Agenda - 05-29-2001-6c - Laserfiche WebLink

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~'~~ structures like detention ponds, swales, engineered stormwater devices, etc. to raise impervious surface ratios as opposed to natural BMP's like buffers, trees and grass. While there is no conflict that the purpose of both ordinances is to protect streams and watersheds, the language in the zoning ordinance needs to be clarified. The intent of the restrictive language in the watershed portion of the zoning ordinance is to eliminate the possibility that a development proposal in certain watersheds could increase the impervious surface maximums of the ordinance by using the BMP approach. One reason that the County did not allow watershed BMP's was the State rule that required local governments perform annual inspections and make annual reports to the State on all BMP's. This was an unfunded mandate passed to the local jurisdictions with the potential far State implemented fines on the County for noncompliance by the property owners. Therefore, many jurisdictions, Orange County included, decided to not allow BMP's for increasing impervious surtace ratios. This amendment is to add language in the watershed section of the zoning ordinance that clarifies the apparent conflict with the Neuse River Basin regulations and, at the same time, maintains the current prohibition against BMP's being used to increase impervious surface ratios. FINANCIAL IMPACT: No fiscal impact is associated with this action. RECOMMENDATION(S): Planning Staff recommends Approval of the Zoning Atlas Amendment. Administration recommends referring the amendment to the Planning Board for a recommendation back to the Board of County Commissioners no sooner than August 21, 2001 meeting.