A RESOLUTION directing the Town staff to FURTHER INVESTIGATE AND IDENTIFY THE LEGAL AND OPERATIONAL ISSUES ASSOCIATED WITH CONSTRUCTION OF A STORMWATER MANAGEMENT FACILITY BY A PRIVATE PARTY OR ENTITY WITHIN PUBLIC RIGHT-OF-WAY; AND POSSIBLE STRATEGIES FOR RESOLVING THOSE ISSUES (2007-01-22/R-10)

WHEREAS, the Council of the Town of Chapel Hill is concerned about flooding experienced in the Burning Tree Drive/Pinehurst Drive area; and

WHEREAS, the Council received a petition from Mr. John Mackowiak requesting that he be permitted to construct a stormwater management facility in the Pinehurst Drive right-of-way to mitigate downstream flooding conditions; and

WHEREAS, the Council wishes to consider the petitioner’s request to use the Pinehurst Drive right-of-way for construction of a stormwater management facility;

NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council directs the Manager to have Town staff further investigate and identify the legal and operational issues associated with construction of a stormwater management facility by a private party or entity within public right-of-way; and identify possible strategies for resolving those issues.

This the 22^nd day of January, 2007.