CFE agenda 121415 - Laserfiche WebLink

Browse Search

Attachment 1 PLANNING & INSPECTIONS DEPARTMENT Craig N. Benedict, AICP, Director ELI' Engineering / Erosion ,� � , 131 W. Margaret Lane Control I Stormwater Suite 201 (919) 245 -2575 ORANGE COUNTY P. O. Box 8181 (919) 644 -3002 (FAX) NO)? TF1 CAROLIf,4A Hillsborough, NC 27278 www.orangecountync.gov T A 0 � TO: Orange County Board of County Commissioners FROM: Howard W. Fleming, Jr., PE, Engineering /Stormwater Supervisor DATE: 11/23/15 PROJECT: GENERAL SUBJECT: Session Law 2015 -246 (HB 44) The following is the Engineering /Stormwater Division's analysis of the impacts of subject legislation on the Erosion Control /Stormwater program of Orange County. ADDED § 153A- 145.6. Requiring compliance with voluntary State regulations and rules prohibited. (For full text see Attachment 4) Based on this new law, it appears that our ability to enforce the Jordan Lake Stormwater regulations for new development is rescinded. This is based on the fact that SL2012- 200 (enacted 08101112 versus Orange County UDO amendment ordinance 2012- 011, adopted 04117112) delayed our required implementation to August 10, 2014. Subsequently, SL2013 -395 delayed implementation of all Jordan Lake Rules "that begin July 1, 2013, or later" for a period of three years. So, it appears that the requirement for us to implement the Jordan Lake new development stormwater regulations has been delayed until 2017. Even though the title of 153A -145.6 says "voluntary State regulations ", the text of the first paragraph says- "If a State department or agency declares a regulation or rule to be voluntary or the General Assembly delays the effective date of a regulation or rule proposed or adopted by the Environmental Management Commission, or any other board or commission, a county shall not require or enforce compliance with the applicable regulation or rule, including any regulation or rule previously or hereafter incorporated as a condition or contractual obligation imposed by, agreed upon, or accepted by the county in any zoning, land use, subdivision, or other developmental approval, including, without limitation, a development permit issuance, development agreement, site - specific development plan, or phased development plan." Since the required implementation has been delayed by the General Assembly until 2017, Engineering /Stormwater Division's interpretation is that the County "shall not require or force compliance with the" new development rules for Jordan Lake. We recommend consideration and interpretation by the County Attorney's office. S:\2 Boards\BOCC\2015 Public Hearings\Nov QPH\Work Session Items \2015 Session Law EBects\Att 1 - ImpactsOfSL2015- 246( I -1B44)EC- SW- ProgOfOC_111215.doc