ORD-2003-005 Amend Article 6.23.7 Stream Buffers and Article 22 Definitions

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~D~FJ-~o3.-oos b. Amend Article 6.23.7 Stream Buffers and Article 22 Definitions to broaden the methods for identification of streams that require stream buffers. The specific change is to include a provision allowing use of the Soil Survey of Orange County and field identification by County staff to identify streams subject to stream buffers. Anew definition for Water Feature is added as a part of the amendment. Craig Benedict made this presentation. He said that this is a change from the existing zoning code that talks about the identifying streams. The streams are identified on United States Geologic Survey maps (USGS). The suggestion is to increase the opportunities to identify streams with two additional methods. The first method is to use the Orange County Soil Survey maps. The Department of Water Quality has also put together a certification program where people can identify streams or identify that something is not a stream based on a list of criteria. The recommendation is to add this provision to the zoning code so that when subdivisions are analyzed, they can take into consideration all of the aspects of a stream. It has also been a goal of Orange County to protect the headwaters because 85% of all areas drained in the County are headwaters. An implication of this provision is that there will be additional stream miles that will be protected. Commissioner Jacobs asked if Mr. Feathers has seen a copy of this and Planner Robert Davis said that he was aware of it. Commissioner Gordon would like to have an estimate of the impact of this provision. She wants to protect streams as much as possible, but she wonders what the impact would be on people's properties since so much of Orange County might be in this classification. There were no Planning Board comments. Public Comment There was no one signed up to speak to this item, but Chair Gooding-Ray asked if anyone would like to speak. Robert Nichols, a retired dairy farmer, said that he went to the Planning Department today to ask about this provision. He said that Craig Benedict said in the presentation that the stream buffer would be from 130-170 feet. On his property this would take about 37 acres of his 175 acres. He would like to know what he can and cannot do with this property. He asked if he could harvest the timber. Craig Benedict said that if his property is a bona fide farm and forestry operations is what is planned for the property, then he would be following forestry regulations as sanctioned by the State and it would not fall under these zoning regulations. Bona fide farms are exempt from zoning regulations. Robert Nichols made reference to article 6.23.7 in the zoning ordinance and asked what this refers to. Craig Benedict said that article 6.23.7 gives a definition of blue line streams and it offers how to determine stream buffers. Chair Gooding-Ray made reference to 6.23.7 and read, "A stream buffer is an area of land adjacent to a stream or a FEMA identified flood plain, whichever is greater, except as permitted in article 6.23.7." She asked about the exception. Robert Davis said that the exceptions would be utilities, private road crossings, etc. Robert Nichols made reference to rainwater and said that this does not address rainwater. He said that there would be no financial cost to the public for this, but that he would have a large financial cost to take out 37 acres. He asked why his land could not be grandfathered. Chair Brown said that this provision would not apply to bond fide farms. Commissioner Jacobs said that we should make it clear that this does not apply to bona fide farms. County Attorney Geoff Gledhill said that no County zoning regulations apply to bona fide farming operations. z -z~-d ~ G . ~ r ~j