HomeMy WebLinkAboutAgenda - 11-17-20; 6-c - Water and Sewer Management, Planning, and Boundary Agreement (WASMPBA) 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 17, 2020
Action Agenda
Item No. 6-c
SUBJECT: Water and Sewer Management, Planning, and Boundary Agreement
(WASMPBA)
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Petition from Property Owners Craig Benedict, Director, 919-245-2575
2. Vicinity Map and Map Depicting Affected Perdita Holtz, Planner III, 919-245-2578
Parcels
3. OWASA/Town of Chapel Hill Water &
Sewer Extension Policy
4. Resolution Approving Amendment
PURPOSE: To:
1. Consider an amendment to the Water and Sewer Management, Planning, and Boundary
Agreement (WASMPBA) in the Town of Chapel Hill's planning jurisdiction in response to
a petition from property owners.
2. Provide feedback on potential future consideration of a policy for staff interpretation of
the mapped boundary, to provide a path for resolving minor discrepancies.
BACKGROUND: In mid-February, the petition in Attachment 1 was received by the five
signatories of the WASMPBA. (Link to the Agreement). An Information Item regarding the
petition was on the April 7, 2020 Board of County Commissioners agenda. While the petition is
in regards to two lots that were formerly (pre-2000) within the Town of Chapel Hill's "urban
service area" and the ability to tie-on to OWASA facilities that are currently "stubbed out" to the
lots, further analysis by staff is recommending that all or part of 11 lots (31.88 acres total) be
added to the "OWASA Primary Service Area" (see map in Attachment 2). The nine additional
lots currently have homes on them and are served by OWASA services. Water and sewer lines
were installed to serve the neighborhood in 1997.
The neighborhood in question predates adoption of WASMPBA in 2001. At that time, the Town
of Chapel Hill had an interest in reducing the size of the water and sewer service area in
southern Chapel Hill. OWASA and the Town put a policy in place that allowed lots to still receive
water and sewer service if the "structure existed before May 8, 2000 and is located on a lot
adjacent to an OWASA water or sewer line that was installed before May 8, 2000" (Attachment
3).
During meetings on this matter, staffs of the five signatory parties discussed the
appropriateness of a minor boundary amendment to prevent the boundary line from bisecting a
neighborhood and makes all lots in the same neighborhood eligible for public water and sewer
service. Staffs believe that, particularly in cases such as this where services already exist
and/or are being provided and property owners are requesting inclusion, it is appropriate to
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include served parcels in the "Primary Service Area" for water and sewer services. OWASA
staff have advised that, from an engineering perspective, it is feasible to provide water and
sewer service to all 11 lots under consideration (9 of the lots already receive services).
The meeting schedule for the five WASMPBA parties to consider this amendment is as follows:
Chapel Hill — October 28
Hillsborough — November 9
Carrboro — November 10
OWASA — November 12
Orange County — November 17
As the initiator of this amendment, since the parcels in question are within its planning
jurisdiction, the Town of Chapel Hill's resolution requested that the governing boards of the
Town of Carrboro, the Town of Hillsborough, Orange County, and OWASA consider approval of
the amendment.
Potential Map Interpretation Policy
This is not the only instance where natural features (e.g., a stream or ridge line) are meant to
serve as boundaries of a service area. Natural features were not surveyed when the WASMPBA
boundaries were mapped. Technology has improved since 2001, including GIS tools for more
accurate topographic mapping. Staff from the five WASMPBA parties have discussed a
potential policy for resolving minor discrepancies in the future through GIS analysis and
staff interpretation, rather than through the existing process which requires formal action
by each of the five governing boards. Staffs of the WASMPBA parties are requesting
feedback from each of their governing boards on whether staff should pursue developing
such a policy to be included in the WASMPBA. If authorized, staffs would work together on
language and bring an item forward for future consideration.
FINANCIAL IMPACT: There are no financial impacts associated with changing the WASMPBA
boundary. Any cost of extending utilities would be borne by the property owners seeking
service.
SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goal is applicable to
this agenda item:
Establish Sustainable and Equitable Land-Use And Environmental Policies
The fair treatment and meaningful involvement of people of all races, cultures, incomes
and educational levels with respect to the development and enforcement of
environmental laws, regulations, policies, and decisions. Fair treatment means that no
group of people should bear a disproportionate share of the negative environmental
consequences resulting from industrial, governmental and commercial operations or
policies.
ENVIRONMENTAL IMPACT: The following Orange County Environmental Responsibility Goal
impacts are applicable to this item:
■ There are no Environmental Responsibility Goals applicable to this item.
3
RECOMMENDATION(S): The Manager recommends the Board:
1. Adopt the Resolution in Attachment 4 which approves designating the 11 parcels (totaling
31.88 acres) in question as being located within the "Primary Service Area" for water and
sewer services on the map in Appendix A of the WASMPBA.
2. Provide feedback on whether staffs of the five WASMPBA parties should commence
work on a policy for resolving minor discrepancies in the future through GIS analysis and
staff interpretation. (A policy would need to be brought back to the five WASMPBA
parties for approval).
4
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,
5
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.
6
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: 919-635-6005
Fax_ 919-404-7074
paul.dubbehng@pmdubbehng.com
Attorney#or Mr. Baumgarter and Ms. Sumney
7
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
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Attachment
ORANGE COUNTY - CHAPEL HILL - CARRBORO 9
- 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
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10
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
11
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
12
Vicinity Map
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13
Proposed WASMPBA Boundary '
Amendment Map
Orange Co. PIN(s):
9797182425 (portion); 9797184466 (portion); 9797185863 (portion);
9797187741; 9797196038 (portion); 9797198078; 9797280531;
9797283600; 9797285945; 9797290337 (portion); 9797293252
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14
RESOLUTION ADOPTING POLICY FOR THE EXTENSION OF WATER AND
SEWER LINES OR CONNECTIONS THERETO IN AREAS WITHIN THE
TOWN OF CHAPEL HILL'S PLANNING JURISDICTION BUT OUTSIDE OF
ITS URBAN SERVICES AREA
WHEREAS, Orange Water and Sewer Authority (OWASA) is guided by the land
management plans approved by the government units in the area OWASA serves; and
WHEREAS, OWASA has not allowed the extension of water or sewer lines under its
control beyond the Transition or Urban Service Areas designated by the Towns of Carrboro and
Chapel Hill; and
WHEREAS,the Chapel Hill Town Council adopted a new Land Use Plan on May 8,
2000 that included a contraction of its Urban Services Area south of town, with the result that
several pre-existing OWASA water and sewer lines are now located outside the Town's
designated Urban Services Area;and
WHEREAS, OWASA sought policy guidance from the Chapel Hill Town Council
regarding property owners' requests to connect to these pre-existing lines;and
WHEREAS,the Chapel Hill Town Council adopted a resolution on March 5, 2001
endorsing OWASA's suggestion that water/sewer connections in this area be handled in a
manner similar to that which has been applied in the University Lake watershed since 1987 when
all further water/sewer extensions into the University Lake watershed were prohibited.
NOW THEREFORE,BE IT RESOLVED THAT THE BOARD OF DIRECTORS
OF ORANGE WATER AND SEWER AUTHORITY:
Adopts the attached Policy for the Extension of Water and Sewer Lines or
Connections Thereto in Areas within the Town of Chapel Hill's Planning Jurisdiction but
Outside of Its Urban Services Area.
Adopted this the 19''day of April, 2001
Peter C. Gordon, Chairman
ATTEST:
S nnah P. Holloway
Secretary-Treasurer
15
ORANGE WATER AND SEWER AUTHORITY
POLICY FOR THE EXTENSION OF WATER AND SEWER LINES OR
CONNECTIONS THERETO IN AREAS WITHIN THE TOWN OF CHAPEL HILL'S
PLANNING JURISDICTION BUT OUTSIDE OF ITS URBAN SERVICES AREA
PURPOSE
This policy sets forth principles and guidelines for the extension of the Orange Water and
Sewer Authority's(OWASA)water and sewer facilities or connections thereto outside of
the Town of Chapel Hill's Urban Services Area.
BACKGROUND
On May 8, 2000,the Chapel Hill Town Council adopted a new Land Use Plan,which included a
contraction of the Urban Services Area south of town. This action resulted in a removal of land
from the Urban.Services Area that had previously been within that area. Although OWASA
does not allow the extension of water and sewer lines outside the Chapel Hill Urban Services
Area, the newly contracted boundary raises the policy question of how to respond to requests for
water/sewer connections to existing utility lines already in place beyond the Urban Services Area
boundary.
On March 5,2001, the Chapel Hill Town Council adopted a resolution endorsing OWASA's
suggestion that water/sewer connections in this area be handled in a manner similar to what has
been implemented since 1987 when all further water/sewer extensions into the University Lake
watershed were prohibited. The OWASA policy delineated below is in response to Chapel Hill's
March 5, 2001 resolution.
POLICY
Consistent with its past practices, OWASA will not permit the extension of water and
sewer facilities for service connections beyond Chapel Hill's Urban Services Area,
except when OWASA determines —in consultation with the Orange County Health
Department—that such extension is necessary to alleviate an adverse public health
condition, as defined below.
No structure may be connected to an OWASA water or sewer line that is within Chapel
Hill's planning jurisdiction but outside the Town's Urban Services Area unless that
structure existed before May 8, 2000 and is located on a lot adjacent to an OWASA water
or sewer line that was installed before May 8, 2000, or unless necessary as note above, to
alleviate an adverse public health condition.
ADVERSE PUBLIC HEALTH CONDITION DEFINED
An "adverse public health condition" exists with respect to a wastewater system when the
wastewater system is documented to be failing by the Orange County Health Department,
and no on-site repair is approvable or recommended by the Health Department.
Policy Regarding the Extension of Water and Sewer 16
Lines or Connections thereto Outside of the
Chapel Hill Urban Service Area
Page 2
An "adverse public health condition"exists with respect to a well water system when all of the
following conditions exist:
• The well water system is contaminated with a microbial, chemical,or other agent
which is known to cause disease or other serious health effects;
• The well water system is not reparable to the point where the contamination can be
eliminated;
• Water from the well water supply system is not treatable prior to withdrawal to the
point where the threat of disease or serous 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.
AUTHORIZATION
The Executive Director is authorized and empowered to formulate any application,
notification, or other administrative procedures needed to implement this policy.
Reviewed by General Counsel:
Date 0&eraireounsel
Adopted by the Board:
o/
Date 'Clerk to the Board
17
Attachment 4
RES-2020-072
A RESOLUTION APPROVING AN AMENDMENT TO APPENDIX A OF THE WATER
AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT
(WASMPBA) TO DESIGNATE 31.88 ACRES IN THE SOUTHEAST CHAPEL HILL
AREA AS "OWASA PRIMARY SERVICE AREA"
WHEREAS, in 2001, Carrboro, Chapel Hill, Hillsborough, Orange County, and the
Orange County Water and Sewer Authority ("OWASA") adopted a Water and Sewer
Management, Planning and Boundary Agreement ("Agreement"); and
WHEREAS, the Agreement was last amended on October 6, 2020; and
WHEREAS, Chapel Hill residents Frank Baumgartner and Rachel Sumney submitted a
petitions to each of the WASMPBA signatories in February 2020, requesting approval to
hook up to existing water and sewer lines at 1204 and 1205 Bayberry Drive in Chapel
Hill; and
WHEREAS, the two lots in question are immediately adjacent to other residential lots
that receive OWASA services, and are located on the eastern side of the Hunt's
Reserve neighborhood which is predominately located in the "OWASA Primary Service
Area" as defined in the Agreement; and
WHEREAS, OWASA staff have advised that, from an engineering perspective, it is
feasible to provide water and sewer service to all lots in the Hunt's Reserve
neighborhood; and
WHEREAS, Orange County staff has determined that it is reasonable to include all lots
and portions of lots accessed via Bayberry Drive within the boundary of the OWASA
Primary Service Area, in order to provide consistent water and sewer policy for all lots in
the Hunt's Reserve neighborhood; and
WHEREAS, eleven lots or portions of lots accessed via the eastern end of Bayberry
Drive, constituting a total area of approximately 31.88 acres, are currently designated as
"OWASA Long-Term Interest Area" in the Agreement; and
WHEREAS, amendments to the Agreement require the approval of all signatories to the
Agreement.
NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of
Commissioners that the Board approves the amendment to Appendix A of the
Agreement to designate approximately 31.88 acres in the southeast Chapel Hill area as
an addition to the "OWASA Primary Service Area", as shown on the map attached
hereto.
18
Upon motion of Commissioner seconded by Commissioner
, the foregoing ordinance was adopted this day of
, 2020.
I, Greg Wilder, Interim Clerk to the Board of Commissioners for Orange County, DO HEREBY
CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a
meeting held on , 2020 as relates in any way to the adoption of
the foregoing and that said proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2020.
SEAL
Interim Clerk to the Board of Commissioners
19
Proposed WASMPBA Boundary
Amendment Map
Orange Co. PIN(s):
9797182425 (portion); 9797184466 (portion); 9797185863 (portion);
9797187741; 9797196038 (portion); 9797198078; 9797280531;
9797283600; 9797285945; 9797290337 (portion); 9797293252
IN,astewa'ter r
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a �� Parker Proposed Boundary Amendment
P r e s e r ve Chapel Hill Corporate Limits
Chapel Hill ETJ
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Miles Chapel Hill Planning
Department