HomeMy WebLinkAbout021705 Attachment 2Orange County/Town of
Urban Transition Area
Report
Hillsborough
Task Force
DRAFT
' i February 17, 2005
TABLE OF CONTENTS
1. Vision Statement ......................... ..........................Page 2
2. Acknowledgements .................... ...........................Page 3
3. Introduction and Mission of the Task Force ..............Page 4
4. Resources Utilized by the Task Force ......................Page 6
5. Task Force Meetings and Deliberations ...................Page 8
6. Task Force Products, Recommendations, and
Implementation... . . . . . . . . W . . . . . . . . . . . . . . . a . . . . . . a . . . . . . Page 9
6.1 DeFacto Principles of Agreement and Map
6.2 Implementation of De Facto Principles of Agreement
6.3 Joint Strategic Growth Plan — Scope of Work Possibilities
Appendices — Agreements and Maps
A. Resolutions Establishing Task Force
B. Orange County Comprehensive Plan Land Use Element
Map
C. Water and Sewer Management, Planning and Boundary
Agreement and Map
D. Town of Hillsborough Water Capacity Analysis for Fiscal
Years 200. 4 -2014
E. Analysis of Transition Areas and Maps
Grange CountyTown of Hillsborough
Urban Transition Area Task Force Deport Page 1
1. VISION STATEMENT
To improve the coordination of land use decisions
through enhanced cooperation between Orange County
and the Town of Hillsborough in the development of a
planned growth pattern for urban and rural areas defined
by their associated services and environmental assets.
Grange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 2
2. ACKNOWLEDGEMENTS
County and Town Governing Boards*
Orange County Commissioners
Hillsborough Town Commissioners
➢ Barry Jacobs, Chair
➢
Joe Phelps, Mayor
➢ Margaret Brown, Vice Chair
➢
Frances L. Dancy, Mayor Pro Tem
➢ Moses Carey, Jr.
➢
Evelyn P. Lloyd
➢ Dr. Alice Gordon
➢
Brian J. Lowen
➢ Dr. Stephen Halkiotis
➢
Michael Gering
➢
L. Eric Hallman
➢ John M. Link, Jr., County Manager ➢ Eric Peterson, Town Manager
Urban Transition Area Task Force
Orange County Members Town of Hillsborough Members
• Barry Jacobs, County Commissioner ❖ Michael Gering, Town Commissioner
•
Margaret Brown, County Commissioner ❖ Eric. Hallman, Town Commissioner
Alternate ❖ Paul Newton, Planning Board
Craufurd Goodwin, Planning Board Bryant Warren, Parks & Recreation
Renee Price, Planning Board, Alternate Board
Tom Magnuson, Recreation & Parks
Advisory Council
•'• Deborah Judd, Recreation & Parks
Advisory Council, Alternate
County and Town Staff
Oranae Countv Planninq Department
➢ Craig Benedict, Planning Director
➢ Tom Altieri, Comprehensive Planning
Supervisor
➢ Gene Bell, Planning Systems
Coordinator
➢ Carla Thames, Planner
*At time of Task Force appointments.
Orange COLInty /Town of Hillsborough
Urban Transition Area Task Force Report
Hillsborough Planning Department
➢ Margaret Hauth, Planning Director
Page 3
3. INTRODUCTION AND MISSION OF THE TASK FORCE
INTRODUCTION
A Joint Meeting of the Orange County Board of Commissioners and the Hillsborough
Town Board of Commissioners was held on March 22, 2004. A topic of discussion was
the formation of a task force to study the County's Transition Areas, located adjacent to
the Town's planning jurisdiction, and make recommendations on the location of
Transition Areas and the provision of public services.
On May 4, 2004, the County Commissioners adopted a Resolution Authorizing the
Creation of a Joint Orange County /Town of Hillsborough Urban Transition Area Task
Force and Appointment of Members to Serve on the Task Force. The Hillsborough
Town Board adopted an almost identical resolution on June 14, 2004. Copies of the
respective resolutions are provided in Appendix A.
MISSION
The Joint Orange County /Town of Hillsborough Urban Transition Area Task Force was
charged with:
➢ Identifying the areas within the Town of Hillsborough Extraterritorial Jurisdiction
(ETJ) and along its external fringe that can be serviced with Town water and sewer
services based on its existing and planned capacities, which are both precursors to
urban -style growth; and
➢ Identifying demands for additional public services (Town and County) such as, but
not necessarily limited to, public transportation, recreation and aging, parks, schools,
and economic development.
Specifically, the Task Force was directed to:
1. Identify areas within the Town of Hillsborough Extraterritorial Jurisdiction (ETJ)
and along its fringe that can be serviced with public water and sewer;
2. Study the relationship between areas that can be serviced wish public water and
sewer (identified through item 1 above) and the location of Orange County Land
Use Element Transition Areas and provide recommendations for modifying or re-
drawing boundaries of Transition Areas as appropriate;
3. Make recommendations, if any, for changes to Water and Sewer Management,
Planning and Boundary Agreement;
4. Demarcate a boundary between urban and rural developments;
Orange County /Town of Hillsborough
Urban Transition Area Task Force Report Page 4
5. Estimate the amount of development that could be accommodated within the
Hillsborough Economic Development. District (EDD) based on the existing zoning
construct;
6. Examine the potential for greenway corridors in and around Hillsborough,
including one through the Waterstone development along Cates Creek;
7. Estimate the demand for other public services in the Transition Areas including
but not necessarily limited to public transportation, recreation and aging, parks,
schools, and economic development; and recommendations for any required
actions; and
8. Identify opportunities for coordinated planning between the two jurisdictions.
Orange Cocinty/Town of Hillsborough
Urban Transition Area Task Force Report Page 5
4. RESOURCES UTILIZED BY TASK FORCE
Primary resources used by the Task Force to help analyze the possible extent of water
and sewer included the following:
The Land Use Element of the Orange County Comprehensive Plan was adopted in
1981 and amended at various times in the ensuing years to address issues such as
enhanced watershed protection and economic development. The Land Use Element is
the guiding document in Orange County for growth management strategies. Three
areas identified in the Element that merit attention are the Town of Hillsborough,
Extraterritorial Jurisdiction or ETJ (an area adjacent to, but outside the municipal limits
where the Town exercises planning and zoning authority) and the Orange County
jurisdiction surrounding the ETJ. Much of this County area is classified as Transition in
the Land Use Element, meaning that it may ultimately develop at higher densities with
urban services. The Comprehensive Plan Land Use Element Map for Hillsborough and
surrounding areas is provided in Appendix B.
The Water and Sewer Management Planninq and Boundary Agreement (see Appendix
C) was jointly prepared and adopted by Officials and staff from Orange County, Chapel
Hill, Carrboro, Hillsborough, and the Orange Water and Sewer Authority (OWASA). It
defines responsibility and Primary Service Areas (PSA) for different areas of the
County. There are areas in the Town of Hillsborough PSA that extend greatly beyond
the Town's extraterritorial jurisdiction (ETJ) and are under Orange County's planning
jurisdiction. Any proposed changes to the existing Agreement would be sent to the
approving parties for review and approval prior to any modifications occurring.
The Hillsborough Water Capacity Analysis for Fiscal Years 2004 -2014 was prepared by
the Town in 2003 and includes impacts associated with the Waterstone Development.
Regular update of the Water Capacity Analysis is necessary to ensure an adequate
water supply for Hillsborough's future. During Task Force meetings, the need to update
this analysis was identified. A letter from the Hillsborough Town Manager summarizing
the 2003 Town of Hillsborough Water Capacity Analysis is provided in Appendix D. A
complete copy of the Water Capacity Analysis may be obtained from the Town of
Hillsborough.
Orange County Planning and Inspections Analysis of Transition Areas was prepared in
September 2004 to determine the development potential of the County's 10- and 20-
year Transition Areas that are adjacent to Hillsborough and Mebane /Efland. This
analysis has been provided in Appendix E.
Orange County/Town of Hillsborough
Urban 71- ansition Area Task f=orce Report Page 6
Following is a list of additional resources used /discussed by the Task Force. These
items are not contained in this report but are available upon request at the Orange
County Planning Department.
❖ Town of Hillsborough /Orange County Courtesy Review Agreement and Map
❖ Eno River Capacity Use Agreement
❖ Example Subdivision Site Plans: Ashwick and Richmond Hills
❖ Orange County Growth Management System — Subdivision processes in "Urban"
and "Rural" designated areas
❖ Hillsborough Economic Development District (EDD) potential future
Office /Service Use
Orange County /Torun of Hillsborough
fJrl)an Transition Area Task force Report Page 7
5. TASK FORCE MEETINGS AND DELIBERATIONS
The Task Force met four times between September 23 and December 15, 2004 to
evaluate land use and service area issues pertaining to growth potential within the
urban influence of the Town of Hillsborough. Following is a brief summary of each
meeting:
Meeting One: September 29, 2004
At its first meeting, the Task Force discussed a draft mission statement, the work
product to be generated, and reviewed current conditions and past research.
Meetinq Two: October 20, 2004
There was additional discussion and refinement of the mission statement and work
product. The idea of a Town and County funded consultant study to address the
technical points of service area boundaries and utility capacities was suggested. Staff
was asked to develop a list of De Facto Principles of Agreement and map for the next
meeting as well as a preliminary scope of work for consultant services.
Meeting Three: November 17, 2004
There was additional discussion of the Task Force's mission to include addition of a
vision statement; De Facto Principles of Agreement received further review and
modifications; the first draft of a scope of services was discussed and refined; and the
Task Force agreed to hold an additional meeting in December.
Meeting Four: December 15, 2004
At its final meeting, the Task Force suggested minor changes to the Vision /Mission
Statement and Defacto Principles of Agreement. The Task Force also made additional
changes to the scope of services discussed on November 17, and reviewed an outline
for the final report of the Task Force.
Orange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 8
6. TASK FORCE PRODUCTS, RECOMMENDATIONS, AND
IMPLEMENTATION
As noted in the previous section under Task Force Meetings and Deliberations, the
Task Force developed three products for consideration by the respective Town and
County governing boards:
1. De Facto Principles of Agreement and Map, including implementation strategies, is
intended to serve as the basis for future planning efforts in the Hillsborough ETJ
and Orange County Urban Transition Areas and other adjacent `rural' areas;
2. Implementation of De Facto Principles of Agreement; and
3. Joint Strategic Growth Plan - Scope of Work Possibilities is a preliminary listing of
tasks a consultant would be asked to address if a jointly funded study by Town and
County were to be undertaken.
Following are the three Task Force work products in the order provided above:
Orange Coilnty/T own of Hillsborough
Urban Transition Area T ask Force Deport Page 9
6,1 DE FACTO PRINCIPLES OF AGREEMENT
1. Orange County and the Town of Hillsborough should jointly contract the services of
consultant to prepare a Joint Strategic Growth Plan for Hillsborough and the surrounding
urban service ortren�itionare��ofC)ronge(�ount� _
__ ' /
2. Tha Ultimate �xt�n1 of H|||oborough'e Urba n Service Area (U SA) to b|| Ua
sewer) shall respect the boundary established by the Water d Sewer Management
/ Planning and Boundary Agreement and map. (See Appendix C). Th| b d
respects the area d esignated as Fluno| Buffer to the south, Eno River Critical Area to the,
West, and sensitive environmental _lands _of the Eno F||yer State Park and 8tonay,_C-r.eeM
Basin to the e@ot|
3. The Town Of Hillsborough's Intermediate USA 8h8|| generally extend on the east to thEi
' Protected Watershed, on the south to 1-40 and Duke
'Forest but including the Hillsborough Economic Development District E \
north to Stroud's Creek. The western Intermediate USA boundary shall follow the.,'
,boundary established by the Water and Sewer Management, Planning and Boundary',
Agreement and map, Urban services shall be provided within the Intermediate USA
before the Ultimate U8/\`
4. [)range County and the Town of Hillsborough shall protect the surface and groundwater
resources of the Upper Eno/Neuse River Watershed, both in designated critical and
protected enaas' through responsible land use planning (Map provides the full extent of
the Upper Eno Watershed). Lower density and more stringent impervious surface
regulations improve the Town of Hillsborough's surface water supply.
5. In new subdivisions that will have Town of Hillsborough public water and oovver services,
urban style development standards' consistent with the Town of Hillsborough's
development standards, shall be required. Such standards may include but not be
limited to sidewalks, lot size, and cluster subdivision provisions.
0. Consistent nomenclature should be used in County and Town land use ordinances.
7. There is a need to identify topics where the County and Town share common goals and
vvhera they rnaydi��r.
' , The Orange Grove Road a s'rnom. agerO�nt,n]arishOukjserye as a mode^|forJother
transportation
|n!
rpa s�___________
9. ` Orange CO and Hillsborough's park needs, including th | Uv of
and wilclihe corridors, are intertwined and joint planning coordination is encouraged.,
10. Orange County and the Town of Hillsborough should establish a task force to identify
significant cultural resources located within Orange County and the Hillsborough fringe
that should be protected and develop appropriate policies for their protection through
incorporation into respective land use ordinances.
11. Orange County and the Town of Hillsborough do not promote development patterns that
can be characterized as urban aprovv| and will avoid it through independent and
_ _`coordinated_|an�u.sepianning� _ __,___
12,{�range[|ount« end the Tovvn of Hillsborough should initiate 1, pFoceea t0 arnend the
Town's ETJ to exclude approximately 230 acres that is located vWthi the Upper En
Watershed Critical Area .and include an area of comparable size, located in an area
suitable for urban sen/ioaa and agreeable to both parties, in exchange.
13. The principles provided above shall be incorporated into prospective |poa| policies
�
Principles-- of Agreement that include - geographic references ^ highlighted ' - located
'
on the adjacent rn8o with numbers correspond to the appropriate phno| ple |
Orange COUO/Wr7owOOfHillsborough
Urbati Transition Area Task Force Report, Page 10
Orange County
1 Town of
Hillsborough
Urban
Transition Area
Task Force
Mapped Locations for
Principles of Agreement
�t
.egend
Rural Buffer
Critical Area
Environmental Lands (Public)
Protected Watershed
Unprotected Watershed
Orange Grove Access Management Plan
Ultimate Service Area*
Intermediate Service Area
- Resource Protection Areas
_ Hillsborough Town Limits
Hillsborough Extra - Territorial Jurisdiction
Economic Development District
10 -year Transition Area
20 -year Transition Area
Hillsborough ETJ in Critical Area
Established by Wafer and Sewer Boundary Agreement
Orange County Planning and Inspections Department
GIS Map Prepared by Miriam Coleman, January18,2005
Projection: North Carolina State Plane (feet)
Datum: NorthRmerican 1983
Orange County Watersheds
rotected Area
nprotected Area
ritical Area
,r Basin Boundary
am
ucipal Jurisdiction
ershed Boundary in
Municipal Area
.e
n replaces previous versions,
County Zoning Ordinance
& Inspections Department
[by Miriam Coleman
u State Plane
6 American 1983
isins Data: October, 2003 Revision
tober, 2003 Revision
6.2 IMPLEMENTATION
Implementation strategies are provided following each abbreviated Defacto Principle of
Agreement (POA). Complete Defacto Principles of Agreement are provided in Section
6.1.
POA 1 - Consultant for Orange County /Town of Hillsborough Joint Strategic Growth
Plan
• Staffs shall prepare a draft cost sharing proposal for consideration by Town and
County elected officials. It is expected that Orange County's share of the costs
will be greater than that for the Town of Hillsborough.
• Establish a consultant selection advisory committee to work with the staffs from
both jurisdictions during the Request for Proposals (RFP) and interview
processes. The committee shall provide a final recommendation on the preferred
consulting firm to Town and County elected officials for consideration. The
Scope of Work items provided in Section 6 shall be used as a starting point for
the development of an RFP.
• In the event that a consultant is not used to complete a Strategic Growth Plan for
the Hillsborough fringe area as recommended, Orange County and the Town of
Hillsborough shall reinstate the Orange County /Town of Hillsborough Urban
Transition Area Task Force to work with joint staffs to develop a work plan for the
completion of the items identified in the Scope of Work and provide project
oversight until completion.
POA 2 — Ultimate extent of Hillsborough's Urban Service Area
• This Principle provides reaffirmation of the Hillsborough Primary Service Area
(HPSA) as established by the Water and Sewer Management Planning and
Boundary Agreement and Map. This map depicting HPSA includes lands
beyond Hillsborough's Extra - Territorial Jurisdiction and within Orange County's
planning jurisdiction. As the "Ultimate" extent, Orange County Planning Staff
shall draft an annexation agreement for consideration by Town and County
elected officials that reflects this boundary.
POA 3 — Intermediate extent of Hillsborough's Urban Service Area
• The Intermediate extent of Hillsborough's Urban Service Area has been very
generally defined and requires further study through completion of an Orange
County /Town of Hillsborough Joint Strategic Growth Plan. The Strategic Growth
Plan shall provide recommendations for a revised Intermediate boundary for
inclusion in an inter -local agreement. This agreement shall acknowledge that the
extension of urban services and development shall occur in areas contained
within the Intermediate Urban Service Area Boundary before extension into the
area between the Intermediate and Ultimate Urban Service Area.
Orange County/Town of Hillsborough
1Jrban Transition Area Task Force Report Page 11
POA 4 — Protection of Upper Eno /Neuse River Watersheds Surface and Groundwater
RP -,ni imp.,;
• Orange County shall consider the reduction of residential zoning density within
the Upper Eno /Neuse River watersheds as part of the Comprehensive Plan Land
Use Element Update.
• Orange County shall consider increasing permitted residential minimum lot size
within the Upper Eno /Neuse River watersheds as part of the Comprehensive
Plan Land Use Element Update.
• Cost sharing opportunities to protect surface and groundwater resources shall be
conveyed to respective governing boards by joint staffs as opportunities present
themselves. For example, the exploration of a Transfer of Development Rights
(TDR) Program or Purchase of Development Rights (PDR) by Orange County
may present an opportunity for coordination and cost sharing with the Town of
Hillsborough.
POA 5 — Consistency of Development Standards for Subdivisions That Will Have
Hillsborough's Water and Sewer Services with Orange County's Planning Jurisdiction
• During Orange County review of new subdivisions that will have Town of
Hillsborough public water and sewer services, Planning Staff will review the
Town of Hillsborough's development standards for consistency to reduce
irregularities that could create non - conformities if annexed in the future. Any
inconsistencies found will be included in Staffs report to the Orange County
Planning Board and County Commissioners. Also, urban service areas, whether
Town of Hillsborough or Orange County Planning Jurisdiction, will have a
retroactively consistent urban design.
• When Orange County revises its land use ordinances for incorporation into a
Unified Development Ordinance, concerted efforts shall be made to establish
consistent regulations as they may pertain to development to be served with
Town of Hillsborough public water and sewer.
POA 6 — Consistent Nomenclature Should be used in Town and County Ordinances
• When Orange County revises its land use ordinances for incorporation into a
Unified Development Ordinance, or when Hillsborough amends its land
use /development ordinance, concerted efforts shall be made to establish
consistent nomenclature between county and town regulations.
POA 7 — Identification of Common Goals and Differences
Whether completed by a consultant or joint staffs, the identification of topics
where the county and town share common goals and where they may differ shall
be part of the Scope of Work for an Orange County /Town of Hillsborough Joint
Strategic Growth Plan. Typical goal areas can include, but are not limited to,
transportation, land use, parks, housing, environment, public services, etc.
Orange County /Town of Hillsborough
Urban Transition Area Task Force Report Page 12
POA 8 — Consistent Transportation Corridor Planning
The Orange Grove Road Access Management Plan shall be used as a model for
future corridor plans prepared by Orange County and the Town of Hillsborough.
It shall be Planning Staffs responsibility to ensure that the format and process
used for Orange Grove Road is followed during the development of future
corridor plans. South Churton Street may be an opportunity to examine access
management prior to future Transportation Improvement Plan (TIP) road
widening plans and concurrent with the `revitalization' program by the Division of
Community Assistance.
POA 9 — Joint Coordination in Planning for Parks
The Orange County Planning Department shall work with the Orange County
Recreation and Parks Department to assess existing methods of coordination
with Hillsborough. Following this initial assessment, the Planning and Recreation
and Parks Departments, in consultation with the Recreation and Parks Advisory
Council, will recommend areas or processes for improving coordination for
consideration and where appropriate, inclusion in inter -local agreements. Other
non - profit recreation agencies and programs should also be considered.
POA 10 — Establish Joint Task Force to Identify Significant Cultural Resources and
Develop Policies and Implementation Strategies for Their Protection
• The Orange County Environment and Resource Conservation and Planning
Departments shall work together with the town's Historic Preservation Planner to
develop a draft resolution establishing and setting guidelines for such a task
force for consideration by Orange County's and Hillsborough's Commissioners.
POA 11 — Limit Urban Sprawl
The Town of Hillsborough and Orange County shall work together to limit urban
sprawl through the establishment of Intermediate and Ultimate Urban Service
Areas that shall be established through an inter -local agreement following
completion of an Orange County /Town of Hillsborough Joint Strategic Growth
Plan. Annexation boundary agreements can assist in this goal achievement.
POA 12 — Amendment of the Town's Extraterritorial Jurisdiction (ETJ)
• The Orange County Planning Department, in consultation with the County's
Attorney, shall develop a staff report that summarizes the legal requirements for
amending the town's ETJ. This is in response to an `exchange' of areas moving
the ETJ out of the Upper Eno Critical Area to other areas which could be more
easily developed. Upon completion, the Staff report shall be forwarded to the
Orange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 13
Orange County and Town of Hillsborough Boards of Commissioners for review
and direction.
POA 13 — Incorporation of Principles of Agreement Into Local Policies
• Where appropriate, each of the twelve (12) aforementioned Principles of
Agreement shall be incorporated into prospective local policies through inter -local
agreement(s) or ordinance changes.
Note: Further elaboration of Defacto Principles of Agreement is provided in
Section 6.1.
Orange Countyown of Hillsborough
Urbar7 Transition Area Task Force Report Page 14
6.3 JOINT STRATEGIC GROWTH PLAN — SCOPE OF WORK
POSSIBILITIES FOR CONSULTANT
1. Identify areas within the Town of Hillsborough Extraterritorial Jurisdiction (ETJ)
and along its fringe within Orange County's planning jurisdiction that can be
serviced with public water and sewer:
• With currently available water supplies and with West Fork Eno Reservoir at full
capacity.
• For sewer, areas that can be served by gravity flow with a minimal number of lift
stations.
• Analyze their relationship to find common service coverage areas.
2. Study the relationship between areas that can be serviced with public water and
sewer (identified through item 1 above) and the location of Orange County Land
Use Element Transition Areas, and provide recommendations for Transition Areas
as appropriate:
• Develop figures on amount and type of development (residential and non-
residential) that can be supported by water and sewer.
• Provide a water and sewer extension trend analysis to see if a change in
development patterns is desirable. Cost estimates for various styles of
development (i.e., traditional neighborhood development and "smart growth ")
should be provided.
• Review funding options, traditional as well as innovative.
3. Recommendations, if any, for changes (text and /or map) to:
• Water and Sewer Management Planning and Boundary Agreement
• Upper Eno Capacity Use Agreement
• County Land Use Element Urban Transition Area plan
4. Evaluate the:
• Transportation impacts of various land use scenarios.
• Land use impacts of various transportation scenarios.
• Consistency of transportation projects that cross jurisdictional lines.
5. Demarcate a boundary between urban and rural developments with
recommendations for maintaining desired character in both areas.
6. Estimate the demand for other public services for both jurisdictions (based on
population projections) in the Transition Areas including but not limited to
recreation and parks, transportation system, aging, schools, public safety (town
police and fire), transit, and economic development; and recommendations for any
required actions. This permits evaluation of comprehensive impacts.
Orange County/Town of Hillsborough
Urban Transition Area Task Force Report Page 15
7. Recommend a range of processes for the identification of natural and cultural
resources and strategies to protect them.
Grange County/Town of Hillsborough
Urban Transition Area Task Force Deport Page 16
APPENDICES
Appendix A - Resolutions Establishing Task Force
Appendix B - Orange County Comprehensive Plan Land
Use Element Map
Appendix C - Water and Sewer Management, Planning and
Boundary Agreement and Map
Appendix D - Hillsborough Water Capacity Analysis for
Fiscal Years 2004 -2014
Appendix E - Analysis of Transition Areas and Maps
Grange County/Town of Hillsborough
Urban Transition Area Task Force ?eporl Page 17
ORANGE COUNTY BOARD OF COUNTY COMMISSIONERS
Resolution Authorizing the Creation of a Joint Orange County /Town of
Hillsborough Urban Transition Area Task Force and Appointment of Members to
Serve on the Task Force.
WHEREAS, Orange County participated in the development and approval of the Water
and Sewer Management Planning and Boundary Agreement that defines responsibility
for Primary Service Areas (PSA) for different areas of the County; and
WHEREAS, there exists a need to identify areas around the Town of Hillsborough that
can be serviced with water and sewer in accordance with Transition Areas identified in
the Land Use Element of the Orange County Comprehensive Plan; and
WHEREAS, during the March 22, 2004 Joint Meeting with the Town of Hillsborough,
the creation of a task force to create guidelines for the Urban Transition Area was
discussed; and
WHEREAS, the creation of the Task Force and appointment of members to same is
within the purview of the Orange County Board of Commissioners and respectively
within the purview of the Town of Hillsborough.
WHEREAS, it is in the best interest of the citizens of Orange County and the Town of
Hillsborough to create a Task Force.
NOW THEREFORE BE IT RESOLVED THAT THE Orange County Board of
Commissioners that, by approval of this resolution, does authorize the creation of a
Joint Orange County /Town of Hillsborough Urban Transition Area Task Force and the
appointments of one County Commissioner and alternate and one Planning Board
member from the Hillsborough Area.
BOCC Member
BOCC Alternate
Planning Board Member
The task force will be charged with recommending growth management guidelines,
policies and boundaries for those areas appropriate for public water and sewer service
in conjunction with the Orange County Comprehensive Plan Update and report its
recommendations to the Board of County Commissioners no later than November 22,
2004, at which time the Task Force shall sunset.
This the 4th day of May, 2004.
Barry Jacobs, Chair
Orange County Board of Commissioners
FROM : FAX NO. :9197323921 Appendix A
Town
of
—Hills
FULLSBOROUGH Town BOA OF COMMUSSIONERS
Regolution Authorizing the Creation of a Joint orange County/Town of Hillsborough Urban Transition
Area Task Force and Appointment of Members to Serve on the Task Force.
WHEREAS, the Town of Hillsborough participated in the development and approval of the Water and Sewer
Management Planning and Boundary Agreement that defines responsibility for Primary Service Areas (PSA)
for different areas of the County; and
WWREAS, there exists a need to identify areas around the Town of Hillsborough that can be serviced with
water and sewer in accordance with 'Transition Areas identified in the Land Use dement of the Orange County
Comprehensive Plan; and
WHEREAS, land use planning also involves identifying the demands for other public services in the Transition
Areas, including but not limited to recreation, parks, schools, and economic development, and
WHEREAS, during the March 22, 2004 Joint Meeting with the Town of Hillsborough, the creation of a task
force to create guidelines for the Urban Transition Area was discussed; and
WHEREAS, the creation of the Task Form and appointment of members to sane is within the purview of the
Town of Hillsborough and respectively within the purview of the Orange County Board of Commissioners.
WHEREAS, it is in the best interest of the citizens of Orange County and the Town of Hillsborough to create a
Task Force,
NOW THEREFORE BE IT RESOLVED THAT THE Hillsborough Town Board of Commissioners that, by
approval of this resolation, does amfiori= the creation of a Joint Orange County/ Town of ffillsbmugh Urban
Transition Area Task Force and the appointments of one County Commissioner and alternate and one Planning
Board member.
Michael 0gjng_ Eric Haftan
Towo Board member Town Board Alternate
Pout Newton Brunt Warren
Planning Board member Parks & Recreation Board member
The task force will be charged with recommending growth managenmnt guidclines, policies and bmt daries for
those areas appropriate for public water and sower ser'lrice in conjunction with the Orange County
Comprehensive Plan Update and report its recommendations to the Board of Co" Commissioners no later
than November 22, 20N, at which time the Task Force shall sunset.
This the 14' day of June, 2W4,
A ST:
F
Ponna F. Ar, mbrister, CMC, Town Clerk
p�
yor
Appendix B
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Appendix C
WATER AND SEWER MANAGEMENT, PLANNING
AND BOUNDARY AGREEMENT
T S AGREEMENT made and entered into this 5 day of
Y
�. (k"'4 '_ , ' pa ) 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.
WITNESSETIH:
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:
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.
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.
• <ap�,; ;�r,,e, rs»!�^µan�?�.ar. <.�e>,�,a •+,��):,±rp�ra y, e�;•;�^ar : a��a.�} h.!��" . � � r•r >�i t •- , a""..:r .:'t,�,•?°.t*' nYrrrr:rrrn'ic aW 'rid= .. "'ti` a r, •fr .. „R •7�z",i�„ •t,,•... ,�'� _,:��` ,��•f :`'fit ;'?"1..: '.
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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
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
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 3 0
days of the public hearing. The withdrawal shall be
effective one (1) 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 non -
residential site plan approvals within their service area and
cJ
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.
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 . 1.
2. As per the map in Appendix A. the Town of Hillsborongih Long -Term lnterest Area and Primary Service Area 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.
M
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."
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).
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
5
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.
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
no
under the N.C. General Statutes that provides water and /or sewer
service to the public.
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
7
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.
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.
8
C. Policy of "first- refusal"
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.
s y
I�I��LIMITA�MaN� ON SERVICE k # i
ti t r 3 a s r r cr � i
r r �
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, VI.C, VI.D, VIX, VII.A, VII.B, VII. C j 3. Individual on-
site 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. ibid.
E
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:
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
10
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 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 Suppl S sjtem: 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
11
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 sever 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 VI.D.
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, 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.
12
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.
K-
�' F i
i�l�� z VVA1'D TRANSFERS ANDIdASi�1NA�'ER TRANSFERS
:. k...xo.....a.7..,<.7.. Tu.zs.!.. .. .. .- ��...;.. ...�. 'Y.,...,<r...i ......... .. .:.. ...<., .:..k..:.. tk- ....:..:.:.:..e. >. .. s:.3..- i.u.x�,sa <�.i e .sFv>.:. s.........:.�....,,._s,.i 1.-... .....�..,i..:,e- ::,>,...<...�,t tt.::._Y _._...5..�, <...,., �...Ska..k�i...»sisi Ott:.:....,.... >x�ik:#x.f.�P..x.•.6,
A. Emergency Water Transfers (This subsection shall not apply
to any system operated by a municipality)
13
Emergency water transfers are transfers that:
1. Are made for short -term duration. For the purpose of this
Agreement, short -term duration shall be reviewed at 30
days, 60 days and 90 days, with subsequent 90 -day
intervals up to one year, as per the following process:
a. After 30 days duration; a memo from the chief
administrative officials of the service providers
will be sent to the managers of the jurisdictions
that are parties to this Agreement. The memo shall
document the emergency, steps being taken to
address the situation, and notify the managers of
the potential for a longer period of the emergency
water transfer.
b. At 60 days, the service provider, sending the water
shall notify, its elected board (or, in the case of
OWASA, the member government elected boards)
on the status of the emergency and provide
.. opportunity for the boards to review and comment
on the situation. The receiving provider shall
provide similar information. .
C. Between 60 days and 90 days from inception of
transfer, the elected, boards which exercise
planning jurisdiction on either side of the boundary
in which the service is provided shall review and
approve or not approve the continuation of the
transfer beyond 90 days. If continuation of the
transfer is approved, it may continue for an
additional 90 -day period. Approval shall be
required for each subsequent 90 -day period, with a
maximum emergency water transfer duration of
365 days from inception. Lack of action by the
elected boards as provided in this subsection
14
constitutes approval for the subsequent 90 -day
period.
d. At the 30-day point, the service provider shall
determine that adequate water and other resources
and facility capacities are available to support the
extended emergency transfer without adversely
affecting the quality and quantity of water supply
and services to customers within its service area,
and without adversely affecting environmental
quality within its service area;
2. Are not intended to provide raw or finished water supply
necessary to support new growth and development within
the service area of the service provider receiving the
transfer. Neither party shall, in 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
15
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.
as4 '<:''fr�; :tisH'�;'!i'�F- � §...:._('�w3 +». :p x:� �;Na ,�.�s:'K >. 1"':., ^*1 t!v+: '�.. YI _+:f?x..;. TS'. � t_; �:...aryxr,•'a.• --• �:,:r.."rl ?:. �>!"�"'%ti?'::``FGru�'�" #,E.r1ri y +, x M,.y : y., C` 'st"�,g7 .0 .+
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
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
16
A
o0
• 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
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
17
.P
THIS AGREEMENT ENTERED INTO THIS :3- DAY OF
A
1<7 Chair, Orange,-tz7o 1joa1V of Commissioners
Attes
Att st:
C
ILL r?
stia .r±'te� 5� • l..
� Q.t
,A To -
Clerk,
�V`
ee,
srj
Ufa
of Commissi
Chapel Hill
of Hillsborough
lsg:orangecounty\41701 versionwatsewclean. agt.doc
Mayor, Town of Carrboro
Chair, OWASA Board of Directors
18
Appendix
Town
of
Hills
1MIEMORAIVD UM
TO: Mayor Phelps & Board of Commissioners
FROM: Eric Peterson, Town Manager
DATE: December 1, 2003
of Water Capacity Analysis Necessitated by the Proposed Waterstone
SUBJECT. . Update
Development & their Requested Annexation
Development has formally requested annexation and approwater sus law 11
The proposed Waterstone p
Plan. One of
the critical components of the review process is to ensure that an adequate oughat r cute. Even
be available to serve Waterstone as well as other planne e Funds issnot yet complete, the staff felt it
though the Financial Analysis of the General and iWater/Sewer n the Board for review as soon as possible.
was important to get the updated Water Capacity
It is important to keep in mind that this analysis is a model and there is no one (1) right way to perform
This model is intended to provide a "snapshot" of what Hillsborough's it is a em depl,y
this type of forecast. ears, iven a set of assumptions
situation could look like over the next ten (10) y g
Therefore, the Town Manager and staff encourage thhiBonrod 1
the assumptions can easily be changed.
identify changes they would like to make to the assumptions d uses thatdare the basis for
Commissioners to timing, year, and density of the la
especially as it relates to the location, type,
this Water Capacity Analysis
• The staff did it's best to include future developments in thas�analysis since
are likely to
be considered over the next 10 years. Please consider
presentati
� s complete.
adjustments will likely be made before the Waterstone Annexation Feasibility
J
the previous Water Capacity Analysis are very similar to past staff
The basic assumptions used in p peaking factor used y
amount of water used for residential units; retail spaces ea or impact on the bottom line results. In
the though this did not have a ) p
increased from 58% to 62.2 %,
« yield" from Phase II of the reservoir has been estimated at 1.2 Vega This was mgd•
previous studies the safe yi
based on estimates from the design engineers. The new figure used estimates tes do not include the water
The reason for using the more conservative number is that these
filters during a plant expansion (a 5.0% decrease was made for this is limited
necessary for backwashing the fist g an additional 5.0 /o since there
Also, the Town Manager felt it safest to reduce this number by he
ant to support the 1.2 mgd estimate. In discussions with to Town Engineer, discuss
historical data as this poi p .
felt that these numbers may be too conservative, so this is an assumptth s the
analBysis is that the amount of
and consider changing. One concern regarding the assumptions o •
water use for long -term redevelopment within Hillsborough's current corporate limits is underestimated —
this is a point the Board may wish to consider and/or discuss as it evaluates this information.
Water Capacity for Committed Customers Only _p Y
Surplus of 411,982 Bpd
at the end of FY14. This is without expanding the Water Treatment Plant an
Reservoir. It also would represent 86% of peak day 1 934t187 square feet of office, retail, or light
411,982 gpd is the equivalent of 1,160 houses or ,
industrial space.
r_ Ar_,. +1, Orirnlino, 27278
e Under the Committed scenario, the Town would be required by the State of N.C. begin o planning eak
Und r
the expansion of the Water Treatment Plant and Reservoir in FY08, when it reaches P
day capacity.
• State of N.C. can impose a moratorium on new connections when a system reac0h�s0 level ° within
The scenario, the system does not reach the
peak day capacity. Under the Committed
this 10 -year planning window.
• At the end of FY14 the Town is at 54% of its average day capacity.
Water Plant to 4.5 mgd capacity and
• Under the Committed Customers Only scenario, expanding the
the Reservoir to Phase II creates a surplus of 1,491,982 982 gpd.
• After expansion in the Committed Customers Only scenario, the peak day drops to 62% and average
day to 39 %, thus creating additional capacity.
Water Capaci for TotaUFull Development Scenario
• The Town would need to start design planning in FY07 (in just 2 '/2 fiscal years) f°orthreshold g the
Water Plaiit and Reservoir because the peak day capacity will have exce d d be a80% th s peak day Town
• Planning could not be delayed any later than FYO 10s1n I Would likely take that long to design and
capacity just three fiscal years down the road (FY ) .
build these expansion projects so they could be on -line by the beginning of FY10 (JulyF2009). but this
bu P
• If the peaking factor dropped from 62.2% to 50% this would free -up 127,950 gp in
would only lower the peak day demand from 93% to 90 and reservoir expansions coming on -line in
• According to the Full Development model, the plant
FY10 would drop the peak day demand to 81 %, but this is still the level the State of N.C. requires
planning for future expansion. c the Town could
• After the obligation of providing service to all the "committedT to 1, or light industrial space (on
serve an additional 4,202 homes or 6,996,727 square feet of office,
a peak day) when the expansion of the water plant and reservoir occur.
Impact of Waterstone on Hillsborough's Water Capacity
Waterstone Total Usa e Gallons Per Day
Residential + Non -Resid 282,460
Peaking Factor (62.2 %) 175,690
Water Loss (15.5 %) _........_._.,.J:43:::,g1
peak day need from Waterstone represents about 33% of the Town's remaining plant and reservoir. It
The 501,931 y water
committed water resources, including those from the future expanHfuture water supply, the
is important to note, that while this is a significant allocation of Hillsborough's
also represent a large development in an area the Town plans to grow. illsborou eh
land area and location p
o the proposed Waterstone development (and its potel2tial benefits to
one of the prima y
the quality f p P
community) warrants allocating one -third of the Town water supplY
possible approval
questions facing the Town's Board of Commissioners a g
and annexation of this project.
Observations from Review of Water Ca acitP ore to bons lopment model, Hillsborough's peak day
1. After expansion and using the Total
capacity in FY14 will be at 93 %• the future
2. The Town Board needs to review the assumptions to determine, the y indeed, l Hillborough
developments listed in this analysis represent how, where, and when
should grow.
availability of long -term water resources might encourage the Town to consider °close
providing water /sewer service reasonably close to the current
3. The limited
c more cost effective to serve for both
to the core of Hillsborough's service area will generally e m .
the General and Water /Sewer Funds operations.
limited long-term water supply underscores the importance of developxim zesedevelopment
4. The lima g
land use plan and/or strategic plan to provide for logical growth financial and "quality of life" benefits to
where it makes sense and yields the best to on how t balance competing growth interests and
Hillsborough's citizens. Determining whey .
philosophies in the community will obviously be extremely chat in supporting that are not even
5. There are likely to be developments Hillsborough ea er demand on the system's capacity.
listed on this analysis, thus possibly putting gr there is a strong
6. Even with a much slower pace of growth than is projected in this model,
possibility that Hillsborough will be looking for an additional water source in 2 years.
p ty that will not be the case for
'7. While Hillsborough currently enjoys a surplus of water capacity, not be Grove and
long, after developments that have already been ikpp1O° ant to investigate a variety of
g Hillsborough will likely Patriot's Pointe) are completed. Hence,
water conservation measures in the future so as to extend and maximize the life of its water
supply and treatment capacity. prevent
methodology of this an was conservative in many respects, so to ° could render
8. While them gy
overestimating Hillsborough's future supply, it is clearly possible ta athataare not identified,
this study insufficiently conservative enough (i.e.,
future developments
ts/hea rainfall could be making average and peak use numbers artificially low,
recent drough �'y
future droughts, etc.).
Closing id the Water Capacity Analysis as a "draft" changes
As was mentioned earlier in this memo, p lease consider
e certain to occur. Please don't hesitate to contact the Town Manager if you have any
and corrections ar -
questions, suggestions, ideas, or concerns. Thanks!
Appendix E
ORANGE COUNTY PLANNING AND INSPECTIONS
ANALYSIS OF TRANSITION AREAS
Introduction
The following analysis has been conducted to determine the development
potential of the County's 10 and 20 year Transition Areas that are adjacent to
Hillsborough and Mebane /Efland. The Chapel Hill and Carrboro Transition Areas
are jointly planned and not included in this analysis.
Developed vs. Undeveloped Acreage
The County's Geographic Information System (GIS) was used to identify
developed property using parcel data from Land Records. Specifically,
properties less than 3.0 acres that contained a structure, with a tax value greater
than $10,000, are assumed developed (Properties larger than 3.0 acres in the
Transition Areas could potentially subdivide and therefore have additional
development potential). All remaining properties, not meeting the preceding
criteria, have been considered undeveloped.
Table 1 indicates that approximately 73% of the total acreage within the
Hillsborough Transition Areas is undeveloped while approximately 80% is
undeveloped within the Mebane /Efland Transition Areas.
Table 1
Orange County Transition Areas
D to ed Versus Undeveloped Acreage
eve p
Transition Areas 10 & 20 Yr.
ED :ve loped
Undeveloped
Acres
%Undeveloped
Total Acres
re s
Mebane /Efland
613
2,424
79.8%
3,037
Hillsborough
776
2,101
73.0%
2,877
Mebane /Efland & Hillsborough
1,389
4,525
76.5%
5,914
Source: Orange County Planning and Inspections and Orange Uounty Lanu hxecoi ua
Chart 1 provides an illustration of the data provided above.
Maps 1 and 2 show developed lands within the Mebane /Efland and Hillsborough
Transition Areas, respectively.
WComprehensive Planning Div \TAltieri \land use element \OC HLSB UTA Task Force \Draft Report\Appendix E 020105.doc
Appendix E
Demand for Land
Based on historic growth trends, the demand for undeveloped land to
accommodate residential growth in the County's Transition Areas can be
estimated. It has been estimated that there will be an annual demand of 158
acres to accommodate 315 housing units i.e. 2 units /acre) in the County's
Transition Areas.
Table 2 provides the data and process used to estimate the demand for land
within the County's Transition Areas.
Table 2
Orange County Transition Areas
Population Growth and Demand for Land
OC 2003 Population
125,600
Annual Growth Rate
2.50%
Annual Population Increase
3,125
Hill /Carrboro /Hillsborou h
1,844(59%)
-Chapel
OC Planning Jurisdiction
1,281 (41%
OC Planning Jurisdiction Annual Housing Units 2.4 h
534
Annual Housing units in Transition Areas (Urbanizing)
315(59%)
Annual Housing units outside Transition Areas (Rural)
219(41%)
Source: Orange County Planning and Inspections and Office of State Planning
Assumptions:
• Based on July'02 Office of State Planning Estimate, 122,526
• Annual growth rate based on average of population growth rates experienced between
'80 -'90 and '90 -00' US Census
• Ratio of incorporated: unincorporated population as provided by '00 Census remains
constant
• Percentage of new housing units in Orange County's Transition Areas versus the balance
of the County's planning jurisdiction will mimic 2003 ratio of incorporated: unincorporated
population of Orange County
• Persons Per Household (pph), as provided by '00 Census, remains constant
GAComprehensive Planning Div \TAltieri \land use element \OC HLSB UTA Task Force \Draft Report\Appendix E 020105.doc
Appendix E
Estimate of Build -out
Based solely on the availability of undeveloped land and estimated demand, the
Hillsborough and Mebane /Efland Transition Areas should be capable of
accommodating residential development for the next 15 -20 years. However,
there are other constraints, such as public water capacities, that may play a
larger role in limiting development in Transition Areas beyond the availability of
land suitable for development.
There are many assumptions used in the methodology to determine build -out,
including the assumption that development trends will remain constant.
Therefore, development within the Transition Areas should be monitored
carefully and the location of Transition Areas revisited periodically.
Table 3 provides the data and process used to estimate build -out of the County's
Transition Areas.
Table 3
Orange County Transition Areas
Build -out Estimate
Sq Mi in Transition Areas (Urbanizing)
9.2
Acres in Transition Areas (Urbanizing)
5,914
Acres Undeveloped
4,525
Acres Undeveloped and for Residential Uses*
3,958
Acres Developed
1,389
Acres Undeveloped and Assumed Developable 80% of Total
3,166
Potential Units in Transition Areas (Urbanizing), 2 dwellings per ac.
61333
Potential Units in Transition Areas (Urbanizing), 1.5 dwellings per ac.
4,749
Years before build -out at 4 dwellings per ac. (12,6641315)
40
Years before build out at 3 dwellings per ac. 9,4981315
30
Years before build -out at 2 dwellings per ac. 6,3331315
20
Years before build -out at 1.5 dwellings per ac. (4,7491315)
1 ^- --- -_ n .. .1.
15
1 A ED^ r rr,
Source: Urange uouniy riarmmy di iu Jj IJPt-,L,uv110 011u 1yj ""u y �^• • ^ - -- -
*Excludes 567 undeveloped acres that are classified as "Commercial- Industrial Transition Activity
Node" in the County's existing Comprehensive Plan
Assumptions:
• Assumes that 80% of undeveloped acreage will be suitable /available for development,
based on County -wide soils data and an approximation of area required for
utilities /easements
• Assumes density in the Transition Areas will closely mimic that experienced in the
incorporated areas of Chapel Hill, Carrboro, and Hillsborough, 1.5 dwellings per acre in
2000 Census
G: \Comprehensive Planning Div\TAltieri \land use element \OC HLSB UTA Task Force \Draft Report\Appendix E 020105.doc
GIS map prepared by Miriam Coleman, Orange County Planning Department, 9/25/2003
Mebane /Efland
Transition Areas
Developed Lots
(<3.0 acres and
> $10,000 Housevalue)
04'm-
Legend
Developed 10yr Transition Lots (561 acres)
Developed 20yr Transition Lots (52 acres)
10 yr Transition Area (1996 acres)
20 yr Transition Area (1041 acres)
Parcels
k K
4,
r s
'►41 ENA�,
M
CL
W
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as