NSN ORD-1995-003 Proposed Zoning Ordinance Text Amendment Article 6.23 - IX-A

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13 APPLICATION OF STREAM BUFFER PROVISIONS ON EDUSTING LOTS OF RECORD L DESCRIP'T'ION OF PROBLEM Article 6.23.7b of the Zoning Ordinance requires that new structures and septic systems be located outside of stream buffers. Outside of watershed critical areas, the width of the buffer ranges from 50 feet to 150 feet, depending on slope,and is measured from the edge of the floodplain. Within watershed critical areas, there is no upper limit on the width of the buffer. Article 6.23.7e of the Zoning Ordinance requires that new structures be located at least 150'from a reservoir, or outside of the stream buffer, whichever is greater. Article 6.23.8 of the Zoning Ordinance requires that septic systems be located at least 300' from a reservoir, 100'from a stream, or outside of the stream buffer, whichever is greater. The current watershed regulations, which implemented the State mandate, became effective on January 1, 1994. At that time, the Orange County portions of the Lower Eno, South Hyco Creek, Haw River and Jordan Lake Watersheds were designated as protected watersheds for the first time. Also, the portions of the Back Creek Upper Eno, Flat River, South Hyco Creek and Little River Watersheds in Cedar Grove and Little River Townships, which were previously designated as protected watersheds only in the Comprehensive Plan, were made subject to requirements of the watershed protection overlay districts through the zoning of those townships. As a result, existing lots on which a stream is located, in most of Little River, Cedar Grove and Eno Townships and a small portion of Chapel Hill and Bingham Townships, have recently (as of 1/1/94) been made subject to stream buffer requirements. In some cases,the application of these setbacks may render an existing lot unbuildable without a variance, since the width of the buffer was not taken into account when the lot was created. For example, the Bellechene East Subdivision, located adjacent to Lake Orange, was approved prior to the zoning of Cedar Grove Township and the application of watershed protection standards. Eighteen of the 30 lots are located entirely or almost entirely within 300 feet of Lake Orange, and would be unbuildable if the 300' septic system setback were applied. Most of the lots surrounding Lake Orange are now non-conforming and may be unbuildable without a variance if the 300'septic setback and 150' building setback are applied. The same problem can arise with regard to stream buffers in cases where the lot was created prior to the current stream buffer requirements. The extent of potential problems adjacent to streams is difficult to identify because the lots which could potentially be impacted cover a large geographic area. The remedy available at this time is for the property owner to seek a variance of the setback requirements to the extent necessary to develop the property. An amendment to the Zoning Ordinance was presented for public hearing on February 28, 1994 and would have allowed a reduction in the septic and building setbacks on lots adjacent to reservoirs which were created prior to January 1, 1994 to the extent necessary to build on the property, provided that septic systems and structures remained outside of stream buffers, and the septic system remained at least 100 feet from the reservoir (as required by the State mandate). The amendment was proposed in an effort to address the concerns expressed by many of the property owners surrounding Lake Orange. The amendment was not approved due,at least in part, to opposition from OWASA. OWASA was concerned that the proposed amendment would be perceived as a relaxation of Orange County's commitment to watershed protection in the Cane Creek watershed.