Orange County NC Website
P ' <br /> 2 " <br /> Public Hearing: The proposed UDO amendments were heard at the February 27, 2012 joint <br /> public hearing. No members of the public spoke on the proposed UDO amendments. The draft <br /> public hearing minutes are included at Attachment 3. Three members of the Board of County <br /> Commissioners asked questions. The comments and staff responses are' summarized as- <br /> follows: <br /> 1. A County Commissioner asked what happens if the County chose not to adopt these <br /> amendments. Stormwater staff did not have an answer for this question. <br /> Staff Comment:There really is no option. The state is requiring adoption and while there are <br /> no actions listed in the state's rules, presumably the state could take action against a local <br /> government if they were not adopted. <br /> 2. A County Commissioner asked about section 6.14.5(A)(1)(c) and its implications to single <br /> lots. Stormwater staff explained this language was designed to ensure a developer did not <br /> "piece meal" the land disturbance to avoid stormwater requirements. Staff further explained <br /> that the proposed stormwater standards may be applicable to a single lot if no other <br /> stormwater controls were previously provided. <br /> 3. A County Commissioner asked if the County was looking for covenants mentioned in section <br /> 6.14.9(C) at the subdivision level. Stormwater staff said no and that the covenant or <br /> restriction would be recorded with the deed when a stormwater best management practice <br /> (BMP) was put into operation. <br /> 4. A County Commissioner asked whether periodic inspections of stormwater BMPs will be <br /> required only for subdivisions (i.e. developments) and not on individual lots. The <br /> Commissioner also asked about inspection fees. Stormwater staff replied that any BMPs <br /> approved under these rules would require inspections, even if on a single lot. Staff <br /> explained that this is not new but was in the previous stormwater ordinance language. <br /> Stormwater staff also explained that it will be the owner's responsibility to inspect annually <br /> and file a report. County staff will be required to inspect at least once every five years under <br /> these changes. <br /> 5. A County Commissioner stated that fees should cover the cost of additional staff that may be <br /> required as outlined in the financial impacts. The same Commissioner also spoke about <br /> public education and possible signage. The Commissioner also asked that the word <br /> "periodically" be deleted in Section 6.14.10(C)(4). <br /> Staff Comment: The word "periodically" was removed as requested. Staff also will be <br /> completing an analysis of staff resource needs and determine if fee increases or additions <br /> are necessary. As far as public education and outreach, staff does not believe it feasible to <br /> place signs throughout the County, but part of.the stormwater program that staff implements <br /> includes education and outreach. Recently a fact sheet was posted on the County website, <br /> staff presented to the local homebuilders association and an article was written and <br /> published in the Stormwater Almanac, the Town of Hillsborough's stormwater newsletter. <br /> Other education/outreach will be conducted as required by the County's stormwater <br /> programs. <br /> 6. A County Commissioner asked for an explanation of "enforceable restrictions" in Section <br /> 6.14.9(C) and what the penalty would be. The same commissioner also asked how staff <br /> would handle the situation of a BMP not being maintained and the property subsequently <br /> being sold. Stormwater staff explained it is ultimately up to the owner and it would be their <br />