ORD-2000-143 Stream Buffer Zoning Ordinance Amendments

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of assistance to him when his equipment caught fire and also when he had bugs in his pine trees. He feels that if the County Commissioners put restrictions on forestry that it will impact the people who are selling the timber. A motion was made by Commissioner Carey, seconded by Commissioner Jacobs to approve and authorize the Chair to sign the annual agreement with the N.C. Department of Environment and Natural Resources and the accompanying Memorandum of Understanding. VOTE: UNANIMOUS C. Contract for Limited Site Assessment of Underground Storage Tank (UST) The Board considered contracting with Quantum Environmental, Inc. in the amount of $20,645, to provide technical services for preparation of a limited site assessment report to the Groundwater section of the state Division of Water Quality. Public Works Director Wilbert McAdoo said that a proposal was sent out and three responses were received. This assessment will be sent to the State to identify the remaining soil contamination in the immediate vicinity of where the tanks were removed. The contamination should not be extensive. A motion was made by Commissioner Gordon, seconded by Commissioner Jacobs to contract with Quantum Environmental, Inc. in the amount of$20,645 to provide technical services for preparation of a limited site assessment report to the Groundwater section of the state Division of Water Quality. VOTE: UNANIMOUS d. Stream Buffer Zoning Ordinance Amendments The Board considered proposed stream buffer amendments. Planner Robert Davis outlined the changes as suggested by the Ordinance Review Committee and approved by the Planning Board. This item went to public hearing on August 28, 2000 and was referred back to the Ordinance Review Committee. The Ordinance Review Committee recommended to the Planning Board to approve the stream buffer ordinance. The Planning Board also recommended approval with some changes to the ordinance. The purpose of the amendments is to provide clearer language for stream buffer calculation; add new definitions for Usable Lot Area and Federal Emergency Management Agency; set minimum square footage of lots that must be unencumbered by stream buffers, easements, water bodies, wildlife corridors, etc.; and establish a minimum of 50-foot (each side) stream buffers for perennial and intermittent streams outside of Watershed Protection Overlay Districts. The zoning text amendment does not affect bona fide farming operations. If the amendments are approved, they will apply to the entirety of Orange County. Commissioner Gordon made reference to page five and the added section and asked if number two should be septic system repair areas for existing structures. Commissioner Jacobs questioned a situation where a subdivision has been approved but has not been platted. He does not think that where the septic system repair area is vested is a very clear cutoff point (i.e., upon issuance of a building permit, or platting of the property). Geoffrey Gledhill asked that section 8 be excluded from the approval and that he bring it back with a more clear explanation (i.e., at what point the vesting would occur). Commissioner Gordon pointed out that the vesting portion did not go to public hearing. She thinks the staff is going to have to come back with some possibilities and some pros and cons. Commissioner Jacobs said that it sounds like the definition of"wildlife corridor"would have to be changed to 150 feet. He said that if the County Commissioners believe that 110 meters is a valid width for a wildlife corridor, then there may need to be some recognition in the process by the person purchasing the lot that an additional amount of land would constitute a wildlife corridor. Robert Davis said that"wildlife corridors" are not mapped on the plat. Commissioner Jacobs also questioned how a buffer could be set around a body of water that may at some point in the future be eliminated (i.e., filling in a pond). Robert Davis said that if a pond were in the middle of the field, it would not be included because it would not be in the same area of the stream buffer. If the pond were adjacent to the floodplain, then the buffer would be included.