TITLE: Title
Public Hearing on Land Use Ordinance Amendments to Clarify Requirements for Exempt and Allowable Activities Related to Utilities in Water Quality Buffers
PURPOSE: The purpose of this item is for the Board of Aldermen to consider amending the Land Use Ordinance to clarify exempt and allowable activities for disturbance associated with utilities in water quality buffers. The Board must receive public comment before taking action on the draft ordinance.
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DEPARTMENT: Planning
CONTACT INFORMATION: Randy Dodd (919) 918-7326; Christina Moon (919) 918-7325
INFORMATION: Comprehensive revisions to the Town's stream buffer provisions were adopted in 2009. Included in the revisions was Section 15-269.5 defining exempt and allowable activities. This section is largely composed of a detailed table of activities, including activities associated with utilities (both electric and non-electric). Staff have been reviewing and implementing this section of the ordinance subsequent to these revisions, and have identified some modifications to the table of activities that can clarify these requirements for staff and regulated parties regarding the details of installation and maintenance of utilities in buffers. The proposed changes are intended to continue to allow these activities in buffers, while providing additional protection related to utility infrastructure planning, design, installation, and maintenance activities.
The draft ordinance was presented at the joint advisory board review meeting on February 6, 2014, and submitted to Orange County; comments are provided (Attachment C). Town staff have also shared the proposed changes with OWASA staff and with the North Carolina Department of Environment and Natural Resources (DENR). Comments from OWASA including Town responses are also provided (Attachment D). Staff will provide a brief summary of conversations with staff from DENR as part of the presentation.
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