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35 <br /> VOTE: UNANIMOUS <br /> 6. Regular Agenda <br /> a. Unified Development Ordinance (UDO) Text Amendments— Clarification of <br /> Setbacks from the West Fork on the Eno Reservoir <br /> The Board considered receiving the Planning Board recommendation and prior public <br /> comment, and consider action on Planning Director initiated Unified Development Ordinance <br /> (UDO) text amendments revising/updating existing guidelines associated with the enforcement <br /> of reservoir setbacks for structures and septic systems. <br /> NOTE: This item was continued on April 7, 2020 to this date due to COVID. Staff(including the <br /> Planning Director) provided requested information to BOCC within a few weeks of the original <br /> item to clarify the amendment. Specifically, the amendment seeks to establish the effective date <br /> for the expansion of the West Fork on the Eno reservoir. If approved, the amendment will create <br /> an exemption for parcels and development (i.e. structures and septic systems) established prior <br /> to the creation/expansion of the reservoir, specifically February 12, 1997. <br /> The amendment also updates existing references to the final normal pool elevation (NPE) of the <br /> reservoir, which according to the Town of Hillsborough is going to be 642 feet. In the summer of <br /> 2019, the Town indicated the NPE for the reservoir was going to be 643.9 feet and staff <br /> proceeded with an amendment based on this information. After being notified of the updated <br /> NPE, the amendment now references a NPE of 642 feet. <br /> Craig Benedict, Planning Director, and Michael Harvey, Current Planning and Zoning <br /> Supervisor, made the following presentation. <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 />