Agenda - 08-21-2001-8b - Laserfiche WebLink

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14 a. Impervious Structure and Detention Pond Requirements 1) Residential Development 2) Non-Residential Development 4 5 Robert Davis made this presentation. 6 7 BACKGROUND: 8 Both the Stonnwater Management Program for Lands within the Neuse River Basin and the Orange County 9 Zoning Ordinance have requirements for Best Management Practices. The BMP's in both cases are intended to 10 reduce the negative environmental effects of development on the streams and water supplies within North 11 Carolina. The slight variation in the definition of the term Best Management Practice in the two ordinances is 12 highlighted in italics below: 13 14 Zonin Ordinance Definition: A structural or non-structural management-based practice used singularly or 15 in combination to reduce non-point source pollution to receiving waters in order to achieve water quality lb protection goals. (See also, Detention Pond and Engineered Stormwater Controls) (Unless otherwise 17 specified, "BMP", when used in this Ordinance, refers to structural BMP's.) 18 19 Neuse River Basin Definition: A structural or non-structural management-based practice used singularly or 20 in combination to reduce non-point source inputs to receiving waters in order to achieve water quality 21 protection goals. 22 23 The Neuse River Basin regulations specify that BMP's shall be implemented to reduce negative inputs (i.e. 24 nitrogen) into the streams. The zoning ordinance specifies that BMP's cannot be used to satisfy watershed 25 requirements for most residential development and most non-residential development. The zoning ordinance 26 language is intended to prohibit use of manmade structures like detention ponds, swales, engineered stormwater 27 devices, etc. to raise impervious surface ratios as opposed to natural BMP's like buffers, trees and grass. 28 29 While there is no conflict that the purpose of both ordinances is to protect streams and watersheds, the language 30 in the zoning ordinance needs to be clarified. The intent of the restrictive language in the watershed portion of 31 the zoning ordinance is to eliminate the possibility that a development proposal in certain watersheds could 32 increase the impervious surface maximums of the ordinance by using the BMP approach. One reason that the 33 County did not allow watershed BMF's was the State rule that required local governments perform annual 34 inspections and make annual reports to the State on all BMP's. This was an unfunded mandate passed to the 35 local jurisdictions with the potential for State implemented fines on the County for noncompliance by the 36 property owners. Therefore, many jurisdictions, Orange County included, decided to not allow BMP's for 37 increasing impervious surface ratios. 38 39 This amendment is to add language in the watershed section of the zoning ordinance that clarifies the apparent 40 conflict with the Neuse River Basin regulations and, at the same time, maintains the current prohibition against 41 BMP's being used to increase impervious surface ratios.' 4z 43 Development Process. Schedule. and Action 44 • First Action: Public Hearing held on May 29, 2001; item referred to Planning Board. 45 Second Action: Planning Board to take action within two regularly scheduled Planning Board meetings, or 46 extension thereof; or if the Planning Board fails to act within the specified time period, application 47 forwarded to 8000 with Planning Board minutes and Planning Staff recommendations and conditions. 48 Third Action: BOCC to make decision. 49 50 FINANCIAL IMPACT: No fiscal impact is associated with this action. 51 52 RECOMMENDATTON(S): Planning Staff recommends APPROVAL of the attached 53 ordinance.