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11 <br /> BACKGROUND: <br /> Section 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts of the UDO <br /> establishes a 150 ft. wide setback around reservoirs. This area is intended to be left in an <br /> undeveloped state. Additionally, Section 4.2.9 Water Supply/Sewage Disposal Facilities of the <br /> UDO establishes a 300 ft. setback for septic tanks from a reservoir. <br /> Section 4.2.2, specifically subsections (F) through (1), of the UDO establishes the applicability of <br /> watershed protection standards including establishing criteria defining those properties <br /> (developed and undeveloped) considered to be `grandfathered' with respect to applicable buffer <br /> (i.e. stream and reservoir) standards. <br /> In the 1990's, the Town of Hillsborough began the necessary permitting processes at the State <br /> level to construct the West Fork on the Eno reservoir within the Cedar Grove Township of the <br /> county. <br /> Work was broken down into two phases, with Phase 1 including the Town purchasing property <br /> to expand the reservoir. The final boundary of the reservoir was established on February 11, <br /> 1997 with the recording of plats within the Orange County Registrar of Deeds Office denoting <br /> the Town's purchase of property along the West Fork of the Eno. Attachment 1 contains maps <br /> of the existing reservoir boundary, based on 2017 aerial photographic data, denoting the <br /> aforementioned 150 ft. (structure) and 300 ft. (septic) setback areas. <br /> Phase 2 of the project involves the actual clearing of property and expanding the existing NPE <br /> of the reservoir. The Town has already begun Phase 2 of the project, including land clearing <br /> and increasing the elevation of the dam. <br /> While the Town purchased sufficient property to accommodate the approved expansion of the <br /> actual reservoir, the required reservoir setback could still potentially impact adjacent parcels of <br /> property. Adjacent property owners have expressed concern the UDO does not specifically <br /> reference the expansion of the reservoir thereby making their properties potentially <br /> nonconforming to applicable watershed management regulations (i.e. required reservoir <br /> setbacks). <br /> In an effort to address this concern, staff proposed a text amendment (Attachment 6) to <br /> reference the expansion of the West Fork on the Eno from the date the Town secured property <br /> allowing for the approved expansion. In consultation with the County Attorney office, staff has <br /> determined this date is February 12, 1997. <br /> While property owners are still required to abide by applicable setbacks per Section(s) 4.2.9 <br /> and <br /> 6.13.4 of the UDO, they will have greater latitude in demonstrating compliance with applicable <br /> standards. This amendment will not necessarily allow for additional development of structures <br /> closer to the actual reservoir. It will, however, recognize the conforming status of existing <br /> development and not arbitrarily make same non-conforming. The status can be important with <br /> respect to property transactions and mortgage applications. <br /> This proposal was reviewed at the November 6, 2019 Ordinance Review Committee (ORC) <br /> meeting. Notes from this meeting are contained within Attachment 2. <br />