Loading...
HomeMy WebLinkAboutAgenda - 05-03-2000-9eORANGE COUNTY BOARD OF COUNTY COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: Mav 3, 2000 i Action A enda Item #~ ~, SUBJECT: Quarterly Public Hearing Legal Advertisement--May 22, 2000 DEPARTMENT: Planning & Inspections PUBLIC HEARING: (Y/l~ NO ATTACHMENT(S): 1) Legal Ad 2) Upper Eno Proposed Amendments 3) Proposed Public Hearing Notification Amendments 4) Proposed EC-5 Modification Amendment 5) Soil Erasion and Sedimentation Amendments 6) State Model Ordinance -Neese River Basin (Under Separate Cover) INFORMATION CONTACT: Robert P. Davis Ext. 2580 Craig Benedict Ext. 2592 TELEPHONE NUMBERS: Hillsborough 732-8181 Durham 688-7331 Mebane Chapel Hill 227-2031 967-9251 PURPOSE: Consideration of the Legal Ad for the May 22, 2000 Public Hearing. BACKGROUND: Re u • 1) Amend the Upper Eno Watershed Protection Ordinance • Propose to adopt the same land use density/intensity regulations as for the University Lake and Cane Creek watersheds • Cluster and conventional subdivisions • 2) Revise the Public Hearing Notification Process in the Zoning Ordinance • Provides for an alternative method of public notification and clarifies existing procedures • 3) Amend the application criteria for establishment of the Existing Commercial-V (EC-5) zoning district • Sets locational staadards for the modification of EC-5 districts • 4) Adopt new ordi~aiaee for Neese River Basin Stormwater Protection Program • State Law requites adoption of this draft ordinance by August 1, 2000 for state review • Delegation of buffer program to Orange County • Implementation by February 1, 2001 • 5) Amend the Soil Erosion and Sedimentation Control Ordinance • State-mandated changes to conform to the Model Ordinance of NC Sedimentation Control Commission Location Amendment number 1 will apply to the Upper Eno Watershed only Amendment numbers 2, 3 and 5, if adopted, will apply to the entirety of Orange County lying outside the . municipalities and their extraterritorial jurisdictions, if any Amendment number 4 will apply to the portion of the Neese River Basin within the Orange County Zoning jurisdiction 2 1. UPPER ENO WATERSHED Exis 'ng.,Conditions • Density: • Critical Area: 1 dwelling unit per two acres • Protected Area: 1 dwelling unit per 40,000 square feet (0.92 acres) • Protected Area (Transition Area): Varies depending on district and public sewer/water Pro o rdinance UPPER ENO WATERSHED • Density: • Critical Area: 1 dwelling unit per 5 acres with five lots on the first 10 acres • Protected Area (Outside Transition Area): 1 dwelling unit-per 5 acres with 5 lots on the first 10 acres • Protected Area (Transition): Varies depending on location within district and public sewer/water availability • 10% lot bonus if open space is greater than 33% and less than SO% • 20% lot bonus if open space exceeds 50% • Cluster: • Minor subdivisions will follow conventional • Major conventional subdivisions (i.e. over 10 acres) require 15% open space • Minimum lot size 1.5 acres for first five lots (i.e. c10 acres) • Minimum lot size is 2.0 acres for acreage over 10 acres Implications Pros: • Protection of watershed from intense development • Increased protection of streams and reservoirs • Provides more open space • .Reduces inefficient provision of public services • Reduces air pollution and taaffic • Rural Chazacter Preservation Cons: . • Perceived loss of valhae on property • May place upward ~+essure on affordable housing in the county 2. PUBLIC HEARING NOTIFICATION PROCESS Existin C ditions • One method of public hearing notification in ordinance Proposed Ordinance • Provides a second option as approved in State Statutes to include an `Open House' phase with staff prior to public hearing for County proposed amendments • Clarifies. the procedures for notification ~~~ 3. APPLICATION CRITERIA FOR EXISTING COMMERCIAL-V (EC-S) DISTRICTS Existing Conditions • Rigid procedure for modification of property condemned for a public process Proposed, Ordinance • Proposes procedures, and strict conditions, for modification of EC-S Districts 4. ORANGE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL AMENDMENTS Existing Conditions • Ordinance contains lesser enforcement actions and restorations requirements Prop2~esl Ordinance • Increased per day civil penalties • Change in starting day of civil penalties • Requires restoration in cases where off site damage has occurred. 5. CONSIDERATION OF NEUSE RIVER BASIN STORMWATER CONTROL ORDINANCE Exi g Conditions • No ordinance in effect other than the locally adopted watershed rules Proposed Ordinance • Stormwater regulations for new developments • Buffers for all USGS blue line streams and mapped Soil Survey streams • Illegal discharge tracking by County • Retrofit Locations • Annual Public Education • Reporting Requirements Development Process. Schedule, and Action • Public Heazing on May 22, 2000 • Refer amendments 1, 3, 4 and S to Planning Board for a recommendation back to the Board of County Commissioners no sooner than August 1 S, 2000 • Refer amendment 2 to Planning Boazd on June 7, 2000 for a recommendation back to the Board of County Commissioners no later than June 29, 2000 FINANCIAL IMPACT: N/A RECOMMENDATION: dministration Recommendation: Authorize the transmittal of the public notice to the newspapers for advertisement 4 NOTICE OF PUBLIC HEARING ORANGE COUNTY BOARD OF COMMISSIONERS A public hearing will be held in the Judge F. Gordon Battle Superior Courtroom of the New Orange County Courthouse, 106 E. Margaret Lane, Hillsborough, North Carolina, on Monday, May 22, 2000, at 7:30 p.m. for the purpose of giving all interested citizens an opportunity to speak for or against the following items: A. ORANGE COUNTY ZONING TEXT AMENDMENTS 1. Upper Eno Watershed Density Amendments a. Amend ~ SECTION 6.23.1 LAND USE RESTRICTIONS to lower the permitted densities in a portion the Upper Eno Protected Watershed Area and the Upper Eno Critical Area. b. Amend SECTION 6.23.2 RESIDENTIAL DENSITY to revise the maximum density allowed in a portion of the Protected Area and all of the Critical Area. c. Amend SECTION 6.23.3c.1 Residential Development for a portion of the Protected Area and all of the Critical Area. d. Amend SECTION 6.23.3c.2 Non-Residential Development for a portion of the Protected Area and all of the Critical Area. e. Amend SECTION 6.23.6 UNDISTURBED AREA for a portion of the Protected Area and all of the Critical Area. f. Amend SECTION 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES for a portion of the Protected Area and all of the Critical Area. g. Amend SECTION 6.23.9 CLUSTERING for the Upper Eno Critical and Protected Areas. PURPOSE.' To promote water quality and other county goals in the Upper Eno Watershed and to begin implementation of the Neuse River Basin Sformwater Ordinance Rules. 2. Amend Public Hearing No#ification Procedures a. Amend SECTION 20.6 Public Hearin and Notice Thereof to allow an alternative process of advertisement and notification of non-petitioning owners of property for which a Zoning Atlas Amendment is proposed. PURPOSE: To provide a second option in the zoning ordinance for notification of public hearings. Also, clarifies the procedures on notification of nonpetitioning owners, sign posting and attorney representation. G:/robert/PublicHearingMay00/noticeofpublichearing 3. Amend the application criteria for establishment of EC-5 zoning districts a. Amend SECTION 4.2.12 Existin Commercial - V EC-5 District to create the procedures for modification of existing EC-5 districts in cases of public condemnation of private property. PURPOSE: To allow, under strict guidlines, the modification of an EC-5 district which becomes non-functional due to condemnation for a public improvement. Development within the re-established, administratively-approved district shall be required to meet al! applicable provisions and shall be in close proximity to the remaining portion of condemned properly. B. ORANGE COUNTY SOIL EROSION AND SEDIMENTATION CONTROL AMENDMENTS a. Amend various sections of the Ordinance. PURPOSE: The purpose of the attached Soil Erosion and Sedimentation Control Ordinance amendments is to conform the County Ordinance with the amended Mode/ Ordinance of the North Carolina Sedimentation Control Commission. These changes are the result of legislative changes, the State's staff enforcement experience and the recommendations of their attorneys. The amendments include changes such as: $500 per day civil penalty to a $5000 civil penalty for violations, penalty assessment from the date of detection instead of the delivery date of the notice of violation, and an extension of the plan approval expiration date from twelve months to eighteen months. C. CONSIDERATION OF THE NEUSE RIVER BASIN STORMWATER CONTROL ORDINANCE a. Incorporates new, State-mandated, locally adopted rules to regulate stormwater within the Neuse River Basin. PURPOSE: To meet the state set date for adoption of the Neuse River Basin Stonnwater Control Ordinance. Changes may be made in the advertised proposals that reflect debate, objections and discussion at the hearing. Questions regarding the proposals may be directed to the Orange County Planning Department located in the Planning and Agricultural Center, 306E Revere Road, Hillsborough, North Carolina. Office hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday. You may also call 732-8181 (Hillsborough), 688-7331 (Durham), 967- 9251 (Chapel Hill-Carrboro) or 227-2031 (Mebane/Graham). Please ask for extension 2575 or 2585. You will be directed to a staff member who will answer your questions. G:/robert/PublicHearingMay00/noticeofpublichearing 6 PUBLISH: News of Oran4e Chapel Hill Herald May 10, 200D May 10, 2000 May 17, 2000 May 17, 2000 G:/roberdPublicHearingMay00/noticeofpublichearing *6.23 EXTRA REQUIREMENTS FOR WATERSHED PROTECTION OVERLAY DISTRICTS *Amended 1/1/94 Pursuant to requirements of North Carolina General Statute 143-214.5 (Chapter 143, Article 21), thirteen (13) Watershed Protection Overlay Districts, as described in Article 4.2.27 of this Ordinance, have been established for lands within the watersheds of existing or potential drinking water rivers and reservoirs. These districts overlay other zoning districts established in this Ordinance and delineated on the Orange County Zoning Atlas. Wherever standards of the underlying zoning district differ from the watershed overlay standards, the more restrictive provisions shall apply. 6.23.1 LAND USE RESTRICTIONS Amended 5/21/97 1/20/98 All uses and activities allowed in the underlying zoning district are permitted with the following exceptions: DISTRICT LAND USE RESTRICTIONS UNIV-CA No new landfills are permitted. UNIV-PW No commercial or industrial uses are permitted. CANE-CA No new golf courses are permitted. U-ENO-CA U-ENO-PW UNIV-CA No residual (sludge) application is permitted. CANE-CA U-ENO-CA U-ENO-PW CANE-PW No discharging landfills are pemutted. HYCO-PW Industrial use is limited to non-hazardous light industrial uses characterized by LITTLE-PW low water use (less than 10, 000 gpd, excluding domestic water (25 gpd per BACK-PW employee) acrd water used for heating and air conditioninp~. FLAT-PW HAW-PW L-ENO-PW JORDAN-PW 6.23.2 RESIDENTIAL DENSITY Maximum residential density shall be as indicated in the Table below, or as required by the underlying zoning district, whichever is less. ' *Amended 1/17/95 10/19/99 DISTRICT MAXIMUM DENSITY UNIV-CA 1 du/five acres: iJNIV-PW Lots of record existing on October 2, 1989 may contain up to, but no more than, five lots with a density of one du/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. CANE-CA 1 du/ five acres CANE-PW (Amended Lots of record existing on October 19, 1999 may contain up to, but no more 10/19/99) ~~ five lots 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 ofthe number of lots, 65 which could be created from each lot of record. U-ENO-CA 1 du/ five acres U-ENO-PW Lots of record existing on may contain up to, but no more (Amended in the first ten acres. Contiguous lots of record existing on than, five lots ~ , may be combined into one parcel for development. The number of two-acre lots and the total num>Zer of lots in the combined parcel cannot exceed the sum of the number of lots, which could be created from each lot of record. LITTLE-PW l du / 2 acres HYCO-PW 1 du/ 4p,0~0 square feet (.92 acre) FLAT-PW L-ENO-PW ~ density is as permitted in the underlying zoning district. HAW-PW TORDAN-FW Structured BMPs are required in some cases where density exceeds 1 dwelling BACK-PW Unit per acre. Refer to Article 6.23.3c1. 6.233 STORMWATER INFILTRATION AND DETENTION As a watershed beccnnes more developed, the amount of impervious surface increases, causing a decrease in the rate at which stormwater runoff which can be absorbed into the soil. This results in more stormwater flowing directly into streams and other water bodies. Because this direct runoff has not been filtered through the soil, pollutants from the air and land surface enter streams and increase the potential for pollution of drinking water supplies. The effects of stormwater pollution on drinking water supplies can be minimized by one of two general approaches. First, the amount of stormwater runoff which reaches drinking water supplies can be controlled by assuring that there is adequate ground area into which water can be absorbed.. This type of non-structural control is achieved through limitations on impervious surface. A second approach is to collect stormwater run-off in engineered ponds so that pollutants may settle. The water is then slowly released and contains fewer impurities when it reaches the water supply reservoir. The watershed protection standards adopted by Orange County utilize a combination of these two approaches. a) Non-Structural Stormwater Control The first inch of stormwater run-off shall be controlled to the extent possible through on-site infiltration and through the use of methods which rely on natural soil properties for absorption and treatment. In order to promote infiltration of stormwater runoff into the soil and minimize direct and immediate runoff into streams and water supply impoundments, the maximum percentage of the total lot area which may be covered with an impervious surface shall be specified. This limit is referred to as the "impervious surface ratio". lmpervious surface calculations for an individual development shall be cumulative for original construction and any subsequent additions. One-half of the width of any of any existing or proposed road adjacent to an individual lot shall be included as impervious surface for that lot, except in the case where an existing road was contained within a dedicated public right-of--way at the time that the watershed a~ulations were first applied to the watershed within which the development is 1.. Infiltration techniques not only remove both suspended and dissolved pollutants, but they require less maintenance, reduce flooding, promote groundwater rechazge and help maintain stream flow during dry periods. Where on-site infiltration methods are utilized, areas for such purposes shall be designated on the plat and shall remain undisturbed both during and after construction. Undisturbed areas for infiltration of run-off shall also be located downslope from impervious surfaces and shall not include areas characterized by floodplains, highly erodible or impervious soils, steep slopes or previously disturbed to areas. Areas designated as suitable for septic tank nitrification fields may not be used for stormwater infiltration purposes. Run-off from roads, .parking lots, andlor sidewalks shall be directed to undisturbed areas through use of berms, grassed diversion ditches or swales, or other acceptable means to reduce run-ofFvelocity and filter out pollutants. b) Structural Measures Non-structural methods may not adequately control the first inch of stonnwater nuioff due to the amount of impervious surface proposed to be ,developed, and other factors such as soil type, slope, presence of floodplains and erodible soils, and/or lack of vegetative cover. In such cases, structural detention ponds, which capture stormwater for slow release through an outlet, are required. Where required, detention ponds shall be constructed in accordance with Appendix A. c) Impervious Surface and Detention Pand Requirements For all protected watersheds, there is a absolute limit on the percentage of lot area which can be covered with impervious surfaces. In some cases, detention ponds are required when the proposed impervious surface ratio exceeds a specified percentage, which is below the absolute limit. Impervious surface and detention pond requirements are as follows: 11'~, 1. Residential Development Amended 1/4/94 DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL) U1VIV-CA 6% impervious surface limit. LTNIV-p W EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). BMPs cannot be used to satisfy watershed requirements. CANE-CA 6% impervious surface limit. CAE-p`1~J EXCEPT for lots smaller than two acres which existed prior to 1!1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). BMPs cannot be used to satisfy watershed requirements. LITTLE-PW 6% impervious surface limit. EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios). BMPs cannot be used to satisfy watershed requirements. U-ENO-CA 6% impervious surface limit. U-ENO-PW EXCEPT for lots which existed prior to .which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios EXCEPT for areas identified as transition areas in Comprehensive Plan. (see block below) BMPs cannot be used to satisfy watershed requirements. U-ENO-PW- Transition Area 12% impervious surface limit for existing and new lots BACK-PW outside of Transition Areas as designated in the Orange. - County Land Use Plan. BMPs cannot be used to satisfy watershed requirements. 30% impervious surface limit fordevelopments which exceed a density 1 du/acre within Transition Areas as designated in the Orange County Land Use Plan. Structural BMPs are required if impervious surface exceeds 12%. FLAT-PW 12% impervious surface limit for new and existing lots. HYCO-PW BMPs cannot be used to satisfy watershed requirements. 12 DISTRICT IMPERVIOUS SURFAC~fDETENTION POND REQUIREMENTS (RESIDENTIAL) HAW-PW 24% impervious surface limit. JORDAN-PW BMPs cannot be used to satisfy watershed requirements. a ~:. SLIDING SCALE FOR RESIDENTIAL IMPERVIOUS SURFACE RATIOS Lot Size (Acres) ISR Square Feet 6+ Ac S.D 6.0 5.0 13,068 5.9 5.1 13,107 5.8 5.2 13,138 S.7 5.3 13,159 5.6 5.4 13,172 5.5 5.5 13,177 S.4 5.6 13,172 5.3 5.7 13,159 S.2 5.8 13,138 S.1 5.9 13,107 5.0 6.0 13,068 4.9 6.2 13,234 4.8 6.4 13,381 4.7 6.6 13,512 4.6 6.8 13,625 4.5 7.D 13,721 4.4 7.2 13,880 4.3 7.4 13,861 4.2 7.6 13,904 4.1 7.8 13,930 4.0 8.0 13,939 3.9 8.2 13,930 3.8 8.4 13,904 3.7 8.6 13,861 3.6 8.8 13,800 3.5 9.0 13,721 3.4 9.2 13,625 3.3 9.4 13,512 3.2 9.6 13,382 3.1 9.8 13,234 3.0 10.0 13,068 . 2.9 10.2 12,885 2.8 10.4 12,685 2.7 10.6 12,467 2.6 10.8 12,232 2.5 1 LO 11,979 2.4 11.2 11,709 2.3 11.4 l 1,421 2.2 11.6 11,116 2.1 11.8 10,794 2.0 12.0 10,454 1.9 12.2 10,097 L.8 12.4 9,723 1.7 12.6 9,331 1.6 12.8 8,921 l.5 13.0 8,494 1.4 13.2 8,050 1.3 13.4 7,588 1.2 13.6 7,1D9 1.1 13.8 6,612 1.0 14.0 6,098 0.9 14.2 5,567 D.8 14.4 S,D18 0.76 14.6 4,452 D.6 14.8 3,868 0.5 15.0 3,267 13 14 2. Non-Residential Development Amended 1/4/94; 10/19/99 DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (NON-RESIDENTIAL) UNIV-CA Same as Residential (See previous Table) UNIV-PW CANB-CA 5-acre minimum lot size, with potential of up to five lots as small as two acres for lots of record, October 19, 1999 (Amended 10-19-99); AND 6% impervious surface limit. BMPs cannot be used to satisfy watershed requirements. U-ENO-CA 2-acre minimum lot size AND U-ENO-PW b% impervious surface limit. BMPs cannot be used to satisfy watershed requirements. EXCEPT for New Development Commercial area identified as North of I- 40, South of US 70, West of 86 Connector, and e~ttending 1000 feet east from 86 Connector: CANE-PW 5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record October 19, 1999 (Amended 10-19-99); AND 50%ISR for all fire stations and solid waste collection centers; AND 12%ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non-residential use (139 acres in CANE- PW). BMPs cannot be used to satisfy watershed requirements. LITTLE-P W 2-acre minimum lot size AND 50%ISR for all fire stations and solid waste collection centers; AND 12%ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1.0% of the watershed for non-residential use (139 acres in CANE- PW). BMPs cannot be used to satisfy watershed requirements. 15' U-ENO-PW-New 70% Development ISR in Commercial and/or Industrial Nodes as designated in the Land Use Commercial Area Element ~f the Comprehensive Plan (high-density option) with structural BACK-PW BMPs if ISR ~ 12%; .AND 50%ISR for all fire stations and solid waste collection centers outside of Commercial and/or Industrial Nodes as designated in the Land Use Element of the Cornprehensivc Plan, with structural BMPs if ISR ~ 12%; AND 12% 1SR for all other non-residential uses outside of Commercial and/or Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan (BMPs cannot be used to satisfy watershed requirements); AND on-site infiltration of the first inch of stormwater runoff; AND A limit of 1,151 acres ofnon-residential use throughout U-ENO-PW (5.0%) and 163 acres throughout BACK-P W (1 %). HYCO-PW 50%ISR for all fire stations and solid waste collection centers; FLAT-PW AND 12%ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff; AND a limit of 1% of the watershed for non-residential use (37 acres in HYCO- PW, 66 acres in FLAT-PW). BMFs cannot be used to satisfy watershed requirements. L-ENO-PW 70% impervious surface, with structural BMPs required when impervious surface exceeds: 24% (w/ curb and gutter); or 36% (w/o curb and gutter). HAW-PW 2a% impervious surface limit. JORDAN-PW BMPs cannot be used to satisfy watershed requirements. 3. Modifications of the Im ervious Surface Ratio 16 ' I Modifications of the Impervious Surface Ratios my be requested through one of the following provisions: a) Through variance procedures of the Board of Adjustment, as described in Article 6.23.1 lb. 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. In such cases, 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. In such instances, 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. As an example, a person owning a 40,000 square foot lot and subject to a 12 percent 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,$33 square feet of contiguous property would ~ satisfy the impervious surface ratio requirements. (12% of 5,833 square feet is 700 square feet.) 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, in form, be approved by the County Attorney. The conservation easement shall, upon its 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. Orange County shall require the priority of the conservation easement to be certified by and attorney-at-law, licensed to practice law in the State of North Carolina and approved to certify title to real property by a lending institution (bank or savings and loan association) doing business in Orange County. 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 Orange County Board of 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. 6 1'~ 6.23.4 OPERATION AND MAINTENANCE OF STRUCTURAL SMPs (DETENTION PONDS) a) Posting of Financial Security All stormwater conttol structures shall be conditioned on the posting of adequate financial.' assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate ~~ performance. Financial assurance shall be in the form of one of the following: 1. Securi Performance Bond or Other Securi The permit applicant shall obtain either a performance bond from a surety bonding IC company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to Orange County or placed in escrow with a financial institution designated as an official depository of Orange County. The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the County Engineer. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and, grading, excavation, fill, etc. The costs of the stormwater control structure shall not be prorated as part of a larger project, but shall be costed as a separate ~ project. Upon default of the permit applicant to complete and/or maintain the stormwater control ~; structure as spelled out in the performance bond or other security, the County may obtain '~ and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The Board shall return any funds not spent in completing the improvements to the owning entity. 2. Cash or E uivalent Securi De osited After Release of the Performance Bond The pemrit applicant shall deposit with Orange County either cash or other instrument approved by the County Attorney that is readily convertible into cash at face value. The ~ cash or security shall be in an amount equal to fifteen (15) percent of the total cost of the ', stormwater control structure or the estimated cost of maintaining the stormwater control structure over a ten (10) yeaz period, whichever is greater. The estimated cost of i maintaining the stormwater structure shall be consistent with the approved operation and maintenance plan or manual provided by the developer under Article b.23.4b2. The amount shall- be computed by estimating the maintenance cost for twenty-five (25) years and utultiplying this amount by two-fifths or 0.4. Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the Operation and Maintenance Agreement, the County shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. Such expenditures of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to comply with the terms and conditions of the Operations and Maintenance Agreement. The County shall not return any of the deposited cash funds. b) Maintenance and Upkeep 18 1. Operation and Maintenance Agreement Required The permit applicant shall enter into a binding Operation and Maintenance Agreement between Orange County and all interests in the development. Said Agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual prepared by the developer. The Operations and Maintenance Agreement shall be filed with the Orange County Register of Deeds. 2. Operation and Maintenance Plan Required An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for dete~~n~ng when those actions are to be taken and, consistent,with the Operations and Maintenance Agreement, who is responsible for those actions. The Plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to its design specifications if a failure occurs, 3. Landscaping and Grounds Maintenance Landscaping and grounds maintenance shall be the responsibility of the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stonnwater structure. 4. Repair or Reconstruction Except for general landscaping and grounds maintenance, the awning entity shall notify the County prior to any repair or reconstruction of the stormwater structure. All improvements shall be made consistent with the approved plans and specifications of the stonnwater control structure and the operations and maintenance plan or manual. After notification by the owning entity, the County Engineer andlor Erosion Control Supervisor shall inform the owning entity of any required additions, changes or modifications and of the time period to complete said improvements. 5. Minor Amendments to Plans and S cifications 19 Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual may be approved by the County Engineer, provided that'the changes do not involve a change in the size or location of the structure. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the Erosion Control Supervisor prior to consideration by the County Engineer. a. If the County Engineer approves the proposed changes, the owning entity of the ~. stormwater control structure shall file sealed copies of the revisions with the Erosion '~ Control Supervisor. b. If the County Engineer disapproves the changes, the proposal may be revised and resubmitted to the Erosion Control Officer as a new proposal. If the proposal has ', not been revised and is essentially the same as that already reviewed, it shall be ~~ returned to the applicant. c. The County Engineer shall report any such revisions to the Boazd of County ',, Commissioners at the next available regular meeting. 6. Ma'or Amendments to Plans and S cifications Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual which involve a change in the size or location may be approved by the Soard of Commissioners after receiving a recommendation from the County Engineer. Proposed changes shall be prepared by a North Cazolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the Erosion Control Supervisor prior to ~„ review by the County Engineer. 7. Revision of Plan Required if Found to be Inadequate If the County finds that the operations and maintenance plan or manual is inadequate for any reason, the owning entity shall be notified of any required changes and shall prepare and file copies of the revised agreement with the Orange County Register of Deeds, the Erasion Control Supervisor, and the owning entity. c) Inspection and Release of the Performance Sand 1. Inspection by Erosion Control Supexvisor The stormwater control structure shall be inspected by the Erosion Control Supervisor, i after the owning entity notifies the Erosion Control Supervisor that all work has been completed. At this inspection, the owning entity shall provide: zo a. The signed deed, related easements and survey plat for the stormwater control structure ready for filing with the Orange County Register of Deeds; and b. A certification sealed by an engineer or landscape architect (to the extent that the General Statute, Chapter 89A, allow) stating that the detention pond is complete and consistent with'the plans and specifications. 2. Submittal of Inspection Report to County Engineer The Erosion Control Supervisor shall present materials submitted by the developer and the inspection report and recommendations to the County Engineer. a. If the County Engineer approves the inspections report and accepts the certification, deed and easements, he/she shall file the deed and easements with the Orange County Register of Deeds, release up to seventy-five (75) percent of the value of the performance bond or other security and issue a Watershed Protection Compliance Permit for the stormwater control structure. b. If deficiencies are found, the County Engineer shall direct that the improvements and inspections be made and/or documents corrected and resubmitted to the County Engineer. 3. Watershed Protection Compliance Permit Required Prior to Occupancy No Building Permit or Certificate of Occupancy may be issued in the absence of a valid Watershed Protection Compliance Permit. 4. Release of Remaining Security No sooner than one (l) year after the filing date of the deed, easements and maintenance agreement, the developer may petition the Board of Commissioners to release the remaining value of he performance bond or other security. Upon receipt of said petition, the County Engineer shall inspect the stormwater control structure to determine whether the controls aze perfomvng as designed and intended. The County Engineer shall present the petition, inspection report and recommendations to the Board of Commissioners. a. If the Board of Commissioners approves the report and accepts the. petition, the developer shall deposit with Orange County a cash amount equal to that described - in Article 6.23.4a1, after which, the Boazd shall release the performance bond or other security. 21 b. If the Board of Commissioners does not accept the report and rejects the petition, it '. shall provide the developer with instructions to correct any deficiencies and all steps ~~ necessary for the release of the performance bond or other security. 5. Annual Inspection Required Amended 1-20-98 a. All stormwater structures shall be inspected by Orange County at least on an annual 'p basis to determine whether the controls are performing as designed and intended. p Records of inspections shall be maintained on forms approved or supplied by the 'p North Carolina Division of Water Quality. Annual inspections shall begin within , one (1) year of the filing date of the deed for the stormwater control structure. b. In the event the County Engineer discovers the need for corrective action of improvements, he/she shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specification of the stormwater control i, structure and the operation and maintenance plan or manual. After notification by ~ the owning entity, the County Engineer shall inspect and approve the completed improvements. 6.23.5 PLACEMENT OF STREETS, DRIVEWAYS AND BUILDINGS Streets, driveways, and buildings or other structures shall be located, to the extent reasonable possible, so ! as to take full advantage of the absorptive capacity of the soils on which they are to be situated.and to avoid I: the following environmentally sensitive areas: 1) Stream buffer zones as required by Article 6.23.7; 2) Wetlands as defined by the U.S. Army Corps of Engineers; 3) Land with slopes greater than fifteen percent (15%); and 4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC. -.. - - To avoid creating lots that will be difficult to build upon in compliance with the standards of this Article, the preliminary plan shall show proposed building envelopes and approximate driveway locations for all lots within subdivisions. Thereafter, no zoning compliance permit may be issued for the construction of buildings or driveways outside the areas so designated on the preliminary plan unless the Zoning Officer makes a written finding that the proposed location complies with the provisions of this Article. 6.23.6 ITNDISTURB~ AREA Because soils which are seriously disturbed, even if re-vegetated, can generate nearly as much run-off as paved areas, a portion of property being developed within watershed critical areas must remain undisturbed during construction. DISTRICT UNDISTURBED AREA UNIV-CA The area necessary to meet impervious surface requirements shall CANE-CA remain undisturbed during the construction process. - L1-ENO-CA U-ENO-PW The area to remain undisturbed shall include portions of the lot utilized for stormwater infiltration. All clearing limits shall be clearly marked and observed. All Other Watershed As may be required pursuant to an approved grading permit or erosion Overlay Districts control plan. 6.23.7. STREAM BUFFERS a) Definition 22 A stream buffer is an area of land. adjacent to perennial and intermittent streams which, except as stated below, must remain undisturbed in its natural state. Perennial streams are those streams shown as solid blue lines and intermittent streams as broken blue lines on the USGS Quadrangle maps for Orange County. . b) Permitted Uses Within Stream Suffers *Amended 1-17-95 The following uses are allowed as a matter of right in stream buffers. All other uses are prohibited, except as provided in Article 6.23.10 of this Ordinance. 1) Above-ground and buried utility lines for local distribution of electricity, telephone and cable television service, accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes, and individual or coz~n~munity wells. Individual or community wastewater disposal systems are not permitted in stream buffers. Public water and sewer lines are permitted only as allowed by the Orange County Water and Sewer Policy, and may be located within stxeam buffers only to the extent necessary to cross the stream buffer as closely as possible to perpendiculaz. 2) Public and private streets, bridges and railroad rights-af--way, provided that they enter and t the buffer area as nearly perpendicular as possible. c) Land 1>H~tl~rbance and Planting of Vegetation 1) Area within a stream buffer which is subject to serious erosion may be disturbed for the purpose of planting and maintaining erosion-resistant vegetative cover. Amended 2) Existing forested areas or any other healthy vegetation cannot be removed from a stream 5/21/97 buffer, except where replaced with vegetation resulting in comparable stormwater runoff velocity and quantity one year after planting. I 23 ' An exception shall be allowed for golf courses where the line of play cxosses a stream i buffer. Only trees which obstruct the intended line of play may be cut, provided stumps and root mass are not removed and trees which are cut can be removed in a sensitive manner which miri;mi~es additional disturbance to the stream buffer. 3) Ne~v vegetation shall be planted to capture non-source pollutants before they reach the perennial stream, as per applicable Orange County Standards. d) Calculating Width of Stream Suffer 1) How to Calculate Slope a. Draw a line perpendicular to the stream. b. Determine the elevation at the stream itself (1), and at the point 250' from the stream along the perpendiculaz line (2). c. Subtract (1) from (2). d. Divide c. by 250. e. Multiple d. by 100 Hereinafter, the number derived in e. will be referred to as "slope value". 2) Method A -Stream Buffer Based on 51o and Groundcover The width of the buffer shall be fifty (50) feet from each edge of the floodplain,~plus the slope value multiplied by four. 3) Method B -Stream Buffer Based on Slo and Crroundcover STREAM BUFFER WIDTH (IN FEET) BASED ON SLOPE AND GROUNDCOVER' Slope Value Type of Groundeover Grass Woods 2 to 4.9 100 50 5 to 9.9 150 100 10 to 14.9 200 100 15 or greater 250 150 In addition to the bu,~r zone resulting from the calculations below, a stream buffer shall include any portion of a floodplai~as defined in the Orange County Flood Damage Prevention Ordinance, by special survey by a registered engineer or surveyor, or by alluvial soils as designated in the Orange County Soils Survey. The required stream 8uf~`er zone shall not be limited to one calculation, but shall be based on calculations made at points where topographical and ground cover conditions change based on an analysis of the site. 24 e) Minimum Buffer Width Required DISTRICT MINIMUM STREAM BUFFER WIDTH UNIV-CA 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. 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. UNIV-PW The buffer width shall be calculated far 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. CANE-CA The buffer width adjacent to streams shall be the width calculated using Method A. U-ENO-CA The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 1 SO' from the reservoir or outside of the stream buffer, whichever is greater. U-ENO-PW The buffer width shall be as calculated using Method A, or 150', whichever is less, L-ENO-PW except where density exceeds 1 du/ac and impervious surface exceeds 12%. BACK-PW 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'. CANE-PW The buffer width shall be the width calculated using Method A, or 150', whichever is LITTLE-PW less. HYCO-PW FLAT-FW HAW-PW JORDAN-PW 25 6.23.8 WATER SUPPLY/SEWAGE DISPOSAL FACILITIES *Amended 1-17-95 7-1-96 10-19-99 " DISTRICT WATER SUPPLY/SEWAGE DISPOSAL UNIV-CA Water supply and sewage treatment systems shall be limited to individual UNIV-FW wells and on-site septic tanks systems or individual on-site alternative disposal systems. All Watershed Overlay No new treatment system will be permitted where effluent disposal occurs Districts on a sepazate lot from the source of wastewater generation; provided, however, off-site systems shall be permitted in all Watershed Overlay Districts except the University Lake Protected Watershed (UNIV-FW) and Critical Area (LTNIV-CA) when located in a Flexible Development subdivision approved in accordance with Section IV-B-10 of the Orange County Subdivision Regulations. UNIV-CA New septic tanks and their nitrification fields shall be located outside of any stream buffers, or 300 feet from a reservoir or perennial or intermittent stream as shown on the USGS Quadrangle maps, whichever is further. CANE-CA New septic tanks, pump tanks and their appurtenances shall be located U-ENO-CA outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 150 feet from a reservoir. New nitrification fields shall be located outside of any stream buffers and at least 100 feet from a perennial or intermittent stream as shown on the USGS Quadrangle maps, and at least 300 feet from a reservoir. CANE-PW Water supply and sewage treatment systems shall be limited to individual CANE-CA wells and septic tanks or individual on-site alternative disposal systems; U-ENO-CA provided however, off-site systems shall be permitted when located in a (Amended 10/19/99) Flexible Development subdivision approved in accordance with Section IV-B-10 of the Orange County Subdivision Regulations. UNIV-PW New septic tanks and their nitrification fields shall be located outside of CANE-PW any stream buffers and at least 100 feet from a perennial or intermittent U-ENO-PW stream as shown on the USGS Quadrangle maps. HYCO-PW LITTLE-PW BACK-PW HAW-PW JORDAN-PW L-ENO-PW FLAT-PW zs 6.23.9 CLUSTERING DISTRICT CLUSTERING REQUIREMENTS. LTNIV-CA Clustering of residential lots is permitted in accordance with Section IV-B-9 of the UNIV-PW Orange County Subdivision Regulations, with the additional provision that each lot contains a minimum of one acre. U-ENO-CA Clustering of residential lots is permitted in accordance with Section IV-B-10 of U-ENO-PW the Orange County Subdivision Regulations, with the additional provisions: That each lot of the first 5 lots contains a minimum of one and one-half acres, outside of the Transition Area, for the initia110 acres. After the initia110 acres, lots contain a minimu~nnn of 2 acres. That any major subdivision following a conventional development option shall have a minimum open space requirement of 15%. That if greater than 33% but less than 50% open space is achieved and maintained, a 10% bonus of the lots that are achieved through the density calculation in this section, can be allocated to the properly. That if 50% or greater open space is achieved and maintained, a 20% bonus.of the lots that are achieved through the density calculation in this section, can be allocated to the property. All Other Clustering of residential lots is permitted in accordance with Section IV-B-1D ofthe Overlay Orange County Subdivision Regulations. Districts 6.23.10 APPLICABILITY *Amended 1-17-95; 10.19-99 a) Existing Development Far the purpose of determining compliance with or applicability of Article 6.23 of this Ordinance, existing development is defined as a residential or non-residential structure which 1) was constructed prior to January 1, 1994 (October 19, 1999, with respect to the October 1999, amendments related to the CANE-GA and CANE-PW districts); or 2) was. constructed in accordance with a valid building pernut issued prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999, amendments related to the CANE-CA and CANE-PW districts); or 3) was included as part of a Site Specific Development Flan approved by the Boazd of Commissioners prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999, amendments related to the CANE-CA and CANE-PW districts); or 4) had otherwise established a ,vested right under North Cazolina Zoning .law prior to January 1, 1994 (October 19, 1999, with respect to the October 19, 1999, amendments related to the CANE-CA and CANE-PW districts). Existing development is hereby deemed to be conforming with respect to requirements of Article 6.23 of this Ordinance. b) Redevelopment 27 The rebuilding or replacement of residential or nonresidential structures which are defined as existing development according to Article 6.23:11a 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. 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 Articles ~~ 6.23.7 and 6.23.$ of this Ordinance. c) Existing Lots An existing lot, for the purpose of determining compliance with Article 6.23, is defined as a lot which was created prior to January 1, 1994, or a lot within the Cane Creek watershed which was created prior to October 19, 1999, with respect to the October 19, 1999, amendments related fo the CANE-CA and CANE-PW districts, and non-conforming lots of record. Stream buffers as required by Article 6.23.7, and setbacks for septic systems as required by Article 6.23.8 may be reduced to the extent necessary to allow development of the lot, provided that all of the following criteria are met: The septic system is sized to serve no more than four bedrooms; and 2. The septic tank, drainfield and repair area (where required) can be accommodated on 20,000 square feet of azea or less; and ~3. The Orange County Planning Staff, in consultation with Orange County Environmental Health and/or the Orange County Engineer 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 4. The Orange County Planning Staff, in consultation with Orange County Environmental Health and/or the Orange County 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 azea 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. 5. The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the above criteria. ze 6.23.11 ADMINISTRATION a) Appeals Amended Decisions of the Zoning Officer in the implementation of this Article may be ~-1-96 appealed to the Orange County Board of Adjustment in accordance with Article 2.3.7 of this Ordinance. b) Variances *Amended Minor variances far dimensional requirements 'may be approved by the Board of Adjustment in 1-17-95 accordance with Article 2.3.6 of this Ordinance. The Board of Adjustment may also approve variance 4-1-9b requests to allow the use of off-site septic easements for lots created before January 1, 1994, and for non- 1-20-98 conforming lots of record. A Minor Variance is defined as a variance from the minimum statewide water supply watershed protection rules that results in a relaxation by a factor of up to ten (10) percent of any management requirement under the low density requirernent. . A Major Variance is defined as a variance from the statewide water supply watershed regulations that results in the relaxation by a factor of greater than ten (10) percent of any management requirement under the low density option or the relaxation of any management requirement that applies to a development project requiring construction of a BMP. A description of each project receiving a variance and the reason for granting the variance shall be submitted for each calendar year. to the Division of Water Quality on or before January 1st of the following year. All other local governments having jurisdiction within the watershed area and the entity using the water supply for consumption shall be notified of the proposed exemption. zs Proposed Ordinance at Public Hearing An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning Ordinance is hereby amended as follows: 8~1-~x# =Deleted Text Bold T®xt =Proposed Text .. ---- ------- r-..__, .... w...a ... SECTION ONE: 30.fi.1 Notice to Nonpetitioning Owners Except for petitions providing notification under the provisions of -Section 2Q.fi.2(b) below, if a petition to amend the Zoning Atlas is not signed by all of the owners of all land for which rezoning is requested, the following notification procedures shall be followed: (a) Written Notification. The petitioner shall notify, in writing, nonpetitioning owners who have not signed the petition that the -petition is being submitted. Written notification shall be by letter, on so Proposed Ordinance at Pulilic Hearing a form supplied by the Planning Department, and shall specify pFesent and proposed zoning classifications. The letter shall be sent by certified mail to the last,known address of nonpetitioning owners. (b) Alternative Notifwcation. As an alternative method of notice, the petitioner may obtain the notarized signatures of nonpetitioning owners on a statement acknowledging that said owners have received notice that a petition. will be filed and heard at a joint public hearing before the Board of County Commissioners and Planning Board. In cases where notarized signatures of nonpetitioning owners are obtained, written notification shall not be necessary. (c) Second Notification. If for any reason the initial letter is not delivered, a second letter of the required form shad be sent by certified mail to the nonpetitioning owner's address as shown on the records of the ofFce of the Tax Assessor, if said address is different from the last known address. (d) Undelivered Notices. If for any reason neither such letter notice is delivered, the petitioner shall then file with the Planning Department a signed certificate setting forth that written notification has been sent to all nonpetitioning owners who have not accepted notice by signed statement, and shall attach thereto either the return receipts showing that the letters have b®en delivered or the letters themselves and the mailing envelopes thereof. (e) List of Owners Notified. In the event all letters are not delivered, the petitioner shall attach to the certificate a list containing the names and street or mailing addresses and Parcel Identification Number(s) or TMBL reference number to whose addresses written notice was not delivered. This list of names and address®s shall be included in packet materials provided to the Board of County Commissioners and the Planning Board prior to the Public Hearing. (f) Advertisement Such publication of the public hearing shall be made within one hundred and eighty (180) days of the posting of the first letter to the nonpetitioning owner at such person's last known address.. Otherwise, said notification procedure shall start anew. SECTION TWO: 2D.6.2 Notice to Property Owners and Adjacent Property Owners (a) Mailed Notices. In the event of a petition to amend the Zoning Atlas, certified letters, return receipt requested, shall be sent. no less than fifteen (15) days before the hearing date to all property owners within and adjacent to the property for which the amendment is requested.. Adjacent property owners are those whose names and addresses are 31 Proposed ordinance at Public Hearing currently listed in the Orange County tax records and whose property lie's within 500 feet of the petitioned tract. If amendments to the Zoning Atlas are proposed by the County, notice shall be sent by first class mail to all affected properly owners and to all adjacent properly owners within 500 feet as provided above. (b) Newspaper Advertisement 1. The certified or first class mail notices required above shall not be required if the zoning map amendment directly affects more than fifty (5D) properties, owned by a total of at least fifty (50) different property owners, and the Board of County Commissioners elects to use the expanded published notice provided for in this subsection. 2. In this instance, the Board of County Commissioners may elect to either make the mailed notice provided for above or may, as an alternative, elect to publish once a week for at least four successive calendar weeks in a newspaper having general circulation in the area an advertisement of the public hearing that shows the boundaries of the area affected by the proposed zoning map amendment and explains the nature of the proposed change. 3. The final two advertisements shall comply with, and be deemed to satisfy the provisions of G.S. 153A-323. 4. The amendment shall not be less than one-half of a newspaper page in size. 5. The advertisement shall only be effective for property owners who reside in the area of general circulation of the newspaper which publishes the notice. 6. Property owners who reside outside of the newspaper circulation area, according to the address listed on the more recent property tax listing for the affected property, shall be notified by first class mail pursuant to subsection (1) of this section. 7. The person or persons mailing the notices shall certify to the Board of County Commissioners that fact, and in the certificates shall be deemed conclusive in the absence of fraud. In addition to the published notice, a county shall post one or more prominent signs on or immediately adjacent to the subject area reasonably calculated to give public notice of the proposed rezoning. (c) The provisions of this section shall not be applicable to any zoning map adoption that initially zones property added to the territorial coverage of the ordinance. SECTI ~N THREE: 2D.6.3 Fees for Notification 32 Proposed Ordinance at Public Hearing A fee of five dollars ($5) for each owner indicated above will be charged to the petitioner to defray the costs of the research, preparation, and mailing of a notice of the pending zoning classification action to each. SECTION FOUR: 20.6.4. Advertising and Posting Whenever a petition to amend the Zoning Ordinance or the Subdivision Regulations is submitted to the Planning Department, the Zoning Officer shall process the application as specified in Article 20. Said notice of the public hearing shall be given by publishing said notice at least twice in a newspaper of general circulation in the County, stating the time and place of such hearing and the substance of the proposed amendment This notice shall appear in said newspaper for two successive weeks with the first notice appearing not less than ten (1d) days nor more than twenty-five (25) days before the date set for the public hearing, In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. In cases of petitions to amend a zoning classification, the property shall be posted with a notice of public hearing at least 10 days prior to the date of said public hearing. Said notice shall consis#.of a sign(s), a minimum of 18" x 24" posted on the property at a conspicuous location(s), which sign shall b® legible from the nearest public road. Location(s) which are not conspicuous or require additional notification to the public, will be required to have a directional sign(s) posted. Each sign(s) or each directional sign(s) will have an additional charge of twenty-five (25) dollars to the petitioner. The signs are and shall remain the property of the County and shalt be prepared, posted and reclaimed by it. SECTION FIVE: 20.6.5 Respresentation by Attorney In any case where any of the parties are represented by an attorney named in the petition, the mailing or delivery of a copy of the staff report and ate notice of any hearing. to the attorney, shall be the equivalent of mait~g or delivering the same to the party or parties represented by the attorney. sECrioN six: This ordinance shall become efFective upon adoption. (Signature) Clerk, Board of County Commissioners (Signature) Chair, Orange County Commissioners Date and Seal 33 ZONING NON-PETITIONING OWNER NOTICE A petition. to amend ttie zoning map of Orange County has been tiled by: for property owned by (Name) ' (Address, State, and Zip Code) to change the zoning class cation of the property from (Present Zoning Classification) to the new zoning classification of . (Proposed Zoning Classification) The property is located at and consists of TMBL: PIN#: TMBL: TMBL: PIN#: PIN#: The principal activities allowed in the proposed new zoning classification are: The Board of County Commissioners and the Planning Board will hold a public hearing on this petition an , 200^,. A public notice in the form of a rezoning sign will be posted on the premises (within the petitioned boundaries) at least ten (10) days before the Public Hearing by the Planning Staff. A legal advertisement will appear in the News of Oran the Chapel Hill Herald for two successive weeks with the first notice appearing not less than ten (10) days nor more than twenty-five (25) days before the date set for the public hearing. If you have any questions concerning this petition, please contact the Orange County Planning Department, P.O. Box 8181, Hillsborough, NC 27278, Telephone (919) 245-2575 or (336) 227-2031 Ext. 2575. . NOTE: This notice must be sent CERTIFIED MAIL to all non-petitioning property I~ owners. A copy of this notice, Receipt for Certified Mail (white slip) and Return Receipt for Certified Mail (green slip) shall be submmed when the rezoning petition is filed with the Planning Staff. 33A Public Hearing Ordinance An Ordinance Amending the Zoning Ordinance of Orange County Be it ordained by the Board of Commissioners of Orange County, North Carolina, that the Zoning Ordinance is hereby amended, as follows: . SECTIQN ONE: 4.12.12 Existing Commercial-V (EC~S) District a) Intent The purpose of the Existing Commercial-V (EC-5} District is to provide a district to be used only during the application of zoning to previously unzoned townships to accommodate existing commercial uses or in zoned townships to previously zoned commercial property which is not located in areas designated as Activity Nodes by the adapted Comprehensive Plan. b) Application Criteria This district will be applied to existing commercial uses in unzoned townships and previously zoned commercial property located in areas not designated ad Activity Nades in the adopted Comprehensive Plan. This designation shall only be applied to property used for existing commercial at the time of application of this ordinance. 4.12.13 o~e~ov~n Notwithstanding Section 4.12.12 above, an Existing Commercial V (EG-5) District eliminated or reduced to anon-functional lot as a result of apublic-entity condemnation or partial taking may be re- ~tablished administratively provided the following criterion are met: aj Use of the administratively approved district shall be the same use as existed on the condemned or partially taken property. b) New district shall be in close proximity, c) Existing district shall be eliminated and returned to the zoning of surrounding land. If the old district is adjacent to more than one district, the tract shall be returned to the lowest use category. d) Resuli~ng lot size shall meet or exceed minimum non-EC district size for applicable use. Use shall not be expanded more than 10 percent, e) All impervious watershed limitations shall be met. f) A twenty-(2Q) feet width landscaped buffer shall established along the new right-of way. Design criteria shall be instituted meeting commercial standards. 34 Public Hearing Ordinance g) Economic Development District standards shall be used, where applicable. h) Access point shall limited to one driveway a minimum of 26 feet width and a maximum of 40 feet width. Transportation plan shall be submitted along with zoning permit request. i) l=r®estanding signs shall be limited to six (6) feet height and fifty (50) square feet maximum. j) All current Environmental Health regulations shall be met k) All other applicable development criteria such as parking, loading/unloading areas, buffers, etc. shall apply. I) If a condemnation results in less property being taken than is specified for in the Orange County Comprehensive Plan (Transportatian Element), then this section shall not be available. SECTION TWO: This ordinance shall become effective upon adoption. (Signature) Clerk, Board of County Commissioners (Signature) Chair, Orange County Commissioners Date and Seal 35 Amendments to the Orange County Soil Erosion and Sedimentation Control Ordinance Apri114, 2000 NOTE: The underlined text will be added to the Ordinance and the struck-through text will be deleted. The amendments (with only one exception as noted) are being made so that the County Ordinance conforms to the amended Model Ordinance of the North Carolina Sedimentation Control Commission. These changes are the result of legislative changes, the State's staff enforcement experience and the recommendations of their attorneys. Section 3 Definitions Affiliate - a person that directly. or indirectly through one or more intermediaries. controls, is controlled by, or is under common control of another Gerson. Parent - an affiliate that directly, or indirectly through one or more intermediaries. controls, another person- Subsidiary - an affiliate that is directly. or indirectly through one ar more intermediaries, controlled by another ep_rson, Commentary: These new definitions will be placed within the current list in alphabetical order. Section 5 Scope and Exclusions (County-wide) This Ordinance shall not apply to the following land-disturbing activities: A. Agriculture Activities. includingr the breedin an~eraaing of livestock, undertaken on a ngric~ltural land for the production of plants and animals useful to man including but not i~imited to: 1. forages and sod crops. grains and feed crops. tobacco cotton, and peanuts 2. dai ~ animals and dai roducts• 3. poultry and poultryproducts; 4. livestock, including beef cattle, sheep, swine. horses, ponies, mules- or ~, includin~Lthe breedin and in of an or all such animals• 5. bees and aniary_products• 6. fur stets. B. Forestland Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with best management Gractices_ set out in Forest Practice Guidelines Related to Water Quality as adopted by the Department. TflGnd-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related [o Water Quality, the provisions of this ordinance shall apply to such activity and any related land-disturbing activity on the ti act. C: Mining .Activities for which a ermit is C:1My Documents\ECFORMS~AMENDS2000.doc 36 re uired under the Minin Act of 1971 Article 7 of Cha ter 74 of the General statues. Commentary: The changes above will be made in this Section to conform to amendments to the Model Ordinance. Section 1'~ Permits 6rada~g Land-Disturbing Permit . Before starting gland- disturbing activity greater than 20,OD0 square feet, the owner or his agent shall obtain a >~g Land- Disturbing Permit from the Erosion Control Officer. Erosion Control Plans must be approved before a t~3g Land- Disturbin Permit will be issued: t~adiag Land- Disturbin Permits maybe obtained when the Plan is approved or prior to the start of the land disturbance. Commentary: This text change will occur throughout the ordinance. The purpose of this change is to clarify that the Permit is to be obtained before arty land-disturbing activity. D. Expiration of Permits Plan Approvals The Coun ma establish an ex iration date for erosion control lens a roved under this Ordinance. Erosion Control Plan Approvals expire e~hteen months et}e~ea~ after the approval date unless the land disturbance is started as defined below. Commentary: The text will be added to conform to the Model. Sta„~is proposing that the time period of expiration be extended to give reasonable time for applicant to obtain all approvals and permits necessary to construct the project, which can take considerable time in Carrboro and Chapel Hill. A year is net long enough Section 18 Erosion and Sedimentation Control Plans A. Plan Requirement An Erosion Control Plan shall be prepared for all land-disturbing activities subject to this Ordinance whenever the proposed activity is to be undertaken on a tract comprising more than 20,000 square feet, if more than 2D,000 square feet are to be uncovered. Three (3) copies of the Plan shall be filed with the Erosion Control Officer, one cODV of which will be simultaneous) forwarded to the Orange Soil and Water Conservation District, at least 30 days prior to the commencement of the proposed activity. One cop__ o~#he Plan_must be forwarded to the Director of the NC Division of Water Quality for env land-disturb' activity that involves the utilization of ditches for the~arpose of de-watering or lowerine the water table. B. Review by the Soil & Water Conservation District The Orange Soil and Water Conservation District, ,shall review such plan and submit ~ anX comments and recommendations to the Erosion Control Officer within 20 da s after the Soil and Water Conservation District received the erasion control lan or within an shorter riod of time as ma be a eed u on b the District and the Coun .Failure of the District to submit its comments and recommendations to the Erosion Control Officer within tae-pFessr~ie~ 20 da~rs or an a reed-u on shorter eriod of time w~ shall not delay final action on the plan. C:~iv1y Dacuments~ECFORMSWMENDS2000.doc 37 C. G. H. Review and Response to Plans The Erosion Control Officer will review each complete plan submitted and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with conditions, approved with performance reservations, or disapproved. Examples of conditions of approval are, but not limited to: channel stabilization must be successful or another type of lining must be used; delineating certain areas to be graded and stabilized within a specified number of days to reduce the potential for erosion and protect critical areas; providing a performance security to provide permanent ground cover; and requiring the person financially responsible to retain the services of a professional engineer ar architect to supervise implementation of the approved erosion control plan. Deadline for Reviewing Plan Failure to approve. annrove with conditionst a~nrove with modifications. or disapprove a complete erosion and sedimentation control plan within 30 days of receipt of the complete plan shall be deemed approval. Disapproval DeFria~l of a plan must specifically state in writing the reasons for disapproval den~l•. The County must approve, approve with conditions, approve with modifications. or disapprove a revised plan within 15 days of receipt, or it is deemed to be approved. If, fallowing commencement of eland-disturbing activity pursuant to an approved plan, the County determines that the plan is inadequate to meet the requirements of this Ordinance, the County may require °°~s any revision of the plan es~e that is necessary to comply with this Ordinance. Failure to a rove a rove with conditions a rove with modifications or disa rove a revised erosion control lan within 15 days of receipt shall be deemed approval of thg.plan. Review of Other Environmental Documents Any plan submitted for eland-disturbing activity for which an environmental document (either an assessment or impact statement) is required by the North Carolina Environmental Policy Act (G.S. 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review, The County shall promptly notify the person submitting the plan that the 30 day time limit for review of the plan.pursuant to Section l 8(C) of this Ordinance shall not begin until a complete environmental document is available far review. The anurov_al of the erosion control plan is conditioned on the applicant's compliance with Federal and State Water Quality laws, resulationsLand rules. Cansideratian of Applicants Past Performance Orange County may disapprove ~ Erosion Control Plan e-dis~appr~ed upon a finding that an applicant, : or a wren subsidia or other affiC of the a licant: has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act ; b the time the a ent is due. Commentary: The changes above will be made in this Section to conform to amendments to the Model Ordinance. Section 21 Ynspections and Ynvestigations A. Site Inspections C:\My Documenu\ECFO1tMS\AMENDS2000.doc 38 Agents, officials, or other qualified persons authorized by the County will periodically inspect #~ie-s+tea ' ' ' land-disturbine activities to ~e ensure; compliance with the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance; :u~t"~_ •~~ -~*~-~~~-• ~~ L~:__ whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice of the right to inspect shall be included in the letter of ~pprova) of each erosion control iieti€tsa~iei~ef plan a~e~l. BG. Authority to Enter Property and Conduct Investigations and Inspections No rson shall willfull rests Bela or obstruct an authorized re resentative em to ee ` or a ent of Oran a Coun while that erson is ins ectin or attem tin to ins ct a land-disturbin activi under this. section. The Erasion Control Officer shall have the power to conduct such investigations as ley ie~deei~r deemed_reasonably necessary to carry out li}s the duties as prescribed in this Ordinance, and for this .purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activities. No person shall refuse entry or access W any authorized representative or agent of the county who request entry far purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out #is their official duties. l~C. Notice of Violation If~eiigh-ii3s~es~iei~ it is determined that a person engaged in land-disturbing activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, of ' , a notice of violation shall be served upon that person. The notice made served by an;~.means authorized under G S lA-1. rule 4. ' .The notice shall s eci a date b which the rson must com 1 with the Ac or this Ordinance or rules ~ or orders ado ted ursuant to this Ordinance and inform the rson of the actions that need to be taken to com 1 with the Ac this Ordinance or rules or orders ado ted ursuant to this Ordinance. .However, no time period for compliance need be given for failure to submit an erasion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out their official duties. Any~n who fails to comply within the time,specified is subject to the civil and criminal nalties rovided in this Ordinance. Commentary: The following 3 subsections in this Section wiYl be relettered to account for the added subsection. Section 22 Penalties A. Civil Penalties i. Assessment of Penalties Any person who violates any of the provisions of this Ordinance or rules or orders adopted or issued pursuant to this Ordinance, or who initiates or continues aland-disturbing activity for C:~Ivly Documents~ECFQRM5IAMENDS2o00.doc 4 39 which an erosion control plan is required except in accordance with the terms, conditions, and provisions of an approved plan, is subiect to a civil penalty. The maximum civil penal , for a violation is five thousand dollars ($5.0001 per dad A civil penalty may be assessed.from the date the violation is detected ifthe deadline stated in the Notice of Violation is not met. Acne-time civil penalty of five thousand dollars ($SOODI may b_e assessed for the day the violation,is first detected. However, no time period for compliance need be given for failure to submit an Erosion Control Plan for approval or for obstructing, hampering, ar interfering with an authorized representative while in the process of carrying aut his official duties. Each day of a continuing violation shall constitute a separate violation under Section 22(A)(1). 2. Demand far Payment of Penalty The Orange County Board of Commissioners shall make noti the arson who is assessed the civil penalty of the amount of the penalty and the reason, for assessing_the~analty. erg The notice of assessment shall be served b, any means_authorized under Section, 21C of this Ordinance, and shall direct the violator to either pay the assessment or c~ntgst the assessment, within 30 days_after receipt_of the notice_of assessment. by wrttem demand for a hearing: If payment is not received within 30 days after demand for payment is made, the Coun or town ma institute a civil action to recover the amount of the assessment. The_ civil action may be brought in, the Superior Court of the county_where the . violation occurred, or• the violator's residence or principal place of business is located. tee pennlt~ Such civil actions must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. An assessment that is contested is due at the conclusion of the administrative and 'udicial review of the assessment. Commentary:-: penalty is deteted The penalty of $S00 a day until the violation is corrected can be used instead 34. Use of Penalties Civil penalties collected pursuant to this Ordinance shall be credited to the eneral fund of the local eovernment as nontax revenue. Section 23 Injunctive Relief B. Drder to Cease Violation Upon determination by a court that an alleged violation is occurring or is threatened, the court ~ shall C:\My DacumenCS\ECFQRMSWMENDS2000.doc - 40 enter any order or judgement that is necessary to abate the violation ensure that restoration is erformed or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to sew the proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. Section 24 Restoration of Areas Affected b Failure to Com - The Coun rna re wire a erson who en a ed in a land-disturbin activi and failed to retain sediment enerated b the activi as re wired b G.S. 113A-57 3 to restore the waters and land affected b the failure so'as to minimize the detrimental effects of the resultin ollution b sedimentation. This authority,is in addition to any_,other civil_or criminal penalty or injunctive relief authorized under this Ordinance. Commentary: This section is added to require the restoration of areas damaged by the failure to 'contain sediment on the site of gland-disturbing activity. The remaining 3 sections will be renumbered to account for the addition of Section 24 above. C:N~ty Documents~ECFORMSWMFNDS2000.doc