Agenda - 08-26-1991 - Laserfiche WebLink

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overall density of development less than 1 unit per 2.0 acres of land, AND a limit of 6% on impervious surfaces. This linkage of density and impervious surfaces is a common one used by many local governments in the area (including Orange County). This "minimum rule" has recently been clarified, however, to require EITHER two-acre lots OR a 6% impervious surface cap as a minimum for protecting water quality. The effect of this clarification is that a two -acre minimum lot size is not necessarily required. Local governments can instead impose a 5% impervious surface cap on all new development. Such a cap would limit houses on a 40,000 square foot lot to 2400 square feet of impervious surface (including driveways and other appurtenances). In addition, is should be noted that all of the state's rules are "minimums ", which might be superseded by local governments which opt for a higher level of low density land use protective measures. The second interpretation involves non - residential development in Class WS -II and WS -III watersheds. Currently, the rules appear to limit new non - residential development to a maximum of 10% of the watershed - allowing such uses to have a built -upon area of 70 %. At a recent Triangle J COG meeting, a representative of DEM suggested that this might be interpreted so as not to place a cap on non - residential development - as long as the development met the impervious surface requirements of the minimum rules. It is unclear at this time whether this will be the position of the EMC as well. CONCLUSION The EMC's regional public hearing on August 15 in Raleigh generated a tremendous amount of participation - such that the EMC plans to schedule a second hearing for the area. Because of this, the EMC has extended its deadline for receiving written comment in the hearing process to October 31, 1991. The issues defined both in the original staff report and in this addendum have significant implications for Orange County in a number of areas. There are external unknowns that will also eventually factor into the equation. Other issues and questions will certainly be raised as the process continues.