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15 <br /> This the 16th Day of October 2018. <br /> 5. Public Hearings <br /> a. Unified Development Ordinance (UDO) Text Amendments — Enforcement of <br /> Nutrient Standards within the Jordan Lake Watershed <br /> The Board considered holding a public hearing and receiving the Planning Board <br /> recommendation for UDO text amendments. <br /> Michael Harvey, Current Planning and Zoning Supervisor, presented this item: <br /> PURPOSE: To hold a public hearing, receive Planning Board recommendation, and take action <br /> on a Planning Director initiated Unified Development Ordinance (UDO) text amendment. <br /> Specifically the amendments eliminate existing nutrient regulations for parcels within the Cape <br /> Fear River Basin consistent with a 2017 State law adopted by the legislature eliminating local <br /> governments' ability to implement/enforce same to allow for additional study and evaluation. <br /> The amendment package also seeks to update references to various State agencies and <br /> regulations consistent with the aforementioned law. <br /> BACKGROUND: Orange County currently regulates `water quantity' (i.e. how much water is <br /> leaving a parcel) for non-agricultural land disturbing activities under the general oversight of the <br /> North Carolina Department of Environmental Quality (DEQ) as part of its erosion and <br /> sedimentation control program. <br /> Enforcement of`water quality regulations' (i.e. reducing the amount of nutrients) is addressed <br /> through the County's stormwater management program which reduces pollution (i.e. nitrogen <br /> and phosphorus) within established river basins. This includes parcels located within the Cape <br /> Fear River Basin (hereafter `the Basin'). Nutrient reduction strategies became effective at the <br /> State level on August 11, 2009 and were incorporated into the UDO in 2012. <br /> Please refer to Attachment 1 for a map denoting the location of river basins/watershed overlay <br /> districts located within the county. <br /> In 2017 the General Assembly chose to delay the implementation/enforcement of nutrient/water <br /> quality regulations for parcels within the Basin to allow for additional study. As a result, local <br /> governments lost the ability to implement/enforce same. <br /> Analysis: As required under Section 2.8.5 of the UDO, the Planning Director is required to: `... <br /> cause an analysis to be made of the application and, based upon that analysis, prepare a <br /> recommendation for consideration by the Planning Board and the Board of County <br /> Commissioners'. <br /> The amendments are necessary to bring the UDO into alignment with current DEQ regulatory <br /> requirements related to the implementation/enforcement of nutrient reduction strategies within <br /> the Basin. As previously indicated the County no longer has the legal authority to implement and <br /> enforce same. This amendment does not impact the enforcement of nutrient reduction <br /> strategies within the Neuse River Basin or impact the enforcement of water quantity standards <br /> (i.e. how much water is leaving a parcel) throughout the county. <br /> A copy of the proposed text amendment in contained within Attachment 4. <br />