HomeMy WebLinkAbout2001 Co Attorney - Chapel Hill, Carrboro - Water and Sewer Management, Planning and Boundary AgreementNORTH CAROLINA
RESOLUTION
ORANGE COUNTY
WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA have
worked for a number of years toward developing a Water and Sewer Management, Planning and
Boundary Agreement; and
WHEREAS, the work of a task force created to recommend an agreement has been
considered on several occasions by each of the governments that will become parties to the
agreement; and
WHEREAS, each of the concerns of the governments has been addressed, to the extent
possible, in the version of that agreement that is Exhibit A to this resolution.
NOW THEREFORE, BE IT RESOLVED that the Board of Commissioners approves the
form and the substance of Exhibit A, the Water and Sewer Management, Planning and Boundary
Agreement, and hereby transmits it to the governing boards of Carrboro, Chapel Hill, Hillsborough
and OWASA for concurrence with the form and the substance of the Agreement.
Upon motion of Commissioner , seconded by Commissioner the
foregoing resolution was adopted this the day of 2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on Al2rit IZ;001 as relates in anyway to the adoption of
the foregoing and that said proceedings are recorded in Minute Book No. of the minutes of said
Board.
WITNESS my hand and the seal of said County, this a"day of , 2001.
Clerk to the Bo 4d of Commissio ers
Exhibit A
WATER AND SEWER MANAGEMENT, PLANNING
AND BOUNDARY AGREEMENT
THIS AGREEMENT, made and entered into this day of
, by and between the COUNTY OF ORANGE, a
political subdivision of the State of North Carolina; the TOWN OF
CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF
HILLSBOROUGH, municipal corporations duly created and existing under
the laws of North Carolina; and the ORANGE WATER AND SEWER
AUTHORITY, a public water and sewer authority duly created and existing
under Chapter 162A, Article 1 of the North Carolina General Statutes.
WITNESSETH:
In consideration of mutual benefits regarding the definition of water and
sewer service boundaries and the management and planning thereof, the
parties to this agreement hereby mutually agree as. follows:
A. Charge to the Water and Sewer Boundary Task Force
Since the mid- 1980's, several attempts to define water and sewer
service boundaries for Orange County and the municipalities of
Chapel Hill, Carrboro and Hillsborough have been undertaken. In
1994) a Task Force was formed consisting of elected officials
from Carrboro, Chapel Hill, Hillsborough and Orange County, as
well as two members of the Orange Water and Sewer Authority
Board of Directors. The charge to the Water and Sewer Service
Boundary Task Force is attached as Appendix B.
B. Purpose of Water and Sewer Boundary Agreement
1. To provide a comprehensive, County -wide system of
service areas for future utility development and
interest areas for dealing with private water and
wastewater system problems in areas without public
water and sewer service.
2. To complement growth management objectives, land use
plans and annexation plans in existing agreements, such as
the Orange County- Chapel Hill - Carrboro Joint Planning
Agreement and Joint Planning Area Land Use Plan
3. To resolve in advance and preclude future conflicts about
future service areas and annexation areas.
4. To provide for predictable long -range water and sewer
capital improvement planning and financing.
5. To provide for limitations on water and sewer service in
certain areas, as defined.
A. Effective Date of the Agreement
This agreement shall become effective upon execution
by all of the parties and signature by the chief elected or
appointed official.
B. Term of Agreement
This agreement shall remain in effect for ten (10) years from its
execution, and shall be renewable as provided in the following
subsection.
C. Procedure for renewal
At the end of each ten year term, the agreement shall renew
automatically, unless written notice is provided of intent to
withdraw as noted in subsection E below.
D. Procedure for proposing and acting on changes in
agreement including boundaries
1. Any change to the agreement (including
boundaries) requires approval of all parties to the
agreement.
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2. The addition of other parties to this agreement shall be
by consent of the current parties.
E. Procedure for withdrawal from/decision not to renew the
agreement
1. A party may not withdraw from the agreement, until it
holds a public hearing on the proposed withdrawal
followed by written notice to the other parties within 30
days of the public hearing. The withdrawal shall be
effective one (1) year following receipt by the other
parties of the written notice.
2. If a party to the agreement withdraws as provided above,
the agreement remains in effect as to the other parties until
all but one party withdraws in the manner provided for the
in this agreement.
F. Accountability of Future Parties
Future utility providers that wish to become parties of this
agreement must be financially and technically capable of
providing water /sewer service to address public health
emergencies or other identified public facility needs, as defined
by the parties of the boundary agreement. The provider must
have adequate system capacity, technical capability and
financial assets to address system problems within its interest
area without compromising service to current customers.
G. Courtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers that are parties to this agreement
will be provided courtesy review and the right to provide
written input into utility design and the provision of easements
for all new major subdivisions and other residential and non-
residential site plan approvals within their service area and
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interest area. The party to this agreement with development
plan review authority shall retain approval authority for all
development proposals within its planning jurisdiction.
H. Linkage with the Orange County- Chapel Hill - Carrboro
Joint Planning Agreement and other future agreements
This agreement shall be made part of the Orange County- Chapel
Hill - Carrboro Joint Planning Agreement, by reference, and to any
future cooperative planning agreements that may be entered into
among some or all of the parties. Termination of the Joint
Planning Agreement or any other cooperative planning
agreement does not terminate this agreement. Termination of this
agreement can only be accomplished as provided in this
agreement. Similarly, the withdrawal of a party from the Joint
Planning Agreement or from any other cooperative planning
agreement does not constitute withdrawal from this agreement.
Withdrawal from this agreement can only be accomplished as
provided in this agreement.
Primary Service Area: An area (as shown on the Water and Sewer
Service Boundary Map, which is Appendix A) where water and/or
sewer service is now provided, or might reasonably be provided in the
future, according to adopted plans and future amendments to adopted
plans (hereinafter referred to as "service area ")2 .
2. Asper the map in Appendix A, the Town ofNtllsborough Long -Term Interest Armand Primary Service Area are combined and for purposes of this agreement is
its Primary Service Area.
OWASA Long -Term Interest Area: An area (as shown on the Water
and Sewer Service Boundary Map, which is Appendix A) within
which public water and/or sewer service is not anticipated to be made,
but if such services are to be provided, OWASA will be the
responsible utility service provider. Long -Term Interest Areas are not
service areas, and do not include areas outside of Orange County.
OWASA's Long -Term Interest Area is hereinafter referred to as
OWASA's "interest area."
Orange County Long -Term Interest Area: The areas of Orange
County planning jurisdiction (as shown on the Water and Sewer
Service Boundary Map, which is Appendix A) not part of a Primary
Service Area or another Long -Term Interest Area within which public
water and/or sewer service is not anticipated to be made, but if such
services are to be provided, Orange County will be responsible for
coordinating the provision of utility service. Long -Term Interest
Areas are not service areas, and do not include areas outside of
Orange County. Orange County's Long -Term Interest Area is
hereinafter referred to as Orange County's "interest area."
Essential Public Facility: A publicly -owned facility, or a facility
wholly financed by Federal, State or local government (or a
combination thereof) that provides a service for the health, safety and
general welfare of County residents (for example, a school, fire
station, public safety substation or solid waste convenience center).
Adverse Public Health Condition: An Adverse Public Health
Condition exists in the case of a wastewater system(s) when it is (1)
failing, (2) documented to be failing by the Orange County Health
Department, and (3) no on -site repair is approvable or recommended
by the Orange County Health Department; or, in the case of a well
water supply system, it meets all of the following criteria:
♦ the well water supply system is contaminated with
a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;
♦ the well water supply system is not reparable to the
point where the contamination can be eliminated;
♦ the water from the well water supply system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
♦ there is no alternate location on -site for a new well
water supply system which can be permitted under
Orange County Health Department regulatory
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criteria in effect at the time of the contamination or
an alternative site is unacceptable because
widespread existence of contamination or because
of the potential of contaminant migration to the
alternate site.
A description of these terms and their application is provided in
Section VI of this Agreement.
Public Water or Public Sewer Service: The provision of water
and/or sewer service by a party to this agreement. This definition does
not include consulting services and/or technical assistance services.
Emergency Water Transfer: Any short-term transfer of raw water
supply or finished drinking water supply from one service provider to
assist another service provider in meeting water needs during:
a) unanticipated disruptions or emergencies relating to raw or
finished water supply. Such disruptions or emergencies may
result from events including, but not limited to: (i) human error;
ii) equipment or power failure; iii) supply contamination; iv)
major fires, floods, droughts or other disasters; and v)
operations or facility maintenance activities, or
b) periods when temporary, short-term disruption of water
supply or finished water service may occur as a result of
planned or unplanned maintenance of major water supply,
pumping, transmission, treatment, or storage facilities.
Non - Emergency Water Transfer: Any transfer from one water
service provider to another water service provider of raw water supply
or finished drinking water supply which is not an emergency water
transfer.
Wastewater Transfer: Any transfer from one wastewater service
provider to another wastewater service provider.
Water and/or Sewer Provider: A municipal corporation, county,
private non - profit water system, or public water and sewer authority
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under the N.C. General Statutes that provides water and/or sewer
service to the public.
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A. Service Areas and Interest Area Boundaries
The service area and interest area boundaries are as shown in
Appendix A.
B. Adherence to Boundaries
1. The boundaries on the map (Appendix A) define the areas
in which the parties may provide water and sewer service,
and no party to this agreement shall extend service beyond
the designated boundaries, except as provided in this
agreement (Sections III.B.2, VLB, VI.C, VI.D, VI.F,
VILA, VII.B, VII.C)3. In no case shall service be extended
beyond the boundaries of Orange County without the
approval of the elected boards which exercise planning
jurisdiction on either side of the County boundary. Any
extension of lines or service into Chatham County requires
the approval of Orange County, Chapel Hill or Carrboro,
and OWASA.
3. Parenthetical phrase to be left in until agreement is adopted.
2. OWASA presently provides water and sewer service
outside of the OWASA Service Area shown on Appendix
A as follows:
location service provided
Heritage Hills Subdivision water and sewer
Rangewood Subdivision water and sewer
Piney Mountain Subdivision sewer only
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OWASA may continue to provide water and sewer service
and may extend water and sewer service within these
subdivisions provided it does so consistent with OWASA
policies and interlocal agreements related to these services
that exist on the effective date of this agreement. Any
change to those policies and interlocal agreements after the
effective date of this agreement can only be accomplished
by an amendment to this agreement.
A. Policy Issues
Planning and growth management issues are influenced by the
location of water and sewer. This agreement is not intended to
supersede other land use agreements made by the local
governments.
B. Procedures for the provision of service within the Service
Areas and Interest Areas
1. When water and sewer service provision is required
to address an adverse public health condition, or to
provide service to an essential public facility, the
designated provider for the service area or interest
area shall have the right of first refusal to provide such
service.
2. Within the service areas and interest areas, the water and
sewer provider will agree to provide service, as defined
in this agreement, as system capacity, financial resources,
and other reasonable utility considerations allow, and as
provided in this agreement.
C. Policy of "first- refusal"
1. The designated water and sewer provider within
a service area or interest area has first right to
provide service if an adverse public health condition
or essential public facility service need is established, and
public water or public sewer service is determined to be
required to address the adverse public health condition.
2. If the designated water and sewer provider declines to
provide service, it must notify the other parties to the
agreement with a statement of rationale.
3. The designated water and sewer provider may contract
with another service provider to address the situation, in
the manner prescribed in Section VI of this agreement,
upon consultation with other jurisdictions.
4. If no other water and sewer provider is available, Orange
County retains the right to address the adverse public
health condition or essential public facility need in the
manner prescribed in Section VI of this agreement.
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A. Prohibitions and Limitations on Extension Into Interest Areas
The development of land within interest areas is not projected to occur
at urban densities, and therefore, public water and sewer service shall
be prohibited in these areas, except as provided in this agreement
{Section VI.B, VI.C, VI.D, VIX, VII.A, VII.B, VII.0 }3. Individual on-
site and small /community -scale alternative water supply and
wastewater treatment systems not physically connected to central
systems will be the primary methods of meeting the water and sewer
service needs of existing and future development.
3. ibid.
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B. Adverse Public Health Conditions
An exception to the prohibition of public water and sewer service in
interest areas may be made to allow the extension of lines in the event
the Orange County Health Department documents an "adverse public
health condition."
An adverse public health condition exists where:
In the case of existing wastewater system(s), it meets all of the
following criteria:
♦ the wastewater system is failing;
♦ the wastewater system is documented to be failing
by the Orange County Health Department;
♦ there is no on -site repair approvable or
recommended by the Orange County Health
Department.
The following terms used in the criteria above mean:
Failing Wastewater System: A wastewater system is failing
when sewage or effluent is seeping or discharging to the ground
surface or to surface waters. A permitted, properly - functioning
non - discharge wastewater system (e.g., a spray - irrigation
system) and a permitted, properly - functioning discharge
system are not failing wastewater systems.
Annrovable On -Site Repair: An approvable on -site wastewater
system repair that can be completed in a designated repair area
which is approvable under Orange County Health Department
regulatory soil /site criteria in effect at the time of the needed
repair.
Recommended On -Site Repair: A recommended on -site repair
is one that is not an approvable on -site repair, but is one that in
the best professional judgment of the Orange County Health
Department will reasonably enable the system to function
properly. A recommended on -site repair may incorporate
engineered design (a design certified by an engineer to
overcome all soil/site limitations in the particular situation), site
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or system modification, flow reduction or other measures
calculated to improve functionality of the system.
2. In the case of an existing well water supply system(s), it meets
all of the following criteria:
♦ the well water supply system is contaminated with
a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;
♦ the well water supply system is not reparable to the
point where the contamination can be eliminated;
♦ the water from the well water supply system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
♦ there is no alternate location on -site for a new well
water supply system which can be permitted under
Orange County Health Department regulatory
criteria in effect at the time of the contamination or
an alternative site is unacceptable because
widespread existence of contamination or because
of the potential of contaminant migration to the
alternate site.
The following terms used in the criteria above mean:
Well: A well is any excavation that is cored, bored,
drilled, jetted, dug or otherwise constructed for the
purpose of locating, testing, developing, draining or
recharging any ground water reserves or aquifer, or that
may control, divert, or otherwise control the movement
of water from or into any aquifer.
Well Water Supply System: A well water supply system
is any well that is intended for use or is usable as a source
of water supply for domestic use (including household
purposes, farm livestock, or gardens) and the pump and
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pipe used in connection with or pertaining thereto,
including well pumps, distribution pipes, plumbing pipes,
tanks, fittings, and water treatment devices.
The Orange County Health Department shall make the
determination as to whether an adverse public health condition
exists, and shall make a recommendation on the appropriate
remedy to the governmental entity(ies) in the appropriate
interest area.
The final decision to use any particular means or tool for
rectifying any particular adverse public health condition
remains, through zoning regulations or other land use
ordinances, with the governmental entity or entities having
zoning or planning jurisdiction over the area where the adverse
public health condition exists. In the Orange County- Chapel
Hill - Carrboro Joint Planning Area, the Joint Development
Review Areas shall be used to determine which of the JPA
parties shall jointly decide on the, appropriate means or tool for
rectifying an adverse public health condition. Public water or
public sewer lines extended to provide service to an adverse
public health condition or essential public facility cannot be
used for other purposes or other parties, except as provided in
Section VI.D.
C. Sizing of Lines Extended Into Interest Areas
The extension of public water or public sewer lines into an
interest area shall be sized so as to comply with State technical
and engineering regulations and only to serve the intended use,
as defined in this agreement. However, in the case of a public
water line extension, provisions shall be made to address
adequate line sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide service
to an adverse public health condition or essential public facility
cannot be used for other purposes or other parties, except to
remedy another adverse public health condition.
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E. Siting of Essential Public Facilities Within Interest Areas
The location of some essential public facilities, particularly
schools, requires special consideration for access to public
water and sewer lines.
Where possible, schools shall be sited in a manner that
promotes the efficient use of existing water and sewer service.
Preferably, a set of criteria governing such situations would be
developed based on consultations between the appropriate
school boards and the elected officials of affected jurisdictions,
and applied as necessary.
Publicly -owned facilities other than a public school shall be
located in a manner that promotes the orderly provision of
water and sewer service. The preferred method of connection is
to lines that already exist, or in a manner that would minimize
the need to extend existing lines.
F. Water and Sewer Service Into /Out of Orange County
Water and sewer service of any of the service providers that are
parties to this agreement shall not be extended outside of the
boundaries of Orange County without the approval of the elected
boards which exercise planning jurisdiction on either side of the
County boundary. Any extension of lines or service into Chatham
County requires the approval of Orange County, Chapel Hill or
Carrboro, and OWASA. This approval is not required when
water and sewer service is required as a condition of annexation
by the towns of Chapel Hill or Carrboro.
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A. Emergency Water Transfers (This subsection shall not apply
to any system operated by a municipality)
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Emergency water transfers are transfers that:
1. Are made for short-term duration. For the purpose of this
Agreement, short-term duration shall be reviewed at 30
days, 60 days and 90 days, with subsequent 90 -day
intervals up to one year, as per the following process:
a. After 30 days duration, a memo from the chief
administrative officials of the service providers
will be sent to the managers of the jurisdictions
that are parties to this Agreement. The memo shall
document the emergency, steps being taken to
address the situation, and notify the managers of
the potential for a longer period of the emergency
water transfer.
b. At 60 days, the service provider sending the water
shall notify its elected board (or, in the case of
OWASA, the member government elected boards)
on the status of the emergency and provide
opportunity for the boards to review and comment
on the situation. The receiving provider shall
provide similar information.
C. Between 60 days and 90 days from inception of
transfer, the elected boards which exercise
planning jurisdiction on either side of the boundary
in which the service is provided shall review and
approve or not approve the continuation of the
transfer beyond 90 days. If continuation of the
transfer is approved, it may continue for an
additional 90 -day period. Approval shall be
required for each subsequent 90 -day period, with a
maximum emergency water transfer duration of
365 days from inception. Lack of action by the
elected boards as provided in this subsection
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constitutes approval for the subsequent 90 -day
period.
d. At the 30 -day point, the service provider shall
determine that adequate water and other resources
and facility capacities are available to support the
extended emergency transfer without adversely
affecting the quality and quantity of water supply
and services to customers within its service area,
and without adversely affecting environmental
quality within its service area;
RM_C
2. Are not intended to provide raw or finished water supply
necessary to support new growth and development within
the service area of the service provider receiving the
transfer. Neither party shall, in planning for future
growth and associated increases in water supply needs,
rely upon water from the other party supplied under this
agreement to serve such growth.
a. A service provider experiencing a water
emergency and receiving emergency water
transfers must agree to act expeditiously and
adequately to mitigate and remove the causes of
the emergency conditions.
B. Non - Emergency Water Transfers (This subsection shall not
apply to the Town of Hillsborough until January 1, 2005.)
Non - emergency water transfers are only permitted with the
approval of the Orange County Board of Commissioners and
the elected or appointed boards of the service providers
providing and/or receiving the transfer. If OWASA is the
service provider, approval must come from the OWASA Board
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of Directors and the elected boards of Carrboro, Chapel Hill
and Orange County.
C. Wastewater Transfers
Wastewater transfers are only permitted with the approval of
the Orange County Board of Commissioners and the elected or
appointed boards of the service providers providing the transfer.
If OWASA is the service provider, approval must come from
the OWASA Board of Directors and the elected boards of
Carrboro, Chapel Hill and Orange County.
Linkages to Other Agreements
There are a number of existing agreements among the parties to
this agreement that are relevant to the management and
planning of public water and sewer service. In addition, this
agreement and those listed below should all be read together.
Where inconsistencies exist, this agreement shall control,
except as otherwise provided by law. Included among these
relevant agreements with linkages are:
• Hillsborough- Durham Service Area Agreement
• OWASA- Durham Service Agreement
• Eno River Capacity Use Agreement
• Hillsborough/Orange- Alamance Water Systems
Agreement
• OWASA- Hillsborough Service Agreement
• OWASA- Hillsborough Bulk Water Transfer Agreement
• Chapel Hill- Durham Annexation Agreement
• Mutual Aid Agreement
• Jordan Lake Allocations from NC DEHNR
• OWASA Agreements of Purchase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill, and
3) OWASA and UNC
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• OWASA Agreement and Policy related to extensions of
water and sewer into University Lake Watershed
(applicable to water and sewer service to Rangewood
Subdivision and Heritage Hills Subdivision)
• OWASA- Orange County Agreements related to Piney
Mountain Subdivision sewer service
A. Water and Sewer Service Boundaries Map
B. Charge to the Water and Sewer Boundary Task Force
C. Toolbox of Remedies for Adverse Public Health Conditions
D. Joint Planning Area Boundary Map
E. Comprehensive Plan Land Use Maps for all Orange County local
governments, and of Chatham County
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THIS AGREEMENT ENTERED INTO THIS DAY OF
Chair, Orange County Board of Commissioners
Attest:
Clerk to the Orange County Board of Commissioners
Mayor, Town of Chapel Hill
Attest:
Town Clerk, Town of Chapel Hill
Mayor, Town of Carrboro
Attest:
Town Clerk, Town of Carrboro
Mayor, Town of Hillsborough
Attest:
Town Clerk, Town of Hillsborough
Chair, OWASA Board of Directors
Attest:
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