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Article 4: Overlay Zoning Districts Section 4.2: Watershed Protection Orange County, North Carolina – Unified Development Ordinance Page 4-6 4.2.5 Impervious Surface and Detention Pond Requirements for Residential Uses TABLE 4.2.5.1: IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL) DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS (RESIDENTIAL) UNIV-CA UNIV-PW 6% impervious surface limit. EXCEPT for all lots which existed prior to 4/2/90, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios – Univ, Cane, and Little). [1], [2] BMPs cannot be used to satisfy watershed impervious surface requirements. 1 Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access easement, or created in accordance with established density regulations through the subdivision process to qualify for additional impervious surface allocation as detailed in Section 4.2.8 (C). 2 CANE-CA CANE-PW 6% impervious surface limit. EXCEPT for lots smaller than two acres which existed prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios – Univ, Cane, and Little). [1], [2] * BMPs cannot be used to satisfy watershed impervious surface requirements. Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access easement, or created in accordance with established density regulations through the subdivision process to qualify for additional impervious surface allocation as detailed in Section 4.2.8 (C). U-ENO-CA 6% impervious surface limit. EXCEPT for lots smaller than five acres which existed prior to 6/1/2010, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios – Upper Eno). [1], [2] * BMPs cannot be used to satisfy watershed impervious surface requirements. LITTLE-PW 6% impervious surface limit. EXCEPT for lots which existed prior to 1/1/94, which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface Ratios - Univ, Cane, and Little). [1], [2] * BMPs cannot be used to satisfy watershed impervious surface requirements. Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access easement, or created in accordance with established density regulations through the subdivision process to qualify for additional impervious surface allocation as detailed in Section 4.2.8 (C). 3 1 Staff is editing existing notes throughout the Section to address existing typographical and reference errors. In the existing text an asterisk (‘*’) in certain cases was used to denote information while in other cases it was not. There was also a [1] used to identify certain watersheds requiring a BMP in the Neuse River Basin. Unfortunately the watershed overlay districts identified are not in the Neuse River Basin. The proposed amendments address these issues and clarify the essential information. 2 Green bold underlined language added on May 28, 2015 to address a concern of the Planning Director. Specifically lots created through the cluster subdivision process would not be able to take advantage of the proposal. We also changed out the term ‘parcel’ for ‘lot’ as the term ‘lot’ is already defined within the UDO. 3 Staff is suggesting language mandating a 2 acre minimum lot size, or that the lot was created in accordance with established density regulations, in order for a parcel within identified watershed overlay districts to request a modification of impervious surface area through the installation of a stormwater feature. The rationale for the suggestion is that State regulations currently allow governing bodies to require either a 1 acre minimum lot size, limited to a 6% impervious surface threshold, or a 2 acre minimum lot size limited to a 12% impervious surface threshold. In these identified watershed overlay districts the County made a conscious decision to follow the more restrictive option. We are recommending the condition to ensure those properties subject to a modification request meet minimum State standards with respect to required lot size. Please refer to Attachment 2 for additional information on State requirements associated with the establishment and enforcement of impervious surface thresholds. 54