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HomeMy WebLinkAboutORC agenda 110619ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH,NORTH CAROLINA 27278 AGENDA ORANGE COUNTY PLANNING BOARD NOTE MEETING LOCATION!! WEST CAMPUS OFFICE BUILDING PLANNING DEPARTMENT CONFERENCE ROOM 131 W. MARGARET LANE,2ND FLOOR HILLSBOROUGH,NORTH CAROLINA 27278 Wednesday, November 6, 2019 Ordinance Review Committee Meeting – ~7:30 pm (immediately following regular meeting) Note:This is a meeting of the Ordinance Review Committee (ORC) for Planning Board members who would like to review and comment on proposed amendments before the items are formally considered by the Planning Board. Attendance is not mandatory and a quorum is not necessary for meetings of the ORC. No.Page(s)Agenda Item 1. CALL TO ORDER 2. 2 - 14 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENTS –EROSION CONTROL PERMITS -To review and discuss proposed amendments to the UDO pertaining to the lifespan of an erosion control permit. These amendments are scheduled for Planning Board recommendation on December 4, 2019 and for BOCC public hearing on January 21, 2020. Presenter:Michael Harvey, Current Planning Supervisor 3. 15 - 22 WEST FORK ON THE ENO RESERVOIR -To begin review and discussion on proposed amendments to the UDO pertaining to the West Fork on the Eno reservoir to address concerns over reservoir setbacks. The expected timeline for the Planning Board recommendation and BOCC public hearing has not yet been determined. Presenter:Michael Harvey, Current Planning Supervisor 4. ADJOURNMENT 1 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date:November 6, 2019 Action Agenda Item No.2 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Modification of Erosion Control Standards DEPARTMENT:Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft UDO Amendment(s) – Section(s) 2.18 and 2.19 2. Erosion Control Permit Factsheet Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE:To begin review of Planning Director initiated Unified Development Ordinance (UDO) text amendments revising existing standards governing the review of erosion control projects. Specifically the amendment seeks to streamline existing language, eliminate contradictory standards, and establish a realistic expiration on erosion control plan approvals. BACKGROUND: The UDO establishes a 2-tiered approach to the review/action on erosion control project(s), namely: 1. Submittal, review, and approval of an erosion control plan (Section 2.19); 2. Issuance of a land disturbance permit (LDP) authorizing the commencement of land disturbing activities consistent with an approved erosion control plan (Section 2.18). Submittal of erosion control plans is based on proposed land disturbance activities for a given project, as detailed in Section 6.15 of the UDO, and is based on the river basin in which a property is located. Attachment 2 contains a fact sheet developed by staff outlining these thresholds for residential and non-residential projects. Erosion Control/Stormwater Management Division staff is responsible for the administration and enforcement of applicable State erosion and sedimentation control standards for the entire county, including projects within local municipalities (i.e. Carrboro, Chapel Hill, Hillsborough, and Mebane). Per the UDO there is no expiration for an approved erosion control plan. A LDP, which allows for land disturbance activities to commence consistent with this approved plan, expires 2 years from the start of development activity. Per Section 2.18.5 the LDP can be renewed, for no more than 1 year, for: ‘one half the original fee’paid for the project. For example a project disturbing 50 acres that has a LDP fee of $50,000.00 will have to pay an additional $25,000.00 to be renewed. 2 In reviewing this matter staff has the following observations: A. State law does not require local governments to issue a LDP to commence land disturbing activity. Projects approved by the State, for example, are only required to receive approval of an erosion control plan in order to commence development activity. State staff complete inspections of such projects based on that approved plan; STAFF COMMENT: The County developed the LDP process to ensure proper conditions are imposed mandating compliance with an approved erosion control plan. This has become a valuable tool for staff, especially for projects not within the County’s planning jurisdiction. B. Development projects can be delayed due to factors not in the contractors/developers control (i.e. weather, issuance of other permits such as stormwater by either the County or municipality where the project is located, delays in work addressing compliance issues in local jurisdictions, etc.) making the 2 year permit lifespan problematic; C. The expiration of an LDP should have more relationship to the applicable erosion control plan, with respect to the overall life of the project, rather than an arbitrary 2 year time period; D. Staff finds it difficult to justify a renewal fee of half the original permit cost given the fact the erosion control plan has not expired. This amendment package seeks to address several identified inconsistencies by establishing an expiration date for an approved erosion control plan rather than relying on an arbitrary date for the expiration of a LDP. Staff is recommending a 5 year lifespan for an approved erosion control plan. This will allow for adequate time for a project to be completed and allows for proper consideration of external factors that could impact development activities on a given project. Staff is also recommending cleaning up/streamlining existing language to eliminate identified inconsistencies and/or confusion. While not part of this proposed amendment package, staff is completing an analysis of existing erosion control and stormwater management fees in an effort to ensure application and permit fees are proportional to cost of services rendered. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Existing staff, included in the Departmental staffing budget, will accomplish the work required to process this amendment. RECOMMENDATION(S):The Planning Director recommends the Planning Board receive the amendment package and provide feedback to staff on the proposed amendment(s). 3 Article 2: Procedures Section 2.18: Land Disturbing Permits Orange County, North Carolina – Unified Development Ordinance Page 2-64 2.17.5 Approval Criteria (A) No application for a plat vacation shall be approved unless it complies with all applicable requirements of this Ordinance. (B) The approving entity shall not approve an application for a plat vacation if it will materially injure the rights of any non-consenting property owner or any public rights related to public improvements unless expressly agreed to by the agency with jurisdiction over such improvements. 2.17.6 Recording (A) After the new plat is approved, the plat must be recorded, within 60 days, with the Register of Deeds Office. (B) Upon the execution and recording of the new plat, the vacated plat has no effect. (C) The re-subdivision of the land covered by a plat that is vacated shall be platted in the same manner as is prescribed by this Article for an original plat. SECTION 2.18: LAND DISTURBING PERMITS 2.18.1 Generally (A) In accordance with the provisions of Section 6.15 of this Ordinance, a land disturbing permit shall be obtained from the Erosion Control Officer prior to the commencement of regulated land disturbing activity. Before starting a land-disturbing activity greater than 20,000 square feet, or greater than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds, the owner or his/her duly appointed agent shall obtain a Land Disturbing Permit from the Erosion Control Officer1. (B) Land Disturbing Permits must be obtained prior to the start of the land disturbance. 2 (B) In accordance with Section 2.19 of this Ordinance, an Erosion Control Plan shall be approved prior to the issuance of a land disturbing permit. A permit shall not be issued unless and until an erosion control plan has been submitted approved by the Erosion Control Officer in accordance with this Ordinance. 3 (C) Every permit issued by the Erosion Control Officer shall expressly prohibit open burning of trees, limbs, stumps and construction debris associated with the permitted activity. 4 (D) If a developer, corporation, private landowner or other person proposes to perform construction/filling activities in or near a lake, stream, creek, tributary or any unnamed body of water and its adjacent wetlands, Federal permit authorization may be required by the U.S. Army Corps of Engineers prior to commencement of earth disturbing activities. (1) Filling activities include, but are not limited to, construction of road crossings, sewer or utility line installations, grading, placement of spoil from ditching or other excavations, or placement of fill for commercial or residential development. (2) A wetlands determination and specific permit requirements may be obtained from the Raleigh Field Office of the U.S. Army Corps of Engineers.5 1ThedisturbancethresholdsaredetailedinSection(s)6.15.5and6.15.6respectively.Thereisnoreasontorepeat themthroughouttheUDO.Bydoingso,everytimeyouamendsaiddisturbancethresholdsyouarehavingto amendmultiplesectionsofthedocument. 2ThislanguageisnowcontainedinSection2.18.1(A)anddoesnotneedtoberepeated. 3MovedfromSection2.18.2(B)withadditionalreferencestotheappropriatesectionoftheUDO. 4Staffisstillreviewingtheneedforthisstatement.Ifadisturbancepermitisrequiredtohaveanapproved erosioncontrolplan,andallsuchplanshastodemonstratecompliancewithSection6.15,thisprovisionisalready coveredmultipletimesanddoesnotneedtoberepeated. 5StaffisattemptingtoascertainifthisprovisionneedstobeinSection2.19ratherthanwherecurrentlylocated. Formatte 4Attachment 1 Article 2: Procedures Section 2.18: Land Disturbing Permits Orange County, North Carolina – Unified Development Ordinance Page 2-65 2.18.2 Application Requirements (A) An application for a Land Disturbing PermitApplications shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) Erosion Control Plans must be approved prior to issuance of a Land Disturbing Permit.6 2.18.3 Exemptions No permit is required for the following activities: (A) For the purpose of fighting fires. (B) For the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage. (C) For disturbances that do not exceed 20,000 square feet in surface area, or 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno WatershedsLand disturbing activities that do not exceed established land disturbance thresholds as detailed in Section 6.15 of this Ordinance. In determining the area, lands under one or diverse ownership being developed as a unit shall be aggregated. 2.18.4 Erosion Control Plan Required An Erosion Control Plan must be submitted to the Erosion Control Officer when the proposed land disturbance is greater than 20,000 square feet, or greater than 10,000 square feet if within the University Lake, Cane Creek, or Upper Eno Watersheds.7 2.18.52.18.4 Expiration of Land Disturbing Permits (A) Erosion Control Plan The Erosion Control Officer may establish an expiration date for Erosion Control Plans approved under this Ordinance. Erosion Control Plan Approvals expire 18 months after the approval date unless the land disturbance is started as defined in (C) below. 8 (B) Land Disturbing Permits (1) A Land Disturbing Permit must be obtained before beginning the disturbance and may be obtained at any time as long as the Erosion Control Plan Approval is valid. 9 (2) Land Disturbing Permits expire with consistent with the expiration of the previously approved Erosion Control Plan Approval unless the disturbance has begun. Once the disturbance begins, a Land Disturbing Permit is valid for a period of two years starting with the commencement of the disturbance, as defined in (C) below.10 (3) The Land Disturbing Permit must be renewed if the disturbance continues more than two years. The renewal fee is one half the original fee and the permit is valid for one year. 6MovedtoSection2.18.1ofthisOrdinance. 7ThisisanattempttostreamlinetheUDO.IftheUDOreferencestheneedforanerosioncontrolplan,thenwedo notneedtorepeatthisrequirement3timesinSection2.18. 8Section2.18isintendedtoaddresslanddisturbingpermits.Section2.19addresseserosioncontrolregulations. ThissectiondoesnotbelonginSection2.18.SuchlanguagebelongsinSection2.19. 9AlreadyaddressedinSection2.18.1anddoesnotneedtoberepeated. 10Alanddisturbancepermitisintendedtobethetoolutilizedtoimplementanapprovederosioncontrolplan.If weestablishthattheapprovedplanhasaspecific‘shelflife’thepermitdoesnotneedaseparatetimeframe.This hascausedconfusionforstaffandapplicants. Formatte numbering 5 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-66 (C) Start of Activity For the purpose of determining the expiration date of the Erosion Control Plan Approval and Land Disturbing Permit, the land-disturbing activity is considered to have started when the pre-construction conference has been held, the necessary erosion control practices have been properly installed, and the site clearing or grading has begun. 11 SECTION 2.19: SOIL EROSION AND SEDIMENTATION CONTROL PLANS 2.19.1 Generally An Erosion Control Plan shall be prepared required for all land-disturbing activities subject to the provisions of this Ordinance whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet, if more than 20,000 square feet are to be uncovered. 2.19.2 Application Requirements (A) An application for approval of an Erosion Control Plan shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (B) Three physical copies and one electronic copy of the Erosion Control Plan shall be filed with the Erosion Control Officer. (1) The Erosion Control Officer shall forward one copy of the Erosion Control Plan to the Orange Soil and Water Conservation District at least 30 days prior to the commencement of the proposed activity. (C)(2) The Erosion Control Officer shall forward one copy of the Erosion Control Plan to the Director of the NC Division of Water Quality for any land disturbing activity that involves the utilization of ditches for the purpose of de-watering or lowering the water table.12, 13 2.19.3 Components of Complete Erosion Control Plan (A) Generally In order to be considered complete, a plan submitted for approval must contain the proposed Erosion Control Plan, the completed application, the statement of financial responsibility and ownership, and the required plan review fee. The 30-day review period begins when all of the components of the complete plan are received. (B) Plan Content (1) The plan required by this section shall contain such architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as are needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. (2) The plan shall comply with all applicable State and local regulations for erosion and sediment control. (3) Plan content may vary to meet the needs of specific site requirements.14 (C) Review of Other Environmental Documents 11SimilarlanguagemovedtoSection2.19. 12Changerecommendedforformatconsistencyonly. 13These2sectionsarenotreallyapplicationrequirements.Staffisreviewingtheneedtomovethemtoamore appropriatesection. 14Staffbelievesthislanguageneedstobeeliminated.WehavespecificstandardscontainedinSection6.15that havetobeadheredto.Staffdoesnothavetheadministrativeauthorityto‘waive’therequirementsoftheUDO. Formatte Formatte Formatte 6 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-67 (1) Any plan submitted for a land-disturbing activity for which an environmental document (either an assessment or impact statement) is required by the North Carolina Environmental Policy Act (G.S. 113A-1, et seq.) or the provisions of this Ordinance, 15shall be deemed incomplete until a complete environmental document is available for review. (2) The Erosion Control Officer shall promptly notify the person submitting the plan that the 30-day review period of the plan pursuant to Section 2.19.5 of this Ordinance shall not begin until a complete environmental document is available for review. (3) The approval of the Erosion Control Plan is conditioned on the applicant’s compliance with Federal and State Water Quality laws, regulations, and rules. (D) Financial Responsibility and Ownership (1) Plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his attorney-in- fact. (2) The statement shall include the mailing and street addresses of the principal place of business of: (1) the person financially responsible, (2) the owner of the land, and (3) any registered agents. (3) If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or non-compliance with the plan, the North Carolina Sedimentation Pollution Control Act of 1973, this Ordinance or rules or orders adopted or issued pursuant to this Ordinance. (4) If the applicant is not the owner of the land to be disturbed, the draft Erosion Control Plan must include the owner’s written consent for the applicant to submit a draft Erosion Control Plan and to conduct the anticipated land-disturbing activity. 2.19.4 Review by the Soil & Water Conservation District 16 (A) The Orange Soil and Water Conservation District shall review the Erosion Control Plan and submit any comments and recommendations to the Erosion Control Officer within 20 days after the Soil and Water Conservation District received the Erosion Control Plan., or within any shorter period of time as may be agreed upon by the District and the Erosion Control Officer. 17 (B) Failure of the District to submit its comments and recommendations to the Erosion Control Officer within 20 days or any agreed- upon shorter period of time shall not delay final action on the Erosion Control Plan. 2.19.5 Review and Response to Erosion Control Plans (A) The Erosion Control Officer shall review each complete Erosion Control Plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been: (1) Approved, (2) Approved with modifications, 15TheUDOcontainsrequirementsforthecompletionofenvironmentalassessmentsandimpactstatementsas well(seeSection6.16).Thisneedstobereferencedwithinthissectionaswell. 16Thisiswherestaffisconsideringmovingexisting,highlighted,languagefromSection2.19.2. 17Superfluouslanguagebeingeliminated. 7 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-68 (3) Approved with conditions, (4) Approved with performance reservations, (4)(5) Notification of deficiencies, or (5)(6) DisapprovedDenied. (B) Examples of conditions of approval are, but not limited to: (1) Channel stabilization must be successful or another type of lining must be used; (2) Delineating certain areas to be graded and stabilized within a specified number of days to reduce the potential for erosion and protect critical areas; (3) Providing a performance security to provide permanent ground cover; and/or (4) Requiring the person financially responsible to retain the services of a professional engineer or architect to supervise implementation of the approved Erosion Control Plan. (C) Disapproval of a plan must specifically state in writing the reasons for disapproval. 2.19.6 Timeframe for Review of Erosion Control Plan An complete Erosion Control Plan shall be deemed approved if the Failure Erosion Control Officer fails to take action, consistent with Section 2.19.5 of this Ordinance, to approve, approve with conditions, approve with modifications or disapprove a complete Erosion Control Plan within 30 days of receipt of the complete plan shall be deemed approval. 2.19.7 Required Revisions (A) If, following commencement of a land-disturbing activity pursuant to an approved plan, the Erosion Control Officer determines that the plan is inadequate to meet the requirements of the soil erosion and sedimentation provisions of this Ordinance, the Erosion Control Officer may require any revision of the plan that is necessary to comply with the soil erosion and sedimentation provisions of this Ordinance. (B) After approving an Erosion Control Plan, if the Erosion Control Officer, either upon review of such Plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Erosion Control Officer shall require a revised Plan. (C) Pending the preparation and approval of a revised Erosion Control Plan, work shall cease or shall continue under conditions outlined by the Erosion Control Officer. 2.19.8 Timeframe for Review of Revised Erosion Control Plan Failure to approve, approve with conditions, approve with modifications, or disapprove deny a revised Erosion Control Plan within 15 days of receipt shall be deemed approval of the plan. 2.19.9 Timeframe for Response to Review Comments (A) If the person or firm submitting an Erosion Control Plan fails to respond to comments or correspondence from the Erosion Control Officer with either revised plans or written correspondence within 90 days, the Erosion Control Officer shall assume that the application for plan approval has been abandonedshall be deemed withdrawn. (B) The Erosion Control Officer shall give written warning via certified mail thirty days before expiration in writing to the person or firm submitting the plan before terminating the review. (C) In accordance with Section 2.2, Erosion Control Plan review fees are not refundable. Formatte 8 Article 2: Procedures Section 2.19: Soil Erosion and Sedimentation Control Plans Orange County, North Carolina – Unified Development Ordinance Page 2-69 2.19.10 Erosion Control Plan Expiration (A) An approved Erosion Control Plan shall become null and void after 18 months from the date of approval land disturbing activities are not commenced in accordance with the provisions of this subsection. (B) Once a land disturbing activities have commenced, an approved Erosion Control Plan shall be valid for 5 years from the commencement of earth disturbing activities. (C) For the purpose of this subsection, the commencement of earth disturbing activities is considered to have commenced when a land disturbance permit has been issued, the pre-construction conference has been held, the necessary erosion control practices have been properly installed, and actual disturbance activities have commenced. 2.19.102.19.11 Erosion Control Plan Amendments (A) Application for amendment of an Erosion Control Plan in written and/or graphic form may be made at any time under the same conditions as the original application. (B) Until such time as said amendment is approved by the Erosion Control Officer, the land- disturbing activities shall not proceed except in accordance with the Erosion Control Plan as originally approved. (C) The provisions of subsection 2.19.7 (B) and (C) shall also apply to amended Erosion Control Plans. 2.19.112.19.12 Consideration of Applicant’s Past Performance (A) The Erosion Control Officer may disapprove an Erosion Control Plan upon a finding that an applicant, or a parent company, subsidiary, or other affiliate of the applicant: (1) Is conducting or has conducted land-disturbing activity without an approved Erosion Control Plan, or has received notice of violation of an Erosion Control Plan previously approved by the North Carolina Sedimentation Control Commission or a local government pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 and has not complied with the notice within the time specified in the notice; (2) Has failed to pay a civil penalty assessed pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 or a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973 by the time the payment is due; (3) Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local ordinance adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973; or (4) Has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the North Carolina Sedimentation Pollution Control Act of 1973. (B) For purposes of this subsection (2.19.11) an applicant's record may be considered for only the two years prior to the application date. (C) The Erosion Control Officer shall notify the applicant and the State’s Director of the Division of Land Resources of a disapproval issued under the provisions of this subsection within 10 days. The notification shall be in writing and shall include the specific reasons the Erosion Control Plan was disapproved. 2.19.122.19.13 Erosion Control Plan Available of Site A copy of the approved Erosion Control Plan and any amendments and required revisions shall be kept on the job site at all times. Formatte Formatte Formatte Formatte Formatte Formatte 9 Article 2: Procedures Section 2.20: Stream Buffers –Use Authorization Certificate Orange County, North Carolina – Unified Development Ordinance Page 2-70 2.19.132.19.14 Notice of Activity Initiation No person may initiate a land-disturbing activity before notifying the Erosion Control Officer of the date that land-disturbing activity will begin. 2.19.142.19.15 Preconstruction Conference When deemed necessary by the Erosion Control Officer a preconstruction conference may be required. SECTION 2.20: STREAM BUFFERS –USE AUTHORIZATION CERTIFICATE 2.20.1 Use Authorization Certificate (A) Application Requirements (1) An application for a Use Authorization Certificate shall be filed with the Erosion Control Officer on forms provided by the Planning Department. (2) Complete applications shall include the following: (a) The name, address and phone number of the applicant; (b) The nature of the activity to be conducted by the applicant; (c) The location of the activity, including the jurisdiction; (d) A map of sufficient detail to accurately delineate the boundaries of the land to be utilized in carrying out the activity, the location and dimensions of any disturbance in riparian buffers associated with the activity, and the extent of riparian buffers on the land; (e) An explanation of why this plan for the activity cannot be practically accomplished, reduced or reconfigured to better minimize disturbance to the riparian buffer, preserve aquatic life and habitat and protect water quality; and (f) Plans for any best management practices proposed to be used to control the impacts associated with the activity. (B) Timeframe for Review (1) All requests shall be reviewed by the Erosion Control Officer and either approved or denied within 60 days of receipt of a complete application. (2) Failure to issue an approval or denial within 60 days shall constitute that the applicant has demonstrated “no practical alternatives.” (3) The Erosion Control Officer may attach conditions to the Authorization Certificate that support the purpose, spirit and intent of the riparian buffer protection program. (C) Disputes Any disputes over determinations regarding Authorization Certificates shall be referred to the Division of Water Quality of the North Carolina Department of Environment and Natural Resources for a decision. SECTION 2.21: STORMWATER MANAGEMENT 2.21.1 Stormwater Management Plan (A) Application Requirements (1) An application for approval of a Stormwater Management Plan shall be filed with the Erosion Control Officer on forms provided by the Planning Department. 10  Updated 05/01/19 FAQ Page 1 of 2 Erosion Control & Stormwater Requirements For Land Disturbing Activities FAQ’s 1. Is single-family residential exempt from Erosion Control & Stormwater requirements? • No. The Unified Development Ordinance considers both residential and commercial projects as land disturbance. 2. Are there any exemptions from Erosion Control & Stormwater requirements? • Current exemptions for land disturbance come from the Sedimentation Pollution Control Act of 1973 and are outlined below. If you believe you qualify for such an exemption, we ask that you complete an Orange County Sworn Declaration of Exemption for Land Disturbing Activity Pursuant to NCGS 113A-52.01. This will be saved to the Parcel Manager module of our Land Management Central Permitting System and available to all with access to ascertain the nature of your land disturbing activities. This will help minimize our efforts in responding to any related inquiries, including observations by Orange County staff. • Please note that, if there is a residential development component to the land disturbing activity, land disturbance related to the residential development is not exempt and will be subject to Land Disturbing Permit requirements. • Exempt land disturbing activities include… (1) Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including: a) Forages and sod crops, grains and feed crops, tobacco, cotton, and peanuts. b) Dairy animals and dairy products. c) Poultry and poultry products. d) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules, and goats. e) Bees and apiary products. f) Fur producing animals. g) Mulch, ornamental plants, and other horticultural products. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of such substances. 11 Attachment 2  Updated 05/01/19 FAQ Page 2 of 2 (2) Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. (3) Activities for which a permit is required under the Mining Act of 1971, Article 7 of Chapter 74 of the General Statutes. (4) For the duration of an emergency, activities essential to protect human life, including activities specified in an executive order issued under G.S. 166A- 19.30(a)(5). (5) Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean Water Act. (6) Activities undertaken pursuant to Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7 Code of Federal Regulations § 12.2 (January 1, 2014 Edition). (1993 (Reg. Sess., 1994), c. 776, s. 2; 1997- 84, s. 1; 2014-100, s. 14.7(k); 2015- 263, s. 19; 2016-113, s. 14.) 3. How much can I clear or grade without requiring an Erosion Control Plan, Land Disturbing Permit, and/or a Stormwater Management Plan? • The following watershed matrix outlines land disturbance thresholds for erosion control, stormwater, and nutrient exports for each watershed in the County. • Special conditions apply in the following watersheds: † University Lake Watershed / University Lake Critical Area † Cane Creek Watershed / Cane Creek Critical Area † Upper Eno Watershed / Upper Eno Critical Area The Board of County Commissioners requires Staff to review any proposed disturbance in the above noted watersheds due to the proximity of these areas to surface waters. As long as the project is less than the 10,000 square feet erosion control threshold, no additional plans need to be submitted. The building permit application will be evaluated and if no issues are noted, a Waiver will be issued for the project at no cost. The applicant will be required to sign the Waiver, acknowledging the conditions set forth therein. 4. Who should I contact if I have further questions concerning Erosion Control & Stormwater requirements in Orange County? ¾ In the Upper Neuse River Basin or the Roanoke River Basin, call Wesley Poole (919) 245-2587. ¾ In the Cape Fear River Basin, call Steve Kaltenbach (919) 245-2588. 12 When do I need an erosion control plan, land disturbing permit and/or a stormwater management plan? ^͗ͰϱͺƌŽƐŝŽŶŽŶƚƌŽůĂŶĚtĂƚĞƌYƵĂůŝƚLJͰtĞďƐŝƚĞͰKͲtĂƚĞƌƐŚĞĚͲͲ^tͲEƵƚƌŝĞŶƚDĂƚƌŝdžϮϬϭϵ͘ĚŽĐdž hƉĚĂƚĞĚϬϰͬϮϵͬϭϵ When proposed land disturbance exceeds thresholds listed below. WATERSHED EROSION CONTROL (OC UDO) STORMWATER (15A NCAC 02B .0265 Jordan Rules; 15A NCAC 02B .0277 Falls Rules) NUTRIENTS Other SFH / Duplex or Recreational N P CAPE FEAR Haw River Arm Back Creek 20,000 21,780 43,560 3.8 1.43 Haw Creek 20,000 21,780 43,560 3.8 1.43 Cane Creek *10,000 21,780 43,560 3.8 1.43 Cane Creek Critical Area *10,000 21,780 43,560 3.8 1.43 Haw River (protected) 20,000 21,780 43,560 3.8 1.43 Haw River (unprotected) 20,000 21,780 43,560 3.8 1.43 U New Hope Arm Jordan Lake (unprotected) 20,000 21,780 43,560 2.2 0.82 Jordan Lake (protected) 20,000 21,780 43,560 2.2 0.82 University Lake *10,000 21,780 43,560 2.2 0.82 University Lake Critical Area *10,000 21,780 43,560 2.2 0.82 NEUSE Falls Lake Flat River 20,000 12,000 21,780 2.2 0.33 Little River 20,000 12,000 21,780 2.2 0.33 Upper Eno *10,000 12,000 21,780 2.2 0.33 Upper Eno Critical Area *10,000 12,000 21,780 2.2 0.33 Lower Eno (unprotected) 20,000 12,000 21,780 2.2 0.33 Lower Eno (protected) 20,000 12,000 21,780 2.2 0.33 ROANOKE Hyco Creek 20,000 NA NA NA NA South Hyco Creek 20,000 43,560 43,560 NA NA Notes: 1. Thresholds are listed in square feet 2. If part of common plan of development and below above thresholds, please consult NCDEQ for NCG010000 process. 3. Nutrients listed in pounds/acre/year 4. 43,560 square feet = 1 acre 5. Also be aware your site plan may be constrained by riparian buffer requirements and impervious limitations, in addition to typical zoning setback requirements. 6. Jordan Lake nutrient export regulations not currently enforced. *Waiver required 13 ?k ?ª ?ª Aæ ?r I§ I§ K© !"c$!"_$ !"_$ !"c$ ?o Ir Ir KÊ Roanoke River Basin Neuse River Basin Cape Fear River Basin Hyco Creek South Hyco Creek Flat River Little River Upper Eno Back Creek Haw Creek Lower Eno (unprotected)Lower Eno (protected) Cane Creek Jordan Lake (unprotected) Jordan Lake (protected) University LakeHaw River (unprotected) Haw River (protected) Upper Eno Critical Area Cane Creek Critical Area University Lake Critical Area Te xt West Fork on the Eno Reservoir NPE 643' Lake Orange NPE 615' Cane Creek Reservoir NPE 500' University Lake NPE 349' Seven Mile Creek NPE 581' Lake Ben Johnston NPE 515' Corporation Lake NPE 538'BRADS H A W Q U ARRY R D OLD GRE E N S BORO R D O R A N G E G R O V E RDS TM A R Y S R D ERWINRDM T S I N A I RD L I T T LE RIVER CHURCH RD W C A ME R O N A V EW FRAN K LI N S T E S T E SDRBUTLERRDBUCKHORNRDDAIRYLANDRD HOMESTEAD RD OAKDAL E D R DAMAS C US C H U RCHRDW CORN W A LLISRD LEBANON RD OLD DURHAM RDMILLCREEKRDHARMONY CHURCHRD WESTHIL L AVENRALEIGH RD LITTLE R I V E R C H U R C H R D W MAI N S T EFRANKLINSTT E R R YRD W TRYON ST WALNUTGROVECHURCHRDGRAYRD OLD NC 10 W WEAVER ST PEARSON R D SO U T H R DODETURNERR D HAR MONYCHURCHRD N ESTESD RNEWHOPECHURCHRD BREEZE RD W EST TEN RD WEAVER DAIRY RDM IL L E R RDI85US70CONNECTORS C H L E YRD S COLUMBIA STEBENEZER CHURCH RD JO N ESFE R R Y R D UNIVERSITYSTATIONRDM A N NING D RMC D A DE STORERD FERGUSONRD E TRYON ST C A R R S T O R E R D DIMMOCKSMILLRDDODSONSXRDSB O W M A N R D COL E M ILL R DBORLA N DRD H A R M ON Y C H U R C H R D HATCHRDCARLDU RHAMRDWEAVER DAIRY R D SESTESDR RALEIGH R D ARTHUR MINNIS R D LAWS STORE RD MT WILLING RD B ORL ANDRDFRAZIERRDE B E N E Z E R C H U R C H RDWHITFIE LD RDMATTRESS FACTORY RDO L D H I L L S B O R O U G H R D KENION RD ALLISON STDA VISRDOLDFAYETTEVILLERDBALDWINRDS A W M IL L RD H I G HL ANDF AR MR D BACON RDCAVINESSJORDANRDSA WYERRDFOR D H A M BLVDIRA RDOLDFAYETTEVILLERDBILL P O OLERDMCKEE RD E U B A N K S RD MCBROOMR D MTZI ONCHURCHRD O R M O N D RD HOLLY RID GE RDG O V E R N O R S COTTRDBACON RD TE ER R D OLIN RD PENECOSTRDKI GER RD Y A R BO R O U G HRDHESTER RDBUSH Y C O O K R D NICKSRDW ILDCATCREEKRDVERNONRDCLAIBORNE S R D STANFORD R D WILKERSONRDOLDNC86OLDNC86PLEASANTGREENRDPLEASANTGREENRDFAUCETTEMILLRD HIL L S BORO U G H RDHURDLEMILLSRDMTHERMONCHURCHRDH U NTRDSGREENSBOROSTCRAWFORDDAIRYRDM TW IL L IN G R D LAWRENCERDN NASH STSMITHLEVELRDEFLANDCEDARGROVERDSCHURTONSTSADDLECLUBRDN E W S H A R O N C H URCHRD NEVILLE RDOAKGR O V E C H U R C H RDC HESTNUTRIDGECHURCHRDE N O MOU N T A I N R D WEAVER DAIRY RDTURKEYFAR M RDMEBANEOAKSRDBOWDENRD MARYHALLRDCOLE MA NLOO P RO G E R S RDWHITECROSSRDKERLEYRDF RA NKPERRYRD BROOKHOLLOWRDHA W K INS RD MARY HALL RDMEBANEOAKSRDALLIS ONRDCORBETTR I D G E R D B R O W N RD WADEL OOPCOLLINSMOUNTAINRDCOMPTONRDATKINSRDOrange County Watersheds 01234 Miles 1 inch = 2.75 miles Orange County Planning & Inspections Department GIS map prepared by Brian Carson Projection: State Plane Datum: North American 1983 Watersheds/Critical Areas/Basins Data: November, 2005 Revision Note: This watershed map replaces previous versions. Reference: Orange County Zoning Ordinance UECA revision adopted June 1, 2010 · 4/13/2015 Legend Water Supply Watersheds: Protected Unprotected Critical River Basin Boundary Watersheds Streams Municipal Jurisdiction 14 ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date:November 6, 2019 Action Agenda Item No.3 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Modification of Regulations Associated with Reservoir Setbacks DEPARTMENT:Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft UDO Amendment(s) – Section 4.2.2 2. Aerial Photo of the West Fork on the Eno Reservoir Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE:To begin review of Planning Director initiated Unified Development Ordinance (UDO) text amendments revising existing guidelines associated with the enforcement of reservoir setbacks. Specifically the amendment seeks to formally establish the effective date for the expansion of the West Fork on the Eno reservoir when determining required reservoir setbacks. BACKGROUND: Section 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts of the UDO establishes a 150 ft. wide setback around reservoirs. This area is intended to be left in an undeveloped state. Section 4.2.2, specifically subsections (F) through (I), of the UDO establishes the applicability of the various County watershed protection standards. These sections establish the criteria utilized by staff defining those properties (developed and undeveloped) considered to be ‘grandfathered’ and outlines what standards they are allowed to adhere to with respect to demonstrating compliance with applicable buffer (i.e. stream and reservoir) standards. In the 1990’s The Town of Hillsborough began the necessary permitting processes at the State level to expand its existing reservoir, specifically the West Fork on the Eno, within the Cedar Grove Township of the county. This work has been broken down into 2 phases, with Phase 1 including the Town purchasing property to begin the process of expanding the actual reservoir. At the writing of this memorandum the anticipated normal pool elevation of the expanded reservoir will be 643.9 ft. Attachment 2 contains a map of the existing reservoir boundary based on 2017 aerial photographic data. Phase 2 of the project will involve the actual clearing of property and expanding the existing ‘normal pool’ elevation of the reservoir. The Town has begun portions of Phase 2 of the project by increasing the elevation of the dam. Clearing/grading of property to accommodate the additional water storage will not commence until work on the dam is completed. 15 While the Town purchased sufficient property to accommodate the approved expansion of the actual reservoir, the required reservoir setback will still potentially impact adjacent parcels of property. Property owners along the waterbody have expressed concern the UDO does not specifically reference the expansion of the reservoir thereby making their properties potentially non-conforming to applicable watershed management regulations (i.e. the required reservoir setback). In an effort to address this concern staff is proposing a text amendment to reference the expansion of the West Fork on the Eno, from the date the Town began legally securing property to allow for the approved expansion, in terms of defining what constitutes existing development. Specifically, this is February 11, 1997 (i.e. the date plats were recorded within the Orange County Registrar of Deeds Office denoting the Town’s purchase of property along the West Fork of the Eno allowing for the expansion of the reservoir). Property owners are still required to abide by the applicable reservoir setback per Section 6.13.4 but will have greater latitude in demonstrating compliance with applicable standards. Please note this amendment will not necessarily allow for additional development of structures closer to the actual reservoir. It will, however, recognize the conforming status of existing development and not arbitrarily make same non-conforming. FINANCIAL IMPACT: Consideration and approval will not create the need for additional funding for the provision of County services. Existing staff, included in the Departmental staffing budget, will accomplish the work required to process this amendment. RECOMMENDATION(S):The Planning Director recommends the Planning Board receive the amendment package and provide feedback to staff on the proposed amendment(s). 16 Orange County, North Carolina – Unified Development Ordinance Page 4-1 ARTICLE 4: OVERLAY ZONING DISTRICTS SECTION 4.1: GENERALLY 4.1.1 Description, Standards, and Conflicts (A) Overlay districts are supplemental to general zoning district classifications and are applied in combination to address special situations or to accomplish specific planning and land use goals. (B) Unless otherwise expressly stated, all applicable regulations of the underlying district apply to property in an overlay district. (C) Unless otherwise stated, all applicable standards of this Ordinance apply to property in an overlay district. (D) When overlay district standards conflict with standards that otherwise apply in the underlying district, the regulations of the overlay district always govern. SECTION 4.2: WATERSHED PROTECTION 4.2.1 Purpose and Intent (A) The purpose of the Watershed Protection Overlay Districts is to prevent significant future water quality deterioration in existing or potential future drinking water reservoirs which receive stormwater runoff from land within Orange County. (1) Protection of all water supplies within the State in accordance with minimum standards was mandated by NCGS §143-214.5. (2) The quality of water in drinking water reservoirs can be affected by human activities including farming, construction of highways and roads, subdivision development, industrial development, and other land-disturbing activities. Types of water pollutants resulting from these activities include sediment, bacterial contamination, heavy metals, synthetic organic compounds and low-level radioactivity. (B) The intent of the Watershed Protection Overlay Districts is to apply a set of regulations involving land use and, in some cases, structural best management practices which protect the watersheds by reducing the pollution from future development which enters drinking water supplies. (1) Land use management practices involve minimum lot size and impervious surface restrictions, since impervious surfaces such as roads, roof tops and driveways are a major source of pollution. (2) Structural best management practices allow for more intensive land use by providing for temporary detention of stormwater runoff so that pollutants may settle. 4.2.2 Applicability (A) The Watershed Protection Overlay Districts as established herein overlay other zoning districts established in this Ordinance. The new use of any land or new structure within any Watershed Protection Overlay District shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the applicable Watershed Protection Overlay District. (B) A Watershed Protection Overlay District shall be applied to the Orange County portion of watersheds which have been classified as WS-II, WS-III or WS-IV watersheds by the North Carolina Environmental Management Commission in its implementation of NCGS 17Attachment 1 Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-2 §143-214.5. In accordance with the State Mandate, 13 Watershed Protection District Overlays, as listed in the table in subsection (D), are hereby established. (C) Areas designated as “Critical Area” under the Orange County designation are hereby established using the following criteria: (1) The land area in the Upper Eno watershed (straight line distance) within one-half mile of the normal pool elevation (NPE), or nearest available contour line used for the calculation, of an existing Class I or Class II reservoir or proposed water supply reservoir designated for protection, or the ridgeline of the sub-watershed, whichever is less; and (2) The land area within one-half mile on each side for an upstream distance of 2.5 miles (straight line distance) of any fifth order or higher stream flowing into a Class I reservoir, or the ridgeline of the sub-watershed, whichever is less; and (3) The land area within one-half mile on each side of a fourth order or higher stream flowing between any Class II and Class I reservoir; and (4) The land area within one-half mile on each side for an upstream distance of 1.5 miles (straight line distance) of a third or fourth order stream flowing directly into any Class I reservoir; and (5) The land area within one-half mile on each side for an upstream distance of 1.0 mile (straight line distance) of a third or fourth order stream flowing into a fourth order or higher stream that is within 1.0 miles (straight line distance) of a Class I reservoir; and (6) Any isolated areas within the overall critical area boundary that drain into any of the streams listed above. (7) Areas designated as Transition Areas on the Land Use Element Map of the Orange County Comprehensive Plan are excluded from designation as a Critical Area, except for land areas located within one-half mile from the normal pool elevation of a Class I reservoir. (8) The land area north of the centerline of West Ten Road and west of the centerline of the Interstate 85/U.S. 70 Connector is excluded from designation as a Critical Area, except for land areas located within one-half mile from the normal pool elevation of a Class I reservoir. (D) The designation of “Protected” applies to areas of watersheds classified as WS-II, WSIII, or WS-IV outside of areas designated as “Critical Area.” (E) General Locations of Watershed Protection Overlay Districts TABLE 4.2.2.E: WATERSHED PROTECTION OVERLAY DISTRICTS DISTRICT GENERAL LOCATION UNIV-CA University Lake Critical Area One-half mile from the normal pool elevation of University Lake, or to the ridgeline of the watershed, whichever is less. UNIV-PW University Lake Protected Watershed Overlay District The portion of the drainage basin of University Lake not covered by UNIV-CA. CANE-CA Cane Creek Critical Area Overlay District One-half mile from the normal pool elevation of Cane Creek Reservoir, or to the ridgeline of the watershed, whichever is less. CANE-PW Cane Creek Protected Watershed Overlay District The portion of the drainage basin of Cane Creek Reservoir not covered by CANE-CA. U-ENO-CA Upper Eno Critical Area Overlay District One-half mile from the normal pool elevation, or to the ridgeline of the watershed, whichever is less, of the following Class I reservoirs: Corporation Lake (538’ actual NPE, 540’ contour line used) and Lake Ben Johnson (515’ NPE and contour line used). One-half mile (straight line measurement) from the normal pool elevation, or to the ridgeline of the watershed, whichever is less, of the following Class II 18 Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-3 TABLE 4.2.2.E: WATERSHED PROTECTION OVERLAY DISTRICTS DISTRICT GENERAL LOCATION reservoirs: Lake Orange (615’ NPE and contour line used) and West Fork on the Eno (643’ NPE, 640’ contour line used)1; and the land area within one-half mile (straight line measurement) on each side of other streams designated for protection. These protected streams include portions of: Eno River, Seven Mile Creek, West Fork of the Eno River, East Fork of the Eno River, Rocky Run, Stream ID 1625, Stream ID 1498, Dry Run Creek, Crabtree Creek, and Stream ID 2109. (Source of elevation data: Atlantic Technologies Ltd., 1998 planimetric project approved by Orange County GIS). U-ENO-PW Upper Eno Protected Watershed Overlay The portion of the Upper Eno drainage basin not covered by U-ENO- CA. L-ENO-PW Lower Eno Protected Watershed Overly The Orange County portion of the Eno River Watershed within ten miles of the City of Durham Emergency Water Intake east of US 501 (Roxboro Road). LITTLE-PW Little River Protected Watershed Overlay District The portion of drainage basin of the Little River Reservoir which is located in Orange County. BACK-PW Back Creek Protected Watershed Overlay District The portion of the drainage basin of Back Creek which is located in Orange County. HYCO-PW South Hyco Creek Protected Watershed Overlay District The portion of the drainage basin of South Hyco Creek which is located in Orange County. FLAT-PW Flat River Protected Watershed Overlay District The portion of the drainage basin of the Flat River which is located in Orange County. HAW-PW Haw River Protected Watershed Overlay District The portion of the drainage basin for the Haw River which is located in Orange County JORDAN-PW Jordan Lake Protected Watershed Overlay District The Orange County portion of the Jordan Lake Watershed which extends five miles from the normal pool elevation of the impoundment. (F) Existing Development The following residential or non-residential structures shall be considered existing development for the purpose of determining compliance with or applicability of Sections 4.2 and 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3): (1) Was either constructed prior to, or constructed in accordance with a valid building permit issued prior to, or was included as part of a Site Specific Development Plan approved by the Board of County Commissioners prior to January 1, 1994; or (2) Was either constructed prior to, or constructed in accordance with a valid building permit issued prior to, or was included as part of a Site Specific Development Plan approved by the Board of County Commissioners prior to February 11, 1997 with respect to the Town of Hillsborough purchase of property associated with expanding the West Fork of the Eno reservoir; or (2)(3) Was either constructed prior to, or constructed in accordance with a valid building permit issued prior to, or was included as part of a Site Specific Development Plan approved by the Board of County Commissioners prior to October 19, 1999 with respect to the October 19, 1999 amendments related to the CANE-CA and CANE-PW districts, or 1TheUDOmakesproperreferencetotheapprovednormalpoolelevationoftheexpandedreservoir. Formatted: (none) 19 Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-4 (3)(4) Was either constructed prior to, or constructed in accordance with a valid building permit issued prior to, or was included as part of a Site Specific Development Plan approved by the Board of County Commissioners prior to September 19, 2001 with respect to the Stream Buffer/Usable Lot amendments, or (4)(5) Was either constructed prior to, or constructed in accordance with a valid building permit issued prior to, or was included as part of a Site Specific Development Plan approved by the Board of County Commissioners prior to May 20, 2003 with respect to the Stream Classification Amendments, or (5)(6) Had otherwise established a vested right under North Carolina Zoning law prior to January 1, 1994, or October 19, 1999 with respect to the October 19, 1999 amendments related to the CANE-CA and CANE-PW districts, or September 19, 2001 with respect to the Stream Buffer/Usable Lot amendments, or May 20, 2003 with respect to the Stream Classification Amendments. (G) Existing development is hereby deemed to be conforming with respect to requirements of Sections 4.2, 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3) of this Ordinance. Periodic updates to FEMA maps may affect structures located within the special flood hazard area of specific streams. (H) Redevelopment (1) The rebuilding or replacement of residential or nonresidential structures which are defined as existing development according to subsection (F) above is allowed, provided that the rebuilding or replacement does not result in an increase in the amount of impervious surface, and does not encroach any farther into stream buffers or setbacks from reservoirs than the previous development. (2) A structure which is rebuilt or replaced in accordance with these provisions is deemed conforming with respect to setbacks from streams and reservoirs required by Section 6.13 of this Ordinance. (I) Existing Lots (1) An existing lot, for the purpose of determining compliance with Sections 4.2 and 6.13.3, 6.13.4, 6.13.6, 6.13.8, 6.14.4, 6.14.10, 6.14.11, and 6.15.7(B)(3), is defined as: (a) A lot which was created prior to January 1, 1994, or (b) A lot within the Upper Eno watershed which was created prior to February 11, 1997 with respect to the Town of Hillsborough purchase of property associated with expanding the West Fork of the Eno reservoir; or (b)(c) A lot within the Cane Creek watershed which was created prior to October 19, 1999, with respect to the October 19, 1999, amendments related to the CANE-CA and CANE-PW districts, or (c)(d) Non-conforming lots of record. (2) Stream buffers as required by Section 6.13, and setbacks for septic systems as required by Section 4.2.9 may be reduced to the extent necessary to allow development of the lot, provided that all of the following criteria are met: (a) The septic system is sized to serve no more than four bedrooms; and (b) The septic tank, drainfield and repair area (where required) can be accommodated on 20,000 square feet of area or less; and 20 Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-5 (c) The Orange County Planning Department, in consultation with Orange County Environmental Health and/or the Orange County Staff Engineer has determined that encroachment of the structure into the stream buffer and/or encroachment of the septic system or repair area into the stream buffer or reservoir setback is necessary in order to provide adequate area for septic disposal and repair while maintaining required separations between wells, septic systems, structures and property lines; and (d) The Orange County Planning Department, in consultation with Orange County Environmental Health and/or the Orange County Staff Engineer, has determined that the relative locations of the well, septic system and structure maximize the amount of watershed protection that can be achieved while allowing development of the lot. Generally, an exception to setbacks for repair area is preferable to an exception for the initial septic system, and encroachment of structures or gravity septic systems into the setback is preferable to the installation of a septic system pump. (e) The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the criteria in (a) through (d). 4.2.3 Land Use Restrictions All uses and activities allowed in the underlying zoning district are permitted with the following exceptions: TABLE 4.2.3 LAND USE RESTRICTIONS DISTRICT RESTRICTIONS UNIV-CA UNIV-PW CANE-CA U-ENO-CA No new landfills are permitted. No commercial or industrial uses are permitted except for commercial development, in accordance with the provisions of the Ordinance, located within established Nodes as detailed within the Orange County Comprehensive Plan. No new golf courses are permitted UNIV-CA CANE-CA U-ENO-CA No residual (sludge/biosolids) application is permitted. CANE-PW U-ENO-PW HYCO-PW LITTLE-PW BACK-PW FLAT-PW HAW-PW L-ENO-PW JORDAN-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous light industrial uses characterized by low water use (less than 10,000 gpd, excluding domestic water (25 gpd per employee) and water used for heating and air conditioning). 4.2.4 Residential Density Maximum residential density shall be as indicated in the Table in this subsection, or as required by the underlying zoning district, whichever is less. TABLE 4.2.4 RESIDENTIAL DENSITY DISTRICT MAXIMUM DENSITY 21 USGS Stream Soils Survey Stream OC Updated Stream Parcels Streets Water BodyLONESOMILLCREEKRDGOVERNOR SCOTT R D GOVERNOR UMSTEAD CIRBELLECHASE RD APPLE TREE RD EFLANDCEDARGROVERDGOVERNOR HOLT STGOVERNOR HODGES STCARRSTORERD GOVERNORCHERRYCIRGOVERNORSANFORDSTGOVERNORMARTIN ST G OVER N O R HUNTSTE L IJ A H P O O L E DR WESTGATE RD G O VE R N OR M O O R E STGOVER N OR BROUGH T ON ST D U NBARLNGOLDENMAPLE B RICEWOODLNB LUE JAY WAY TRO T T I N GTRLTRIPLECREEKDRPARCJARDINDRRIMMER RD MOSSYTIM BER R D G SUNNYLNLEES C HAP EL RD Multiple Properties Town of Hillsborough 1,400 0 1,400700 Feet 1 inch = 1,187 feet . 22 Attachment 2 Red lines denote the property purchased by the Town of Hillsborough allowing for the expansion of the reservoir. Properties were purchased in 1997.