TITLE
Vote on a request by Mark Ashness with CE Group to approve a resolution transferring 10/70 watershed development rights from the county to the Town of Siler City for property within the town’s extraterritorial planning jurisdiction.
ABSTRACT
Action Requested:
Vote on a request by Mark Ashness with CE Group to approve a resolution transferring 10/70 watershed development rights from the county to the Town of Siler City for property within the town’s extraterritorial planning jurisdiction.
Introduction & Background:
In 1993, the Legislature required local governments with surface water supply intakes to adopt watershed protection rules in order to protect those drinking supplies. The county adopted those rules in 1993 which became effective in 1994. The town also adopted watershed protection rules for areas within their planning jurisdiction. The request is being submitted to transfer the 10/70 development rights for areas within the town’s extraterritorial planning jurisdiction (etj) expansion in 2002 from the county.
Discussion & Analysis:
In 2002, the Town of Siler City Board extended the town’s extraterritorial planning jurisdiction (etj) as depicted on the attached map. The Board of Commissioners were approached by town staff about the etj expansion and voted unanimously in support. Based on files in the planning department, apparently there was no discussion or action regarding transferring the 10/70 watershed rule from the county to the town for property within the etj expansion area. It was recently brought to the attention of town and county staff by CE Group that the transfer had not occurred. It has been county staff’s understanding that the town controlled the 10/70 rule within the area shown in orange on the map labelled “Siler City ETJ WS-III BW Assignment Exhibit”. Additionally, the town enforces their watershed protection regulations within this area because of the etj expansion in 2002.
The 10/70 rule is an option available to local governments that chose to implement the low-density development rules under the watershed protection regulations which were mandated by the Legislature in the early 1990s. Please note that the county implements a 5/70 rule in the WS-III BW watershed district. None of the current staff know why this is a 5/70 option instead of 10/70. However, it is likely the result of a change in the state rules that originally only allowed a 5/70 option, but which was changed in 1995 to allow a 10/70 option. It is also worth noting that no increased allocation has been approved within the county’s portion of the WS-III BW.
The 10/70 rule allows a local government to increase the built upon area for certain development projects up to 70% from 24%. This is done by taking 10% of the total acreage within a watershed district and allowing developments up to 70% built upon area within that acreage. Additional information about the 10/70 rule can viewed on the following website from NC Department of Environmental Quality - <https://deq.nc.gov/media/1321/download>. Once the resolution is approved by both elected boards a copy will be forwarded to staff with the NC Department of Environmental Quality (NCDEQ) for final approval. NCDEQ staff have reviewed the draft resolution and find it acceptable.
CE Group presented a request to the Town of Siler City board during their regular meeting on March 5, 2023 requesting the town support the request which was approved. The county must also approved the resolution for it to become effective.
How does this relate to the Comprehensive Plan:
Diversify the tax base and generate more quality, in-county jobs to reduce dependence on residential property taxes, create economic opportunity and reduce out-commuting.
Recommendation:
Vote to approve a request by Mark Ashness with CE Group to approve a resolution transferring 10/70 watershed development rights from the county to the Town of Siler City for property within the town’s extraterritorial planning jurisdiction.