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ORANGE COUNTY PLANNING BOARD ORDINANCE REVIEW COMMITTEE ACTION AGENDA ITEM ABSTRACT Meeting Date:November 6, 2019 Action Agenda Item No.3 SUBJECT: Unified Development Ordinance (UDO) Text Amendments – Modification of Regulations Associated with Reservoir Setbacks DEPARTMENT:Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Draft UDO Amendment(s) – Section 4.2.2 2. Aerial Photo of the West Fork on the Eno Reservoir Michael D. Harvey, Planner III (919) 245-2597 Craig Benedict, Director (919) 245-2575 PURPOSE:To begin review of Planning Director initiated Unified Development Ordinance (UDO) text amendments revising existing guidelines associated with the enforcement of reservoir setbacks. Specifically the amendment seeks to formally establish the effective date for the expansion of the West Fork on the Eno reservoir when determining required reservoir setbacks. BACKGROUND: Section 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts of the UDO establishes a 150 ft. wide setback around reservoirs. This area is intended to be left in an undeveloped state. Section 4.2.2, specifically subsections (F) through (I), of the UDO establishes the applicability of the various County watershed protection standards. These sections establish the criteria utilized by staff defining those properties (developed and undeveloped) considered to be ‘grandfathered’ and outlines what standards they are allowed to adhere to with respect to demonstrating compliance with applicable buffer (i.e. stream and reservoir) standards. In the 1990’s The Town of Hillsborough began the necessary permitting processes at the State level to expand its existing reservoir, specifically the West Fork on the Eno, within the Cedar Grove Township of the county. This work has been broken down into 2 phases, with Phase 1 including the Town purchasing property to begin the process of expanding the actual reservoir. At the writing of this memorandum the anticipated normal pool elevation of the expanded reservoir will be 643.9 ft. Attachment 2 contains a map of the existing reservoir boundary based on 2017 aerial photographic data. Phase 2 of the project will involve the actual clearing of property and expanding the existing ‘normal pool’ elevation of the reservoir. The Town has begun portions of Phase 2 of the project by increasing the elevation of the dam. Clearing/grading of property to accommodate the additional water storage will not commence until work on the dam is completed. 15