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October 28, 2010 UNC Letter to Craig <br />Benedict concerning Special Use Permit <br />requirement. <br />October 28, 2010 <br />UNIVERSITY ARCHITECT AND DIRECTOR <br />FACILITIES PLANNING DEPARTMENT <br />103 AIRPORT DRIVE <br />CAMPUS BOX 1090 <br />CHAPEL HILL, NC 275991090 <br />Mr. Craig Benedict, AICP, Director <br />Orange County Planning and Inspections Department <br />131 West Margaret Lane <br />P.O. Box 8181 <br />Hillsborough, NC 28278 <br />Dear Mr, Benedict: <br />TEL: 919 - 966.1571 <br />FAX 919- 962.9103 <br />www.fpc.unc.edu <br />annaw8facxmedu <br />I am writing to follow -up on our meeting of October 8, 2010 concerning future plans for the Bingham <br />Facility. As you know, the University has declined the NIH award that would have provided funds for <br />expansion of the_facility. Our current plan, as we discussed with you, is to repair and renovate the older <br />buildings and some of the infrastructure, but we will not be constructing any new facilities or expanding <br />any of the existing ones. As we noted in our meeting, the wastewater system will not support any <br />expansion of the existing facilities. As soon as it is available, we will provide to the Orange County <br />Planning Department an updated and corrected site plan for administrative review and approval. <br />A letter dated April 9, 2010 suggested that the University should seek to obtain a Class A Special Use <br />Permit (SUP) for the wastewater system serving the Bingham Facility. We believe the University is <br />exempt from that requirement for the following reasons: <br />a. The Bingham Facility has been in continuous existence since 1971, before the effective date <br />of the County's Zoning Ordinance and before the requirement to obtain an SUP for a <br />wastewater system treating more than 3000 gallons per day. Therefore by default, this use is <br />already permitted. <br />b. The North Carolina Department of Environment and Natural Resources (DENR) has <br />statutory authority to regulate this type of wastewater treatment system and is requiring the <br />University to upgrade the system to meet DENR regulations found in Title 15A, subchapter <br />2T of the North Carolina Administrative Code. The statutory authority and the <br />accompanying state regulations pre -empt the County's ability to regulate this use. <br />c. North Carolina General Statute section 153 -347 subjects state buildings to regulation by a• <br />county's zoning ordinance. A wastewater system consisting of underground piping is not a <br />building and thus cannot be regulated by the County. <br />For these reasons the University does not believe it must seek an SUP for the wastewater system. We <br />will of course provide you with copies of our plans for the system as well as our application to DENR. <br />We appreciate the courtesy you have extended to us and your willingness to work with us. Please contact <br />me if you have any questions. <br />Sincerely, <br />4 t4 A V/ <br />Anna A. Wu, FAIA <br />c: Robert P. Lowman <br />Masaya Konishi <br />Bruce Runberg <br />_gq,_ <br />