HomeMy WebLinkAboutAgenda - 04-17-2001-8fORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: April 17, 2001
Action Agenda
Item Na. ~-~
SUBJECT_Water and Sewer Management, Planning and Boundary Agreement
DEPARTMENT:
PUBLIC HEARING: (YIN) No
County Attorney
ATTACHMENTS(S):
Resolution Approving Water and
Sewer Management, Planning
and Boundary Agreement
Blacklined change to page 4 of Agreement showing
change from 3/29/2001 warksession
Draft letters to Town and OWASA officials
3/7/2001 letter from
County Attorney
9/27/20001etter
from County
Attorney
9/5/2000 letter from
County Attorney
INFORMATION CONTACT:
Geof Gledhill, 732-2196
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-4501
Durham 688-7331
Mebane 336-227-2031
PURPOSE: To approve the farm of the Water .and Sewer Management, Planning and Boundary
Agreement and to transmit it to Town and OWASA officials.
BACKGROUND: The Board of County Commissioners along with the governing boards of the Towns of
Carrbora, Chapel Hill and Hillsborough and the Board of Directors of OWASA have worked far a number
of years toward the development of a Water and Sewer Management, Planning and Boundary Agreement.
The concerns of each of the perspective parties have been addressed in the agreement that is part of the
resolution proposed. Questions posed by other governments that are not addressed in the resolution are
addressed in the draft transmittal letter that is also an attachment to .this abstract. Once the form and
substance of the agreement are approved it is envisioned that the agreement would become part of each
planning government's land use plan and become part of the Joint Planning Area Land Use Plan.
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FINANCIAL IMPACT: None at this time.
RECOMMENDATION(S): The Manager and the Attorney recommend that the Board (9) adopt the
attached resolution which approves the Water and Sewer Management, Planning and Boundary
Agreement and (2) transmit the resolution to Carrboro, Chapel Hill, Hillsborough and OWASA for approval
by the governing boards of each of those governments of the Agreement.
isg:orangecount~waterandsswarabstract, doc
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'FORT'H: CA1tOLI.~1A
OR.Al'~GF: COL:\Tl'
KESOLI]T".1 O:~
~1'HEF:EAS, Carrboro, Chapel. Hill, I3illsboraugh, Urange County acrd OWASA have
~+~orked for a number of years toy;'ard developing a Water and Sewer Management, Planning and
Boundar}~ Agreement; and
V~'IIEREAS, the tivork of a task force created to reronatnend an agreement has been
considered on several occasions b~~ each of the governments that will become parties to the
agreement; and
1~'H1.REAS, each of the concerns of the governments has been addressed, to the extent
possible, in the version of that agreement that is Exhibit A t.o this resolution.
NUW THEREFORE, BE IT RESOLVED that the Board of Commissioners approves the
fornr and the substance of Exhiibit .A, the Water and Sewer >\1ana4ement, Planning and Boundary
Agreement, and hereby transmits it io the 4o~erning boards of Carrboro, Chapel Hill, Hillsborough
and OWASA For concurrence with the forn-t and the substance: of the Agreement.
lJpon naation of Commissioner ,seconded by Commissioner ,the
foregoing resolution Has adopted this the day of , 2001.
I, Beverly A. Blythe, Clerk to the Board of Commissioners for the County of Orange, North
Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on
as relates in any way to the adoption of
the foregoing and that said proceeclinas are recorded in Minute Book No. of the mirmtes of said
Board.
WITNESS m}' hand and the seal of said County, this day of , k001.
Clerk to the Board of Commissioners
Isg:ntangecount~ ~uaterandseNerresolution.doc
Exhibit A
~'~'A ER EWER MAN NT PI~ ~ 7ING
AND BOUNDARY AGRE~~~N~
Tl-l15 AGREEI'~ENT, made and entered into this day of
by and between the COUNTY OF ORANGE, a -
political, subdivision of the State of North Carolina; the TOWN OF
CARRBOl~O, the TOWN OF Cl-iAPEL I-1TLL, ar~d the TOVIWN OF
I-IILLSBOROUGH, municipal corporations duly created and existing under
the laws of North ~G'amlina; and the ORANGE WATER AND SEWER.
ALTTHORI7'Y, a public water and sewer authority duly created and existing
under Chapter 162A, Article 1 of the North Carolina General Statutes.
1'VITNESSETH:
In consideration of mutual benef is regarding the def nitxon of water and
sewer sen~ice boundaries and the management and planning thereof, the.
parties to this agreement hereby mutually agree as follows:
I,~ ~~~]
W. ., I.n u .Mn dt. ~. 4 N..r. .l. a. ~~-1Wk~ .I, -. -~ 1 .
A. Charge to the Water and Sewer Boundary Task Force
Since the mid-195D's, several. attempts to define water and sewer.
service boundaries for Orange, County and the municipalities of
Chapel Hill, Carrboro and Hillsborough have been undertaken. In
] 994, a Task Force was formed consisting of elected officials
from Carrboro, Chapel Hi11, Hillsborough and Orange County, as
well as two members of the Orange Water and S-ewer. Authority
Board of Directors. The. charge to the Water and. Sewer Service
Boundary Task Force is attached as Appendix B.
B. Purpose ofWatex and Sewer Boundary Agreement
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.
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2. 7~o conlplemeni growth management objectives, land use
plans and arultxation plans in existing agreezncnts, such as
the Orange County-Chapel Hill-Carrboro Joini Planning
Agreement and Joint Planning Area Land Use Plan
3. 7"o resol~•e in advance and preclude future conflicts about
future service areas and annexation areas.
4. To provide for predictable long-range water and sewer
capital improvement planning and financing.
_5. 7,o provide for limitations on water anal sewer service in
cLrtain areas, as defined.
1~ HOW TNEAGREEMEN ~ ~~
T WORKS:
A. Ef~'ective llate of the Agreement
This agreement shall become effective upon execution
by all of the parties and signature by the chief elected or
appointed offir.ial.
13. Term of Agreement
This agreement shall remain in effect for ten (10) years from its
execution, and shall be renewable as provided in the following
subsection.
C. Procedure for rene~~~al
At the end of each ten year term, the agreement shall renew
automatically, unless written notice is provided of intent to
withdraw as noted in subsection E below.
D. Procedure for proposing and acting on changes in
agreement including boundaries
1. Any change to the agreement (including
boundaries) requires approval of all parties to the
agreement.
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2. The addition of other parties to this agreement shall be
by consent of the current parties.
F. Procedure for withdrawal fronx/decision not to renew the
agreement
1. A party may not withdraw fi•om the agreement, until it
holds a public hearing on the proposed withdrawal
followed by written notice to the other parties within 3U
days of the public hearing. The withdrawal shall be
effective one (1) year following receipt by the other
parties of the written notice.
2: if a party to the agreement withdraws as provided above,
the agreement remains in effect as to the other parties until
all but one party withdraws in the manner provided for the
in this agreement.
F. Accountability of Future Parties
Future utility providers that wish to become parties of this
agreement must be f nancially and t.echni.cally capable of
providing water/sewer service to address public 'health
emergencies or other identi#ied public facility needs; as defined
by the parties of the boundary agreerrient. The provider must
have adequate system capacity, technical capability and
f nancial assets to address system problems within its interest
aria without compromising service to content customers.
G. ~C"ourtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers that are parties to this agreement
will be provided courtesy review and the right to provide
written input into utility design and the provision of easements
for all new major subdivisions and other residential and non-
residential site plan approvals within their service area and
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interest area. The party to this agrec:znent with development
plan revieev authority shall retain approval authority for all
development proposals eeTithin its planning jurisdiction.
H. Linkage ee~ith the Orange County-Chapel Hill-Carrboro
Joint Planning Agreement and other future agreements
This agreement shall be made part of the Orange County-Chapel
fIill-Carrboro Joint Planning Agreement, by reference, and to any
future cooperative planning agreements that maybe entered into
among some or all of the parties. Termination of tlz.e Joint
Plal~ning Agreement or any other cooperative plaruling
agreement does not terminate this a~~eetnent. Termination of this
agreement can only be accomplished as provided in this
agreement. Sinularly, the withdrawal of a party from tlae Joint
Planning Agreement or from any other cooperative planning
agreement does not consritute withdrawal. from this agreement.
Withdrawal from this agreement can only be accomplished as
provided in this agreement.
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l11~ DEF~NI?IDNS ~~~~.R~ k~ :. ~~.~r~~;r ~ ~~r ~ ~~ ;,~ ~ v
Primary Service Area: An area (as shown on the Water and Sewer
Service Boundary Map, which is Appendix A) where water and/or
sewer service is now provided, or might. reasonably be provided in the
future, according to adopted plans and future amendments to adopted
plans (hereinafter referred to as "service area")2 .
"'..i~ per iiic n p ~n AEy~nulu A, ihr Tows of Hiltrlwar~h long-Tmn Jnirrar Arcu awd Yrnnan~ Service Arras nee romliierJ dnd Jor~~uc of tbu o~.ernrrnr it
iu Primur<~ Service Area.
OWASA Long-Term Interest Area: An area (as shown on the Water
and Sewer Service Boundary Map, which is Appendix A) within
which public water and/or sewer service is not anticipated to be made,
but if such sere~ices are to be provided, OWASA will be the
responsible utility service provider. Long-rl'erm Interest Areas are not
service areas, and do not include areas outside of Orange County.
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OWASA's Long-Terns Interest Area is hereinafter referred to as
O WAS.~'s "interest area."
Orange County Long-Term Xnterest 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 anal/or sewer service is not anticipated to be made, but if such
services are to be provided, Orange County will. be responsibly for
coordinating the provision of utility service. Long-Term Interest
Areas are not service areas, and do not include areas outside of
Orange County. Orange C'ounty's Long-Terns Interest Area is
hereinafter referred to as Orange County's "interest area."
Essential. Public Facility: Apublicly-owned facility, or a facility
wholly £nanced by Federal; State or local governxxaent (or a
combination thereof] that provides a service for the health, safety and
general welfare of County residents (for example, a school, :fire
station, public safety substation or solid waste convenience center).
Adverse Public Health Condition: An Adverse Public I3ealth
Condition exists in the case of a wastewater systc;m(s) when it is (1)
failing, (2) documented to be failing by the Orange County I-Iealth
Department, and (3) no on-site repair is apprQVable or recommended
by the Orange County Health Department; or, an the case of a well
water supply system, it meets all of the following criteria:
• the we11 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
paint where the contamination can be eliminated;
• the water from the well water supply system is not
treatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
• there is no alternate location on-site for a ne~xr we11
water supply system which can be permitted under
Orange County Health Department regulatory
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Crl.terla 'ln effect at the tlm.e Of the COntaminata0'n Or
an alternative sito is unacceptable because
tividespread existence of contamination or because
of the potential of contaminant migration to the
alternate. site.
A description of these terms and their application is provided in
Section VI of this Agroomont.
Public Water or Public Se~~~er Service: The provision of water
andlor sewer service by a party to this agreement. This definition does
not include consulting services and/or technical assistance services.
Emergency 1'~'ater Transfer: Any short-form transfer of raw water
supply or finished drinking water supply from one service provider to
assist another service provider in meeting wYater neods during:
a) unanticipated disruptions or emergencies relating to raw or
f Wished 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 Tres, floods, droughts or other disasters; and v)
operations or facility maintenance activities, or
b) periods when temporary, short-terns disruption of water
supply or finished water service may occur as a result of
planned or unplanned maintenance of major water supply,
pumping, transmission, treatment, or storage facilities.
Nord-Emergency Water Transfer: Any transfer from one water
sorvice provider to another water service provider of raw water supply
or finished drinking water supply which is not an emergency v~iater
transfer.
VVaste~~ater Transfer: Any transfer from one wastewater service
provider to another wastev~~ater service provider.
V1'ater antUor Se~~~cr Pro~-ider: A municipal corporation, county,
private non-profit water system, or public water and sewer authority
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under the N.C. General Statutes that provides utater and/or setiver
service to the public.
t ~ * Stew i; 7' ~ _~L _ .N f x '"t; L l
~IV~ BOUNDARIES ~ ~.~~...,,i~ F ,.. .... a .wrt`., ,.. ,..;. cl,.k»i ~
A. Service Areas and Interest Area Boundaries
The service area and interest area bowadaries are as sho~~n in
Appendix A.
I3. Adherence to Boundaries
1. The boundaries on th.e map (Appendix A) define the areas
in which. the parties may provide water and sewer service,
and no party to this agreement shall extend servrice beyond
the designated boundaries, except as provided in f.his
agreement (Sections III.B.2, VI.B, VI.C, VI.D, VI.F,
VILA, VII.B, VII.C)~. In no case shall service be extended
beyond the boundaries of Orange County without the
approval of the elected boarci~s which exercise planning
jurisdiction on either side, of the County boundary. Any
extension of lines or service into Chatham County requires
the approval of Orange County, ,Chapel Rill or Carrboro,
and OWASA.
3. Parenthetical phrase Lo be 1e~t in until agreement i.s adaFited.
2. OWASA presently provides water and sewer service
outside of the OWASA Service Area shown on Appendix.
A as follows:
1~ ~rvice u~.ovide~l
Heritage Hills Subdivision water and sewer
Rangewood Subdivision water and sewer
Piney Mountain Subdivision sewer only
pWASA may continue to provide water and sewer service
and may extend water and sewer service within these
subdi~risions provided it does so consistent with Ol~'ASA
policies and interloeal agreements xelated to these services
that exist on the effective date of this agreement. Any
change to those policies and interloeal agreements afti;r the
effective data of tlvs agreement can only be accomplished
by an amendment to this agreement.
~V P~RQGEDURES.FOR P~R~YI~ING SER~CE~ ' . y { ~ ` ;'`~"~:~~j"~' M
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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.
~3. Procedures for the provision of service within the Service
Areas and interest Areas
1. When water and sewer service provision is required
to address an adverse public health condition, ox to
provide service to an essential public facility, the
designated provider for the service area or interest
area shall have the right of first refusal to provide such
service.
2. Within the service areas and interest areas, the water and
sewer provider will agree to provide service, as defined
in this agreement, as system capacity, financial resources,
and other reasonable utility considerations a11ow, and as
provided in this agreement.
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C. Policy of "first-refusal"
1. The designated water and sewer provider within
a service area or interest area has first right to
provide service if an adverse public health condition
or essential public facility service need is established, and
public water or public sewer service is determined to be
required to address the adverse public health condirion.
2. If the designated water anal sewer provider declines to
provide service, it must notify the other parties to the
agreement with a statement of rationale.
3. The designated, water and sewer provider may contract
with another service provider to address the situation, in
the manner prescribed in Section VI of this agreement,
upon consultation with other jurisdictions.
4. If no other water and sewer pro~ricler is available, Orange
County retains the right to address the adverse public
health condition or essential public facility need in the
manner prescribed in Section VI of this agreement.
A. Prohibitions and Limitations o~n Extension into Interest Areas
The'development of land within interest areas is not projected to occur
at urban densities; and therefore, public water and sewer service shall
be prohibited in these areas, except as .provided in this agreement
}Section VI.B, VT.C, VI.D, VI.F, VILA, VII.B, VII.C}3: Individual on-
site and small/community-scale alternative water supply and
wastewater treatment systems not physically connected to central
systems will be the ,primary methods of meeting the water and sewer
service needs of existing and future development.
3. ibid.
13. Adverse Public Health Conditions
An exception to the prohibition of public water and sewer service in
interest areas may be made to allow the extension. of lines in the event
the Orange County Health Department documents an "adverse public
health condition."
An adverse public laealth condition exists wl.~ere:
1. in the case of existing wastewater system(s), it meets all of~ the
following criteria:
• the wastewater system is failing;
• the wastewater system is documented to be failing
by the Orange County 1 Jealth Department;
• there is no on-site repair approvable or
recommended by the Orange County Health
Depan~-nent.
The following terms used in the criteria above mean:
F~~la~g WaSte~~~ater S, stem: A wastewater system is failing
when sewage or effluent is seeping or discharging to the ground
surface or to surface waters. A permitted, properly-functioning
non-discharge wastewater system (e.g., osprey-irrigation
system) and a permitted, properly-functioning discharge
system are not failing wastewater systems.
~zprovable On-Sit~.R~air: An approvable on-site uTastewater
system repair that can be completed in a desigmated repair area
which is approvable under Orange County Health Department.
regulatory soil/site criteria in effect at the time of the needed
repair.
R - Re ' • A recommended on-site repair
is one that is not an approvable on-site repair, but is one that in
the best professional judgment of the Orange County Health
Department will reasonably enable the system to function
properly. A recommended on-site repair may incorporate
engineered design (a design certif ed by an engineer to
overcome all soil/site limitations in the particular situation), site
~n
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or system modification, flow reduction or other measures
calculated to impxove functionality of the system.
2, In the case of an existing yell water supply system(s), it meets
all of the following criteria:
• the well water supply system is contaminated with
a microbial, chemical. or other agent which is
known to cause disease or other serious health.
effects;
• the well water supply system is not reparable to the
point where the contamination can be eliminated;
• the water from the well water supply system is not
txeatable prior to withdrawal to the point where the
threat of disease or serious health effects is
eliminated;
• there is no alternate location on-site for a new wc;ll
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:
We11: A well is any excavation that is cored, bored,
drilled, jetted, dug or otherwise constructed 'for. the
purpose of locating, testing, developing, draining or
recharging any ground water reserves or aquifer, or that
may control, divert, or otherwise control, .the movement
of water from or into any aquifer.
Well Water„~~v S, s~~ A well water supply system
is any well. that is intended for use or is usable as a source
of water supply for domestic use (including household
purposes, farm livestock, or gardens) and the pump anal
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pipe used in connection rvitlz or pertaining theretu,
including rr-e11 pumps, distribution pipes, plumbing pipes,
tanks, fzttings, and water treatment devices.
The Orange County Health Department shall make the
determination as to whether an adverse public health condition
exists, and shall make a recommendation on the appropriate
remedy to the governmental entity(ies) in the appropriate
interest area.
The f nal decision to use any particular means or Coal for
rectifying any particular adverse public health condition
remaizls, through zoning regulations or other land use
ordinances, with the governmental entity or entities having
zoning or planning jurisdiction over the area where the adverse
public health. condition exists. In the Orange County-Chapel
Hill-Carrboro Joint Planning Area, the Joint Development
Review Areas shall. be used to determine wlzzch of the JPA
parties shall jointly decide on the appropriate means or tool for
rectifying an adverse public health condition. Public water or
public server lines extended to provide service to an adverse
public healtla condition or essential public facility cannat he
used for other purposes or other parties, except as provided in
Section. VLD.
C. Sizing of Lines E~rtended Into Interest Areas
The extension of public water or public sewer lines into an
interest area shall be sized so as to comply with State technical
and engineering regulations and only to serve the intended use,
as defined in this agreement. I3orvever, in the case of a public
water line extension, provisions shall be made to address
adequate line sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide service
to an adverse public health condition. or essential public facility
cannot be used for other purposes or other parties, except to
remedy another adverse public health condition.
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E. Siting of Essential Public Facilities 'Within Interest Areas
The location of some essential public facilities, particularly
schools, requires special consideration for access to public
water and sewer lines.
Where possible; schools shall be sited in a manner that
promotes the eff ci.ent 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 board's and the elected officials of affected jurisdictions,
and applied as necessary.
Publicly-owned facilities other than a public school shall be
located in a manner that promotes the orderly provision of
water and sewer service. The pre~errcd method of connection. is
to lines that already exist, or in a manner that would minimize
the need to extend existing lines.
F. Water and Sewer Service Into/Out of Orange County
Water.and sewer service of any of the. service providers that are
parties to this agreement shall not be extended outside of the
boundaries of Orange County without the approval of the elected
boards which exercise planning jurisdiction on eithex side of the
County boundary. Any extension of lines or service into Chatham
County requires the approval of Orange County, Chapel Hill or
Carrboro, and OWASA. This approval is not required when
water and sewer service is required as a condition of annexation
by the towns of Chapel Hill or Canrboro.
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A. Emergency Water Transfers (This subsection shall not apply
to any system operated by a municipality)
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Emergency water transfers are transfers that:
1. Are made for short-term duration. Far the purpose of this
Agreement, short-term duration shall be reviewed at 30
days, 60 days and 90 days, with. subsequent 90-day
intervals up to one year, as per the following process:
a. After 30 days duration, a memo from the chief
administrative off dials of the service providers
will be sent to the managers of the j urisdictions
that are parties to this Agz-cezncnt. The memo shall
document the emergency, steps being taken to
address the situation, and notify the managers of
the potential for a longer period of the emergency
water transfer.
b. At 60 days, the service provider sending the «~ater
shall notify its elected board (or, in the case of
OWASA, the member government elected boards)
on the status of the emergency and provide
oppaz~tunity for the boards to review and comment
on the situation. The receiving provider shall
provide similar information.
c. Between 60 days and 90 days from inception of
transfer, the elected boards which exercise
planning jurisdiction on either side of the boundary
in which the- service is provided shall review and
approve or not approve the continuation of the
transfer beyond 90 days. If continuation of the
transfer is approved, it may continue, for an
additional 90-day period. Approval shall be
required for each subsequent 90-day period, with a
maximum emergency water transfer duration of
3G5 days from inception. I ack of action by the
elected boards as provided in this subsection
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constitutes approval. for the subsequent 90-day
period.
d. At the 3Q-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;
AND
2. Are,not intended to provide raw or fnished water supply
n~:cessary to support new growth and development ~~~ithin
the service area of the service provider receiving the
transfer., Neither party shall, in planning fox future
growth and associated increases in water supply needs,
rely upon water from the other party supplied under this
agreement to serve such growth.
a. A sen-ice provider experiencing a water
emergency and receiving emergency water
transfers must agree to act expeditiously and
adequately to mitigate and remove the causes of
the emergency condirions.
B. Non-Emergency Water Transfers (This subsection shall not
apply to the Town of Hillsborough until January ]., 2005.)
Non-emergency water transfers are only permitted with the
approval of the Orange CQUnty Board of Commissioners and
the elected or .appointed boards of the service providers
providing and/or receiving the transfer. If OWASA is the
service provider, approval must come from the OWASA Board
1s
1g
of Directors and the elected boards of Carrboro, Chapel }fill
and Orange County.
G. Wastewater Transt'ers
Wastewater transfers are only pernvtt~;d with the appraval of
the Orange County Baard of Commissioners and the elected or
appointed boards of the service prorriders providing the transfer.
if OWASA is the service provider, approval must come from
the OWASA Board of Directors and the elected boards of
Carrboro, Chapel Hill anal Orange County.
_V111._,~ ~.. _ ,GLINKAGE~Ta OTNER AGREEMEMTSw, _ _ ~ .~~~.~~:~. _~~~,.~ ~ _ ~ . .
Linkages to Uther Agreements
'T'here are a number of existing agreements among the parties to
this agrc:einent that are relevant to the management and
planning of public water and sewer service. Tn addition, this
ar--eement and those listed belov should all be read. together.
Where inconsistencies exist., this ag~xeement shall control,
except as otherwise provided by 1a~~~. Included among these
relevant agreements with linkages are:
• Hillsborough-Durham. Service Area Agreement
• OWASA-Durham Service Agreement
• Eno River Capacity Use Agreement
• Hillsborough/Orange-Alamance Water Systems
Agreement -
• OWASA-Hillsborough Service Agreement
• OWASA-T~illsborough Bulk Water Transfer Agreement
• Chapel Hill-Durham Annexation Agreement
• Mutual Aid Agreement
• Jordan Lake Allocations firom NC DEHNR
• OWASA Agreements of Purchase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill, and
3) OV~TASA and UNC
i~
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+ OWASA Agreement and Policy related to e~:tensions of
water and sewer into University Lake Watershed
(applicable to water and sewer service to Rangewood
Subdivision and. Heritage Hills Subdivision)
+ OWASA-Orange County Agreements related to Piney.
Mountain. Subdivision server service
r7 ~' min
.. ~ x.,r, ~~4M~~~a~..,, _v.~
A. Water and Sewer Service Boundaries Map
B. Charge to tl~e Water and Server Boundary Task Force
C. 't'oolbox of Rezuedies for Adverse Public Health Conditions
D. Joint Planning, Area Boundary Map
E. Comprehensive Plan Land Use Maps for all.Orange County local
governments, and of Chatham County
]~
L
THIS AGRECnIENT ENTERED INTO T131S i)Al.' OF
Chair, Orange County Board of C'ammissioners
Attest:
Glerk to the Orange County Board of Conuuissioners
Mayor, To~ti•r~ of Chapel Hill
Attest:
Town Clerk., Town of Chapel Hill
Mayor, Town of Carrboro
Attest:
Tor~m Clerk, Town of Carrboro
Mayor, Trn~m of Hillsborough
Attest:
Town Clerk, Town of Hillsborough
Chair, OWASA Board of Directors
Attest:
lsg: orangecountyW ] 701 versionwaGsewclean_aet.doe
1h
22
REVISED
9
.~
4,/ 17J01
interest area. The party to this agreement with development
plan review authority sha11 retain approval authority for all
development. proposals within its planning jurisdiction.
~A. Linkage rrrith the Orange County-Chapel ~~ill-C,arrhorn
Joint Planning Agreement and other future agreements
'this agreement shall be made part of the Change County-Chapel
1lill-Carrboro Joint Planning Agreement, by reference, and to a~~y
future cooperative planning agreements that may be entered into
among some or all of the parties.l'ermination of the Joint,
Planning Agreement or any other cooperative planning
agreement does not terminate this agreement. 'T'ermination of this
a~,reement 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
a~~reement 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/c
sewer service is now provided, or might reasonably be ~rovideci in
futur. e, according to adopted plans
(hereinafter referred to as "service area
~. Aa prr~ dre mpp in Appewr/ir A..+ht Town of N!l4Gnrougd+ /.orrg-Torn husrvr drm aid Pr'f++~ory Servlre Ar+cr+ an aan+6inad oral farprvPnre+ ojrh6 e~ree~enr (s
ru PAmarr~ Sr.ricr. Area-
OWASA Long-Term Ynterest Area: An area (as shown on the mater
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, C)WASA wi11 be the
responsible utility service provider. Long-Term Interest Areas are not
service areas, and do not include areas outside of +~range County.
4
2~
DRAFT
March 7, 2GU1.
The Honorable Mike Nelson,
Mayor, Town of Carrboro and
F~oard of Aldermen
Town Ha11
301 W. Main Street
Carrboro, North Carolina 27510
Dear Mayor Nelson and Members of the Carrboro hoard of Aldermen:
Enclosed is a kesolution of the Board of Commissioners
approving the form and substance of the water and Sewer
Management,. Planning and F~oundary Agreement far your further
consideration. The Agreement has been revised to incorporate
recommendations of the governing boards of the parties to the
agreement. Please consider approving this agreement at an
appropriate opportunity and as soon as passible.
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 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 ensue-e 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 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
Plater and Sewer Management, Planning and Boundary Agreement.
This Joint Planning Agreement amendment will require a joint
public hearing of Orange County, Carrboro and Chapel. Hill
followed by separate action Gf cacti gaverning board amending the
24
Page 2
March 7, 2001
Joint Planning Agreement. This formality incorporates the Water
and Sewer Management, Planning and Boundary Agreement into the
Joint Planning Agreement thus formalizing its provisions as land
use planning requirements that have the effect of law.
Sincerely,
Stephen H. Halkiotis
Chair, Orange County Board of
Commissioners
SHH/GBG/lsg
1sg :lettexts\2aa1.}:iot i.scarrtrGrawatandsew.ltr
2.5
DRAFT
March 7, 2ao1
The Honorable. Rosemary 1. waldoxf
Mayor, Tawn of Chapel Hill ar~d
Chapel Hill Town COllnCil
X06 N. Columbia Street
Chapel Hill, North Carolina 27516
The Honorable Horace ~iohnson
Mayor, Tawn of Hillsborough and
Board of Commissioners
'T'own Hall
101 E. Orange Street
Hillsborough, North Carolina 27278
The Honorable Dr. Peter Gordon, Chair
OWASA Psoax~d of Directors
and OWASA Baard of Directors
Past Office Box 366
Carrbora, North Carolina 27510
Dear {to the Mayors of Chapel Hill and Hillsborough and the Town
Boards and to the OWASA Board Chair and its Baard of Directors]:
Enclosed is a Resolution of the Board of Commissioners
approving the form and substance of the Water and Sewer
Management, Planning and Boundary Agreement for your further
consideration. The Agreement has been revised to incorporate
recommendations of the governing boards of the parties to the
agreement. Please consider approving this agreement at an
appropriate opportunity and as soon as possible.
We have been asked by Carrboro to comment an the process
far 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 arzd sewer will be permitted
cannot bE undone by triird persons seeking connection to public
26
Page 2
March 7, 2001
water and. sewer. systems. This is the method used in other places
around the country t.a 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 service area of the utilities. The
easiest way to accomplish the linkage is far 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 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
Joint Planning Agreement thus formalizing its provisions as land
use planning requirements that have the effect of law.
Sincerely,
Stephen H. Halkiatis
Chair, Orange County Board of
Commissioners
SHH/GEG/lsg
Enclosure
lag:letter6~halkiotischhillsOWASAwstandaew.ltr
27
I.Atiw os~lc~s
COLEMAN, GLEDHILL & HARGRfa,VE
A PROF1=55IpNAL CQRFQRA710N
129 ~ i•RYON SIFF.E7
P. O_ ARA4lER 1529
Hll15BOItOUGH. T10R7H CAROiINA 27278
919-732.2196
FAX 919.732.7997
VL'EBSiT'E VC'W W.CGANDH.CC~M
Commissioner Moses
901 Lystra Lane
Chapel Hill,. North
Commissianer Alice
282 Edgewaod Drive
Chapel Hill, Narth
Parch 7, 20CI
Carey, Jr.
Carolina 27515
M. Gardon
Carolina 2751a
RE: Water and Sewer Management, Planning and
Boundary Agreement
Uear Moses and Alice:
FIIOM THE DE5h OF
CiEQFFREY E.. GL.EDHI1]..
Enclosed is the water and Sewer Management, Planning and
Boundary Agreement revised per our conference call following
the report an the status of the agreement given at the Hoard of
Commissioners OctobEr 2, ;000 meeting. The first revisian can
be found at Section IV.B. I have renumbered Section IV.H. Tt is
now TV.B.1. And, S have added a new IV;H.2. IV.B.2
"grandfathers" OwASA's water and sewer services in the Heritage
Hills, Rangewood and Piney Mountain Subdivisions. I have alto
added to•Sectian VIII of the agreement the OWASA agreement and
policy related to the Rangewood Subdivision and the Heritage
Hills Subdivi.sion_and the OYIASA-Orange County interlacal .
agreement sr related to the Piney Mountain Subdivision sewer
service.
The other revision T have made to the agreement is the
deletion of the first clause in paragraph VI.F. This deletion.
was requested by Carrbora.
Per your i-nstructicns, I have not changed the non-
emergEncy transfer language ire the agreement. notwithstanding
cancerrs of GTrdASA that ,.an-emergency transfers of water and
sewer require approval cf all of Orange County, Carrboro,
is
Cammissianer Carey
Commissioner Carrion
Page 2
March 7, 201
Chapel hill and OWASA. These provisions are found at Sections
VII.B. arsd VII.C.
Finally, I have enclosed a draft transmittal letter to the
aaher 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 Carrbara. I think this is ready far consideration aga~,n by
the Berard, of County Commissioners and transmittal to the other
local governments for approval. This item could be considered
by the Berard of Caunty Commissioners as scan as a planned March
29, 2001 work session.
very truly yours,,
COLEMAN,f~,EDHILL & HARGRAVE, P.C.
E a Gii 11
GEG/lsg
Enclosures
xc: John M. Link, Jr.
legcl~tters\caxeygardon.ltr
C'
~W ~~" V~
COLEMAN, GLEDHILL & HARGR~V~
w tuw~l. c~ow-T1c'n
l29 E i'aYDN S~RII~T
P, d pkhWEA 1529
FILL1SBtiRt]UGH. ti0~iC1'Ft G~.1aDStr~:n z7z~s
919.731-2146
PAX 919.732.7997
1VE8S7'S~ ~SVA'.CGI61iUEi.CAA4
September 27, 2000
Moses Carey, Jr., Chair
Margaret w. B_cwn
Alice M. Gordon
Stephen 'rtalkxdtis
Barry Jacobs
Orange County Board of Cammzssianers
Post Oy f l ce Box ~ t3 i 81 -
Hi17.sbaraugh, North Carolina 27278
R8: Water and Bawer Policy
Dear Board Members:
FRC~bI 1TiB DESK DF
C3E?OrFR~Y ~ GLEDH1i.L
.This le~ter supplements my September 5, 2DDD letter
concerning the status a` the Water and Sewer Planning Boundary
Agreement. ::n my September 5 letter I related what I mistakenly
thought wag an OWA.SA Board concern about the Agreement requiring
ur3arizmau5 approve]. by OWASA, Orange County, Carrbaro and Chapel
Hill for exten6inns oL utility lines or utility service into
Chatham County. That is xiet the concern expressed by the DWASA
Board, lrou'11 recall that this was "fixed" in the March 29, 2DDD
versinn of the Agreement. The Agreement as it was revised in
March 2DDD calls for Chatham County utility exCensions to be
approved by OwASA, Orange County and Chapel rill r~ Carrboro.
Thy: QwASA Soaxd hoe expressed a concern about the
requirement for unanimous approval among DWASA, Dra.*~ge Ca-inty,
Carrtaazq and Chapel Hill nor non-emergency water and sewer
trarlefers. This requirement ie ir1 Sections VIT .8 and VII . C of
the Agreement. •
very truly yours,
GLTsDHILL & SARGRAVE, P.C.
GEGf lsg
xc: John M. Link, Jr.
rey ~. G~+,edhill
~n ~
leg:leccers~ndntcomwatexeevesl•2.lcr
~. CTY. PL4Nr1I1~IG
- 3U
uu o'~c~C
C(7LEMAN, 'GLEDHTrJ_ r5t HARGR,AITE
• ~ raor~ss-owu. coaponnrc~r~
u9 ~ raYOaa sx~T
P. ~ ~3iA SS29
HILi,~RIJUGH. NC]RTH GAR(a1Il3A :7:78
9!A•731.21%
FA7G 919 733.7997
'i~'Br. S1Z'E ~tJSVw.CWNffei.CAM
September 5, 2ppp
FROM 7HE DESK OF
GcOFfFi~Y ~ GIx~D'EIILL
Noses Carey, Jr., Chair
t~argaret W. Srow:~
Alice M. Gordan
Stephen ~{alkiotis
Barry JaCa}~s
Orange County Eos.rd of Commissioners
Post office Hox 8182 .
ri~.llsbarough, North Carolina 27276
RF.:. Water and sewer. Pal~.cy*
Dear board Members:
This letter i.s a sunanary of what I understand to be the
status • of the water ~ Setiver Planning Boundary Agreement . As you
knave, you approved the Agreement, an behalf of Orange county, vn
March 23, 2000 and directed it be sent to Carrborv, Chapel dill,
Hillsborough and aWASA for consideration by the boards of each.
A copy of the ninutes of the Boards March 23, 2000 neeting are
enclosed. A copy of the Chapel krill Town Cavncil resolution and
the Carrboro Board of Aldermen resolution xn 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. Hillsbarougri's action approving the Agreement
includes a modif~.cata~on deferring the requirement that
Hillsborough comply with the non-emergency Ovate= transfer
section. until Januar}r 1, 2005. As you prabab].y recall the latter
action was the result of. H~.llsbarvugh wasting to be able to sell
suxplus water until the January 1, 2005 date 'ire order to help
retire rte indebtedneea.associated with ~.ts new reservoir.
I spoke with Ed Holland today about the OWASA Board plan
for' the Agreener_t . He in~arms me that i,t will likely be
scheduled for QWASA Board action this month. The OwAsA Board
discussion on August 24, 2000 included a concern that extensions
of utility lines or utilaty service into Chathari- County reclu.i res
approval of OWASA, Orange County, Ca,rrbQro and Chapelr?ill.
G~/2:,~'2a~~ _ _.. ~"=; 9i 1~ ~:'~:.~ Cll. G a ". P~Ar~ihilNa
31
Orange County Bcar3 of Com,:~ssioners
sage ~
September 5, 20a~
Another concern has to do wjth the need for stro:~ger language
acissa.owi edging exxs tirg se~rice agreements and obl igati.ors . A
final concern, clarified daring Water and Sewer Boundary Task
rorce meet~.ngs some time ago, ie that the. terms "service
extensions" and "line extensions" when used to describe
extensions into Chatham County do not include bulk water
transfers or a bulk water transfer line tv OWASA's system from a
aordan Lake intake _acility.
Carrborc' s iES~iutiv`t of approval would add tl~e z'~c'S.~agewotid
Subdivision and the Feritage Hills Subdivision to the Agreement
map as part of the OWAS~a Service Area. The deletion from Section
VI.F. of the Agreemen~ of the prov_so "recogna2ing the land use
implications of public water and public sewer service in
adjacent counties or jurisaictions within Orange County," is, in
my opinion,. not a substantive change to the Agreement. However,
it may be sigaifican~. Tn that regard Carrboro's resolution
seeks clarification from "Orange County" with regard to the
process for link;ng with the Joint Planning Agreement. As you
know, a]:1 jurisdictions were represented during the Water and
Sew~:r Boundary Task Force meetings. The point of including the
Water & Sewer PXanr~ing & Boundary Agreement in the Joint
Planning Land Vse documents was Trade repeatedly during those-
meetings. This is part of the vzrerall 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 tv public water and sewer systems, This ie
the method used in other places around the country to ensure
that the utility planning efforts of the public water and sewer
utilztias and the land use planning efforts of the loco].
governments doing land use planning are not thwarted through
insistence by landowners and the development co~n5ty of public
water and sewer connections contrary to the planned service
areas of the utilities.
Carrboro's request that Heritage Hills and Rangewood be- '
included in the QWASA "Service" area (as opposed.ta its
"Interest" area) may or may not be an a.ssue for Chapel Ha.l1 and
_ Orange Caur~ty. 3oth of these subdiva.siona have been served by
OWASA for many years and both of these subdivisions are located
in the Rural Buffer. Aid, bath of these subdivisions are subject
to a 1994 OWASA connection policy, a copy of which is enclosed.
a~,~ !~,/20ai :... a~, __9E~y3aa2 Dr . CTY. PL.~t.Ir;IMu
32
Orange Co~ax:ty gpard cf Commissioners
Pane 3
SePtemhez.5, ~D00
Apparently, the amount of undeveloped land that could be
deve~!oped in these subdivis~.ons is small and perhaps
insignificant. The questzon Carrboro's resolution poses to me is
w}~et3~er the.text of the Agreement in some mannez should
"grandfather" these subdivzsions as part of the OWASA Service
Area or whether the map should he revised to include them. The
former may be the most consistent vaith the bigger p?cture of
3sicluding as little as possible az the Rural Buffer in a public
water and sewer provider service area and to not create a
_ service area%interest area map ~-ith "satel~.ites."
Neither Chapel Hi"11 npr Orange Cottpty has acted on a
version of the Agreement with the non-emergency water transfer
amendment approved by ~3illsboraugh or a versxvn of the Agreement
captaining the Carrboro proposed amendments. Moses. Carey has
wra:tten to Mayor9 Waldorf and Nelson and OWASA Chairman Peter
Gordon anti advised them about the Hillsborough changes, in a
letter sur~gesting that he and Conunzssioner Jaco3~s would
recommend this change to the hoard of .County Commissioners. A
cogay of that letter is enclosed. I have seen nv writtep reaction
to the chaxages requested by Carrboro. Those changes may be
material to Chapel xz11, orange County and OWASA ae,explained~
above.
Once agreement is reached on a final version of the
Agreement, I~think it would be a good idea far it to b~e
c~.rculated in its final form to each governing beard for final
approval. Z have enclosed a version of the Agreement with
revisions through Hillsborough's action in July 20DO..~x have
made na attempt tv incorporate into the document Carrboro'~
requested 'changes.
Very truly .yours,
QLED3ILL & F~,RGRAVS, . r~ . C .
- zfrey E Gle ill
GEG/lag'
Enclosures
xc: Jahn M. Link, Jr.
1 eg: ;ettezS\b~: ~aa~water~ewer . lts
3.3
- --~ ---------.Appendix A
Proposed Public WaterlSewer Service Boundaries
Subject to addition of other utilitiesllocalities
.:-
_ ~ , : - - -~ -~ 1
+ :.:
~.
E 1-' - -
~ ~ c ~ .. .
-~ ~ _ - r -
!~~ ~. -
I ~ ~ -
I ~_
I{ d ~ - 'Y ~ -~- ~..
.,
- r--~ ..
~. ~ \~
_~, i - i ,~
_... f---
,.
OWASAPrimary Service Area ~ --- -_. _~-_ -. ..k;'- ~ i
OWASA Long-Term Interest Area
ry `_ Hillsborough Primary Service Area N. ~
-.-,,, grange County Primary Service Area
grange County Long-Term Interest Area ti
~,; Rural Buller 9oundary
- - GIS map prepared by Minam Cdeman, G15 Protect Coordinauar, Orange County Planrwig Deft. 3~2'XOi