HomeMy WebLinkAboutAgenda - 11-19-2001-9dORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 19, 2001
AHion AgeQd~
Item No. 1fA_
SUBJECT Wafer and Sewer Mana t PI p tlB d ryA t
DEPARTMENT: Planning end Inspecdons PUBLIC HEARING: (Y/N) No
ATTACHMENT(S): INFORMATION CONTACT:
1. May 14, 2001 Memo from Beverly Blythe Crelg N. Benedict, ext. 2592
2. Revlwtl Wa[erBSewer Management
Planning 8 Boundary Agreement
3. Resolution Atlopting the Water antl Sewer TELEPHONE NUMBERS:
Management, Planning antl Bountlary Agreement Hillsborough ]32 9181
4. AppendizA of the WaterBSewer Management. Chapel Hill 9684501
Planning &Bountlary Agreement (Under Separete Durham 688]331
Cover)
AKA Public WaterlSewer Service Boundary Mep Mebane (338)227-2031
5. Chapel Hill Comprehensive Plan Lend Uae Map
Showing Urban Service Line ReVagion
6. Previous 4H ]/97 Map atloptetl 4/17/01 (Untler
Separate Cover)
PURPOSE: To consitler atlopfion o/[he Water and Sewer Management, Planning and Boundary
Agreement following final review by parties to the agreement
BACKGROUND: The Water antl Sewer Management, Planning antl Bountlary Agreement Teek
Force has developed and refined Nls agreement overthe last seven years. This agreement sets
forth many aspects of water antl sewer provision by identlying responsible en[Itlaalprovitlem,
ertensipn policy and locafional boundary issues. An iMrestructure agreement of tM1is type can
serve as an important basis for comprehensive land use planning. The efficient provision antl
location of public water antl sewer serviwe through thls agreement is a valuable prerequisite to
ongoing comprehenslve planning.
On April 17, 2001, the BoaN of County Commissionere atloptetl a resglutipn approving the form
and substance of the Water and Sewer Management, Planning antl Bountlary Agreement The
agreement was subsequently refenetl to Chapel Hill, Carrbom, antl Hillsborough for concurrence.
Since the transmittal [o fha local governments only Chapel Hill's urban service line chen9e eRec[ed
the original e9reemeM. That change is shown in Attachment 5 antl reflected on the new bountlary
map on Attachment 4.
Carrboro's requests were atltlressed and incorporated in the fart of the agreement Nat was
apProvetl In April 1], 2001. The changes inclutletl references to RangewooQ Hedtege Hllls, Piney
Mountain antl section VI.F.
Chapel HIII requesletl that:
• The map be revisetl tc inclutle the urban eervicas boundary Illustratetl on the Lentl Use Plan
adopted by the Town Council on May 8, 200D.
Chapel HMI's amendment tdthe a9reemen[ was a result of a land use boundary map change the[
includetl the Urban Services Boundary retraction on [heir atlopted Mey 2000 comprehensive plan.
There are other implications of [he urban service line change since land use tlensides that now lie
outsltle the line will not be supportetl by infmslmcture. Howeveq at this time antl pertaining tc this
agreement the Urban Services Boundary change is reasonable.
SUMMARY COMMENT
Two aspects of the process to atlopt antl implement the agreement ahoultl ba natetl. Atlopting a
muki-party agreement is a challenging Prospect not only from the consensus building creation
stage but during [he final intlivitlusl en[ky adoption phase. Any change that is suggested by one
entity needs to be retllatdbutetl antl reatloptetl by the other entkiee In a'rountl robin' process. All
final comments are [hereby Inooryora[etl antl a consistent agreement antl map le adopted by ell
parties.
A second aspect inclutles how the muttFperry agreement becomes a lantl use planning antl
regulatory tlocument. A proposal has been posetl [hat would auggasl that the agreement be
Incoryoretetl into Me joint planning agreement with Chapel HIII antl Canbom. This could be
brought forwaN in the Apri12002 regulatly scheduletl JPA Public Heafng. Otherjudstlictione that
are part' to the agreement, ouch as Hillsborough, but ere not part of the Chapel HiIVCanborol
Orenge County JPA woultl need to be implemented through land use cooperation in another
manner. Although not party to the agreement at Chia time, the ckies of Mebane antl Durham who
provitle utilkles in Orange County may similarly be involvetl in cooNinatetl land use planning.
In any event, both concluding aspects of the agreement will inevitably leatl M progressive and
comprehensive public service and land use planning.
FINANCIAL IMPACT: None at this time.
RECOMMENDATION(S): The Administration rewmmentls Mat the BCaN atlopt Me Waterantl
Sewer Management, Planning antl Boundary Agreement wkh the modlficationa noted above.
~ienp- ~..PJI
/{Ij({fgMfNf /
MEMORANDUM
TO: Craig Benetlitl, Planning Director
Geoffrey Gletlhill, County Attorney
Paul Thames, County Engineer _
FROM: Beverly q. Blytlle,CMC
GATE: May 14, 2001
RE: Uptlafe on iha Water antl Sewer Boundary Agreemen[for Appmpnata Pollowup
GWAEA - approvstl Ne agreement m May 10, 2001
LGWN OF CHAPEL HILL - it is not on Neir agentla. Chris Is Ne contact person
in (heir Planning Department (9882]28, eM 348). Ha asked thel we oW ire the Nangac metla
nw the Town Iasi reviewretl it He also seitl Net Ne amentlmeMto the JPA wnultl probably
neetl to be srhetluletl for Na fell.
TOWN OF CARRBORO-it is not on their agenda. Roy Wlliforq Planning
Olrecloq seltl that he would contact Craig Benedki about some isavee. In June Ne County
remived a IeHer fmm Canboro wiN same suggestatl changes to Ne agreement antl a change
fp Ne map He believes Nat Na change tp Me map has not been made.
TOWN OF HILLSBOROUGH -eppmvetl M1 on July 1], 20110. I have a eignetl
copy Of what NeY apP~ovetl.
Pleaee keep me inblmm co Nat I give out the mneci In(olmetion when I am
asketl for a status report on the Water antl Sewer Bountlery Agreement
Thank you.
cc County Commissioners
JMn Link
Rr?acrrmrvr 2 e
e.nmtc e.
WATFR AND SEWFR MANAGFMFNT Pi ANNPVG
AND BOiiNDARV AGREEMENT
TATS AGREEMENT, made and entered inmihis ~ day of
_, by endbenxKen the COUNTY OF ORANGE, a
political subdivision of the Slate ofNotrh Carolina; the TOWN OF '
CARRBORO, the TOWN OF CHAPEI; HILL, and the TOWN OF
IEI.LSBOROUGH, mmicipal borpomtions duly created and existing under
fie laws of North Carolina; and the ORANGE WATER AND SEWER
AllTHORfI'Y, a public water and sewer authority duly created end existing
under Chapter 1(i2A, Article 1 of the NoM Carolina General StaNtea.
' WTTNESSETH:
Gs considemutm ofmumal brnefits regarding the dcfmirion of water and
sewer serviceboundariesand the management end plarming thereof, the
ponies to this agreement hereby mutually agrm as follows:
LRR'EIl7AB,l,~ ,C,~'
A. Chargeta the Wafer and SewerBwudaryTask Force
Since the mid-1986's, several attempts to define watvi and sewer
service boundaries for Ormrge. County and the muhicipalifies of
Chapel Hill, Cvrlwfo snd Hdlatiorotigb have been urdertakea N
1994, a Task Fo[ce was formed conais(urg of elected of5cials
from Carfioro, Chapel FR71, Hillsborough and Orange County, as
well as too members of the Or®ge Water and Sewer Authority
Board of I)'vectors: The, charEe to the Water and Sewer Service
Boundary TeskFome is atachedas ApperMix B.
B. Purpose of Wate'and Sower Boundary Aereavent
1. To provide acompreherisfve, County-wide system of
service areas far fume udliry development and
imerest areas for dealing wish private water and
vrastewatra system problemsin areas wifivut public
water and sewer service.
2. To complement growth managetnetn objectives, land use
plans and annexation plans m existing agreements, such m
fie Orange County-Chapel Hill-Carrboro foist Planning
Agrcrntmt mid foist Plamung Area Land Use Plan
3. To reso]ce in advance ~md preclude Cuture wnflicls about
fumrc service auras and amexatioo meas.
4. To protide fm predictable long-range water and sewer
capital improvement p]annivg avd financing.
5. To provide for limitations cn water aM sewer service in
certain areas, as defined.
IL' ERiWORRB.a~.._:~~~~:::"w~f . ~-,r^`,.:um.i
A. Effective Date of the Agrcemmt
This agreement shall became etfective upon execution
by all ofthe parties avd signature by the cluefelected w
appointed official.
B. Term of Agreement
This ageemmt sball remain in effect for ~ (10) years from ita
execution, and shall be rrnewable as provided in the fo]lowing
subsection.
C. Procedure for reoennl
At the end of each ten year term, the agreement shall renew
automatically, unless wriven notice is provided of immt to
withdraw aznated in subsxtiov Ebelow.
D. Procedure far proposing and acting oo changes in
agreement incuding boundaries
1. Any rfumge to the ae, icemen[ (including
baundmies) rcqu'ves approval ofall patties to the
agreement.
6
2. The addition ofother panics to this agreement sball ne
' byconsent afthe cmrerit parties.
&. Procedure for, withdrawal frorNdedsiov not fo renew the
agreement
1. ApanY may no[withdraw from the agrarnent, mrtli it
holds apublic hcanng onWc proposed withdrawal
followed by written notice rode other parties within 3U
days of~he }ublic hearing. The withdrwal shall be
effective one (1)year following receipt by dte oNer
panics ofitie written notice.
2'. Ifaparty W the egreemem withdraws as provided above,
the agn;cmevtremahtsweffect aaro the other parties until
- etl but one pariywithdmws in the marmerprovided foethe
in this agreemet
F. Accouvtnb0ity ofFumreFerties
Future utility'providers that wish to become parties of [his
agaemem must be financially and mclmicatly capable of
providing water/sewer service td address public' health
' emergencies or oditt identified public facility needs; 8s defined
by me paries o£ the bomtdary agreement The provider must
' have adequate system capacSry, mclmical capability and
financial assets to address system problems within its interest
' area without cpmpmmising service m cement customers. '
C. Courtesy Review of Development Proposals Within '
Service and Interest Areas '
- The water and sewer providers that ere Parties to this agreement
will be provided courtesy review and the right to provide
written inpu[mto utility design and dae provision of easements
for all naw major rnbdivisions and other residential and von-
residential site plan appfovak within thew serrice area and
interest arca. The party to this agrccmmt with development
plan review authority shall retain approval authority for all
developmrnt proposals rviihin its plamingjurisdictim.
H Livlmge wiN the Orange Couvty-Chapel Pill-Carrboro
Joint Planning Agreement avd other fuNre agreemevfs
' Tttis agreement shall bemade part of the Orange Cowry-Chapel
Flill-Carrboro loin) Plamdng Agreement, by reference, and toany
future mopealive plamdng ag{eements that maybe entered into
among sonic m all oftbe parties. Termination of the loin[
Planning Agreement m arty other conpemliveplamring
- apccmen[does not tenninare this agteemevt Terminadon ofthis
agreement em Only be accomplished as provided in this
apreemmt. Similarly, the withdrawal of apany Gom the ]amt
Plamiog Agreement or from any other cooperalive planning
' agreement does not covstimte withdrawal from this agreement.
Withdmwalfrom[his as eenv:nl can omybe accomplished as
provided in this agreement
IIL~E„~Y~I~q! - _, _ . ~ ,
Primary Service Area: M arca (as shown m the Water and Sewer
Service Boundary Map, which is Appendix A) wham water and/m
sewer service is nowpmuded, ormighl reasonably be provided in the
future, according to adoptedplara and fvlme amendments m adopted
plans (hereinafler refrrred to u "service. arca„)=
UWA$A Lang-Term Ivterest Area: M arca (as shown on the U'aier
and Sewer Service Bomdary Map, which is Appendix A) within
which public water and/or sewer service is not mficipated to be made,
but if such srnices are to he prouded, OWASA will be the
responsible utility service prouder. Long-Tema ]merest Areas are nut
sendce areas, and do not include areas outside of Orange County.
OWASA's Long-Tenn Interest Area is hereinafter referred to as
OWASA's "interest azea."
Orange County Long-Terra Interest Area:.The areas of Orange
County planningjtvisdiction (as shown on the Water and Sewer
Service Boundary Map, which is Appendix A)not part ofa Primary
Service Area or another long-Tcrrn lnteres[Area udthin which public
waRr and/or sewer service is not anticipated to be made, but if such
services are to be provided, Orange County will be responsible fnr
comdmating the provision ofutRiry service. Lmrg-Term Interest
Areas are not service areas, and do not include areas outside of
Orange County. Orange Counnty's Long•Tertn Interest Area is
hereinafler referred b as Orange County's "interest area"
Essential Public Facility: Apublidy-owned facility, or a facility
wholly Snanced try PedemL; State ar local govetmnent (m a '
combination therwf) ttut provides a service for the healda, safety and
general welfare ofCOUnty residerts (for example, a school, fire
a~tation, public safely substation or solid waste convenience cenlc+).
Adverse Public Health Cwditlon: An Advese Pu61ic Healtfi
Condition exists in the ease ofa wastewater system(s) when it is (1)
failing, (2) documented m be failing bytbe Orange County Health
Department, and (3) no on-site repefr is approvable w recommrnded
by the Orange County Health 7)epai{hmnt; or, in the case of a well
water suppry system, it mcets all of the following criteria:
• the well water supply system is contamhtated with
a microbial, chemical or ocher agent which is
lmown to cause disease or other serious health
effects;
• the well water supply system is not reparable to the
point where the contarmriarion emr be eliminated;
• tfie wattt from the well water supply system is not
' tresmblc prior m withdrawal to the point wfiere the
Ihreal of disease w serious health effects is
eliminated;
• there is no allemate location on-site for a new well
water supply rystem wNch can be pemdtted under
n....... r,...,.w u.deh nmamrrm mnnlaMrv
8
critnia in effect a[ the time of the conaminaton or
an altemame site is unacceptable because
widespread existence of contamination m because
of ds potential of contaminant ntigratiov to the
al[emate site.
A description of these terms and their application is provided in
Secfion W of this Agreement.
Pnblic Water or Publir Sewer Service: The provision of water
and/or sewer service by a party m this agreement. This definition dues
not include consulting sences and/or technical assistance services.
Emergency Water Transfer: My shoe-lnrm transfer ofraw water
supply or Unished drinking water supply Gom one service provider to
assist another service pruvidrrin meeting water needs during:
a) unanticipated disruptions or emergrncies relating ro raw or
finished water supply. SUCK disruptions or emergrncics may
occult from evon6 including but mt limited m: (i) lwmau error;
ii) equipment nrpown faihue; iii) supply contamination; iv)
major tires, floods, droughts or other disasters; and v)
operations mfaciGTy maintenance acivities, or
b) periods when temporary, short-term disruption of water
supply m Cmished water service may occur as a result of
planned or unplanned maintenance nfrnajor water supply,
pumping, tmnsmissinn, tmatmev[, or sromgn facilities.
Non-Emergency Water Transfer: Any vansfer from one water
service provider m another water service provider ofraw water supply
or Spished drinking water supply which is not an emergenty water
bansfer.
Wastewater Transfer: Any transfer liom one wastewater service
provider ro another wastewater service provider. '
A'aterand/or Serer Yrottder: A municipal corporation, comity,
private non-profit warn system, or public water and sewer authority
to
' under the N.C. General Statutes Nat provides water and/or sewer
' service to the public
A.' Service Areas end Interest Area Banndaries '
' The xrvice area and interest azea boundaries are as shorn m
AppeMix A.
B. Adherence to boundaries
1. The boundaries oh Ne meP (Appendix A) define the auras
in wldch Ne ponies may provide water and sewer service,
and no parry w this agreemrnt shall extend service beyond
Ne desigwted boundaries, except az provided m 4us
a(geemerd (Secdons IB.B.2, VLB, VLC, VCD, VLF.
VILA, VB.a, VI1.C)r. )n m case sball service be extended
beyond the bouudaies of Orange Cotmty without Ne
approval ofNe elected boards which exerpse plarming
jurisNcdon on aNer side. of Nn County boundary. Any
' extension oClmes m service vao ChaNam County requires
the approval of Ormrge Cmmty, Chapel Hill or Cartbom,
end OWASA:
mec~cn! ymrs~a w ae ret~ to mv» .sm.am~ i, .aoy~c~.
2. GWASA presently provides water and sewer serviw
outside ofthe OWASA Service Area shown on Appendix
Acs follows:
~gugp servire mnvid 1
Heritage Hills SubNvision water and sewer
Rartgewnod Subdivision water and sewer
' Piney Mountain Subdivision seweroNy
OWASA may contmne to prm~ide wa[ef and Sewer service
and may extend water and sewer service within these
suWivisions provided ii does so consistent with ON'ASA
policies and intorloeal agreements related to these services
that exist on the effective date of this agrcemem. Any
change to those po]cies and mterlow] ageements after the
effective date of this agreement can only be accomplished
by en amendment to this agreemrn[.
4.... Q,~, CFOUBESF~B~i0Y101~63ER~.11,C ..a,~f',.
A.. Polio~lssucs
Planning and growth management issues are inIlurnced by the
location oI water and sewer. 77ris ag[eement is not imm~dcd to
supe[sede other land use agrepneuts made by the local
gavc~ttmrnts_
B. Procedures for the provision of service within the geniec
Areas and Interest Areas -
1. When water and sewer service provision is required
to address av adverse public health Condition, or to
provide serviceman essential public facility, the
tlesignated provider for the semce area or intetea[
area sfiall Gave fie right offvst refusal to provide such
service.
2. Within the service areas :rod interest areas, the water and
sewer provider will agree m provide service, as defined
in this agreemrnt, as system capacity, 5nancial resornces,
and other reasonable utility considerations allow, and as
provided in this agreemrnt.
u
C. Poliey of"first-reNsal" '
1. The designated water a¢d sewer provider within
asecvice area or interest area has first right to
provide serviceifan advetse public health con&don
'. or essential public facility wvice need is established, and
public water orpublic sewer service is de[emdned tb be.
requrredmaddress the adverse public health wndiuon.
2. If the designated water aM sewer provider declines to
provide service, it must notify itu other parries w the
agreemem with a statement otmtiooale.
3. The designated water and sewerprovidermay contact
with anciber serviw provider W address the simadoq m
the mariner presented in Scmum Vl of this agreement,
upon cansulption with otherjurisdictiom.
4. Ifno other water and sewer provideris available, Orange
' County reta'va the right to address flu adverse public
healm condiUOn oressenrial public facility need in the
mmma proscribed is Section VI afthie agreement.
...+:..
'.
A. Prohibitions and Limibtlons an Eatevsion Into tolerest Areas
Thedevelopmrnt ofland.withiri interest area is not projected to occur
' ai urban densities, and therefore, public water and sewer service siW 1
beprohibited io these arzae, except as provided in this agmement
{Secton V1B, VI.C, VI.D, VI.F, IrIIA, VII$ VD.C)s. Individual ov-
siu and smaWcomtnuniry-scale alternative water supply and
wasuwater treatmrnt systems not physically co~ected to central
systems will be the primary methods ofineeting the water and sewer
service needs of misting and fulvm development.
~. ~e.a.
R. Adverxe Public Health Cundiriuns
An exception to the prohibition ofpublic water and sewer sen~ice in
interest areas may be made to allmv the extension of lines m the evrni
the Orange County Health Department documents an "adverx+public
health condition"
An adverse public health condidon exists where:
1. 1n the case oCexisting wastewater system(s), it meets all oFlhe
following criteria:
• the wastewater system is ttiling;
• the wastewater system is docunumted [o be failing
by the Uange Cotmty Hcalfi Department;
• there is no on-site repair approvable ox
- reconnvended by [he Orange County Health
Depanment.
7Le following [erms used m the criteria above mean:
Failing wngewarer Syc em' A wastewater system is failing
when sewage or eRluent is seeping or dischazging to the ground
surface or to surface waters. A pemtitted, properly-Cuncuonin
non-discharge wastewater system (e,g„ a spray-imgalion
system)and apemdtted, properly-functiordng discharge
system are not failing wastewater systems.
(>,pm hl O -C' R - ~ Av approvable on-site wastewater
systtm repair Urat cm be completed in a designated repair area
which is approvable under Orange Cowry Heahb Depattment
regulatory soibsite cdteria in effect at dre time oCtlse needed
repair.
Recnmmrn +ed On-Sir~Rrn t.~ A recormnended on-site repair
is one that is not an approvable on-site repay, but is one that N
thz best professional jud7Tmient of the Orange Counry health
Department will reasonably enable the system to function
properly. A mcommended on-site repair may incorporate
engineered design (a design certified by an engineer to
overcome all soil/site limitations in the particular situutianl. site
to
msystem modification,flow reduction or other meannes
calculaxd to improve funclianality ofihe system.
? In dre case of an existing well water supply system(s), ii meets
' alPofthe following criteria:
• the well water supply system is contaminated with
a microbial, chemical or ether agent which is
- (mown W cause disease or other serious health
effects;
• the well water supply syatem is not reparable to the
point where the contarninadon can be eliminated;
• the water from the well water supply system is not
treatable pdmw withdrawal to the point where the
threat ofdisease m serious health etfecls is
eliminated;
• .there is no alternate location on-site for a new wdl
' wntm wpply sysram which can be permitted under
Ormige County Health Dep:wnrnf mgulatory
criteria in effect at the time otthe mntamina[ion or
' arr alternative site is nnaceepmble because
widespread existence of contamination or because
' of dte potential of contaminant migration [o''the
- attemate site.
The following terms used in the mitaia above mean:
' Well: A well is anY excavation that is erred, honed,
drilled, jetted, dug m otherwise constmded for the
Purpose of locating tearing, deaeloping, draining' m
' recharging a~ Bound water reserves or aquifer, m that
may control,. divert, or otherwise canirot the movemrnt
ofwater from or inb arty aquifer.
WW IIWVV~nnly gvttem~ A. well water supply system
is any well that is intended fm use m is usable as a some
of water supply fm domestic use (includmg hotuehold
mimnaea. fans livestock m aardere) and the pump and
pipe used in connection with or pertaining thereto.
including well pumps, distribution pipes, plumbing pipes,
tanks, fittings, and water treatment devices.
The Orange County Jiealth Depamnent shall make the
deterrnination as to whether an adverse public health condition
exisq and shall make a recommendation on the appropriate
remedy to the govemmrnml entiry(ies) in the apprupratc
interest area.
The final decision to use any particular means or tool for
rectifying any particular adverse public health condition
remains, thrmigh zoning regulations or other land use
ordirwvices, with the govemmrnlal entity or emities having
zoning or planning jurisdiction over the area where the adverse
public health condition exists. In the Orange Ctmnly-Chape]
hill-Camboro Joint Plarming Area, the Joint Development
Review Areas shall be uud to determine whicfi of the JYA
parties shall jointly decide on the appropriate means ur tool for
rectifying sn adverse public health condidoa Public water or
public sev¢r lines extended to provide service w 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 azea sball be sized so as to comply with State tecimical
and engineering regulations and only to serve the intended use,
as defined in dos agreement. However, in the case of a public
water line eMrnsion, provisions shall be made to address
adequate Ime sizing for pressure and volume considerations.
D. Controlling Access to Lines In Interest Areas
Public wattt or public sewer lines extended to provide sendce
[o an adverse public health condition or esscnnal public facility
cannot be used for oche[ puposes or other parties, except to
remedy another adverse public health conditon.
16
)i.. Siting ofEssential Pubflc Facilities Within Interest Areas,
The location of some essential public facilities, paniculazty
schools, requims special consideration fm access to yublic
water and sewer lines.
Where possib]c; schools shat? 6e sited in a manner that
promotes the effrient use of existing water and sewer service.
Preferably, aset-of criteria Soveming such situations would be
developed based ob coruultations between the appropriam '
school boards and the elected oiTicials of affected jurisdictions,
and applied as necessary..
Publicty-owned fncilites other than a public school shall be
located in a mama that promotes the orderly provision of
water and sewer service. The prefem:d'mefied of connection is
[o lines that already exist, or in a manner that would minimize
' the need to extend existing lines.
P. Water and Smver Service In[WOn/ of Ornoge County
Water end sewer service of any of the service providers that are
parties to thisagreernenl shall not be extended outside of the
' boundaries ofOtaztge County without the approval dithe elected.
boards which exercise p]arming jurisdiction on either side of the
County boundary. Arty extension of lines or service into Crtatham
County requires the approval of Oraoge County, Chapel Hi- or
Canboro, aM OWASA this approval is not required when
water and sewer service is ruptired as a condition of annexation
by the towns of Chapel Hill or Canboro.
1~,~~11_~°~nS~~..8'S~s.N~~i,6iEa~'e .... Via:
A. Rmergeoey Water 17ansfers (This subsection shall not apply
.. ___. _..___ ..__...a r............m«,rmt
Emergency wale vavslers arc vausfcrs that
L Are made for short-Term duration. Fnt the purpose of this
Agreement; short-term duration shall ba 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 duuation, a memo from the chic(
adtniuisvative officials of the service providers
will be sent to [he managers of thejurisdictioru
that are parties m this AEaeement. l7u memo shall
document the emergency, steps ping taken to
address the situation, and notify the managers of
the potentul for a longer period of the emergency
watertransfer.
b. At 60 days, the servce provider sending the water
shall votify its elected Mard (or, N [he case of
OWASA, the member govemmevt elected boards)
on fie status of fie emergency and provide
opportunity for the boards to mview and cotnment
on the situnuvn. The receiving provider shall
provide similar information.
' c. Betwcen 60 days and 90 days from inception of
transfer, the elected boards which cxeicise
planningjutisdicvon on either side of the boundary
in wMch theservice is provided shell review and
approve or not approve the continuation of the
transfer beyond 90 days. If wndnuadon of the
transfer is approved, it may continue for an
atlditiona190-day period. Approval shall be
required for each subsequent 90-day period, with a
maximum emergency water transfer duration of
365 days Gam inception. Lack of action by the
elected boards as provided in Nis subsection
18
constimtea approval. for the subsequent 90-day
period.
d. At Che 30day point, the service provider s}Wl
detcrvdne that adequate water end other resources
and faeiliry capacities are available fo support the
extendetl emergency transfer without adversely
affecting the quality and quantity ofwater supply
and services m customers within itv service area,
and without adversely affecting environmental
qualiTy within its service area;
AND
2. Arc not intended to provide aw or finished water supply
necessary rosupport new growtfi and development within
[he service arcs aftht service provide(receiving the
transfer, Neit}ierpartyehall, in plarming for fpmm
growth and associated increases in water supply vccd5,
' rely upon waterfrwathe other party supplied under [lds
' ' agreement to serve such growth. '
' a. A serviceptpvidef experiencing a water
' emergency apd receiving emergency wets
uansfers must agree m act expeditiously and
adequately to mitigate and remove the causes of
the emergency conditions.
B. Nan-Emergeuey Water Transfers (This subsettlou shall oat
apply to the Tawn of phllshorongh uuW hanary 1, 2005.)
Non-emergency water ttansfers are only permitted wim the
' approval of the Orange County Board of Coraoissioners and
dre elected or appointed beards of the service providers
providing. and/or receiving the transfer. If OWASA is the
service provider, approval trout come from the OWASA Board
of Director az~d Ne elected boards of Carrboro, Cbapel F~lill
and Omn~e County,
C. Wastewamr Transfers
wastewater rcansfers are only permitted with the approval of
the Orange Cowry Board of Commissioners and Ne elected m
appointed boads nt the service providers providing [he transfer.
If OWASA is the service provideq approval must come from
the OWASA Bord of Directors and the elected boards of
Carrbmq Chapel Hill and Orange Counry.
~.~n~a±~suTM~eagn~rExrs..~ ~~` ~ '~ ~F'
Linkages to Other Agreements
There are a number of exisene agrccmrnts among the parties m
Nis agreemen Nat am relevant ro the management and
plowing ofpublic eater and sewer service. In addition, this
aggeement and those listed below should all be reed mgeNer.
Where inconsistencies exist, dds agreement shah umnnh
except as othcnvise provided by law. Included among these
relevant agreernents with linkages are:
• Hillsborough-Dmham Service Area Agreemrnt
• OWASA-Durham Service Agreemwt
• Env River Capacity Use Agreement
HillsborougWOrwge-Alamwce Water Systems
Agreement
• OWASA-}iillsboroughSmice Agreement
• DWA$A-Hidsborough Bvlk Water 7rwsferAgeemrnt
• Chapel Bill-Durkam Aweaa[ion Agrecmrnr
• Mwual Aid Agreement
• Iordav Lakc Allocations from NC DEHNR
• OWASA Agreements of Purchase and Sale between l)
OWASA mtd Camboro, 2) OWASA and Chapel Hill, and
i) OP'ASA and UNC
zo
OWASA Agreement and Polity related to extensions of
water and sewer inro University Ialre Watershed
(applicable to water and scorer service m RangewaeM
Subdivision and Heritage Hills Subdivision)
' OWASA-Orange County Agreements redatedmPiney.
Mountain Subdivision sewer service
xniZnYC~ , `
A. Wamr and Sewer Service Boutrdenes Map
B. Chazge ro me water and Sewer Bouvd:vy Task Force
C Toolbox of Remedies forAdveme Public Health Conditions
D. Joint Planning Area Boundary Map
E.. Comprehensn~e Plan Iand USe Maps for all.OtangeCoumylocal
govcmrnrnts, nod of Chatham Cowry
THIS AGRE1fME.N1'EFTFRED L~T07H19 DAY OF
Chair, Oranez Cowry Board of Commissioners
Anen:
Clerk w the OrmS<Cowty Board of Conwissiwen:
Mayoi Toxv ofCLapel Hih
Arrest:
Town Clerk, Toxin afCM1apcl Hill
Mayor, Town of Carrboro
Attert:
Toxin Clerk, Toxin ofCarzboro
Mayor, i'own oftlillsbarough
Ant
Town CJek, Town ofHillshorougM1
- Chair.OWASA Beard ofDVttmrs
Anen[
Lgan6munHwl AlveyprvxxxdwuetM
C7ene..r3ea,t
Rf~Aexmen: 3 22
oor i o
TOWN OF CHAPEL I-Ivl ~J'' L--_.
306 NOain Coaua7e~n Sauer _ _._J
Rwu Hoc, Noa'rn Cxim,mn 2]516
Qiirnm nm MAwa (91fl 96&2Y 14
2HP1 FA%919-96i-AGOfi
October 8.
The Honoreble Stronm H. Halkiotis
Chair, orange County Hoard of Covmissimera
P.O. Boz 8181
Hilisbomugh, NC 2]2]8 ~
near Come~issinna HH~tH: ~~
Evclos lie acertified copy ofRewtution 2o9l-OB-2]B-lls ofthe Town County ofWc
Tvwm oFCtape1Hi11 adopting the Water and Sewm Mmegement, Plammiv%md
mwdery Agreement. The Agreement was adopted by Ne Town COVncilmAVgast2],
2001. Please vote that the Resolution inaladea two revlumsto the AgaemmS both
related to ihemap comaived in Appendix Ato Ne Agrcemevt.
The fun revision is Nat Appendix A should contyv the maP dated April 11,199], mdim
than the map dated Mazch 29, 2001. The Marcn29, 2001 map coniaive envn.
The second revision is Nat Ne April 1],199] nup in Appendix A anvvldbe revised m
reflect Ne wbm arnicee bowdary illnetrated on Ne Land Ilse Plan adopted bythe Town
Cowcit m May 8, 2000. Inane enclosed a copy of Ne Town's Laud Use Plan far yaw
reference.
We look [orwazd W workiugwiN you W accamPnsh du adoption oftne Water and Sewer
Mavagemmy PLmvinB and Hvwdary Ageanent by all Ne Pazties.
9incudg
kro~Mn-6
lmsemary 1. Waldorf
Mayo
rc. Horace Jonnsun; Mayor, TOwv ofHillsbomugh
Micfael Nelson, ndayoq Town of Cmboto
Ih. Peter Gordan, Chair, OWASA Board of Uirecmrs
mc: Cettified copy of Resolution 2001-O8-2]/R-lla.
Tovm of Cbapel Hit12000 Land Use Plm
I, Joyce A. Smith, CMC, Towo Clerk of the Town of Chapel H01, do hereby
certify that the attached u a true and correct copy of Resolution 2001-08-
27/R-]la, adopted of the Towo Council of the Town of Chapel Hill oo August
27, 200E
Thu the 28° day of September, 2001.
Ja a Smith,CM
Town Clerk
~ Ggp4EL
~~ I ~~
~m~
~.. e
O~a& CAS~v~$
za
A ABSOLUTION ADOPTING THE WATER AND BRWRR MANAGEMENT,
PLANNING AND BOU-NDARY AGREEMENT (2001-0&S7/R-lla)
WHEREAS, Cerrboro, Chapel Hill, }Iillaborough, Orwge Cowty and OWASA have warkedfor
mvber o£ yeses toward developing a We[a wd 8ew¢ Menegenwt, Flawing and Boundary
Agrevvcnt and have authorized sigruvg Ne Agreemwt;
WE~REAS, Ne wmk of a task force creakd to ranmmad en egeemrnt bas barn cowiderad
w savmal occasions by each of We goverrwevta thaz willbecoma parties a Ore egreemrnt; and
WFtEREAS, each o(the concerns of Ore govemmrnte has barn addressed, [o the extent possible,
iv the veraiw df that agreemcot tlaat ie Exhibit A, Oae Water and Sewn Mewgement, Planning
m,d Bowdary Ageemwt, ae tiwsmitted by Oae Board of CowTy Commisvwaem a letter
dated Apd118, 2001;
WEffiiEAS, w May 8, 2000, Oa Cowril adopted a 2000 Compeeherivve Plw that redwed the
Town's llrbw 6ervices Areamtbe wuNem azee;
WE03AEA5, the Cowril drams that OWABA'a pruumy service area be congma,t wiOs Oie
TONT'B urban 6mM1'1CC6 aRa;
NOW, TfIEREFORE, BE tT RESOLVED by the Cowril of the Tovm of Chapel Hilt that the
County approves the form end the subslww of Exhibit A, the Wmm md5ewa Mawg®w[,
Plamwrg and Bounday Agmcment, ee tr®smittd by Hre Board of CosuLLy Cowrtissionaa in e
lenQ dead April 18, 2001, wide the excepOw that Appendix A coutnin the raaP deuxl April 17,
1997, rather tbw Nc map date] Mmch 29, 2001, and that urea map be revved ro include the
wbw services boundary i1lwOmed on the Land Use Play adopted by the Tovm Counul ov May
8,2000.
Tn.'e the 27th daY ofAUguat, 2001.
T7,ii~~L"~~' ',>,~~
~______
q T~gcHmt~T $
Adopted May 6, 2000
LegenE
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Clw.mrmama,+uaame:
D ~~a.ua,+MUx.
O w.Adewa,+nums.s
Q a~mmx~o~oa,aaw¢+a
®c~meaa
M.~ouw.anrec~ r~µ.
w.mub.an®E~,
®rox,naauro.
®iwemui
-~
o aa~,M
Dv:w9~~p
~( ,,; _; ya. ~ ®~a~ manna
`~i)2 ~°~"` aam.~..
cnanam w. Nuea~s~mm~may
/N/ cm~aq+ssa
Figure i i
W~s The Land Use Plan
Comprehensive Plan
„~' ! w~ Chapel Hill, North Carolina