AGENDA #4h
MEMORANDUM
TO: Mayor and Town Council
FROM: W. Calvin Horton, Town Manager
SUBJECT: Joint Planning Agreement Amendment (JPA-1-02) - Linkage of the Water and Sewer Management, Planning and Boundary Agreement with the Joint Planning Agreement
DATE: May 29, 2002
The attached resolution would approve a proposed amendment to the Joint Planning Agreement to link the Water and Sewer Management, Planning and Boundary Agreement with the Joint Planning Agreement.
On November 2, 1987, the Orange County Board of Commissioners, the Carrboro Board of Aldermen, and the Chapel Hill Town Council executed a Joint Planning Agreement. The execution of this Agreement followed a decade of discussions about how to best plan for and manage growth in the areas immediately outside the municipal boundaries of Chapel Hill and Carrboro. Authority to execute the agreement was achieved through passage of special enabling legislation by the North Carolina General Assembly. The Agreement has been amended three times.
In December 1993, a task force composed of elected officials and staff from Orange County, Chapel Hill, Carrboro, Hillsborough, and OWASA began working on a Water-Sewer Boundary Agreement. The Board of County Commissioners on December 3, 2001 adopted the Agreement in its final form. The Water-Sewer Boundary Agreement sets forth many aspects of water and sewer provision by identifying responsible entities/providers, extension policies and locational boundary issues. The Agreement was structured so it could be incorporated into the Joint Planning Agreement.
DISCUSSION
On April 17, 2002, a Joint Planning Public Hearing was held to receive public comment on the proposed amendments. No public comments were received. Elected officials discussed an additional idea – the concept of an exception for schools in the rural buffer where certain criteria are met. The Chair of the Orange County Board of Commissioners suggested adding this topic for future discussion to the agenda of the School Facilities Task Force set up by Orange County.
Linking the Water-Sewer Boundary Agreement with the Joint Planning Agreement is part of an overall strategy to align local government land use decisions with public water and sewer service areas. The Water and Sewer Management, Planning and Boundary Agreement establishes service areas for providers in Orange County. The map in the Agreement is identical to the Town’s Urban Services Area shown on the 2000 Comprehensive Plan. Linking the Water-Sewer Boundary Agreement with the Joint Planning Agreement will strengthen existing provisions in the Joint Planning Agreement prohibiting the extension of public services (water and sewer) into the Rural Buffer.
One way to accomplish the linkage is for the Joint Planning Agreement to be amended to include by reference, the adopted Water-Sewer Boundary Agreement. This action would incorporate the Water-Sewer Boundary Agreement into the Joint Planning Agreement, thus formalizing its provisions as land use planning requirements that have the effect of law. The Water-Sewer Boundary Agreement already references the Joint Planning Agreement in Section II.H.
Proposed amendments to the Joint Planning Agreement include:
1. The addition of the word “LINKAGE” at the end of ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE;
2. The inclusion of a new Section 1.4 entitled “Linkage with the Water and Sewer Management, Planning and Boundary Agreement;” and
3. The incorporation of Appendix A, the map entitled Water and Sewer Management Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement.
Proposed text amendments are depicted in bold underline in the attachment to the Joint Planning Public Hearing agenda item (see Attachment 1).
NEXT STEPS
In order for these amendments to become effective, they must also be adopted by the Carrboro Board of Aldermen and the Orange County Board of Commissioners. The Carrboro Board of Aldermen is scheduled to consider the amendments on June 4, 2002, with consideration by the Orange County Board of Commissioners on June 27, 2002.
Planning Board Recommendation: On May 7, 2002, the Planning Board unanimously recommended approval of the proposed amendments to the Joint Planning Agreement (see attached Summary of Planning Board Action.)
Manager’s Recommendation: We recommend the Town Council adopt the attached resolution, approving the proposed amendments to the Joint Planning Agreement to link the Water and Sewer Management, Planning and Boundary Agreement with the Joint Planning Agreement.
1. Joint Planning Public Hearing Agenda Item, April 17, 2002 (p. 4).
2. Planning Board Summary of Action (p. 16).
A RESOLUTION AMENDING THE JOINT PLANNING AGREEMENT TO LINK THE WATER AND SEWER MANAGEMENT, PLANNING AND BOUNDARY AGREEMENT TO THE JOINT PLANNING AGREEMENT (2002-05-29/R-7)
WHEREAS, Orange County, the Town of Chapel Hill, and the Town of Carrboro entered into a Joint Planning Agreement, dated September 22, 1987, as amended; and
WHEREAS, Carrboro, Chapel Hill, Hillsborough, Orange County and OWASA worked for a number of years toward developing a Water and Sewer Management, Planning and Boundary Agreement, and the Orange County Board of Commissioners adopted the Agreement in its final form on December 3, 2001;
NOW, THEREFORE, BE IT RESOLVED by the Council of the Town of Chapel Hill that the Council approves the following amendments to the Joint Planning Agreement:
1) Amend Article 1 to read:
ARTICLE 1. PURPOSE, DEFINITIONS, EFFECTIVE DATE, LINKAGE
2) Add Section 1.4 to read:
Section 1.4 Linkage with the Water and Sewer Management, Planning and Boundary Agreement
The Water and Sewer Management, Planning and Boundary Agreement (hereinafter WSMPBA) is incorporated into this agreement by reference. A copy of the WSMPBA is exhibit B to this agreement. Termination of the WSMPBA does not terminate this agreement. The withdrawal by a party from the WSMPBA does not constitute withdrawal from this agreement. Termination of this agreement or withdrawal from this agreement can only be accomplished as provided in this agreement.
3) Incorporate Appendix A, the map entitled Water and Sewer Management, Planning and Boundary Agreement, as Exhibit B to the Joint Planning Agreement.
BE IT FURTHER RESOLVED that the Council authorizes the Manager to transmit this resolution to Orange County for consideration by the Orange County Planning Board and Orange County Board of Commissioners.
BE IT FURTHER RESOLVED that the Council authorizes the Mayor to execute, on behalf of the Town, these amendments to the Joint Planning Agreement.
This resolution shall become effective upon adoption by the governing bodies of Orange County, Chapel Hill and Carrboro.
This the 29th day of May, 2002.