Agenda - 02-28-1994 - C.1.a - Laserfiche WebLink

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Orange County Watershed Protection. February 17, 1994 Page 2 Board's position represents a reasonable balance between the stringent regulations currently in place and the more permissive rollback proposed by the County. I recommend that the Authority's November 1993 position be reaffirmed for the University Lake and Cane Creek watersheds. OF_F M EASEMENTS FOR SEPTIC SYSTEMS Existing: Except to correct a failing system, current County regulations prohibit the use of offsite septic system easements in all Orange County water supply watersheds. That is, no portion of an individual septic system may be located on a separate piece of property. This restriction has been in effect in the University Lake watershed for several years, but was not applied to the County's other water supply watersheds until recent changes were.adopted in December 1993. Although no comments were addressed to this issue during last year's public hearings, the County received two letters of opposition after the hearing record was closed. Proposed: The proposed amendment would allow the use of offsite septic system easements in all areas except the University Lake watershed; i.e., this issue would return to its pre-December 1993 status. Rationale for the Proposal• Given the lack of specific attention given to this issue either by the public or the County Commissioners during lengthy deliberations over the complex and comprehensive watershed protection matters, the County desires to revisit the issue and clarify its intent. Orange County Health Department staff have indicated that the prohibition of individual off-site easements would not enhance water quality, but that allowing such easements could be beneficial in some cases due to greater discretion in locating and designing septic systeins. Health Department staff suggested that maintenance problems would more likely be reported for drainfields looted on offsite easements than on a resident's own property. County staff also state that the current prohibition of offsite easements tends to foster the creation of lots with very irregular shapes and to inhibit more creative subdivision design, such as cluster developments. OWASA Staff Comments: This issue has not been the focus of previous comments by the Authority. In 1989 OWASA did oppose a subdivision proposed for the University Lake watershed that would have relied extensively on offsite septic system easements, but this was only one of several points of the Authority's opposition. OWASA's 1993 statements to the County " Commissioners recommended that the overall level of watershed protection for Cane Creek should be equivalent to what was already in place for University Lake, but the specific item of offsite septic easements was not addressed. I believe that there is merit to County staff suggestions that offsite easements may offer more flexibility in optimizing septic systern design and subdivision configuration. I disagree, however, with the suggestion that failing systems are more likely to be corrected when those systems are