Agenda - 09-01-20; 6-a - Unified Development Ordinance (UDO) Text Amendments – Clarification of Setbacks from the West Fork on the Eno Reservoir

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18 33 Craig Benedict said as soon as the reservoir was contemplated, people started subdividing around the lake, as was done at Lake Orange as well. He said during his tenure with the County, staff has had to make determinations that the lots were roughly concurrent with the reservoir, and people want to live next to a future reservoir. He said people can rebuild to the standards of the size of their house. Commissioner Marcoplos asked if a resident has perkable land, can the resident extend the septic, add another bedroom, etc. Craig Benedict there is a four-bedroom maximum. Commissioner Marcoplos asked if anyone will be prevented from replacing a septic system. Craig Benedict said no, everyone can replace the septic system, as long as it meets Health Department standards. Commissioner Marcoplos asked if the reservoir would impact the issue of a septic system meeting Health Department standards. Craig Benedict said it would be the same standard as if it were next to a reservoir, or not, except the resident would have to work with the Planning Department to find out which location is best. He said around Lake Orange, there are one or two cases where a resident cannot fit a septic field, because of the land size, and there are other devices that are approved by the State, which can replace the normal, conventional septic system. Commissioner Marcoplos asked if there is anything Hillsborough could have done to make this process better from the beginning. Craig Benedict said that is conjecture. He said reservoirs are rarely built, but when they are it is rare for excess land to be purchased. He said his reading of the issue is that they do not purchase out to 300-feet beyond where the water level will be. He said if the Town had purchased out that far, then all lands would have been unencumbered by the setbacks, but this is not the County's standard to take a look at. Marie Strandwitz, Utilities Director for Town of Hillsborough, said she appreciated the staff presentations. She said it is her understanding that the Town planned the reservoir starting around 1993. She said the Town started acquiring properties, and is some cases there was condemnation, and other times the Town was able to negotiate successfully for the land. She said the permit from the Corps was issued in the fall of 1997, or early 1998, which consisted of both phases. She said the Town had the foresight to see that it would need more water one day, and the permit from the Corps, and accompanying 401 permit from the State, covered both phases. She said the 1994 date correctly had the 643 elevation based on the datum used by surveyors at that time. She said since 1994, the UDO has stated the correct phase 2 elevation (or expansion), and to get to this point the Town has conducted public hearings, and all the property owners around the reservoir boundary, at that time, were notified. She said anyone who had purchased a property since that time has been subject to the set back that already exists in the UDO. She said she does not know if realtors have communicated this information to the property owners at time of purchase. She said expansion of phase 2 physically started in 2018, as the permit from the Corps was set to expire. She said the Town did not need the extra water at that time, but as the permits are difficult to obtain, the Town chose to move forward with the phase 2 expansion. She said the raising of the damn structure has been completed, as well as the clearing around the damn structure. She said the Town has approved for its Manager to sign the contract to raise the surrounding roads, which is the last piece of the puzzle before the Town can start letting the reservoir fill to its new level, which is contour 642.2, according to the new survey datum of NAV❑ 88. Marie Strandwitz referred to the question about fishing and hunting, and said as part of the state mitigation, the Town is to put the area around the reservoir in a conservation easement. She said she has seen documents that state the Town has bought all the necessary