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HomeMy WebLinkAboutAgenda - 03-29-2001-3ORANGE COUNTY BOARD OF COMMISSIONERS WORK SESSION AGENDA ITEM ABSTRACT Meeting Date: March 29, 2001 Action Agenda Item No. .3 SUBJECT: Water and Sewer Boundary Agreement DEPARTMENT: County Attomey PUBLIC HEARING: (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: 3/7/2001 Letter from County Attorney Geof Gledhill, County Attorney w/Draft Letters to Town Officials 732-2196 9/27/2000 Letter from County Attorney - TELEPHONE NUMBERS: _- _:_.....'._.. 9/5/2ppp" Letter'form County Attorriey~ Hillsborough 732-81$1 ~_ Chapel Hill 968-4501 Durham 688-7331 Mebane 336-227-2Q31 PURPOSE: To receive a summary from the County Attorney regarding actions by other governmental bodies within Orange County relative to the proposed Water and Sewer Boundary Agreement and possibly discuss the County's next steps regarding the proposed Agreement. BACKGROUND: The Board of County Commissioners along with other governmental entities in Orange County have invested considerable time and effort in the development of a proposed Water and Sewer Boundary Agreement for Orange County. The various govemmental bodies have recently reviewed the proposed Boundary Agreement on an in depth basis and have taken actions relative to it.. County Attorney Geof Gledhill has prepared a summary report of the various jurisdictions' actions. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Manager recommends that the Board receive the summary report from the County Attorney and proceed as it desires. 03I26~"20tl1 15:05 9196443002 OR. CTY. PLANNING PAGE 02 LAw o'FFicFs Co~~x, Gr.~xt~ & H~xGx~vE A' PROFE5510NAL CO1tPOEU.TIDN 1x9 ~ TaYON sT1~T r. o. flt+nwea 15'L9 tiQd580RQUGH, NORTH GIROIINA 27x78 919-732.2196 FROM THE DESK OP FAX 919.732.7997 March 7 , 2 0 01 GEOFFR1rY E GLIDHITI avEHSCf'tr wW W.fX;ANAH.COM Commissioner Moses Carey, Jr. _ 907. Lystra Lane . - -.- P 7-516 .. - ~. Ckza el Hi 11; Nor~:h ~Carolana 2 .---- . Commissioner Alice M. Gordon 2 B 2 Edgewood ]7ra.ve Chapel Hill, North Carolina 27514 RE: Water and S.et~rer Management_ , Planning aad Boundary Agreement pear Moses and Alice: Enclosed is the Water and Sewer Management, Planning and Boundary Agreement revised per our conference ca11 following the report oz~ the status of the agreement given at the Soard of Commissioners October 2, 2000 meeting. The first revision can be found at Sectian 7:V.S. T have renumbered Section TV.B. It is now TV.B.1. And, T have added a new IV'.8.2. IV.B.2 "grandfathers" OWASA's water and sewer services. in the Heritage Hills, RangEwood and Piney Mountain Subdivisions. I have also added to Section VIII of the agreement the OWASA agreement and po],icy related to the Rangewood Subd~.vision and the Heritage Hills Subdivision and the OWASA-Orange County a.nterlocal agreements related to the Piney Mountain Subdivision sewer service. The other revision~x have made to the agreement is the deletion of the first clause in paragraph VT.F. This deletion • ~ was requested by Carrboro. Per your instructions, T have not changed the non- emergency transfer language in the agreement notwithstanding concerns of oWASA that nan-emergency transfers of water and sewer require approval of all of Orange County, Carrboro, 03/26/2001 15:05 9196443002 DR. CTY. PLANNING PAGE 83 Commissioner Carey Commissioner Gordon Page 2 March 7, 2001 Chapel Hill and CWASA. These provisions are found at Sections VII.B. and VII.C, Finally, I have enclosed a draft transmittal letter to the other parties to the agreement which explains the process for linking the Water and Sewer Management, Planning and Boundary Agreement with the Joint Planning Agreement. 'this was a request of carrboro. Y thank this ie ready far consideration again by the -Boar ~ County Commss' _:.. _ d~o loners and._transmittal to the other local governments for approval, This item could be considered by the Board of County Commissioners as soon as a planned March 29., 2001 work session. Very truly yours, GEG/lsg Enclosures xc : John M . Liz~:k, Jr . lsgelettere\cafi@ygordoa.ltr COLEM~iN~ LL. be I3ARGRAVE , P . C . 03/26/2001 15:05 97.96443002 OR. CTY. PLANNING PAGE 04 . REVISbD 3/29/00 WA SEWER MA-NA~FMENT. PANNING 1~ B,f~UNDARY AGRE~,~NT THIS AGREEMENT, made and entered into this day of by and between the COUNTY OF ORANGE, a political subdivision of the State ofNorth Carolina; the TOWN OF CARRSORO, the TOWN OF CHAPEL HILL, and the TOWN OF HILLSBOROUGH, municipal cozporations duly created and existing under the laws of Worth CaTOlina; atad the ORANGE WATER AND SEWER ACJTHORITY, a public water and sewer authority duly created .and existing .. _.. under .Chapter :1.5~_ ..,~Ia,cle-1 of.the North Carolina General Statutes. WITNESSETI~: In consideration of mutual benefits regarding the definitXOn 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-I980's, several attempts to define water and sewer service boundaries for Orange County and the municipalities of Chapel Hi11, Carrboro and Hillsbaxough have been undertaken. In 1994, a Task Force was fozmed consisting of elected officials from Canrboro, Chapel Hill, Hillsborough and Orange County, as we11 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. . ~. Purpose off' Water and Sewer boundary .A,greement l . 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. 03/2612001 15:05 9196443002 OR. CTY. PLANNING PAGE 85 _ ~ REVISED 3/29/00 2. To complement growth management objectives, land use plans and annexation plans in existing agreements, such as the Orange County-Chapel Hill-Caxrboro 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. ~. To provide for limitations on water and sewer service in certain areas, as defined. ,A. Effective Date of t}ae 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) yeazs from its execution, and shall be renewable as provided in the following subsection. C. F Procedure for renewal At the end of each ten year term, the agreement shall renew automatically, unless written notice is provided of intent to w,ithdiraw as noted in subsection E below. D. Procedure for proposing and acting on changes in agreen~eat including boundaries 1. Any change to the agreement (including boundaries) requires approval of all parties to the agreement. 03/26/2001 15:05 9196443902 OR. C7Y. PLANNING PAGE 06 . REVTSED ~iz~iao 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 l . 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 .. _ _ effe4l~ve one.-(-1) Year follcawir~g receipt by the other _ parties of the writte notice.. _. - _.-. - -. n 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 mannez-provided far 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 witl~,%n 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 aTl new major subdivisions and other residential and non- residential site plan approvals within their service area and 03f2612001 15:05 9196x43002 QR: C7Y. PLANNING PAGE 07 REVISED 3/29/00 interest area. The party to this agreement with development plan review authority shall retain approval authority fox all development proposals within its planning jurisdiction. H. Linkage with the Orange County-Chapel Hill-Carrboro Joxmt 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 maybe entered into among some or all of the parties. T_ ernunation of the Joint -_ -: - - _ : - ;. Plazu~ing_~~~em~nt. 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 where water and/or sewer sezv~ice is now provided, or might reasonably be provided in the future, according to adopted plans (hereinafter referred to as "service area")~ . Z: As pa• the racy G APDp+d~ A, rAa Tewn ~fIJLrEeroagli lorrg.Tara~ !ur•vst Area and Pninary Sa~weeriraa a.r av~bivadandJo• papaw ofrLk ag•awtarr u Irr Prt~~nry Sw%cv A•ea. OWASA Long-Term. interest Aarea:.A,n 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 Axea is hereinafter referred to as OWASA's "interest area." 4 03f26f2001 15:65 9196449002 GR. C7Y. PLANNING PAGE 08 REVISED 3/29/00 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-Terre Interest Areas are not service areas, and do not iunclude areas outside of Orange County. Orange C,ounty's Long-Term Interest Area is hereinafter referred to as Orange County's "interest area." .. _ .:.., E~~ential -Public -Faciiity: A pubii~cl . _. y-=o~vne~d £acility; -or a facility wholly financed by Federal, State or local government {or a combination thereo fl that provides a service. for the health, safety and general welfare of County residents (for exarr~ple, a school, fire station, public safety substation or solid waste convenience center). Adverse Public Healt$ Condition: An Adverse Public Health Condition exists in the case of a wastewater system(s) when it is (l ) 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 lalown 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 elimnated; ~ there is no alternate location on-site fox 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 S 03/26/2661 15;05 9196449662 0R. CTY. PLANNING PAGE 09 REVISED 3/29/Oo of the potential of contaminant migration to the alternate site. A description of these terms and their application is provided in Section VZ of this Agreement. Public Water or Public Sewer Service: The provision of water and/or sewer service by a party to this agreement. This defriition does not include consulting services and/or technical assistance services. Emergency Water Transfer: Any short-team transfer of raw water .-..-. su ~ or d drinkan water 5u 1 e___s_e ,~._.__,..: ~ - ~::--_ - ..:~:. asPSt ano~her5s ~~.__: -.: _ ........g _ _.. ~ PP Y from o need~c~ prrovider to ervice provider in meeting water s 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 ofmajor 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 fuushed 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 cozporation, county, private non-profit water system, or public water and sewer authority under the N.C. General Statutes that provides water andlor sewer service to the public. 6 0312612001, 15;05 9196443002 OR. CTY. PLANh1ING PAGE 10 REVISED 3/06/OI A. Service Areas and interest Area Boundaries The service area and interest area boundaries are as shown in Appendix A,. B. Adherence to Boundaries c ~,.:. 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 ~ designatedr ~eldc~s; except as providcd ixx ilus agreement (Secrions ~•B•2- V~.B, VZ.C, VI.D, VI.F, - VII.A, VII.S, 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 Orazige County, Chapel mill ox Carrboro _ and OWASA. 3. Parenrhet,lcal phrase to be left in until agreement~is adapted. ~. ~YV~~/~gresently ~rovide~y~ate,,,,,,r an sewer service i r h Appendix Aas follows: location service provided Herita~~~l=iLs~~division_ water and sewer B~ngewoQd ,~u~ilivision water and sewer i~,ge~-lV~ur~tain_Subdivision ,ewer only ~~,~,~ly~~d_tvater and _sewer service_.ndtban i ~~yAS~, policies and in~erl~~, a~reernent~etated to ~.grrement. Any change tot s~n~~ies and interlocal f hi m n n 7 03/26/2001 15:65 9196443002 OR. CTY. PLANNING PAGE 11 REVISED 3/29/4 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. Procedures:~~ax the rovis~sin~-~f-~ - - -- ~ - -- - . - 1~...- , p ervice 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 pravider 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 ox 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. Q 03/26x2001 15:05 9196443602 DR. CTY. PLANNING _ PAGE 12 REVISED 5/30/00 3. The designated water and sewer provider may contxact with another service provider to address the situation, in the manner prescribed in Section VI of this agreezx~ent, upon consultarion 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 V,I of this agreement. A. Pxohibitioas and Limitations on Extension into Interest Areas The development of land within interest areas is not projected to occur at urban densities, and there~'ore, public water and sewer service shall be prohibited in these areas, except as provided in this agreement {Section VI.B, VX.C, VT.D, VI.F, VIx,A, VIT.B, VII.C}3. Individual on- site and smalUcommunity-scale alternative water supply and wastewater treatment systems not physically connected to centxal systems will be the primary methods of meeting the water and sewer service needs of existing and future development. 3. zbid. B. Adderse Public Health Conditions An exception to the prohibition of public water and sewer service in interest areas maybe made to allow the extension of lines in the event the Orange County Health Department documents an "adverse public health condition." An adverse public health condition exists where: 1. Tn the case of existi~lg wastewater system(s), it meets all of the following criteria: . • the wastewater system is failing; • the wastewater system is d©cumented to be failing by the Orange County Health Department; 9 03/2fi12001 15:05 9196443002 DR. CTY. PLANNING PAGE 13 REVISED 3/29/00 • 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 tQ the ground surface or to surface waters. A pemnitted, properly-functioning non-discharge wastewater system (e.g., aspray-irrigation . system) and a permitted, properly-functioning discharge .. -.- _ _ system,_are. n -- - ... of . _ailing w..actew~tP_r_.-.5vstet?ric T, .._. ,_-- App v Ie ~-5~,~~epair: 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. . - ~ • A recommended on-site repair is one that is not an approvable on-site repair, but is one that in the best professional judgement 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 soiUsite limitations in the particular situation), site or system modification, flow reduction or other measures calculated to improve fiurctionality 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 #'rom the well water supply system is not treatable prior to withdrawal to the point where the >, o 03/26}2001 15:05 9196443002 QR. C7Y. PLANNING PAGE 14 REVISED ~' S/30/00 threat of disease or serious health effects is eliminated; • there is no alternate location on-site fox 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 excavarion that is cored, bored, drilled, jetted, dug or otherwise constructed for the puarpose of locating, testing, developing, drauung ox 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 Wat~r.~~ppl~~,x~~Il1;. A well .water supply system is any well that is intended for use or is usable as a source of water supply fox domestic use (including household purposes, farm livestock, or gardens) and the pump and pipe used in connection with or pertaining thereto, including well pumps, distribution pipes, plumbing pipes, tanks, fittings, and water treatment devices. The Orange County Health Department shall make the determination as to whether an adverse public health condition exists, and shall make a recomxnendafi,on on the appropriate . remedy to the governmental enrity(ies) in the appropriate interest area. "1 he 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 axes where the adverse 11 03!26!2001 15:05 9196443002 OR, CTY. PLANNTNG PAGE 15 REVISED 3/29/00 public health condition exists. Xn the Orange County-Chapel Hill-Carrboro Joint P1ant~ing 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 - -~._ _ Thy extension of public water ~ or publi c sewez 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 pwrposes or other parties, except to remedy another adverse public health condition. E. Siting of Essential Public Facilities Within Interest Areas The location of some essential public faciliries, 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. iz 0312612001 15:65. 9196443002 OR. CTY. PLANNING PAGE 16 REVISED 3/06/01 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 Se~cwex Service Into/Out of Orange County __ _ . _ ~ _. and seu er service n~,,,,,.o ~;;;,.,«., ~~?at~r.. :of ary o~the service _ ~" A 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 exezcise planning jurisdiction on either side of the County boundary. Any extension of lines or service into Chatham County requires the appTOVaI of _ Orange County, Chapel Hi11 or Caxrboro and OWA.S.A. 11ais approval is not required when water and sewer service is required as a condition of annexarion by the towns of .Chapel Hill or Carrboro. A. Emergency Water Transfers (This subsection shall not apply to any system operated by a municipality) Emergency water transfers are transfers that; l . 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 durarion, a memo from the chief administrative officials of the service providers will be sent to the managers o£ the jurisdictions that are parties to this Agreement. The memo shall 13 03f26f2001 15:05 9196443002 OR. CTY. PLANNING PAGE 17 REVISED 3/29/00 document the emergency, steps being taken to address the situation, and notify the managers of the potential fox 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 _ pr-ovi~:, ~imilax xnf~rxnation. c. Between 60 days and 90 days from inception of transffer, 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 additiona190-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 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; AIvU 1d 03/26/2001 15:05 9196443002 OR. CTY. PLANNING PAGE 18 REVISED 3•~38~98 7/05/00 z. Axe not intended to provide raw or finished water supply necessary to suppork 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 izt 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 . __.._:~::,,:.::~~,_:.-_:-...::_..~.-. ._:.:__:-:.-.enaergea~cy and receiving emergency water. transfers must agree to act expeditiously and adequately to m.irigate and remove the' causes of the en~exgency conditions. B. ~ Nan-Enaergeucy Water Transfers (This subsection shall not apply to the Town of HaXlsborough until January I, 20U5.) Non-emergency water transfers are only permitted with the approval of the Orange County Boazd of Conux~.issioners and the elected or appointed boards of the service providers providing and/or receiving the transfer. rf OWASA is the service provider, approval must come from the OWASA Board of Directors and the elected boards of Carrboro, Chapel Hill and Orange County. C. Wastewater Transfers Wastewater transfers are only permitted with the approval of the Orange County Board of Commissioners and the elected or appointed boards of the service providers providing the transfer. . If OWASA is the service provider, approval must come from the OWASA Board of Directors and the elected boards of Carrbvro, Chapel HiII and Orange County. Linkages to Other Agreements 15 03/26/2001 15:05 9196443002 OR. CTY. PLANNING PAGE 19 REVISED 3/~6/OI 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 con>~rol, except as otherwise provided by law. Included among these relevant agreements with linkages are: • Hills~~ra~.-l~urbarn=~~vi.ce Area A_g~eement OWASA-Durham Service Agreement Eno River Capacity Use Agreerttent HillsboroughlOrange-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 • P 1' w r w ~ r ~applical~Ie to water and sewer service to Ra~gewood i i • ~A A-Orange Coun - eem~ts related to Pinev r 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 Caunty local, governments, and of Chatham County ,~ 03/26,12061 15:85 9196443002 OR. CTY. PLANNING PAGE 20 REVISED 3/29/00 TES .A,G~EEMENT ENTERED INTU THIS pAY OF Chaiar, Orange County Board of Commissioners Attest: Clerk to the Orazige County Board of Commissioners ::, _ .... : _,.:..: ___ __..:.. ~.:,..:.: ~ _.__::......, .... _ , 1+/fayor; Town-of Chapel 1:"iill Attest: Town Clerk, Town of Chapel Hill ' Mayor, Tows, of Carzbozo Attest: Town Clerk, Town of Carrboro Ivlayor, Town of Hillsborough Attest: Town Clerk, Town of Hillsborough Chair, OWASA Board of Diurectars Attest: 0 1sg: orangecvunry~30601 waserandsewer.doc 17 03/26/2001 15:05 9196443002 DR. CTY. PLANNING PAGE 21 DRAFT Maxch 7, 2001 The Honorable Mike Nelson, Mayor, Town of Carrboro and Board of Aldermen Town Ha~.l - W. Main street^_~---:-:. ~.-..-:_.. _,,:._--,~----~-,<... 3~7: Carrboro, North Carolina 27510 Dear Mayor Nelson and Members of the Carrboro Board of Aldermen: Enclosed is the water and Sewer Management, Planning and Boundary Agreement for your further consideration. It has been revised to incorporate recommendations of the governing boards of the parties to the agreement. Please consa.der approving this agreement at an appropriate opportunity. You have asked the County to comment on the process for linking the proposed Water and Sewer Boundary Agreement with the Joint Planning Agreement. Linking the two agreements is part of the overall stx'ategy to make sure that the local go~crernment decisions about where publa.c water and sewer will be permitted cannot be undone by third persons seeking connect~.on to public water and sewer systems. This is the method used in other places around the country to ensure that the utility planning efforts of the public water and sewer utilities and the land use planning efforts of the local governments doing land use planning are not thwarted through demands by land owners and the development community that public water and sewer connections be made contrary to the planned serva.ce area of the utilities. The easiest way to accomplish the linkage is for the Joint Planning Agreement to be amended to include by reference the adopted water and sewez Management, Planning and Boundary Agreement. Thia Joint Planning Agreement amendment will require a joint public hearing of Orange County, Carrboro and Chapel Hill followed by separate action of each governing board amending the Joint Planning Agreement. This formality incorporates the water and Sewer Management, Planning and Boundary Agreement into the 03/26/2001 15:05 9196443002 OR. CTY. PLANNING PAGE 22 Page 2 March 7, 2001 Joint Planning Agreement thus formalising its provis~.ons as land use planning requirements that have the effect of law. Sincerely, Stephen H. Halkiotis Chair, orange County Board of Commissioners _..-. .. GEG/lsg lsg:letters\halkioLiecarrborowataz~dsew.,ltr F 63/26/2001 15:65 9196443002 QR. CTY. PLANNING PAGE 23 DRAFT March 7, 2001 The Honorable Rosemary I. Waldorf Mayor, Town o£ Chapel Hill and Chapel Hi11 Town Council 306 N. -Columb~,a Street _~ " "CYiape7:`"HiTY-~ ~1Vart-h Caxdlria~ 27516 . The Honorable Horace Johnson Mayor, Town of Hillsborough and aoard of Commissioners Town Hall 101 E. Orange Street HillsborougY~, North Carolina 27278 The Honorable Dr. Peter Gordon, Chair OWASA Board of Directors and QWASA Board of Directors Post Office Box 366 Carrboro, North Carolina 27510 Dear [to the Mayors of Chapel Hill and HaJ.lsboxough and the Town Boards and to the OwASA Board Chair and its Board of Directors]: Enclosed is the Water and Sewer Management, Planning and Boundary Agreement for your further consideration. It has been revised to incorporate recommendations of the governing boards of the paxties to the agreement. Please consider approving this agreement at an appropriate opportunity. We have been asked by Carrbaro to comment on the process for linking the proposed Water and Sewer Boundary Agreement with the Joint Planning Agreement. Linking the two agreements is part of the overall strategy to make sure that the local government decisions about where public water and sewer will be permitted cannot be undone by third persons seeking connection to public water and sewer systems. This is the method used in other places around the country to ensure that the utility planning efforts 03/26/2001 15:05 9196443002 OR. CTY. PLANNING PAGE 24 Page z March 7, 2001 of the public water and sewer utilities and the 7.and use planning efforts of. the local governments doing land use ,planning are not thwarted through demands by land owners and the development .community that public water and sewer connections be made contrary to the planned service area of the utilities. The .easiest way to accomplish the linkage is for the Joint Planning Agreement to be amended to include by reference the adopted Water and Sewer Management; Planning and Boundary Agreement. This Joint Planning Agreement amendment will require a joint public hearing of grange County, Carrbaro and Chapel HiJ.I y _ .:<-~ -. _--.-:fo1:-l0 ' amendin the Xon o n - Oar ,_- _.-m~.~_....._., WPlanningpAgreement "'-. ,~-...,each gov~rni grp g - .: :,...... Joint This formalit a.nco orates the Water and Sewer Management, Planning and Boundary Agreement into the Joint Planning Agreement thus formaliza.ng its provisions as land use planning requirerulents that have the effect of law. Sincerely, Stephen H. Halkiotis Chair, Orange County Soard of Commissioners 5HH/GEG/lsg Enclosure leg:lettere\halkiotiachhi11e0WASAwatandseW.l~r 03/26/2001 15:65 9196443002 [JR. CTY. PLANNING Mar-~6-O1 01:50P Coleman Gledhill Hargrave 919 732 7997 LAW OFPLC:BS COI.~MAN, GLEDHILL & HA~RAVE w rsiDNAL aoRPOle.,nota 129E Tp.YON 5[R86~1' P d. ORA'tl1+~111s39 NILLSBOPOUGH, NOKfN GraouNA zTa7B 9l9-TJ2•i196 PAX 919.732.7997 V7EB57TE ~.CGN~fDH.CObt September 27, 2000 Moses Carey, Jr., Chair Margaret w, Brown Alice M. Gordon Stephen Halkxotis Haxxy -7aGObe Orange-Cau:~ty Board of Commissioners- - .. Past Off~Ce_;~bx- E318i=.. ._ ........: :.:.:.::.::. Hi17.sbcraugh, North Carolina 27278 R8: Water and Sewes PaYiCy Dear Board Members: PAGE 25 P.02 F[tOLt TH8 pP,SIC pF C3EOF'FR~Y E. GL®H1LL .This letter supplements my September 5, 200D letter concexning the status o~ the Water and Sewer Planning Boundary Agreement. zn my September 5 letter I xelated what I mistakenly thought wag an DWASA Board concern about the Agreement requiring ur~nimaus approve]. by DWASA, Orange Couia.ty, Carrboro and Chapel Hill far exteneiorie of utility lines or utility. service into Chatham County. That is not the concern expressed by the DW3LSA Beard. You'11 recall that this was „fixed" in the March 29, 2000 ~veraion of the Agreement. The Agreement as it was rEVised in March ZOOD calls for Chatham county ut~,lity extensions to be approved by OwASA, Orange County and Chapel Hill ~ Carrboro. The DWASA Soard hoe expressed a concern about the requirement for unanimous approval among DWASA, Orange County, Carrbaza and Chapel Hill for non-emergency water and sewer tranefer~. This requirement is in Sections VII.B and vli.c of the Agreement. very eruly yours, GBG/leg xc: John M. Link, ,7r. GLEDHILL & SA,RGRAVE, P.C. rey ~. Glyedhill leg:lettere~bdaLtaamatereerrer#2.1[r 03!26!2001 15:05 9196443002 DR. CTV. PLANNING PAGE 26 U1W OF~CES COLEMAN, GLEDHILL ~ HARGRA,VE A PROFE55IONAL OpBpoRA'f(ON 129 E TRYON SiRGbT P. a. ~a~a ~sas H1LLS80ROUGH, NORTH C.rliOllN/127278 919.32.2196 Frac919-r~a•7997 ~VEBSITE ~-W W.CGANDH.COM Moses Carey, Jr., Chair Margaret~W. Brown Al,ice~ M. Gordon _ ., .5tephen .Ha];kiotis z`y cobs Orange County Board . Post Office Box 8].81 Hillsborough, North of Commissioners Carolina 27278 RE:. Water sad Sewer Policy Dear Board Members: FROM T'F3E I]ESK OF G1;AFFREY E al~DHItl. This letter is a summary of what 1 understand to be the status of the-Water ~ Sewer Planning Boundary Agreement. As you know, you appro~red the Agreement,' on behalf of Orange County, on March 23, 2000 sad directed xt be sent to Carrboro, Chapel Hill., xiltsborough and OWASA for consideration by the boards of each. A copy of the minutes of the Boardrs March 23, 2000 meeting are enclosed. A copy of the Chapel Hill Town Council resolution and the Carrboro Hoard of Aldermen resolution in response are enclosed. The~Orange Water & Sewer Authority has discussed the Agreement, most recently~on August 24, 2000, but has not yet acted on it. Hillsbox:augh's action, approving the Agreement includes a modification deferring the requirement that Hillsborough comply with the non-emergency water transfer section until January 1, 2045. As you probably recap. the latter action was the result of Hillsborough wanting to be able to sell surplus water until the January 1, 2005 date. in order to help retire its indebtedness. associated with its new reservoir. T spoke with Ed Holland today about the OWASA Board plan for the Agreement. He informs me that it wi11 likely be - _ scheduled for OWASA Board action this month. The OWASA Board discussion on August 24, 2000 included a concern that extensions of utility xa.nes or utility service into Chatham County requires approval of OWASA, Orange County, Carrboro and Chapel Hil],. September 5, 2000 03/26/2001 15:05 9196443002 OR. CTY. PLANNING PAGE 27 Orange County Hoard of Commissioners Fags 2 September 5, 2000 Another concern has to do with the need for stronger language acknowledging existing service agreements and obligations. A final concern, clarified during Water and Sewer Boundary Taek Force meetings some time ago, is that the terms "service extensions" and "line extensions"'when used to descrzbe extensions into Chatham County do not include bulk water transfers or a bulk water transfer line to OWA.SA's system from a Jordan Lake intake facility. - - - Garrborv='•s= -re~c-lution of apPro~ral wc~uid add the Rangewood Subdivision and the Heritage Halls Subdivision to the Agreement map as part of the OwAS•A Service Area, The deletion from Sectioza VI.F, of the Agreement of the proviso "recognizing the land use implications of public water and public sewer service in adjacent counties or jurisdictions within Orange County," is, in my opin~,on,.not a substantive change to the Agreement. However, at may be significant. xn that regard Carrboro's resolution seeks clarification from "Orange County" with regard to the proceBe for linking with the Joint Planning Agreement. As you know, all jurisdictions were represented during the Water and Sewer Boundary Task Force meetings. The point of including the Water & Sewer Planning & Boundary Agreement in the Joint Planning Land Vse documents was made repeatedly dura.ng those meetings. This is part of the overall strategy to make sure that the local government decisions about where public water and sewer will be permitted cannot be undone by third persons seeking connection to public water and sewer systErria. This ie . the method used in other places around the country to ensure that the utility planning efforts of the public water and sewer utilities and the land use planning efforts of the local governments doing land use planning are not thwarted through insistence by landowners and the development community of public water and sewer cannectians contrary to the planned service areas of the utilities. Carrboro's request that Heritage Hills and Rangewood be. included in the OWASA •`Sexvice" area (as opposed to a.ts "Interest " area) may or may not be an issue for Chapel Hill and Orange County. Both of these subdivisions have been served by OWASA for many years and both of these subdivisions are located zn the Rural Buffer. And, both of these subdivisions are subject to a 1994 OWASA connection policy, a copy of which is enclosed. 03126}'2001 15:05 9196443002 DR. CTY. PLANNII~ PAGE 26 Orange County Hoard of Commissioners Page 3 September 5, 2000 Apparently, the amount of undeveloped land that could be developed in these ~aubdxvisions is small and perhaps insignificant, The question Carrboro's resolution poses to me is whether the. text of the Agreement in some manner shov.ld "grandfather" these subdivisions as part of the OWASA Service Area or whether the map should be revised to include•them: The former maybe the most consistent with the bigger picture of including as little ae possible of the Rural Buffer in a public ----. ,._ .water and-sewer provider service area and to not create a -- ...-service area/,. -^""'°" interest area map with "satellites," Neither Chapel Hzll npr Orange County has acted on a version of the Agreement with'the non-emergency water transfer amendment approved by Hillsborough or a vers~,on of the Agreement containing the Carrboro proposed amendments. Moses. Carey has written to Mayors Waldorf and Nelson and OwASA Chairman Peter Gordan and advised them about the Hillebo~rough changes, in a letter suggesting that he and Commissioner Jacobs would r-ecommend this change to the Hoard of .County Commissioners. A copy of that letter is enclosed, I have seen no written reaction to the changes requested by Carrboro. Those changes may be material to Chapel Hi11, Prange County and oWASA as explained• above. Once agreement is reached on a final version of the Agreement, I~think it would be a good idea for it to be circulated in its final. form to each governing board for final approval, T have enclosed a version of the Agreement with revisions through Hillsborvugh•s action in Ju7.y 2000.. I have made no attempt to incorporate into the document Carrboro's requested changes. very truly yours, aLEDII~LL & HARQRAVE, P.C. fret' E G]-e ill GEG/lsg Enclosures xc: John M. Link, Jr. lag : letters \bdaf~pp:watera~y:ar . lts