Agenda - 10-03-2022; 5-a - Unified Development Ordinance (UDO) Text Amendments – Erosion & Sedimentation Control (E&SC) and Stormwater Management

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159 DRAFT 1 MEETING MINUTES 2 ORANGE COUNTY PLANNING BOARD 3 SEPTEMBER 7,2022 4 REGULAR MEETING 5 6 MEMBERS PRESENT: Lamar Proctor(Vice-Chair), Cheeks Township Representative; David Blankfard, Hillsborough Township 7 Representative; Statler Gilfillen, Eno Township Representative;; Beth Bronson,At-Large Representative; Randy Marshall,At- 8 Large Representative; Susan Hunter, Chapel Hill Township Representative;Whitney Watson,At-Large Representative; Charity 9 Kirk, At-Large Representative; Delores Bailey,At-Large Representative; Steve Kaufmann, Bingham Township Representative 10 11 MEMBERS ABSENT: Adam Beeman (Chair), Cedar Grove Township Representative; Melissa Poole, Little River Township 12 Representative; 13 14 STAFF PRESENT: Cy Stober, Planning & Inspections Director; Chris Sandt, Staff Engineer; Tina Love,Administrative Support 15 16 AGENDA ITEM 1: CALL TO ORDER AND ROLL CALL 17 Vice-Chair Lamar Proctor called the meeting to order. 18 19 *********************************************** 20 21 22 AGENDA ITEM 7: UNIFIED DEVELOPMENT ORDINANCE(UDO)TEXT AMENDMENTS—EROSION&SEDIMENTATION CONTROL, 23 STORMWATER AND PERFORMANCE GUARANTEE PROVISIONS—To make a recommendation to the BOCC on 24 proposed amendments to the UDO pertaining to provisions for erosion &sedimentation control, stormwater, 25 and performance guarantees. This item was introduced at the August 4, 2021 ORC meeting, reviewed at the 26 May 4,2022 Planning Board meeting and is scheduled for BOCC public hearing on October 3, 2022 27 PRESENTER: Chris Sandt, Staff Engineer 28 29 Chris Sandt reviewed the item and presented a short PowerPoint Presentation then answered questions. 30 31 Beth Bronson: So there is no easement over stormwater runoff on private property if it is included within the plan? 32 33 Chris Sandt: We do require easements and as part of the Stormwater Management Plan (SMP)approval, staff ensures the 34 developer has recorded an access easement to get to the Stormwater Control Measure (SCM). There is a difference between 35 us being able to access it to inspect it or going and actually making improvements on private property without the proper legal 36 instruments in place. 37 38 Cy Stober: Stormwater performance is arguably covered by a potential Notice of Violation (NOV) item that we could enforce 39 through the enforcement tools of Article 8 as an agreement because we will have an agreement with that device holder. We will 40 have legal enforcement tools to address it. They are more protracted and less immediate than what would be allowed under a 41 maintenance guarantee but the maintenance guarantees and the long-term holding of assurity of some form presents 42 challenges for the legal department, the planning department but also the finance department. We are pursuing that. It is 43 largely dealt with in general statute by watershed protection rules as opposed to the erosion and sediment control statutes and 44 the stormwater statutes. We also have to open a different can of worms to start addressing that but we can continue enforcing 45 them under Article 8 and we will. 46 47 Lamar Proctor: Where it says it will eliminate County requirements for Stormwater Control Measure maintenance guarantees, is 48 that eliminated from the UDO? 49 50 Chris Sandt: The existing LIDO has a reference to maintenance securities for SCMs but there isn't much meat to it and it was 51 causing a lot of confusion. It was put in the UDO back in 2012, 1 believe, and was kind of a placeholder. It wasn't being 52 enforced as well as it should have been because of the logistics of managing that money, there isn't enough staff to do that. 53 We've essentially removed that reference to the SCM maintenance guarantee. It will no longer be in the LIDO. 54 55 Lamar Proctor: I understand, that would be a complicated issue to hold money or bond. 56