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HomeMy WebLinkAboutAgenda - 05-29-2001-6cr ORANGE COUNTY ~ BOARD OF COUNTY COMMISSIONERS AND PLANNING BOARD . PUBLIC HEARING AGENDA ITEM ABSTRACT Meeting Date: May 29, 2001 Action Agenda Item No. 6 c SUBJECT: Watershed Best Management Practice Amendment DEPARTMENT: Planning ~ Inspections PUBLIC HEARING: (Y/N) YES ATTACHMENT(S): INFORMATION CONTACT: Proposed Amendments Craig Benedict, Director, Ext. 2592 Robert P. Davis, Planner III, Ext. 2580 TELEPHONE NUMBERS: Hillsi~orough 732-8181 Chapel Hill 9G8~501 Durham 688-7331 Mebane 336-227-2031 PURPOSE: To receive citizen comment on proposed amendments to the Orange County Zoning Ordinance to clarify that Best Management Practices (BMP's) are not permitted to allow an increase in impervious surface coverage for projects. BACKGROUND: Both the Stormwater Management Program for Lands within the Neuse River Basin and the Orange County Zoning Ordinance have requirements for Best Management Practices. The BMP's in both cases are. intended to reduce the negative environmental effects ofi development on the streams and water. supplies within North Carolina. The slight variation in the definition of the term Best Management Practice in the two ordinances is highlighted in italics below: Zoning Ordinance Definition: A structural or non-structural management-based practice used singularly or in combination to reduce non-point source pollution to receiving waters in order to achieve water quality protection goals. (See also, Detention Pond and Engineered Stramwater Controls) (Unless otherwise specified, "BMP", when used in this Ordinance, refers to structural BMP's.) Neuse River Basin Definition: A structural or non-structural management-based practice used singularly or in combination to reduce non-paint source inputs to receiving waters in order to achieve water quality protection goals. The Neuse River Basin regulations specify that BMP's shall be implemented to reduce negative inputs (i.e. nitrogen) into the streams. The zoning ordinance specifies that BMP's cannot be used to satisfy watershed requirements for residential development and most non-residential developments. The zoning ordinance language is intended to prohibit use of manmade G:roberdmay2001 publichearing/abstractBMP ~'~~ structures like detention ponds, swales, engineered stormwater devices, etc. to raise impervious surface ratios as opposed to natural BMP's like buffers, trees and grass. While there is no conflict that the purpose of both ordinances is to protect streams and watersheds, the language in the zoning ordinance needs to be clarified. The intent of the restrictive language in the watershed portion of the zoning ordinance is to eliminate the possibility that a development proposal in certain watersheds could increase the impervious surface maximums of the ordinance by using the BMP approach. One reason that the County did not allow watershed BMP's was the State rule that required local governments perform annual inspections and make annual reports to the State on all BMP's. This was an unfunded mandate passed to the local jurisdictions with the potential far State implemented fines on the County for noncompliance by the property owners. Therefore, many jurisdictions, Orange County included, decided to not allow BMP's for increasing impervious surtace ratios. This amendment is to add language in the watershed section of the zoning ordinance that clarifies the apparent conflict with the Neuse River Basin regulations and, at the same time, maintains the current prohibition against BMP's being used to increase impervious surface ratios. FINANCIAL IMPACT: No fiscal impact is associated with this action. RECOMMENDATION(S): Planning Staff recommends Approval of the Zoning Atlas Amendment. Administration recommends referring the amendment to the Planning Board for a recommendation back to the Board of County Commissioners no sooner than August 21, 2001 meeting. ~~ _.. V...y f..' 1. Residential Devel opment Amended 1 /4/94 DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL) UNIV-CA 6% impervious surface limit. UNIV-PW EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). * BIvIPs cannot be used to satisfy watershed impervious surface requirements. CANE-CA 6% impervious surface limit. CANE-PW EXCEPT for lots smaller than two acres which existed U-ENO-CA prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). * BIvIPs cannot be used to satisfy watershed impervious surface requirements. LITTLE-PW 6% impervious surface limit. . EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). * BIVIPs cannot be used to satisfy watershed impervious surface requirements. FLAT-PW 12% impervious surface limit for new and existing HYCO-PW lots. * BMPs cannot be used to satisfy watershed impervious surface requirements. U-ENO-PW 12% impervious surface limit for existing and new lots BACK-PW outside of Transition Areas as designated in the Orange County Land Use Plan. * BIvlps cannot be used to satisfy watershed impervious surface requirements. 30% impervious surface limit for developments which exceed a density 1 du/acre within Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are required if impervious surface exceeds 12%. * BMP's as mandated by the St°rmwater Managem ent Program for Lands within the Meuse River Basin are allowed. ~* DISTRICT IlVIPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL) L-ENO-PW 24% impervious surface limit with curb and gutter. 36% impervious surface limit without curb and gutter. • BMPs cannot be used to satisfy watershed impervious surface requirements. HAW-PW 24% impervious surface limit. JORDAN-PW BMPs cannot be used to satisfy watershed impervious surface requirements. '" BMF's gs mandated by the Stormwater Management Program folr Lantls w~tnm the Neuse xrver tsasm are auowea. 2. Non-Residential Develo ment Amended 1/4/94, 10/19/99 U a? r ~!~ DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) iJN1V-CA Same as Residential (See previous Table) UNIV-PW ~. CANE-CA 5-acre minimum lot size, with potential of up to five lots as small as two acres far lots of record October 19,1999 (Amended 10-19-99); AND 6% impervious surface limit. * BMPs cannot be used to satisfy watershed impervious surface requirements. U-ENO-CA 2-acre minimum lot size AND 6% impervious surface limit. * BMPs cannot be used to satisfy watershed impervious surface requirements. CANE-PW S-acre minimum lot size with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10-19-99); AND 50% ISR for all fire stations and solid waste collection centers; . AND 12%ISR for all other non-residential uses; AND" on-site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non-residential use (139 acres in CANE- , per. *BMPs cannot be used to satisfy watershed impervious surface requirements. LITTLE-P W 2-acre minimum lot size AND 50%ISR for all fire stations and solid waste collection centers; AND 12%ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non-residential use (139 acres in CANE- . PW). *BMPs cannot be used to satisfy impervious surface watershed requirements. '" BMP's as mandated by the Stormwater Management Program for Lands within the Neuse River Basin are allowed. u-ENO-Pw ~o°io BACK-PW ISR in Commercial and/or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan (high-density option) with structural BMPs if ISR ~ 12%; AND 50%ISR for all fire stations and solid waste collection centers outside of Commercial and/or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan, with structural BMPs if ISR ~ 12%; AND 12%ISR for all other non-residential uses outside of Commercial and/or r Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan (* BMPs cannot be used to satisfy impervious surface watershed requirements); 'AND on-site infiltration of the first inch of stormwater runoff; AND A limit of 1,151 acres ofnon-residential use throughout U-ENO-PW (5.0%) and 163 acres throughout BACK-PW (1%). HYCO-PW 50%ISR for all fire stations and solid waste collection centers; FLAT-PW AND 12% ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1% of the watershed for.non-residential use (37 acres in HYCO- PW, 66 acres in FLAT-PW). *BMPs cannot be used to satisfy watershed impervious surface requirements. L-ENO-PW 70% impervious surface, with structural BMPs required when impervious surface exceeds: ' 24% (w/ curb and gutter); or 36% (w/o curb and gutter). HAW-PW 24% impervious surface limit. JORDAN-PW *BMPs cannot be used to satisfy watershed impervious surface requirements. " BMP's as mandated by the Stormwater Management Frogram for Lands within the Neuse River Basin are allowed. 3. Modif cations of the Impervious Surface Ratio Modifications of the Impervious Surface Ratios my be requested through one of the following provisions: a) Through variance procedures of the Board of Adjustment, as described in Article 6.23.1 lb.