10.5.22 Planning Board Packet - Laserfiche WebLink

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6 DRAFT 57 AGENDA ITEM 6: CHAIR COMMENTS 58 There were none 59 60 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—EROSION&SEDIMENTATION CONTROL, 61 STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS—To make a recommendation to the BOCC on 62 proposed amendments to the LIDO pertaining to provisions for erosion &sedimentation control,stormwater, 63 and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting, reviewed at the 64 May 4,2022 Planning Board meeting and is scheduled for BOCC public hearing on October 3,2022 65 PRESENTER: Chris Sandt, Staff Engineer 66 67 Chris Sandt reviewed the item and presented a short PowerPoint Presentation then answered questions. 68 69 Beth Bronson: So there is no easement over stormwater runoff on private property if it is included within the plan? 70 71 Chris Sandt: We do require easements and as part of the Stormwater Management Plan (SMP)approval,staff ensures the 72 developer has recorded an access easement to get to the Stormwater Control Measure (SCM). There is a difference between 73 us being able to access it to inspect it or going and actually making improvements on private property without the proper legal 74 instruments in place. 75 76 Cy Stober: Stormwater performance is arguably covered by a potential Notice of Violation (NOV)item that we could enforce 77 through the enforcement tools of Article 8 as an agreement because we will have an agreement with that device holder. We will 78 have legal enforcement tools to address it. They are more protracted and less immediate than what would be allowed under a 79 maintenance guarantee but the maintenance guarantees and the long-term holding of assurity of some form presents 80 challenges for the legal department,the planning department but also the finance department. We are pursuing that. It is 81 largely dealt with in general statute by watershed protection rules as opposed to the erosion and sediment control statutes and 82 the stormwater statutes. We also have to open a different can of worms to start addressing that but we can continue enforcing 83 them under Article 8 and we will. 84 85 Lamar Proctor: Where it says it will eliminate County requirements for Stormwater Control Measure maintenance guarantees, is 86 that eliminated from the UDO? 87 88 Chris Sandt: The existing LIDO has a reference to maintenance securities for SCMs but there isn't much meat to it and it was 89 causing a lot of confusion. It was put in the LIDO back in 2012, 1 believe, and was kind of a placeholder. It wasn't being 90 enforced as well as it should have been because of the logistics of managing that money,there isn't enough staff to do that. 91 We've essentially removed that reference to the SCM maintenance guarantee. It will no longer be in the LIDO. 92 93 Lamar Proctor: I understand,that would be a complicated issue to hold money or bond. 94 95 Beth Bronson: If there were to be a change, in NC Statute Article 15 Section 4,since we have to follow the state guidelines, if 96 the state guideline were to be updated past the time your permit is given but construction is not completed, is there any 97 requirement they would have to update those plans based on new information? 98 99 Chris Sandt: One of the key things we've put into this UDO text amendment because of that issue, because the state is 100 constantly updating,we have clarified language within Section 6.14 and 6.15 to defer to the most current general statute. It is 101 worded in a way we won't have to go in and update the UDO every time the state changes terminology or issues a new rule. 102 103 Statler Gilfillen: If a developer has gotten through all the approvals and they start work and the state makes a major change to 104 the laws, is that developer grandfathered in with those approvals or he is bound be the new law that would upgrade it? 105 106 Chris Sandt: That happens a lot in planning. They are grandfathered,you are obligated to meet state rules and regs at the time 107 of submittal. If you want to expand a project then the new work is subject to current rules. 108 109 Whitney Watson: Is there something in the UDO that encourages the use of permeable surface for parking areas. 110 111 Chris Sandt: We accept those types of applications, however,they are kind of treated like an SCM but it has to be designed 112 and sealed by an engineer,you need an operational maintenance agreement—that's the big thing with those types of surfaces,