Water and Sewer Boundary Modification

Map of Water and Sewer proposal for Southern Chapel Hill

Council received a petition on June 14, 2023 to modify the boundaries of the Water and Sewer Management, Planning and Boundary Agreement (WASMPBA) to increase housing opportunity consistent with the recent Complete Community Strategies Comprehensive Plan amendment and to support the Bus Rapid Transit (BRT) corridor in the southern part of Chapel Hill.

In winter 2023/2024, the governing bodies approved the proposal to expand the water and sewer boundary in the southern part of Chapel Hill along the US 15-501 corridor to the Chatham County line. The service area is commonly referred to as the Urban Services Boundary. 

  • This change modifies the limits of service; it doesn't extend physical service or change the zoning. 
  • A landowner can request service, which would determine next steps, including going through our normal development processes. Connecting to OWASA's water main and sewer service is not mandatory.
  • Water and sewer line installation and activation costs and implementation are at the discretion of landowners.
  • We don't have plans to develop the Town-owned property in this area, but landowners could submit a conditional zoning request if they're interested in developing parcels there.

Timeline

  • Council decided to pursue the expansion and reviewed and approved the proposal at their November 15, 2023 council meeting.

  • The remaining Water and Sewer Management, Planning and Boundary Agreement (WASMPBA) governing bodies reviewed and approved the proposal at each of their individual board meetings in 2024.

    With the amendment approval, the "first tap on" depends on the first resident or developer to request service. The timeline for future development is dependent on the requests. (“Tap on” means the point at which a landowner uses water supplied by a water line.)

    The change in the service area would allow existing residential property owners to extend water and/or sewer service to their single-family residential units. Currently, there are some existing OWASA water and sewer lines within the area, as these lines were in place prior to 2001. Any new development, other than single-family or two-family residential units would need either approval of a site plan by the Planning Commission or a conditional rezoning from the Town Council. Either approval process would require the extension of main lines of water and/or sewer service by the property owner as a condition of approval. The developing property would bear any extension of utility service.

Town of Chapel Hill Plans

  • Town Planning Considerations (LUMO, Comprehensive Plan (Small Area Plans), Zoning Plans)
    Chapel Hill is starting some high-level visualizing exercises for the area. Now that the five parties of the agreement have taken action, the Chapel Hill staff will begin the next steps of the process. This process will include visioning, listening, amending the Town's Future Land Use Plan, amending the Land Use Management Ordinance, and finally rezoning of the area.
  • Conditional Zoning Considerations
     We want to ensure that any current developer’s interests in the area align with Town’s long-term goals

Agreement

Read the Agreement(PDF, 139KB)

Glossary of Terms

Glossary of Terms Related to WASMPBA

Joint Planning Land Use Plan and Agreement: Adopted in 1986 by Orange County and Chapel Hill with Carrboro added in 1987. This plan established the rural buffer and transition areas.

Urban Services Area: The Town’s 1986 Land Use Plan and 1989 Comprehensive Plan included the concept of an Urban Services Area, which is an area projected to be an urban growth area of the Town, served by public water and sewer.

Water Supply Watershed: The Town’s Land Use Management Ordinance (LUMO) Section 3.6.4 Watershed Protection District (WPD). This section of the LUMO only addresses the Jordan Lake watershed protection district as currently adopted. Town staff are reviewing the water supply watershed boundaries for the Jordan Lake district and the University Lake district. Town staff believes a portion of the Town’s planning jurisdiction is within the University Lake watershed boundary and is working to address this issue.

Extraterritorial Jurisdiction (ETJ): The ETJ is an area outside of the Town’s corporate boundary, but adjacent to the Town, where the Town has planning and zoning authority. The Town may annex properties within the ETJ.

Rural Buffer: The rural buffer is an area intended to remain rural in character without water and sewer service. The Town may not annex within the Rural Buffer. The Town may review and comment on permits, but Orange County has the planning authority.

Transition Areas: Transitional areas are areas of future urban growth. The Town’s land use regulations apply, but Orange County may review and comment. The County has final approval on rezonings. Parcels within the Transition Areas may be annexed

WASMPBA (Water and Sewer Management, Planning, and Boundary Agreement:(PDF, 139KB) Signed in 2001 to define areas where parties to the agreement may or may not provide water and/or sewer service. This plan was developed to complement growth management, land use, and annexation plans.

These terms, as well as others, are defined in the WASMPBA agreement:

  • Primary Service Area: Areas where water and/or sewer service is provided, or might be provided according to adopted plans and future amendments to adopted plans.
  • Long-Term Interest Areas: Areas where water and/or sewer service is not anticipated, but if provided, OWASA or Orange County will be responsible for coordinating the provision of service.
  • Essential Public Facility:  A publicly owned facility such as a school, fire station, or solid waste convenience center that provides a service for the health, safety, and/or general welfare of county residents.
  • Adverse Public Health Condition:  A situation where a wastewater (septic) system is failing and no on-site repair area is available or a well water supply system is contaminated and options to remedy the situation do not exist.

Frequently Asked Question

What is the long-term vision for the area?

What is the Town’s long-term vision for the area?

  • We don't have immediate plans to develop the Town-owned property in this area.
  • We're currently rewriting our Land Use Management Ordinance (LUMO).
  • After the LUMO is reviewed and adopted, the we'll work to update our Comprehensive Plan, including our Small Area Plans, and Zoning Plans.
    • Our 2020 Comprehensive Plan was adopted in 2012 and has adopted several recent elements to the plan including the Future Land Use Map, Climate Action and Response Plan, Shaping our Future: a Transportation and Land Use Initiative, as well as the Complete Community Strategy. These elements illustrate the changing environment and the Town’s interests in meeting the needs and goals of the community.
    • We're also looking to update our Southern Small Area Plan that was adopted in 1992, over 30 years ago.
  • We'll work to update some of the plans in the coming years to help inform our long-term plans for this area of Chapel Hill.
  • It's important to note that while we're working to update these plans and and don't have immediate plans to develop in the area, the we'll still consider conditional zoning requests in the area that could contribute to short-term development in the area.
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