HomeMy WebLinkAboutAgenda 01-20-2026; 8-h - Ordinance Execution for 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: January 20, 2026
Action Agenda
Item No. 8-h
SUBJECT: Ordinance Execution for Unified Development Ordinance Text Amendments —
Impervious Surfaces, Watershed Protection Overlay Districts, and Stream Buffers
DEPARTMENT: Planning and Inspections
ATTACHMENT(S): INFORMATION CONTACT:
1. Proposed Ordinance, Including UDO Christopher Sandt, County Engineer, 919-
Text Amendments 245-2583
Patrick Mallett, Deputy Director, 919-245-
2592
Cy Stober, Director, 919-245-2592
PURPOSE: To adopt an ordinance approving text amendments to the Unified Development
Ordinance (UDO), as required by North Carolina General Statute (NCGS) 160D-601(c), based on
the Board's public hearing and approval at the November 18, 2025 Business meeting.
BACKGROUND: The Orange County Planning & Inspections Department initiated text
amendments to UDO Sections 2.20, 4.2, 6.13, and Article 10. The proposed text amendments
(i.e., Impervious Surfaces, Watershed Protection Overlay Districts, and Stream Buffers) were
presented to the Board at the November 18, 2025, Business meeting, at which a public hearing
was held and the proposed text amendments were unanimously approved by the Board.
However, the required Ordinance (first page of Attachment 1 in this January 20, 2026 agenda
item) was erroneously not included within the November 18, 2025 agenda item. Because NCGS
160D-601(c) requires that amendments to the UDO be adopted via ordinance, this agenda item
is being presented to the Board for adoption of the required ordinance.
It should however be noted that, subsequent to the November 18, 2025 meeting, staff discovered
errors within the revisions proposed to Table 4.2.6. The errors have no immediate consequence
in regard to statutory compliance, but are relevant to internal consistency and clarity matters. As
a result, the revisions to Table 4.2.6 are not proposed for adoption at this time, as noted on the
affected page in Attachment 1. The revisions to Table 4.2.6 will alternatively be included in an
omnibus amendment that staff is currently preparing for consideration in the first half of 2026.
FINANCIAL IMPACT: There are no costs associated with these text amendments or the
associated ordinance other than staff time. Staff has and will continue to accomplish the
necessary tasks associated with formally amending the UDO once the required ordinance is
adopted for this purpose.
ALIGNMENT WITH STRATEGIC PLAN: This item supports:
• GOAL 1: ENVIRONMENTAL PROTECTION AND CLIMATE ACTION
OBJECTIVE 6. Protect water supply/watersheds.
2
RECOMMENDATION(S): The Manager recommends that the Board adopt the proposed
ordinance (Attachment 1) approving the November 18, 2025 text amendments as required by
NCGS 160D-601(c).
3
Attachment 1
Ordinance # ORD-2026-002
AN ORDINANCE AMENDING THE
UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
Whereas, Orange County has initiated amendments to its Unified Development Ordinance
(UDO) to modify existing regulations related to Impervious Area, Watershed Protection Overlay
Districts (WPODs), and Stream Buffers, and
Whereas, this amendment seeks to update Sections 2.20, 4.2, 6.13 and 10 of the UDO
and various other sections pertaining to Impervious Area, Watershed Protection Overlay Districts
(WPODs), and Stream Buffers. These revisions seek to modernize the ordinance and align it
with current Federal and State laws; and
Whereas, the Orange County Planning Board has recommended approval of the proposed
text amendments, and
Whereas, the County has held the required public hearing and has found the proposed
text amendments are consistent with the goals and policies of the adopted Comprehensive
Plan.
Be it ordained by the Board of Commissioners of Orange County that the Unified
Development Ordinance of Orange County is hereby amended as depicted in the attached
pages.
Be it further ordained that this ordinance be placed in the book of published ordinances
and that this ordinance is effective upon its adoption.
Upon approval of the Board of Commissioners of Orange County, the foregoing ordinance was
adopted this 20th day of January 2026.
I, Laura Jensen, Clerk to the Board of Commissioners of Orange County, DO HEREBY CERTIFY
that the foregoing is a true copy of so much of the proceedings of said Board at a meeting held on
January 20, 2026, as relates in any way to the adoption of the foregoing and that said
proceedings are recorded in the minutes of the said Board.
WITNESS my hand and the seal of said County, this day of , 2026.
SEAL
Clerk to the Board of Commissioners
Article 2: Procedures 4
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 5
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
6
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 7
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 $
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 9
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 10
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
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 12
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 13
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 14
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 15
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 16
Section 4.2:Watershed Protection Overlay Districts2F
62Tn��ESAT2:5.2-&�A2 :3: SLIDING, SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE nT.10s
--
NIV sCANE, LITTLE,
AND UPPER EN
WA
rlh NOT onnhi+n the Upper CnG
39 6.2 43;939 0 9 44:2 5,567
39 34 43-,904 9 3 44-4 &,94-9
37 43,864 9-.7 444:6 4452
31:6 8-.9 4-3 I&99 9 6 44-.9 3,8459
35 99 43,724 95 459 3,26
34 9-.2 43,62-5 94 4-5:2 2,
33 94 4312 9.3 454 2942
32 9:-6 43;332 9.2 4-5-6 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 17
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 18
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 Districts 19
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 Districts20
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 Districts21
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 Districts22
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 Districts23
Section 4.2:Watershed Protection Overlay Districts2F
DISPOSALTABLE 4.2.9:WATER SUPPLY/SEWAGE
DISPOSALI DISTRICT WATER SUPPLY/SEWAGE
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 Standards24
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 Standards25
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: Definitions26
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: Definitions27
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