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HomeMy WebLinkAboutAgenda - 12-03-2001-9cORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA REM ABSTRACT Meeting Dale: December 3, 2001 Action AgeQtla Item No. Y-c SUBJECT Water antl S M t PI d B tl A m DEPARTMENT: Plannlnq and inspections PUBLIC HEARING (Y/N) No ATTACHMENT(S): INFORMATION CONTACT: L May 14.2001 Memo from Beverly Blythe Crelg N. Benedict, eat. 2592 2. Revised Water85ewer Management, Planning & Boundary Agreement 3. Resolution Atloptingthe Water antl Sewer TELEPHONE NUMBERS: Management Planning and Boundary Agreement Hillsborough ]328181 4. AppentlixAmthe Water&Sewer Management. Chapel Hill 9681561 Planning & Boundary Agreement (Under Separate Durham 688-]331 Cover) Mebane (336)22]-2031 AKA Publlc Water/Sewer Service Bountlery Map 5. Chapel Hill Comprehensive Plan Land Use Map Showing Urban Service Line Retraction 6. Previous 4ll]/8]Map atloptetl 4/1]161 (Under Sepamte Cover) PURPOSE: Tc conalder atloption of the Water antl Sewer Management, Planning antl Bountlery Agreement following final review by parties to the agreement. BACKGROUND: The Water antl Sewer Management, Planning antl Bountlery Agreement Task Farce has tleveloped and re5nsd this agreement over the lest seven years. This agreement sets forth many aspects of water antl sewer provision by identifying responsible entities providers, extension policy and lorational boundary issues. An infrestmcture agreement of this type can serve as an important basis far comprehensive land use planning, The efficient provision and location of public water and sewer services through this agreement ie a valuable prerequisite [o ongoing comprehensive planning. On April 1 ], 2001, the BoaN of County Commissioners atlop[ed a resolution approving the krtn and substance mthe Water and Sewer Management, Planning antl Boundary.Agreement. The agreement was subsequently referretl to Chapel Hill, Cenboro, and Hillsborough for concurrence. Since [he irensmittel ro the local govemmen[s only Chapel Hill's urban service line change affected iha anginal agreement That change is shown in Atfachmem 5 and reflemetl cn the new bountlary map on Attachment 4. Camboro's requeab were addressetl and incorporated in the teat of the agreement that was approvetl In Apol 1], 2001. The changes included references to Rangawootl, Heritage Hills, Piney Mountain and section VLF. Chapel Hill requestetl that The map be revised to inclutle the urban services boundary illustretetl on the Lantl Use Plan atlopted by the Town Council on May S, 2000. Chapel Hill's amentlment tc the agreement was a resat[ of a lantl use boundary map change that included the Urban Services Boundary retraction on their atlopted Mey 2666 comprehensive plan. There are other Implications of the urban service line change since land use tlensities that now lie outside the line will not be supportetl by infiastmc[ure. However, atthla tlme antl pertaining to this agreement the Urban Services Boundary change is reasonable. SUMMARY COMMENT Two aspects of the process tp atlopl and Implement the agreement should be noted. Adopting a multi-party agreement is a challenging prospect no[ only from the consensus Wilding creatlon stage but tluring the final IndNitlusl entity adoption phase. Any change that is suggested by one entry neetla to be retlistributetl and reatlopted by Ne other entities in around robin' process. All final comments ate [hereby incorporated antl a wnei6[eM agreement antl map is atlolrtetl by all parties A second aspect Inclutles how the multi-party agreement becomes a lantl use planning and regulatory document Aproposal hoe bean posetl that would suggestthet the agreemen[be incorporated trim the joint planning agreement wdh Chapel Hill antl Carrborc. This could be brought (onvartl in the April 2662 regulatly schetluled JPA Public Hearing. Otherjuristlictione that are party tc the agreement, such as Hillsborough, but are not par[ of the Chapel HiIIIWrtWro/ Orarge Cpunry JPA would need b be implemented through lend use cooperation In another manner. AlNOdgh not pally to the agreement at [his time, the cities of Mebane antl Durham who provitle utilities In Orenge County may similatly be involvetl in woNinated land use planning. In any evert, both concluding aspects of the agreement will Inevdably lead b progressive and comprehensive Wblic service antl lantl use planning. FINANCIAL IMPACT: None at this time. RECOMMENDATION(S): The Administredon rewmmentls Mat the BOaM etlopS the Water and Sewer Management. Planning and Bountlary Agreement wdh the modifications notetl above. ~T]{GmtMf / MEMORANDUM TO: Cralg eenetlin, Planning Director Geoffrey Gledhill, County Atiomey Paul Themes, County Engineer FROM: Bevetly A. Elyme, CMC DATE: Mey 14, 2001 RE'. Update on[he Water antl$ewer BOUntlary Agreement Mr Appropriate Follpwup OWASA -approvetl Ne agreement on May 10, 2001 TOWN OF CHAPEL HILL - it is riot pn Neir agentla. Chris is the cpnmtt parson in their Planning Department (98&2]28, art. 348). He askatl that we outline the changes made w iha Town Iasi reviewetl it He also said Nat Vie ementlment to the JPA woulO probably neetl to be schetluled for the fell TOWN OFCMRBDRD-it is not on (heir agentla. Roy Wlliforq Plennifg Director, saltl that he would wntact Craig Benaditt about some issues. In June Ne County ved a IeCer from Cartbom wiN some suggestetl changee [p the agreemenF and a change tp me map. He helieves tlrat the change to the map has not been made. AWN OF HILLSBOROUGH -approvetl It on July 1], 2000. I have a signe0 Copy Of what dley approved Please keep me informed so the[ I give out the wrett IMOtmagon when I am askM for a status report on me Waterantl Sewer Bountlery Agreement. Thank you. ¢'. County Commissioners John Link ' Av%ac;tmb~% 2 Exbibic A 1VATER AND SEVER MANR_C'FMF7VT,-Pi A1~TTVC AND BOi7NDARYAGREEMFNT THIS AGREEMENT, made and entered imo'this _ day of by andbenveen the COUNTY OF ORANGE, a political svbdinsiw of the State ofNorth Carolina; the TOWN OF CARRBORO, the TOWN OF CHAPEL HILL, and the TOWN OF HILLSBOROUGH, municipalborporationsduty created and existing under the laws of North Cazolma; and the ORANGE WATER AND SEWE2 AllTHORl]'Y, a public water and sewer authority duly created and existing under Chapter ] 62A, Article 1 of tlu North Carolina Gwerel Statutes. WITNESSETH: In considemnon of mutual benefits regarding the debnitiw of water and sewer seance Mwdaries and the mwagernent and plemnng thereof, the. ptutnie[[s~~tY~Ont}tis a~reoment hereby mutually agree as follows: A. Cbarge to the Water and Sewer Boundary Task FOrce Since the mid-1980's, soveral attempts to define watei and sewer service boundaries for Omngc County arts the tnuincipalides of Chapel Hill, Cemboro and Hilisbomtigh have beev undertaken. N 1994, a Task Force was formed consisting of elected officials from Carrboro, Chapel Hill, Hillsborough and Orange Cmmb. as well sa nvo membere of the Orange Water and Sewer Authority ' Boats of Directors. The. charge to the Water and Sewer Service Boundary Task Force is e[rachW,as Appendix B. B. Purpose afWater and Sewee Bowdary Agreement L To provide a comprehensive; Cowry-aide systav of service areas far future utility dermdapmwt and imerest areas for dealing with private water and wastewater system problemsin areas without public water and sewer service. 2. To enmplemem growth manegemrnt objectives, land use plans and amrexation plans in existing agreements, such as the Orange Counry~Chepel Hill-Cartboro ]oint Planning Ageemmt and Joint Planrdng,4rea Land Use Plan 3. To resolve in advance and preclude future conflicts about future service areas and annexation areas. 4. To prot~de for predictablelong-range water and newer capital impro.ement planning and financing. 5. 7o provide fm 1nnimfions on wafer aM sewer service in certain areas. as defined. 1~I~QWi,~E-AG6EEINF11WORkB g~'~"' ~t; ,«.~. ,...,~~ I~~.,.ui A. lIIective Uate of the Agreement This agreement shall became etCettive upon execution by all oCtbe parries and signature by the oNd'eleelM m appointed official. B. Term of Agreement This agreemrnt shall remain in effect fm ten (10) years from its execution, and shall be renewable az provided N the following subsection. C. Proeetlure for renewal At the end oC each trn year term, the agreement shall renew avromatically, udess written nonce is provided of intent to widrdrawaznmed in subsectiouE below. ' D. Procedure for proposing and acting on changes in agreement including boundaries L Any change to the agreement (including boundaries) requires apprmni of all parties to the agreemrnt. 6 ' 2. The addition of other parties Io this agreement stall he by consent oithe current parties. 6. Procedure for,wkhdrawal frem/tlecisiov voi to renew the ayzeem¢nt 1. A party may not withdraw from Ne agreement, undi it holds a public hearing on the proposed wiNdmwal followed by written notice to the oNerparties within 3U ' days of the pubbe hearing. The withdrawal shall he effective ate {1) year fallowing receipt by the oNer parties oftlie written notice. 2: Ifaparty to tbeagmenrtnt wiNdmws as provided above, the agreement remav~s m effect as m Ne other pates until all but one patTy withdraws in die mamterproi•ided for the in this agreement F. Acebuntablity 6f Future Parties I^uwre utility providers that wish to become parties of this agreement must'be financially and teclutieally capable of providing water/sewer service to address public' health emergencies or orbs identified public facility ceeds; as drFned by the parties of the boundary agmernem. The provider mast have adequate system capacity, technical capability and finaneialassets to address system problems within im imerest azea without compromising service m ctuxxnt customers. ' G. Courtesy Review of Development Proposals Wltbiv ' Service and Inmrest Areax The water and sewer providers Nat are parties to [Ids agreement will be provided courtesy review std Ne right to pmvide 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 Ne¢ service area and interest area. The party to thu agrecmwt with development plan review authurity shall retain approval authority for al] developmem proposals within its plawingjmisdicdon. IL Linkage with the Orange County-Chnprl ]Iifl-Carrboro Joint Planning Agreemwt avd other future agreemenn This agreement shall be made part oflhe Orage Cowry-Chapel Flill-Canboro Joint Plowing Ageement, by inference, wd to any future cooperative planning age®ents that may be evtered into among some or all oftht panics. Temdnaeon of dm joint Planning Agreement or any other woperative planning ageemen[ does not le+nrinare this agreement Tertninadw of this agreement can only be accomplished u provided in this ageemcnt Similarly, the withdrawal otapatty from dre Joint Planning Ageement m from any ocher cooperative plowing agrcement does not constitute withdmwal from ddaagreemwt. Withdrawal fmm this agreement can onlybe accomplished az providedm this agreement ~~~ Primary Service Area: An area (az shown ms the Water and Sewer Service Bowdary Map, which is Appendix A) when water and/or sewer service is nowprovided, or might reasowbly be provided in me fvaue, acemding to adopted plans and funve ametuhnwts to adopted plans (hereinafter referred to az "service area")'. OWASA Lovg-Term Ivterest Area: An area (as shoxm on the Water antl Sewer Service Bowdary Map, which is Appendix A) withiv wbic6 public water and/or sewer service is vat wdeipuYW lobe tirade, but ifsuch scnices are to 6e provided, OWASA will be the responsible utility sen'ice prouder. Long-Tenn Imeres[ Areas are no[ service areas, and do not include areas outside of Orwge County. B OWASA`s Long-Term Interest Area is hereinafter referred to as OWASA's "interest area." Orange County Loug-Term luterest Aree: The areas of Orange County planning jurisdiction(az shown on the Water and Sewer Service Boundary ivIap, which is Appendix A)not part ofa Prnnary Service Area or another T.ong-Trnnlnterest Aroa within wNch public water and/or sewersecvice is not anticipated to be made, but tf such sernces are ro be provided, Orange.County wi](be reeyodsible for coordinating the provision oCutility service. Long-Tenn Interest Areas are not service areas, and do not include areas oulsitle of Orange Counry. Orange County's Long-Term Interest Area is hereinafter referred to as Orange County's "interest area." ESxenlial Public FaNity: Apublicly-owned fnrility, or a farility wfiolly finm¢ed by Federal; State m local government (or a combination thereof) that provides a service fm the health, safety and general welfare ofComry residerds (for exevrplet a school, fve station, public safety substedon or solid waste convenience center). Adverse Public Ilralth Condition: Ao Adverse Pu61ic Health Condition mdsu in the'cau of a wastewater system(s) when it is p ) failing, (2) documented to be fatting by the Orange County Health Deparlmrnt, and (3) no on•sim rnpair is epprovable or mcorrurrcmded by the Orange County Health Depaiimrnr, oq in the case of a well water supply system, it meets alt of the following criteria: • the well water supply system ie contaminated wifi ' amicrobial, chemical or other agent which is ' /mown to cause disease or other serious health effects; • the well water supply system is not reparable to the point where the conmminatim can be eliminated; • the water from the well water supply system is not' 'treatable Prior m withdrawal to the Point where the tlveal of disease or serious health effects is eliminated; • fiere is no aliemale location on-site for a new well watu'supply system whicfi can be pemdtteA under ti-__.n......«.vMta ne.,.:,....m..~,uarnrv criteria in effect at the time of the contamination or an ahmrative site is unacceptable because widespmad existence of contaminarion or because of the potenial of contaminant migration to the alternate rile. A description ofthese terms and their application is provided in Section VI ohNs Agreement Public Water or Public Smver Serrlce: The provision of water and/or sewer service by a party to this agreement. T16s deflnifinn does not include consulting sendces and/or technical assistance services. Emergency Water Transfer: Aay sladrl-term marefer ofmw eater supply or finished dnivking wa[a supply from one service provider to assist another service pmviderin meeting water needs druing. a) mmticipated dismpdons or emergCmcios relating to raw or - finished water supply. Such disruptions m emagendes may result from evtmts including, but not limited to: (i) human error; ii) equipmart or power failure; iil) supply comm~imtion; iv) major fires, floods, droughts or other disasters; and v) operations or facility maintenance activities, m b) periods when temporary, short-lam disruption of water wpply or fmshed water service may Deem as a recut of plamed or unplanned nrtaivtenance ofmajor water supply, pumping, trnnsmission, lreatmev[, m stooge facilities. Nort-Emergency Water Transfer. Any transfer from one wets service provides to another water service provider ofmw wazQ supply or fmisbed drinking water supply which is not m emergency water transfer Wastewater Transfer. Any transfer from one wastewater service provider to another wastewaza xrvice prodder. ' Mater and/or Serer Prmdder: A municipal corpotatioq comp, prnateoon-pro&t water system, or public ware and sewer autlsmiry ro ' under the N.C. General Statutes ttiat provifles water and/or sewer service to the public. A.' Service Areas antl Interest Area Boundaries ' The'service azea and interest area 6ovndaries are as shovm in Appendix A B. Adherence to 6ouodaries 1. 17re bourWaries on the map (Appendix A) define the areas in which the parties ntay provide water and sewer srn~ice, and no patty to this agreemrnt sludl extend service beyond the designated bomdaries, except as provided in Gus agreement (Secfions Ill.B.2, VLB, VLC,- VLD, VL.$ VILA, VH.H, VILC)'.'In no case shall service be extended beyond the boutidazies of Orange County without the approval of the elected boards which exercise plarming jurisdiction an either side of the County Liomdary. Any extension oflines or serriee into Chatham County requires the approval of Orange Com~ry, Cbapel Hill or Canboro, andOWASA.~ r.~u®~;w yvace co n= aer~ ;n mart •a=..~~~ r. ~a<r•.m. 2. OWASA presently provides water and sewn service ' outside ofthe OWASA Service Area shownrn Appendix Aas fo]lowa: ' '. lotdllptl - cerviez mervided. Heritage Hills Subdivision ware and sewer Rangewood Subdivision water and sewer - Piney Monrnain Subdivision seweroNy OWASA may contmne to pinvide water and sewer service and may extend water and sewer service wiUdn these wbdivisions provided i(does so <onsis'tent with OWASA policies and intttloral agreements related ro these services that exist on the etTeclive date of this ageemem. Any change to those policies :urd interlocal agreements after the effective date of dtis agreement can mdy be accomplished by m amendment to this agreemem_ YAP,IIpGGGGG~00BESPo~I~~Q111WjGSE~ICE`= _ ` °"a~',... b. Politry 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 ageements made by the local govcmmrafs. )S. Procedures for the provision of service within the Service Maas and Iulfre5[ Mess 1. Whm water and sewer service provision is required to address;m adverse public health condition, or to pro~~de smite to an essential public facility, dre desicmated provider for the service area or interest area shall have the dgh[ of fvs[ refusal m provide such service. 2. Within We service areas and inremst areas, the water and sewer provider will agrcc to provide service, as deftned in this agreememt, az system capacity, financial resources, and ether reasonable utility considerations allow, and as provided in this ageemen[. tz C. Policy of°first-reNsal° 1. The designated water and sewer provider within aservice areaor inia~t area has firstrightto ' provide serviceifeh adverse public health condition m essential public facility service aced is established, and public water mpbblic sewer service u determined to be. requiredm address the adverse public healfL canditioa 2. If Sae designated water and sewer provider declines to provide service, it must nodfy tbe other panes to the agreement withasmlement otmtionale. 3. The desip~?ted,water and sewaprovidamay contract ' with another service prm~ida to address the situating m the marina presmbed m Section VI of this agrewart, upon masriltation with odurjurisdictions. 4. Ifno otber water and sewer provide is available, Orange Coumy retainsthe'right to address the adverse public heald condition oieasential public facility need in the mama Premtxbedin Section Vl ofttds agreemen ~1 y A. Prohibitions and Limitations on Eatemion Into interest Areas ' The'development oftavdwidrin interest areas is not projected m occur a[ urban densities, and dreretore, public water' and sewn service stall be prohibited in these areas, except as provided in this agreement {Section VIB; VI.C, VI.D, 17.F, WA, WB, W.C)s: Individual on. site and smalUcortununity-scale alternative water supply and wastewater t[eatmcnt systems not physically connected to cennal systems will be the prunary methods of meeting the weW and sewer service needs of existing and funvn development e. xme. B. Atlvene l'ublie Health Conditions An exception to the proldbidon ofpublic water and sewer sm~ice in interest areas may be made to allow dtc extension of lines in the event the Orange County Health Department documents an "adverse public ffialdt condition." An adverse public health conditien exists when: 1. >n the case ufexisdng wastewater system(s), it meets all oflhe following criteria: - • the wastewater rystem is failing; • the wasiewater system is documented m he failing by the Orange County Iicalth Depamnrnt; • there is no on-site repair approvable or recommended by the Orange County Health Departmrn[. Tee following terms used m the criteria above mean: Failine wncrrnater Svsrrm. A wastewater sYStem is tailing when sewage or eBluent is seeping or discharging to the ground surface or to surface waters. A permitreQ properly-fimctionin~ non-discharge wastewater system (c.g.,aspmy-irrigation sys~m)andapennitted, properly-functioning discharge system are not failing wastewater rystems. Ap bl O -S' R An approvable on-site wastewater system repair that can be wmpletetl in a designated repair area which is approvoble under Orange County Health Department regulatory soIDSire criteria in effect at the lime bftheneeded repair. ~d d t m-ti t~ - ~ A recommended on-site repair is one that is not an approvable on-site repay, but is one that in the best professional judgment of the Orange County Health Deparhnrnt null reasonably crtab]c the system to fimction properly. A rewmmendttl on-site repair may incorporate engineered desigr (a desi,~ certified by an engineer [o averrorne all soil/site limitations in the particular situation), aite t4 0[sys[em mOdifiweon,flow mduetion or other measures calculazed to ir~rove funenonaliryof the system. 2. In the case of an existing well water supply sys~nm(s), it meets - all of the followingcriteria: - • the well water supply system is contaminated with z microbial, chenrieel or other agent which is (mown to cause disease or other serious health effects; ' • the well water supply system is riot reparable m the point where the contamination can be eliminaed; • the water from the well water simply system is not treatable prior to withdrawal to the point where the threat of disease ur serious health effects is eliminated; • xhcri is no sllemate location on-Site for s new well water supply system which can be permitted wda Orange County Health Deparnnerd regulatory ' aiteria in effect at the time of the catteminanon or an al[emanve site is [maeceptable because widespread existence of wntaminativn m because ' ' of the potential of contaminant migration to'the ' - - altema[e site. 7be following te[ms used in [be criteria above mean: ' Well; A well is any excavation that is arced, boral, drilled, jened, dug m otherwise conanveted for the '. purpose of locating, testing, developing, dmiving~. or ' recharging atry ground water reserves m aquifer, or that rosy control, divert, or otherwise control the movemrnt of water from or into soy aquife[. Well Warn htpply Cystem. A well water supply system is arty well that is intended for use or is usable as a smuce of water supply for domestic use (including household purposes, farm livestock, or gardens) and the pump and pipe used in connection with or pertaining thereto. including well pumps, distribution pipes, plumbing pipes, heokc, Lttings, and water treatment devices. The Orange County Hcahh Deparhnent shall mahc the determinatimt ns to whether an adverse public health condition exisa, and shall make a reconunendation on dtc appropriate comedy [o the governmental endry(ies) in the appropriate imerest area. The final decision [o use any particular means or tool for rectifying any particular adverse public health condition remains, duough zoning regulations or other ]and use ordinances, with the gwemmental entity or entities having zoning or planting jurisdiction over the area where the adverse public health condition exists. In the Orange Couvry-Chapel Hill-Cartboxo Joint Plamdng Area, the Joint Development Aeview Areas shall be used m delennine which of the !PA parties shall jointly decide on the appropriate means or tool for rectifying as adverse public health conditioa Public water or public sewer lines extended to provide service io an adverse public health condition or essential public faciliry cannot be used for oQmr purposes or other parries, except as provided in Section VLD. C. Sizing of Lives Ex[evtled Into Interest Areas The extension of public water or public sewer lines into ah interest area sbatl 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 extettiian, provisions shall be made to address adequate live sizing for pressure and volume considerations. D. Controlling Access to Lines In In[erMt Areas Public watm or public sewn Linea extended to provide service m an adverse public healtt condition or essential public faciliry cannot be used for ocher purposes or ocher parties, except to remedy another adverse public health condition. 16 E.. Siting of Essential Pnblic Facilities Within Interest Areas. The location of some essential. public faciites, particularly - schools, requims special consideration for access to public wafer and sewer lines. ' Where possib]e;schook shallbe sited in a mamer than promotes the eflieieut use of existing water and sewer service. Preferably, a set of criteria governing such situations would he developed based on consultations between dae appropriate school boards and the elated officials of afieaed jurisdictions, and applied as necessary. - Publicly-owned facilities other tlun a public school shall be located in a manner that promotes the orderly provision of water and sews[ service. The prefenedmethod of cormecuo¢ is to lines dt¢t alirady exisC, or in s marmer chat would minimize ' .the need to extend existing lines. F. Water and Sewer Senice Into/Out of Orange County Water end sewer service of any of the stoics providers that are parties to this `ageement shall not he extended outside of the boundaries of Orange County without the appmval of the elected. boards which exercise plarmmg jurisdiction on either side of the County bomrdary. Arty extension oflines or service ittto Cnatham Comrty rerpthes the approval of Orange County, Chapel Hill or • Carrbom, and OWASA. This appmval is nor required when wafer and sewer service is required as a mndifion of armexation by the towns of Chapel Hill m Canboro. ~r~~ia~s'~s~+~~"~`~iiur,vui~r~wi~sT. ~ ~~ A. F.mergeocy Water Transfers (This subsection shall not apply m anv aveiem nncrated by a municioaliNl Fmugency water transfers arc tract rs thst 1. Are made Cor short-term duradon. For the purpose of this Agreement; short-term dmadon shall be re1'iewed al 30 days, 60 days and 90 days, with subsequent 90-day intervals up to one year, as per the following process: a. Afire 30 days dmarim, a memo from the erne[ adminisnanve olf dais of the service providers will be srnt to the manages of thejurisdictions that are parties to this Ageeement. The memo shall documem the emugevey, steps being taken to address the situation, and notify the managers of - the potential far a longu period of the emugency water tmnstu. b. At fi0 days. the sen~ce provider sending the ware sball notify its elected hoard (m, m the case of OWASA, the member government electedhnard++) on the srams of the emegeney and provide opporlwity for the boards to review and comment on the sitmtion. The receiving provider shall provide sitnilar idbrmation. c. Betwern 60 days and 90 days from ineeptionof ttansfu, dte elected boards which exeicise planningjurisdiction on eiNu side ofthe boundary in which the-service is provided shall review and approve or not approve the conrirmation of the transfu beyond 90 days. If continuation of the trunsfu is approved, it may continue for m additiona190.day period. Approval shall be requved for each subsequent 90-day period, with a maximum cmugeoty ware nansfu dtna[ion of 365 days from inception. Lack of action by the eleard boards as providedm this subsection 18 constitutes approval. fur the subsequent 90-day Period. d. At me 30-0ay point, the service provider shall detemtine that adequate water and other resources and facility capacities are available to support the extrnded emergency transfer wifhow adversely ' affecting the quality and quantity of vater supply and services to customers widrin its service area, and without adversely affecting environmental quality within its service area; AND 2. Are nm intended m provide iaw m finished Water supp]y necessary msupport new growth and development within fie service area aCthe service provider receiving the transfer, Neit?,erparty sha11, in planning for 1•,wre growth and associated increases in water supply needs, ' rely upon waver from the other party supplied under this agreement to serve such growth. ' a. A service pmvider experiencing a water emergency and receiving emergency ware ' ' transfers must agrce m act expeditiously and - adequately m mitigate and remove the causes of the emergency conditions. _ B. Non-Emergency Wamr Transfers (This subsection sba0 not apply to the Towv of Ailishorough uut0 Jsauary 1, 2005.) Nov-emergency water trans~rs Brea only pernitted with the approval of the Orat'rge County 60814 of Cormviasioners and the elected mappointed boards of the service providers - providing md/m receiving the Transfer. 1f OWASA is the service provide[, approval must come fmm the OWASA Board of Directors and the elected boards of Camboro, Chapel Hill and Orange County. C. Wastmvater Transfers Wastewater transfers are uNy permitted vrith the approval of the Orange County Board of Commissioners and the eluted ur appointed boards of the service providrns providing the transfer. If OWASA is the service provider, approval must come fmm the OWASA Board ofDircctors and the elemed boards of Camboro, Chapel Hill and Orange County. t~~~ S:%a~L~N„~A6ETQP.THEBAfiR~.~~T$,x x ...@. ~=f ~~^_:. Linkages to Other Agreements There are a number of existing a~eements among [he parties m this aereemem that are mlerant to the managemem and Alarming of public water and sewer service. In addition, this amxmrnl and those lis[edixlow should a116e read together Whew inconsistencies exist, this agreemrn[ shall control, except as otherwise prmdded by ]aw. ]ncluded among these mlovaol agreements with linkages are' • Hillsborough-Durham Service Area Agreemm[ • OWASA-Durham Service Agreement • Eno River Capacity Use Ageement • HillsborougWOrange-Alamance Water Systems Agrccman • DWASA-Hdlsborough Serviee Agrcemrnt • OWASA-Hi-sborough Bulk Water Tiansfer Agreement • Chapel Hill-Dwham Annexation Agreement • Mutval AidA~mem ' • Jordan Lake Allocations from NC DEHNR • DWASA Agreements ofpurchase and Sale 6envern l) OWASA mid Cambmo, 2) OWASA and Chapel Hill, and ?) Oq'ASA and UNC 20 ' OWASA Agreement and Policy relaed to Cxtrns'ionsof water and sewer into University Lake Watershed (applicable to water and sewer service m liangewood Subdivision and Heritage Hills Subdivision) ' • OWASA-Orange County Ay'reements related m Piney. MowHain Subdivision sewer service .....,..., ,pa : A. Water and Sewer Service Boundaries Map B. Cluage to tbeWaur and SewerHOUVdary Task Force C. '. Toolbox of ltemedie5 for Adverse Public Health Conditions V.- Joim Plarvdng Area Boundary Map E.. Cornprchensive Plan Land Use Maps for all.Orange County local ' governments, and of Chatham Cowry TIiIS ACREEhi6NT E:~TFRED I\T07D1S DAY OP Chair, Orange Cnunry board ofCOnwissiovers An~sn Clerk w the Orange Cowry Hoard o[Cnmmissiwers Mayor, ~-o~.n of cTapel Din Anrzr: Town Cler$ Town of CM1a0e1 Hill Mayor, Town ofCarrboro nnexc Town Clerk, Town ofCartbmo Anent Town Clerk, Tawn of f IJlsborough MayoS Toem or Hillsborough Aneac Char, OWASA Board Lg:vauyeawyA~Mlvmvm.vswq~s.+StEOc ({/O/ICNMPNj J _ d2 ~~~~ irp ~ ~~o Towrv of Gueel. Hw, ~! ~ ~~ 306 Nonrn G auman 8+aerr ~_ __J CHAPEL }FILL, NORiH CRROLWA 27$1$ O'ncewrss Mnvpq (919)9fi0-2114 CIC10IFr 8, 20o1 FAX 91896]-BIOfi The Hmmable Btephen H. Halkioris Chad, Oamge Comfy Bomd ofComndeaioners P.O. Box 8181 Hilleborougla, NC 27276 I'~ i" ~ Dear CmnmissimmH~4s: Enclosed is a ceLlifietl wpy o[Reeoludon 2001-OS-27/8-11a ofthe Toam Cowcil ofthe Town ofCfmpel Hill adeptingthe Watamd ScwerMmagemmt Plmwvg aml Boundary Ageavem. The Ageement was adopted by Oe Town Cvmcil on August 27, 2001. Please vote flat Ne Rceolutimivcludw two rerisiom to the Ag«mmt, both related m Ihemap contvned in Appendix A m the Agemmm. The lust revision other APPmda A should wntainthe maP dated April 1],199], mNw Yhen Ne mep det~Maroh 29, 2DD1. The Maroh29, 2001 mep mvtaivs mom. The sewndrevision is that the April 17,199] map in Appmdiz A ahonld be revised to reflect [M1e moan sendcw bmnsdery illastrazed vv the Lmd Ilse Play adopted by lbe Toxv Council on May 8, 2000. I have enclosed a copy of0e Town's Lend Use Plm for your reference. ' We look forwmd to working with }rou b eceemplish the adoption ofNe Weter eM Sewer Mmaganevt, PUwing and Boundary Agmcmen[ by all the parties. ~Siaravly, I~ ost M~j Rosemary 1. walaod Meyor u: Homve Johnson, MeyoL, Town of}Bllsbas0ugh Michael Neleev, Mayan Tovm of Cevboro Dr. PM Gordon, Chair, OWASA Beard ofDvactOn mo CerGSed copy of Resolution 2001-OB-27/8-lla. Town of Chapel HiE 2000 Lmd Use Plm I ~- _ _._._ '.;.' ~i OCT I 0 +. I~~~~-,. I-_~_ ~ I, Joyce A Smtth, CMC, Tawu Clerk of the Towu of Chapel HOy ao hereby certify that the attached u e true eutl correct copy of Resolution 2001-OS- - 27/R-tla, adopted of the Towu CouucO of the Towa of Chapel Ifill ou August 27, 2001. This the 281h day of September, 2001. Ja a Smith, CM Towu Clerk ~G~•~=t~ o~~ { Y$~, ti @ CA9C A REBOLUTiON ADOPT'INC THE WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT (3001-08-3]B-lla) WE~REAE, Cartboro, Chapel HOI, }ROaborough, Orange County end OWASA have worked foe vumb¢ of years towed developing a Water end Sews Mevegemm[, Plmvivg and Boundary Agreanrnt and have wNorized aigoing the Agremrmt; WI-ffiRBAS; the work of a task force created m recommend m agre¢nmt has been considered ov aeveml veceaie~aby tech ofthe govemmrnta that wiO become partieato the egreemm5 erd W['.EREAS, each of tba conema of the govermvma bsa hem addre 1, m the extent poaaiblq m the version of that agreement that u Exhibit A, [he Water and Sew¢ Mavagmrmt, Pldming and Boundary Agre®mS as t~setitted by Oae Board of County Conmilasionua in a lever dat~April t$3001; ' WHEREAS, ov May e, 2000, Oe Cowcil adopted a 2000 Comprchevaive Plm that reduced the Town's Urban Sarvicee Arcamthe mnth¢n arse; - WtiQItEAS, the CoumO deeirw Oat OWASA's primary s¢vice area be. c~gment with the Town's urban s¢vicea area; NOW, THEREFORE, BE IT RESOLVED by Ne Cowcil of the Town o£Chapet HiO thm Na Cowcil aplnwee Ne F rm and the substance of pvF;bi[ A, the Watm mdSewa Mmagemmt, Plawivg and Boundary Agc¢vmt as rcavRVittM by Ne eoaM oT Cowry Commissioners iv lett¢ dated Aprit I8, 2001, wiW the exception Ora[ Appendix A coutew the map dated April 1], 199], rather thm the map dated Mereh 29, 2001, and that that map ba revised to itmlude We ,When services bowdary Wuetrat~ w the Lmd Use Plan adopted by the Tovm Cowcil on May 8,]000. Tlde Ore 2]th day ofAUgue4 2001 Ir-1~~~~I~f .~, j~~ f~ AT9MHMFNT Adopted May 8, 2000 Legend lantl Vu CebBOree ~RUaI PetIMnAY,luMSx flual z'd 4].I UrtIRbfi: IT:':]WV Rafn6tl.l uel/x Lw R®1m651, f d ump lau. Hallam PwMeNieI,C6isle2 ~H~A Rn4EM6t1,b15un~b lm. ®C]mmntlH MIwOVf~MVaCm. En41n MiW Uw,gfis Ertynw ®iawNNl~Cenle WtWar SGRrs VmvxMy ~Pmk~Lpn Epxe n~lli' MIIMM-PB SNalal Mess ~ P~.tlamalLttmv~mrv~ watw~minuo aA axuman x~ g}+mam~rem QlrnwiyArea p owrmscrosm D xw~sre a~~ ~ F~ awdawms aryumm,~sss Figure 1' -~a The Land Use Plar Comprehensive Plar ~° °y~ ~ ~•~n Chapel Hill, North Camlin.