HomeMy WebLinkAboutAgenda - 10-01-2003-8lORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: October 1, 2003
Action Agenda
Item No. ~L
SUBJECT: Land Use Plan Amendment to Incorporate Water and Sewer Management, Planning
and Boundary Agreement and Map
DEPARTMENT: Planning and Inspections
PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
• Attachment 1 -Water and Sewer Management,
Planning and Boundary Agreement and Map
• Attachment 2 -Sections of Plan Proposed for
Amendment
Attachment 3 -Orange County Water and Sewer
Policy
Attachment 4 -Question/Comment and Responses
from Public Hearing
INFORMATION CONTACT:
Craig N. Benedict, ext. 2592
TELEPHONE NUMBERS:
Hillsborough 732-8181
Chapel Hill 968-2700
Durham 688-7331
Mebane (336)227-2031
PURPOSE: To consider adoption of a proposed amendment to the Land Use Element of the
Orange County Comprehensive Plan to incorporate the Water and Sewer Management, Planning
and Boundary Agreement and Map.
BACKGROUND: The Water and Sewer Management, Planning and Boundary Agreement was
developed by a task force over a period of seven years. Task force membership included elected
officials and staff from Orange County, Chapel Hill, Carrboro, Hillsborough, and OWASA. The
Board of County Commissioners on December 3, 2001 adopted the agreement in its final form.
Other task force members adopted the agreement also. This agreement's map was incorporated
into the Joint Planning Agreement in 2002 which can be an asset in land use decisions of that area.
The preamble to the agreement states the following purposes:
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.
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.
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4. To provide for predictable long-range water and sewer capital improvement planning and
financing.
5. To provide for limitations on water and sewer service in certain areas, as defined.
Linking the Water and Sewer Management, Planning and Boundary Agreement with the Land Use
Element of the Orange County Comprehensive Plan is part of an overall strategy to align local
government land use decisions with public water and sewer permitted areas. Accordingly,
inconsistent requests for land use amendments by third persons seeking connection to public water
and sewer systems would not be recommended for approval. This method is used in other areas
around the country to ensure that local government utility plans and land use plans are not thwarted
through demands by land owners and the development community insisting that public water and
sewer connections be made contrary to the planned service area of the utilities.
Proposed amendments included:
1. Incorporating the Water and Sewer Management, Planning and Boundary Agreement and Map
(Attachment 1) as Appendix G to the Land Use Element of the Orange County Comprehensive
Plan.
2. Adding the following text (Attachment 2) to sections 2.3 (WATER RESOURCES), 3.5 (LAND
USE GOALS AND DRAFT POLICIES), and 4.1 (OVERVIEW OF IMPLEMENTATION
STRATEGIES) of the Plan:
A task force composed of elected officials and staff from Orange County, Chapel Hill,
Carrboro, Hillsborough, and OWASA developed over a period of seven years, a Water
and Sewer Management, Planning and Boundary Agreement and Map that depicts
primary service areas and long-term interest areas. The Board of County Commissioners
adopted the agreement in its final form on December 3, 2001. The Agreement and Map
are incorporated as Appendix G to Phis plan.
3. Reviewing policies included in the Orange County Water and Sewer Policy (Attachment 3)
approved April 3, 1989 and amended September 3, 1991, but never incorporated into the Land
Use Element of the Orange County Comprehensive Plan.
Attachment 4 summarizes questions/comments and responses from the public hearing.
The Planning Board considered the proposed amendments to the Zoning Ordinance, Subdivision
Regulations, and Land Use Element of the Comprehensive Plan at their meeting on September 3,
2003 and unanimously recommended approval.
FINANCIAL IMPACT: None.
RECOMMENDATION(S): The Administration recommends approval of the proposed amendments
consistent with the Planning Board recommendation.
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Attachment 1
WATER AND SEWER MANAGEMENT~~ PLANNING
AND BOUNDARY AGREEMENT
S AGREEMENT, made and entered into this ~ day of
~~~ ti 41, 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
HILLSBOROUGH, 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 1 of the North 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:
h PREAMBLE
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
1994, a Task Force was formed 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.
B. 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.
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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 long-range water and sewer
capital improvement planning and financing.
5. To provide for limitations on water and sewer service in
certain areas, as defined.
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II: NOW THE AGREfMfNT WORKS
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 (10) 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.
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2. The addition of other parties to this agreement shall be
by consent of the current parties.
E. Procedure for withdrawal from decision not to renew the
agreement
1. A party may not withdraw from the agreement, until it
holds a public hearing on the proposed withdrawal
followed by written notice to the other parties within 30
days of the public hearing. The withdrawal shall be
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 parry 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 financially and technically capable of
providing water/sewer service to address public health
emergencies or other identified public facility needs, as defined
by the parties of the boundary agreement. The provider must
have adequate system capacity, technical capability and
financial assets to address system problems within its interest
area without compromising service to current customers.
G. Courtesy Review of Development Proposals Within
Service and Interest Areas
The water and sewer providers that are parties to this agreement
will be provided courtesy review and the right to provide
written input into utility design and the provision of easements
for 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 agreement with development
plan review authority shall retain approval authority for all
development proposals within its planning jurisdiction.
H. Linkage with the Orange County-Chapel Hill-Carrboro
Joint Planning Agreement and other future agreements
This agreement shall be made part of the Orange County-Chapel
Hill-Carrboro Joint Planning Agreement, by reference, and to any
future cooperative planning agreements that may be entered into
among some or all of the parties. Termination of the Joint
Planning Agreement or any other cooperative planning
agreement does not terminate this agreement. Termination of this
agreement can only be accomplished as provided in this
agreement. Similarly, the withdrawal of a parry from the Joint
Planning Agreement or from any other cooperative planning
agreement does not constitute withdrawal from this agreement.
Withdrawal from this agreement can only be accomplished as
provided in this agreement.
111. DEFIHiT10NS
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 .
2. As per the mop in Appendix A, the Town ojHi!lsborongh Low-Term lruerest Area awd Primary Service Area are combined mid jor purposes of this agreemem is
its Prinmry Servia 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 services are to be provided, OWASA will be the
responsible utility service provider. Long-Term Interest Areas are not
service areas, and do not include areas outside of Orange County.
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OWASA's Long-Term Interest Area is hereinafter referred to as
OWASA's "interest area."
Orange County Long-Term Interest Area: The areas of Orange
County planning jurisdiction (as shown on the Water and Sewer
Service Boundary Map, which is Appendix A) not part of a Primary
Service Area or another Long-Term Interest Area within which public
water and/or sewer service is not anticipated to be made, but if such
services are to be provided, Orange County will be responsible for
coordinating the provision of utility service. Long-Term Interest
Areas are not service areas, and do not include areas outside of
Orange County. Orange County's Long-Term Interest Area is
hereinafter referred to as Orange County's "interest area."
Essential Public Facility: Apublicly-owned facility, or a facility
wholly financed by Federal, State or local government (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 Health
Condition exists in the case of a wastewater system(s) when it is (1)
failing, (2) documented to be failing by the Orange County Health
Department, and (3) no on-site repair is approvable or recommended
by the Orange County Health Department; or, in the case of a well
water supply system, it meets all of the following criteria:
• the well water supply system is contaminated with
a microbial, chemical or other agent which is
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
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 new well
water supply system which can be permitted under
Orange County Health Department regulatory
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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.
A description of these terms and their application is provided in
Section VI of this Agreement.
Public Water or Public Sewer Service: The provision of water
and/or sewer service by a party to this agreement. This definition does
not include consulting services and/or technical assistance services.
Emergency Water Transfer: Any short-term transfer of raw water
supply or fmished drinking water supply from one service provider to
assist another service provider in meeting water needs during:
a) unanticipated disruptions or emergencies relating to raw or
finished water supply. Such disruptions or emergencies may
result from events including, but not limited to: (i) human error;
ii) equipment or power failure; iii) supply contamination; iv)
major fires, floods, droughts or other disasters; and v)
operations or .facility maintenance activities, or
b) periods when temporary, short-term disruption of water
supply or finished water service may occur as a result of
planned or unplanned maintenance of major water supply,
pumping, transmission, treatment, or storage facilities.
Non-Emergency Water Transfer: Any transfer from one water
service provider to another water service provider of raw water supply
or finished drinking water supply which is not an emergency water
transfer.
Wastewater Transfer: Any transfer from one wastewater service
provider to another wastewater service provider.
Water and/or Sewer Provider: A municipal 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 water and/or sewer
service to the public.
IV. BOUNDARf~S
A. Service Areas and Interest Area Boundaries
The service area and interest area boundaries are as shown in
Appendix A.
B. Adherence to Boundaries
1. The boundaries on the map (Appendix A) define the areas
in which the parties may provide water and sewer service,
and no party to this agreement shall extend service beyond
the designated boundaries, except as provided in this
agreement. In no case shall service be extended beyond
the boundaries of Orange County without the approval of
the elected boards which exercise planning jurisdiction on
either side of the County boundary. Any extension of lines
or service into Chatham County requires the approval of
Orange County, Chapel Hill or Carrboro, and OWASA.
2. OWASA presently provides water and sewer service
outside of the OWASA Service Area shown on Appendix
A as follows:
location service provided
Heritage Hills Subdivision water and sewer
Rangewood Subdivision water and sewer
Piney Mountain Subdivision sewer only
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OWASA may continue to provide water and sewer service
and may extend water and sewer service within these
subdivisions provided it does so consistent with OWASA
policies and interlocal agreements related to these services
that exist on the effective date of this agreement. Any
change to those policies and interlocal agreements after the
effective date of this agreement can only be accomplished
by an amendment to this agreement.
V. PROCEDURES FOR;,PROV~a1NG~SERViCE
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.
B. 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, or to
provide service to an essential public facility, the
designated provider for the service area or interest
area shall have the right of first refusal to provide such
service.
2. Within the service areas and interest areas, the water and
sewer provider will agree to provide service, as defined
in this agreement, as system capacity, financial resources,
and other reasonable utility considerations allow, and as
provided in this agreement.
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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 condition.
2. If the designated water and sewer provider declines to
provide service, it must notify the other parties to the
agreement with a statement of rationale.
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 provider is available, Orange
County retains the right to address the adverse public
health condition or essential public facility need in the
manner prescribed in Section VI of this agreement.
111.: LIMITATIONS ON SERVICE
A. Prohibitions and Limitations on 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, VI.C, VI.D, VI.F, VILA, VII.B, VII.C}3. Individual on-
site and smalUcommunity-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.
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B. Adverse Public Health Conditions
An exception to the prohibition of public water anal 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 health condition exists where:
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 Health Department;
• there is no on-site repair approvable or
recommended by the Orange County Health
Department.
The following terms used in the criteria above mean:
Failing Wastewater System: A wastewater system is failing
when sewage or effluent is seeping or discharging to the ground
surface or to surface waters. A permitted, properly-functioning
non-discharge wastewater system (e.g., aspray-irrigation
system) and a permitted, properly-functioning discharge
system are not failing wastewater systems.
Ap~rovable On-Site Repair: An approvable on-site wastewater
system repair that can be completed in a designated repair area
which is approvable under Orange County Health Department
regulatory soiUsite criteria in effect at the time of the needed
repair.
Recommended On-Site Repair: 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 certified by an engineer to
overcome all soiUsite limitations in the particular situation), site
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or system modification,. flow reduction or other measures
calculated to improve functionality of the system.
2. In the case of an existing well water supply system(s), it meets
all of the following criteria:
• the well water supply system is contaminated with
a microbial, chemical or other agent which is
known to cause disease or other serious health
effects;
• the well water supply system is not reparable to the
point where the contamination can be eliminated;
• the water 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 new well
water supply system which can be permitted under
Orange County Health Department regulatory
criteria in effect at the time of the contamination or
an alternative site is unacceptable because
widespread existence of contamination or because
of the .potential of contaminant migration to the
alternate site.
The following terms used in the criteria above mean:
Well: A well is any 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 Supp1Y System: 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 and
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pipe used in connection with or pertaining thereto,
including well pumps, distribution pipes, plumbing pipes,
tanks, f ttings, 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 final decision to use any particular means or tool for
rectifying ,any particular adverse public health condition
remains, through zoning regulations or other land use
ordinances, with the governmental entity or entities having
zoning or planning jurisdiction over the 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 which of the JPA
parties shall jointly decide on the appropriate means or tool for
rectifying an adverse public health condition. Public water or
public sewer lines extended to provide service to an adverse
public health condition or essential public facility cannot be
used for other purposes or other parties, except as provided in
Section VLD.
C. Sizing of Lines Extended 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. However, in the case of a public
water line extension, provisions shall be made to address
adequate line sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public water or public sewer lines extended to provide service
to an adverse public health condition or essential public facility
cannot be used for other 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 efficient use of existing water and sewer service.
Preferably, a set of criteria governing such situations would be
developed based on consultations between the appropriate
school boards and the elected officials of affected jurisdictions,
and applied as necessary.
Publicly-owned facilities other than a public school shall be
located in a manner that promotes the orderly provision of
water and sewer service. The preferred method of connection is
to lines that already exist, or in a manner that would minimize
the need to extend existing lines.
F. Water and 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 either 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 Carrboro.
VII. WATER TRANSFERS AND WASTEWATER TRANSFERS
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. For the purpose of this
Agreement, short-term duration shall be reviewed at 30
days, 60 days and 90 days, with subsequent 90-day
intervals up to one year, as per the following process:
a. After 30 days duration, a memo from the chief
administrative officials of the service providers
will be sent to the managers of the jurisdictions
that are parties to this Agreement. 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 water
shall notify its elected board (or, in the case of
OWASA, the member government elected boards)
on the status of the emergency and provide
_ opportunity for the boards to review and comment
on the situation. The receiving provider shall
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
365 days from inception. Lack 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 30-day point, the service provider shall
determine that adequate water and other resources
and facility capacities are available to support the
extended emergency transfer without adversely
affecting the quality and quantity of water supply
and services to customers within its service area,
and without adversely affecting environmental
quality within its service area;
AND
2. Are not intended to provide raw or finished water supply
necessary to support new growth and development within
the service area of the service provider receiving the
transfer. Neither party shall, in planning for future
growth and associated increases in water supply needs,
rely upon water from the other party supplied under this
agreement to serve such growth. .
a. A service provider experiencing a water
emergency and receiving emergency water
transfers must agree to act expeditiously and
adequately to mitigate and remove the causes of
the emergency conditions.
B. Non-Emergency Water Transfers (This subsection shall not
apply to the Town of Hillsborough until January 1, 2005.)
Non-emergency water transfers are only permitted with the
approval of the Orange County Board of Commissioners and
the elected or appointed boards of the service providers
providing and/or receiving the transfer. If OWASA is the
service provider, approval must come from the OWASA Board
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of Directors and the elected boards of Carrboro, Chapel Hill
and Orange County.
C. Wastewater Transfers
Wastewater transfers are only permitted with the approval of
the Orange County Board of Commissioners and the elected or
appointed boards of the service providers providing the transfer.
If OWASA is the service provider, approval must come from
the OWASA Board of Directors and the elected boards of
Carrboro, Chapel Hill and Orange County.
VIII......: LINItAGE TO OTNER AGREEMENTS
Linkages to Other Agreements
There are a number of existing agreements among the parties to
this agreement that are relevant to the management and
planning of public water. and sewer service. In addition, this
agreement and those listed below should all be read together.
Where inconsistencies exist, this agreement shall control,
except as otherwise provided by law. 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-Hillsborough Bulk Water Transfer Agreement
• Chapel Hill-Durham Annexation Agreement
• Mutual Aid Agreement
• Jordan Lake Allocations from NC DEHNR
• OWASA Agreements of Purchase and Sale between 1)
OWASA and Carrboro, 2) OWASA and Chapel Hill, and
3) OWASA and UNC
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• OWASA Agreement and Policy related to extensions 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 sewer service
f1L APPENDICES
A. Water and Sewer Service Boundaries Map
B. Charge to the Water and Sewer Boundary Task Force
C. Toolbox of Remedies for Adverse Public Health Conditions
D. Joint Planning Area Boundary Map
E. Comprehensive Plan Land Use Maps for all Orange County local
governments, and of Chatham County
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THIS AGREEMENT ENTERED INTO THIS ~ ~ DAY OF
Chair, Orange~a>~y Boa~i of Commissioners
irk to the Or~nge County Boafd of Commissioners
/"~..~•e..,.,r
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rib ~ ~1
~' '!'co May r, Town of Chapel Hil
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O~ ~ ,
' ~~ CA rk, Town of Chapel Hill
~~`~unuun~°un~ii ~~
o~``` OF CAq '~,,,o
~. `~~OReORgTFO 9p Mayor, Town of Carrboro
Attest: ° ~ __
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of
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Chair, OWASA Board of Directors
Isg:orangecounty~41701 versionwatsewclean.agt.doc
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Attachment 2
Excerpt from Section 2.3, Water Resources, of the Land Use Element-
Orange County Comprehensive Plan
The Long Range Water Management Strategy Committee had a different task,
recommending the management strategy and financing option best able to
supply Orange County with an adequate supply of water. The Committee also
reviewed best supply options and, while agreement was not universal, leaned
towards a new reservoir in Orange County as the best long-term source with
Jordan Lake being pursued as a parallel option.
The Committee agreed that the status quo was unacceptable, although no
consensus was reached on an end water management structure. Because the
Committee concluded that there were desirable benefits to a consolidated water
and sewer entity, however, members chose to recommend incremental action as
a first step towards meeting the long-range water needs of Orange County. To
this end, the Committee recommended the creation of an Orange County Water
Board, to be invested with five initial charges;
1) Pursue an allocation from Jordan Lake on behalf of the County and its
water providers;
2) Pursue an inter-local agreements with water providers in Alamance
County;
3) Work with the County's consulting engineers on Phase II of the Orange
County Water Supply study, which would focus on more precise
engineering and cost data for the water supply options recommended
in the Orange County Water Supply Study, Phase I, released in
November 1987;
4) Work cooperatively with the various water and sewer service providers
and municipalities in the County, including Mebane and Durham, to
identify and develop a joint agreement on service area boundaries
(a task force composed of elected officials and staff from Orange
County, Chapel Hill, Carrboro, Hillsborough, and OWASA
developed over a period of seven years, a Water and Sewer
Management, Planning and Boundary Agreement and Map that
depicts primary service areas and long-term interest areas. The
Board of County Commissioners adopted the agreement in its
final form on December 3, 2001. The Agreement and Map are
incorporated as Appendix G to this plan); and,
5) Develop a water conservation program for all of Orange County.
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With the exception of the first charge, which was constrained by external time
limits, no priorities were attached to these responsibilities.
Attachment 2
Excerpts from Section 3.5, Land Use Goals and Draft Policies, of the Land Use
Element- Orange County Comprehensive Plan
CATEGORY: COMMUNITY FACILITIES AND SERVICES
GOAL NINE: The provision of water and sewer lines in those areas which can
be practically and efficiently served by these facilities.
9.1 Develop and implement a cooperative joint planning process
among the County municipalities and those organizations responsible for
water and sewer lines to guide the extension of lines in accordance with
the land use plans and policies of the affected jurisdictions. A task force
composed of elected officials and staff from Orange County, Chapel
Hill, Carrboro, Hillsborough, and OWASA developed over a period of
seven years, a Water and Sewer Management, Planning and
Boundary Agreement and Map that depicts primary service areas
and long-term interest areas. The Board of County Commissioners
adopted the agreement in its final form on December 3, 2001. The
Agreement and Map are incorporated as Appendix G to this plan.
9.2 Establish Urban Service Areas for Chapel Hill, Carrboro,
Hillsborough, Mebane and Durham which will correspond with the 10-year
and 20-year Transition Areas. Water and sewer lines should be directed
to those areas which contain and are appropriate for higher density levels
of residential, commercial, and industrial development. A task force
composed of elected officials and staff from Orange County, Chapel
Hill Carrboro, Hillsborough, and OWASA developed over a period of
seven years, a Water and Sewer Management, Planning and
Boundary Agreement and Map that depicts primary service areas
and long-term interest areas. The Board of County Commissioners
adopted the agreement in its final form on December 3, 2001. The
Agreement and Map are incorporated as Appendix G to this plan.
23
Attachment 2
Excerpts from Section 3.5, Land Use Goals and Draft Policies, of the Land Use
Element- Orange County Comprehensive Plan
GOAL ELEVEN: Adequate and appropriate sewer disposal facilities for all current and
future residents.
11.2 Identify service by centralized water and sewer service systems (Towns of
Hillsborough and Mebane, Orange-Alamance Water Systems
Incorporated and Orange Water and Sewer Authority) as most appropriate
at the higher-density levels which occur in the Urban and Transition Areas.
A task force composed of elected officials and staff from Orange
County, Chapel Hill, Carrboro, Hillsborough, and OWASA developed
over a period of seven years, a Water and Sewer Management,
Planning and Boundary Agreement and Map that depicts primary
service areas and long-term interest areas. The Board of County
Commissioners adopted the agreement in its final form on December
3, 2001. The Agreement and Map are incorporated as Appendix G to
this plan.
24
Attachment 2
Excerpt from Section 4.1, Overview of Implementation Strategies, of the Land
Use Element- Orange County Comprehensive Plan
Sewer and Water Extension Policy
A water and sewer extension policy refers to an official or unofficial policy or policies
regarding the expansion of centralized sewer and water systems into previously
unserviced areas. The presence or absence of water and sewer facilities
significantly affects location and intensity of development in a given area.
Without the provision of centralized sewage collection and disposal land can only be
developed for rural uses at rural densities.
The provision of public services and facilities should not seek to follow private
development, but should occur simultaneously with planning efforts to channel
development over time in a manner consistent with the goals and policies outlined in
the Land Use Plan. Public facilities should be designed to serve a specific purpose
given a desired location, density and form of private development.
Orange County is presently involved in efforts directed at formulating water and
sewer extension policies in coordination with economic and industrial development
policies and plans for the County. The County has not played a major role in the
provision of water and sewer facilities in the past.
A task force composed of elected officials and staff from Orange County,
Chapel Hill, Carrboro, Hillsborough, and OWASA developed over a period of
seven nears, a Water and Sewer Management, Planning and Boundary
Agreement and Map that depicts primary service areas and long-term interest
areas. The Board of County Commissioners adopted the agreement in its final
form on December 3, 2001. The Agreement and Map are incorporated as
Appendix G to this plan.
25
26
Attachment 3
WATER & SEWER POLICY
ORANGE COUNTY, N.C.
Draft: 7-31-87
Revisions: 8-26-87
9-2-87
11-16-87
11-24-87
9-17-88
11-21-88
1-31-89
2-7-89
3-30-89
Approved: 4-3-89
Amended: 9-3-91
27
Table of Contents
Page No.
Purpose 1
Goal 1 -Water Supply 2
A General Policies 2
B. Watershed Protection Policies 2
Goal 2 -Sewage Disposal 4
A_ General Policies 4
B. Alternative Systems Policies 4
Goal 3 -Development Patterns 6
A_ General Policies 6
B. Service Capability/Capacity/Extension Policies 6
Goal ~ -County Financial Participation 8
A_ Geaerai Policies 8
B. Application Policies 8
C. Selection Policies -Projects For 9
Economic Development
D. Selection Policies -Projects Serving An 9
Essential Public Service Or Correcting
A Public Health Emergency
E. Funding Priorities And Sources 10
F. Repayment Of County Investment 10
G. Financial Participation In Estensfons Or 11
Expansions Of County-Owned Systems
Goal 5 -Access and Availability Fee Policies
(RESERVED )
28
Purpose
This policy statement identifies Orange County's role in the
provision of water and/or sewage disposal services for the
following general purposes:
i _ To correct a public health emergency;
2_ To provide service to an essential public facility;
3_ To provide for economic development opportunities; and
4_ To provide bases, consistent with the Orange County
Comprehensive Plan, for the extension and expansion of
existing water and sewer services_
This policy has been developed to be compatible with the
existing goals and objectives of the Orange County
Comprehensive Pian .and has been organized around the
following goal statements:
1 _ /assist in providing clean and safe water supplies to meet the
needs of the residents of Orange County.
2 _ Assist in providing adequate and appropriate sewage
disposal facilities for current and future residents.
3_ Within the County's planning jurisdiction, establish
development patterns compatible with the goal of directing
urban growth to areas where it is desirable and can be
practically and efficiently served by water and sewer
facilities.
4_ Establish a basis for Orange County's financial participation
in the provision of water and /or sewer services and
facilities. .,
5_ Establish a system of fees to assist in the financing of water
and/or sewer services and facilities. (RESERVED)
The County's role in achieving each of the above mentioned
goals is identified herein.
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GOAL 1 - WATER SUPPLY
Assist in providing clean
needs of the residents of
A. General Policies
and safe water supplies to meet the
Orange County.
1. Orange County will assist municipalities and water
providers within the county and surrounding
jurisdictions in efforts to identify, protect, and
develop required water supplies so that available
resources are balanced with existing and projected
needs on a local and regional basis.
2. Orange County's primary responsibility will be to
assist in the protection and development of water
resources, including the establishment of necessary
organizational structures and arrangements that
would operate and maintain raw water and treated
water resources.
3. Water supply needs should be met consistent
with the land use plans and growth management
policies of Orange County, municipalities within
the county, and surrounding jurisdictions;
watershed protection policies; and environmental
protection policies.
4. The type of water distribution facilities
appropriate for an area should be identified as a
function of the magnitude of present and future
demand; the distribution of users; the present and
potential availability of public utility services;
and the capacity of the natural environment to
absorb the impact. The determination of appropriate
types of water distribution facilities in the
County should be made in close cooperation with
utility service providers, both
public and private, and with municipalities.,
B. Watershed Protection Policies
1. Watershed protection should be given a high
priority in any activity related to land use
planning in Orange County. Orange County will, in
those areas for which it has planning and zoning
jurisdiction and authority, use this authority to
designate protected watersheds in the Land Use
Element of the Comprehensive Plan for the purpose
of protecting those areas from environmental
impacts adverse to water supply sources.
2. Local and regional watershed standards and policies
should be adopted and implemented which minimize
potential adverse impacts on water quality in water
-?-
30
supply watersheds.
3. Orange County will support the programs of the
Soil Conservation Service and Sedimentation and
Erosion Control, and will participate in region-
wide water quality monitoring programs.
-3-
31
GOAL 2 - SEWAGE DISPOSAL
Assist in providing adequate and
facilities for current and future
A. General Policies
appropriate sewage disposal
residents.
1. Sewage disposal needs should be met in a manner
consistent with the land use plans and growth
management policies of Orange County,
municipalities within the county, and surrounding
jurisdictions; watershed protection policies; and
environmental protection policies.
2. The type of sewage disposal facilities appropriate
for an area should be identified as a function of
the magnitude of present and future demand; the
distribution of users; the present and potential
availability of public utility services; and the
capacity of the natural environment to absorb the
impact. The determination of appropriate types of
sewage disposal facilities in the County should be
made in close cooperation with utility service
providers, both public and private, and with
municipalities.
3. On-site disposal should be encouraged in low-
density and rural areas where soil conditions are
acceptable. The County should establish a public
education program to inform home and property
owners of issues, concerns, and operation and
maintenance needs associated with on-site sewage
disposal systems.
4. Wastewater disposal shall be accomplished and
discharge shall be treated in compliance with all
applicable local, State, and Federal laws and
regulations.
S. Alternative Systems Policies
1. The elimination of administrative and informational
barriers to the use of safe, sanitary alternative
wastewater treatment ,systems within the County
should be encouraged: The adequate long-term
operation of such system must be assured.
2. Alternative wastewater treatment systems include:
a. Discharge systems such as package treatment
plants which discharge into a natural water
course and do not depend on the soil for
treatment.
b. Non-discharge systems which are used where
_ n._
32
pollutants found in the wastewater can be
adequately removed through distribution to the
soil. Non-discharge systems are generally
known as ground absorption systems consisting
of land application systems by spray
irrigation onto the surface of the soil and
variations of the conventional ground
absorption system based on low pressure
injection of wastewater into the soil.
3. The use of alternative wastewater treatment systems
as a means of sewage disposal will be permitted
consistent with local, State, and Federal laws and
regulations only in the following situations:
a. On land unsuitable for conventional on-
site sewage disposal systems and which is
not served by public sewer; or
b. On land suitable for conventional on-site
sewage disposal systems and which is not
served by public sewer but where, through the
.clustering of dwelling units, open space is
preserved for providing recreation areas
and/or for scenic, environmental and
agricultural protection purposes.
In the case of new development, such systems will
be permitted only in conjunction with the approval
of a Special Use Permit for property located in a
zoned township or a Preliminary Subdivision Plat
for property located in an unzoned township.
4. Orange County will evaluate the feasibility of
establishing an inspection and monitoring program
for alternative wastewater treatment systems, will
explore a bonding requirement, and will explore
alternative institutional arrangements for shifting
the operation and maintenance of such systems into
the public domain.
-5-
GOAL 3 - DEVELOPMENT PATTERNS
Within the County's planning jurisdiction, establish
development patterns compatible with the goal of directing
urban growth to areas where it is desirable and can be
practically and efficiently served by water and sewer
facilities.
A. General Policies
1. Public water and sewer facilities should be
extended in accordance with the Land Use Element of
.the Orange County Comprehensive Plan. Such
facilities will be encouraged, where they are
available, in the Plan's Urban and Transition
areas, and will be discouraged in Rural and
Agricultural areas except where their provision
will enhance the rural character and provide for
open space by allowing clustered development.
2. Joint planning should be developed and implemented
among the County, its municipalities, surrounding
jurisdictions, and utility providers responsible
for water and sewer service to guide the extension
of lines in accordance with joint land use plans
and water/sewer service boundary agreements.
B. service Capability/Capacity/Extension Policies
1. A water or sewer system built or extended within a
Transition area as defined in the Land Use Element
of the Orange County Comprehensive Plan shall be
designed, sized, and constructed to the standards
of the probable future public utility provider.
The location and size of utility easements shall be
approved by and dedicated in the form of a deed of
easement to the probable future public utility
provider.
2. A development project to be served by a public
or private water or sewer system must be assured of
installation of such service at the time it is
approved.
"Assured of installation" shall mean that the
municipality, private-association or water or
sewer authority to whose system the development
project is to be connected has reviewed and
approved preliminary plans for proposed water
and sewer lines, the adequacy of the existing
system(s) to which the connection(s) will be made,
the capacity of existing water and sewer treatment
facilities, the carrying capacity of the discharge
stream or discharge point, and the method of
funding proposed extensions of water and sewer
lines. The approval by the municipality, private
association, or water or sewer authority shall
contain a certification that service to the
33
-6-
development project is .authorized by any water
management plan and discharge permit in effect at
the time of approval.
Following review and approval of preliminary plans
as described above, the board of directors or
governing board of the municipality, association or
authority must have approved, through formal
resolution or other agreement, the provision of
water and/or sewer service to the development
project.
3. Outside of Transition Areas, extensions of water or
sewer systems will only occur to provide service. to
an essential public facility, such as a school, or
to remedy a public health emergency not otherwise
correctable, such as a failing septic tank or
failing package treatment plant.
Generally, system extensions into areas outside of
Transition Areas shall be sized according to the
policies of the utility providing the water or
sewer service. However, system extensions into and
within the Rural Buffer and Water Quality Critical
Areas shall be sized to address only the concern
for which the systems are extended.
Valid written water and/or sewer service agreements
for locations in the Rural Buffer and Water Quality
Critical Areas which were valid prior to April 3,
1989, and in which a municipality (including Orange
County) or a water/sewer authority is a party and
is the water/sewer provider may be carried out to
the level of service for which the agreements were
originally written. However, the water and/or
sewer service established by such an agreement
shall be extended only for uses and densities
permitted by the Orange County Zoning Ordinance.
4. Development projects outside the Rural Buffer
portion of the Joint Planning Area and outside a
Water Quality Critical Area may access water or
sewer service when existing water or sewer service
is contiguous to the site. However, any such
development project will.only be approved at
densities permitted by the orange County Zoning
Atlas and consistent with the Land Use Element of
the Comprehensive Plan.
"Development project" refers to any place of
residence, business, industry, or assembly, and any
major or minor subdivision,- special use or planned
development which requires the approval of Orange
County through administration and enforcement of
the N.C. State Building Code or its Zoning and
Subdivision Regulations.
34
35
GOAL 4 - COUNTY FINANCIAL PARTICIPATION
Establish a basis for Orange County's financial participation
in the provision of water and/or sewer services and
facilities.
A. General Policies
1. Water and sewer utilities extended to a development
shall be based on good engineering practice and
shall be determined by the long-range plans of the
utility system to which they are to be connected.
Utility extensions will be considered by the County
in conjunction with assessments of potential growth
and service need in the area.
2. Orange County may consider providing financial
assistance for the completion of engineering
studies, easement acquisition, water and sewer
lines, including pipe and ancillary equipment such
as water pumps, sewer pumps, valves, pump houses,
fire hydrants, and water and sewer treatment plants
as well as the actual construction of these
facilities.
3. Orange County may hold title to any water and
sewer facilities which it funds. As a basis for its
financial participation in the utility
system extension, the County may attach conditions
limiting the use of the extension consistent with
the Land Use Element of the Comprehensive Plan.
S. Application Policies
1. A request for funding water and sewer utilities may
be made by any individual, agency or corporation or
any municipality within Orange County; provided,
however, Orange County will enter into water/sewer
supply and/or treatment agreements only with public
bodies and/or utility providers.
2. All requests for funding shall be made to the
County Manager's Office,- accompanied by the
required application material. The Board of
Commissioners may establish funding in the annual
budget for the County share of participation in
water and/or sewer projects. (See Selection
Policies.)
3. Upon receiving a request for water or sewer
utilities, the County Manager will gather the
following information:
a. A map and brief report identifying existing
-S-
36
and anticipated areas of development that
could be served by the requested water or
sewer facilities.
b. Approximate additional cost of installing
utilities necessary to serve existing and
potential development in the area of the
proposed project.
c. Signed statement of the water or sewer service
provider to whose system the requested
utilities will be connected, stating its
willingness and ability to serve the proposed
project as well as other anticipated
development in the area allowed by the Land
Use Element of the Comprehensive Plan.
The statement should demonstrate that the type
of water or sewer facilities proposed are
appropriate for an area in relation to the
magnitude of present and future demand; the
distribution. of users; the present and
potential availability of utility services;
and the capacity of the natural environment to
absorb the impact.
C. Selection Policies - Projects for Economic Development
Water and/or sewer projects to be funded will. be
selected using the following criteria:
1. The project must be assured of having the
proper zoning at the proposed site; and
2. -The project must improve. job opportunities
available to Orange County citizens, especially
for women and minorities; and
3. The project must provide jobs with wage scales
in compliance with Orange County standards
adopted from time-to-time; and
4. The project must have a positive fiscal impact
upon Orange County government (The cost of
services to be provided by Orange County to
the project must be less than the local taxes
and other revenues paid to the County
generated by the project.). A fiscal impact
analysis shall be prepared by the applicant
and verified by Orange County and using a
model provided by Orange County.
D. Selection Policies - Projects Serving An Essential
Public Facility Or Correcting A Public Health Emergency
-~-
37
Water and/or sewer projects to be funded will be
selected using the following criteria:
1. The project must be assured of having the
proper zoning at the proposed site; and
2. If a project is to correct a public health
emergency, the condition cannot be corrected
without water or sewer service.
E. Fundinq~Priorities and Sources
1. Where a project is approved, but funding is not
immediately available, it will be placed on a
funding waiting list. Funding approval by Orange
County pursuant to .this policy is not a guarantee
that Orange County will fund the project to any
extent. It is only a statement by the County that
the project, if funded, will be funded according to
a funding waiting list.
2. Water and/or sewer facilities and/or extensions may
be financed by the following means:
a. County revolving fund;
b. State/Federal grants and loans; and/or
c. County General Fund and Enterprise Fund
contributions. (Includes both capital and
operating funds)
General Fund contributions, both capital and
operating, will be used only if funding cannot be
obtained from other sources.
F. Repayment of County Investment
1. All funds received from the operation of a
County-owned system shall be paid into an
Enterprise Fund. For the purposes of this policy,
an Enterprise Fund is defined as a fund used to
account for operations that are intended to be
self-supporting throtigh charges to users of the
services provided or where the determination of net
income is an important factor.
In all cases where the County's investment is
dependent on an agreement that the County be repaid
all or a portion of its investment, funds received
shall be paid into a Capital Reserve Fund. All
"pay-backs" shall include interest at the rate
charged for assessments under N.C. General Statute
153A-185 or, in the event that the County borrows
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38
money for the extension, at the rate paid by the
County on the debt.
G. Financial Participation in Extensions/Expansions of
County-Owned Systems
1. Orange County's financial participation for
approved projects which are extensions/expansions
to an existing County-owned system shall be limited
to those extensions/expansions where projected
revenues from the extensions equal or exceed the
projected operating costs plus the total debt
service of the extensions by the end of the fifth
year after the project is completed.
GOAL 5 - ACCESS AND AVAILABILITY FEE POLICIES (RESERVED)
-11-
Attachment 4
QUESTION/COMMENT AND RESPONSE
Proposed Amendment to Land Use Element to Incorporate
Water and Sewer Management Planning and Boundary
Agreement and Map
(Presented at August 25, 2003 Quarterly Public Hearing)
Question: What is the effect of this?
Response:
• In the short-term it gives indication of maximum planning limits for water and
sewer.
• Document also addresses policy implications of how and when extensions
occur.
Comment: Doesn't seem to do anything else.
Response: Specifies who is responsible in cases of well and septic failure.
39
G:\Comprehensive Planning Div\GENE\2003 BOCC Agendas\Oct 1\Water Sewer Boundary\WSMPBA & LUE Comment &
Response.doc