HomeMy WebLinkAboutAgenda 11-06-2025; 5-b - Unified Development Ordinance Text Amendments – Impervious Surfaces, Watershed Protection Overlay Districts, and Stream Buffers 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 6, 2025
Action Agenda
Item No. 5-b
SUBJECT: Unified Development Ordinance Text Amendments — Impervious Surfaces,
Watershed Protection Overlay Districts, and Stream Buffers
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Statement of Approval and Consistency Christopher Sandt, County Engineer, 919-
2. Proposed UDO Text Amendments 245-2583
3. August 18, 2025 Joint Planning Review Patrick Mallett, Deputy Director, 919-245-
Comments from Town of Carrboro 2577
4. Excerpt of Draft October 1, 2025 Cy Stober, Director, 919-245-2592
Planning Board Minutes and Signed
Statement of Approval and Consistency
5. Presentation
PURPOSE: To hold a public hearing, receive the Planning Board and staff recommendations,
consider public comment, close the public hearing, and consider action on Planning Director-
initiated text amendments to the Unified Development Ordinance (UDO) pertaining to Impervious
Surfaces, Watershed Protection Overlay Districts, and Stream Buffers.
BACKGROUND: The Orange County Planning & Inspections Department has initiated text
amendments to UDO Sections 2.20, 4.2, 6.13, and Article 10. The proposed amendments are
multi-faceted in purpose and are intended to be comprehensive in addressing overly complex
text/tables, and to improve interpretation and application of the UDO for both staff and applicants.
Specifically, the amendments address:
1) Refinements and reading clarity improvements related to impervious surface area limits
and existing development definition timelines for the County's thirteen (13) Watershed
Protection Overlay Districts, including deletion of the obsolete "Sliding Scale Table" (Tables
4.2.5.2 & 4.2.5.3); and
2) Refinement of minimum reservoir buffer widths for the Upper Eno Critical Watershed
Protection Overlay District to better accommodate known non-conforming lots located
around the shoreline of Lake Orange and reduce setback variance requests related to this
specific location.
3) Refinement of the "Water Feature" definition within Article 10 to clarify and conform with
County/State/Federal regulatory authority.
The proposed amendments can be found in Attachment 2 within a "track changes" format.
Joint Planning Area (JPA) Review: In accordance with the Orange County-Chapel Hill-Carrboro
Joint Planning Land Use Plan and Agreement, the proposed UDO text amendments package was
2
sent to Town staffs on July 30, 2025. Town of Carrboro staff sent the comments contained in
Attachment 3 on August 18, 2025, and found no inconsistency with the Joint Planning Area Land
Use Plan. To date, no comments have been received from the Town of Chapel Hill.
Planning Board Recommendation: The Planning Board reviewed this item at its October 1, 2025,
regular meeting. The Planning Board voted unanimously to recommend approval of the proposed
text amendments. An excerpt of draft minutes from the October 1, 2025, meeting and the signed
Statement of Approval and Consistency are included in Attachment 4. Prior to making its
recommendation, the Planning Board reviewed the materials in an "Ordinance Review
Committee" (ORC) meeting on July 9, 2025. Agenda materials for these meetings are available
at: http://orangecountync.gov/AgendaCenter/Planning-Board-26.
Planning Director's Recommendation: The Planning Director recommends approval of the
Statement of Approval and Consistency as contained in Attachment 1 and approval of the
proposed UDO Text Amendments as contained in Attachment 2.
FINANCIAL IMPACT: There are no costs associated with these text amendments other than the
use of staff time and the required legal advertisement for the text amendments' public hearing.
Staff has and will continue to accomplish the necessary tasks associated with amending the UDO
and the legal advertisement will be paid from budgeted funds for this purpose.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 6. Protect water supply/watersheds.
RECOMMENDATION(S): The Manager recommends that the Board:
1. Receive the proposed UDO Text Amendments as detailed in this abstract and attachments;
2. Conduct the public hearing and accept the Planning Board recommendation and
staff/public comment(s);
3. Close the public hearing; and
4. Vote to Approve the Statement of Approval and Consistency (Attachment 1) and the
proposed UDO Text Amendments (Attachment 2).
OR
Vote to Deny the Statement of Approval and Consistency (Attachment 1) and the
proposed UDO Text Amendments (Attachment 2) due to a stated rationale of inconsistency
with the County's adopted plans.
ORD-2025-037 Attachment 1 3
STATEMENT OF APPROVAL AND CONSISTENCY OF
PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENTS
PERTAINING TO IMPERVIOUS AREA,WATERSHED PROTECTION OVERLAY
DISTRICTS (WPODs),AND STREAM BUFFERS
Orange County has initiated amendments to the Unified Development Ordinance(UDO)to revise
regulations pertaining to impervious area,watershed protection overlay districts (WPODs), and stream
buffers.
The Board of County Commissioners hereby approves the proposed text amendments and finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments, including review by the Development Advisory Committee (DAC), as required in
UDO Section 1.9, have been met;
2. The amendments are consistent with the adopted 2030 Orange County Comprehensive Plan, as
prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendments specifically support the following adopted 2030 Comprehensive Plan Guiding
Principles and Objectives:
a. Planning Principle 2.2- Sustainable Growth and Development—Growth and development
within the county should occur in a pattern, location, and density that is sustainable over
the long-term;
b. Planning Principle 2.6—Water Resources Preservation-The County has finite water
resources to provide to future populations. The protection and management of the
County's water resources should be a high priority;
c. Services and Community Facilities Objective EC-1: Continue to use Best Management
Practices (BMP's) for stormwater control, as outlined within the Orange County Zoning
Ordinance, Stormwater Ordinance, and Sedimentation Control Ordinance, to minimize
potential adverse impacts on the water quality.
4. The amendments specifically support the following adopted 2025 Strategic Plan Goals and
Objectives:
a. Strategic Plan Goal #1: Environmental Protection and Climate Action — Objective 6 —
Protect water supply/watersheds;
5. The amendments are consistent with these principles,goals and objectives because implementation
will result in improved UDO reading clarity and compliance with current General Statutes specific
to impervious surface area limits and pre-existing development definitions within Watershed
Protection Overlay Districts (WPODs);
6. The amendments are reasonable and in the public interest because they will make development
restrictions for legacy, non-conforming lots located around Lake Orange more similar to those
found elsewhere in Orange County; and bring the UDO into further compliance with State laws,
specifically the changes created by North Carolina Session Law 23-137.
4
ORD-2025-037
The Board of County Commissioners hereby adopts this Statement of Approval and Consistency and the
findings expressed herein.
Jamezetta Bedford, Chair Date
Article 2: Procedures rJ
Section 2.20: Stream Buffers—Use Authorization Certificate
(iv) There will be no substantial change in the permitted activity.
(2) The Erosion and Sedimentation Control Plan holder shall comply with all terms
and conditions of the Erosion and Sedimentation Control Plan until such time as
the Erosion and Sedimentation Control Plan is transferred.
(3) The successor-owner shall comply with all the terms and conditions of the
Erosion and Sedimentation Control Plan once the Erosion and Sedimentation
Control Plan is transferred.
(4) Notwithstanding changes to law made after the original issuance of the Erosion
and Sedimentation Control Plan, the Erosion Control Officer may not impose new
or different terms and conditions in the Erosion and Sedimentation Control Plan
without the prior express consent of the successor-owner. Nothing in this
subsection shall prevent the Erosion Control Officer from requiring a revised
Erosion and Sedimentation Control Plan pursuant to General Statute 113A-
54.1.(b).
2.20.1 Use Authorization Certificate
(A) Application Requirements
(1) An application for a Stream Buffer lose-'-Authorization Certificate shall be filed
with the Erosion Control Officer on forms provided by the Planning Department.
(2) Complete applications shall include the following:
(a) The name, address and phone number of the applicant;
(b) The nature of the activity to be conducted by the applicant;
(c) The location of the activity, including the jurisdiction;
(d) A map of sufficient detail to accurately delineate the boundaries of the
land to be utilized in carrying out the activity, the location and dimensions
of any disturbance in riparian buffers associated with the activity, and the
extent of riparian buffers on the land;
(e) An explanation of why this plan for the activity cannot be practically
accomplished, reduced or reconfigured to better minimize disturbance to
the riparian buffer, preserve aquatic life and habitat and protect water
quality; and
(f) Plans for any best management practices proposed to be used to control
the impacts associated with the activity.
(B) Timeframe for Review
(1) All requests shall be reviewed by the Erosion Control Officer and either approved
or denied within 60 days of receipt of a complete application.
(2) Failure to issue an approval or denial within 60 days shall constitute that the
applicant has demonstrated "no practical alternatives."
(3) The Erosion Control Officer may attach conditions to the Authorization Certificate
that support the purpose, spirit and intent of the riparian buffer protection
program.
(C) Disputes
1 Correction to our standard form name.
Orange County, North Carolina—Unified Development Ordinance Page 2-65
Article 2: Procedures 6
Section 2.21:stormwater management
Any disputes over determinations regarding Stream Buffer?Authorization Certificates
shall be referred to the Division of Water Resources of the North Carolina Department of
Environmental Quality (NCDEQ)for a decision.
SECTION •R
2.21.1 Stormwater Management Plan
(A) Application Requirements
(1) A Stormwater Management Plan (SMP) shall be prepared for all Land-Disturbing
Activities subject to this Ordinance whenever the proposed Land-Disturbing
Activity exceeds the stormwater thresholds as defined in the Orange County
Watershed Matrix (Table 4.2.10 of this Ordinance).
(B) Plan Requirements
(1) Any proposed permanent Stormwater Control Measures (SCMs) must be shown
as part of the SMP and must accompany the Land Disturbing Permit (LDP)
application submittal package. SCMs shall meet the requirements of the most
current version of the North Carolina Administrative Code Title 15A, Subchapter
02H Sections .1000 through .1062, and the most current version of the
Department of Environmental Quality (NCDEQ) Stormwater Design Manual.
(2) All calculations for Nutrient Export (including the nutrient accounting tool), Peak
Run-off Volume, and permanent SCMs designed for Nutrient Removal, as
applicable per the requirements of Section 6.14 of this Ordinance, must be
included in the LDP application submittal package.
(3) SCMs that are designed, constructed and maintained in accordance with the
most current version of the North Carolina Administrative Code Title 15A,
Subchapter 02H, Sections .1000 through .1062 and the most current version of
the NCDEQ Stormwater Design Manual, the approved accounting tools, and the
requirements listed in Section 6.14 of this Ordinance will be presumed to meet
the required performance standards of Section 6.14 of this Ordinance. Submittals
containing measures not designed to these specifications, may be approved on a
case by case basis provided the applicant provides adequate data and
information showing how the deviations meet the requirements of Section 6.14 of
this Ordinance.
(C) Plan Approval
The Erosion Control Officer is authorized to approve any SMP which is in conformance
with the performance standards specified in the most current version of the North
Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062
and the most current version of the NC DEQ Stormwater Design Manual, and other
requirements of this Ordinance.
(D) Approved Plan a Prerequisite
The Erosion Control Officer is not authorized to issue any LDPs for development on any
land that is defined as new development under Section 6.14 of this Ordinance unless
and until an SMP in compliance with the requirements of this Ordinance has been
approved.
(E) Design of Permanent Nutrient Export Reduction Stormwater Control Measures
When a permanent nutrient export reduction SCM is required for new development to
meet the requirements of this Ordinance, a North Carolina registered professional
engineer shall prepare the SMP with the Engineer's Certification of Stormwater
Management affixed, signed, sealed and dated.
z Correction to our standard form name.
Orange County, North Carolina—Unified Development Ordinance Page 2-66
7
ARTICLE 4: OVERLAY ZONING DISTRICTS
SECTION 4.1: GENERALLY
4.1.1 Description, Standards, and Conflicts
(A) Overlay districts are supplemental to general zoning district classifications and are applied in
combination to address special situations or to accomplish specific planning and land use goals.
(B) Unless otherwise expressly stated, all applicable regulations of the underlying district apply to
property in an overlay district.
(C) Unless otherwise stated, all applicable standards of this Ordinance apply to property in an overlay
district.
(D) When overlay district standards conflict with standards that otherwise apply in the underlying
district, the regulations of the overlay district always govern.
SECTIONPROTECTION
4.2.1 Purpose and Intent
(A) The purpose of the Watershed Protection Overlay Districts is to prevent significant future water
quality deterioration in existing or potential future drinking water reservoirs which receive stormwater
runoff from land within Orange County.
(1) Protection of all water supplies within the State in accordance with minimum
standards was mandated by NCGS §143-214.5.
(2) The quality of water in drinking water reservoirs can be affected by human
activities including farming, construction of highways and roads, subdivision
development, industrial development, and other land-disturbing activities. Types
of water pollutants resulting from these activities include sediment, bacterial
contamination, heavy metals, synthetic organic compounds and low-level
radioactivity.
(B) The intent of the Watershed Protection Overlay Districts is to apply a set of regulations involving
land use and, in some cases, structural best management practices which protect the watersheds by
reducing the pollution from future development which enters drinking water supplies.
(1) Land use management practices involve minimum lot size and impervious
surface restrictions, since impervious surfaces such as roads, roof tops and
driveways are a major source of pollution.
(2) Structural best management practices allow for more intensive land use by
providing for temporary detention of stormwater runoff so that pollutants may
settle.
4.2.2 Applicability
(A) The Watershed Protection Overlay Districts as established herein overlay other zoning districts
established in this Ordinance. The new use of any land or new structure within any Watershed Protection
Overlay District shall comply with the use regulations applicable to the underlying zoning district as well
as the requirements of the applicable Watershed Protection Overlay District.
(B) A Watershed Protection Overlay District shall be applied to the Orange County portion of
watersheds which have been classified as WS-II, WS-III or WS-IV watersheds by the North Carolina
Environmental Management Commission in its implementation of NCGS §143-214.5. In accordance with
3 Staff recommendation to add "Overlay District"to the end of article section title to provide additional clarity for
the reader.
Orange County, North Carolina—Unified Development Ordinance Page 4-1
Article 4: Overlay Zoning Districts $
Section 4.2:Watershed Protection Overlay Districts2F
the State Mandate, thirteen 1314 Watershed Protection District Overlays, as listed in the table in
subsection (EB) belows, are hereby established.
(C) Areas designated as "Critical Area" under the Orange County designation are hereby established
using the following criteria:
(1) The land area in the Upper Eno watershed (straight line distance)within one-half
mile of the normal pool elevation (NPE), or nearest available contour line used
for the calculation, of an existing Class I or Class II reservoir or proposed water
supply reservoir designated for protection, or the ridgeline of the sub-watershed,
whichever is less; and
(2) The land area within one-half mile on each side for an upstream distance of 2.5
miles (straight line distance) of any fifth order or higher stream flowing into a
Class I reservoir, or the ridgeline of the sub-watershed, whichever is less; and
(3) The land area within one-half mile on each side of a fourth order or higher stream
flowing between any Class 11 and Class I reservoir; and
(4) The land area within one-half mile on each side for an upstream distance of 1.5
miles (straight line distance) of a third or fourth order stream flowing directly into
any Class I reservoir; and
(5) The land area within one-half mile on each side for an upstream distance of 1.0
mile (straight line distance) of a third or fourth order stream flowing into a fourth
order or higher stream that is within 1.0 miles (straight line distance) of a Class I
reservoir; and
(6) Any isolated areas within the overall critical area boundary that drain into any of
the streams listed above.
(7) Areas designated as Transition Areas on the Land Use Element Map of the
Orange County Comprehensive Plan are excluded from designation as a Critical
Area, except for land areas located within one-half mile from the normal pool
elevation of a Class I reservoir.
(8) The land area north of the centerline of West Ten Road and west of the
centerline of the Interstate 85/U.S. 70 Connector is excluded from designation as
a Critical Area, except for land areas located within one-half mile from the normal
pool elevation of a Class I reservoir.
(D) The designation of"Protected" applies to areas of watersheds classified as WS-11, WSIII, or WS-
IV outside of areas designated as "Critical Area."
(E) General Locations of Watershed Protection Overlay Districts
TABLE 4.2.2.E:WATERSHED PROTECTION OVERLAY DISTRICTS
DISTRICT GENERAL LOCATION
UNIV-CA University Lake Critical One-half mile from the normal pool elevation of University Lake, or
Area to the ridgeline of the watershed, whichever is less.
University Lake The portion of the drainage basin of University Lake not covered by
UNIV-PW Protected Watershed UNIV-CA.
Overlay District
CANE-CA Cane Creek Critical One-half mile from the normal pool elevation of Cane Creek
Area Overlay District Reservoir, or to the ridgeline of the watershed,whichever is less.
a Staff recommendation to improve reading clarity.
5 The correct subsection is now referenced.
e Table 4.2.2.E has been reformatted to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-2
Article 4: Overlay Zoning Districts 9
Section 4.2:Watershed Protection Overlay Districts2F
TABLE 4.2.2.E:WATERSHED PROTECTION OVERLAY
DISTRICT GENERAL LOCATION
Cane Creek Protected The portion of the drainage basin of Cane Creek Reservoir not
CANE-PW Watershed Overlay covered by CANE-CA.
District
One-half mile from the normal pool elevation,or to the ridgeline of
the watershed, whichever is less, of the following Class I reservoirs:
Corporation Lake (538' actual NPE, 540'contour line used)and
Lake Ben Johnson (515' NPE and contour line used). One-half mile
(straight line measurement)from the normal pool elevation, or to the
ridgeline of the watershed, whichever is less, of the following Class
II reservoirs: Lake Orange(615' NPE and contour line used)and
U-ENO-CA Upper Eno Critical Area West Fork on the Eno(642' NPE, 642'contour line used); and the
Overlay District land area within one-half mile(straight line measurement)on each
side of other streams designated for protection. These protected
streams include portions of: Eno River, Seven Mile Creek,West
Fork of the Eno River, East Fork of the Eno River, Rocky Run,
Stream ID 1625, Stream ID 1498, Dry Run Creek, Crabtree Creek,
and Stream ID 2109. (Source of elevation data: Atlantic
Technologies Ltd., 1998 planimetric project approved by Orange
County GIS).
U-ENO-PW Upper Eno Protected The portion of the Upper Eno drainage basin not covered by U-
Watershed Overlay ENO-CA.
Lower Eno Protected The Orange County portion of the Eno River Watershed within ten
L-ENO-PW Watershed Overly miles of the City of Durham Emergency Water Intake east of US 501
(Roxboro Road).
Little River Protected The portion of drainage basin of the Little River Reservoir which is
LITTLE-PW Watershed Overlay located in Orange County.
District
Back Creek Protected The portion of the drainage basin of Back Creek which is located in
BACK-PW Watershed Overlay
District Orange County.
South Hyco Creek The portion of the drainage basin of South Hyco Creek which is
HYCO-PW Protected Watershed
Overlay District located in Orange County.
Flat River Protected The portion of the drainage basin of the Flat River which is located
FLAT-PW Watershed Overlay in Orange County.
District
Haw River Protected The portion of the drainage basin for the Haw River which is located
HAW-PW Watershed Overlay in Orange County
District
Jordan Lake Protected The Orange County portion of the Jordan Lake Watershed which
JORDAN-PW Watershed Overlay extends five miles from the normal pool elevation of the
District impoundment.
(F) Existing Development
The following residential or non-residential structures shall be considered existing
development for the purpose of determining compliance with or applicability of Sections
4.2, 6.13, 6.14, and 6.15 of this Ordinance and 6.13.3, 6.13.4, 6.13.6, 6.13.9, 6.14.4,
6.14.10, F1A11 and 6.15.7(13)(3)z:
Simplified reference to applicable sections of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 4-3
Article 4: Overlay Zoning Districts 10
Section 4.2:Watershed Protection Overlay Districts2F
(1) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to January 1, 1994;
or
(2) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to February 12, 1997
with respect to the Town of Hillsborough purchase of property associated with
expanding the West Fork of the Eno reservoir; or
(3) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to October 19, 1999
with respect to the October 19, 1999 amendments related to the CANE-CA and
CANE-PW districts, or
(4) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to September 19,
2001 with respect to the Stream Buffer/Usable Lot amendments, or
(5) Was either constructed prior to, or constructed in accordance with a valid building
permit issued prior to, or was included as part of a Site Specific Development
Plan approved by the Board of County Commissioners prior to May 20, 2003 with
respect to the Stream Classification Amendments, or
(6) Had otherwise established a vested right under North Carolina Zoning law prior
to January 1, 1994, or October 19, 1999 with respect to the October 19, 1999
amendments related to the CANE-CA and CANE-PW districts, or September 19,
2001 with respect to the Stream Buffer/Usable Lot amendments, or May 20, 2003
with respect to the Stream Classification Amendments.
(G) Existing development is hereby deemed to be conforming with respect to requirements of
Sections 4.2, 6.13, 6.14, and 6.15 of this Ordinance.86.13.3, 6.13.4 6.13.6, 6.13.8, 6.14.4, 6.14.10,
6.14.11, and 6 1 F 7(B)(3) of this nrdinanGe. Periodic updates to FEMA maps may affect structures
located within the special flood hazard area of specific streams.
(H) Redevelopment
(1) The rebuilding or replacement of residential or nonresidential structures which
are defined as existing development according to subsection (F) above is
allowed, provided that the rebuilding or replacement does not result in an
increase in the amount of impervious surface, and does not encroach any farther
into stream buffers or setbacks from reservoirs than the previous development.
(2) A structure which is rebuilt or replaced in accordance with these provisions is
deemed conforming with respect to setbacks from streams and reservoirs
required by Section 6.13 of this Ordinance.
(1) Existing Lots
(1) An existing lot, for the purpose of determining compliance with Sections 4.2.
6.13, 6.14, and 6.15 of this Ordinance9 and 6.13.3, 6.13.4, 6,13,6, 6.13.8, 6.14.4,
6.14.10, 61n11 and 6.15.7(B)(3), is defined as:
(a) A lot which was created prior to January 1, 1994, or
$Simplified reference to applicable sections of the UDO.
'Simplified reference to applicable sections of the UDO.
Orange County, North Carolina—Unified Development Ordinance Page 4-4
Article 4: Overlay Zoning Districts
Section 4.2:Watershed Protection Overlay Districts2F
(b) A lot within the Upper Eno watershed which was created prior to
February 12, 1997 with respect to the Town of Hillsborough purchase of
property associated with development of the West Fork on the Eno
reservoir; or
(c) A lot within the Cane Creek watershed which was created prior to
October 19, 1999, with respect to the October 19, 1999, amendments
related to the CANE-CA and CANE-PW districts, or
(d) Non-conforming lots of record.
(2) Stream buffers as required by Section 6.13, and setbacks for septic systems as
required by Section 4.2.9 may be reduced to the extent necessary to allow
development of the lot, provided that all of the following criteria are met:
(a) The septic system is sized to serve no more than four bedrooms; and
(b) The septic tank, drainfield and repair area (where required)can be
accommodated on 20,000 square feet of area or less; and
(c) The Orange County Planning Department, in consultation with Orange
County Environmental Health and/or the Orange County Staff10Engineer
has determined that encroachment of the structure into the stream buffer
and/or encroachment of the septic system or repair area into the stream
buffer or reservoir setback is necessary in order to provide adequate
area for septic disposal and repair while maintaining required
separations between wells, septic systems, structures and property lines;
and
(d) The Orange County Planning Department, in consultation with Orange
County Environmental Health and/or the Orange County Staff
L'Engineer, has determined that the relative locations of the well, septic
system and structure maximize the amount of watershed protection that
can be achieved while allowing development of the lot. Generally, an
exception to setbacks for repair area is preferable to an exception for the
initial septic system, and encroachment of structures or gravity septic
systems into the setback is preferable to the installation of a septic
system pump.
(e) The amount of encroachment into the stream or reservoir buffer is the
minimum amount which can be obtained while meeting the criteria in
subsections (a)through (d) in this subsection 4.2.2..L2
4.2.3 Land Use Restrictions
All uses and activities allowed in the underlying zoning district are permitted with the felleWiRg
exceptions for Watershed Protection Overlay Districts as indicated in Table 4.2.313:
10 The Orange County Engineer is the correct representative;the Staff Engineer position does not currently exist.
11 The Orange County Engineer is the correct representative;the Staff Engineer position does not currently exist.
12 Staff recommendation to improve reading clarity; incorporates Staff Attorney review comments.
13 Staff recommendation to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-5
Article 4: Overlay Zoning Districts 12
Section 4.2:Watershed Protection Overlay Districts2F
RESTRICTIONSTABLE 4.2.3 LAND USE
DISTRICT RESTRICTIONS
No new landfills are permitted.
UNIV-CA No commercial or industrial uses are permitted except for commercial development, in
UNIV-PW accordance with the provisions of the Ordinance, located within established Nodes as
CANE-CA detailed within the Orange County Comprehensive Plan.
U-ENO-CA
No new golf courses are permitted
UNIV-CA
CANE-CA No residual (sludge/biosolids)application is permitted.
U-ENO-CA
CANE-PW
U-ENO-PW
HYCO-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous light
LITTLE-PW industrial uses characterized by low water use(less than 10,000 gallons per day'�pd,
BACK-PW excluding domestic water(25 gallons per day'?gpd per employee)and water used for
FLAT-PW heating and air conditioning).
HAW-PW
L-ENO-PW
JORDAN-PW
4.2.4 Residential Density
Maximum residential density shall be as indicated in Table 4.2.41$+ho TAMP ;n this sybse t;G_ , or
as required by the underlying zoning district, whichever is less.
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAXIMUm DENSITY
One dwelling unit per five acres4-4.21%f;.�ae,
UNIV-CA Lots of record existing on October 2, 1989 may contain up to, but no more than,five lots
UNIV-PW with a density of one dwelling unit per22 d44/two acres. Contiguous lots of record existing
on October 2, 1989 may be combined into one parcel for development. The number of
two-acre lots and the total number of lots in the combined parcel cannot exceed the sum
of the number of lots which could be created from each lot of record.
14 Staff recommendation to update table name for improved reading clarity.
11 Table 4.2.3 has been reformatted to improve reading clarity.
1s Staff recommendation to eliminate the use of a technical acronym.
17 Staff recommendation to eliminate the use of a technical acronym.
1a Staff recommendation to improve reading clarity.
1e Staff recommendation to update table name for improved reading clarity.
20 Table 4.2.4 has been reformatted to improve reading clarity.
21 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
22 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-6
Article 4: Overlay Zoning Districts 13
Section 4.2:Watershed Protection Overlay Districts2F
TABLE 4.2.4 RESIDENTIAL DENSITY
DISTRICT MAXIMUm DENSITY
One dwelling unit per five acres.4_d23% pq
CANE-CA Lots of record existing on October 19, 1999 may contain up to, but no more than, five lots
CANE-PW as small as two acres in size. Contiguous lots of record existing on October 19, 1999
may be combined into one parcel for development.The number of two-acre lots and the
total number of lots in the combined parcel cannot exceed the sum of the number of lots
which could be created from each lot of record.
U-ENO-CA 24
LITTLE-PW One dwelling unit per two acres. 1.—, d„-,12 ;4p
'Fp_,;
�
HYCO-PW One dwelling unit 254 40,000 square feet(0.92 acre)
FLAT-PW
U-ENO-PW Maximum density is as permitted in the underlying zoning district.
L-ENO-PW
HAW-PW Stormwater Control Measures(SCMs)are required in some cases where density exceeds
JORDAN-PW one42fi dwelling unit per acre. Refer to Section 4.2.5.
BACK-PW
(A) Density Exceedance Allowance'
As enabled by NC G.S § 143-214.5(d3), an applicant may exceed the density otherwise
required by the applicable water supply watershed regulations, but not the underlying
zoning district, if all of the following circumstances apply:
(1) The property was developed prior to the effective date of the applicable water
supply watershed regulations;
(2) The property has not been combined with additional lots after January 1, 2021;
(3) The property has not participated in density averaging, as allowed by NC G.S.
§143-214.5(d2);
(4) The current use of the property is nonresidential; and
(5) The remaining vegetated buffers on the property are preserved in accordance
with Section 6.13.4 of this Ordinance.
(B) If all of the criteria of Section 4.2.4(A) are satisfied, an applicant may elect to apply the preexisting
development regulations, as specified in Section 6.14.5(C)of this Ordinance.
21 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
24 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
21 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
26 Staff recommendation to improve reading clarity.
21 This subsection/description was previously located in Section 4.2.8,which was very confusing to the reader. This
is the appropriate location for this statement.
Orange County, North Carolina–Unified Development Ordinance Page 4-7
Article 4: Overlay Zoning Districts 14
Section 4.2:Watershed Protection Overlay Districts2F
4.2.5 Impervious Surface LimitSHRequirerna for Residential Uses
The impervious surface limits for residential uses within Watershed Protection Overlay Districts
are noted in Table 4.2.5:29
TABLE 4.2.5 : IMPERVIOUS SURFACE (RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE (RESIDENTIAL)
6% impervious surface limit. [11, [2133
EXCEPT for all-3 lots smaller than two acres"that were createdwhiGh ex s'eW6 prior to
April 2, 199037412190,which are subject to a 12% impervious surface limit.38—Mpew+eE+s
UNIV-CA
UNIV-PW .P+421
easement, 9F QrPAtPd Acc;A dARAP with established density Fegulations threugh the-
SeGt!GR 4.2.8
6% impervious surface limit. r11, [2139
EXCEPT for lots smaller than two acres that were createdwh'^",� „���'ed!L'prior to January
1, 199441—, 194,which are subject to a 12% impervious surface limit.42�s
CANE-CA SUFfaGe I'mits as provided in the following Table (eRtitled Sliding SGal9 for Residential
CANE-PW . r'
Lets shall either be a minimu-m-of_2 ar--res; in aFea, eXG1616iVe ef any Fight of way OF aGGeGs
subdM6k)R PFGGeSS to qualify for addit'GRal impervieus as detailed in
6% impervious surface limit. [11, [21
U-ENO-CA EXCEPT for lots smaller than two-five acres that were createdwh'Gh ex+sted43 prior to
June 1, 2010446A/201.0,which are subject to a 12% impervious surface limit.450MpepVie616
28 Staff recommendation to update section name for improved reading clarity.
29 This is a new sentence to properly introduce this new Section and describe the contents of Table 4.2.5.
'0 Staff recommendation to update table name for improved reading clarity.
31 Table 4.2.5 has been reformatted to improve reading clarity.
32 Staff recommendation to update column name for improved reading clarity.
33 Removal of redundant information; residential density requirements are already summarized in Table 4.2.4.
34 Removed the word "all"to stay consistent with all other watershed limit descriptions.
"Added this text to clarify that the 12%impervious surface limit exception is only applicable to non-conforming
lots that are smaller than 2 acres as defined in the maximum residential density tale(Table 4.2.4).
3s Staff recommendation to improve reading clarity.
37 Staff recommendation to integrate consistent formatting.
3a For the UNIV watersheds,the"Sliding Scale"table will be eliminated,and a flat 12%impervious limit will be
died to all lots in existence prior to the effective date of the UNIV water supply watershed regulations.
39 Removal of redundant information; residential density requirements are already summarized in Table 4.2.4.
40 Staff recommendation to improve reading clarity.
41 Staff recommendation to integrate consistent formatting.
42 For CANE watersheds,the"Sliding Scale"table will be eliminated, and a flat 12%impervious limit will be applied
to all lots(<2 acres) in existence prior to the effective date of the CANE water supply watershed regulations.
43 Staff recommendation to improve reading clarity.
44 Staff recommendation to integrate consistent formatting.
45 For the U-ENO-CA watershed,the"Sliding Scale"table will be eliminated, and a flat 12%impervious limit will be
applied to all lots(<5 acres) in existence prior to the 2010 amendment of the U-ENO-CA water supply watershed.
Orange County, North Carolina—Unified Development Ordinance Page 4-8
Article 4: Overlay Zoning Districts 15
Section 4.2:Watershed Protection Overlay Districts2F
• M(RESIDENTIAL)
DISTRICT IMPERVIOUS SURFACE (RESIDENTIAL)
6% impervious surface limit. [11, [2146
EXCEPT for lots smaller than two acres that were created�^�",.,T,Gh en;Stea47 prior to January
1, 1994481/i/94,which are subject to a 12%impervious surface limit49
limits as provided in the following Table (entitled Sliding SGale faF Residential lmpeFvieus
LITTLE-PW c rforo Raties i ROV GaRe Rd Little). r1l r21
Lets shall effither be a minimum A-f 2-ar_-.res, in area, eXG1616'Ve ef aRY right of way er aGGess
FLAT-PW 12% impervious surface limit for new and existing lots. [11, [21tTJ-,-2;
HYCO-PW
12% impervious surface limit for existing and new lots outside of Transition Areas as
designated in the Orange County Land Use Plan. [1], [2j" [11, [21
30% impervious surface limit for developments which exceed a density one dwelling unit
per acres! du/acres' within Transition Areas as designated in the Orange County Land
Use Plan. Stormwater Control Measures (SCMs)are required if impervious surface
U-ENO-PW exceeds 12%.
BACK-PW [11, [21
70% impervious surface limit for residential uses developed at"high intensity"densities
(R-5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option). Stormwater Control Measures
(SCMs)are required if impervious surface exceeds 12%.52[11, [21 with SGMs
24% impervious surface limit with curb and gutter.' [11, [2153
36% impervious surface limit without curb and gutters„+, 2154[11, [2155
L-ENO-PW 70% impervious surface limit for residential uses developed at"high intensity"densities
(R-5, R-8, and R-13)in an Economic Development District as designated in the Land Use
Element of the Comprehensive Plan (high-density option)_ 56Stormwater Control
Measures (SCMs)are57 required ifwhen impervious surface exceeds:
24% (w/curb and gutter),or
36% (w/o curb and gutter). [11, [215$
HAW-PW 24% impervious surface limit. [11, [21 {2}
JORDAN-PW
46 Removal of redundant information; residential density requirements are already summarized in Table 4.2.4.
47 Staff recommendation to improve reading clarity.
48 Staff recommendation to integrate consistent formatting.
49 For the LITTLE-PW watershed,the"Sliding Scale"table will be eliminated,and a flat 12%impervious limit will be
applied to all lots in existence prior to the effective date of the LITTLE-PW water supply watershed.
so Staff recommendation to integrate consistent formatting.
si Staff recommendation to integrate consistent formatting.
sz Staff recommendation to integrate consistent formatting.
s3 Staff recommendation to integrate consistent formatting.
14 Staff recommendation to integrate consistent formatting.
"Staff recommendation to integrate consistent formatting.
16 Staff recommendation to integrate consistent formatting.
57 Staff recommendation to integrate consistent formatting.
58 Staff recommendation to integrate consistent formatting.
Orange County, North Carolina—Unified Development Ordinance Page 4-9
Article 4: Overlay Zoning Districts 16
Section 4.2:Watershed Protection Overlay Districts2F
IMPERVIOUSLIMITS3
DISTRICT IMPERVIOUS SURFACE (RESIDENTIAL)
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of this Ordinancee
D8 59
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or
Stormwater Control Measures(SCMs)may still be required based on the proposed amount of land disturbance on
a given parcel of property in accordance with applicable Orange County Erosion Control and State Stormwater
regulations.'
(13)LLHillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed, which is not a Watershed Protection Overlay District.61
However, wWithin the Hillsborough Economic Development District, as
designated in the Land Use Element of the Comprehensive Plan, the maximum
impervious surface ratio is 50% with detention ponds.
Gel'S blank DO NOT apply to the i ippeF ERR
31 4-3;234
_Mz 4" 43;068
_ � _ •_ 2-.9 48:2 42,885
2.9 400:4 42-,695
2-7 4-9 6 44467-
2-.6
-24672.6 4" 42,232
2:5 41,E 41;979
24 44.2 44,79-9
2.3 44-:4 44;424
2.2 44-6 414 6
2.4 44.9 44,7-94
43,069 2.0 42-.0 44,454
4�
&2 4-3;234 4.9 42.2 44097
4.9 64 4-3;384 4-.9 42-4 9,723
4.7 6 6 43;542 4-.7 42-9 9;334
4.6 68 4 625 4-.6 4-2-.9 819.24
4.5 7.0 4-3;7-24 4-.5 44.0 8,494
4.4 7.2 43,8W 4-4 443-.2 9,450
4:3 7.4 464 4-3 4-3:4 7;598
4.2 7:6 4 904 4-.2 43-:6 �9
4.4 7-9 4-3;930 4-. 4 6;64-2
4.0 4-4 44.0 6,098
59 Staff recommendation to integrate consistent formatting.
6o Spacing provided to improve reading clarity for footnotes.
ei Staff recommendation to add clarity here that the Lower Eno Unprotected is NOT a watershed protection
overlay district.
e2 This table has been eliminated entirely due to arbitrary sourcing(not codified by state) and user difficulty.
Orange County, North Carolina-Unified Development Ordinance Page 4-10
Article 4: Overlay Zoning Districts 17
Section 4.2:Watershed Protection Overlay Districts2F
L
�ESAT2:5.2-��A2 :3: SLIDING, SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE nT.10s
--
NIVsCANE, LITTLE,AND UPPER EN
CP11,; in WA rlh NOT onnhi+n the Upper CnG
39 9-.2 43;939 0 9 44:2 5;567
39 34 43-,904 9 3 44-4 &141-9
37 43,864 9-.7 444:6 4452
3:6 8-.9 4-3 I&99 9 6 44-.9 3-1869
35 99 4324 9 5 4-5:9 3;267
34 9-.2 43-,&2-5 94 4-5:2 2,
33 9-4 43-120-.3
444. 2;94-2
33 9:-6 9.2 4-&-.6 4,359
454.2.6 Impervious Surface Limits63 and Minimum64 Lot Size Requirements for Non-
Residential Uses
The impervious surface limits and minimum lot sizes for non-residential uses within Watershed
Protection Overlay Districts are noted in Table 4.2.6.65 Unless otherwise noted in the-Table 4.2.6
below, the minimum lot sizes for non-residential use0-6 shall be in conformance with the
underlying zoning district.
RESIDENTIAL)TABLE 4.2.6: IMPERVIOUS SURFACE
DISTRICT IMPERVIOUS SURFACE
6% impervious surface limit. 111, 1`21
UNIV-CA 5-acre minimum lot size,with potential of up to five lots as small as two acresep r lot for lots that were created
CANE-CArip or toted September 1, 2015(for UNIV-C SRivers ti)or October 19, 1999(for CANE-CAGa-Re
Greek).; AND
0 GUS aGe 70
6% impervious surface limit. 1`11, 1`21
U-ENO-CA 2-acre minimum lot size.AND
0iMpeP.AiGHS S6IFfaGe kRit. 71
ea Staff recommendation to update section name for improved reading clarity.
ea Six of our 13 Watershed Protection Overlay Districts do in fact have minimum lot sizes as adopted by the BOCC,
regardless of use. As such,this Table 4.2.6 has been reorganized for improved reading clarity.
6s This is a new introductory sentence to describe the contents of this subsection and Table 4.2.6.
66 Staff recommendation to improve reading clarity.
67 Staff recommendation to update table name for improved reading clarity.
"Table 4.2.6 has been reformatted to improve reading clarity.
61 Staff recommendation to update table name for improved reading clarity.
70 Staff recommendations to improve reading clarity.
71 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-11
Article 4: Overlay Zoning Districts 18
Section 4.2:Watershed Protection Overlay Districts2F
IMPERVIOUSTABLE 4.2.6:
•
DISTRICT
6 aGFe H;iRiFA1_1.rA let GiZe I.Vith p9teRtial ef up to five lets as Small as two�PA_Fes_;4e.r lets Of F8GGFd SeptembeF 1,
2015 (LJRiV8FS'tY Lake)GF QGtebeF 19, 1999 (GaRe GFeelo; AND
50% impervious surface limiti&R for all fire stations and solid waste collection centers_. Stormwater Control
Measures(SCMs)are required if impervious surface exceeds 12%.=2;A
12% impervious surface limitl&R for all other non-residential uses. f11, X21=ANB
UNIV-PW Oen-site infiltration of the first inch of stormwater runoff is required for all non-residential uses.; n—r•.,^,in
CANE-PW
For CANE-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to a
"mit ef1-.0%of the total watershed area(i.e.,a total of 139 acres of impervious surface within CANE-PW). [31
5fer nnn_residentia1 use (139,nreS;n CAn1F-P�. -acre minimum lot size with potential of up to five lots as
small as two acres per lot for lots that were created prior to September 1, 2015 (for UNIV-PW)or October 19,
1999 forCANE-PW . 7-2
Fnum let size AND
50% impervious surface limitl&R for all fire stations and solid waste collection centers. Stormwater Control
Measures(SCMs)are required if impervious surface exceeds 12%. f11, f21;A
12% impervious surface limitl&R for all other non-residential uses. r11, r21�9
LITTLE-PW Oen-site infiltration of the first inch of stormwater runoff is required for all non-residential uses.=,' t
For LITTLE-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to a
i+mit of 1-.G%--of the total watershed area (i.e., a total of 406 acres of impervious surface within LITTLE-PW). [31
fnr n sidnnfi of i s e (40162 o n 1_1 TT L C_PV
2-acre minimum lot size. [1], [2]73
70% impervious surface limitlSR in Economic Development, Commercial and/or Commercial--Industrial Nodes
as designated in the Land Use Element of the Comprehensive Plan (high-density option)_-w4l;-Stormwater
Control Measures (SCMs)are required if i#impervious surface 1 exceeds--1 2%. f11_[_J=A
50% impervious surface limiti-IR for all fire stations and solid waste collection centers outside of Commercial
and/or Commercial-Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan. with
Stormwater Control Measures(SCMs)are required if impervious surface if ISR exceeds=12%. f11, f21=A
12% impervious surface IimitIgR for all other non-residential uses outside of Commercial and/or Commercial-
U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan. [11, [21
BACK-PW =AND
Oen-site infiltration of the first inch of stormwater runoff is required for all non-residential uses. A
For U-ENO-PW, the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to 5%
of the total watershed area (i.e., a total of A 10mitef 1,151 acres of impervious surface within U-ENO-PW)AGA4e_
l31
For BACK-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses is limited to 1%
of the total watershed area (i.e., a total of 163 acres of impervious surface within BACK-PW). f31 skien#a4
threugheut IJ ENG PVV othreugheut BACK PVV(1 Z4
72 Staff recommendations to improve reading clarity.
73 Staff recommendations to improve reading clarity.
74 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-12
Article 4: Overlay Zoning Districts 19
Section 4.2:Watershed Protection Overlay Districts2F
IMPERVIOUSTABLE 4.2.6:
DISTRICT IMPERVIOUS SURFACE RESIDENTIAL) (NON-
50% impervious surface limitsl&R for all fire stations and solid waste collection centers. Stormwater Control
Measures(SCMs)are required if impervious surface exceeds 12%. M,L2]—A-nin
12% impervious surface limits for all other non-residential uses. II f21;A
HYCO-PW Oen-site infiltration of the first inch of stormwater runoff is required for all residential uses-;.AND
FLAT-PW
For HYCO-PW and FLAT-PW,the total impervious surface limit(total Built Upon Area)for non-residential uses
is limited to441%of the total watershed area(i.e.,a total of 37 acres of impervious surface in HYCO-PW and a
total of 66 acres of impervious surface in FLAT-PW). [31I.e"forshed fnr ne-R-resideantial , e (37 a uvrn_
D1A/ 66 aG es in FLAT-P.A.). [1] 2175
24% impervious surface limit with curb and gutter. [1], [2]
36% impervious surface limit without curb and gutter. [1], [2]
L-ENO-PW 70% impervious surface limit with Stormwater Control Measures (SCMs)_required ifwhen impervious surface
exceeds:
24% (w/curb and gutter);or
_36% (w/o curb and gutter). [1], [2]76
HAW-PW 24% impervious surface limit. [1], [2]
JORDAN-PW
[1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of this Ordinancee 100.
[2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or a Stormwater
Control Measure(SCM)may be required in accordance with applicable local and State standards based on proposed land
disturbance and/or a project exceeding impervious surface limitsthresholds as identified herein.
MNGT—G: Non-residential use impervious surfaceaereage limits in watersheds with such limits are calculated using the actual
amount of impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-
residential parcels located in a particular watershed.
(A) Hillsborough Economic Development District
(1) The Hillsborough Economic Development District is located within the Lower Eno
- Unprotected watershed. Within the Hillsborough Economic Development
District, as designated in the Land Use Element of the Comprehensive Plan, the
maximum impervious surface ratio is 50%with Stormwater Control Measures
(SCMs).
464.2.7 Placement of Streets, Driveways, and Buildings
(A) Streets, driveways, and buildings or other structures shall be located, to the extent reasonably
possible, so as to take full advantage of the absorptive capacity of the soils on which they are to be
situated and to avoid the following environmentally sensitive areas:
(1) Stream buffer zones as required by Section 6.13 of this 0rdinance77;
75 Staff recommendations to improve reading clarity.
76 Staff recommendations to improve reading clarity.
77 Staff recommendations to improve reading clarity.
Orange County, North Carolina–Unified Development Ordinance Page 4-13
Article 4: Overlay Zoning Districts20
Section 4.2:Watershed Protection Overlay Districts2F
(2) Wetlands as defined by the U.S. Army Corps of Engineers;
(3) Land with slopes greater than 15%; and
(4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats
of Orange County, NC.
(B) To avoid creating lots that will be difficult to build upon in compliance with the standards of this
Section, the preliminary plan shall show proposed building envelopes and approximate driveway locations
for all lots within subdivisions.
(1) A zoning compliance permit shall not be issued for the construction of buildings
or driveways outside the areas so designated on the preliminary plan unless the
Planning Director makes a written finding that the proposed location complies
with the provisions-of this Section and Sections 6.13 (Stream Ruffen` and 6.14
of this Ordinance.?$ (Sterrv,wate.Maga.ement)
44.2.8 Modifications of the Impervious Surface Ratio
Modifications of the Impervious Surface Ratios may be requested through one of the following
provisions:
(A) Through variance procedures of the Board of Adjustment, as described in Section 2.10 of this
Ordinance?g.
(B) Through approval and recordation of a conservation agreement, as provided in Article 4 of
Chapter 121 of the N.C. General Statutes, between Orange County and a land owner that prohibits
development of land in a protected watershed in perpetuity, subject to the following:
(1) A modification of the required impervious surface ratios may be approved
administratively but only to the extent that additional land in the same watershed
is conserved or protected from development.
(2) The land which will be subject to a conservation agreement must be adjacent to
the land proposed for development and for which a modification of the
impervious surface ratios is sought.
(a) As an example, a person owning a 40,000 square foot lot and subject to
a 12% impervious surface ratio would be limited to 4,800 square feet of
impervious coverage. If the person's plans called for 5,500 square feet
of coverage (a difference of 700 square feet), the recording of a
conservation easement on 5,833 square feet of contiguous property
would satisfy the impervious surface ratio requirements. (12% of 5,833
square feet is 700 square feet.)
(b) The conservation easement shall describe the property restricted in a
manner sufficient to pass title, provide that its restrictions are covenants
that run with the land and, be approved in form by the County Attorney.
(c) The conservation easement shall, upon recording, be in the place of a
first priority lien on the property (excepting current ad valorem property
taxes)and shall remain so unless, with the approval of Orange County, it
is released and terminated.
(d) Orange County shall require the priority of the conservation easement to
be certified by an attorney-at-law, licensed to practice law in the State of
North Carolina and approved to certify title to real property.
'$Staff recommendations to improve reading clarity.
79 Staff recommendations to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 4-14
Article 4: Overlay Zoning Districts21
Section 4.2:Watershed Protection Overlay Districts2F
(e) Orange County approval of a release or termination of the conservation
agreement shall be declared on the document releasing or terminating
the agreement. The document shall be signed by the Orange County
Manager, upon approval of the Board of County Commissioners. No
such document shall be effective to release or terminate the
conservation agreement until it is filed for registration with the Register of
Deeds of Orange County.
(C) Through approval (by Orange County)and recordation (by the land owner(s))of a Declaration of
Impervious Surface Re-Allocation form (provided by Orange County) and a corresponding scaled exhibit
map. The Declaration of Impervious Surface Re-Allocation form and corresponding scaled exhibit map
must clearly describe the proposed site modifications, inclusive of the allowable impervious area(s)for
each affected lot(in square feet), the amount of existing impervious area(s)for each affected lot(in
square feet), and the amount of proposed impervious area(s)to be permanently added and/or removed
for each affected lot. The applicant must provide evidence that the proposed impervious surface re-
allocations are within the same watershed and within the same tier of that watershed (e.g. critical,
protected, unprotected).
(D) Through the installation of a Stormwater Control Measure (SCM), consistent with the minimum
design standards as detailed within the most current version of the North Carolina Administrative Code
Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the Department
of Environmental Quality (NCDEQ) Stormwater Design Manual, and this Ordinance.
(1) The proposed feature must be recognized by Orange County and the State as
allowing for an increase in impervious surface area through an Infiltration
System.
(2) Under no circumstances may impervious surface area be increased by more
than 3% of the total allowable area on the subject parcel through this process.
(3) The property owner shall provide a stormwater assessment, completed by a
licensed engineer, of the current property identifying its infiltration rates and
carrying capacity as well as a comprehensive soil assessment for the property.
(4) The development/design of the feature shall be in accordance with established
design criteria as embodied within the most current version of the North Carolina
Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062
and the most current version of the NCDEQ Stormwater Design Manual and shall
be completed by a licensed engineer with expertise in stormwater management.
Additional allowable impervious surface area shall be based on the soil
composition of the property consistent with State regulations.
(5) The property owner shall be responsible for the completion and submission of a
stormwater operation/maintenance and access agreement detailing the perpetual
maintenance, inspection, and upkeep of the approved SCM in accordance with
Orange County and State regulations.
The Planning Director shall cause an analysis to be made of the agreement by
qualified representatives of Orange County and other agencies or officials as
appropriate. Once approved, the document shall be recorded at the Orange
County Register of Deeds office.
The property owner assumes all financial and legal responsibility for the
perpetual maintenance and upkeep of the approved SCM.
(6) The property owner shall assume all costs associated with the preparation and
recordation of new plat(s)/development restrictions detailing the allowable
impervious surface limit(s)for the property after the SCM has been approved by
Orange County.
Orange County, North Carolina—Unified Development Ordinance Page 4-15
Article 4: Overlay Zoning Districts22
Section 4.2:Watershed Protection Overlay Districts2F
(7) The property owner, at its cost and expense, shall be required to execute and file
with Orange County a Performance Guarantee to cover the cost of removal of a
SCM, and any additional impervious surface area installed as the result of its
approval, in the event the SCM is failed to be maintained in accordance with the
recorded operations agreement. The Performance Guarantee shall comply with
the provisions of Section 6.22 of this Ordinance.
development r ulat'G S as Gi fie J in Co.-Aie—n 6.14l 80
80 The previous/legacy subsection E will be moved to the end of Section 4.2.4—its previous/legacy location is
erroneous and confusing to the reader.
Orange County, North Carolina—Unified Development Ordinance Page 4-16
Article 4: Overlay Zoning Districts23
Section 4.2:Watershed Protection Overlay Districts2F
4.2.9 Water Supply/Sewage Disposal Facilities
The requirements and restrictions for water supply and/or sewage disposal systems located
within Watershed Protection Overlay Districts are noted in Table 4.2.9:$'
TABLE 4.2.9:WATER SUPPLY/SEWAGE DISPOSAL FACILITIES
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-CA Water supply and sewage treatment systems shall be limited to individual wells and on-
UNIV-PW site septic tanks systems or individual on-site alternative disposal systems. No off-site
systems shall be permitted.
For parcels created through the Conventional Subdivision process as detailed in Article 7
All Other Watershed of this Ordinance septic and repair area shall be located in lot. Off-site individual septic
Overly Districts systems associated with parcels created through the Flexible Development Subdivision
as outlined in Section 7.12 of this Ordinance must be contained within Common Open
Space and approved by the Orange County Environmental Health Department.
New septic tanks, pump tanks, and their appurtenances(including nitrification fields)-and
their ni+rifin^+,^.,fielphs shall be located outside of any stream buffers, or at a minimum
distance from a reservoir or perennial/intermittent stream (as shown on the USGS
UNIV-CA Quadrangle maps)as formally approved by the Orange County Environmental Health
Department and in compliance with applicable state health codes'-nn feet fr^m ^ reamer„^;r
or perennial e'r A nte'rm itte'n't stream as shown on the USGS Quadrangle maps,whichever
is furthe02
New septic tanks, pump tanks and their appurtenances(including nitrification fields)shall
be located outside of any stream buffers-, or at a minimum distance from a reservoir or
perennial/intermittent stream (as shown on the USGS Quadrangle maps)as formally
approved by the Orange County Environmental Health Department and in compliance
CANE-CA with applicable state health codes, whichever is further.s8�^�'�t(east 0 ffeei fr n A
U-ENO-CA
150 feet fr^m
New R44'Gat'en fields shall be leGated outside of aRy stFeam buffers and at least !go feet
from a perennial or intermittent stream as shewn en the WSGS QuadFangle maps, and at
4a-st 300 feet from
CANE-PW Water supply and sewage treatment systems shall be limited to individual wells and septic
CANE-CA tanks or individual on-site alternative disposal systems; provided however, off-site
U-ENO-CA systems shall be permitted when located in a Flexible Development subdivision approved
in accordance with Section 7.13 of this Ordinance.
81 This is a new introductory sentence to describe the contents of this subsection and Table 4.2.9.
82 Staff initiated text updates to clarify minimum separation distance from streams and reservoirs. This new
language better emphasizes the required involvement of the Environmental Health Department and eliminates the
150-ft or 300-ft reservoir setbacks that historically have been very difficult to enforce—specifically for legacy, non-
conforming lots that existed prior to reservoir construction.
83 Staff initiated text updates to clarify minimum separation distance from streams and reservoirs. This new
language better emphasizes the required involvement of the Environmental Health Department and eliminates the
150-ft or 300-ft reservoir setbacks that historically have been very difficult to enforce—specifically for legacy, non-
conforming lots that existed prior to reservoir construction.
Orange County, North Carolina—Unified Development Ordinance Page 4-17
Article 4: Overlay Zoning Districts24
Section 4.2: Watershed Protection Overlay Districts2F
iff
TABLE 4.2.9:WATER SUPPLY/SEWAGE DISPOSAL FACILITIE����
DISTRICT WATER SUPPLY/SEWAGE DISPOSAL
UNIV-PW
CANE-PW
U-ENO-PW
HYCO-PW New septic tanks pump tanks,84 and their nitrification fields shall be located outside of
LITTLE-PW any stream buffers and at least 100 feet from a perennial or intermittent stream as shown
BACK-PW on the USGS Quadrangle maps.
HAW-PW
JORDAN-PW
L-ENO-PW
FLAT-PW
44.2.10 Orange County Watershed Matrix
Table 4.2.10 defines the land disturbance area thresholds (in square feet)that trigger the need for
an Erosion & Sedimentation Control Plan and/or a Stormwater Management Plan.
84 Staff recommendation to integrate consistent formatting.
Orange County, North Carolina—Unified Development Ordinance Page 4-18
Article 6: Development Standards25
Section 6.13: Stream Buffers
6.13.2 Applicability
The stream buffer regulations and standards contained herein shall be applicable to all streams
and water features, as follows:
(A) Streams identified by any of the following means:
(1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle
maps,
(2) Shown as water feature in the Orange County Soil Survey, or
(3) A water feature identified by a field determination of County staff trained in
surface water identification through the North Carolina Division of Environmental
Quality (NCDEQ).
(B) StreamSteam85 buffers shall extend around the perimeter of all water features if any portion of the
stream buffer of a stream touches the water feature. Disputes pertaining to water feature decisions by
County staff shall be filed directly to the North Carolina Department of Environmental Quality (NCDEQ1.86
6.13.3 Calculating Width of Stream Buffer
(A) Special Flood Hazard Areas
(1) Those streams identified by the Federal Emergency Management Agency
JFEMAJE as having floodplains shall have stream buffers calculated from the
outside edges of the 100-year floodplain.
(B) Calculating Slope Value
(1) Draw 250' length perpendicular lines, at 200-foot horizontal intervals along the
entire length of the outside edges of the stream, or the outer edge of the FEMA
floodplain, whichever is greater.
(2) Determine the elevation at either the stream bank or the outer edge of the FEMA
floodplain, whichever is highest (Elevation 1), and at the point 250' from the
stream or FEMA floodplain, whichever is applicable, along the perpendicular line
(Elevation 2).
(3) Subtract Elevation 1 from Elevation 2 for the Difference.
(4) Divide the Difference by 250 for the Mean.
(5) Multiply the Mean by 100 to determine the "Slope Value".
(6) Perform this calculation for both sides of the stream or floodplain.
ss Typo fix.
86 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
87 Staff recommendation to eliminate the use of a technical acronym and improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 6-92
Article 6: Development Standards26
Section 6.13: Stream Buffers
(1) The buffer width adjacent to streams shall be calculated for both Method A and
Method B, and at any given point along the stream, the width of the buffer shall
be the larger of the two.
(2) The same method shall be used to calculate the buffer around the reservoir itself.
New structures shall be located at least 150'from the reservoir or outside of the
stream buffer, whichever is greater.
(B) University Lake Protected Watershed (UNIV-PW)
(1) The buffer width shall be calculated for both Method A and Method B, and at any
given point along the stream, the width of the buffer shall be the larger of the two.
(C) Cane Creek Critical Area (CANE-CA) & Upper Eno Critical Area (U-ENO-CA)
(1) The buffer width adjacent to streams shall be the width calculated using Method
A.
(2) Method A shall also be used to calculate the buffer around the reservoir itself.
New structures shall be located at least 754-58'88 from the reservoir or outside of
the stream buffer, whichever is greater.
(D) Upper Eno Protected (U-ENO-PW), Lower Eno Protected (L-ENO-PW) & Back Creek
Protected (BACK-PW)
(1) The buffer width shall be as calculated using Method A, or 150', whichever is
less, except where density exceeds 1 du/ac and impervious surface exceeds
12%.
(2) Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer
width shall be calculated as above, but shall not be less than 100'.
(E) Cane Creek Protected (CANE-PW), Little River Protected (LITTLE-PW), South Hyco Creek
Protected (HYCO-PW), Flat River Protected (FLAT-PW), Haw River Protected (HAW-PW) &Jordan
Lake Protected (JORDAN-PW)
(1) The buffer width shall be the width calculated using Method A, or 150', whichever
is less.
6.13.5 Areas Outside of Watershed Protection Overlay Districts
(A) In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay Districts, a
stream buffer a minimum of 50 feet in width shall be established along both sides of streams identified per
Section 6.13.2 of this Ordinance.89
(B) Stream buffers for Soil Survey streams shall only be calculated using Method A as explained in
Section 6.13.3 of this Ordinance.90
6.13.6 Uses Allowable Within Stream Buffers
(A) General Standards
88 Staff recommendation to reduce the minimum setback around Lake Orange from 150-ft to 75-ft. As Lake Orange
and many existing residential lots around Lake Orange were platted prior to the enforcement of Watershed
Protection Overlay Districts(January 1, 1994),the existing homes are inherently in violation of the minimum 150-ft
setback from the edge of the Lake Orange reservoir. The owners of these non-conforming lots must continuallv
apply for zoning variances when requesting home improvement permits or new construction permits around Lake
Orange. Decreasing the minimum setback from 150-ft to 75-ft will eliminate the need for intensive staff time
related to zoning variances specific to more than one hundred non-conforming Lake Orange lots.
89 Staff recommendation to improve reading clarity.
90 Staff recommendation to improve reading clarity.
Orange County, North Carolina—Unified Development Ordinance Page 6-94
Article 10: Definitions27
Section 10.1: Definitions
The vested right terminates at the end of the approved vesting period for buildings and uses for which
building permits have not been issued. Building permits do not expire during the approved vesting period.
Veterinary Clinic
A facility staffed by at least one licensed veterinarian for the care and treatment of large and/or small
animals not involving overnight care.
Veterinary Hospital
A facility staffed by at least one licensed veterinarian for the specialized treatment of large and/or small
animals, which may involve overnight care.
Violation
The failure of a structure, use or development to be fully compliant or is inconsistent with any provision of
this Ordinance. A structure or other development without the elevation certificate, other certifications, or
other evidence of compliance required in this Ordinance is presumed to be in violation until such time as
that documentation is provided.
Volume/Capacity Analysis
The procedures used to compare the volume of a roadway or intersection approach to its capacity
(maximum number of vehicles that can pass a given point during a given time period). The procedures
are described in the 1965 Highway Capacity Manual, Highway Research Board Special Report 87.
Walls, Primary
Walls containing primary windows and/or main exterior entrances to individual living quarters when
directly facing the primary wall or other living quarters.
Walls, Secondary
Walls containing only secondary, or secondary and tertiary, windows.
Walls, Tertiary
Windowless walls or walls containing only tertiary windows.
Wastewater Treatment Facility
A system of wastewater collection, treatment, and disposal in single or multiple components, including
ground absorption systems, non-discharge systems, and systems that discharge effluent to the surface
waters, and any other system as may be permitted by the Orange County Health Department or the State
of North Carolina. (ref. NCGS Article 11, Chapter 130A)
Waterbody, Perennial
A natural or constructed basin that stores surface water permanently at depths sufficient to preclude
growth of rooted plants, including lakes, ponds, sounds, non-stream estuaries, and oceans. For the
purpose of stormwater provision of this Ordinance, the waterbody must be part of a natural drainageway
(i.e. connected by surface flow to a stream).
Water-Dependent Structure
Any structure for which the use requires access to or proximity to or siting within surface waters to fulfill its
basic purpose, such as boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as
restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water-
dependent structures.
Water Feature
A prominent aspect or characteristic of a geographic area that exhibits verifiable evidence of a presence
of water in the soil. Examples of water features include, but are not limited to, perennial and intermittent
Orange County, North Carolina—Unified Development Ordinance Page 10-64
Article 10: Definitions28
Section 10.1: Definitions
streams (non-ephemeral), lakes, ponds, and reservoirs., SpFiRgS aFtesiaR Well irrigatiGR Wour marshes
or swamps, wetlands and Rat ural draiRage ditnhes (RGR_ephemera 95
Water surface elevation (WSE)
The height, in relation to mean sea level, of floods of various magnitudes and frequencies in the
floodplains of riverine areas.
Watercourse
A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at
least periodically. Watercourse includes specifically designated areas in which substantial flood damage
may occur.
Water Supply, Public
A water supply system that serves a city or town located partly or entirely within Orange County that has a
population in excess of 2,500.
Water Supply Watershed (or Protected Watershed)
Land that drains to existing reservoirs which are public water supplies or potential reservoir sites or
stream intakes which have been designated for protection. All such lands have been classified by the
Environmental Management Commission as WS-II, WS-III or WS-IV watersheds and require protection in
accordance with the State Mandate. (See definition for"State Mandate").
Water Supply Watershed Critical Area, County Designated
The land area within one-half mile of the normal pool elevation (or designated elevation)of an existing
Class II water supply reservoir, or the ridgeline of the watershed, whichever is less; and the land area
within one-half mile of the normal pool elevation (or designated elevation) of a proposed water supply
reservoir designated for protection, or the ridgeline of the watershed, whichever is less; and the area
within one-half mile of streams flowing into Class I reservoirs, as designated for protection within this
Ordinance.
Water Supply Watershed Critical Area, State Required
The land area within one-half mile of the normal pool elevation of water supply reservoirs in which an
intake is located (i.e., Class I reservoirs), or the ridgeline of the watershed, whichever is less.
Wetlands
Those areas that are inundated or saturated by surface or ground water at a frequency and duration
sufficient to support, and that under normal circumstances do support, a prevalence of vegetation
typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas. (Definition taken from EPA regulations at 40 CFR Section 230.3(t)and COE
Regulations at 33 CFR Section 328.3(b), as of July 2nd, 2002)
Wholesale Trade
A land use involved, without transformation or alteration of the product, with the sale of merchandise to
clientele in bulk.
Windows, Primary
Principal windows in habitable rooms except bedrooms and kitchens.
Windows, Secondary
Windows of habitable rooms other than primary windows.
Windows, Tertiary
"The Water Feature definition has been refined/corrected to exclude descriptions of water-related features that
fall under the authority of either the state or federal governments. Water Feature in the context of the UDO is
specific to Orange County's delegated authority for enforcement of buffers and setbacks.
Orange County, North Carolina—Unified Development Ordinance Page 10-65
29
_/_ _ • __`■ TOWN OF C_AD_Q_RD_QD_ • NC_
PLANNING. ZONING R INSPECTIONS
w_ wu=
August 18, 2025
Christopher Sandt, P.E., County Engineer
Orange County Planning and Inspections Department
131 W. Margaret Lane, Suite 201
Hillsborough, NC 27278
Subject: Joint Planning Courtesy Review—UDO Text Amendment, Impervious,Watershed
Protection Overlay Districts (WPODs), and Buffers
Dear Christopher:
Thank you for the opportunity to review the proposed text amendment relating to impervious,
watershed protection overlay districts and buffers.
• We have reviewed the amendment and find no inconsistency with the adopted Joint Planning
Area Land Use Plan.
• We are interested in learning more about the provisions to allow for an increase in impervious
surface area limits for affordable housing projects, whether it leads to an increase in the number
of affordable units, affects the location of affordable units, and/or possible unintended
consequences for properties downstream.
If you have any questions or would like additional information, please let me know.
Sincerely,
Christina R. Moon
Planning&Transportation Administrator/Interim Planning Director
M o
301 W. Main Street Carrboro, NC 27510 1 social medi& carrboronc.gov 919-942-8541
o:
30
DRAFT
1 MEETING MINUTES
2 ORANGE COUNTY PLANNING BOARD
3 OCTOBER 1,2025
4 REGULAR MEETING
5
6 MEMBERS PRESENT: Lamar Proctor(Chair) Cheeks Township, Chris Johnston (Vice-Chair) Hillsborough
7 Township, Statler Gilfillen, Eno Township Representative; Beth Bronson, At-Large
8 Representative; Venkat Yendapalli, Cedar Grove Township Representative; Jonah
9 Garson, At-Large Representative; Whitney Watson, At-Large Representative; Liz Kalies,
10 Chapel Hill Township Representative; Charity Kirk, At-Large Representative.
11
12 MEMBERS ABSENT: Delores Bailey, At-Large Representative; Steve Kaufmann, Bingham Township
13 Representative; Meg Millard, Little River Township Representative.
14
15 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Christopher Sandt, County Engineer; Patrick
16 Mallett, Deputy Director— Development Services; Taylor Perschau, Current Planning
17 Manager; Jack Moran, Planner 1
18
19 OTHERS PRESENT: Al Carnevale, Donna Crowder, Danielle Cabral, Don Sever,Joshua Reinke, Beth Trahos, David
20 Barcal, Cathy Owens, Hope Haywood, Stephanie Waller
21
22 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL
23
24 Lamar Proctor: Okay. All right, I'm Lamar Proctor. I'm the chair of the planning board. We're going to bring this
25 meeting to order.
26
27 ************************************
28
29
30
31 AGENDA ITEM 8: UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT-IMPERVIOUS SURFACES,WATERSHED
32 PROTECTION OVERLAY DISTRICTS,AND STREAM BUFFERS-To review and make a recommendation
33 to the BOCC on Planning Director-initiated amendments to the UDO pertaining to impervious
34 surfaces,watershed protection overlay districts,and stream buffers. The anticipated BOCC public
35 hearing date is November 6, 2025. This item was on the September 3,2025, agenda but was not
36 discussed and tabled to the October meeting date.
37
38 Lamar Proctor: All right, let's return back to order so we can get through Agenda Item 8, unified development
39 ordinance text amendment: Impervious surfaces watershed protection, overlay districts, and
40 stream buffers. Chris?
41
42 Christopher Sandt: Good evening. I'm Christopher Sandt. I'm your county engineer here in the planning and
43 inspection department. As you recall, I think that most of you were here for the July 9th ORC. 1
44 see a couple of new faces, so I can't go through it at lightning speed. But I am here today to
45 present some straightforward proposed LIDO text amendments. Now,the title of my presentation
46 is a little deceiving. It's big words in there. It might look a little scary, but I assure you we are not
47 altering the basis of what we stand for here in the county,which is protection of our streams and
48 reservoirs. We're simply reacting to some recently passed state law and then just responding to
49 constituents and just the workability of our unified development ordinance. We're always looking
50 to improve it. It's a living document. It's not perfect, so that's what these amendments are for.
51 So, kind of the main reason we are here today is it's,well, not so recent anymore, but end of 2023,
52 Regulatory Reform Act of 2024 was passed by the state, and that included some pretty specific
53 clarifications related to our watershed protection overlay districts. And I'll get into them up here
54 shortly because I know a couple of you weren't at the last presentation. So specific, so we have
31
DRAFT
55 18 watersheds within the county, 13 of which are termed watershed protection overlay districts.
56 They are there to protect the public water supply. So, in October of last year, House Bill 600
57 passed, and that was basically a clarification stating that, basically,we'll be refining existing
58 development definitions. So, it clarified that existing development on the ground at a certain date
59 cannot be regulated. So,we did do a text amendment specific to that regulatory change in June
60 of this year. This update we're proposing today is literally just some cleanup to better match some
61 of the regulatory updates and just read a little bit better. So, from both a staff and a constituent
62 standpoint,there's always sections that can just read a little better. But that's the main reason is
63 House Bill 600 and our responding to it. We're constantly looking at the state level for regulatory
64 updates. The second prong, second fork of this presentation is specific to good old Lake Orange.
65 I'll get into some specifics on the history of Lake Orange later, but we're looking to react to some
66 development turns up there lately and working with homeowners to allow them to move forward
67 with by-right type construction on their property. So that's going to involve our modifying a
68 specifically described section of our ordinance for the reservoir setbacks around Lake Orange.
69 Now,when I presented at the ORC, we did have another item in this proposed text amendment
70 that was specific to modifying some impervious area bonuses for low-income housing. That has
71 since been dropped from this package. Actually, it's not gone, but we're not including it in this
72 package at this time,so it's a little less paperwork for you to look at today. And we also at the last
73 minute found a definition there at the back of the UDO that we felt needed some attention. So,
74 you can see it's kind of a hodgepodge. We're doing several things with this, but it's all relatively
75 minor stuff. That's just a snippet of the Regulatory Reform Act and the text amendment we did to
76 address a lot of that work before. So, here, I wanted to get to this map. These are our 18
77 watersheds here in Orange County, 13 of which are these,they're zoned as watershed protection
78 overlay districts, WPODs. That's not an official,that's just an acronym I use to, instead of saying
79 watershed protection overlay districts over and over. But those are our sheds. We're real proud
80 of them. But the Upper Eno Critical is that dark blue one there at the upper left corner of the map.
81 Is there a pointer?Okay. So up here this is Lake Orange. Does everybody know about Lake
82 Orange? Could I get hands up?
83
84 Lamar Proctor: Afraid not.
85
86 Christopher Sandt: So yeah, it's our reservoir up there.
87
88 Lamar Proctor: We have a new someone who doesn't know about Lake Orange.
89
90 Christopher Sandt: Oh, great, I can talk Lake Orange all day. So,the proposed modifications that's included in this
91 packet is specific, but Lake Orange is up there at the top right side of that kind of arm-looking
92 piece of blue hatching. So, I had mentioned some of these text amendments are really related to
93 us reacting to our constituents. When folks come in and they have questions about the LIDO,
94 sometimes we as staff have to get in there and actually find it. And then there are sometimes
95 where we have some trouble interpreting some certain dates or how it's framed in the UDO. So,
96 I'm showing you this chart today. It's not part of the amendments, but it's part of our overall effort.
97 This is just a handout that we have at the front of our office now that's assisting constituents,
98 developers with what is that pre-existing development date. I had mentioned to you there's a date
99 that the state says, hey, if you were on the ground with impervious area or a structure this date or
100 prior, you are,for lack of a better term, grandfathered. You're not subject to these regulations,
101 which in our case came through in the early to mid-'90s. Okay? So, this table is just a real one-
102 stop shop for folks to go to to say, hey, I think this house was built in,say, 1988. Oh, I see that
103 the existing development date April 1990. Mr. Staff, does that mean I don't have to count this
104 impervious? And the answer is yes. So that's all based on state law, and we react to that. So,
105 these are the sections affected. You'll see most of it in the packet. I think you might have to go
106 back to the last meeting's agenda, but it's mostly clarifying acronyms; it's spelling things out; it's
107 making our charts and tables, mostly in Article 4,just a little bit easier to read and understand.
108 And most of that's specific to that existing development date. Article 10 is just this water feature
109 definition that I'll get into, so 24 pages total. It's pretty small. These can get quite detailed. So,
32
DRAFT
110 tied to this amendment is we figured this was as good of an amendment as any to squeeze this in.
111 This is our gray, our sliding scale that was in the UDO. So, this is a table that staff,we don't know
112 who, but staff put together sometime in the early to mid'90s in reaction to when these watershed
113 regulations were being rolled out at the state level. Someone was smart enough to say,well,what
114 about non-conforming lots? Like you're putting things, these requirements on lots that,well,there
115 might have been a home here before this rule was applied. So that was the purpose of this, but
116 over the years, it's just become, it's tough to explain to constituents. We don't have a legal
117 background like, no,this number came from here. It was just,we believe, staff putting this table
118 together. So,what we're proposing to do with these amendments are just to simplify this,a one-
119 and-done number for an impervious area cap, and we zoomed in on 12 percent, and there's a lot
120 of reasoning for that. Mostly, 12 percent is an impervious level that the state tends to consider low
121 density, anything 12 percent and below. So,we've, instead of sending constituents to this chart to
122 figure out what their allowable impervious, if you have a non-conforming lot that was in existence
123 prior to those regs,you get this number. And so,we feel it's just going to clarify, it's going to save
124 a lot of staff time and a lot of confusion from constituents. We've got some,we can go through
125 these one by one.
126
127 Patrick Mallett: Yeah,we can go.
128
129 Christopher Sandt: These are just some cases that Pat and I put together that display what this does in the real world,
130 eliminating the sliding scale and making this a little bit more straightforward.
131
132 Patrick Mallett: Yeah, so we've got four examples. What I did is let's apply this to real world, look at some recent
133 permits on smaller lots and what they get today and what they would get tomorrow, and then
134 factor in a couple of things. So, in this first case,you've got a small lot. And the sliding scale that
135 you saw before was intended to address, largely, subdivisions that were done in the 70s and'80s,
136 maybe in some cases near Chapel Hill in the'60s. At that time,the minimum lot size,we didn't
137 have a repair area requirement, and the minimum lot size in many instances was a half an acre.
138 And so, you have quite a few subdivisions that are around the periphery. They're not in Chapel
139 Hill's jurisdiction, Carrboro's,or Hillsborough's, but they're significant subdivisions and they have
140 smaller lots, so when you start to factor in a percentage base of the lot size,you start to get
141 pinched. And I think that was what was driving this idea for the sliding scale. I think it was a good
142 idea at the time, but it just doesn't really work on the practical end of the stick. So, in the first
143 case,you've got a lot that an applicant did a rudimentary drawing, but they're essentially taking a
144 manufactured home in the Chapel Hill Township. The lot was recorded in 1987. It was developed
145 in 2023. Gives you the lot size and the breakout, .6 acres, and they're just looking to put a double
146 wide, and that's the square footage. And so, it sort of walks you through the baseline if they had 6
147 percent,what they would be allowed with the sliding scale, 14.8 percent. With the new impervious
148 limit,they would get this amount, and then if they did an SCM, they would get a slightly larger
149 bump.
150
151 Chris Johnston: I'm sorry, SCM?
152
153 Patrick Mallett: I'm sorry, stormwater control measure. So, it's a stormwater feature. The next example is Chapel
154 Hill Township, University Lake protected, recorded in 1973. The house was built in'73. They did
155 a 2023 addition, so we're right at an acre lot size. It shows a comparison as with the other one.
156 So,you get actually slightly more impervious but a modest amount, a reasonable amount,we
157 think. The next scenario, Bingham Township, lot recorded in 1984. It was developed in'84, and
158 then they added a garage in 2024. Lot size a little bit over an acre, and again you get,when you
159 do the math,you get a comparable, reasonable,we think, square footage. So those are some
160 real-world comparisons. And I would say that with this new legislation,the sliding scale becomes
161 kind of a moot point because they're going to get grandfathered in certain allowances. And if we
162 let the sliding scale in,they would get that allowance plus what is mandated by the state,so they'd
163 get what I call a double bump. We really don't want that to happen, but we want to come up with a
33
DRAFT
164 reasonable solution that's kind of a one size fits all and is really the constituents,the public can
165 understand it and the staff can understand it and there's not a lot of ambiguity to it.
166
167 Venkat Yendapalli: And I have one question, Patrick.
168
169 Patrick Mallett: Yeah.
170
171 Venkat Yendapalli: This developer center impervious surface, does it apply only to the older lots, older subdivisions,
172 or?
173
174 Patrick Mallett: Yes,these are all older. These are not new subdivisions. So, like the one you heard today,this
175 would, that's not an issue. It's these older lots that were developed or at least recorded in the
176 '60s, 70s, and '80s.
177
178 Christopher Sandt: Before the Clean Water Act.
179
180 Patrick Mallett: Yeah, so the number of lots that qualify for this are not huge.
181
182 Venkat Yendapalli: All right. Thank you.
183
184 Cy Stober: I would only editorialize that the number of lots that qualify for this are not huge, but the amount of
185 time that each one of these lots consumes by the staff and the owners' money and time and
186 anxiety and trying to figure all this out with us is extraordinary. And we have a simpler resolution, 1
187 think.
188
189 Christopher Sandt: Thank you Pat and Cy. Yeah, and we also want to make sure that folks have the ability to
190 develop their lots in a fashion that conforms with the UDO and the way we do things in Orange
191 County. So,this is another part of the amendments. This is one of the bigger items here.We've
192 got good old Lake Orange. It was constructed up there, starts at the east fork of the Eno River.
193 So, you know the Eno River starts at the west fork and east fork. Lake Orange is on the east fork,
194 the WFER, the West Eno Reservoir that is owned by the town is on the west fork. They come
195 down,they confluence, and come through downtown. So, it's been there since the'60s. A lot of
196 the lots were plotted. There are about 120 residential lots around this WS2, a water supply to a
197 drinking water supply reservoir. You don't find anything like this in the state. I'm not here to talk
198 about Lake Orange as to why it's set up like that, but let's just say it's a distinct reservoir in the
199 state. It was built in the Iate'60s. The WEFR was built herein the late'90s, early 2000s after
200 these state rules for water supply watersheds were enforced. So, if you go to the WEFR, all the
201 land around the lake is owned by the town. That's kind of how you want a reservoir built. It's all
202 wooded. It's buffered. Lake Orange has got residential lots around it, and they were built
203 primarily in the'70s and'80s prior to these rules being implemented. So,we've just in the last
204 year or so have processed,you know,those homes are older. If you were built in the'80s or'90s,
205 you're now having to do renovation. You're having to,this is an older house, so we get a lot of
206 these folks just wanting to do improvements to their properties that are now they come in,they
207 say,wait a minute,you have a 150-foot reservoir setback? So, all the lots on Lake Orange are
208 technically subject to a 150-foot reservoir setback per our rules, per our riparian rules. The state
209 minimum is 50 feet for reservoir buffers. So,we're way above and beyond, and really how it
210 happens in my mind. It's staff at that time when these laws were rolled out in the early'90s,
211 nobody was kind of thinking,well,what about Lake Orange over here? Because those lots
212 already, if you look at those lots, there's about 90 to 100 of them that have homes on them, and
213 about 70 of those homes are already within 75 feet of the lake. That's just where they were built.
214 They were built before these rules existed. So,those folks that have come in and tried to do
215 renovations can't do it because of our reservoir setback, so then they have to go through an
216 amendment process, a zoning amendment, and go through our Board of Adjustment. So that's
217 happened four times in the last year or so, and I believe the Board of Adjustment has approved all
218 four of them. Yes,you have the right to fix up your house. Sorry,this law is not really matched up
34
DRAFT
219 with your situation here. So that we are changing a setback number,which sounds scary;we're
220 making it go from 150 to 75, but we have found that, No. 1,we're already over the state
221 minimums. No. 2,our Upper Eno Critical Watershed,which is one of those 13 watersheds,that's
222 that blue that I showed you. We have thousands of acres more than state minimum requires, so
223 we are,the county can be proud of our buffers there. The fact that all the homes around Lake
224 Orange are already built,they were built before these rules were here. We're trying to make it
225 less burdensome for staff and our constituents that want to come in and renovate a house that's in
226 a location that's not jiving with law. So that's it. It's specific to Lake Orange. The buffers around
227 the buffer would obviously hold, and there are no other reservoirs in that watershed. It's just Lake
228 Orange and WEFR. So, it's specific to Lake Orange, but it's something that we as staff have been
229 talking about for a while, and we're going to see these trends continuing. So,the goal is to take
230 that reservoir buffer setback, change it from 150 foot to 75 feet, and then those folks don't have to
231 go through the time-consuming and somewhat can be expensive rezoning process.
232
233 Chris Johnston: Yeah, quick question. Are all the lots developed around Lake Orange, or would this potentially
234 open up newer ones?
235
236 Christopher Sandt: From memory, and I've got it almost memorized,there's about 130 plotted lots, and I think 95 or
237 so have homes on them. So, it's tough when folks come in. They want to build, and we say
238 you're subject to a 150-foot reservoir setback. Well,what about these other 90 houses that are
239 here. So, it's a grandfather-type subdivision we look at. This lessened reservoir buffer would
240 apply to new development because we're allowing existing lots to do it.
241
242 Cy Stober: Chris, how many of those existing homes would,you've done the evaluation, how many of those
243 existing homes are in the 150-foot reservoir buffer already?
244
245 Christopher Sandt: Oh yeah, so I'd mentioned about almost 70.Almost 70 homes are already within that.
246
247 Chris Johnston: I just didn't know if by doing this,we're opening it up. You know, the 150, is that what we want?
248 And then does this open up those additional lots to then developing in that 75-foot zone where
249 maybe we don't want them? It sounds like we're already above and beyond, even with the 75,
250 though, so is it a consideration, concern, anything along those lines?
251
252 Cy Stober: I don't want to speak for Chris, but yes,we've reviewed this thoroughly. There are nearly 80
253 homes, so 70 and some change,that were built prior to Chris or myself being here. They were
254 constructed within this 150-foot buffer. We don't have an explanation for that, but they're there.
255 And this is a water supply reservoir, but it's an unusual water supply reservoir in that there's no
256 intake directly on the reservoir. It's not like University Lake. The intake is downstream, but we
257 protect the water quality on the reservoir for that downstream water quality. We have not noted,
258 nor has Hillsborough noted any decline in water quality over the years. And the variances that
259 have been presented to the Board of Adjustment have not found opposition nor any findings by
260 the BOA have determined that there are any safety or welfare risks to the public from allowing
261 encroachment into the 150-foot buffer. Chris, in his professional opinion as county engineer, and
262 Victoria Hudson,as the director of environmental health, have agreed that a 75-foot buffer is more
263 protective than the state and, in their professional opinion, is a buffer that is comfortable for
264 protecting the public and environmental health of Lake Orange and the downstream communities.
265
266 Chris Johnston: Thank you.
267
268 Lamar Proctor: Thank you, Cy.
269
270 Cy Stober: But it would,to your point, Mr.Johnston, open the door,yes,to more by-right development without
271 having to apply for a variance. But the variances have all,the four that have been applied for
272 have universally been determined to be allowed. This buffer being a hardship to development that
273 is unreasonable and imposed by the county.
35
DRAFT
274
275 Chris Johnston: And if a developer came in and asked for a variance,there's already precedent that that has been
276 provided to the homeowners who are already existent there?
277
278 Cy Stober: Correct. And it's been evaluated by the county engineer and the director of environmental health.
279
280 Chris Johnston: Yeah. Okay.
281
282 Lamar Proctor: All right. Any other questions for staff on these text amendments? Any discussion?
283
284 Chris Johnston: There's more?
285
286 Christopher Sandt: I've got just this last page here.
287
288 Lamar Proctor: Oh, I'm sorry.
289
290 Christopher Sandt: Yeah, I apologize.
291
292 Lamar Proctor: I thought you were done.
293
294 Christopher Sandt: So,water features, that's a loaded term nowadays, so that was a definition that,while correct, had
295 a little bit more in there than we need to be saying. For what we regulate,the definition in there
296 was a little long winded if that makes sense. So,we've made it more succinct to match what we
297 can regulate here at the county. That's minor, but it's important when we find little things like that.
298
299 Chris Johnston: Apologies.
300
301 Christopher Sandt: All right, now I'm done.
302
303 Lamar Proctor: All right. Thank you. I should have waited for the slide.
304
305 Christopher Sandt: Sorry about that.
306
307 Lamar Proctor: All right. Any questions?
308
309 Venkat Yendapalli: One quick question on the comments made by you, Cy, about the reservoir. Lake Orange is very
310 close to the area of the discussion here, so I kind of know personally about the geography and all
311 the elements that happen there. So,there's no connection of the water? I was told there's a
312 backup reservoir, a water reservoir for Hillsborough, but there is no connection to the water
313 supply? Is that what I'm hearing from you?
314
315 Cy Stober: Chris can actually answer this more accurately than I can,so where is the town and actually
316 Orange Alamance water's intake?
317
318 Christopher Sandt: So that's correct. There is no actual intake on Lake Orange. There's no pump system that sucks
319 water out of there and sends it to OAWS or OWASA. So, it feeds the Eno River. It serves
320 multiple purposes, drinking water supply, but it also,we have a minimum flow requirement to keep
321 that river wet, to keep the critters alive. So, in terms of intakes downriver,the first one you're
322 going to run into is the OAWS or Orange Alamance Water System. If you drive on 70 West there
323 and you cross over the Eno River kind of going through Efland,you'll see the little plant right there.
324 That's an actual intake on that watershed line. And then further down you've got the town of
325 Hillsborough with draws right there off Dimmock's Mill. So,the run of river,they suck right out of
326 the river. Lake Orange is a critical component to make sure that river doesn't dry up.
327
36
DRAFT
328 Cy Stober: And the only thing I'll add is we have a legal agreement with those entities to protect their water
329 supplies at the lake, as well as manage water volume. So, Chris also manages the dam levels to
330 ensure that downstream communities are protected, which he catches a lot of heat for from the
331 surrounding neighbors because he lowers their lakefront property to protect the benthic
332 invertebrates downstream.
333
334 Christopher Sandt: Yeah, Lake Orange,just for the record, Lake Orange is not a fixed-level lake. Unfortunately,
335 some folks think it is, but it's not. It's there, it reacts to the hydraulics and hydrology.
336
337 Venkat Yendapalli: Yeah, I do kayak on that lake regularly, so any of you want to do that, take me up on that. You
338 can go to the lake; I provide kayaks and access both.
339
340 Lamar Proctor: All right. Any other questions? Any discussion? So, it's two attachments for this, so can it be one
341 motion, or do I need to do separate motions to adopt the UDO amendments in Attachment 1 and
342 then adopt the statement of approval and consistency in Attachment 2 that the, indicating that the
343 text amendments are reasonable and in the public interest?
344
345 Cy Stober: My recommendation is to consider all the amendment as one package and make one motion.
346
347 Lamar Proctor: Okay. So, I will make a motion to adopt Attachment 1,the UDO amendments, and Attachment 2,
348 the statement of approval and consistency, indicating that the text amendments are reasonable
349 and in the public interest. Do I have a second?
350
351 Statler Gilfillen: Second.
352
353 Lamar Proctor: Statler seconds. All in favor, raise your hand or say aye.
354
355 MOTION BY Lamar Proctor. Seconded by Statler Gilfillen.
356
357 MOTION PASSED UNANIMOUSLY
358
359 ************************************
37
STATEMENT OF APPROVAL AND CONSISTENCY OF
A PROPOSED UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT
PERTAINING TO IMPERVIOUS AREA,WATERSHED PROTECTION OVERLAY
DISTRICTS (WPODs), AND STREAM BUFFERS
Orange County has initiated an amendment to the Unified Development Ordinance(UDO)to revise
regulations pertaining to impervious area, watershed protection overlay districts (WPODs), and stream
buffers.
The Planning Board hereby recommends approval of the proposed text amendment and issues this
Statement of Consistency pursuant to NCGS § 160D-604(d) Planning board review and comments—
Plan consistency. The Planning Board finds:
1. The requirements of UDO Section 2.8 Zoning Atlas and Unified Development Ordinance
Amendments, including review by the Development Advisory Committee(DAC), as required in
UDO Section 1.9, have been met;
2. The amendment is consistent with the adopted 2030 Orange County Comprehensive Plan,as
prescribed by UDO Section 1.1.5 Statement of Intent—Amendments and Section 1.1.7
Conformance with Adopted Plans;
3. The amendment specifically supports the following adopted 2030 Comprehensive Plan Guiding
Principles and Objectives:
a. Planning Principle 2.2- Sustainable Growth and Development—Growth and development
within the county should occur in a pattern, location, and density that is sustainable over
the long-term;
b. Planning Principle 2.6—Water Resources Preservation-The County has finite water
resources to provide to future populations. The protection and management of the
County's water resources should be a high priority;
c. Services and Community Facilities Objective EC-1: Continue to use Best Management
Practices (BMP's) for stormwater control, as outlined within the Orange County Zoning
Ordinance, Stormwater Ordinance, and Sedimentation Control Ordinance, to minimize
potential adverse impacts on the water quality.
4. The amendment specifically supports the following adopted 2025 Strategic Plan Goal and
Objective:
a. Strategic Plan Goal #1: Environmental Protection and Climate Action — Objective 6 —
Protect water supply/watersheds;
5. The amendment is consistent with these principles, goals and objectives because implementation
will result in improved UDO reading clarity and compliance with current General Statutes specific
to impervious surface area limits and pre-existing development definitions within Watershed
Protection Overlay Districts(WPODs);
6. The amendment is reasonable and in the public interest because it will make development
restrictions for legacy, non-conforming lots located around Lake Orange more similar to those
found elsewhere in Orange County; and bring the UDO into further compliance with State laws,
38
specifically the changes created by North Carolina Session Law 23-137.
The Planning Board hereby adopts this Statement of Approval and Consistency and the findings
expressed herein.
do /Azo
Lamar Proctor, Chair Date
39
ORANGE COUNTY
NORTH CAROLINA
BOCC Meeting
November 6 , 2025
Christopher J . Sandt, P. E .
County Engineer
40
OR- -A-NGE COUNTY
NORTH CAR(3LINA
UDO Text Amendments related to
Impervious Surface Limits for Watershed
Protection Overlay Districts (WPODs) ,
Reservoir Setbacks for the Upper Eno
Critical WPOD , and "Water Feature"
Definition Update
41
Why Are We Here?
• October 10 , 2023 — Regulatory Updates
— North Carolina House Bill 600 (HB 600 / SL 2023-137).
— HB 600 provides clarification regarding what is considered
existing built upon area (i.e., pre-existing development).
— Any built upon area in existence prior to the effective date of the
local water supply watershed program (i.e., WPODs) is
considered pre-existing development and cannot be counted from
a regulatory perspective (i.e., stormwater management needs).
— The pre-existing date is generally defined as January 1 , 1994, but
some WPODs have different dates.
— UDO text amendment approved by BOCC on June 4. 2024, that
integrated key requirements of HB 600.
— We are now providing additional clarifications. ORANGE COUNTY
NORTH CAROLINA
42
Why Are We Here?
• Reservoir Setbacks for Lake Orange
— Upper Eno Critical WPOD
— Non-conforming lots around Lake Orange, can't meet 150-ft setback
— Multiple variance requests; substantial staff time/effort
— Reduce reservoir setback (Lake Orange only) to 75-ft
• Reviewed with Ordinance Review Committee
(ORC) on July 9 , 2025; and Planning Board
meeting September 3 , 2025.
— Impervious bonus for affordable housing no longer included in this
proposed text amendment; may be reapproached in near future
— Have added an Article 10 definition refinement for "Water Feature"
ORANGE COUNTY
NORTH CAROLINA
43
Why Are We Here?
June 4, 2024 Text Amendment
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting fate: June 4,2024
Actirrn.Agenda
Rem No. 5-c
SUBJECT: Unified Devoopment Ordinanca Taxi Anrendmanl-Regulatory Reform Compliance
'.nnHB 600 ("Regulatory Reform Act') CEPARTNENT: PlannIng
antllnspacddns
ATTACHMEHT(S): INFORMATION COWACT:
f. NCSL 23-9136(Excerpt} Cy Stabs,,Dlr r,(919)245.2592
GENERAL ASSEMBLY OF NORTH CAROLINA 2, NCSL 23-137(Excerpt?
SESSION 20123 3. Exoarpt of Draft May 1,21124 Planning Board
Minutes and Signed Slatement of Consistency
4. Statement of Consistency
SESSION LAW 2023-137 5. Ordinance and Proposed JO0 Text Amendmants
HOUSE BILL 600 PURPOSE:To hold a public hearing,receive the Planning Board and staff recommendations and
pia6fic commenl,dose the public Learing,and consider action on Cvuntondiated text arnendmtmts
to the Unified Deyelcpmenl Ordinance(UDO)in response to North Carolina Session Laws(NCSLs)
AN ACT TO PROVIDE FURTHER REGULATORY RELIEF TO THE CITIZENS.DF NORTH 23.108 and 23-137,as well as to clarify Iwo related matters for improved administration of the UDD,
CAROLINA-
BACKOROUNO:The North Carolina General Assemhty approved two laws over Governor Roy
Cooper's veto in the 2023 session that are relevant to the told of Orange County's LIDO.The first
The General Assembly or'Notth Carolina enacts: was North Carolina Session Law(NCSL)23-149(Altachment 1),which expanded the definition of
`residential'uses or zoning to all saructuras under the regulatory umbralla of the North Carolina
PART I.AGRICULTURE,ENERGY,ENVIRONMENT,AND NATURAL RESOURCES State Reaidantial(Puikting)Coda.This seffolirvaly axpands this definition from one-and Iwo-family
PROVISIONS dwellings to include theta- and four-family dwellings. The Consequence is the latk of Oranga
County authority to regulate the architecture er appearance of such atruclures, requiring
amandmant of Sections 25,3(Site Plan Specifications)and 4:8.2(Majed Teansporlation Condor
WATER SUPPLY WATERSHED PROTECTION CHANGES (overlay district}Application).Staff has Initiated an amendment to the definition of`Rasidentiat
SECTION 1. C.S. 143-214.5 irads as rewritlen: Nveloprnwl'in Article 14 to reflect this statutory change.
143-2.14.5. Water supply watershed protection. Staff has also Initiated a retavant amendment to Section 2.4.2 (`Zoning Compliance Permits,
Requirements and Conditions')to transfer the responsibility of affirming Udo compliance..before a
(0) A local government Jmplementing a water supply watershed progmrn shall allow an Certificate of Occupancy is issued,from the Building Inspector to the Planning and Inspections
applicant to exceed the allowable density under the applicable water supply watershed rules ifall director.The Inspections staff should be focused on NC State Building Codes compliance and not
of the following clrcumslances apply: also be responsihke for enforcement oil Orange County's Local development and use standards.
(1) The properly was developed prior to the effective date of the local water NCSL 23-137(At;Whmech.Z)was the'Regulatory Reform AcP and provides for the elimination of
supply watershed program- density regulations in water supply watersheds under the following conditions:
(2) The property has not hem minbined with addilJonal lolsaRer January I,202 1. 1 i The property was deweloped prior to the effective date of the applicable water supply
(3) The property has not been a participant in a deaslty averaging transaction watershed regulations;
2 i The pmpeAy has net been combined with additional tots after January 1,2421;
under subsection(d2)of this section. 31 The properly has not parLitipated in density averaging.as allowed by North Carolina General
(4) The current use oFthe property is nonresidential.
In the aArF.�:n,..n.:n.. and ,r.......r.....h...,hr_,..,:,...
(a) ... ,At the cJrt:tion of the
property oxatcr, the stormwatcr Brom any iaei
Jnereasc in built-upon arca on the property above the preexisting developrm:in
Js treated in accordance with all applicable local government, State, aml
federal Saws and regulations.
(fi) The rthe local
vegetated butlers on the properly are preserved re accordance: ORANGE COUNTY
wll9t the local wafer supply,watershed protection program requil}ements.-
NORTH CAROLINA
44
Watersheds
- --------, -- --- --------------------- --------------------\Flat River l --------
H '
yco Southern Hyca Creek 4 (protected)
Creek (protected) - i
r
Little River • '1
I
(protected) i
West fo-k.
ontihe Erso - i
Back Creek i
(protected) Pes" n og tiE
NPEb4i
7 F Ir
' f3('
( I
I
Upper tl Watershed
Eno
' (critical) Lower Eno
Upper Eno
(protected) n E;3n° ;
Lower Eno Protection Overlay
(protected) '
+iHaw Creek NPf Districts
- ( r
75+ (WPODs)
0 watersheds
Cane Creek
(protected) River Basin Boundary
i r Railroad
Jordan Lake
_Water Bodies
Streams
cake .
+ Creek Municipal Jurisdiction
`r ificalJ , Water Supply Watersheds
i "'E Protected
Critical
i ► 8, -s) ; N
University Lake SY ORANGE
i=
i� Haw River (protected)
z 3 a
tl-a ke Miles
- N9'E3h4•.
Haw River S '
U
(protected) niversity + ware+rn,.:wnrer�nrnm�pr�Plore.pre,�.la�9+rer,roR9. -rte
Lake . ,�, o.enW�MVFla,-—ud—
------------------ (critical) C-1st
Jordan(protected)Laker GSmaPPreaaretlGYBnanCarson Aa
(prototeORANGE COUNTY
-- r walersca�cri+�iar,asre,srmna+asw� �r.ro3a �
121171202j NORTH CAROLINA
45
Impervious Surface Limits for WPODs
Table
Watershed Protection
Overlay District Impervious Limits(Residential) Impervious Limits{Non Residential} Existing Development[}ate
University Lake Critical Area(UNIV-CA) 6%(see UDO Table 4.2.5.1 for exceptions) 6% April 2,1990
University Late Protected(UNIV- 6%(see UDO Table 4.2.5.1 for exceptions) 12%(see UDOTahte 4.2.6 for exceptions) April 2,1990
PW)
Cane Creek Critical Area(CANE-CA) 6%(see UDO Table 4.2.5.1 for exceptions) 6% October 19,1999
Cane Creek Protected(CANE-PW) 6%(see UDO Table 4.1.5.1 for exceptions) 12%(see UDO Table 4.2.6 for exceptions) October 19,1999
Upper Eno Critical Area(U-ENO-CA) 6%(see UDOTable 4.2.5.1 for exceptions) 6% January 1,1994"
12%(outside of Transition Areas)
Upper Eno Protected(U-ENO-PW) 30%(within Transition Areas) 12%(see UDOTahle 4.2.6 for exceptions) January 1,1994"
70%(within"high density"or EDD Areas)
24%(with curb and gutter) 249E(with curb and gutter)
Lower Eno Protected(L-IND-PW) 36%(withoutcurb and gutter) 36%(without curb and gutter) January 1,1994
70%(within"high density"or EDD Areas) 70%(within"high density"or EDD Areas)
Little River Protected(LITTLE-PW) 6%(see UDO Table 4.2.5.1 for exceptions) 12%(see UDOTable 4.2.6 for exceptions) January 1,1994
12%(outside of Transition Areas)
Back Creek Protected(BACK-PW) 30%(within Transition Areas) 12%(see UDOTable 4.2.6 for exceptions)
70%(within"high density"or EDD Areas) January 1,1994
South Hyco Creek Protected(HYCO-PW) 12% 12%(see UDO Table 4.2.6 for exceptions) January 1,1994
Flat River Protected(FLAT-PW) 12% 12%(see UDO Table 4.2.6 for exceptions) January 1,1994
Haw River Protected(HAW-PW) 24% 24% January 1,1994
Jordan Lake Protected(JORDAN-PW) 24% 24% January 1,1994
"Fhere are additional exceptions to the Existing Development Dote spedfrcto parcels located adjacent to the West Fork Eno Reservoir(WFER).
ORANGE COUNTY
NORTH CAROLINA
46
Proposed UDO Text Amendments
• Articles & Sections Affected
— Article 2
• 2.20 (Stream Buffers — Use Authorization Cert.)
— Article 4
• 4.2 (Watershed Protection)
— Article 6
• 6. 13 (Stream Buffers)
— Article 10 ("Water Feature")
• 23 pages affected in total
ORANGECOUNTY
NORTH CAROLINA
47
Proposed UDO Text Amendments
Elimination of "Sliding
Scale" - Section 4.2
• Origin of table is unknown, not Collsinblack OT tothsU Eno
statute-based, created in mid-1990s 3.6
2.9 #2.885
in response to WPOD enforcement 12.585
2.T X0.6 12,4E7
2.0 iio14.9 12.232
2.6,or 11.979
1 AV i1.211.709
• Originally intended to deal with non- c3 #1d 11,421
2.2 11 5 11.115
2.1118 10.794
conforming lots from density and 5G 113.060 2.0 126 10AM
02 13,234 1.9 12-2 10,097
impervious area perspectives h 13,51 �1, 124 'x.723
'..7 0 0 13,512 1.7 12.6 6.331
46 b5 13,6' 1,6 125 1.921
4.5 7.0 1: 1 13.0 8.494
• With new legislation, keeping the 4.4 7l 3.861 ', 132 7.588
4 3 �4 13,881 1.3 13-d 7,F,88
4.r 7 6 13MA 116 7.1014
sliding scale would give a "double 78 13,936 1.# 13-8 E,612
1-3,934 1.0 IJ 6.tA8
bump" to impervious allowances 2 13,36 0.9 1 5f7
?i1 H- 1:5,:)17A 0.33 id d
B 6 13,851 0.7 t4.9 .,,752
H 8 1'3,130[r 0.6 14.H :i.a6H
• Table was difficult to understand/use 36 13,721 0.5 15.6 B7
6:3
94 13,512 6.3 1 15.4 2,61
9 6 13.382 0.2 15.8 1,359
• Replaced with 12% impervious cap 40
for all non-conforming lots
• Provides clarity/consistencyfor non- ORANGE COUNTY
NORTH CAROLINA
conforming lots
Sliding Scale Example D • Section
Location:
Chapel Hill Township
648 Pine Acres Road
b
9768-59-7036wmE
Soil:ApC
University Lake
Watershed: University Lake ProtectedPr°tested
Watetshed pp
Lot Recorded: 1987 F.11
panel: �.
87fifiJ Q
Year Developed: 2024
Lot Size: 26,136 sq. ft. / 0.6 acres
Scope of Project: Double-wide Manuf a
3,432 sq. ft. of impervious with existing ,Spm a
a Q �
Impervious Allowed: rya 53 5a s ��
38.3% 10,024 sq. ft (with Sliding Scale and new Law)
14.8% / 3,868 sq. ft. (with Sliding Scale)
12%+ / 6,156 sq. ft (w/ existing imp. credit)
15%+ / 6,837 sq. ft. (w/ text amend + SCM)
Notes:
■ Lot less than 1 acre and replacement of ORANGE COUNTY
manufactured home NORTH CAROLINA
Sliding Scale Example D • Section
Location: --
Chapel Hill Townshipm
349 Warren Court
9768-67-1418
Watershed: University Lake Protected
Lot Recorded: 1973
Year Developed: 1973 (house), 2023 (addition)
Lot Size: 43,560 sq. ft. / 1 .0 acres
Scope of Project: 541 sq. ft. screen porch, 5,530 sq.
ft. of impervious including existing
Impervious Allowed:
39% 17,021 sq. ft (with Sliding Scale and new Law)
14.0% / 6,098 sq. ft. (with Sliding Scale)
12%+ / 10,923 sq. ft (w/ existing imp. credit)
15%+ / 11 ,234 sq. ft. (w/ text amend + SCM)
Notes:
■ 1 acre lot with existing home, driveway, and ORANGE COUNTY
shed, adding a screen porch NORTH CAROLINA
Sliding Scale Example D • Section
47111 Nicks Road,Mebane lmpervious at F%:3,3M sq.h. 7,125 K.ft.of existing impervious with
Location: I,2Ji5 Acres In the Cane Creek protected Impemjl—wi th Sliding Scale allnweuce:7,444 mi.ft. drteway,home,and garage addition,
Watershed
Bingham Township -----
O AtEMNDERUPSHaz
4 710 Nicks Road " ! rRFNAUPSHnz
9822-91-6452
'� a cru eaa-uaarr_wax, r�rss -_ '" _ - arxLy�
�rvcsw ws
Watershed: Cane Creek Protected �g
i itia±enxaaon: izaii �•.0 ,�� .carr-r
J'F a- txxenra:e,�rm m.�mmr�
Lot Recorded: 1984 kl- I+
Year Developed: 1984 (house)
_ - cry fulral
2024 (garage) W.-?2-91-52
1261
Lot Size: 55,103 sq. ft. / 1 .265 acres # � - ?= *F ,°
- �
Scope of Project: 2,234 sq. ft. additional, F r sK
7,125 sq. ft. of total impervious ,�.�m
Impervious Allowed:
35% 19,290 sq. ft (with Sliding Scale and new Law)
14.0% / 7,494 sq. ft. (with Sliding Scale)
12%+ / 11 ,796 sq. ft (w/ existing imp. credit)
15%+ /13,272 sq. ft. (w/ text amend + SCM)
(votes: ORANGE COUNTY
0 Existing home and driveway + garage and driveway ext. NORTH CAROLINA
51
Proposed UDO Text Amendments
Lake Orange Reservoir Setbacks - Section 6.13
■ Upper Eno Critical WPOD effective and enforced since January 1 ,
1994 (well after the lake was created in 1968).
■ The majority of lots around Lake Orange are non-conforming
because of this retroactive setback.
■ There are many Lake Orange lots smaller than 1 acre (inherently
difficult to build on); platted prior to 1994.
■ The 150-foot reservoir setback is 100 feet wider than state minimum;
it is not possible for these lots to meet the 150-foot reservoir setback
without a variance approval.
■ Recent research has indicated no significant water quality benefits
beyond state-standard 50-foot buffer. We will enforce 75-foot.
ORANGE COUNTY
NORTH CAROLINA
52
Proposed UDO Text Amendments
Lake Orange Reservoir Setbacks - Section 6. 13
Addressed `structures(2027)Within 300° of 615' Elevation Lime
■ Almost 70
existing homes r
already
encroach within
the 150-foot b °'
a &
e u'
1M 4 o-
reservoir
a,
setback -
q �0
rd
■ 15 existing
homes are
already within
3D0�t-�e,.;ca 5 Jr
t
75-feet of the 5 �' 1r' 9 `
shoreline -
�yti ! al §
i _�Proposed 75 SeWack 7� c.
Sbixtur WHNE 75 01
.ew ,�150 - A mrDRANGE COUNTY
w �
oPe , 300' a NORTH CAROLINA
53
Proposed UDO Text Amendments
Lake Orange Reservoir Setbacks — Section 6.13
■ 75-foot reservoir setback allows for:
■ Existing homes to become conforming;
■ Homeowners to perform improvements/repairs to existing
homes without the need for variance requests; and
■ Ensuring long-term protection water quality of Lake Orange
with a 25-foot wider reservoir setback than state minimum.
ORANGE COUNTY
NORTH CAROLINA
54
Proposed UDO Text Amendments
Article 10 - refinement of "Water Feature" definition
• Current definition is misleading and oversteps Orange County's
delegated regulatory authority — which is specific to riparian
buffers and floodplain
• Elimination of listed examples that fall under the regulatory
jurisdiction of state or federal government (e.g., artesian wells,
wetlands, etc.)
ORANGE COUNTY
NORTH CAROLINA
55
Recommendations for Tonight
The Manager recommends the BOCC:
1 . Consider the Planning Director's and Planning Board's
recommendations,
2. Conduct the Public Hearing and accept public comment,
3. Deliberate on the proposal , and
4. Decide and vote on the Statement of Consistency
(Attachment 1 ) and the proposed UDO Text
Amendments (Attachment 2).
ORANGE COUNTY
NORTH CAROLINA
s
ORANGE COUNTY
NORTH CAROLINA
Questions ?