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13 <br /> 1 does not encroach any farther into stream buffers or setbacks from reservoirs <br /> 2 than the previous development. <br /> 3 — Section 4.2.2 (1) Existing Lots - lots legally created prior to the establishment of <br /> 4 the final boundary (i.e. NPE) of a reservoir; <br /> 5 — An `existing lot' qualifies for an administrative waiver where Planning Director, in <br /> 6 consultation with the Health Department, can modify the 300 ft. reservoir setback <br /> 7 for septic systems based on established criteria; <br /> 8 — Amount of encroachment allowed is the minimum that can be obtained while <br /> 9 meeting applicable criteria. <br /> 10 <br /> 11 IMPACTS OF AMENDMENTS: <br /> 12 Clarifies/updates the NPE of the reservoir from 643 ft. to 642 ft. <br /> 13 — This change will result in a reduction of the amount of land area subject to <br /> 14 reservoir setback; <br /> 15 Establishes what constitutes existing development and an existing lot around the <br /> 16 reservoir (i.e. development installed, and lots created, prior to February 12, 1997); <br /> 17 <br /> 18 WHAT THIS AMENDMENT DOES NOT DO: <br /> 19 Condemn or take property; <br /> 20 Establish more restrictive regulations; <br /> 21 — Current regulations do not specifically reference expansion of the West Fork on <br /> 22 the Eno reservoir. <br /> 23 — Staff is currently required to use January 1, 1994 to define existing <br /> 24 development/lots (existing language). <br /> 25 Prevent/restrict property owners from applying for variances from structure/septic <br /> 26 setbacks off of a reservoir; <br /> 27 — Appropriate fees have to be paid. No guarantee request will be approved. <br /> 28 <br /> 29 Staff Findings: <br /> 30 — The amendment addresses existing deficiencies within the UDO referencing <br /> 31 appropriate date for reservoir expansion; <br /> 32 — Provides clear direction on what constitutes existing development and/or lot <br /> 33 around the West Fork on the Eno Reservoir; <br /> 34 — Corrects final NPE of reservoir; <br /> 35 — Provides property owners with definitive information on where required setbacks <br /> 36 are measured from. <br /> 37 <br /> 38 PLANNING BOARD RECOMMENDATION: <br /> 39 — Reviewed item at its February 5, 2020 regular meeting; <br /> 40 — Voted to recommend approval <br /> 41 — STAFF COMMENT: Amendment referenced changing the NPE <br /> 42 for the reservoir from 643 ft. to 643.9 ft. based on data from the <br /> 43 Town; <br /> 44 — Current amendment package corrected to reference the 642 ft. <br /> 45 NPE of reservoir; <br /> 46 — Planning Board does not need to re-review as resulting change <br /> 47 constitutes reduction in the 150 ft. (structure) and 300 ft. (septic) <br /> 48 calculated setback area around the reservoir (i.e. does not create <br /> 49 a more restrictive standard that originally proposed) <br /> 50 <br />