HomeMy WebLinkAboutPlanning Board agenda 010219 1
ORANGE COUNTY PLANNING DEPARTMENT
131 W. MARGARET LANE, SUITE 201
HILLSBOROUGH, NORTH CAROLINA 27278
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AGENDA
ORANGE COUNTY PLANNING BOARD
NOTE CHANGE FROM USUAL LOCATION!!
WHITTED BUILDING
300 WEST TRYON STREET, 2ND FLOOR
HILLSBOROUGH, NORTH CAROLINA 27278
Wednesday, January 2, 2019
Regular Meeting — 7:00 pm
No. Page(s) Agenda Item
1. CALL TO ORDER
2. ELECTION OF CHAIR AND VICE-CHAIR FOR 2019
3. INFORMATIONAL ITEMS
3 - 4 a. Planning Calendar for January and February
4. APPROVAL OF MINUTES
5 - 5 November 7, 2018 Training Notes
6 - 10 November 7, 2018 Regular Meeting
11 - 12 November 7, 2018 Ordinance Review Committee Notes
5. CONSIDERATION OF ADDITIONS TO AGENDA
6. PUBLIC CHARGE
Introduction to the Public Charge
The Board of County Commissioners, under the authority of North Carolina General Statute,
appoints the Orange County Planning Board (OCPB)to uphold the written land development
laws of the County. The general purpose of OCPB is to guide and accomplish coordinated and
harmonious development. OCPB shall do so in a manner which considers the present and
future needs of its residents and businesses through efficient and responsive process that
contributes to and promotes the health, safety, and welfare of the overall County. The OCPB
will make every effort to uphold a vision of responsive governance and quality public services
during our deliberations, decisions, and recommendations.
Public Charge
The Planning Board pledges its respect to all present. The Board asks those attending this
meeting to conduct themselves in a respectful, courteous manner toward each other, County
staff, and Board members. At any time should a member of the Board or the public fail to
observe this charge, the Chair will take steps to restore order and decorum. Should it
become impossible to restore order and continue the meeting, the Chair will recess the
2
No. Page(s) Agenda Item
meeting until such time that a genuine commitment to this public charge is observed.
The Planning Board asks that all electronic devices such as cell phones, pagers, and
computers should please be turned off or set to silent/vibrate.
Please be kind to everyone.
7. CHAIR COMMENTS
8. UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS -
13 - 50 STORMWATER REGULATIONS-To make a recommendation to the BOCC
on proposed amendments to the UDO regarding stormwater
regulations, in response to changes in State laws.
Presenter: Michael Harvey, Current Planning Supervisor
9. EFLAND-BUCKHORN-MEBANE ACCESS MANAGEMENT PLAN -To receive an
51 - 55 update on updates to the Efland-Buckhorn-Mebane Access
Management Plan.
Presenter: Nish Trivedi, Transportation Planner
10. ADJOURNMENT
IF AN EMERGENCY OCCURS, OR IF YOU ARE RUNNING LATE FOR THE MEETING, PLEASE LEAVE A VOICE
MAIL FOR PERDITA HOLTZ(919-245-2578).
3
Sunday 77Monday Tuesday Wednesday Thursday Friday Saturday
1 2 3 4 5
Holiday Planning Board
Meeting
7:00 pm*
(Training
Session 6:30)
Whitted
Building
6 7 8 9 10 11 12
13 14 15 16 17 18 19
Board of OUTBoard
Adjustment meeting @
Meeting @ 6:30 pm
7:00 pm WCOB 204
Whitted
Building
120 21 22 23 24 25 26
Holiday BOCC Meeting
@ 7:00 pm
Whitted
Building
27 28 29 30 31
Assembly of Notes:
Governments *Planning Board Member
@ 7:00 pm Attendance Required or
Whitted Encouraged
Building WCOB=West Campus Office
Building(131 W. Margaret Lane,
Hillsborough)
4
Sunday7 Monday Tuesday Wednesday Thursday Friday Saturday
1 2
Notes:
*Planning Board Member Attendance Required or
Encouraged
WCOB=West Campus Office Building(131 W.
Margaret Lane, Hillsborough)
3 4 5 6 7 8 9
Regular BOCC Planning Board
Meeting Meeting
7:00 pm 7:00 pm*
Whitted Whitted
Building Building
10 11 12 13 14 15 16
BOCC Work Joint
Session 7:00 BOCC/Town Of
pm Southern Hillsborough
Human @7:00 pm
Services Whitted
Building
17 18 19 20 21 22 23
Regular BOCC OUTBoard
Meeting meeting @
7:00 pm 6:30 pm
Southern WCOB 204
Human
Services
24 25 26 27 28
5
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 NOVEMBER 7,2018
4 TRAINING SESSION
5
6 NOTE: A quorum is not required for Planning Board Training Sessions.
7
8 MEMBERS PRESENT: Kim Piracci, At-Large; Adam Beeman, Cedar Grove Township Representative; Randy Marshall (Vice-
9 Chair),At Large Bingham Township;
10
11 MEMBERS ABSENT: Laura Nicholson, Eno Township Representative; Lydia Wegman (Chair), At-Large Chapel Hill Township
12 Representative; Buddy Hartley, Little River Township Representative; Hunter Spitzer, At-Large, Hillsborough Township; David
13 Blankfard, Hillsborough Township Representative;Alexander Gregory, Chapel Hill Township Representative; Patricia Roberts,
14 Cheeks Township Representative; Paul Guthrie, At-Large Chapel Hill Township; Carrie Fletcher, Bingham Township
15 Representative;
16
17 STAFF PRESENT: Perdita Holtz, Planner III
18
19 AGENDA ITEM 1: PLANNING BOARD TRAINING SESSION — Staff will lead training in various planning topics using on-line
20 videos produced by the UNC School of Government and augmented as necessary by staff-produced
21 materials. This will be a monthly training session for several months; beginning in January 2018 and
22 ending after all of the video modules have been completed.
23 PRESENTER: Perdita Holtz, Planner III
24
25
26 Perdita Holtz conducted a training session on various aspects of planning.
27
28 Meeting was adjourned by consensus.
6
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 NOVEMBER 7,2018
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Randy Marshall (Vice-
8 Chair), Bingham Township Representative; Kim Piracci,At-Large;Adam Beeman, Cedar Grove Township
9 Representative; Hunter Spitzer, At-Large; Paul Guthrie, At-Large Chapel Hill Township; Alexander Gregory, Chapel
10 Hill Township Representative; David Blankfard, Hillsborough Township Representative;
11
12
13 MEMBERS ABSENT: Carrie Fletcher, Bingham Township Representative; Patricia Roberts, Cheeks Township
14 Representative; Laura Nicholson, Eno Township Representative; Buddy Hartley, Little River Township
15 Representative;
16
17
18 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Supervisor; Michael Harvey,
19 Current Planning Supervisor; Tina Love,Administrative Assistant III
20
21
22 OTHERS PRESENT: Nikki Catalano, Minutes Preparer;John Bannon
23
24
25 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
26 Chair Lydia Wegman called the meeting to order at 6:58 p.m.
27
28
29 AGENDA ITEM 2: INFORMATIONAL ITEMS
30 a. Planning Calendar for November and December
31
32
33 AGENDA ITEM 3: APPROVAL OF MINUTES
34 October 3, 2018, Regular Meeting
35
36 MOTION by Paul Guthrie to approve the October 3, 2018 Regular Meeting Minutes. Seconded by David Blankfard.
37 VOTE: Unanimous
38
39
40 AGENDA ITEM 4: CONSIDERATION OF ADDITIONS TO AGENDA-Craig Benedict, Planning Director will give an update on
41 the Efland-Buckhorn-Mebane Access Management Plan at the end of the meeting.
42
43
44 AGENDA ITEM 5: PUBLIC CHARGE
45 Chair Lydia Wegman noted there was no public present, so she did not read the public charge.
46
47 INTRODUCTION TO THE PUBLIC CHARGE
48 The Board of County Commissioners, under the authority of North Carolina General Statute,
49 appoints the Orange County Planning Board (OCPB)to uphold the written land development law of
5o the County. The general purpose of OCPB is to guide and accomplish coordinated and
51 harmonious development. OCPB shall do so in a manner, which considers the present and future
52 needs of its citizens and businesses through efficient and responsive process that contributes to
53 and promotes the health, safety, and welfare of the overall County. The OCPB will make every
54 effort to uphold a vision of responsive governance and quality public services during our
55 deliberations, decisions, and recommendations.
7
56
57 PUBLIC CHARGE
58 The Planning Board pledges to the citizens of Orange County its respect. The Board asks its
59 citizens to conduct themselves in a respectful, courteous manner, both with the Board and with
60 fellow citizens. At any time, should any member of the Board or any citizen fail to observe this
61 public charge,the Chair will ask the offending member to leave the meeting until that individual
62 regains personal control. Should decorum fail to be restored, the Chair will recess the meeting
63 until such time that a genuine commitment to this public charge is observed.
64
65
66 AGENDA ITEM 6: CHAIR COMMENTS
67 There were none
68
69
70 AGENDA ITEM 7: PLANNING BOARD ANNUAL REPORT AND WORK PLAN-To discuss the annual input form which informs
71 the BOCC of the past year's activities of advisory boards/commissions and assists in overall County work planning.
72
73 PRESENTER: Craig Benedict, Planning Director
74
75 Craig Benedict presented a PowerPoint presentation to the Board regarding annual report and work plan.
76
77 Craig Benedict: There is a question from our commissioners about what collaboration has occurred between this
78 board and other boards. There is not direct collaboration with other advisory boards. Some material is forwarded to
79 departments such as the Department of Environment, Resource, and Conservation regarding roads and streams. In
80 the coming year,we will suggest a follow up to our 2008 approved Comprehensive Plan regarding trends and new
81 census information. Eight separate advisory boards were active in the preparation of the 2008 Comprehensive Plan
82 and there were joint meetings that occurred. If we develop a good framework,we can get with the commissioners of
83 the other boards and be efficient in however we meet.
84
85 Paul Guthrie: Do you have any people to monitor what is going on, in the other boards?
86
87 Craig Benedict: Yes. We have small divisions in planning that are special projects divisions which Perdita is a part
88 of. Ashley Moncado works with the Housing Department and the school board for some of the staff. Perdita has
89 helped as liaison with the Parks and Recreation Advisory Board. Tom Altieri will help with the framework of the
90 Comprehensive Plan update.
91
92 Craig Benedict: The commissioners have asked about economic development. The 2019 Work Plan will include:
93 Rezoning of Efland-Buckhorn-Mebane Commercial Industrial Transition Activity Node (CITAN),tables of permitted
94 use revisions, analysis and revisions to the economic development zone districts, affordable and senior housing,
95 population projections, parks and recreation dedications and payment in lieu fees,fiscal impact analysis, clustering in
96 rural areas, legislative changes, streamline regulations, and the 2019 BOCC Retreat. Emerging issues on the work
97 plan will include: rural enterprises,training and planning for board members, nuisance ordinance,transportation
98 issues,wireless and broadband access, long-term planning for potable water and waste disposal, mass
99 gatherings/special events.
100
101 Alexander Gregory: What does the nuisance ordinance cover?
102
103 Craig Benedict: Cities have an ability to enforce certain regulations on the appearance of land and houses. We
104 have elements to help correct things like junk cars and major health hazards. Not the ability as much as we need to
105 accomplish having things looking good in and around our economic development zones. When we have these urban
106 designated areas in the county, should we not have similar municipal controls to protect that intensity of value that we
107 have designated in a part of the county? We will put this in our legislative package to the legislature.
108
109 Randy Marshall: At one time,didn't Orange County have a program to rid of dilapidated mobile homes? Is there
110 anything that you could do to pursue that?
8
111
112 Craig Benedict: I was just discussing that with Michael Harvey. We tried to get grants for the removal and
113 deconstruction of them. It's not a building code issue. We can't use our dilapidated housing ordinance because it's
114 not a building code structure; it's a licensed vehicle. We do have problems with the enforcement of that. We would
115 like work with our solid waste department to see if there is a way to haul them away and dispose of them. We'll write
116 as an initiative.
117
118 Paul Guthrie: Does the Health Code help you in that?
119
120 Craig Benedict: If it attracted vermin or something like that we could bring the health department forward. The solid
121 waste department helps with debris and our own enforcement for junk vehicles, but there are still other issues that tie
122 in there.
123
124 Paul Guthrie: We have to have some funding source. Are there other grants still available or would it have to be a
125 direct allocation from the commissioner?
126
127 Craig Benedict: Most likely a direct allocation. Some of the mobile home parks are in the path of development. We
128 are finding that some of the mobile homes cannot be moved into the city because of age and city standards. We
129 have modified some of our home park regulations to allow some movement and removal of these older homes.
130
131 Randy Marshall: It will be incumbent on the county at some point in time to try to create communities for the people
132 who are being displaced in the municipalities.
133
134 Craig Benedict: We have a new housing director who has been very proactive with these issues called a Rapid
135 Response Mobile Home Displacement Committee.
136
137 Lydia Wegman: Just on the clustering of rural areas, it that related to the rural buffer?
138
139 Craig Benedict: It could include the rural buffer. If you offer more open space you can cluster more. We will
140 examine if there is any interest in doing something like that. Is it viable to the private development community to see
141 how it works?
142
143 Craig Benedict: Are there any other emerging issues to put on the list coming up? We will turn this in in the next
144 couple weeks. If anything comes up send an email to Meredith or Perdita or Myself or Tina and we'll add a footnote
145 on the page.
146
147 Paul Guthrie: In your report to the commissioner,will you put in there what your future vision for the county is and all
148 the aspects that you are involved with?
149
150 Craig Benedict: Yes and no. There have been questions about the locations of our economic development areas
151 and if they are buildable. Location wise they are, utility wise to a good degree, but are there other issues that should
152 be examined. Every time we bring this forward,there is a background question about that vision. Where do you
153 grow,where do you not grow? Are regulations protecting our water sheds enough on the curb growth in certain
154 areas, and are there other areas where we should prompt development to improve the tax base? If we can push
155 environment, economic development, social equity, and push them together with a good planning model and have an
156 area that would address those areas.
157
158 Kim Piracci: Climate change is coming and as we saw with Michael, the buildings on the Florida coast that were built
159 to a certain standard withstood the hurricane. This seems to be something to think about in terms of future
160 development.
161
162 Craig Benedict: There have been some comprehensive plans that include a climate element and the resiliency of
163 flooding and climate.We will write that down. Planning gets into those areas.
164
9
165 Randy Marshall: In one community there is a concern about conservation easements. How to establish what the
166 provisions are, and how those are monitored and policed to make sure whatever the easement restrictions are, are
167 being enforced. I am not sure if there is a need to examine conservation easements across the county.
168
169 Craig Benedict: We will mention that when we take a look at updating the Comprehensive Plan. When we do an
170 evaluation and appraisal report of your programs, that topic should come up. It won't be directly in our department,
171 but it is in the Department of Environment and Agriculture and Parks and Recreation. That was under their policy
172 area that we'll bring up to them.
173
174 Lydia Wegman: Thank you. I look forward to the coordination with other advisory boards and how that works out.
175
176 Perdita Holtz: We need you to adopt this with changes or we can make the changes and bring it back next month.
177 This would be the only item agenda item next month.
178
179 Lydia Wegman: So that's an incentive for us to deal with it now. What is it you need from us? You want us to adopt
180 it with revisions as discussed.
181
182 Perdita Holtz: The attached Annual Report and these are the things I have to add as emerging issues: removal of
183 uninhabited mobile homes in poor condition,ways to accommodate displaced mobile home residents particularly in
184 the towns; renewable energy to continue to promote and allow large scale solar facilities in appropriate areas;
185 accessory dwelling units to promote affordable housing; climate change particularly considering increasing building
186 standards to better withstand strong storms and lastly conservation easements ensuring requirements of easements
187 are being met.
188
189 Paul Guthrie: Can I suggest a change to the climate change, to encourage buildings and developments to take into
190 account long term changes.
191
192 David Blankfard: I think we need to pay particular attention to flood areas to encourage building that encourages
193 setbacks beyond the 100-year floodplain.
194
195 Lydia Wegman: I have concerns about large scale solar facilities. After the last solar facility discussion,further work
196 was to have been done. I do not know that further work was done to provide specific thoughts on more appropriate
197 locations. Do you recall that, Craig?
198
199 Craig Benedict: We were doing an analysis to find out where they can tie in to the grid like where is the crisscrossing
200 of the major transmission lines? But not how we could say this area more than another area.
201
202 Lydia Wegman: I will simply express my discomfort with the language you just read.
203
204 Craig Benedict: We will analyze locational criteria.
205
206 Paul Guthrie: Do you ever take a look at the access to other forms of energy such as natural gas or something of
207 that order?
208
209 Craig Benedict: When we look at the comprehensive plan there's an infrastructure element and probably we could
210 update it with a little more telecommunication information and energy information. We will take with the amendment
211 that you mentioned that Perdita picked up on,with those changes would the list be appropriate for adoption?
212
213 Kim Piracci: Before we do,what is your reservation about large scale solar?
214
215 Lydia Wegman: I am not persuaded that large-scale solar facilities are in fact a good renewable resource for this
216 county. There are other forms of solar that might be appropriate.
217
218 Kim Piracci: When there are large scale facilities aren't there guidelines? Are there regulations regarding trees and
219 things that have to be built to block that they are visual?
10
220
221 Lydia Wegman: They are not always effective. It depends on where they are located.
222
223 Craig Benedict: There are standards, but those standards may not meet the standard that people have an
224 expectation of. We will make the amendment to say we are investigating the Iocational criteria and the advent of
225 solar facilities in the county when we make the comprehensive plan. This is not going to prompt an amendment to
226 our LIDO until we do a lot more research.
227
228 MOTION by Hunter Spitzer to approve the Annual Work Plan with the requested amendment to the Work Plan.
229 Seconded by Kim Piracci.
230 VOTE: Unanimous
231
232 Craig Benedict: I'll give you a quick update on the Efland-Mebane Access Management Plan. We had that on the
233 agenda for November 1. The discussion of what an access management plan does and doesn't do was continued as
234 a clarification for other departments,other advisory boards, the development community,and specifically, the
235 economic development commission. We met with economic development staff and one or two members of their
236 economic commission. There are both positives and negatives that can occur with access management plans. I may
237 ask a member of the planning board to be a representative if we do meet with a few members of another advisory
238 board to discuss the benefits.
239
240 What we are doing now is when we ask for a road to meet a certain cross section, it's two lanes now. Why are we
241 saying a two-lane road needs a 100-foot right of way in the future? People might remember Mebane Oaks Road just
242 10, 15 years ago, as a two-lane road, and now you see what is there. If you didn't ask for the right of way when
243 development occurred, it would be more problematic. There are a lot of cases here having the ability to get right of
244 way or directing undeveloped areas to a potential intersection where a traffic light could be located based on NCDOT
245 criteria is a better thing than allowing multiple drive ways to come out onto these roads to create frontage roads. We
246 have to create a visual of that, so people can understand what does it mean when this is the preferred access point
247 that can have a traffic light in the future? What does a frontage road mean? What does a service road mean? The
248 more problematic elements of it is these connect roads,the dash connector roads,that might go through the middle
249 of undeveloped properties. What does it mean when the dashed line is on the map? It will be more of an
250 educational process and to see if there are any pluses or minuses and if there is any hybrid solution as to how it
251 could occur in the future. Instead of airing it out in a public hearing or if there is community concern,we want to
252 have pictures of why it works and if there are thoughts of negative impacts of it why is it better to have it than not
253 have it?
254
255 Lydia Wegman: All right,we are ready to conclude the Planning Board meeting.
256
257
258 AGENDA ITEM 8: ADJOURNMENT
259 MOTION made by Lydia Wegman to adjourn at 7:45 p.m. Seconded by Hunter Spitzer.
260 VOTE: Unanimous
261
262
263
264 Lydia N. Wegman, Chair
11
1 SUMMARY NOTES
2 ORANGE COUNTY PLANNING BOARD
3 NOVEMBER 7,2018
4 ORDINANCE REVIEW COMMITTEE
5
6 NOTE: A QUORUM IS NOT REQUIRED FOR ORDINANCE REVIEW COMMITTEE MEETINGS.
7
8 MEMBERS PRESENT: Lydia Wegman (Chair),At-Large Chapel Hill Township Representative; Randy Marshall (Vice-
9 Chair), Bingham Township Representative; Kim Piracci,At-Large;Adam Beeman, Cedar Grove Township
10 Representative; Hunter Spitzer,At-Large; Paul Guthrie,At-Large Chapel Hill Township;Alexander Gregory, Chapel
11 Hill Township Representative; David Blankfard, Hillsborough Township Representative;
12
13
14 MEMBERS ABSENT: Carrie Fletcher, Bingham Township Representative; Patricia Roberts, Cheeks Township
15 Representative; Laura Nicholson, Eno Township Representative; Buddy Hartley, Little River Township
16 Representative;
17
18
19 STAFF PRESENT: Craig Benedict, Planning Director; Perdita Holtz, Planning Systems Supervisor; Michael Harvey,
20 Current Planning Supervisor;Tina Love,Administrative Assistant III
21
22
23 OTHERS PRESENT: Nikki Catalano, Minutes Preparer;John Bannon
24
25 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
26 Planning Board Chair Lydia Wegman called the meeting to order at 7:45 P.M.
27
28 AGENDA ITEM 2: UNIFIED DEVELOPMENT ORDINANCE (UDO)TEXT AMENDMENTS STORMWATER
29 REGULATIONS-To review and discuss proposed amendments to the UDO regarding stormwater regulations, in
30 response to changes in State laws.
31
32 PRESENTER: Michael Harvey, Current Planning Supervisor
33
34 Michael Harvey: There are two types of a regulations: water flow, how much can come of a property; and water
35 quality,what are you doing to treat the water coming off the property. Orange County has effectively two basins:
36 Neuse and the Jordan. These areas have storm water management criteria that regulate both the quality and
37 quantity of water and its regulations have been adopted consistently with authorizations enacted at the state level. In
38 the 2000's the state adopted what is commonly referred to as the Jordan Lake rules which were intended to establish
39 nutrient reduction requirements for development within that basin. I am here before you to amend the Unified
40 Development Ordinance to remove appropriate references to our ability to enforce water quality stormwater
41 regulatory standards from parcels of property within the Jordan Lake River basin because we no longer have the
42 legal authority under state to regulate that enforcement. This package will eliminate references to the
43 nitrogen/phosphorus rule requirements based on land disturbing thresholds for parcels or property within the Jordan
44 Lake River basin. We will still enforce water quantity standards, but we cannot treat or require the treatment of
45 runoff. We have a regulatory standard in our Unified Development Ordinance that we cannot enforce and therefore
46 needs to be removed from the(UDO). It has no legal standing for us. This text amendment just eliminates all
47 references to our legal ability to enforce a water quality standard.
48
49 Paul Guthrie: With reference to the John Edwards property, how are they planning to deal with draining directly into
50 a major tributary.
51
12
52 Michael Harvey: This particular parcel of property?
53
54 Paul Guthrie: That whole parcel does.
55
56 Michael Harvey: The plan has not been solidified or formally submitted. Water quantity standards will still have to be
57 met through the pre-post rule and more water will not be allowed to run off the property after it is developed than
58 currently runs off it right now.
59
60 Hunter Spitzer: How is that measured?
61
62 Michael Harvey:An engineer has to do a hydrologic assessment and have to submit documentation. It is up to the
63 Orange County Erosion and Storm Water staff to verify compliance through periodic inspections.
64
65 Hunter Spitzer: If we don't amend,will there be consequences should someone complete the regulations without us
66 having to enforce them?
67
68 Michael Harvey: Yes,we could be sued.
69
70 Hunter Spitzer: Can they be left as recommendations?
71
72 Michael Harvey: No. We do not have the legal authority to suggest that. The state has eliminated our ability to talk
73 about water quality regulations in Jordan. The County Attorney's office wants them removed and we agree.
74
75 Lydia Wegman: Rather than removing it our altogether, is there a way to put a statement saying these rules are not
76 currently enforceable because the state is currently reviewing water quality standards?
77
78 Michael Harvey: They need to be removed because we do not know what the final rules will look like. To avoid
79 potential litigation, it is incumbent upon us to ensure that our ordinance properly reflects the authority granted to us
80 by the state to enforce whatever standard we are authorized to do.
81
82 Paul Guthrie: Do you want federal standards to be involved with our controlling streams?
83
84 Michael Harvey: This ordinance has a compliance point with applicable state and federal standards. Anytime there
85 is a permit requirement we have to involve the Army Corp of Engineers when there is a stream crossing.
86
87 Paul Guthrie: Do you have regular conversations with OWASA?
88
89 Michael Harvey: OWASA has reviewed this and have discussed with both Ruth Rouse, my counterpart at OWASA,
90 and Allison Rinehart,a former Orange County employee in Erosion Control.
91
92 Michael Harvey: Nomenclature changes will also be made in the text amendment. The state agency that addresses
93 this has changed. We are also eliminating references to best management practice. Its now the vernacular at the
94 state level is Storm Water Control Measure or(SCM). Appropriate modifications will be made to Section 614 as
95 necessary to ensure compliance.
96
97 AGENDA ITEM 3: ADJOURNMENT
98 The ORC concluded its meeting at 8:03 P.M.
99
100 Lydia N. Wegman, Chair
13
ORANGE COUNTY
PLANNING BOARD ORDINANCE REVIEW COMMITTEE
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 2, 2019
Action Agenda
Item No. 8
SUBJECT: Unified Development Ordinance (UDO) Text Amendments — Enforcement of
Nutrient Standards within the Jordan Lake Watershed
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Statement of Consistency Michael D. Harvey, Planner III (919) 245-2597
2. UDO Amendment(s) Craig Benedict, Director (919) 245-2575
3. Watershed Map
PURPOSE: To review and make a recommendation to the Board of County Commissioners
(BOCC) on a Planning Director initiated Unified Development Ordinance (UDO) text amendment
eliminating existing regulations associated with the enforcement of nutrient/water quality
regulations within the Jordan Lake Watershed as well as updating references to State agencies
and regulations consistent with recent changes in State law.
BACKGROUND: Orange County's UDO currently regulates erosion & sedimentation control for
non-farmland disturbing activities, as well as stormwater runoff, from new development under
the general oversight of the North Carolina Department of Environmental Quality (DEQ).
Part of these regulations include the enforcement of what is commonly referred to as the `Jordan
Lake Rules', which are nutrient reduction strategies designed to address/restore water quality in
Jordan Lake by reducing the amount of pollution (nutrients) entering upstream. These rules
became effective on August 11, 2009. Orange County adopted amendments into the UDO in
2012 incorporating said standards consistent with applicable State timelines.
In 2017 the State chose to delay the implementation/enforcement of nutrient/water quality
regulations for parcels within the Jordan Lake Watershed to allow for additional study. This
proposed text amendment seeks to bring the County's UDO into alignment with current DEQ
regulatory requirements related to the Jordan Lake Rules as we no longer have the authority to
enforce the proposed, yet delayed, higher standard(s).
Attachment 2 contains the draft UDO text amendment intended to address this matter.
Attachment 3 contains a map denoting the watershed areas in the County.
These amendments are expected to be on the BOCC's public hearing agenda on March 7,
2019.
Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `...
cause an analysis to be made of the application and, based upon that analysis, prepare a
14
recommendation for consideration by the Planning Board and the Board of County
Commissioners'. The amendments are necessary to bring the County's UDO into alignment
with current DEQ regulatory requirements related to the implementation/enforcement of the
`Jordan Lake Rules' as the County no longer has the authority to enforce same. The County still
enforces nutrient reduction strategies within the Neuse River Basin. The proposed amendments
only impacts properties within the Cape Fear River Basin, where the County has no legal
mechanism to implement and enforce nutrient reduction strategies based on current State law.
Planning Director Recommendation: The Planning Director recommends approval of the
Statement of Consistency, as contained in Attachment 1, and the LIDO Text Amendment, as
contained within Attachment 2.
FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal advertisement for the text
amendment will be paid from FY2018-19 Departmental funds budgeted for this purpose.
Existing Planning staff included in the Departmental staffing budget will accomplish the work
required to process these amendments.
RECOMMENDATION(S): The Planning Director recommends the Planning Board:
1. Review the proposed amendments to the UDO,
2. Deliberate on the proposal as desired,
3. Consider the Planning Director's recommendation(s), and
4. Make a recommendation to the BOCC on:
a. The Statement of Consistency for proposed UDO Text Amendment(s) (Attachment
1), and
b. Proposed UDO Text Amendment(s) (Attachment 2).
in time for the March 7, 2019 Public Hearing.
15
Attachment 1
STATEMENT OF APPROVAL AND CONSISTENCY
OF A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
WITH THE ADOPTED ORANGE COUNTY 2030 COMPREHENSIVE PLAN
Orange County has initiated an amendment to the Unified Development Ordinance
(UDO) eliminating existing regulations associated with the enforcement of nutrient/water
quality regulations within the Jordan Lake Watershed as well as updating existing references
to State agencies and regulations consistent with State law.
The Planning Board hereby approves the proposed text amendment and finds:
a. The requirements of Section 2.8 of the UDO have been deemed complete; and,
b. Pursuant to Sections 1.1.5, and 1.1.7 of the UDO and to Section 153A-341 of the
North Carolina General Statutes, the Board finds sufficient documentation within
the record denoting that the amendment is consistent with the adopted 2030
Comprehensive Plan.
1. The amendment is consistent with applicable plans because it supports the
following 2030 Comprehensive Plan goals and objectives:
• Land Use Goal 6 — A land use planning process that is transparent,
fair, open, efficient, and responsive.
These amendments are consistent with this goal and
objective by eliminating regulations the County is no longer
able to enforce based on current State law.
c. The amendment is reasonable and in the public interest because it:
1. Ensures legal sufficiency by eliminating regulatory requirements that are
unenforceable at this time.
These amendments ensure uniformity by eliminating references to
regulations the State has delayed the implementation of.
2. Ensures legal sufficiency by updating references to various State agencies
and programs.
This amendment updates existing references to State agencies and
development requirements thereby eliminating confusion for the
reader.
The Planning Board hereby adopts this Statement of Approval and Consistency as well
as the findings expressed herein.
Lydia Wegman, Chair Date
Attachment 2
Article 1: Administrat"
Section 1.1: General Provisions
1.1.6 pplicability and Jurisdiction zz
Exc t as otherwise expressly stated, this Ordinance applies to all development, pub' or private,
within unincorporated area of Orange County or outside of existing municipal tra-territorial
jurisdictio boundaries, or established Joint Planning Areas, approved by th we, Board of
Commissione to the extent allowed by law.
1.1.7 Conformance with opted Plans
(A) The provisions o is Ordinance, and<ed
posed a ndment thereto, shall be
consistent with the g Is and policies in t Orange County Comprehensive
Plan and/or any speciali d study apy e Orange County Board of
Commissioners relating to I d use dent within the County's planning
jurisdiction.
(B) The enforcement, interpretation, anon of the standards contained herein shall
be consistent with the goals and oli Comprehensive Plan and shall not create
a situation that is inconsisten ith thnd policies contained therein.
1.1.8 Regulation of Farming and na Fide Faries
Xwithin
ns of this Or ' ance which are adopted under Cha r 153A, Article 18, Part 3 do not
perty use or bona fide farm purposes, as defined wit ' North Carolina General
cept ollows:
n-farm use of farm property,
pliance with all regulations required to be imposed by the Federal ergency
nagement Agency (FEMA)through the National Flood Insurance Progra including all
licable Flood Insurance Rate Maps (FIRM), and
mpliance with the Orange County flood damage prevention regulations as detaile
in this Ordinance.
1.1.9 Relationship with Other Laws, Covenant, or Deed Restrictions
(A) If the provisions of this Ordinance are inconsistent with those of state and/or federal law,
the more restrictive provision governs, to the extent permitted by law. The more
restrictive provision is the one that imposes greater restrictions or more stringent controls.
(B) If the provisions of this Ordinance are inconsistent or conflict with provisions found in
other adopted ordinances or regulations of the County, the more restrictive provision
governs. The more restrictive provision is the one that imposes greater restrictions or
more stringent controls.
(C) In accordance with this Ordinance, a property owner may be required to record deed
restrictions, covenants, or other legal documentation outlining development limitations or
imposing regulatory standards on the perpetual development and/or use of property.
While the County may require such legal documents to be recorded as part of the normal
development review process, the County has no enforcement authority over private
covenants or deed restrictions that are not based on development limitations imposed by
this Ordinance. This Ordinance is not intended to interfere with, abrogate or annul any
easement, covenant, deed restriction or other agreement between private parties.
Orange County does not enforce private agreements.
(D) Town of Chapel Hill Land Development Standards: The regulations governing the use of
land and structures as contained in the Town of Chapel Hill Land Development
Ordinance are hereby adopted by reference as fully as though set forth herein. The
regulations shall be applicable to that portion of the Transition Area located within the
Chapel Hill Joint Development Review Area as prescribed in the adopted Joint Planning
Area Land Use Plan and the adopted Joint Planning Area Land Use Map.
Orange County, North Carolina—Unified Development Ordinance Page 1-3
Article 1: Administratip'?
Section 1.1: General Provisions
(E) Town of Carrboro Land Development Standards: The regulations governing the use of
land and structures as contained in the Town of Carrboro Land Use Ordinance are
hereby adopted by reference as fully as though set forth herein. The regulations shall be
applicable to that portion of the Transition Area located within the Carrboro Joint
Development Review Area as prescribed in the adopted Joint Planning Area Land Use
Plan and the adopted Joint Planning Area Land Use Map.
(F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules
(Jordan Lake Rules)of 15A NCAC 02B .0265, .0267 and .0268, cent,nn (d) of S8SSien
Law 2009 216 and Section 62 (n) of Session Law 2009_216
Session Law 2009 484 'apply to all lands within the Jordan Lake Watershed portion of
Orange County. Wherever standards of the Jordan Lake Rules and the standards listed
in this ordinance differ, the more restrictive provisions shall apply.
(G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the
riparian buffer protection rules (Neuse Rules) of 15ANCAC 02B .0235, .0240, .0233,
.0241, and .0242 apply to all lands within the Neuse River Basin portion of Orange
County. Wherever standards of the Neuse Rules and the standards listed in this
ordinance differ, the more restrictive provisions shall apply.
(H) The Falls Reservoir Water Supply Nutrient Strategy: Stormwater Management for New
Development Rule of 15A NCAC 02B .0277 applies to all lands within the Falls Lake
Watershed portion of Orange County, except where standards in this Ordinance are more
restrictive.
(I) The Inr /`tee-Supply Nutrient Strategy: Sterrm.yater Management for Nel'v
Development Rule of 15A NCAC 02B 0265 applies to all lands within the Inman. I al.e
t�tr o.c�c2
res
1-4.,10 Coordination with Other Regulations
ferences contained within the Ordinance to other municipal, county, state, or eral
regula are for informational purposes only and do not constitute a comp list of such
regulations. se references do not imply that the county is responsib or enforcing municipal,
state, or federal r ations.
1.1.11 Delegation of Authority
Provisions of this Ordinance requiring officer ployee, board or commission to perform an
act or duty, shall be interpreted as authori the referenced officer, employee, board or
commission to delegate that responsi i y to oth over whom they have authority.
1.1.12 Headings and Illustratio
Headings and illus ions contained herein are provided for conveni a and reference only and
do not define emit the scope of any provision of this Ordinance. In case ny difference of
meanin implication between the text of this Ordinance and any heading, dra table,
fig or illustration, the text controls.
1 In 2009 the State of North Carolina enacted nutrient regulations within the Jordan Lake River Basin. The purpose
of these regulations was to require nutrient reduction(i.e. phosphorous and nitrogen)as part of development
projects requiring a stormwater permit. Ultimately the program was designed to address the impairment of
Jordan Lake. Session Law(s) 2015-246 and 2016-94 effectively delayed the implementation of these nutrient
reduction standards for parcels within the Cape Fear River Basin to allow State staff to study the issue in greater
detail. As a result staff is amending the UDO to eliminate references to our ability to enforce said standards.
z Specific language removed due to the delay in the authorization to implement and enforce nutrient regulations
within the Cape Fear River Basin, commonly referred to as the 'Jordan Lake Rules'.
Orange County, North Carolina—Unified Development Ordinance Page 1-4
Article 2: Procedu"
Section 2.20: Stream Buffers—Use Authorization Certificate
2.20.1 se Authorization Certificate
(A) Application Requirements
An application for a Use Authorization Certificate shall be file with the Erosion
Control Officer on forms provided by the Planning Depart nt.
(2) Complete applications shall include the following:
(a The name, address and phone number of a applicant;
(b) The nature of the activity to be conduc d by the applicant;
(c) T location of the activity, includi the jurisdiction;
(d) A map f sufficient detail to ac rately delineate the boundaries of the
land to b utilized in carryin out the activity, the location and dimensions
of any distu ance in npa i n buffers associated with the activity, and the
extent of ripar n buffe on the land;
(e) An explanation of y this plan for the activity cannot be practically
accomplished, r uc d or reconfigured to better minimize disturbance to
the riparian b er, pres a aquatic life and habitat and protect water
quality; an
(f) Plans f any best manageme t practices proposed to be used to control
the i pacts associated with the tivity.
(B) Timeframe for view
(1) All re bests shall be reviewed by the Erosion Co rol Officer and either approved
or enied within 60 days of receipt of a complete a lication.
(2) ailure to issue an approval or denial within 60 days sh I constitute that the
applicant has demonstrated "no practical alternatives."
The Erosion Control Officer may attach conditions to the Auth ization Certificate
that support the purpose, spirit and intent of the riparian buffer p tection
program.
C) Disputes
Any disputes over determinations regarding Authorization Certificates shall be refe d to
the Division of Water Quality of the North Carolina Department of Environment and
Natural Resources for a decision.
SECTION • '
2.21.1 Stormwater Management Plan
(A) Application Requirements
(1) An application for approval of a Stormwater Management Plan shall be filed with
the Erosion Control Officer on forms provided by the Planning Department.
(B) Plan Requirements
Orange County, North Carolina—Unified Development Ordinance Page 2-68
Article 2: Procedures
Section 2.22: Home Occupations
(1) Permanent on-site StFU .+, ral ster ,wale,-measures stormwater control measures
S( CMs)3must be shown as part of the Stormwater Management Plan and must
accompany the Land-Disturbing Plan submittal. StFU .tUral st r,,,wate.
rneasuresSCMs are to be in accordance with the NG DW4 Department of
Environmental Quality(NCDEQ)4Stormwater BMP 5Design Manual.
(2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak
Run-off Volume, and permanent S+r, GtUral st r,,,water rn esSCMs designed
for Nutrient Removal must be included in the application package.
(3) StFUGt„Fal stormwateF m esSCMs that are designed, constructed and
maintained in accordance with the NC DWQ DEQ Stormwater BMP Design
Manual, approved accounting tool, and requirements listed in Section 6.14 will be
presumed to meet the required performance standards of Section 6.14.
Submittals containing measures not designed to these specifications, may be
approved on a case by case basis provided the applicant provides adequate data
and information showing how the deviations meet the requirements of Section
6.14.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any Stormwater Management Plan
which is in conformance with the performance standards specified in the NC OW4DEQ
Stormwater RED Design Manual, and other requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any permits for development on
any land that is defined as new development under Section 6.14 of this Ordinance
unless and until a Stormwater Management Plan in compliance with the requirements of
this Ordinance has been approved.
(E) Design of Permanent Nutrient Export Reduction
MeasuresStormwater Control Measures (SCMs)
When a permanent nutrient export reduction StFU tUral ster,,water meas,,.oSCM is
required for new development to meet the requirements of this Ordinance, a North
Carolina registered professional engineer shall prepare the plan with the Engineer's
Certification of Stormwater Management affixed, signed, sealed and dated.
SECTION • OCCUPATIONS
2.22.1 Applica ' Requirements
(A) An applica i or a Home Occupation Permit shall b with the Planning Director on
forms provided by fanning Department.
(B) Application forms shall be pre d at when completed a full and accurate
description of the proposed u i c its location, appearance, and operational
characteristics are disc
(C) An applicatio r a minor home occupation shall inclu lot plan that adheres to the
requir nts of Sections 2.4.3 and 5.5.3.
(D) n application for a major home occupation shall require a Class B Spe ' Use Permit
and adhere to the requirements of Sections 2.5.3, 2.7, and 5.5.3.
3 Staff is making a nomenclature change to ensure consistency with State language with respect to the
identification of a stormwater control feature.
4 Staff is updating references to recent changes in the renaming/rebranding of the NC Division of Water Quality
(DWQ)to Division of Environmental Quality(DEQ).
S The State has eliminated the term 'best management practice' or'BMP'from the official title of the stormwater
design manual. Staff is eliminating references to same within the UDO to ensure consistency.
Orange County, North Carolina—Unified Development Ordinance Page 2-69
Article 4: Overlay Zoning Distri2"
Section 4.2: Watershed Protection
(e) The amount of encroachment into the stream or reservoir buffer is th
minimum amount which can be obtained while meeting the criteri n (a)
through (d).
4.2.3 Land a Restrictions
All uses an ctivities allowed in the underlying zoning district are permit te ith the following
exceptions:
TABLE 4.2.3 LAND USE RESTRICTIONS
DISTRICT RESTRICTIONS
UNIV-CA No new landfills permitted.
UNIV-PW No commercial or in strial uses are p itted except for commercial development, in
CANE-CA accordance with the pr 'sions of th rdinance, located within established Nodes as
U-ENO-CA detailed within the Orange oun omprehensive Plan.
No new golf courses are per ed
UNIV-CA
CANE-CA No residual (sludge/bi lids)applic 'on is permitted.
U-ENO-CA
CANE-PW
U-ENO-PW
HYCO-PW
LITTLE-PW No dZarging ndfills are permitted. Industrial use i mited to nonhazardous light
BACK-PW in stria) uses characterized by low water use (less than 0,000 gpd, excluding domestic
FLAT-PW ater(25 gpd per employee)and water used for heating an it conditioning).
HAW
-PW
L-ENO-PW
JORDAN-P
4.2.4 KeZsidential Density
ZZ Maximum residential density shall be as indicated in the Table in this subsection, or as requ d
by the underlying zoning district, whichever is less.
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAximum DENSITY
1 du/five acres.
Lots of record existing on October 2, 1989 may contain up to, but no more than,five lots
UNIV-CA with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989
UNIV-PW may be combined into one parcel for development. The number of two-acre lots and the
total number of lots in the combined parcel cannot exceed the sum of the number of lots
which could be created from each lot of record.
1 du/five acres
Lots of record existing on October 19, 1999 may contain up to, but no more than,five lots as
CANE-CA small as two acres in size. Contiguous lots of record existing on October 19, 1999 may be
CANE-PW combined into one parcel for development.The number of two-acre lots and the total
number of lots in the combined parcel cannot exceed the sum of the number of lots which
could be created from each lot of record.
U-ENO-CA 1 du/2 acres
LITTLE-PW
HYCO-PW 1 du/40,000 square feet(.92 acre)
FLAT-PW
U-ENO-PW
L-ENO-PW Maximum density is as permitted in the underlying zoning district.
HAW-PW c+r,,,.+,,,-al Qnaos Stormwater control measures(SCMs)are required in some cases where
JORDAN-PW density exceeds 1 dwelling unit per acre. Refer to Section 4.2.5.
BACK-PW
Orange County, North Carolina—Unified Development Ordinance Page 4-5
Article 4: Overlay Zoning Distri24
Section 4.2: Watershed Protection
4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses
k"'
h�TABLE 4.2.5.1: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS(RESIDENTIAL)
. REQUIREMENTS
6% impervious surface limit.
EXCEPT for all lots which existed prior to 4/2/90,which are subject to' pervious surface
its as provided in the following Table(entitled Sliding Scale for idential Impervious
UNIV-CA S Ice Ratios—Univ, Cane, and Little). [1], [2]
UNIV-PW Lots s II either be a minimum of 2 acres in area, exclusive any right-of-way or access
easemen or created in accordance with established de ty regulations through the
subdivision cess to qualify for additional impervio surface allocation as detailed in
Section 4.2.8
6% impervious su a limit.
EXCEPT for lots smal >than acres w ' existed prior to 1/1/94,which are subject to
impervious surface limitded i e following Table(entitled Sliding Scale for
CANE-CA Residential Impervious at' —Univ, Cane, and Little). [1], [2]
CANE-PW Lots shall either be a m acres in area, exclusive of any right-of-way or access
easement, or created ince ith established density regulations through the
subdivision process to qadditi al impervious surface allocation as detailed in
Section 4.2.8 C .
6% impervious su ce limit.
U-ENO-CA EXCEPT for to smaller than five acres which ex ed prior to 6/1/2010,which are subject to
impervious rface limits as provided in the followin able(entitled Sliding Scale for
Reside ' I Impervious Surface Ratios—Upper Eno). [ 2]
6% i ervious surface limit.
EPT for lots which existed prior to 1/1/94, which are subje to impervious surface limits
as provided in the following Table (entitled Sliding Scale for Resi tial Impervious Surface
LITTLE-PW Ratios- Univ, Cane, and Little). [1], [2]
Lots shall either be a minimum of 2 acres in area, exclusive of any right- way or access
easement, or created in accordance with established density regulations thr h the
subdivision process to qualify for additional impervious surface allocation as de 'led in
Section 4.2.8 (C).
FLAT-PW 12% impervious surface limit for new and existing lots. [1], [2]
HYCO-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2]
30% impervious surface limit for developments which exceed a density 1 du/acre within
Transition Areas as designated in the Orange County Land Use Plan. Str r ,rAI BMPs
B ACK-PW ENO-PW Stormwater control measures (SCMs)are required if impervious surface exceeds 12%.
70% impervious surface limit for residential uses developed at"high intensity"densities(R-
5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with stri p-t-1ral Rn4PSSCMs if ISR
exceeds12%.
24% impervious surface limit with curb and gutter.
36% impervious surface limit without curb and gutter.
[1], [2]
70% impervious surface limit for residential uses developed at"high intensity'densities(R-
L-ENO-PW 5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option),with -s+r,IrUtur-al Rnno&SCMs
required when impervious surface exceeds:
24% (w/curb and gutter); or
36% w/o curb and gutter).
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO.
[2] Regardless of the proposed amount of impervious surface area, a s;+ r,,,., for foofi 1ro/hoof,,,",.AgerneRt.,FaGtiGe
SCM may still be required based on the proposed amount of land disturbance on a given parcel of property in
accordance with applicable Orange County Erosion Control and State Stormwater regulations.
Orange County, North Carolina—Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Distri2(2
Section 4.2: Watershed Protection
UNIV-CA 5-acre minim of size,with potential of up to five lots as small as acres for lots of record September 1,
CANE-CA 015(University Lake)or October 19, 1 (Cane Creek); AND
6% impervious surf emit. 1 , 2
U-ENO-CA 2-acre mi m lot size AND
6 0 ' ious surface limit. [1], [2]
5-acre minimum lot size with potentia up a lots as small as two acres for lots of record September 1,
2015(Uni sity Lake)or Oc r 19, 1999 (Cane Creek); AND
UNIV-PW 50% or all fire stations and soli ste collection centers;AND
CANE-PW 12% ISR for all other non-residen ' uses;AND
on-site infiltration of the first inch of stormwa noff;AND
imit of 1.0%of the watershed for non-residential use (139 acres' ANE-PW). [1], [2]
2-acre minimum lot size AND
50% ISR for all fire stations and solid waste collection centers;AN
LITTLE- 12% ISR for all other non-residential uses; AND
on-site infiltration of the first inch of stormwater runoff;AND
a limit of 1.0%of the watershed for non-residential use 406 acres in LITTLE-PW . [1], 2
70%
ISR in Economic Development, Commercial and/or Commercial- Industrial Nodes as designated in the Land Use
Element of the Comprehensive Plan (high-density option)with str„r+„ral RnADc stormwater control measures
SCMs if ISR exceeds 12%; AND
50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan,with str,,,.+„ral RnADcSCMs
BACK-PW if ISR exceeds 12%; AND
12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as
designated in the Land Use Element of the Comprehensive Plan; AND
on-site infiltration of the first inch of stormwater runoff;AND
A limit of 1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163 acres
throughout BACK-PW 1% . [1], [2]
50% ISR for all fire stations and solid waste collection centers; AND
HYCO-PW 12% ISR for all other non-residential uses;AND
FLAT-PW on-site infiltration of the first inch of stormwater runoff;AND
limit of 1%of the watershed for non-residential use(37 acres in HYCO-PW, 66 acres in FLAT-PW). [1], [2]
70% impervious surface, with structural BMPs SCMs required when impervious surface exceeds:
L-ENO-PW 24% (w/curb and gutter); or
36% w/o curb and gutter). [1], [2]
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the LIDO.
[2] For non-residential developments a SCM shall be required in accordance
with
applicable local and State standards based on proposed land disturbance and/or a project exceeding impervious surface
thresholds as identified herein.
NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of
impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential
parcels located in a particular watershed.
(A) ough Economic Development District
(1) The Hillsboro onomic Development District ' within the Lower Eno
- Unprotected watershe i h rough Economic Development
District, as designate ' and Use of the Comprehensive Plan, the
maxim vious surface ratio is 50%with deten ds.
Orange County, North Carolina—Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Distri2t3
Section 4.2: Watershed Protection
4.2.7 lacement of Streets, Driveways, and Buildings
(A) treets, driveways, and buildings or other structures shall be locat , to the extent
re nably possible, so as to take full advantage of the absor i e capacity of the soils
on whi they are to be situated and to avoid the followin nvironmentally sensitive
areas:
(1) Stream b er zones as required by Se i n 6.13;
(2) Wetlands as de " ed by the U.S. my Corps of Engineers;
(3) Land with slopes grea t 15%; and
(4) Natural areas as ide ied in a Inventory of Natural Areas and Wildlife Habitats
of Orange Coun , NC.
(B) To avoid creating s that will be difficult to bui on in compliance with the standards
of this Sectio a preliminary plan shall show prop d building envelopes and
approxim driveway locations for all lots within subdivi ' ns.
(1) A zoning compliance permit shall not be issued for the nstruction of buildings
or driveways outside the areas so designated on the preli ' ry plan unless the
Planning Director makes a written finding that the proposed loc 'on complies
with the provisions of this Section and Sections 6.13 (Stream Buffe and 6.14
(Stormwater Management).
4.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
( Through variance procedures of the Board of Adjustment, as described in S tion 2.10.
(B) Through approval and recordation of a conservation agreement, as pro ded in Article 4
o hapter 121 of the N.C. General Statutes, between Orange Cou and a land owner
that ohibits development of land in a protected watershed in p etuity, subject to the
followin
(1) A m ification of the required impervious surfac atios may be approved
admini atively but only to the extent that ad ' onal land in the same watershed
is conse or protected from developme .
(2) The land whic ill be subject to a co ervation agreement must be adjacent to
the land propose or developmen nd for which a modification of the
impervious surfacer 'os is sou t.
(a) As an example, a rson owning a 40,000 square foot lot and subject to
a 12% impervio s ace ratio would be limited to 4,800 square feet of
impervious c erage. he person's plans called for 5,500 square feet
of covera (a difference 700 square feet), the recording of a
conse tion easement on 5, 3 square feet of contiguous property
wo satisfy the impervious su ce ratio requirements. (12% of 5,833
uare feet is 700 square feet.)
(b) The conservation easement shall descri the property restricted in a
manner sufficient to pass title, provide that ' restrictions are covenants
that run with the land and, be approved in for y the County Attorney.
(c) The conservation easement shall, upon recording, a in the place of a
first priority lien on the property(excepting current ad lorem property
taxes)and shall remain so unless, with the approval of nge County, it
is released and terminated.
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning DistriA
Section 4.2: Watershed Protection
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through the installation of a stormwater featurestormwater control measure (SCM),
consistent with the minimum design standards as detailed within the State B MP
Stormwater Design Manual.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an infiltration
stormwater feature.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the State Sstormwater Design niManual and
shall be completed by a licensed engineer with expertise in stormwater
management. Additional allowable impervious surface area shall be based on the
soil composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved BMP SCM in accordance
with County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of the County and other agencies or officials as
appropriate. Once approved, the document shall be recorded in the Orange
County Registrar of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved BMPSCM.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s)for the property after the B MP SCM has been
approved by the County.
(7) The property owner, at its cost and expense, shall be required to execute and file
with the County a bond, or other form of acceptable security, to cover the cost of
removal of a -RMPSCM, and any additional impervious surface area installed as
the result of its approval, in the event the R MP SCM is failed to be maintained in
accordance with the recorded operations agreement. The amount of the bond
shall be 110% of the estimated cost of removing the feature and impervious
surface area as certified by a licensed professional engineer or surveyor.
Orange County, North Carolina—Unified Development Ordinance Page 4-10
Article 5: Usk
Section 5.7: Standards for Recreational Uses
(iii) Access road(s)to the site, with an indication of type roposed
surface;
(iv) On-site parking and roads, with an indication type of proposed
surface; and
(v) All other requirements as indicated i ection 2.5.
(2) Sta ards of Evaluation
(a) less public sewer is proposed t e extended, the adequacy for the
met d of sewage disposal wil a determined by the lot size and soil
suitabi . Appropriate lette from the Orange County Environmental
Health De rtment, loc ' risdictions and/or the State Division of
Environment Mana ment shall be submitted to indicate preliminary
approval.
(b) The landsca plan II show how the facilities will be screened from
the adjac t properties. Type D 50 foot buffer, as indicated in Section
6.8, s I be observed arou the perimeter of the property. This buffer
sh be located outside of the quired dimensional area indicated in d.
elow.
(c The site plan, as required in Section 2. shall be reviewed by the
Orange County Recreation and Parks Dir tor.
(d) The depth of a range along the driving axis sh be not less than 350
yards measured from the locations of the tees an the breadth not less
than 200 yards at a distance of 350 yards from the t S.
(e) Service to customers shall be halted at dusk. Lighting o e driving and
practice range is not permitted.
5.7.4 Golf Courses
(A) Intent
The purpose of this Subsection is to protect natural, visual, and cultural re urces by
regulating the location, planning, design, construction, operation, and intenance of golf
ourses and associated uses.
(B) Ap ' ability
The stan ds contained herein shall apply to all new gol ourses, whether proposed as
a principal u or as an accessory use which is part o residential subdivision, or
included in a Co itional Use District or Condition oning District.
(a) Notw standing the provisio of Section 8.6, golf courses which existed
prior to 21, 1997, sh comply with the requirements of this article
when 50 0 o ore of e total playable acreage of golf holes is
concurrently rec ucted or altered, or if 50% of playable acreage is
added to an exi in ourse. Playable acreage includes all tees, greens,
fairways, an roughs sured as of May 21, 1997.
(b) Chan to Approved Sped Use Permits
I ccordance with Section 2.7.1, a Planning Director is authorized to
approve minor changes in the appro plans of Special Uses, provided
the changes are in harmony with the orig' al approval. Before changes
to an approved Special Use Permit may be sidered, updates of
submittal materials such as the environmental a essment, biological
inventory, or resources management plan may be r uired. In lieu of the
criteria established in Section 2.7.3, the following criter shall be used to
determine when proposed changes to a Special Use Perm' for a golf
course, shall require approval of the Board of County Commis ioners:
Orange County, North Carolina—Unified Development Ordinance Page 5-66
Article 5: Usk
Section 5.7: Standards for Recreational Uses
(ii) A specific statement of the goals and objectives, i. ., exactly
what steps will be taken to compensate for to abitat, etc.;
(iii) Detailed descriptions in the form of gra i g plans, construction
plans, and planting plans to illustra ow the objectives will be
carried out;
(iv) monitoring and maint nce plan to measure success of the
mi ation based on ated objectives. Include a list of parties
respon le for nitoring and maintenance, a schedule for
each, and results will be reported at least twice a year to the
Planni and In ections Department;
(v) Ian showing how t site will be protected from impacts by
human and unwanted ani intrusion, alternate plant species
and construction methods that uld be used in the event
adjustments or substitutions are ne ed until the mitigation area
is established; and
(vi) A financial guarantee is required for the total c t of the
mitigation project. Once the installation is complete, 0% of the
amount of the bond, letter of credit, or escrow will be h for 12
months or until the site is established, whichever is greater.
(E) Construction
(1) Drainage
(a) All drainage structures shall be installed and maintained according to the
approved Stormwater Management Plan.
(b) Golf courses that include structural stormwater measuresstormwater
control measures (SCMs) shall comply with the requirements in Section
6.14 of this Ordinance.
(2) Grading and Erosion Control
(a) Plans for grading and erosion control must comply with s dards
contained in this Ordinance and the Orange County sion and
Sediment Control Manual;
(b) Whenever practical, construction shall be ph ed to minimize
disturbance and sedimentation;
(c) Sediment control measures must be roperly installed to filter sediment
runoff during construction a shall be maintained until grading is
com to and a permanent v etative cover has been established and
all slope tabilized; and
(d) Permanent Ian ca i g, groundcover, mulch, etc. must be installed as
soon as practica r construction activities for each phase are
completed.
(3) Solid Waste M agement
(a) Th olid Waste Management PI submitted as part of the Resources
anagement Plan shall include the m od(s)of disposal and recycling
of construction debris.
(F) Opera ' n and Maintenance
( Integrated Pest Management(IPM)
(a) An integrated pest management plan (IPM) shall be establi ed based
on site conditions, soils, pesticide properties and management actices.
Orange County, North Carolina—Unified Development Ordinance Page 5-71
Article 5: UW
Section 5.8: Standards for Childcare&Educational Facilities
(c) The site has frontage and access on to a paved State mai fined road.
The developer must show that the existing facilities ha the capacity to
handle the additional traffic generated by the use as an agreement
with NCDOT to upgrade the facility to accom ate expanded needs.
(d) Int al vehicular and pedestrian circula ' is designed to encourage
smooth affic flow and reduce hazar .
(e) All access ro and employe isitor parking areas shall be paved.
(f) Development of the 'te proposed would have no adverse impact
beyond the building, t for appropriate parking facilities.
(g) The floor area a building o oup of buildings housing a Non- Profit
Education ooperative shall no ceed the maximum floor area ratio
as per ' ted in Article 3 of this Or in e.
(h) uildings associated with the operation he cooperative shall be
designed to be harmonious with the character o e zoning district and
neighborhoods in which it is proposed to be locate .
0) The applicant must demonstrate its compliance with the nition of
"Non-Profit Educational Cooperative" as contained in Article of this
Ordinance.
5.8.4 Schools: Elementary, Middle and Secondary
(A) Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Sections 2.7.3 and . .2, the following
information shall be submitted as part of the application:
(a) 26 copies of the site plan prepared in accorda e with Section 2.7.3 of
this Ordinance and with the following additio al information shown on the
plan:
i) Total student capacity of scho as designed;
(ii) Total number of employee at time of greatest shift;
(iii) umber and dimensio of designated parking spaces for school
b es;
(iv) Numb of desig ted parking spaces for employees;
(v) Number o ' i or parking spaces;
(vi) Number o Stu t parking spaces;
(vii) Locati of student op off points with stacking spaces
ide ied;
(viii) cation of all proposed an future athletic fields and structures,
including:
a. Total number of seats for ectators, and
b. Location of concession Stan if any anticipated;
(ix) Proposed public roadway improvements; d
(x) Existing and proposed infrastructure improve nts (water and
sewer).
(b) 26 copies of a Landscape and Tree Preservation Plan prepar in
accordance with Section 6.8 of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 5-81
Article 5: Usk
Section 5.8: Standards for Childcare&Educational Facilities
(iv) Provide barriers or fencing, and signage at the edge of h itat
buffers to prohibit vehicular and pedestrian access. Li ted
access may be allowed if proposed in a sensitive ma er for
environmental education purposes.
(d) Landscaping and Buffers
(i) Protection of Existing Vegetation
a. Existing vegetation shall be pres ed as indicated on
the approved landscape plan i ccordance with the
provisions of Section 6.8 oft 's Ordinance;
Tree protection measures all be installed and
maintained between all as of disturbance and trees to
be retained as shown the approved landscape plan.
A detail of the tree pr tection barrier proposed shall be
cluded as part of a landscape plan submitted with the
a lication;
C. Cor 'dors con cting habitats identified in the biological
inven ry sh be preserved along streams, buffers, or
other w d areas. If destroyed during construction,
such co ctions shall be restored using appropriate
plant aten s;
d. Tre and stu ps cleared for roads and building
co truction sh either be used for timber purposes or
redded for land ape mulch, composted, buried or
otherwise disposed BUT NOT BURNED.
(ii) Be s, fences and landscaping ails may be used with plant
terials for screening, provided ch features are designed and
ocated in harmony with other site f tures and functions;
(iii) To minimize visual impact by blending chitecture into the
surrounding landscape, foundation planti s are required at all
freestanding entrance signs;
(iv) Use of xeriscaping principles.
( Stormwater Management
(i) A stormwater management plan shall be prepared a reviewed
in accordance with the provisions of Section 6.14 of thi
Ordinance.
(f) Drainage
(i) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(ii) School projects that include StFU Wral sterrnwator
rneasuresstormwater control measures (SCMs) shall comply with
Section 6.14 of this Ordinance.
(g) Grading and Erosion Control
Plans for grading and erosion con all comply with
ndards contained in th' inance, the Orange County
Erosi d Sed' Control Manual, and, if applicable, The
North C sion and Sedimentation Control Program
1i) Construction shall be phased tom ze disturbance and
sedimentation;
Orange County, North Carolina—Unified Development Ordinance Page 5-83
Article 5: Usk
Section 5.17: Standards for Miscellaneous Uses
(c) The number and type of aircraft proposed to be stored includin is the
storage areas for aircraft, fuel and motor vehicles, service ar s for
aircraft.
(d) How on site fire and rescue services shall be provided d a letter from
he appropriate agency stating services are availabl and adequate to
p tect the proposed facility.
(e) List I d uses within the final approach zones the airport.
(f) Certificate that all Federal Aviation Admi stration (FAA) and State
standards a requirements have been et.
(2) Standards of Evaluatio
(a) All F.A.A. and State gulations re met as a condition of approval.
(b) The site and its operatio w' not adversely affect existing adjacent land
uses.
(c) Land sufficient to pro ' e appr ch zones and overrun areas is owned or
controlled by the a licant.
(d) Adequate land ea is provided for al f the proposed uses, buildings
and storage eas.
(e) Screenin of buildings, storage and mainten ce areas is provided from
adjac residential land.
(f) Le ers from appropriate fire and rescue agencies t t protective services
n be provided at an adequate level.
(g) Access shall be directly onto a State maintained road.
Compatible land uses are located in the final approach areas the
airport.
5.17.6 Major Subdivision
Standards for Class A Special Use Permit
(1) Submittal Requirements
In addition to the information required in Section 2.7, the follo ng shall be
ubmitted as part of the application:
(a) Notification
S ped envelopes addressed to eac wner of property within 500 feet
of the perty proposed for subdiv' 'on. The names and addresses of
property o ers shall be based the current listing as shown in the
Orange Coun and Recor system.
(b) Development Sche
A statement, from e app' nt, indicating the anticipated development
schedule fort uild out of t roject.
(c) Water>an *aslewater
(i) If the proposed lots are to be sery by a public water system,
proof of water supply and service ava ility in the form of a
certified copy of a resolution to that effect acted by the
governing body of the water system providing a water to serve
the lots in the subdivision.
Orange County, North Carolina—Unified Development Ordinance Page 5-138
Article 5: USN
Section 5.17: Standards for Miscellaneous Uses
(d) Landscaping and Buffers
(i) Existing vegetation shall be preserved as indic ed on the
approved landscape plan in accordance wit e provisions of
Section 6.8 of the this Ordinance;
Tree protection measures shall be in Iled and maintained
between all areas of disturbance a trees to be retained as
shown on the approved landsca plan. A detail of the tree
p tection barrier proposed s I be included as part of the
Ian ape plan submitted ' In the application;
(iii) Corridor onnecting In itats identified in the biological inventory
shall be pre rved a ng streams, buffers, or other wooded
areas. If destr a during construction, such connections shall
be restored usi propriate plant materials;
(iv) Trees and mps cle ed for roads and building construction
shall eith be used for ti ber purposes or shredded for
Iandsc pe mulch, compost e buried or otherwise disposed of
BU OT BURNED.
(v) erms, fences and landscaping wa may be used with plant
materials for screening, provided such atures are designed and
located in harmony with other site feat and functions;
vi) To minimize visual impact by blending archite ure into the
surrounding landscape, foundation plantings are quired at all
freestanding entrance signs;
(vii) Use of xeriscaping principles.
(e) Stormwater Management
(i) A stormwater management plan shall be prepared and reviewed
in accordance with the provisions of Section 6.14 of this
Ordinance.
(ii) All drainage structures will be installed and maintained according
to the approved Stormwater Management Plan.
(iii) Subdivisions that include S+r61,t61ral st rW,wateF
m„easy sstormwater control measures (SCMs) shall comply
with Section 6.14 of this Ordinance.
(f) Grading and Erosion Control
(i) Plans for grading and erosion control comply with sta rds
contained in the Orange County Erosion and Se i ent Control
Manual and this Ordinance;
(ii) truction is phased to the extent actical to minimize
distur ce and sedimentation-
(iii) Sediment con meas s will be properly installed to filter
sediment from run uring construction and maintained until
grading is co ete an ermanent vegetative cover has been
establish and all slopes sta ' ' ed; and
(iv) P anent landscaping, groundcove , ulch, etc. will be
installed as soon as practical after constru ' n activities for each
phase are completed.
( Solid Waste Management Plan
Orange County, North Carolina—Unified Development Ordinance Page 5-142
Article 6: Development Standalf
Section 6.13: Stream Buffers
(2) A minimum eight-foot vertical clearance must be maintained.
(3) Signs on awnings must be painted on or screen printed and limite o the
awning's flap (valance)or end panels.
(4) Canvas, treated canvas, matte finish vinyl, and fabric awni s are permitted.
(5) exiglas, metal, and glossy vinyl illuminated awnings prohibited in the
Hil orough EDD and strongly discouraged in the B khorn and Eno EDDs.
(F) Signage for Pa s, Public and Non-profit; Recreatio I Facilities, Non-Profit;
Recreational Faci ' ies, Golf Courses; and Recre 'onal Facilities, Profit
Total sign area shall be united to 500 square fe or all signs permitted herein, not
including Directional Sign a erected in accor ance with the provisions of this Section.
(G) Basic Sign Design Schedule r Hillsb ough EDD
The following design schedule has n approved for the Hillsborough EDD:
TABLE 6.12.14.G: HILLSBOROUGH EDD SIGN DESIGN SCHEDULE
MAXIMUM SYMBOL OR GROUND OR
SIZE OF ••
MONUMENT
BORDER(ACRES) FASCIA LETTER
SIZE SIZE •
0-4.9 6 18 50 6
5.0—19.9 X30 9 24 100 8
Over20 36 12 36 0 10
(Dev. Name)
Major Tenants 72 24 - - -
Additional 24 6
Informati
32 square feet of wall sign allowed per tenant unless building fagade exceeds 64 wle. For
W Signs frontages exceeding 64', '/2 square foot of building frontage. No wall shall exceed 100 uare
feet.
SECTION
6.13.1 Purpose
The purpose of the regulations included in this Section is to protect County water resources by
establishing minimum buffers adjacent to streams, rivers, water bodies and other water features
and limiting development and other land disturbing activities within those buffers.
6.13.2 Applicability
The stream buffer regulations and standards contained herein shall be applicable to all streams
and water features, as follows:
(A) Streams identified by any of the following means:
(1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle
maps,
(2) Shown as water feature in the Orange County Soil Survey, or
(3) A water feature identified by a field determination of County staff trained in
surface water identification through the North Carolina Division of Water
QualityEnvironmental Quality(NGQVVQNCDEQ).
(B) Steam buffers shall extend around the perimeter of all water features if any portion of the
stream buffer of a stream touches the water feature. Disputes pertaining to water feature
decisions by County staff shall be filed directly to the NGDWQ.NCDEQ.
Orange County, North Carolina—Unified Development Ordinance Page 6-90
Article 6: Development Standall�2
Section 6.14: Stormwater Management
(9) New stormwater management ponds, with or without a riparian er established
adjacent to the pond.
Vegetation Management that includes the installation of ew vegetation and a
one-time application of fertilizer to re-establish the v etation.
(11) etation Management/ Replanting in an effo o protect existing structures.
6.13.7 Diffuse Flow Requireme
(A) Diffuse flow of runoffs I be maintained in a stream buffer by dispersing concentrated
flow and re-establishing ve tation.
(B) Concentrated runoff from new di or constructed conveyances shall be converted to
diffuse flow before the runoff en s e stream buffer.
(C) Periodic corrective action t estore diffus low shall be taken if necessary to impede the
formation of erosion gul ' s.
6.13.8 Land Disturbance and P nting of Vegetation
(A) gngforested
stream buffer which is subject to serious ero ' n may be disturbed for the
lanting and maintaining erosion-resistant vegetate cover.
A sted areas or any other healthy vegetation may not be oved from ar, except where replaced with vegetation resulting in comp able stormwater
y and quantity one year after planting.
ion shall be planted to capture non-source pollutants before they re h the
perennial stream, as per applicable Orange County Standards.
SECTION . STORMWATER MANAGEMENT
6.14. Introduction
As atershed becomes more developed, the amount of impervious surface increa causing
a decrea in the rate at which stormwater runoff which can be absorbed into th oil. This
results in mo tormwater flowing directly into streams and other water bo Because this
direct runoff has been filtered through the soil, pollutants from the ' nd land surface enter
streams and increase potential for pollution of drinking water s lies.
6.14.2 Purpose
The purpose of the Board of County C ission in adopting stormwater regulations is to
protect the water quality of the streams tha ithin Orange County by reducing and controlling
stormwater runoff and addressing nutrie educ ' ns for both new and existing development.
6.14.3 Jurisdiction-Wide and Inter- al Approaches
(A) Orange Count all have the option of implementing ju iction-wide and/or inter-local
approache o control stormwater runoff and achieve nutrien ductions.
(B) An isdiction-wide and/or inter-local approaches must be approve y the Orange
ounty Board of Commissioners, and the Environmental Management mission
before implementation.
6.14.4 General Methods
The following general approaches shall be utilized to minimize the effects of stormwater pollution
on drinking water supplies in Orange County:
(A) Non-Structural Stermwater CentrelStormwater Control Measures (SCMs)
Orange County, North Carolina—Unified Development Ordinance Page 6-95
Article 6: Development Standar"
Section 6.14: Stormwater Management
(1) The stormwater run-off generated by one inch of rain from all project ar a
surfaces shall be controlled to the extent possible through on-site infi ation and
through the use of methods which rely on natural soil properties for bsorption
and treatment.
(2) Run-off from roads, parking lots, and/or sidewalks shall be dir ted to
ndisturbed areas through use of berms, grassed diversion tches or swales, or
of er acceptable means to reduce run-off velocity and filte out pollutants.
(3) Impe vious Surface Limits
(a) order to promote infiltration of stormwater unoff into the soil and
m imize direct and immediate runoff into reams and water supply
imp ndments, the maximum percenta of the total lot area which may
be co red with an impervious surfac shall be specified. This limit is
referred as the "impervious surfa ratio".
(b) Impervious urface calculations f an individual development shall be
cumulative fo original construc ion and any subsequent additions. One-
half of the width f any of any xisting or proposed road adjacent to an
individual lot shal a includ d as impervious surface for that lot, except
in the case where a exis ng road was contained within a dedicated
public right-of-way at time that the watershed regulations were first
applied to the waters within which the development is located.
(4) Infiltration Techniques
(a) The benefits of' filtration tech 'ques include:
(i) Re val of both suspen d and dissolved pollutants,
(ii) T ey require less maintenan e,
(iii) They reduce flooding,
(iv) They promote groundwater rechar , and
They help maintain stream flow durin ry periods.
(b) Where on-site infiltration methods are utilized, ar s for such purposes
shall be designated on the plat and shall remain un 'sturbed both during
and after construction.
(c) Undisturbed areas for infiltration of run-off shall also be I ated
downslope from impervious surfaces and shall not include eas
characterized by floodplains, highly erodible or impervious so's, steep
slopes or previously disturbed areas.
(d) Areas designated as suitable for septic tank nitrification fields may of be
used for stormwater infiltration purposes.
(B) Structural Stormwater MeasuresStormwater Control Measures (SCMs)
(1) In cases where non-structural methods may not adequately control the runoff
from the first inch of rain due to the amount of impervious surface proposed to be
developed, and other factors such as soil type, slope, presence of floodplains
and erodible soils, and/or lack of vegetative cover, StFU .tUral st rW,water
,;,easuresSCMS, which capture stormwater for slow release through an outlet,
are required.
(2) Where required, StFWGt„ral ster,,.,water moan,�resSCMs shall be constructed in
accordance with this Section.
(C) Impervious Surface and Detention Pond Requirements
Orange County, North Carolina—Unified Development Ordinance Page 6-96
Article 6: Development StandarJ4
Section 6.14: Stormwater Management
(1) For all protected watersheds, an absolute limit on the percentage of lot area
which can be covered with impervious surfaces has been established. See
Section(s)4.2.5 and 4.2.6 of this Ordinance.
(2) In some cases, StFU tUFal st r,,,water W esSCMs are required when the
proposed impervious surface ratio exceeds a specified percentage, which is
below the absolute limit.
6. 4.5 Applicability
(A) The stormwater standards and regulations included herein are applicable all new
development within the Orange County planning jurisdiction, including 1vate, public,
state, and federal development not covered by a separate NPDES p mit, as follows:
Falls Lake Watershed
(a) Any activity that cumulatively disturbs great than one-half acre of land
in order to establish, expand or modify a ' gle family or duplex
residential development or a recreation facility.
(b) Any activity that cumulatively distur greater than 12,000 square feet of
d in order to establish, expan , or modify a multifamily residential
de opment or a commercial ' dustrial or institutional facility.
(c) New de lopment that this rbs less than the above thresholds are
exempt un ss the new evelopment is part of a larger common plan of
development sale d the larger common plan exceeds the above
thresholds, eve ugh multiple, separate or distinct activities take place
at different time o different schedules.
(2) Jordan Lake Water ed
(a) Any acti y that cumulative disturbs greater than one acre of land in
order establish, expand or dify a single family or duplex residential
de opment or a recreational fa ' 'ty.
(b) ny activity that cumulatively disturbs reater than one-half an acre of
land in order to establish, expand, or mo 'if y a multifamily residential
development or a commercial, industrial or stitutional facility.
(c) New development that disturbs less than the ab ve thresholds are
exempt unless the new development is part of a la er common plan of
development or sale and the larger common plan ex c eds the above
thresholds, even though multiple, separate or distinct ad i ities take place
at different times on different schedules.
New development shall not include agriculture, mining, or forestry activities, as fined by
North Carolina General Statutes.
6.14.6 Review Criteria
(A) Nlei.AV development withiR the Orange C06IRty planRing jHri6diGtien must Gernply with the
fallow+ng.New Development: _ — Formatte
(1) Riparian areas must be protected and maintained in compliance with this
Ordinance,
(2) Nutrient load contribution must meet the standards listed in Section 6.14.7 as
required by the North Carolina Divisien of Water n„ar+„ (NG D VQ)Department
of Environmental Quality (NCDEQ)1 6
6 As previously indicated staff is changing existing references to reflect the renaming/rebranding of NC DWQ to the
North Carolina Department of Environmental Quality(NCDEQ).
Orange County, North Carolina—Unified Development Ordinance Page 6-97
Article 6: Development Standar"
Section 6.14: Stormwater Management
for the 1 year, 74_hour storm �
(4)(3) Stormwater systems shall be designed to control and treat, at a minimum, the
stormwater runoff generated by one inch of rainfall from all project area surfaces.
The treatment volume shall be drawn down pursuant to standards specific to
each practice as determined by the current version of the NC BWQ DEQ
sStormwater_dDesign mManual.$
New development that would exceed the nutrient loading rates set out in
subseGtio (°`(" abaveherein, shall include engineered stormwater controls
designed to have a ' of 852% aveFage aRRual rerneyal for Total
Primary and/or Secondary Stormwater Control Measure
(SCM) per NCDEQ requirements.
W(5) JPrWosed new development may satisffythe review criteria standards of this - Formatte
section by meeting the post-development hydrologic criteria set out in in the most
recent version of the North Carolina Low Impact Development Guidebook.
(B) Additional Standards- Falls Lake Watershed Formatte
(1) In addition to the standards contained in Section 6.14.6 (A)of the LIDO,
development shall observe a no net increase in peak flow leaving the site from
predevelopment conditions for the 1 year, 24 hour, storm.qu
(C) Additional Standards-Jordan Lake Watershed
(1) In addition to the standards contained in Section 6.14.6 (A)of the LIDO,
development shall abide by.15 A NCAC 02H.1002 (44). , Formade
6.14.7 Nutrient Load Formatte
(A) Nitrogen and phosphorus loads contributed by proposed new development shall not
exceed the following unit-area mass loading rates:
(1) Falls Lake Watershed
(a) Nitrogen, 2.2 pounds per acre per year
(b) Phosphorus, 0.33 pounds per acre per year
() jorr1�_aF�.rn Lake Watershed12
(a) Upper�'e Creek Arm
2 pounds per aGFe per year
rt,r�Phesph,rus ..2 pounds per-acre per year
Given recent changes in State law,this provision is only applicable in the Falls Lake Watershed. Existing language
is being moved to ensure consistency with applicable State standards.
8 For consistency purposes,staff is capitalizing references to the State's stormwater manual within the UDC.
9 Change in language to reflect regulatory changes as codified in NC Administrative Code(NCAC) 15A NCAC 02H
.1002(37)and 15A NCAC 02H .1002(46).
10 This language is currently contained in Section 6.14.6(A)(3)of the UDO. As a result of recent changes in State
law it now only has applicability for parcels located within the Falls Lake Watershed. The proposed amendment is
intended to address this change.
11 This is commonly referred to as the'10%Rule'which allows for a 10%of less increase in peak stormwater runoff
between pre and post development conditions for a parcel. Staff is recommending a specific reference to the
applicable portion of the NCAC as part of this revision.
12 As previously indicated in order to ensure consistency with State standards,staff is recommending the
elimination of existing regulations designed to address water quality/nutrient reduction within the Jordan Lake
Watershed. Staff can only address these issues within the Falls Lake Watershed based on current State law.
Orange County, North Carolina—Unified Development Ordinance Page 6-98
Article 6: Development Standalla
Section 6.14: Stormwater Management
/h\ Haw River /\rm
Nf#F0geR, 3.8 pounds per acre per year
s r rm�P�^sp„h�er„asTT3- d
po�,a r ea perea
(B) The nutrient export from each new development shall be calculated in pounds per acre
per year(using the approved accounting tool) in accordance with the methodologies
approved by the NC BWQDEQ.
(C) If a proposed development subject to nutrient load requirements contributes nutrients
greater than the standards listed above, the developer may install Str, Gtural st rrnwator
BMP--s stormwater control measures (SCMs) 13 to meet the required nutrient load
standards or do a combination of 9MPs SCMs and offset payments to achieve the
standard.
(D) Offset Payments
(1) Offset fees may be permitted to meet the nutrient export levels set for new
development. In order to utilize offset fees, the proposed new development
subject to the nutrient load standards must attain nitrogen and phosphorus
loading rate reductions on-site that meet the following criteria prior to using an
offsite offset measure:
(a) Falls Lake Watershed
(i) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing one half acre but less
than one acre;
(ii) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated conditions for any single-family, detached and
duplex residential development disturbing more than one acre;
(iii) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing 12,000 square feet but less than one acre;
(iv) 50% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for other development, including
multi-family residential, commercial and industrial development
disturbing more than one acre;
(v) 30% or more reduction in both nitrogen and phosphorus loading
from the untreated condition for proposed redevelopment
activities in a designated downtown area that would replace or
expand structures or improvements that existed as of December
2006.
(b) jorrc an Lake Watershed
Sox pounds per aGr per year nitrogen for single mild deta
�vm-rasp � e� � i--rn-n-vg �r-Sff�gr -amn��a
and duplex residential development
Ten pounds per-acre per year nitrogen for other development
innlu ding nnmmorniol industrial, and multi family residential
(2) Offset fees may be paid to the North Carolina EGesystom Enhonnomcnt Program
13 Nomenclature change to ensure consistency with State law.
Orange County, North Carolina—Unified Development Ordinance Page 6-99
Article 6: Development Standarp
Section 6.14: Stormwater Management
" Division of Mitigation Services14, approved private mitigation bank, or
other mitigation option as approved by the NC BVVQ DEQ and Orange County. It
is the policy of NC DWQ DEQand Orange County, as well as a requirement in
certain watersheds, that offset payment funds be utilized where they are
generated to the maximum extent possible.
(3) Offset payment fees and calculation methods are determined by the NGDWQ
NCDEQ as approved by the North Carolina Environmental Management
Commission (EMC). The total amount of offset payment will be determined
based on current NC DWQ DEQ policy and regulation on a case by case basis.
(E) Permanent Nutrient Export Reduction Best Management Practices
(1) Allowable on-site otFUGtural stormwater BMPsstormwater control measures
S( CMs)for nutrient reduction shall include those listed in the current NC DWQ
DEQ Stormwater Best Management DraGt' es Manual (Stormwater BMP
Manu 1s
(2) Design, maintenance and operation of stormwater is-SCMs shall follow
standards provided in the Stormwater BMP Design Manual.
(3) Deviations from these standards may be allowed as approved on a case by case
basis.
(F) Total Nutrient Removal Rates
Total nutrient removal rates of C2 SCMs, and-as well as BMPs SCMs in a
series,will be calculated pursuant to the approved accounting tool.
6.14.8 Peak Runoff Volume
(A) R-tandardStandards for Falls Lake Watershed 16
(1) For all new development, there shall be no net increase in peak flow leaving the Formatte
site from the predevelopment conditions for the 1 year, 24 hour storm.
(B) Standards for Jordan Lake Watershed
(B)(1) For all new development there shall be no net increase greater than 10% in peak ti -- Formatte
flow leaving the site from the predevelopment conditions consistent with 15 A Formatte
NCAC 02H.1002 (44)and the NCDEQ Stormwater Design Manual
--- Formatte
(C) Calculating Peak Runoff Volume
(1) The following are acceptable methodologies for computing the pre-and post-
development conditions for the 1 year, 24 hour storm:
(a) Rational Method,
(b) Peak Discharge Method as described in the USDA Soil Conservation
Service's Technical Release Number 55 (TR-55),
(c) Alternative methods must be approved by the County.
(2) The same method must be used for both the pre- and post-development
conditions.
14 According to State staff NCEEP has been changed to the Division of Mitigation Services. Staff is updating the
reference(s)appropriately.
15 Modification of existing language to ensure consistency with new stormwater rules(15A NCAC 02H)which went
into effect on January 1,2017.
16 Clarification of existing language to reference peak runoff requirements are only enforceable within the Falls
Lake Watershed. Development of property within the Jordan Lake Watershed is required to abide by 15 A NCAC
02H.1002(44)as previously indicated.
Orange County, North Carolina-Unified Development Ordinance Page 6-100
Article 6: Development Standar"
Section 6.14: Stormwater Management
6.14.9 S water Management Plan
(A) R ired Approval
The Erosi Control Officer shall not issue any permits f ew development on any land
within Orange unty subject to the provisions of th' ection, unless and until a
Stormwater Manag ent Plan has been revie and approved in accordance with
Section 2.21.1 of this Or ' ance.
(B) Compliance with Requiremen
Any person engaged in ne evelopme activities as defined by this Section who fails to
file a plan in accorda with this Ordinance, who conducts any new development
except in accor ce with provisions of an appro Stormwater Management plan shall
be deeme ' violation of this Ordinance.
(C) En eable Restriction
Approval of the Stormwater Management plan shall require an enforc le restriction on
property usage that runs with the land, such as a recorded deed restriction rotective
covenants, to ensure that future development and redevelopment maintains the i e
consistent with the approved Stormwater Management plan.
6.14.10 Operation and Maintenance of Structural Stormwater MeasuresStormwater Control
Measures (SCMs)
(A) Posting of Financial Security
All sterr~,water Gentr l StFU t Ur SCMs shall be conditioned on the posting of adequate
financial assurance for the purpose of maintenance, repairs or reconstruction necessary
for adequate performance. Financial assurance shall be in the form of one of the
following:
(1) Security for Construction of Required Improvements
(a) The permit applicant shall provide one of the following as surety for the
completion of required improvements:
(i) A performance bond from a surety bonding company authorized
to do business in North Carolina,
(ii) An irrevocable letter of credit or other instrument readily
convertible into cash at face value payable to Orange County or
(iii) Cash placed in escrow with a financial institution designated as
an official depository of Orange County.
(b) The bond or other instrument shall be in an amount equal to 1.25 times
the total cost of the storrnwator GORtFOI S+r„G+„FeSCM, as estimated by
the applicant and approved by the County Engineer.
(i) Total Cost
a. The total cost of the StOrMWator Gt-:)Atr„i o+r„r+„roSCM
shall include the following:
i. The value of all materials such as piping and
other structures;
ii. Seeding and soil stabilization;
iii. Design and engineering; and,
iv. Grading, excavation, fill, etc.
b. The costs of the st rrY,water Gentr l S+r, tUFeSCM shall
not be prorated as part of a larger project, but shall be
costed as a separate project.
Orange County, North Carolina—Unified Development Ordinance Page 6-101
Article 6: Development Standa"
Section 6.14: Stormwater Management
(c) Failure to Perform
(i) Upon default of the permit applicant to complete and/or maintain
the st r,,,wateF Gentrel StFU tUreSCM as spelled out in the
performance bond or other security, the County may obtain and
use all or any portion of the funds necessary to complete the
improvements based on an engineering estimate.
(ii) The Board shall return any funds not spent in completing the
improvements to the owning entity.
(2) Security for Maintenance of Required Improvements
(a) The permit applicant shall deposit with Orange County either cash or
other instrument approved by the County Attorney that is readily
convertible into cash at face value.
(b) The cash or security shall be in an amount equal to 15% of the total cost
of the st r,,,wate.GeRtr„I StFU tUFeSCM or the estimated cost of
maintaining the ster.,,water GGRtr l str,,r.+„roSCM over a ten year period,
whichever is greater.
(i) Estimated Maintenance Costs
a. The estimated cost of maintaining theer
St,=61GtureSCM shall be consistent with the approved
operation and maintenance plan or manual provided by
the developer under Section 6.14.10(B)(2).
b. The amount shall be computed by estimating the
maintenance cost for 25 years and multiplying this
amount by two-fifths or 0.4.
(c) Failure to Perform
(i) Upon default of the owning entity to maintain, repair and, if
necessary, reconstruct the sterrr,water,.,,ntr l StF tUFeSCM in
accordance with the Operation and Maintenance Agreement, the
County shall obtain and use all or any portion of the cash
security to make necessary improvements based on an
engineering estimate.
(i i) Such expenditures of funds shall only be made after exhausting
all other reasonable remedies seeking the owning entity to
comply with the terms and conditions of the Operations and
Maintenance Agreement.
(iii) The County shall not return any of the deposited cash funds.
Maintenance and Upkeep
( Operation and Maintenance Agreement
(a The permit applicant shall enter into a bindi peration and
' tenance Agreement between Or e County and all interests in the
develo nt.
(b) The agreemen t in a the following:
(i) Name addre f the person or organization financially
r onsible for paying annual inspection fee;
Name(s)and address(es) of all 'es to whom a copy of the
annual inspection report should go;
(iii) Name and address of the person or organizatio ancially
responsible for all maintenance specified in the annua
inspection report; and
Orange County, North Carolina—Unified Development Ordinance Page 6-102
Article 6: Development Standa"
Section 6.14: Stormwater Management
(iv) Emergency contact information.
(c) The Agreement shall require the owning entity to maintain, repair and, if
necessary, reconstruct the sterrr,wate.Gen+r„l StF tWeSCM in
accordance with the operation and management plan or manual
prepared by the developer.
(d) The Operations and Maintenance Agreement shall be signed and
notarized and filed with the Orange County Register of Deeds.
(e) In residential subdivisions where a Homeowner's Association will be
assuming responsibility for all permanent structural stor,,,water
SCMS, a signed and notarized Homeowner's Association
Notification will be required, and a revised maintenance agreement must
be submitted. This must be given to the Orange County Planning
Department before the Land Disturbing Permit may be closed, and any
construction bond held on the permanent StFU tUral st r,,,water
measuresSCMS may be released.
(f) The owner of each st r,,,water BM-PSCM, whether engineered
ster,,,water,entr„l or non-engineered St FMWa+or,.GRtF„I, shall maintain
it so as not to create or result in a nuisance condition.
(g) Every engineered StE)F,,,Wat8r Gentr !SCM installed pursuant to this
Ordinance shall be made accessible for adequate maintenance and
repair by a maintenance easement. The easement shall be recorded and
its terms shall specify who make use of the easement and for what
purposes.
(h) The owner of each engineered stor.,,water con+r„ISCM shall keep
records of inspections, maintenances, and repairs and shall submit the
same upon reasonable request to the Erosion Control Officer.
(2) Operation and Maintenance Plan
(a) An operation and maintenance plan or manual shall be provided by the
developer for each ster,,,water GE)RtFE)l StF GtWeSCM, indicating the
following:
(i) What operation and maintenance actions are needed,
(ii) What specific quantitative criteria will be used for determining
when those actions are to be taken, and
(iii) Who is responsible for those actions, consistent with the
Operations and Maintenance Agreement.
(b) The standard maintenance plan shall specifically address, but is not
limited to:
(i) Any mowing of permanent vegetation,
(ii) Any removal of bushes and trees from the dam of a wet
detention pond,
(iii) Reseeding of any eroding areas of the wet detention ponds,
open channel practices, riparian buffers, and vegetated filter
strips,
(iv) Replacing of impaired vegetation in a constructed wetlands or
riparian buffer,
(v) Removal of debris from the 'trash rack' on any wet detention
pond or sand filter, and
(vi) Repair of any damage to structural aspects of wet detention
ponds, constructed wetlands, level spreaders, and sand filters.
Orange County, North Carolina—Unified Development Ordinance Page 6-103
Article 6: Development Standapflf
Section 6.14: Stormwater Management
(c) The Plan shall clearly indicate the steps that will be taken for restoring a
stor -,, atw Gon+r„l StFUGtUFeSCM to its design specifications if a failure
occurs.
(3) Landscaping and Grounds Maintenance
(a) Landscaping and grounds maintenance shall be the responsibility of the
owning entity.
(b) Vegetation shall not be established or allowed to mature to the extent
that the integrity of the control structure is diminished or threatened, or to
the extent of interfering with any easement or access to the stormwater
t uctureSCM.
(4) Repair or Reconstruction
(a) Except for general landscaping and grounds maintenance, the owning
entity shall notify the County prior to any repair or reconstruction of the
+,,,-.,,water StFU tUroSCM.
(b) After notification by the owning entity, the Erosion Control Officer shall
inform the owning entity of any required additions, changes or
modifications and of the time period to complete said improvements.
(c) All improvements shall be made consistent with the approved plans and
specifications of the ster,nwate,-,.eRtF„I StFUGt roSCM and the operations
and maintenance plan or manual.
(C) Inspections and Release of Sureties
(1) County Inspection and Review
(a) The stor.,,water control struct roSCM shall be inspected by the Erosion
Control Officer, after the owning entity notifies him/her that all work has
been completed. At this inspection, the owning entity shall provide:
(i) The signed deed, related easements and survey plat for the
sterrnwa+or Gen+r„l S+r, +„roSCM ready for filing with the Orange
County Register of Deeds; and
(ii) A certification sealed by an engineer or landscape architect (to
the extent that the General Statute, Chapter 89A, allow) stating
that the detention pond is complete and consistent with the plans
and specifications.
(b) If the project passes inspection and the Erosion Control Officer accepts
the certification, deed and easements, he/she shall file the deed and
easements with the Orange County Register of Deeds, release up to
75% of the value of the performance bond or other security and issue a
Watershed Protection Compliance Permit for the sterr,,wateF Gentrel
StFUetareSCM.
(c) If deficiencies are found, the Erosion Control Officer shall direct that the
necessary improvements be made and/or documents corrected and
resubmitted for approval. Upon completion, the improvements shall be
re-inspected.
(2) Watershed Protection Compliance Permit Required Prior to Occupancy
No Building Permit or Certificate of Occupancy may be issued in the absence of
a valid Watershed Protection Compliance Permit.
(3) Release of Remaining Security
Orange County, North Carolina—Unified Development Ordinance Page 6-104
Article 6: Development Standar#2
Section 6.14: Stormwater Management
(a) No sooner than one year after the filing date of the deed, easements and
maintenance agreement, the developer may petition the Board of County
Commissioners to release the remaining value of the performance bond
or other security.
(b) Upon receipt of said petition, the Erosion Control Officer shall inspect the
St r.,,Water Gentr l S+r, +„roSCM to determine whether the controls are
performing as designed and intended.
(c) The Erosion Control Officer shall present the petition, inspection report
and recommendations to the Board of County Commissioners.
(d) Board of County Commissioners Review
(i) If the Board of County Commissioners approves the report and
accepts the petition, the developer shall deposit with Orange
County a cash amount equal to that described in Section
6.14.10(C)(5), after which, the Board of County Commissioners
shall release the performance bond or other security.
(ii) If the Board of County Commissioners does not accept the report
and rejects the petition, it shall provide the developer with
instructions to correct any deficiencies and all steps necessary
for the release of the performance bond or other security.
(4) Annual Inspection Required
(a) All stor.,,water 6trU t Fe6SCMs shall be inspected by the owning entity at
least on an annual basis to determine whether the controls are
performing as designed and intended.
(b) Records of inspections shall be submitted annually to the Erosion
Control Officer on forms approved by Orange County.
(c) Annual inspections shall begin within one year of the filing date of the
deed for the sterrr,water tF l StFUGt FeSCM.
(d) The Erosion Control Officer will inspect each ster,,water Rnno SCM
approved pursuant to these rules approximately every five years. In the
event the Erosion Control Officer discovers the need for corrective action
of improvements, he/she shall notify the owning entity of the needed
improvements and the date by which the corrective action is to be
completed. All improvements shall be made consistent with the plans
and specification of the stormwater control structure and the operation
and maintenance plan or manual. After notification by the owning entity,
the Erosion Control Officer shall inspect and approve the completed
improvements.
(5) Annual Maintenance Inspection Fee
(a) The Fee for the first year shall be paid before:
(i) The release of any Final Certificate of Occupancy for Non-
Residential Properties.
(ii) The release of the construction bond for Residential or Non-
Residential Properties.
(b) The fee shall be based upon the current Orange County Planning Fee
Schedule, and shall be paid to Orange County following each annual
inspection.
(c) Failure to pay the Annual Maintenance Inspection Fee shall be deemed
a violation of this Ordinance.
Orange County, North Carolina—Unified Development Ordinance Page 6-105
Article 6: Development Standar"
Section 6.14: Stormwater Management
6.14.11 Amendments to Approved Plans and Specifications
(A) Minor Amendments to Plans and Specifications
(1) Amendments to the plans and specifications of the st„r.nwateF GeRtr„l
StFUGtareSCM and/or the operation and maintenance plan or manual may be
approved by the Erosion Control Officer, provided that the changes do not
involve a change in the size or location of the structure.
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect(to the extent that the General Statutes, Chapter
89A, allow) and submitted for review by the Erosion Control Officer.
(3) Erosion Control Officer Review
(a) If the Erosion Control Officer approves the proposed changes, the
owning entity of the stormwater control structure shall file sealed copies
of the revisions with the Erosion Control Officer.
(b) If the Erosion Control Officer disapproves the changes, the proposal may
be revised and resubmitted as a new proposal. If the proposal has not
been revised and is essentially the same as that already reviewed, it
shall be returned to the applicant.
(c) The Erosion Control Officer shall report any such revisions to the Board
of County Commissioners at the next available regular meeting.
(B) Major Amendments to Plans and Specifications
(1) Amendments to the plans and specifications of the st„r,nwateF,.,,R# 1
St,=61GtareSCM and/or the operation and maintenance plan or manual which
involve a change in the size or location of the structure may be approved by the
Board of County Commissioners after receiving a recommendation from the
Erosion Control Officer.
(2) Proposed changes shall be prepared by a North Carolina registered professional
engineer or landscape architect(to the extent that the General Statutes, Chapter
89A, allow) and submitted to and reviewed by the Erosion Control Officer.
(C) Revision of Plans Found to be Inadequate
If the County finds that the operations and maintenance plan or manual is inadequate for
any reason, the owning entity shall be notified of any required changes and shall prepare
and file copies of the revised agreement with the Orange County Register of Deeds, the
Erosion Control Officer, and the owning entity.
6'44,12 Stormwater Discharges
(A Applicability
The ulations contained herein shall be applicable to all new d opment and existing
projects wi ' the County planning jurisdiction.
(B) In General
(1) Orange County herei tablishe ethods for controlling the introduction of
pollutants into the stormwa ollection system or receiving waters.
(2) No person shall di rge or cause discharged into the stormwater
collection sys or receiving waters any m ials, including but not limited to
polluta r waters containing any pollutants tha se or contribute to a
vi ion of applicable water quality standards, other tha ormwater.
Orange County Planning and Inspections shall collect information ted to
stormwater discharges from all applicable sources within its jurisdiction.
(C) Allowable Discharges
Orange County, North Carolina—Unified Development Ordinance Page 6-106
Article 9: EnforcernO
Section 9.9: Stormwater Management
\Restoration
e action shall be brought in the Superior Court of Orange County.
ease Violation
on determination by a court that an alleged violation is occurrin or is
eatened, the court shall enter any order or judgment that is n essary to abate
violation, to ensure that restoration is performed, or to prev nt the threatened
lation.
e institution of an action for injunctive relief under this ction shall not relieve
party to the proceedings from any civil or criminal p nalty prescribed for
lations of the soil erosion and sedimentation contr provisions of this
inance.
9.8as ffected by Failure to Comply
(A) The County may) quire a person who is engaged i a land-disturbing activity and failed
to retain sediment g erated by the activity, as re fired by N.C.G.S. 113A-57(3), to
restore the waters an land affected by the failur so as to minimize the detrimental
effects of the resulting p Ilution by sedimentat' n.
(B) This authority is in addition o any other civ' or criminal penalty or injunctive relief
authorized under this Ordina e.
9.8.5 Revocation of Land Disturbing Permit
(A) Whenever a person conducting a -disturbing activity is not complying with the soil
erosion and sedimentation cont r I pro 'sions of this Ordinance, the Land Disturbing
Permit, the Approved Erosion ontrol P or any amendments to the Erosion Control
Plan, the Erosion Control O cer may revo a the Land Disturbing Permit for the site.
(B) Notice of Revocation sh be sent by registe d or certified mail to the person conducting
the land-disturbing acti ty. In the event delive cannot be accomplished by registered or
certified mail, it may accomplished in any man er provided in Rule 4 Q)of the North
Carolina Rules of . it Procedure.
(C) Upon receipt of e Revocation Notice, the person res risible must immediately order all
land-disturbin activities to cease except those which ar specifically directed towards
bringing the ite into compliance with the soil erosion and dimentation control
provisions f this Ordinance.
(D) Once t site has been inspected and remedial work approved y the Erosion Control
Off
ic the responsible party may reapply for a Land Disturbing rmit and pay the
ap opriate fee.
(E) esumption of land disturbing activities other than those necessary to ring the site back
into compliance with the soil erosion and sedimentation control provisio of this
Ordinance before the reissuance of the Land Disturbing Permit shall cons ute a violation
of the Ordinance.
F) The person conducting the land-disturbing activity may appeal the revocation o Land
Disturbing Permit following procedures set out in Section 2.27 of this Ordinance.
SECTION 9.9: STORMWATER MANAGEMENT Inspections and Investigations
(A) Site Inspections
(1) Agents, officials, or other qualified persons authorized by the County will
periodically inspect on-site BMPs stormwater control measures (SCMs) and
illegal discharges to ensure:
Orange County, North Carolina—Unified Development Ordinance Page 9-12
Article 9: Enforcemg1r3
Section 9.9: Stormwater Management
(a) Compliance with the North Carolina Sedimentation Pollution Control Act
of 1973 ("Act" in this Section), this Ordinance, or rules or orders adopted
or issued pursuant to this Ordinance;
(b) The measures required in the Stormwater Management plan being
constructed in accordance with the approved plan.
(c) The permanent is SCMs are not in need of any maintenance
including, but not limited to, the following:
(i) Mowing of vegetation,
(ii) Vegetation re-establishment,
(iii) Tree removal (especially from wet detention ponds),
(iv) Stabilization of any eroding areas, and
(v) Structural (pipe, riser, dam, etc) repair.
(2) Notice of the right to inspect shall be included in the letter of approval of each
Stormwater Management Plan.
(B) Authority to Enter Property and Conduct Investigations and Inspections
(1) No person shall willfully resist, delay, or obstruct an authorized representative,
employee, or agent of Orange County, while that person is inspecting or
attempting to inspect a required on-site RMPSCM.
(2) The Erosion Control Officer shall have the power to conduct such investigations
as deemed reasonably necessary to carry out the duties as prescribed in this
Ordinance, and for this purpose to enter at reasonable times upon any property,
public or private, for the purpose of investigating and inspecting the sites of any
required on-site BMPSCM.
(3) No person shall refuse entry or access to any authorized representative or agent
of the County who requests entry for purposes of inspection, and who presents
appropriate credentials, nor shall any person obstruct, hamper or interfere with
any such representative while in the process of carrying out their official duties.
(C) Notice of Violation
(1) If it is determined that a person responsible for construction or maintenance of
any permanent on-site BMPSCM, or removal of any Illegal Discharge has failed
to comply with the Act, this Ordinance, or rules, or orders adopted or issued
pursuant to this Ordinance, a notice of violation shall be served upon that person.
(2) The notice may be served by any means authorized under N.C.G.S. 1A-1, rule 4.
(3) The notice shall specify a date by which the person must comply with the Act, or
this Ordinance or rules, or orders adopted pursuant to this Ordinance, and inform
the person of the actions that need to be taken to comply with the Act, this
Ordinance, or rules or orders adopted pursuant to this Ordinance.
(4) No time period for compliance need be given for encroaching on the riparian
buffer or for obstructing, hampering or interfering with an authorized
representative while in the process of carrying out their official duties.
(5) Any person who fails to comply within the time specified is subject to the civil and
criminal penalties provided in this Ordinance.
(6) In the event service cannot be accomplished by registered or certified mail, it
may be accomplished in any manner provided in rule (4)j of the North Carolina
Rules of Civil Procedure.
(D) Authority to Require Statements
Orange County, North Carolina—Unified Development Ordinance Page 9-13
Article 9: Enforcem418
Section 9.9: Stormwater Management
1) The Erosion Control Officer shall have the authority to require writt statements,
or the filing of reports under oath, with respect to pertinent que ns relating to
stormwater management activities.
(E) Stop Wo Orders
(1) When er any person is violating the stormwate anagement provisions of this
Ordinanc r any rule or order adopted or is ed pursuant to this Ordinance, or
any term, co 'tion, or provisions of an a roved Stormwater Management Plan,
the Erosion Con I Officer may, eith efore or after the institution of any other
action or proceedin uthorized b ese regulations, issue a stop work order for
the site on which the vi tion s occurred.
(2) Upon issuance of such o er and the posting of same on the site of the
violation, all work on a site of a violation shall cease, except those activities
necessary to bri he site into co Hance with the stormwater management
provisions of s Ordinance.
(3) Notice a stop work order shall be in wri ' g, directed to the person
con cting the stormwater management active in violation of the provisions of
's Ordinance and shall state the reasons for the " suance of the order, and the
conditions under which work may be resumed.
Notice shall be given by registered or certified mail.
(5) In the event service cannot be accomplished by registered or c ified mail, it
may be accomplished in any manner provided in rule 40)of the No Carolina
Rules of Civil Procedure.
9.9.2 Penalties
(A) Civil Penalties
(1) Assessment of Penalties
(a) Any person who violates any of the stormwater management provisions
of this Ordinance or rules or orders adopted or issued pursuant to these
regulations, or who fails to install, or complete any permanent on-site
Nitrogen Reduction BMPstormwater control measure (SCM)or fails to
conduct required maintenance on any permanent on-site BPSCM, or
fails to remove an identified Illegal Discharge shall be subject to a civil
penalty.
(b) The maximum civil penalty for a violation is$5,000 per day.
(c) If, after the allotted time period has expired, the violat as not
completed corrective action, a civil penalty may b ssessed from the
date the violation is detected.
(d) No period for compliance need given for failure to submit a
Stormwa anagement Plan f pproval or for obstructing,
hampering, or rfering wi an authorized representative while in the
process of carrying so icial duties.
(e) Each day of a c inuing vi 'on shall constitute a separate violation.
(2) Demand for Pa ent of Penalty
(a) Board of County Commissioners shall the person who is
assessed the civil penalty of the amount of the p Ity and the reason
for assessing the penalty.
Orange County, North Carolina—Unified Development Ordinance Page 9-14
Article 10: Definitig"
Section 10.1: Definitions
Ar of Future-Conditions Flood Hazard
The la area that would be inundated by the 1-percent-annual-chance (100-year)flood b ed on future-
conditions drology.
Assembly/Pa aging Operation
Assembly and packa i g of merchandise for distribution by mail or carrier.
Auditorium
A place of assembly to watch an or to hear athletic events, musi performances, dramatic or dance
performances, speeches and/or cer onies. The term is inte ed to include such uses as stadiums,
coliseums, athletic centers, theaters an arenas.
Bed and Breakfast Inn
See "Rural Guest Establishments."
Base flood
The flood having a 1% chance of bei equaled or exceede i any given year. It is often referred to as
the 100-year flood.
Base flood elevation FE)
A determination of the ter surface elevations of the base flood as publish in the Flood Insurance
Study. When the B has not been provided in a "Special Flood Hazard Area ' may be obtained from
engineering stu ' s available from a Federal, State, or other source using FEMA roved engineering
methodologi . This elevation, when combined with the "Freeboard" establishes the egulatory Flood
Protectio " elevation.
B ement
ny area of the building having its floor sub grade (below ground level) on all sides.
Best Management Practices (BMpS)17
nGR peint SE)61FGe pollution te FeGeiving wateFS iR order to aGhieve water quality pmteGtien goals. (See
alse, Detention Pend and ERgineered S_tA_rrR.A.0atP_1`GeR#016) (Unless ethepNise speGified, "BMP", when
used Onthis QrdmnaRGe, refers, tA- strurt ral BMPs )
olids
Solid, s solid, or liquid residue (sewage sludge) genera=combinations
, secondar r advanced
wastewater tr ent processes of domestic sewage that i and/or eral standards for
beneficial use (such land application as fertilizer).
Buffer
A screening device used to moderate t verse impacts pon another. Buffers may
include walls, hedges, landscaped areas, ber additi , binations of the above.
Buffer, Stormwater
A natural or vegetated area through w ' stormwater runoff flows ' a diffuse manner so that the runoff
does not become channelized a hich provides for infiltration of the r and filtering of pollutants.
Building Definiti
(See Structure, ctural Alterations, Mobile Home, Recreational Vehicle.)
Bui ' g Height
17 This definition of'BMP' is no longer consistent with State references. The term is now referred to as Stormwater
Control Measure(SCM). The definition has been relocated accordingly.
Orange County, North Carolina—Unified Development Ordinance Page 10-4
Article 10: Definitigm
Section 10.1: Definitions
p rmanent construction of a structure (including a manufactured home) on a/rs,
as th pouring of
sla or footings, installation of piles, construction of columns, or any work b sta e of
excav ion; or the placement of a manufactured home on a foundation. Per ruction does not
include I d preparation, such as clearing, grading, and filling; nor does it inc stallation of
streets and r walkways; nor does it include excavation for a basement, footi , or foundations or
the erection o emporary forms; nor does it include the installation on the proccessory buildings,
such as garages r sheds not occupied as dwelling units or not part of the mure. For a
substantial improve ent, the actual start of construction means the first alt ation of any wall, ceiling,
floor, or other structur art of the building, whether or not that alteratio ffects the external dimensions
of the building.
State Agency
Every department, agency, instit 'on, public authority, board, ommission, bureau, division, council,
member of Council of State, or offic of the State governm t of the State of North Carolina.
State Clearinghouse
The clearinghouse agency established by th Nort arolina Department of Administration under the
North Carolina Environmental Policy Act.
State Mandate
The minimum Rules adopted by the Env' nmental Man ement Commission for application to North
Carolina's water supply watersheds, required by the W r Supply Watershed Protection Act. The
purpose of the Act, as stated in its ening paragraph, is "... protect and enhance the quality of the
State's surface water supplies by stablishing a cooperative pro am of water supply protection to be
administered by local govern nts consistent with statewide man ement requirements established by
the Environmental Manage nt Commission (EMC)." (See related inition "Water supply watershed").
Stockyard / Lives ck Market
A facility where live ck are kept temporarily awaiting purchase and/or trans rt; such facilities may
include enclosed avilions, grandstands, paddocks, and stalls.
Stormwa r Collection System
Any con it, pipe, channel, curb, or gutter for the primary purpose of transporting (not tre ting) run-off. A
storm ter collection system does include vegetated swales, swales stabilized with armori or
alter ative methods where natural topography prevents the use of vegetated swales (subject case-by-
c e review), curb outlet systems or pipes used to carry drainage underneath built-upon surface hat are
ssociated with development controlled by the provisions of 15A NCAC 2H 1003(c)(1).
Stormwater Control Measure (SCM)18
A structural or non-structural management-based practice used singularly or in combination to reduce ti Formatte
non-point source pollution to receiving waters in order to achieve water quality protection and water Formatte
quantity limitation goals. (See also, Detention Pond and Engineered Stormwater Controls)
cnonificr+ "READ" ,nihon ,icor+ in this (lrrlinodiiianno refers to c+n�n+��rol R�ADc \ :,I he term takes Formatte
the place of what was originally referred to, and defined as a `Best Management Practice' or Formatte
`BMP''_ =FormatbE,
St�am Formatte
A bco ura ow area or n surface
Formatte
Stream Buffer Formatte
18 This is the former definition of BMP now referred to as a SCM.
19 Red Bold Text denotes recommended new language. Stormwater management programs are intended to
address water quantity(i.e. how much water can leave a site)and water quality(i.e. removal of nutrients) issues.
The definition is being modified to ensure this distinction is properly captured.
20 Language being eliminated as it is now redundant given the change in terminology.
Orange County, North Carolina—Unified Development Ordinance Page 10-53
Article 10: Definitigm
Section 10.1: Definitions
An area of land adjacent to a stream or a FEMA-identified floodplain, whichever is greater, which, except
as permitted within this Ordinance, must remain undisturbed in its natural state. Streams are identified by
any of the following means:
a) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps,
b) Shown as a water feature in the Orange County Soil Survey, or
c) A water feature identified by a field determination of County staff trained in surface water
identification through the North Carolina Division of Water tyEnvironmental Quality
( QNCDEQ).
Stream buffers shall extend around the perimeter of all other water features if any portion of the stream
buffer touches the water feature. Disputes pertaining to water feature identification decisions by County
staff shall be filed directly to the QNCDEQ.
S eam, Ephemeral (Stormwater)
A fe ure that carries only stormwater in direct response to precipitation with water flowing on during
and sh rtly after large precipitation events. An ephemeral stream may or may not have a w -defined
channel, a aquatic bed is always above the water table, and stormwater runoff is the pri ary source of
A water. n hemeral stream typically lacks the biological, hydrological, and physical ch acteristics
commonly as ociated with continuous or intermittent conveyance of water.
Stream, Inter 'ttent
A well defined chan I that contains water for only part of the year, typically d ing winter and spring
when the aquatic bed below the water table. The flow may be heavily sup emented by stormwater
runoff. An intermittent st am often lacks the biological and hydrological c racteristics commonly
associated with the contin us conveyance of water.
Stream, Modified Natura
An on-site channelization or reloc ion of a stream channel and s sequent relocation of the intermittent
or perennial flow as evidenced by to ographic alterations in the mmediate watershed. A modified natural
stream must have the typical biologic a hydrological and ph y cal characteristics commonly associated
with continuous conveyance of water.
Stream Order
A ranking of the relative sizes of streams within w rshed based on the nature of their tributaries. The
smallest unbranched tributary is called first order, a stream receiving the tributary is called second
order, and so on.
Stream, Perennial
A well-defined channel that contains wat year round duri a year of normal rainfall with the aquatic bed
located below the water table for most the year. Groundwa r is the primary source of water for a
perennial stream, but it also carries s rmwater runoff. A peren ' I stream exhibits the typical biological,
hydrological and physical character' tics commonly associated wi continuous conveyance of water.
Street
A way for vehicular traffic w ther designated as a street, highway, thor hfare, parkway, throughway,
freeway, road, avenue, bo evard, lane, place or however otherwise desig ted.
Street, Alley
A minor way used imarily for vehicular access to the rear or side of properties o erwise abutting a
street at the front nd which is not intended for general circulation.
Street, A rial
A street us d primarily for through traffic, usually on a continuous route. These streets car high
volumes f traffic, in excess of 1,200 trips per day. For purposes of these regulations such st ets
includ hose so designated in the Comprehensive Plan or element thereof.
S eet, Collector
Orange County, North Carolina—Unified Development Ordinance Page 10-54
Attachment 3
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51
ORANGE COUNTY
PLANNING BOARD
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 2, 2019
Action Agenda
Item No. 9
SUBJECT: Efland-Buckhorn-Mebane Access Management Plan
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1) Excerpt of Planning Board Minutes Nishith Trivedi, Transportation Planner,
From 10/3/2018 Meeting (919) 245-2582
Tom Altieri, Planner III, (919) 245-2579
Craig Benedict, Planning Director,
(919) 245-2592
PURPOSE: To receive an update from staff on the Efland-Buckhorn-Mebane Access
Management Plan public hearing process and next steps.
BACKGROUND: On September 5, 2018, the Planning Board began reviewing the Draft Efland-
Buckhorn-Mebane Access Management Plan (E-B-M AMP) and at its October 3, 2018 meeting
(Attachment 1), recommended the Board of County Commissioners (BOCC) approve the Plan
with inclusion of some clarifying text additions. The E-B-M AMP is being revised to reflect the
Planning Board's recommendations. The public hearing draft will be formatted to track the
changes from the first draft and will be released no later than January 31, 2019, consistent with
the County's agenda preparation schedule. In addition to the regular posting that occurs on the
County's BOCC meeting area of its website, the draft will be posted on the Planning
Department's website where additional materials and information on the AMP has been made
available to the public, following is the link:
https://www.orangecountync.gov/1404/Efland-Buckhorn-Mebane-Access-Management
On November 1, 2018, the BOCC opened the Public Hearing for the E-B-M AMP but continued
it to February 5, 2019, in order to meet with Economic Development staff and the Economic
Development Commission to fully understand its questions and provide responses. The primary
concern raised by Economic Development is the future marketability of relatively large
properties (e.g. where new connector roads bisect the area) that have been targeted for
economic development purposes. County Planning and Economic Development staffs have
met for initial discussion to see if there's opportunity to allow some flexibility in Plan
implementation and a meeting has been scheduled with the Economic Development
Commission to take place January 8, 2019.
FINANCIAL IMPACT: There is no immediate financial impact associated with this item.
RECOMMENDATION(S): Staff recommends that the Planning Board receive the update.
52
1 MINUTES EXCERPT
2 ORANGE COUNTY PLANNING BOARD
3 OCTOBER 3,2018
4 REGULAR MEETING
5
6
7 MEMBERS PRESENT: Lydia Wegman (Chair), At-Large Chapel Hill Township Representative; Randy Marshall (Vice-
8 Chair), Bingham Township Representative; Kim Piracci, At-Large;Adam Beeman, Cedar Grove Township
9 Representative; Carrie Fletcher, Bingham Township Representative; Patricia Roberts, Cheeks Township
10 Representative; Laura Nicholson, Eno Township Representative; Hunter Spitzer, At-Large; Paul Guthrie, At-Large
11 Chapel Hill Township; Alexander Gregory, Chapel Hill Township Representative;
12
13 MEMBERS ABSENT: David Blankfard, Hillsborough Township Representative; Buddy Hartley, Little River Township
14 Representative;
15
16 STAFF PRESENT: Tom Altieri, Comprehensive Planning Supervisor; Nishith Trivedi,Transportation Planner; Meredith
17 Kern, Administrative Assistant II
18
19 OTHERS PRESENT: Wynell Lowery; Brenda Allen; Richard Bright; Carolyn Hicks; Walter Bright; JoAnn Hoyler;
20 Amanda High; Steven Ramarge; Howard Whitfield; Margaret Jones; Sonny Jones; Kristen Marbais; Larry Castle;
21 Robert Riley Jr.; Carolyn Wilson; Robert Jones; Barry Paulcen; Cheryl Paulcen; Debra Elmore; Julie Laws; Peggie
22 Murray; Jean Forrest Brooks; Cy Stober; Doug Efland; Beverly Stokes; Nikki Mayer; Laura Mayer; Marcella
23 Sweeney; Gabriel Santander; Phil Holland;Audie Carter; John Bannon; Doug Efland; Fatima Hernandez; Dough
24 McAdoo; Paul Fredrick; Ben Lloyd; Cray Lloyd; Dillon Holland; Corey Walton;
25
26 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
27 Lydia Wegman (Chair)called the meeting to order at 7:03 PM
28
29 AGENDA ITEM 7: EFLAND-BUCKHORN-MEBANE ACCESS MANAGEMENT PLAN -To review and comment
30 on draft updates to the Efland-Buckhorn-Mebane Access Management Plan
31 PRESENTER: Nish Trivedi, Transportation Planner
32
33 Nishith Trivedi thanked the Planning Board for allowing him the opportunity to present the Efland-Buckhorn-Mebane
34 Access Management Plan and explained he is seeking their recommendation at the end of the presentation. Mr.
35 Trivedi then went through the presentation explaining what the Efland-Buckhorn-Mebane Access Management plan
36 is, the background behind the plan, process used to update the plan, public involvement process, next steps, and the
37 recommended action to be taken by the Planning Board.
38
39 Lydia Wegman asked for Nishith Trivedi to explain why only portions of land would be able to be developed.
40
41 Nishith Trivedi explained that various environmental conditions would prevent portions of land to be developed as
42 well as setbacks and other zoning regulations.
43
44 Lydia Wegman welcomed members of the public to speak on the item presented.
45
46 JoAnn Hoyler asked about how the plan will affect Bush Cook Rd and West Ten Rd in Efland. She advised that this is
47 the first letter she has gotten regarding the Efland-Buckhorn-Mebane Access Management Plan
48
49 Nishith Trivedi explained that there is no actual design for the area questioned, and that in order to get any road
50 improvement done on West Ten Rd the Planning Department would need to submit a feasibility study to NCDOT and
53
51 would then need to go through the MPO. He further explained that NCDOT has their own public outreach process
52 and would be the ones to contact the land owners if road improvements were to happen.
53
54 Robert Jones raised concerns about the various historic churches near Buckhorn Rd.on the Efland-Buckhorn-
55 Mebane Access Management Plan.
56
57 Nishith Trivedi explained that this area is in the Mebane CTP and the plan is to widen Buckhorn Rd although just
58 because this is on the Mebane CTP, it doesn't mean the road improvements will actually happen.
59
60 Cy Stober, City of Mebane Development Director, explained that the Buckhorn Rd improvement described is not
61 currently funded or planned and that plans for that area have taken into consideration the churches and historic sites
62 in that area as well. He further explained that the City of Mebane does not have a history of eminent domain and they
63 have no interest in starting to do so.
64
65 Beverly Stokes wanted to confirm that there are no plans for property to be taken via eminent domain and that none
66 of the historical buildings will be displaced.
67
68 Nishith Trivedi explained that the plan has no construction or funding involved and that historical landmarks were
69 taken into consideration during the 2017 study.
70
71 Debra Elmore expressed concerns about lack of communication in Orange County from the City of Mebane
72
73 Lydia Wegman explained that there are certain requirements regarding public notification on the County's behalf and
74 recommended that Cy Stober take back Debra Elmore's comments to the City of Mebane.
75
76 Steven Ramarge asked if Orange County has received any plans from developers for the Ef land-Buckhorn-Mebane
77 area
78
79 Tom Altieri explained that there have been no development proposals to date in the area mentioned and if a
80 developer comes in with plans for that area that there would be an opportunity for the public to comment on the
81 proposed development and any road improvements.
82
83 John Bannon had questions regarding the 100ft MTC buffer requirement for property that is adjacent to the interstate
84 and the requirements of being a developer in relation to the Efland-Buckhorn-Mebane Access Management Plan.
85
86 Tom Altieri advised that the issues raised involve the current planning division and existing requirements that go
87 along with what may be an application submitted by John Bannon.
88
89 Lydia Wegman suggested that a subsequent meeting happen between John Bannon and the Planning Department.
90
91 Jean Forrest Brooks objects to the plan because she has concern for property she owns and the people who will be
92 displaced from the plan
93
94 Randy Marshall explained that unless Jean Forrest Brooks choses to sell her property to a developer her property will
95 not be touched
96
97 Julie Laws also expressed her concern for those who may become displaced if some road improvements mentioned
98 in the plan do occur.
99
100 Hunter Spitzer explained that he doesn't believe it achieves economic objectives 2.2 and 2.3 which state that the plan
101 encourages mixed use projects that support walkability, public transportation, alternative modes of transportation,
54
102 and encourage carpooling. He further stated that according to the exhibits provided, there does not appear to be
103 many sidewalks and roads that support bicyclist. He objects to those objects as being cited as completed by this
104 plan.
105
106 Nishith Trivedi explained the NCDOT road improvement requirements and guidelines and asked if referencing those
107 guidelines in the plan would help address the goals.
108
109 Hunter Spitzer asked that a corridor be identified where staff would intend the potential traffic to go for the non-
110 motorized users and access to the corridor from Mebane and from Efland.
111
112 Nishith Trivedi said that they will include the proposed changes suggested by Hunter Spitzer in the revisions to the
113 updates.
114
115 Paul Guthrie explained that he does not find the Efland-Buckhorn-Mebane Access Management Plan helpful in
116 explaining what triggers the possible outcomes of the plan. He doesn't believe that the plan details enough,what kind
117 of changes could happen to the area just that change may happen and that there needs to be more clarification
118 about what the plan is.
119
120 Nishith Trivedi stated that staff will work on providing more clarification during future presentations of the plan.
121
122 Lydia Wegman suggested adding an introduction that provides in greater detail,what the plan is and how it interacts
123 with future planning and development activities.
124
125 Julie Laws had questions about the possibility of a road being able to go through property on Center St.
126
127 Nishith Trivedi explained that the property in question is zoned local commercial and that if a future owner of the
128 property wants to make changes and go through the development review process,the LIDO and Efland-Buckhorn-
129 Mebane Access Management Plan would come into place.
130
131 Lydia Wegman explained she would like to go over what changes the Planning Board has suggested for the motion
132 on the item.
133
134 Nishith Trivedi restated that a suggestion by Hunter Spitzer is to reference NCDOT standards and guidebook to show
135 how this plan is going to meet economic development objectives 2.2 and 2.3.
136
137 Lydia Wegman also restated Paul Guthrie's suggestion to add more clarity and background to the introduction in the
138 plan.
139
140 Paul Guthrie further explained that there is a total misunderstanding among some of the public of what this plan is
141 and to avoid having the same meeting over and over again, more background needs to be provided. He thinks long
142 term planning is important, but this plan doesn't explain what the community will look like in the future. Paul believes
143 a prologue needs to be provided in order to address those concerns.
144
145 Doug Efland asked if a property owner could adjust or abandon their dedicated right-of-way if a different plan was to
146 come into effect.
147
148 Nishith Trivedi explained that the lines on the plan are subject to change and that right-of-ways can be abandoned if
149 determined unnecessary in the future.
150
151 MOTION by Randy Marshall to recommend to the County Commissioners that the Efland-Buckhorn-Mebane Access
152 Management Plan be approved with:
55
153 • the Planning Director's recommendation of revisions as mentioned earlier
154 • the addition of a prologue as recommended by Paul Guthrie and
155 • Hunter Spitzer's recommendation to include NCDOT standards and guidebook to show how this plan is
156 going to meet economic development objectives 2.2 and 2.3.
157 Seconded by Adam Beeman
158 VOTE: 8-2
159 Paul Guthrie and Hunter Spitzer voted against.