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15 <br /> 4. Restrictions on the use of septic easements may have little or no effect on water <br /> quality. <br /> Currently, the use of off-site septic easements (except as needed for repair area) is <br /> prohibited in the University Lake Watershed (ULW). In the amendments presented for <br /> public hearing in August, it was proposed that the ULW restrictions pertaining to septic <br /> easements be extended to apply to all protected watersheds. <br /> There were no comments prior to or during the public hearing. Two letters (attached) <br /> expressing opposition to the provisions have been received since the public hearing. <br /> The Orange County Division of Environmental Health reviewed the provisions and <br /> indicate that the prohibition of individual off-site septic easements would not enhance <br /> water quality, and that allowing easements could be beneficial in some cases due to <br /> greater flexibility in locating and designing septic systems. In terms of maintenance, it <br /> was indicated that it was likely that system problems or failures would be reported and <br /> corrected more quickly where there was an off-site easement because the owner of the <br /> property would not own or be responsible for the septic system. <br /> RECOMMENDATION - In response to these concerns, it is recommended that there be <br /> no change to current regulations regarding the use of septic easements. The Subdivision <br /> Regulations require the lot on which the septic easement is located contain at least <br /> 20,000 square feet in addition to the minimum lot size required by the zoning district. It <br /> is recommended that this provision also be made explicit in the Zoning Ordinance. <br /> 5. Construction of Non-residential BMPs in Residential Zoning Districts <br /> Parking lots, septic systems and water supplies are required to be located within a zoning <br /> district that allows the primary use which the facilities serve. For example, a septic <br /> system for a commercial land use must be located on property which is zoned for <br /> commercial use. The same provision would apply to non-residential detention <br /> The result of this provision is that the non-residential zoning lot may require a significant <br /> amount of land area for infrastructure needs. The acreage requirement does not pose a <br /> significant problem in Commercial or Industrial Activity Nodes (such as those in Efland <br /> or the vicinity of I-85 near the Durham County line). This limit could be a problem in <br /> Rural Activity nodes, however, where there is a limit of 10 acres of non-residential <br /> zoning which can be approved within the node. <br /> RECOMMENDATION- The Planning Staff recommends that detention ponds be located <br /> on the same zoning lot as the development it serves, as is currently required. It is further <br /> recommended that acreage limits which apply within Rural Activity Nodes be reviewed <br /> and modified as needed to account for acreage needs associated with project <br /> infrastructure. <br /> 11 <br />