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11 <br /> 1 2019, the Town indicated the NPE for the reservoir was going to be 643.9 ft. and staff <br /> 2 proceeded with an amendment based on this information. After being notified of the updated <br /> 3 NPE, the amendment now references a NPE of 642 ft. <br /> 4 <br /> 5 BACKGROUND: <br /> 6 Section 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts of the UDO <br /> 7 establishes a 150 ft. wide setback around reservoirs. This area is intended to be left in an <br /> 8 undeveloped state. Additionally, Section 4.2.9 Water Supply/Sewage Disposal Facilities of the <br /> 9 UDO establishes a 300 ft. setback for septic tanks from a reservoir. <br /> 10 <br /> 11 Section 4.2.2, specifically subsections (F) through (1), of the UDO establishes the applicability of <br /> 12 watershed protection standards including establishing criteria defining those properties <br /> 13 (developed and undeveloped) considered to be `grandfathered' with respect to applicable buffer <br /> 14 (i.e. stream and reservoir) standards. <br /> 15 <br /> 16 In the 1990's, the Town of Hillsborough began the necessary permitting processes at the State <br /> 17 level to construct the West Fork on the Eno reservoir within the Cedar Grove Township of the <br /> 18 county. <br /> 19 <br /> 20 Work was broken down into two phases, with Phase 1 including the Town purchasing property <br /> 21 to expand the reservoir. The final boundary of the reservoir was established on February 11, <br /> 22 1997 with the recording of plats within the Orange County Registrar of Deeds Office denoting <br /> 23 the Town's purchase of property along the West Fork of the Eno. Attachment 1 contains maps <br /> 24 of the existing reservoir boundary, based on 2017 aerial photographic data, denoting the <br /> 25 aforementioned 150 ft. (structure) and 300 ft. (septic) setback areas. <br /> 26 <br /> 27 Phase 2 of the project involves the actual clearing of property and expanding the existing NPE <br /> 28 of the reservoir. The Town has already begun Phase 2 of the project, including land clearing <br /> 29 and increasing the elevation of the dam. <br /> 30 <br /> 31 While the Town purchased sufficient property to accommodate the approved expansion of the <br /> 32 actual reservoir, the required reservoir setback could still potentially impact adjacent parcels of <br /> 33 property. Adjacent property owners have expressed concern the UDO does not specifically <br /> 34 reference the expansion of the reservoir thereby making their properties potentially <br /> 35 nonconforming to applicable watershed management regulations (i.e. required reservoir <br /> 36 setbacks). <br /> 37 <br /> 38 In an effort to address this concern, staff proposed a text amendment (Attachment 6) to <br /> 39 reference the expansion of the West Fork on the Eno from the date the Town secured property <br /> 40 allowing for the approved expansion. In consultation with the County Attorney office, staff has <br /> 41 determined this date is February 12, 1997. <br /> 42 <br /> 43 While property owners are still required to abide by applicable setbacks per Section(s) 4.2.9 <br /> 44 and <br /> 45 6.13.4 of the UDO, they will have greater latitude in demonstrating compliance with applicable <br /> 46 standards. This amendment will not necessarily allow for additional development of structures <br /> 47 closer to the actual reservoir. It will, however, recognize the conforming status of existing <br /> 48 development and not arbitrarily make same non-conforming. The status can be important with <br /> 49 respect to property transactions and mortgage applications. <br /> 50 <br />