ATTACHMENT 4

Summary of

AGREEMENTS AND PLANS 

Prepared by Chapel Hill Planning Department

 September, 2005

The following section sets out the planning and policy background for consideration of this matter:

Joint Planning Agreement (1987 as amended):

The Joint Planning Agreement defines the Rural Buffer as an area which “is rural in character and which will remain rural, contain low-density residential uses and not require urban services (public utilities and other town services).”

Water and Sewer Management, Planning and Boundary Agreement:

In November 2001, the Water and Sewer Management, Planning and Boundary Agreement was incorporated into the Joint Planning Agreement. The purposes of the agreement include: to provide a system of service areas for future utility development and interest areas for dealing with private water and waste water system problems in areas without public water and sewer service, and to provide limitations on water and sewer service in certain areas as defined. Please see attached agreement (Attachment 5).

Section III of the Agreement “Definitions” defines the OWASA Long-Term Interest Area as: “An area within which water and or sewer service is not anticipated to be made.”

Section III also defines Essential Public Facility as: “A publicly-owned facility, or a facility wholly financed by Federal, State or local government (or a combination thereof) that provides a service for the health, safety and general welfare of County residents (for example, a school, fire station, public safety substation or solid waste convenience center).”

Section VI of the Agreement “Limitations on Service” defines “Prohibitions and Limitations on Extension (of services) Into Interest Areas. Its states that: “The development of land within interest areas is not projected to occur at urban densities, and therefore public water and sewer service will be prohibited in the areas except as provided in the agreement.” Provisions include adverse health conditions and siting of essential public facilities, particularly schools.

 Subsection E of Section VI page 13 allows for the “Siting of Essential Public Services Within Interest Areas” and states that:

“Publicly owned facilities other than a public school shall be located in a manner that promotes the orderly provision of water and sewer service. The preferred method of connection is to lines that already exist, or in a manner that would minimize the need to extend lines.”

Town of Chapel Hill Comprehensive Plan (May 2000):

Chapel Hill’s Comprehensive Plan is consistent with the agreements outlined above. The Comprehensive Plan identifies an Urban Services Boundary within which urban services are currently available or will be provided in the future; it includes the existing urban area and adjacent transition area which is in the process of changing from rural to urban land uses. Within the boundary, development would occur at urban densities and be served by public utilities (water and sewer). Outside of the Urban Service Boundary, land is intended to remain rural in character, containing low density residential uses (one unit per two acres) and not require urban services (water and sewer). The property lies next to, but outside of the Urban Services Boundary.

Joint Planning Land Use Plan (1986 amended 10-1-03):

The Joint Planning Land Use Plan identifies the property as Rural Buffer. Eight categories of land use have been depicted on the land use plan. These include Resource Protection Areas, Public-Private Open Space Areas, Agricultural Areas, Rural Residential Areas, Retail Trade Areas, Extractive Uses, and the overlay category designated University Lake Watershed Area. The Joint Planning Land Use Plan is the operative land use plan for this location.

OWASA Policy on the Extension of Water and Sewer Services (March 1990):

The OWASA policy includes the provision that the extension of water and sewer service from the OWASA system shall reflect the principals and policies of the land use plans of respective local government units and be in accordance with other policies of the Board of Directors.

Orange County Water and Sewer Policies:

Current Orange County Policy is to approve water and sewer extensions generally only to recognized Transition Areas, and, outside of Transition Areas, to approve extensions of water and sewer systems only to provide service to an essential public facility, such as a school, or to remedy a public health emergency, such as a failing septic tank or a failing package treatment plant.

Zoning Administration:

Within the Rural Buffer the Orange County Zoning Ordinance is in effect and zoning administration is the responsibility of Orange County. The development of a “Government Facility or Office Building” is a permitted use.

Carrboro Joint Development Review Area:

The property is located in the Chapel Hill Joint Development Review Area. Whenever Orange County receives an application for a development permit relating to land in the Chapel Hill Joint Development Review Area it shall forward copies of the application to Chapel Hill for review.