Agenda - 03-07-2019 5-a - Unified Development Ordinance (UDO) Text Amendments – Enforcement of Nutrient Standards within the Jordan Lake Watershed

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Article 1: Administration 17 Section 1.1: General Provisions (E) Town of Carrboro Land Development Standards: The regulations governing the use of land and structures as contained in the Town of Carrboro Land Use Ordinance are hereby adopted by reference as fully as though set forth herein. The regulations shall be applicable to that portion of the Transition Area located within the Carrboro Joint Development Review Area as prescribed in the adopted Joint Planning Area Land Use Plan and the adopted Joint Planning Area Land Use Map. (F) The Jordan Water Supply Nutrient Strategy Rules and riparian buffer protection rules (Jordan Lake Rules)of 15A NCAC 02B .0265, .0267 and .0268, SeGtien (d) of Sessi„n Law 2009_216 and Section F; /o\ of Session Law 2009_216 Session Law 2009_484 'apply to all lands within the Jordan Lake Watershed portion of Orange County. Wherever standards of the Jordan Lake Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (G) The Neuse River Basin Nutrient Sensitive Waters Management Strategy rules and the riparian buffer protection rules (Neuse Rules)of 15ANCAC 02B .0235, .0240, .0233, .0241, and .0242 apply to all lands within the Neuse River Basin portion of Orange County. Wherever standards of the Neuse Rules and the standards listed in this ordinance differ, the more restrictive provisions shall apply. (H) The Falls Reservoir Water Supply Nutrient Strategy: Stormwater Management for New Development Rule of 15A NCAC 02B .0277 applies to all lands within the Falls Lake Watershed portion of Orange County, except where standards in this Ordinance are more restrictive. The Jordan Water Supply Nutrient Strategy: Stormwater Management for New Deyelepmen+ Rule of 15A NGAG 02B 0265 applies +o all land ,.,i+h.n +ho 1orr-an I elks Watershed pe-die-n- ef Orange Geunty, eXGept where standards in this OrdinanGe are more roc+rin+iao 2 ,me. 1.1.10 Coordination with Other Regulations All references contained within the Ordinance to other municipal, county, state, or federal regulations are for informational purposes only and do not constitute a complete list of such regulations. These references do not imply that the county is responsible for enforcing municipal, state, or federal regulations. 1.1.11 Delegation of Authority Provisions of this Ordinance requiring an officer, employee, board or commission to perform an act or duty, shall be interpreted as authorizing the referenced officer, employee, board or commission to delegate that responsibility to others over whom they have authority. 1.1.12 Headings and Illustrations Headings and illustrations contained herein are provided for convenience and reference only and do not define or limit the scope of any provision of this Ordinance. In case of any difference of meaning or implication between the text of this Ordinance and any heading, drawing, table, figure, or illustration, the text controls. 1 In 2009 the State of North Carolina enacted nutrient regulations within the Jordan Lake River Basin. The purpose of these regulations was to require nutrient reduction (i.e. phosphorous and nitrogen)as part of development projects requiring a stormwater permit. Ultimately the program was designed to address the impairment of Jordan Lake. Session Law(s) 2015-246 and 2016-94 effectively delayed the implementation of these nutrient reduction standards for parcels within the Cape Fear River Basin to allow State staff to study the issue in greater detail. As a result staff is amending the UDO to eliminate references to our ability to enforce said standards. z Specific language removed due to the delay in the authorization to implement and enforce nutrient regulations within the Cape Fear River Basin, commonly referred to as the 'Jordan Lake Rules'. Orange County, North Carolina-Unified Development Ordinance Page 1-4