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Agenda - 05-15-2001-9c
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Agenda - 05-15-2001-9c
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Last modified
4/22/2013 12:40:31 PM
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BOCC
Date
5/15/2001
Document Type
Agenda
Agenda Item
9c
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Minutes - 05-15-2001
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Path:
\Board of County Commissioners\Minutes - Approved\2000's\2001
RES-2001-059 Resolution to Deny The McGowan Creek Subdivision Preliminary Plan
(Linked From)
Path:
\Board of County Commissioners\Resolutions\2000-2009\2001
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I to existing sewer systems. The County Commissioners will be setting up the specific rules for the extension of <br />2 the sewer system in Efland.. <br />3 <br />4 Allison asked if anything had changed from when the concept plan was approved. Benedict said that in the <br />5 preliminary plat submission, it asked for a certification from the utility provider that sewer would be given. <br />6 Through the preliminary plan process, it was uncovered that verification of the availability of sewer is not the <br />7 same as a certification that a sewer system will be assigned for that speck property. <br />8 <br />9 Allison asked how the Planning Board was going to address other situations like this in Efland. Benedict said <br />10 that the meeting on March 20th would. address a lot of these issues. He said that it makes sense to have sewer <br />11 systems where there are public water systems already in place. <br />12 <br />13 Allison asked if Benedict was suggesting a moratorium of development in Efland and Benedict said no. He said <br />14 that, if a project of this type were going to proceed, the developer would have to ask the Board of County <br />15 Commissioners if they are willing to service with a public sewer system. <br />16 <br />17 Chair Gooding -Ray made reference to the Water and Sewer Policy for Orange County and asked for <br />18 clarification on extending sewer services outside of the transition area. Benedict said that sewer services could <br />19 not be extended outside of the transition area unless the Comprehensive Plan was changed. <br />20 <br />21 Woods made reference to the Upper Eno planning document and asked if this plan conformed to the provisions <br />22 as part of the Upper Eno sustainable planning area. Benedict showed the Upper Eno area on a map. He said <br />23 that the Commissioners want to make sure that there are edges of an urban growth boundary so that urban and <br />24 rural development is clearly separated. He said that the Efland Small Area plan, which includes the Buckhorn <br />25 EDD, was developed in 1995 and was anticipated for a water and sewer system. At this time, Orange- Alamance <br />26 does not have the capacity or the pressure to service the area, so there would be no reason for the County to <br />27 service that economic development area with sewer if there is no public water. <br />28 <br />29 Holtkamp made reference to the letter of February 27, 2001 from Efland LLC and asked if the County Attorney <br />30 had responded. Benedict said that the County Attorney had not responded. She asked and Benedict clarified <br />31 that the letter from County Engineer Paul Thames said that sewer was only available and that it was not a <br />32 certification of sewer'services. Benedict said that the letter from Paul Thames was incorrect in that this entire <br />33 property is not within the transition area. (It is not known if Paul Thames was referring to the entire tract now in <br />34 question or a portion of the subject tract. <br />35 <br />36 Holtkamp verified that the burden was on the developer to apply to the Commissioners to get a sewer <br />37 agreement. <br />38 <br />39 Benedict reiterated that the letter from the County Engineer was not a certification from the utility provider of <br />40 Orange County or a certification that an agreement has been adopted by both parties. <br />41 <br />42 Schofield asked if Paul Thames would be the appropriate authorizing agent for sewer accessibility if this area <br />43 had a master plan in place. Benedict said that a certain part of the process, if there was a master plan, was that <br />44 the County Engineer might be able to move the certification process farther along. The final certification is <br />45 when Orange County signs a document that sets forth the, obligations of them as the utility provider, and the <br />46 applicant signs a sewer agreement. <br />47 <br />48 Allison said that it was disturbing to him that the developer was surprised at this process at this late stage. He <br />49 said that it seemed that the rules were changed and it is not fair to the developer. He said that there was never <br />50 any discussion with the Planning Board about the need for certification of sewer services. <br />51 <br />52 Holtkamp said that certification of sewer services was not necessary for the concept plan. She does not think <br />53 that the developer has been misled. She said that she was going to make a resolution that the transitional areas <br />
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