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HomeMy WebLinkAbout2001 Planning - Carrboro Chapel Hill Joint Planning AgreementG ATTACHMENT "A" Joint Planning Agreement September 22, 1987 Amended April 2, 1990 Amended September 30, 1998 Amended February 2, 1999 Amended August 20, 2002 JOINT PLANNING AGREEMENT THIS AGREEMENT, made and entered into this 2nd day of November, 1987, by and between the COUNTY OF ORANGE, a political subdivision of the State of North Carolina, the TOWN OF CHAPEL HILL, and the TOWN OF CARRBORO, municipal corporations duly created and existing under the laws of North Carolina. WITNESSETH: In consideration of the public benefits expected to flow from the cooperative efforts of the parties in establishing a coordinated and comprehensive system of planning within their respective areas of public concern, the parties to this Agreement hereby mutually agree as follows: ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE, LINKAGE Section 1.1 Purpose of the Agreement The purpose of this Agreement is to establish a method of coordinated and comprehensive planning in the Orange County-Chapel Hill- Carrboro Joint Planning Area, as defined herein. Section 1.2 Definitions A. Joint Planning Area. The area within the Rural Buffer and Transition Areas designated on the Joint Planning Area Land Use Map lying outside the extraterritorial planning jurisdiction of Chapel Hill and Carrboro. 1 4 ATTACHMENT "A" Joint Planning Agreement B. Joint Planning Area Land Use Plan. The Orange County-Chapel Hill- Carrboro Joint Planning Land Use Plan dated April, 1986, adopted by Orange County August 19, 1986 (revised October 13, 1986), amended May 4, 1987 and as it may be amended from time to time. C. Joint Plamiing Area Land Use Map. The Orange County-Chapel Hill- Carrboro Joint Planning Area Land Use Map, adopted August 19, 1986 (revised October 13, 1986) and as it may be amended from tune to time. D. Carrboro Joint Development Review Area (CJDA). The area lying generally west of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy of the Joint Planning Area Land Use Map as of the effective date of this agreement. However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. E. Chapel Hill Joint Development Review Area (CHJDA). The area lying generally east of a division of the Joint Planning Area and shown as such on the copy of the Joint Planning Area Land Use Map attached to this Agreement, labeled Exhibit A, and incorporated herein by reference. Exhibit A is appended to this Agreement solely for the purpose of indicating the CJDA and the CHJDA boundary. Exhibit A is an accurate copy ofthe Joint Planning Area Land Use Map as of the effective date of this agreement. l ATTACHMENT "A" Joint Planning Agreement However, it will only be changed as the Joint Planning Area Land Use Map is amended if the Map amendments change the location of either the CJDA or the CHJDA. F. Joint Courtesy Review Area. A portion of the northern Rural Buffer Area bounded on the east by I-40 and shown as such on Exhibit A. G. Rural Buffer. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such and designated in the Joint Planning Area Land Use Plan as Rural Residential, Agricultural, Public/Private Open Space, Resource Conservation, Extractive/Disposal Use and the overlay district designated University Lake Watershed Area. This area is further defined as being aloes-density area consisting of single-family homes situated on large lots having a minimum size of two (2) acres. The Rural Buffer is further defined as land which, although adjacent to an Urban or Transition area, is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services). H. Transition Area. That portion of the Joint Planning Area designated on the Joint Planning Area Land Use Map as such. This area is further defined as being in transition from rural to urban or already urban in density. Urban services (public utilities and other town services) are now provided to this area or are projected to be provided to this area. The portion of the Transition Area located in the CJDA shall be further divided into Transition Area I and Transition Area II on the Joint Planning Area Land Use Map. The Joint ATTACHMENT "A" Joint Planning Agreement Planning Area Land Use Plan shall provide that, within Transition Area II, no tract may, after the effective date of this Agreement, be approved for development at a density that exceeds one (1) housing unit per gross acre until at least 75% of the gross land area of Transition Area I consists of any combination of: 1. lots containing one acre or less; 2. residential developments approved for development at a density of at least one unit per acre; 3. streets, roads and utility easements located outside of lots containing one acre or less; 4. lots or tracts that are used for commercial, industrial, institutional or governmental purposes; 5. tracts that are owned by the University of North Carolina or other non- profit entities and that are not available for development. This density limitation does not apply to Village Mixed Use districts or Office/Assembly districts as provided for in the Facilitated Small Area Plan for Carrboro's Northern Study Area. I. Development Pernit. Major subdivision preliminary plat approval and any discretionary permit (whether called conditional or special use permit or some other term) issued by the Orange County Board of Commissioners, the Chapel Hill Town Council, or the Carrboro Board of Aldermen. J. Involuntary Annexation. Annexation authorized or undertaken pursuant to G.S. 160A-31, Article 4A, Part 3. ATTACHMENT "A" Joint Planning Agreement K. Voluntary Annexation. Annexation authorized or undertaken pursuant to G.S. Chapter 160A-31 or G.S. Chapter 160A, Article 4A, Part 4. Section 1.3 Effective Date and Duration A. This Agreement, except as provided below, shall become effective on the effective date of an Orange County ordinance (1) adopting this Agreement (after it has been approved. by Chapel Hill and Carrboro); (2) amending Orange County's Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations as prescribed in Section 2.1 of this Agreement; (3) amending the Joint Planning Area Land Use Plan to reflect the existence of Transition Area I and Transition Area II; and (4) amending the Joint Planning Area Land Use Map to show the location of Transition Area I and Transition Area II as indicated on Exhibit A. Any previously adopted Agreements shall become null and void upon this date. The Appendix to this Agreement shall become effective upon the execution of this Agreement. B. This Agreement, including any Appendix hereto, shall remain in effect until terminated by mutual agreement or by withdrawal of any party. Subject to termination provisions of this Agreement, annexation provisions of this Agreement shall be valid for not more than 20 years and may thereafter be renewed. A party may not withdraw until it holds a public hearing on the proposed withdrawal followed by written notices to the other parties within thirty (30) days of the public hearing. The withdrawal shall be effective one (1) year following receipt by the other party of the written notice. Withdrawal ATTACHMENT "A" Joint Planning Agreement of one party shall not invalidate the Agreement with respect to remaining parties. C. Upon execution of this Agreement, the parties agree that each will take, in a timely manner and without unnecessary delay, all steps (including but not limited to preparation and adoption of Zoning maps, appointment of Transition Area representatives to Planning Boards and Boards of Adjustment, and all required land use ordinance amendments} required to cause this Agreement to become effective, and will notify the other parties when those steps have been taken. Orange County will notify the Towns by resolution when this Agreement becomes effective. This Agreement may become effective as to two parties pending completion of steps necessary to make effective a 3-party Agreement. Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is Exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement. ARTICLE 2. ADOPTION, ADMINISTRATION AND AMENDMENT 4F STANDARDS Section 2.1 Standards Within the Transition Area ATTACHMENT "A" Joint Planning Agreement A. Chapel Hill shall prepare a Zoning Map for that portion of the Transition area that lies within the CHJDA and shall recommend its adoption by Orange County which, upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning dishicts which correspond to the text of the Chapel Hill Land Development Ordinance and which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CHJDA. B. Carrboro shall prepare a Zoning Map for that portion of the Transition area that lies within the CJDA and shall recommend its adoption by Orange County, which upon approval and adoption as prescribed in Subsection C of this Section, shall become part of the Orange County Zoning Ordinance. The Zoning Map shall be prepared using zoning districts which correspond with the density designations and plan classifications as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map for the CJDA. Transition Area II shall have density limited pursuant to Section 1.2H. C. Upon completion of the Zoning Maps referred to in Section 2.1A and B above, Orange County shall amend its Zoning Atlas in accordance with said Maps. Orange County shall also adopt by reference (i) the Chapel Hill Land Development Ordinance and make its provisions applicable to that portion of the Transition area located within the CHJDA, and (ii) the Carrboro Land Use ATTACHMENT "A" Joint Planning Agreement Ordinance and makes its provisions applicable to that portion of the Transition area located within the CJDA. Section 2.2 Standards Within the Rural Buffer Within the Rural Buffer, the Orange County Zoning Ordinance (including Zoning Atlas) and Subdivision Regulations that are in effect on the effective date of this Agreement shall remain in effect unless amended in accordance with Section 2.6 of this Agreement. Section 2.3 Permit Administration Within the Transition Area A. Except as otherwise provided in Sections 2.5 and 2.6, the Town of Chapel Hill and the Town of Carrboro, respectively, shall perform all functions related to the administration of the ordinances referenced in Section 2.1C. Subject to the remainder of this Section, Chapel Hill and Carrboro shall administer the referenced ordinances just as if the land were located within the respective Towns' planning jurisdictions. Administration shall include, but not be limited to, the following: 1. Receipt and processing of applications; 2. Issuance of any required permits and certifications; 3. Review and approval of required site/construction plans; 4. Conducting necessary site/building inspections; 5. Enforcement of all standards; 6. Any other acts or things necessary to administer the Ordinances; and shall be carried out in a manner so as to insure that a developer complies ', with all applicable ordinance requirements and the terms and conditions of ATTACHMENT "A" Joint Planning Agreement any permit issued by the respective towns. The towns may also charge fees for processing applications, conducting site/construction plan reviews, and carrying out site/building inspections in accordance with fee schedules applicable within their respective planning jurisdictions. B. Whenever Chapel Hill or Carrboro receives an application for a development permit as defined in this Agreement relating to land within their respective portions of the Transition area, it shall forward copies of the application to Orange County for review. The towns shall establish timetables to insure that Orange County has an opportunity to make recommendations regarding such applications within the framework of the County's regularly scheduled meeting dates. To the extent possible, the timetables of the County and the towns shall provide for simultaneous review to expedite application processing; provided, however, the towns may not vote to issue or deny a permit until they have received the recommendations of Orange County or until the expiration of forty-five (45) days after orange County has received the application, whichever comes first. C. From time to time a development moratorium is appropriate in order to address exigent circumstances or the results of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of the Town of Chapel Hill or the Town of Carrboro. To preserve the status'quo pending the consideration of a land use ordinance amendment designed to address exigent circumstances or the results of a study, the Town of Carrboro or the Town of Chapel Hill may propose the adoption of a development Joint Planning Agreement ATTACHMENT "A" moratorium pending consideration of the ordinance amendment. With respect to the CJDA, any proposed moratorium shall not be effective until adopted by the Town of Carboro and approved by Orange County following a public hearing conducted by the Town of Carrboro. With respect to the CHJDA, any proposed moratorium shall not be effective until adopted by the Town of Chapel Hill and approved by Orange County following a public hearing conducted by the Town of Chapel Hill. Any such adopted and approved moratorium shall initially be no more than six months in duration and may be extended one time for no more than six months for the reasons and following the procedures prescribed here. Section 2.4 Permit Administration in the Rural Buffer A. Except as otherwise provided in Section 2.6 and the remaining provisions of this Section, Orange County shall perform all functions related to the administration of the ordinances referenced in Section 2 .2 in the same mamler as if the land were located outside the Joint Planning Area. B. Whenever Orange County receives an application for a development permit relating to land located within the CHJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Chapel Hill for review. Similarly, whenever Orange County receives an application for a development permit relating to land located within the CJDA Rural Buffer or the Joint Courtesy Review Area, it shall forward copies of the application to Can boro for review. The County shall establish timetables to insure that the towns have an opportunity to make recommendations regarding such applications within the framework of their respective regularly scheduled meeting dates. To the extent ATTACHMENT "A" Joint Planning Agreement possible, the timetables of the respective towns and the County shall provide for simultaneous review to expedite application processing; provided, however, Orange County may not vote to issue or deny a permit until it has received the recommendations of the respective Towns or until the expiration of forty-five (45) days after the respective towns have received the application, whichever occurs first. C. From time to time a development moratorium is appropriate in order to address exigent circumstances or the results of a study of density designations, plan classifications or other matters prescribed by the adopted Joint Planning Area Land Use Plan, the Joint Planning Area Land Use Map or any of the land use ordinances of Orange County. To preserve the status quo pending the consideration of a land use ordinance amendment designed to address exigent circumstances or the results of a study, Orange County may propose the adoption of a development moratorium pending consideration of the ordinance amendment. Any proposed moratorium shall not be effective until adopted by Orange County following a public hearing conducted by Orange County. Any such adopted moratorium shall initially be no more than six months in duration and may be extended one time for no more than six months for the reasons and following the procedures prescribed here. Section 2.5 Enforcement Remedies. A. Permit revocation, if necessary and authorized by ordinance, shall be handled by the same individual or board authorized to issue the original permit. ATTACHMENT "A" Joint Planning Agreement B. Within those portions of the Joint Planning Area where the ordinances specified in Section 2.IC are administered by the respective towns, enforcement efforts through the use of civil penalties, criminal penalties or injunctive relief shall be initiated by the respective towns. The towns shall have the duty to defend at their own expense and shall indemnify and hold harmless, to the extent they can legally do so, Orange County, its Board of Commissioners, its advisory boards, its staff and all members of its boards and staffs, in their official and individual capacities, from any and all claims, actions, proceedings, expenses, damages or liabilities, including attorneys' fees and courts costs, resulting from the towns' administration of the ordinances specified in Sections 2.1(C). C. Orange County shall notify the respective towns and the towns shall notify Orange County as soon as practicable thereafter of any such claim, action or proceeding. A. Section 2.6 Text and Map Amendments A. Proposed amendments to the Joint Planning Area Land Use Plan and/or the Joint Planning Area Land Use Map may be initiated by (i) Orange County or (ii) the Towns or any other party by filing a request for such an amendment with Orange County. Any petition or request to amend the Joint Planning Area Land Use Plan received by the County shall be referred to the respective Towns. No such amendment tnay become effective until after it has been adopted by Orange County, Chapel Hill and Carrboro following a joint public hearing by all three governing bodies. B. Except as provided herein, proposed amendments to the text of the Orange County Zoning and Subdivision Ordinances that are applicable within the Rural Buffer as well as proposed changes in zoning district classifications (i.e., zoning ATTACHMENT "A" Joint Planning Agreement snap changes) that affect property within the Rural Buffer shall be initiated and adopted in accordance with the procedures set forth in those County ordinances. All such proposals that affect the CHJDA shall be referred to Chapel Hill for review and recommendation, and all such proposed amendments that affect the CJDA shall be referred to Carrboro for review and recommendation. Orange County may not adopt such proposed amendments until the respective Towns have made their recommendations, or until the expiration of thirty (30) days following such referral, whichever occurs first. C. Whenever Chapel Hill proposes to amend the text of its Land Development Ordinance, and whenever Carrboro proposes to amend the text of its Land Use Ordinance, the respective towns shall deliver a copy of the full text of the proposed amendment to Orange County not later than thirty (30) days before the date of the public hearing on any such amendment. However, with the written consent of the Orange County Manager or his designate, this thirty (30) day period may be reduced to not less than ten (10) days. Unless Orange County files with the respective towns a v~mitten objection on or before the date of the public hearing on the proposed ordinance ainend~nent, then adoption of the amendment by the respective town shall automatically effect a corresponding anlendment to the applicable ordinance adopted by reference by Orange County as provided in Section 2.1 C. Any such objection shall be based on a determination by Orange County that the proposed amendment is inconsistent with the adopted Joint Planning Area Land Use Plan. If a town adopts an amendment despite Orange County's objection, then it shall refer such amendment to Orange County with a Joint Planning Agreement ATTAC~~VIENT "A" request that the County make corresponding changes as expeditiously as reasonably possible so that the town may continue to enforce within its portion of the Transition area the same standards that it enforces within its own planning jurisdiction. hi the event of objection by Orange County as provided herein, no such amendment shall be effective within the Joint Planning Area until it is adopted by Orange County. D. Orange County may not unilaterally amend the text of its zoning or subdivision ordinances applicable to the Transition areas (i.e., those ordinances adopted by reference pursuant to Section 2.1C). Amendments to the ordinances referenced in Section 2.1C by Orange County may be accomplished only pursuant to subsection C above (including adoption by Orange County following a request to do so by the applicable town). Any petitions or request to amend these ordinances received by the County or initiated by the County shall be referred to the respective Towns. E. With respect to property that is located within the CHJDA Transition area, changes in zoning classifications may not be made unless and until an ordinance approving such zonng map amendment has been approved both by Orange County and Chapel Hill following a joint public hearing by the two goveniing bodies. With respect to property that is located within the CJDA Transition area, changes in zoning classifications, including the creation of or changes to the `floating' conditional use districts designed to implement the recommendations of the `Facilitated Small Area Plan for Carrboro's Northern Study Area' (Village Mixed Use conditional use districts or Office/Assembly conditional use districts) Joint Planning Agreement ATTACHMENT "A" may not be made unless and until an ordinance approving such zoning map amendment has been approved both by Orange County and Carrboro following a joint public hearing by the two governing bodies. Requests for rezonings within the Transition areas that are filed with the Coiurty shall be referred to the respective towns to initiate the amendment process. F. Proposed amendments to the text of this Agreement shall not become effective until approved by the towns and an Orange County ordinance adopting the amendment is adopted by Orange County. Section 2.7 Representation of Transition Area Residents Chapel Hill shall revise its Land Development Ordinance and Carrboro shall revise its Land Use Ordinance to provide that at least one resident of each town's respective Transition area shall be appointed to each town`s respective planning board and board of adjustment, in the same manner as representation of extraterritorial planning area residents is provided for in each Town's ordinance. ARTICLE 3. LIMITATIONS ON ANNEXATIONS Section 3.1 No Annexation Into Rural Buffer Except pursuant to the written consent of all parties to this Agreement, neither Chapel Hill nor Carrboro may annex into the Rural Buffer (whether by voluntary or involuntary annexation or any other method authorized by law) nor shall any party seek special legislation accomplishing such annexation. Section 3.2 No Annexation by One Town Into Another Town's Transition Area Except pursuant to the written consent of the other town, neither Chapel Hill nor Carrboro may annex into the other's Transition area (whether voluntary or ATTAC~-~NT "A" Joint Planning Agreement involuntary annexation) or any other method authorized bylaw, nor shall either Town seek special legislation accomplishing such annexation. ~'~ Carrboro Transition Area 1 Ta Carrboro Transition Area 2 Chapel Hill Transition Area •-••••••• Carrboro/Chapel Hill Joint Planning Boundary E,tra[erritorial Jur15d1ttton (E:ISting} University Lake watershed in Orange County • University lake watershed in Carrboro E.T.J. Chapel Hlil/Carrboro Corporate ~':•`~~: limits ® Joint Caurte ay Review Area irIt~P V • .:r ATTACHMENT "B" Water and Sewer Management Planning and Boundary Agreement WATER AND SEWER MANAGEMENT, PLANNING AND BOZTNDARY AGREEMENT S AGREEMENT, made and entered into this ~ day of ~d/, 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 ] ofthe North Carolina General Statutes. WITNESSETH: In consideration of mutual benefits regardingthe definition of water and sewer service boundaries and the management and planning thereof, the parties to this agreementhereby mutually agree as follows: 765~~IYL'iy~, ~Et ay „`~,~r anN•'t:r.,u..*?.>,. •r.~J..S~~ ~> ~ ~~W9r,c rF .._.•.._'z.t 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, Canboro 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 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. ATTACHMENT "B" Water and Sewer Management Planning and Boundary Agreement 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. °r!,^~~!~.~`~~~..~.~. ~ _ ~ ~~ ~' .a15.~•i"."L~t.TkfM}... L..~.°s~'.'.._+.~1 '~r9$t ti?'`P 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 tenn, the agreement shall renew automatically, unless written notice is provided of intent to withdraw as noted in subsection E below. D. .Procedure for proposingand acting on changes in agreementincluding boundaries Any change to the agreement (including boundaries) requires approval of all parties to the agreement. Water and Sewer Management Planning and Boundary Agreer ATTACHMENT "B" 2. The addition of other parties to this agreement steal I 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 ofthe 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 al] 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 Serviceand 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 ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement interest area. The party to this agreement with development plan review authority shall retain approval authority for all development proposals within its planning jurisdiction. A. 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 fiom the Joint Planning Agreement or fiom any other cooperative planning agreement does not constitute withdrawal fiom this agreement: Withdrawal fiom this agreement can only be accomplished as provided in this agreement. I( /~'1~i pp rr~ t ~. rr 5~ `' a ' f a try 1;erg -~ ~ fI`"C;.~_ il::r'.t t~!~.~~!"!1~~~._.._.,.. ox Et:.~ '_"`'_....v`.i~~s~~~~°_°~....r..nt...~'~~"~..~ ....v...__.~:X ~ .uusa$vS°~.i~ Primary Sem ce 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 . ? Arp~tlrln~In.7p~nms.A, the Taxn~HYhEnwghlmg MwINmxAieumdFlamYSovlwAreanrmnb4ndmdl~yogpoasgfd6agrwanevla laAismySrMaMn 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 aze 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. ATTACHMENT "B" Water and Sewer Management Planning and Boundary Agreement OWASA's Long-Term Interest Area is hereinafter referredto 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-Tenn Interest Areas are not service areas, and do not include areas outside of Orange County. Orange County's Long-Tenn Interest Area is hereinafter referred to as Orange County's "interest area." Essential Public Facility: Apublicly-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 AdversePublic Health Condition exists in the case of a wastewater system(s) when it is (1) failing, (2) documentedto 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 beeliminated; • 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 ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement 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 orPublic Sewer Service: The provisionof water and/or sewer service by a party to this agreement. This definition does not include consulting servicesand/or tecluucal 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 occ~u 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 wluch is not an emergency water transfer. WastewaterTransfer: Any transfer from one wastewater service providerto another wastewater service provider. Water and/or Sewer Provider: A mtiuucipal corporation, county, private non profit water system, or public water and sewer authority 6 ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement under the N.C. General Statutes that provides water and/or sewer service to the public. "~~ ~ i cvC k F q `~ ~ .4'S~Eiu~ t" ..~Q^~-L ~ ...:~~?~'~1~it r , 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 azeas ui which the parties may provide water acid sewer service; and no party to this agreement shall extend service beyond the designated boundaries, except as provided in this agreement In no case shall service be extended beyond the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill or Carrboro, and OWASA 2 OWASA presently provides water and sewerservice outside of the OWASA Service Area shown on Appendix A as follows: location service rop vided Heritage Hills Subdivision water and sewer Rangewood Subdivision water and sewer Piney Mountain Subdivision sewer only ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement 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 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. ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement C. Policy of "first-refusal" 1. The designated water and sewer provider within a service azea or interest azea 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 determinedto be required to address the adverse public health condition. 2. If the desi~,mated 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. l f 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. ~...- tx~ rw.s-~-.. •^..- ..__. • •gc`R~'~ u^~Py~~ftr""`~ ;` '' ~;,, "':~fi~t ",, ,~~` ni Cad A. Prohibitionsand Limitations on Extension Into Interest Areas The development of land within interest areas is not projecteclto 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, VI.F, VII.A, VII.B, VII.C}3. Individual on- site and smalUcommunity--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. ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement B. Adverse Public )Eiealth 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 CountyHealth Department documents an "adverse public health condition." An adverse public health: condition exists where: Iu the case of existing wastewater systems}, it meets all of the following criteria: • the wastewater system is faiing 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 followingtermsused in the criteria above mean: Failuig Wastewater~System: A wastewater system is failing when sewage or eftluenb is seeping or discharging to the ground surface or to surface waters. A permitted, properly functioning non-discharge wastewater system (e.g., aspray-irrigation system)- and a pemttted, properly functioning discharge system are not failing wastewater systems. Apurovable On-Site Repair: An approvable on-site wastetwater 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 of 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 ystem to function properly. Arecommended on-site repair may incorporate engineered design (a design certified by an engineerto overcome all. soiUsite limitations in the particular situation), site ATTACPIlVIENT "B" Water and Sewer Management Planning and Boundary Agreement or system modification, flow reduction or other measures caleulatedto 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 contuninated with a microbial, chemical or other agent which is known to cause disease. or other serious health effects; 0 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 pemutted 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 tenors 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 Su~Iv SSystem: A well water supply system is any well that is intended for use or is usable as a source of water supply for domestic use (including household purposes, farm livestock, or gardens) and the pump and 11 ATTACJi IlVIENT "B" Water and Sewer Management Planning and Boundary Agreement under the N.C. General Statutes that provides water and/or sewer service to the public. A ~~ ~ A A. Service Areas and )<merest 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 parses may provide water and sewer service, and no party to this agreement shall extend service beyond the designated. boundaries, except as provided in this agreement. In no case shall service be extended beyond the boundaries of Orange County without the approval of the elected boards which exercise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the approval of Orange County, Chapel Hill or Canboro, and OWASA. 2 OWASA presently provides water and sewer service outside of the OWASA Service Area shown on Appendix A as follows: location service provided Heritage Hills Subdivision waterand sewer Rangewood Subdivision water and sewer Piney Mountain Subdivision sewer only ATTAC~~NT "B" Water and Sewer Management Planning and Boundary Agreement 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 mam~er that would minimize the need to extend existing lines. F. Water and Sewer Service IntofOut 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 ofthe 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, ,, A. Emergency Water Transfers (This subsection shall not apply to any system operated by a municipality) 13 ATTACHMENT "B" Water and Sewer Management Planning and Boundary Agreement Emergency water transfers are transfers that: Are made for short-term duration. For the purpose of this A~-eement, short-term duration shall be reviewed at 30 days, 60 days and 90 days, with subsequent90-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 sentto the managers ofthe jurisdictions that are parties to this Agreement. The memo shall docwnent the emergency, steps being taken to address the situation, and notify the .managers of the potential for a longer period of the emergency watertransfer. b. At 60 days, the service provider sending the water shall notify its elected board (or, in the case of OWASA, the member government elected boards) on the status of the emergency and provide opportunity for the boards to review and comment on the situation. The receiving provider shall provide similar information. c. Between 60 days and 90 days from inception of transfer, •the elected boards which exercise planning jurisdiction on either side of the boundary in which the service is provided shall review and approve or not approve the continuation of the transfer beyond 90 days. If continuation of the transfer is approved, it may continue for an additional 90-day period. Approval shall be required for each subsequent 90-day period, with a maximum emergency water transfer duration of 365 days from inception. Lack of action by the elected boards as provided in this subsection 14 ATTACHIVIENT "B" Water and Sewer Management Planning and Boundary Agreement constitutes approval for the subsequent 90-day period. d. At the- 30-day pouit, the service provider shall determine that adequate water and other resources and facility capacities are available to support the extended:emergencytransfcr 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; AND 2. Are not nrtended 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. early 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 adequatelyto 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 aze 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 Boazd 15 AT"I'AC~IlVIENT "B" Water and Sewer Management Planning and Boundary Agreement of Directors and the elected boards of Carrboro, Chapel Hill and Orange County. C. Wastewater Transfers Wastewatertransfers are only permittedwiththe 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 ofDirectors and the elected boards of Carrboro, Chapel Hill and Orange County. p~ A 4p ~ y "s~-p _-yq RJ.~ Yac "b ~y`r .{ Linkages to Other Agreements There are a number of existing agreements among the parties to this agreementthat are relevantto 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-HiAsboroughBulk Water Transfer Agreement • Chapel Hill-DarhamAnnexation Agreement • Mutual Aid Agreement • Jordan Lake Allocations from NC DEHNR • OWASA Agreements of Purchase and Sale between 1) OWASA and Carrboro, 2) OWASA and Chapel Hill, and 3) OWASA and UNC 16 ATTAC>E-IlVIENT "B" Water and Sewer Management Planning and Boundary Agreement • OWASA Agreement and Policy related to extensions of water and sewer into University Lake Watershed (applicable to water and sewer service to Rangewood Subdivision a~~d 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 SewerBoundary Task Force C. Toolbox of Remedies for Adverse Public Health Conditions D. Joint Planning Area Boundary Map E. ComprehensivePlan Land Use Maps for aT1 Orange County local governments, and of Chatham County 17 Water and Sewer Management Planning and Boundary Agreement ATTACPIlV~NT "B" THIS AGREEMENT ENTERED INTO THIS .~` DAY OF S ~--- . iers Lv~otaogemunty431701venionwefsewdeenegtdoc Water and Sewer Management Planning and Boundary Agreement ATTACHIVIENT "B" AppendixA Water and Sewer Management Planning and Bossrzdarv Agreement ,pg~~ f, m ro 4~ Q p6 ~f4 Cet~« U l L 3 4 ~'~4 Onn~n Cxnxy Plfanln; faA/nyrfNhal DepMaieal FfNfdMxpAv dnr rgmnedChpxlBW Urbn.4ovfnBfwtoy PnPfrrd Ij Cfrrfx 7PhhfM1! llgl/Ol ONR1xxiMtpPffyfM18P8Nk NdaNffd W17N7