File #: 14-0070    Version: 1 Name:
Type: Agendas Status: Passed
File created: 2/26/2014 In control: Board of Aldermen
On agenda: 3/4/2014 Final action: 3/4/2014
Title: Continuation of Consideration of 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 continue the discussion from the February 25th public hearing regarding possible amendments to the Land Use Ordinance to clarify exempt and allowable activities for disturbance associated with utilities in water quality buffers.
Attachments: 1. Attachment A-1 - Consistency Resolution for Ordinance Adoption, 2. Attachment A-2 - Consistency Resolution for Ordinance Denial, 3. Attachment B - Revised LUOAmendmentBuffers022614_w ordinance template, 4. Attachment C - Recommendations, 5. Attachment D - OWASA Comments & Responses
TITLE: Title
Continuation of Consideration of 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 continue the discussion from the February 25th public hearing regarding possible amendments to the Land Use Ordinance to clarify exempt and allowable activities for disturbance associated with utilities in water quality buffers.
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DEPARTMENT: Planning

CONTACT INFORMATION: Randy Dodd (919) 918-7326; Christina Moon (919) 918-7325

INFORMATION: At the February 25th public hearing, the Board considered amendments to Section 15-269.5(d) of the Land Use Ordinance, the Table of Exempt and Allowable Activities in Water Quality Buffers. The proposed modifications focus on the footnotes and were designed to provide additional clarity for staff and for regulated parties regarding the details of installation and maintenance of utilities in the 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 referred to Orange County, Town advisory boards, OWASA and the North Carolina Department of Environment and Natural Resources (DENR); comments were provided in the agenda materials. Todd Taylor, the General Manager of Operation for OWASA, requested a change from the proposed language to reword the language in footnote 8 regarding the width of permanently maintained (cleared) areas within OWASA easements as described below:
* Permanently maintained areas will generally not exceed 20 feet in width. Occasional wider widths are allowable to accommodate vehicle turnaround. (language in the draft ordinance dated 2-14-2014)
* Permanently maintained areas will not exceed the width of the easement. Narrower widths are encourage...

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