Planning Board agenda 060519 - Laserfiche WebLink

Browse Search

D R A F T impaired wells need to contact the Orange County health department and address those issues regardless of 605 whether this development is or is not approved. If there are issues with wells that were installed inconsistent with 606 current regulations due to when they were installed, they may need to be redrilled. That is a reality for a county that 607 is going to rely on individual wells and septic systems to address potable water and the treatment of waste water. 608 With respect to stormwater, developers are required to post sureties to deal with pre and post construction issues. 609 As a developer is constructing the stormwater features for this project, he is obligated and required by the ordinance 610 to post a bond with Orange County erosion control engineering division to ensure those stormwater features are611 installed per an approved plan. The second thing to keep in mind is that the developer is responsible for posting 612 what is known as a maintenance bond that exists in perpetuity. As the Home owner’s association assumes the 613 responsibility for maintenance of the stormwater on site they’re obligated to submit biannual reports demonstrating 614 the viability and continued effectiveness of the stormwater feature because that is the required under the UDO and is 615 part of the requirement of ensuring the perpetual responsibility for maintenance of the stormwater system. If they fail 616 in their obligations to maintain the system, we (the County) cash in the bond and bring the feature back into 617 compliance with applicable standards. Local home owner’s associations are obligated by an operations and 618 maintenance plan that is approved (by the County) to abide by the perpetual maintenance and up keep of the 619 stormwater feature. That includes individual property owners who have to get stormwater features on their property 620 to support development of their lot. You are looking at two different systems, the communal system and systems per 621 individual lot. There are mechanisms in place to address concerns over stormwater. As it relates to well and septic 622 or specifically a well, if you already have impaired wells in the area, prior to this development coming online, it’s going 623 to be difficult for the County or the resident’s to prove it’s Fairway Hills that created the problem. I also think that if 624 Fairway Hills were somehow required to go test wells on adjacent parcels, and if the wells are contaminated and 625 have to be condemned, what happens then? The project is not built and the applicant is not responsible for the 626 damage. There is a lot of talk about what liabilities the developer should accept in order to get this project approved. 627 My problem is that if there are already well issues, the liability falls to the current property owner and the applicant for 628 Fairway Hills should not be expected to fix wells that are already broken.629 630 Hathaway Pendergrass: You mentioned that in conjunction with the stormwater requirements I think that is what we 631 were talking about earlier. 632 633 Michael Harvey: I think that one of the things that you had expressed interest in is to make a recommendation that 634 the developers’ commit to following to ……. adhering to low impact design practices for stormwater features if the 635 County Commissioners see fit to approve this project. Staff suggested that language be included within the 636 resolution of approval to compel the developer to abide by the various practices he identified during the preliminary 637 plat review articulated in his PowerPoint. You can piece meal this to say your first motion is to say that regardless of 638 what else happens, you are recommended that the developer be held to his offer to incorporate low impact design 639 elements consistent with his presentation at this Planning Board meeting. 640 641 MOTION by Hunter Spitzer to adopt Michael’s statement to require that the developer utilize the low impact design 642 elements he has recommended. Randy Marshall: Seconded.643 VOTE:9-1 Passed; (Piracci)644 645 Kim Piracci: Well, I understand he was going to do that anyway. He was talking about low impact strategies anyway,646 so this is almost like going through the motions of something that was already there. 647 648 David Blankfard: This is more of making sure that they were going to do it. 649 650 Kim Piracci: They were going to do it. 651 652 David Blankfard: They weren’t required to do it. 653 654 Kim Piracci: That’s what they were talking about. They were planning to do it.655 656 David Blankfard: Right, and this way it’s written down that they are going to do it. 657 658 16