
10 2 . A three page document which includes a matrix of
solutions for a failing septic system adverse public health
condition and a contaminated well adverse public health condition
that I have put together after several meetings with Paul Thames
and Ron Holdway.
Using the format that you used in presenting this with the
agenda materials for the March 3 Task Force Committee meeting,
everything except the first paragraph in the first enclosure
would be in bold and italicized. Some of this, principally a few
definitions in the well water area, is new. Some of it is not
but for some reason did not get incorporated into the draft of
the agreement that was provided with the agenda for the meeting.
Also, the very last paragraph has been expanded to include the
notion that the use of an extension of a public water or public
sewer line to correct an adverse public health conditions is
limited.
During the Board of County Commissioners and OWASA meeting I
gave you some editing suggestions for the emergency water
transfers section. A copy of the document with the various
suggestions and thoughts is enclosed. The bold, italicized
sentence that concludes subsection A.l .c . should be eliminated
from the section on emergency water transfers . That sentence
deals with non emergency water transfers and should be in the
. '
.„. •
. ,
. %
28
Mr. Dave Stancil
Page 2
March 2, 1998
section of the agreement related to non emergency water
transfers . As you can see from my marginal notes about the non
emergency water transfers section, I think it needs more work.
Please fax as much of this as you think would be helpful to
those expected to attend the Committee meeting. At a minimum,
please send the revised language for section VI .A. of the
Agreement . As you know, I will not be able to attend the March
3 , 1998 Committee meeting. I understand that Paul and Ron will
attend and should be able to help with any questions on the
adverse public health condition issue.
Very truly yours,
COL- , GLEDHILL & HARGRAVE, P.C.
-r= edhill
GEG/lsg
Enclosures
xc : Ron Holdway
Paul Thames •
lsg-12
stancil.ltr
29
Matrix of Solutions
The categories of Interest Area applicable to each Interest
Area defined in the Water and Sewer Boundary Agreement and the
"tool bag° of remedies available to respond to an adverse public
health condition 'are as follows :
30
FAILING EXISTING WASTEWATER SYSTEM
Interest
Area
Categories Remedies
1 . Transition *1 . Offsite repair - individual
2 . University Lake (CA and *2 . Offsite repair -
PW and Carrboro ETJ) community (WTMP program)
3 . Cane Creek (CA and PW) and *3 _ Offsite repair -
Upper Eno (CA) community, OWASA operated
4 . All other protected water- (WTMP program)
shed areas *4 . public sewer
5 . Rural Buffer (not within a *5 . State permitted system
protected watershed) 6 . nothing and degrees of
6 . AR/R1 nothing
7 . imminent health hazard
declaration
8 . premises vacating
*9 . pump and haul
*Regulatory, approvable repairs or actions
Matching the remedies to the Interest Area categories in a way
that seems consistent with the discussion of the committee follows :
1 . Offsite repair - individual : all categories of Interest
Areas ;
2 . Offsite repair - community: Transition, AR/R1;
3 . Offsite repair - community OWASA operated: all categories
of Interest Areas ;
4 . public sewer: Transition, Rural Buffer (not in protected
watershed) , all other protected watersheds, AR/R1;
5 . State permitted system: all categories of Interest Areas ;
6 . Nothing and degrees of nothing: all categories of Interest
Areas ;
7 . Imminent health hazard declaration: all categories of
Interest Areas;
8 . premises vacating: all categories of Interest Areas .
31
CONTAMINATED WELL WATER SYSTEM
Interest
Area
Categories Remedies
1 . Transition *1 . Offsite repair - individual
2 . University Lake (CA and PW *2 . Offsite repair -
and Carrboro ETJ) community (locally permitted)
3 . Cane Creek (CA and PW) and *3 . Offsite repair - community
Upper Eno (CA) other than municipal and
All other protected water- water and sewer authority
shed areas (State permitted)
5 . Rural Buffer (not within a *4 , public water - municipal,
protected watershed) OWASA and Orange-Alamance
6 . AR/R1 Water System, Inc.
5 . nothing and degrees of
nothing
6 . imminent health hazard
declaration
7 . premises vacating
8 . water buffaloes/bottled water
*Regulatory. approvable repairs or actions
Matching the remedies to the Interest Area categories in a
way that seems consistent with the discussion of the committee
follows :
1 . Offsite repair - individual : all categories of
Interest Areas ;
2 . Offsite repair - community (locally peimitted) : all
categories of Interest. Areas ;
3 . Offsite repair - community other than municipal and
water and sewer authority (State permitted) : all categories of
Interest Areas;
4 . public water: Transition, Rural Buffer (not in
protected watershed) , all other protected watersheds, AR/R1;
5 . Nothing and degrees of nothing: all categories of
Interest Areas ;
6 . Imminent health hazard declaration: all categories of
Interest Areas;
7 . premises vacating: all categories of Interest Areas;
8 . water buffaloes/bottled water: all categories of
Interest Areas .
lsg-12
matrix.doc
Appendix D 32
Joint Planning Area Boundary Map
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e5illeSii NW
Joint PIannIII t.t l''0.0Nif"t.ci',{'PA)
C3Chanei HO Ottani SalViCOS Area
Contort Transiew I aal Buffer,Orange county Map prepared b
Carrbero Planning Areas
Carton)Trangitton li mg= YAM Courtesy Revrew Area Oreree, County Manning
, , coy urnis February 18,200-4
Chapel Hilt Traitor- tiattittg University Lakin Watershed
rrborn so
33
Appendix E
Comprehensive Plan Land Use Maps for all Orange County
local governments, and of Chatham County
Land Use Maps for the following local governments follow:
• Orange County
• Chapel Hill
• Hillsborough
Land Use Maps are not available for the following local
governments and Zoning Maps are substituted:
• Carrboro
• Chatham County
34
„. ,.., _..............„„_ .. _
LAND USE ELEiEN .
of the Orange Co urrty Comprehensive Pt,' 'ii
',."
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OnnpAtat Adoption Dab It.Alt
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36
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Town of Hillsborough Existing Water Service
Outside of Primary Service Area - Appendix F
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llsborough FFtsa....-. _.•.....
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IN Hillsborough Long-Term interest Area 0 1 2
I Miles
<2 HIIISborough Primary Service Area Orange County Planning and Inspections Department
............................
Existing Water Service Area GIS Map Prepared by Miriam Coleman,February 23,2010
Outside Primary Service Area Projection: North Carolina State Plane(feet)
Datum: North American 1983