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LEGISLATIVE RESEARCH CENTER
File #: 25-0224    Version: 1
Type: Agenda Item Status: Board Priorities
File created: 5/2/2025 In control: Planning
On agenda: 5/19/2025 Final action:
Title: Waiver request by SXCW Properties II, LLC to section 7, Water and Wastewater of the Compact Communities Ordinance to allow for an industrial pump and haul option to dispose of wastewater that is not reused in the water reclamation system for Commercial Parcel #93106, Briar Chapel
Indexes: Comp Plan Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed use centers.
Attachments: 1. More information from the Planning department website
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Title

Waiver request by SXCW Properties II, LLC to section 7, Water and Wastewater of the Compact Communities Ordinance to allow for an industrial pump and haul option to dispose of wastewater that is not reused in the water reclamation system for Commercial Parcel #93106, Briar Chapel

 

Abstract

Introduction & Background: The Chatham County Compact Communities Ordinance (CCO) includes the following standards:

 

Section 7.2 Wastewater Treatment

General Design Standards

 

Wastewater treatment shall occur at centralized wastewater treatment facilities either on-site or at existing, previously permitted off-site facilities as permitted by the State of North Carolina Department of Environmental and Natural Resources (NCDENR). Spray irrigation may occur off-site provided that said use conforms to the uses allowed in the applicable zoning district.

 

Wastewater collection, treatment, distribution and storage systems for compact communities must apply technologies approved by the State of North Carolina, with facilities and operating programs approved by the State of North Carolina, and with operations that are effectively monitored by the State.

 

Section 15. Waiver, “With the approval of the Board of Commissioners, the requirements of this ordinance may be adjusted, modified, reduced or waived based upon the absence of any reasonable relationship or nexus between the impact of the compact community development and the inclusionary or other requirements set forth herein.”

                     

Discussion & Analysis: This waiver request is to allow for a state permitted pump and haul system to treat a portion of the wastewater generated at a proposed car wash on parcel 93106 instead of the Old North wastewater system serving Briar Chapel. The property falls within the boundaries of the special use permit for Briar Chapel and is subject to the provisions of the Compact Communities Ordinance. This parcel was purchased in 2021 (DB2200 PG823) by SXCW Properties II LLC to construct a car wash, which is an allowed use on the property. During the permitting process the owners discovered that the wastewater provider, Old North State, did not have appropriate approval from the NC Department of Environmental Quality to treat the wastewater from a car wash. Further, the wastewater system owner did not think it was financially worthwhile to obtain additional approval for this use (see attached emails). The car wash owners are now seeking approval to install a separate water reclamation system for the car wash and dispose of the excess wastewater, which will contain contaminants that cannot be reused, at an off-site location. The domestic waste produced by the facility will be treated by the Old North State wastewater system. The pump and haul wastewater will be treated by Zero Waste Recycling or Shamrock Environmental Corporation in Browns Summit, NC.

 

The waiver process is unique to the Compact Communities Ordinance and does not require a public hearing or review by the Planning Board. The applicant has provided a cover letter, supplemental documentation for the waiver request, and a proposed order for the boards’ consideration.

 

How does this relate to the Comprehensive Plan: Goal 3: Promote a compact growth pattern by developing in and near existing towns, communities, and in designated, well planned, walkable, mixed-use centers and Goal 7: Provide infrastructure to support desired development and support economic and environmental objectives.

 

Budgetary Impact: N/A

                     

Recommendation/Motion: Discuss the request and vote to approve or deny the Order of the Board of Commissioners of Chatham County Approving Wastewater Waiver Request of SXCW Properties II, LLC Per Section 7 and Section 15 of The Compact Communities Ordinance.