AGENDA #3
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Water-Sewer Provisions: Land Use Management Ordinance Text Amendment
DATE: September 15, 2003
This Public Hearing has been called to consider changes to regulations in Chapel Hill’s Land Use Management Ordinance regarding a requirement within the Urban Services Boundary that no Zoning Compliance Permit or Building Permit can be issued for development unless that development would be served by public water and sewer.
The Town Council enacted a new Land Use Management Ordinance on January 27, 2003. The Council directed the Town Manager, when it enacted the new Ordinance, to be on the lookout for unintended consequences of new regulations. The Council asked that we keep a file of possible ordinance adjustments to report on this fall, and that we bring any serious problems to the Council’s attention immediately.
We received messages and expressions of concern during the week of June 9 about how the new Land Use Management Ordinance regulates development in areas that are within the Urban Services Area, but for which public water and sewer service is not readily available. The new ordinance, enacted January 27, 2003, states that, “no Zoning Compliance Permit or building permit shall be issued for any structure within the Town’s Urban Services Area, absent evidence that the structure can be served by public water and sewer facilities.” Examples of situations that have come up are proposals for an addition in the Northwood neighborhood and a deck in the Dogwood Acres neighborhood. Houses in both neighborhoods are served by individual septic systems. A copy of the related Administrative Policy, dated June 13, 2003, is attached.
DISCUSSION
We believe that the intent of the water-sewer requirement is to accomplish two objectives: avoid adding new septic systems within the Urban Services Boundary (an area ultimately to be served completely by public water and sewer lines); and minimize development on lots that exist today, undeveloped, but which were platted decades ago without construction of streets or utilities.
As implementation of the new Land Use Management Ordinance has gone forward, we have found circumstances where application of the new rules produce results that may not be desirable. We believe that this is one such example. We believe the Northwood and Dogwood Acres cases offer useful illustrations: it does not seem reasonable that a homeowner would be prohibited from adding a bathroom to a house for reason of being on a septic tank rather than connected to public sewer. One of the Council’s guiding principles in enacting the new Land Use Management Ordinance was to “grandfather” existing development.
We believe that it would be reasonable to apply that approach here, and include language in the Land Use Management Ordinance that makes it clear that the restriction does not apply to development that existed on the date of enactment of the new regulations.
RECOMMENDATIONS
Planning Board Recommendation: The Planning Board discussed the proposed text amendment on September 2, 2003, and voted 9-0 to recommend approval. Please see the attached Summary of Planning Board Action.
Manager’s Preliminary Recommendation: We recommend that the Town Council enact the attached Ordinance which would allow development existing on January 27, 2003, to expand regardless of whether or not the development is connected to public sewer service, subject to County Health Department approval.
ATTACHMENTS
ORDINANCE
AN ORDINANCE AMENDING THE CHAPEL HILL LAND USE MANAGEMENT ORDINANCE to allow expansion of existing development without connection to public sewer service
WHEREAS, the Council of the Town of Chapel Hill has been concerned about the impact of water-sewer requirements on the possibilities for expansion of existing development;
NOW, THEREFORE, BE IT ORDAINED by the Council of the Town of Chapel Hill as follows:
All development within the boundaries of Chapel Hill’s Urban Services Area, as defined in the Comprehensive Plan, shall be served by a public water supply and a public sanitary sewer system. No Zoning Compliance Permit or building permit shall be issued for any structure within the Town’s Urban Services Area (as defined in the Comprehensive Plan), absent evidence that the structure can be served by public water and sewer facilities. Existing development not served by public water and sewer shall not be considered as nonconforming within the meaning of Article 7 of this Chapter. Provided however that permits may be issued to authorize the reconstruction, rehabilitation, renovation, or expansion of a development existing on or before January 27, 2003, whether or not such development is served by a public water supply and a public sanitary sewer system, subject to applicable regulations, including demonstration of compliance with County Health Department regulations.
Section 2. That all ordinances and portions of ordinances in conflict herewith are hereby repealed.
Section 3. That these amendments shall become effective upon adoption.
This the __ day of _____, 2003.