HomeMy WebLinkAboutAgenda - 04-07-20; 12-5 - Information Item - Memorandum - Petition to Amend the Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) 1
PLANNING & INSPECTIONS DEPARTMENT
Craig N. Benedict, AICP, Director
Administration 131 W. Margaret Lane
(919) 245-2575 Suite 201
(919) 644-3002 (FAX) ORANGE COUNTY P. O. Box 8181
www.orangecountync.gov NORTH CAROLINA Hillsborough, NC 27278
MEMORANDUM
TO: Board of County Commissioners
FROM: Craig Benedict, Planning Director
Perdita Holtz, Planner III
DATE: April 7, 2020
SUBJECT: Petition to Amend the Water and Sewer Management, Planning,
and Boundary Agreement (WASMPBA)
This memo is to inform the Board of County Commissioners that in mid-February, the
attached petition was sent to all five signatories of the WASMPBA. The subject parcels are
located in the Town of Chapel Hill's ETJ (Extraterritorial Jurisdiction) so Town staff will be
the lead on bringing forward any proposed amendments. The petition requests that two
lots that were formerly within the Town's "urban service area" be allowed to tie-on to
OWASA facilities that have are currently "stubbed out" to the lots. The Town retracted its
urban service area in 2000 when its Comprehensive Plan was revised and the lots in
question are now outside the revised urban service area. The WASMPBA was adopted in
2001 and reflected the Town's urban service area at the time.
Additional staff analysis will be part of any future agenda items. Planners from the
WASMPBA partners have met to begin discussions on this request. If additional
information is needed, please contact Perdita Holtz at (919) 245-2578 or Craig Benedict at
(919) 245-2592.
2
P.M. Dubbeling, PLLC
210 North Columbia Street
Chapel Hill,NC 27514
Kaitlin O'Connor
Phone:919-63M005
Fax: 919-404-7074
kaitliyLoconnor@pmdubbehng.com
14 February 2020
Petition for Approval to Hook Up Existing Water and Sewer Lines at 1204 and
1205 Bayberry Lane in Chapel. Hill
Chapel Hill residents Frank Baumgartner and Rachel Sumney petition Orange
County Board of Commissioners to allow the Orange County Water and Sewer Authority
("OWASA") to provide water and sewer services to 1204 and 1205 Bayberry Drive in Chapel
Hill_ This petition is made for the following reasons:
Background
Frank Baumgartner and Rachel Sumney own lots located in the Hunt's Deserve
neighborhood in Chapel Hill—Lots 1204 and 1205 respectively on the attached map-
Attachment 1. As part of the initial development in the late 1990's, water and sewer lines
were laid to all the lots in Hunt's Reserve, including 1204 and 1205 Bayberry Lane. At that
time, the entirety of Hunt's Reserve was located within the OWASA service 'boundary and it
was understood that all of the lots would have water and sewer service provided by
OWASA.
In 2001, Orange County, OWASA, and the Towns of Chapel Hill, Hillsborough, and
Carrboro entered into a Water and Sewer Management, Planning, and Boundary
Agreement ("WSMPBA")- The WSMPBA set the OWASA primary service boundary so that
it runs down the middle of Hunt's Reserve_ Attachment 1. As shown on the map, lots 100,
3
P.M. Dubbeling, PLLC
1200, 1202, 1204, 1205, and 1203 he outside the current boundary. At that time,
development of lots 100, 1200, 1202, and 1203 had already begun and water and sewer
services were provided to those lots despite their lying outside the new boundary—leaving
1204 and 1205 with water and sewer lines laid, but without actual water and sewer service.
Ms. Sumney bought her lot prior to 2001 and always understood that it would be
provided water and sewer service. She did not find out that it was now outside the OWASA
service boundary until she recently began to prepare the lot for sale. Mr. Baumgartner
bought his lot more recently, but also was unaware that the lot slid not currently have
water and sewer service as this did not become apparent during the standard pre-purchase
procedures. He only became aware of this in speaking with Ms. Sumney.
Petition
Under the WSMPBA, service to the lots at 1204 and 1205 Bayberry Lane may only
be turned on with the approval of each party to the WSMPBA. Attachment 2 at page 2_ This
petition asks for such approval from Orange County Board of Commissioners. Permission of
the other parties is being sought simultaneously.
Service to 1204 and 1205 Bayberry Lane comes at no additional cost to any party to
the WSMPBA that will not be fully recouped from fees paid by the residents. There are
existing water and sewer lines that only require "hook up." Each of the other lots in the
subdivision is currently provided service and, at the time Mr. Baumgartner and Ms.
Sumney purchased these lots, they did so with the understanding that the lots would also
be within OWASXs service boundary. Mr. Baumgartner and Ms. Sumney only became
aware that the lots were now outside the boundary when Ms. Sumney prepared to sell and
develop her lot.
4
P.M. Dubbeling, PLLC
1204 and 1205 Bayberry Lane are in a very rare if not unique situation—water and
sewer lines have already been laid and service was anticipated prior to the change in
boundaries in 2001. By accepting this petition, no party runs the risk of creating a
precedent whereby other properties currently outside the OWASA boundary have a rightful
claim to service. OWASA is only being asked to turn on service through already existing
lines. Conversely, providing services to 1204 and 1205 Bayberry Lane does not provide
grounds for expanding other services areas in Orange County. Again, these lines have
already been laid and the only thing needed is permission to utilize them. Providing
services to 1204 and 1205 Bayberry Lane will not negatively impact any party or subvert
the purpose of the WSMPBA.
Conclusion
Mr. Baumgartner and Ms. Sumney respectfully request that Orange County approve
this Petition by stating that it has no objection to OWASA providing services to 1204 and
1205 Bayberry Drive in Chapel Hill.
Should any Orange County Commissioner or Commissioner staff member have any
questions, T can be reached at the email or phone number below.
This the 141-,h day of February, 2020.
Paui M. Dubbeling
P.M. Dubbeling, PLLC
210 North Columbia Street
Chapel Hill, NC 27514
Phone: 919-535-6005
Fax_ 919-404-7074
paul.dubbehng@pmdubbehng.com
Attorney#or Mr. Baumgarter and Ms. Sumney
5
AFFIDAVIT OF FRANK BAUMGARTNER
I, Frank Baumgartner, have reviewed the contents of the attached Petition for
Approval to Hook Up E)dsting Water and Sewer Lines at 1204 and 1205 Bayberry
Lane in Chapel Hill. The contents of the Petition are true and accurate to the best
of any information and belief.
This the day of February 2020.
Frank Baumgart
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
Sworn and subscribed to before me by Frank Baumgartner this�L day of February
2020.
" Kaitli n O'Connor
kaatlin O'Connor NOTARY PUBLIC
Notary Public Durham County, NC
My Commission Expires a My Commission Expires September 22,2024
AFFIDAVIT OF RACHEL SUMNEY
I, Rachel. Sumney, have reviewed the contents of the attached Petition for Approval
to Hook Up Existing Water and Sewer Lines at 1204 and 1205 Bayberry Lane in
Chapel.Hill. The contents of the Petition are true and accurate to the best of my
information and belief_
This the �� day of February 2020.
Rachel Sumney
STATE OF NORTH CAROLINA
COUNTY OF ORANGE
Sworn and subscribed to before me by Rachel Sumney thisrl day of February 2020.
Ka'tlin O'Connor
Notary Public Kaitlin O'Connor
My Commission Expires a� �'� NOTARY PUBLIC
FDurham County,NC
n Expires September 22,2024
8
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Attachment
ORANGE COUNTY - CHAPEL HILL - CARRBORO 7
- JOIN PLANNING
LAND USE PLAN
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WATERSHED
October, 1986
CHATHAM C.J.
Adopted 10-13-86 Amended 6/9/14
Amended 8-1.6-88
9-6-88 6/17/14
4-2-90 4/7/15
2-3-92 (effective 2/24/52) 12/7/15
2-1-93
2-2-99
8-2Q-02
6-"24-03
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2
8
Exhibit B
WATER AND SEWER MANAGEMENT PLANNING
AND BOUNDARY AGREEMENT
TI-RS AGREEMENT, made and entered into this 3 day of
G � Do , by and between the COUNTY OF ORANGE a
political subdivision of the State of North Carolina; the TOWN OF
CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF
FELLSBOROUGH, municipal corporations duly created and existing-under
the laws of North Carolina; and the ORANGE WATER AND SEWER
AUTHORITY, a public water and sewer authority duly created and existing
under Chapter 162A, Article l of the forth Carolina General Statutes.
WITNESSETH:
In consideration of mutual benefits regarding the definition of water and
sewer service boundaries and the management and planning thereof, the
parties to this agreement hereby mutually agree as follows:
Cll
A. Charge to the Water and Sewer Boundary Task Force
Since the mid-1980's, several attempts to define water and sewer
service boundaries for Orange County and the municipalities of
Chapel Hill, Carrboro and Hillsborough have been undertaken. In
19947 a Task Force was fanned consisting of elected officials
from Carrboro, Chapel Hill, Hillsborough and Orange County, as
well as two members of the Orange Water and Sewer Authority
Board of Directors. The charge to the Water and Sewer Service
Boundary Task Force is attached as Appendix B.
tie purpose of Water and Sewer Boundary Agreement
1. To provide a comprehensive, County-wide system of
service areas for future utility development and
interest areas for dealing with private water and
wastewater system problems in areas without public
water and sewer service.
Attachment 2
9
2. To complement growth management objectives, land use
plans and annexation plans in existing agreements, such as
the Orange County-Chapel Hill-Carrboro Joint Planning
Agreement and Joint Planning Area Land Use Plan
3. To resolve in advance and preclude future conflicts about
future service areas and annexation areas.
4. To provide for predictable Jong-range water and sewer
capital improvement planning and financing.
5. To provide for limitations on water and sewer service .in
certain areas, as defined.
A. Effective Date of the Agreement
This agreement shall become effective upon execution
by all of the parties and signature by the chief elected or
appointed,official.
B. Term of Agreement
This agreement shall remain in effect for ten (1 D) years from its
execution, and shall be renewable as provided in the following
subsection.
C. Procedure for renewal
At the end of each ten year 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.
Attachment 2