PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, October 11, 2022 Bermuda Run Town Hall Mission: "The Town ofBermuda. Run exists toj provide core public services that enhance the quality oflife fori its residents and an environment, for the business  PERMIDI  6:00PM  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  Tti is the intent of the Town Council to. solemmize the proceedings of tbis meeting and the business bronght before tbe  governing board, to offer the opportumily forai rflective moment of silence. > 4. Town of Bermuda Run Code of Ethics Statement-Town Attorney Brian Williams  5. Adoption of the. Agenda Motion:  Second:  In Favor:  Opposed:  6. Approval of the September 13, 2022, Town Council Meeting Minutes  Motion: 7. Citizens' Comments 8. Presentation E-911 Addressing  Second:  Inl Favor:  Opposed:  Staff will discuss structure addressing posting requirements oft the Addressing and Road Naming Ordinance. Mike Foster, Community Officer and Staff from Davie County 911 Communications and Emergency Services will share how responses to E-911 calls are: made and emergency  personnel are dispatched. 9. Proposed Action Items  A. Bermuda Run Tourism Development Authority Appointments  The TDA Board was established by Town Council Resolution to be comprised of no less than three (3) members and no more than seven (7) members. State law requires the one-third (1/3) oft the seats shall be reserved for individuals affiliated with business that collects the tax within the Town and one-half (1/2) of the seats shall be reserved for individuals who are active in promoting travel and tourism in the Town. The Town Manager is an ex-officio member of the Current TDA Board Members - Chair-Scott Wollaston, Executive Director, Twin City Soccer; Wayne Thomas, WinMock; Jeffery Woods, Hampton Inn; Andrew Meadwell, Town of Bermuda Run, Ex-officio: member; Caroline Moser, Davie County Chamber of Commerce, Ex-  Board.  officio member. The BR TDA is requesting:  The following to be considered for Regular Member appointment:  Drew Stevens-RISE; 3-year term Janice Karhanas-Hampton Inn; 3-year term  Landon Lynch-Atrium Wake Forest Baptist/Davie Medical Center; 3-yeat term    The following to be Re-Appointed for Regular Member appointment  Scott Wollaston, Chairman-2 year term Wayne Thomas, 2 year term Jeffery Woods, 2 year term  The following be appointed and reappointed as Ex-Officio Members: Caroline Moser, Andrew Meadwell, and Dora Robertson Staffis requesting that these appointments be considered:  Motion:  Second:  In Favor:  Opposed:  10. Town Manager Report/Comments 11. Council / Mayor Comments  12. Adjourn Motion:  Second:  In Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes September 13, 2022 - 6:00 PM  The Town Council of Bermuda Run held its scheduled meeting on' Tuesday, September 13, 2022 at 6:001 PM. The meeting was held at Calvary. Baptist Church/West Campus, 136. Medical. Drive. Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman,  Mike Ernst, and Melinda Szeliga  Council Members Absent: Also Present: Call to Order Pledge of Allegiance Moment of Silence  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Mayor Rick Cross called the meeting to order.  It is the intent ofthe Town Council to. solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunity, for ai reflective moment ofsilence. Town of Bermuda Run Code ofEthics Statement t- Town Attorney Brian Williams  Adoption of the Agenda  Council Member. Mike Ernst made ai motion to approve the agenda. Council. Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) inf favor and none opposed. Council Member Melinda Szeliga made ai motion to approve the August 9, 2022 meeting minutes. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive (5)  Approval of the August 9, 2022 Town Council Meeting Minutes  inf favor and none opposed. Citizens' Comments - None  Public Hearing -Zoning Map Amendment 2022-05  RLM Development, LLC (Homes Urban) has applied to: rezone a 19-acre portion of a tract ofl land totaling approximately 64.7 acres from Commercial Mixed (CM), WS-IV Yadkin River Watershed (WS-IV) to Village Mixed Conditional District, WS-IV Yadkin River Watershed (VM-CD), (WS-IV). The subject property is behind 196 and 190N NCI Hwy 801 N and is further described as aj portion of Johnny Easter with Davie County Development and Facilities Services presented the data regarding the Robert Morgan with Homes Urban, Sally McGuire with the Hillsdale Group, and Attorney Hank Van Hoy presented information and data in favor of the rezoning request. *Presentation attached.  parcel oft the Davie County Tax Map C800000001.  rezoning request.    Mayor Rick Cross Opened the Public Hearing  Kinderton Village Residents Speaking in Opposition to thel Request (Presentations. Attached):  Chris Bryant - 104 Millstone Lane Chad Hedgepeth - Kinderton Village Barton and Michelle Sexton - 185 Kilbourne Matt Carr - 136 Sweetwater Circle Lennie Ring - 125 Kilbourne Dean Warren- - 263 Old Town Jim Fulgham - 257 Town Park Drive Mark Pfundstein - 155. Brookstone Tim Deegan - 337 Town Park Drive Paul Dixon - 120 Kilbourne Donna Carr - 136 Sweetwater Circle Charlene Genaway - 150 Brookstone Patricia Williams - 124 Parkview Herb Schmidt - 136 Brookstone Mary Winfrey - 122 Glenmore Lynn Cole- 255 Kilbourne  **Town. Attorney. Brian Williams stated that the Town Council CANNOT discriminate against renters based on the Fair. Housing Act afer one speaker made comments about renters VS. owners.  Speaking in Favor of Request:  John Ferguson - 915 Riverbend Dr. Mayor Rick Cross Closed the Public Hearing Council Member Mike Brannon made ai motion to deny:  "The Bermuda Run Town Council finds the proposed Conditional Use zoning amendment meets the intent oft the Village Residential designation ini that it brings multifamily housing in an area that is primarilys single-family housing, it incorporates open. space and recreational opportunities, for use by the residents; however; it is not consistent with the Town of Bermuda Run Comprehensive Plan  because:  1. The proposal does not encourage managed growth and development that is compatible with the existing character ofs surrounding land uses, in that the proposal calls for a density of 2. The proposal does not complement nearby residential and commercial land uses; and 3. The property as currentlyzoned. allows for multifamily housing at 8 dwellings units per acre which is consistent with the Village Residential designation, which calls for a mix ofhousing  housing that is inconsistent with abutting uses;  types.  Therefore, the Town of Bermuda. Run Town Council finds the Conditional Use zoning amendment and conditions is not reasonable and is not in the public interest. The Conditional Use zoning amendment and conditions does not address impacts reasonably associated by the use and does not allowfor 1. The Conditional Use zoning amendment rezoning would. not allow the property to develop in a 2. The Conditional Use zoning amendment rezoning will not encourage compatible development of the property in that higher density will adversely impact the adjacent neighborhoods; and  consistency and compatibility with the adjacent land uses.  way that is consistent with the existing Village Residential uses in the area;    3. The Conditional Use zoning amendment rezoning is not consistent with the desired character of Council. Member Heather Coleman seconded. the motion. The motion was approved by a vote offive (5)  the. surrounding community.  infavor andi none opposed. Town Manager Comments  Andrew. Meadwell gave an update regarding:  The. Blue Heron Trail, Decommissioning oft the Waste Water Treatment Plant, Ariston Place Apartments, Stop Sign/Stop Bar Replacement- - Kinderton Village, Road. Paving/Striping  Council/Town Manager/Mayor Comments  Mike Brannon - Thanked the. Hillsdale Group and Homes Urban for being "class acts' " thanked Mike Ernst - Urged everyone to attend meetings, vote, and be representative (no one from KVon Council). Personal attacks on "Next Door" could. have been avoided; the Council works hardj for ALL ofthe Town of Bermuda Run and they take their decisions seriously. He is honored to. serve on the Curtis Capps - Shared that the decision tonight was a tough one. He' 's lived in the town) for 25 years Melinda Szeliga - Stated that before the meeting tonight, she met with both sides J for and against, doing her due diligence in the process. She assured the attendees that the Council did listen to them. Mayor Rick Cross - Commended everyone for their commitment to this "difficult and arduous journey". Stressed that he wants to continue to meet with areas of the entire community. He acknowledged: Planning Board, Town Staff Homes Urban and Hillsdale Group) for their professional conduct, and the Town Council who were fully engaged. Shared that two seats on the Town Council and the Mayor seat will be upfor vote in 2023 - encouraged everyone to vote. Last concert will be on  Kinderton Village residents for their energy and enthusiasm. Heather Coleman - Thanked everyone for their attendance and involvement.  Council.  and wants to keep. Bermuda Run on track.  Friday, October 14 at 6:30 pm - Special Occasion Band.  Adjourn  With no further business to discuss, Council Member Mike Ernst made a motion to adjourn. Council Member Mike Brannon seconded the motion. The motion was approved by a vote offive (5) infavor  and none opposed. Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    3 Z N  LI  W N  e  -  -  A -  W  IP a   LE    A    S) LLI  aU I DD a Bf  a  o e o  > S  D S    S L  @ S  a  a -  @    S) L  R  -    S L  MHO  &  - a    S L  5  tTg  &    S L  L 4    IIIG  R  - 1    S L  C  5O  C  C  & C    LUI  S    LI  S    d  S    S 5  0) E S) 3 - 0O  C  & - C C O B S    5  0) C S 3 C ) CJ LO  3 @ 0) C  C    S C @ L a 0) C S D I  :  ) - 3  S S @ à Q    S 8 a C?  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Axes Numbers Begin with 100 N.C. 801 THE ADDRESSINGSYSTEM Method of Assigning al Number Corner Lots Road Name of Address Requirements for Road Naming and Numbering Duplex and Multi-Family Dwellings Assigning ofUnit Designators Mobile Homes Time Constraints Number Specifications Posting Locations Maintenance of Structure Numbers ROADI NAMING Approval ofNames  Pages 5 5 5 5 5 5 5 5 6 6 6 6 6 6 6 6 7 7 7 7 7 7 7 7 7 8 8 8 8 8 9 9 9  II  Official Road Name and Structure Numbering Map  III  IV  V  OSTINGREQUIREMENTS FOR STRUCTURES 8  VI  2    Article  Section 6.02 6.03 6.04 6.05- 6.06 6.07 6.08 6.09 6.10 7.01 8.01 8.02 8.03 8.04 8.05 8.06 9.01 9.02 9.03 9.04  Title Deceptively Similar Names New road names Desirable Names Undesirable Names Suffixes Road Segments Offset Intersections and Split Routes Impasses Existing Road Names ROAD NAME SIGNS ANDSTANDARDS Installation and Maintenance ADMINISTRATION Ordinance Administrator and Responsibilities Applications and Petitions Petitioning for al Road Name Building Permits Certificate of Occupancy Procedure Upon Denial AMENDMENTS General Letter ofNotification Protesting al Petition or Proposal of Amendment Application for Amendment LEGALSTATUS PROVISIONS VIOLATIONS AND ENFORCEMENT Posting Structure Numbers Notification ofViolation Road Name Signs Legal Prosecution  Pages 9 9 9 9 10 10 10 10 10. 10 10 10 10 11 11 11 11 11 11 11 11 12 12 12 13 13 13: 14 14 14 14 14  VII VIII  IX  X XI  11.01 11.02 11.03 11.04 12.01 12.02  XII  APPEALSAND REQUESTS FOR VARIANCE First Appeal or Request for Variance  Second Appeal  XIII XIV  DEFINITIONS OF SPECIFIC TERMS OR WORDS 14  CLOSING PROVISIONS  16  3    Article  Section 14.01 14.02  Title Conflict with Other Laws Severability EFFECTIVE DATE  Pages 16 16 16  XV  4    ADDRESSING ORDINANCE  ARTICLEI Introductory Provisions  1.01 Purpose  The purpose ofthe) Bermuda Run addressing and road naming ordinance is to provide for the orderly assignment ofcity addresses, and toj protect the safety and welfare of the general public by facilitating the location ofindividual dwellings and businesses by  emergency response personnel. 1.02 Enactment and Authority  The Town Council ofBermuda Run do enact this ordinance to establish a detailed, permanent, uniform, addressing system, pursuant to authority provided in Chapter 160-A,  General Statutes ofNorth Carolina.  1.03 Short Title  This ordinance shall bel known as the Addressing and Road Naming Ordinance of Bermuda Run, North Carolina," " and may be referred to as "Addressing Ordinance,"and: a map referred to is identified by the title "Official Road Name and Structure Numbering Map, Davie County, North Carolina," and may be known as the "Addressing Map". The Road Naming and Addressing Policies set forth in this ordinance shall be applicable to all oft the area within the municipal limits of Bermuda Run, North Carolina. Any incorporated area within the county that is being provided radio/communications services by the county's Communications-1-1 Center, shall bear the responsibility of adhering to the Road naming and Addressing Policies set forth in this ordinance and/or This ordinance is adopted by the Town ofBermuda Run to comply with the compatible ordinance requirement of Section 1.05 oft the. Addressing Ordinance ofDavie County,  1.04 Territorial Jurisdiction  1.05 Incorporated Areas  adopt a compatible ordinance by their governing Board.  North Carolina.  ARTICLEII Addressing Map  2.01 Official Road Name and Structure Numbering Map  5    The address numbering map shall be entitled, "Official Road name and Structure Numbering Map, Davie County, North Carolina", as adopted by the Davie County Board ofCommissioners. All addresses assigned shall be assigned in accordance with this map. The Addressing Map shall bet the map on file in the County Planning and Zoning Department. This map may be maintained and updated in data processing storage  2.02 Maintenance and Storage  systems.  ARTICLE! III Thel Numbering System  3.01 Uniformity of the System  All roads that are officially designated on the. Addressing map whether public or private, shall be numbered uniformly and consecutively along the roadway centerline. Numbers  shall be assigned along the entirety of all named thoroughfares.  3.02 Origin Point  The origin point, or vertex, ofthe numbering system shall be located at the intersection of  U.S. 64, and 601 and Main Street in Mocksville, N.C.  3.03 North-South and East-West. Axes  The county shall be divided by two axes. The north-south axis shall be U.S. 158, Main Street, and U.S. 601 south. The east-west axis shall be U.S. 64, from the Davidson  County line in the east to the Iredell County line int the west..  3.04 Road Naming and Numbering Criteria  All roads, both public and private, shall be named, numbered and have road name signs installed ift two or more addressable structures, including mobile homes, are located on  and accessed by them. 3.05 Numbering Method  Aj pair ofnumbers, each being either a three, four, or five digit natural number - called a structure number - shall be assigned at intervals of 13.00 feet along al roadway centerline. Odd natural numbers shall be assigned to the left side oft the road by ascending numbers moying away: from the axes or origin point. Even natural: numbers shall be assigned to  the right side oft the road in al like manner.  3.06 Dead End Roads  All dead end roads and cul-de-sacs shall begin with ascending numbers at the open end,  that being the end connecting to another road.  6    3.07 Roads Connecting to Both Axes from the north-south axis. 3.08 Numbers Begin with 100  Roads which connect to both axes shall begin ascending numbers on the end stemming  The first potentially assignable structure number on a given road shall be the number 100. N.C. 801, due toi its length, shall be bisected and designated into north and south portions ati its intersection with U.S. 158. County addressing numbers or structure numbers on N.C. 801 shall originate in ascending order in both directions from its intersection with  3.09 N.C. 801  U.S. 158.  ARTICLEIV The Addressing System  4.01 Method of Assigning a Number  Each structure shall be assigned a structure number based on the number oft the appropriate segment ofr roadway centerline. The structure: number shalll be determined by the line perpendicular to the road centerline, which intersects the centerline ofthel house ord driveway leading to the structure. In cases where as structure! has al loop driveway, the structure number oft the centerline segment at the point ofperpendiculari intersection shall  bet the number oft the structure.  4.02 CornerLots  Structures on corner lots shall be assigned a structure number either from the road which intersects the addressable driveway to that structure, or from the: road in which thei main access or entrance to the structure is oriented. The number will be assigned using the method in section 4.01 above and will be assigned int the manner as determined by the  ordinance administrator orl his designee.  4.03 Road Name of Address numbered.  The road name for an address shall be the name of the road from which the structure is  4.04 Requirements for Road Naming and Numbering  Ifdevelopment on aj private road exceeds the minimum structure regulation (Section 3.04), said road shall be named and numbered and structures readdressed according to the  requirements herein.  4.05 Duplex and Multi-Family Dwellings  One structure number shall be assigned to each structure whose units share a common  7    roof. Each unit within the structure shall be assigned a unit designator. Allowed unit designators inçlude apartment numbers for apartments, and numbers for commercial buildings. The unit designator shall be ai number, and shall not include alphabetic characters, except as stated in section 4.06 of this ordinance. This section specifically  applies to multi-family dwellings. 4.06 Assigning of Unit Designators  Residential unit designators shall be as follows: ground-level floor numbers - #101, #102, #103, " second floor numbers --i #201, #202, #203, : etc., etc. All floor levels are to follow this scheme. Underground floor designators shall follow the same scheme with the exception ofhaving a"U" for aj prefix, for example #U101, #U1 102, :, etc. Unit designators shall be assigned in al logical manner, with increasing unit numbers corresponding to increasing road centerline numbering wherever possible.  4.07 Mobile Homes  Manufactured housing or mobile homes shall be assigned individual street addresses according to the requirements herein, whether they are located on individual lots or in  developments or parks.  ARTICLE V  Posting Requirements for Structures  5.01 Time Constraints  Within 90 days after written notification of the assignment of or change ofas structure number, the owner ofs said structure shall post the assigned structure number in  compliance with the requirements herein.  5.02 Number Specifications  All structure numbers shall be constructed ofa durable material. The color shall contrast with the color scheme oft the structure, and ifmounted on glass, shall contrast with the The minimum number size for residential structures or units shall be four (4) inches in height. The minimum size for all other structure numbers shall be six (6) inches in height. In all cases, a number size large than the minimum size may be required in any instance. where the minimum size does not] provide adequate identification.  background and be clearly visible.  5.03 Posting Locations  For single family residential or duplex structures, the structure number shall be posted and maintained within a three (3) feet perimetér oft the front entrance oft the structure, ina a location visible and readable from the road. For all other structures, the structure number  8    shall be posted on a building face most readily visible from the road from which the number is. assigned. Unit designators shall be posted at each unit within a three (3): feet. In the eventthat a structure or its posted number is not visible from the road from with its number is assigned, the assigned structure number shall also bej posted on property adjacent to the road. This number shall be located at thej primary driveway access point. : In all cases, the structure number shall be clearly displayed in such a way that the structure number can easily bei identified from the street or road during both day or night. Following the posting of the assigned number as: required herein, the owner shall maintain the structure number at all times in compliance with the requirement oft this articlé. Structure numbers and unit designators, as viewed from the road, shall not be  perimeter oft the front entrance oft the unit.  5.04 Maintenance of Structure Numbers  obstructed from view.  ARTICLE VI Road Naming  6.01 Approval of Names  The ordinance administrator shall have authority to approve road names within the unincorporated areas of the county, subject to the requirements ofthis article.  6.02 Deceptively Similar Names  The ordinance administrator shall maintain a database of existing road names, such that duplicate or deceptively similar" road names are neither approved nor assigned. New road names that relate: to the history, location, or scale ofap project area, shall be  6.03 New Road Names given consideration. 6.04 Desirable Names  Road names that are pleasant sounding, appropriate, easy to read, and add pride tol home  ownership, shall be promoted.  6.05 Undesirable Names  The following kinds of names shall be avoided: numerical, alphabetical, complicated names and names which tend to offend the community. The ordinance administratori is hereby given authority to refuse to accept any road name which in his opinion violates the  provisions ofthis article.  9    6.06 Suffixes  The following road name suffixes are allowed: Avenue (AV), Boulevard (BLVD), Circle (CIR), Court (CT), Drive (DR), Highway (HWY), Lane (LN), Loop (LP), Parkway (PKWY), Place (PL), Road (RD), Street (ST), Trail (TR), and Way. Private roads shall be assigned the suffixes Trail, Lane or Way. All other suffixes shall  be reserved for public roads.  6.07 Road Segments  Each road shall bear the same and uniform numbering along the entirety oft the road. Segments ofroads shall not be allowed to have different or separate names. The ordinance administrator: shall determine what constitutes ai road or way.  6.08 Offset Intersections and Split Routes  Split routes, also known as dog-leg" on offset intersections, shall be treated as separate roads with different names and numbering to preserve the integrity and continuity oft the  numbering system. 6.09 Impasses  Impasses or sections ofar road that are: impassable shall be assigned different names and numbering to each portion oft the road on ether side oft the impasse ro preserve the  integrity and continuity oft the numbering system.  6.10 Existing Road Names  The ordinance administrator shall whenever possible, consistent with thej provisions of  this ordinance, retain road names already established.  ARTICLE VII  Road Name Signs and Standards  7.01 Installation and Maintenance  All public and private road name signs required by this ordinance shall bei installed and  maintained by the Town ofBermuda Run.  ARTICLE VIII Administration  8.01 Ordinance Administrator and Responsibilities  The duly appointed Town Manager ofBermuda Run, or designee, is hereby given authority to administer and assign county addresses, and to enforce thej provisions ofthis ordinance. Questions arising from the enforcement oft this ordinance shall be interpreted  10    by the Town Manager or designee.  Interpretation oft this ordinance shall be accomplished by the Town Manager or designee. The ordinance administrator shall report to the town Council at their scheduled meetings as needed to keep the members oft the boards informed ofany pertinent addressing related  matters and to provide them with a summary of any such matters.  8.02 Applications and Petitions  The ordinance administrator shall accept and examine all applications, road naming  petitions, signage variances and initial appeals.  8.03 Petitioning for a Road Name  Roads eligible for naming by means ofs section 3.04 oft this ordinance, may be named by submitting ap petition sgned by all oft the land ownersalong the road and upon approval by  the ordinance administrator.  8.04 Building Permits  No building permit shall bei issued for any building or structure until the owner or developer has been issued a structure number with a corresponding road name from the  ordinance administrator. 8.05 Certificate of Occupancy  Final approval fora Certificate ofOccupancy ofa any structure or building erected or repaired after the effective date oft this ordinance shall be withheld until permanent and proper structure numbers have been posted in accordance with the requirements herein. Any person denied ai request directed to the ordinance administrator: may protest as  8.06 Procedure Upon Denial provided in Section 9.04.  ARTICLE: IX Amendments  9.01 General  The Town Council ofl Bermuda Run may, from time to time, on its own motion or on petition, after public notice and al hearing, as provided by this ordinance, amend, supplement, change, modify, or repeal the addressing regulations and assignments. Whenever there is aj proposal for a change in the addressing system involving any portion of an address, the land owner oft that parcel's address as shown on the county tax listing  9.02 Letter of Notification  11    and the land owners ofa all the parcels of land abutting that parcel ofl land as shown on the county tax listing, shall be mailed a notice oft the proposed change in the addressing system. The notice shall be mailed by first class mail to the last addresses listed of the  land owners according to the county tax abstracts. 9.03 Protesting a Petition or Proposal of Amendment  No protest against any change in, or amendment to, the addressing ordinance, regulations, proposals or the addressing system, shalll be valid or effective unless iti is in the form ofa written petition. The petition shall bear the names and signatures oft the opposing propert  owners and shall affirm and state the nature of protest to the proposal.  9.04 Application for. Amendment  Applications for an amendment to the addressing ordinance shall be filed with the Ordinance Administrator at least ten (10) days prior to the date on which iti is to be presented to the Town Council. The ordinance administrator shall be responsible for presenting the application to the Town Council of Bermuda Run. Each application shall  be signed, bei in a duplicated form, and shall contain the following: (a) The applicant's name and address in full.  (b) In the case ofat text amendment, it shall set forth the new text to be added and the existing text to be deleted and any other text changes that will have to be made as ai result to the effect on the remaining articles, sections, definitions, diagrams or  attachments.  (c) Ifthe proposed amendment will change the Addressing map a copy oft the addressing Map shall be marked to indicate the impact of the proposed amendment to the existing map and shall be presented with the application for  amendment.  Aj public hearing shall bel held by the Town Council ofBermuda Run before the adoption ofany proposed amendments to the addressing ordinance. When the Town Council shall have denied any application for the change ofaj portion or matter oft the addressing ordinance, it shall not thereafter accept any other application for the same change involving that portion or matter oft the ordinance until the expiration ofs six (6) months  from the date ofs such previous denial.  ARTICLE. X Legal Status Provisions  Its shall be unlawful for any person to use or display a different address or portion thereof  12    except as provided by this ordinance or the "Official Road Name and Structure Itshall be unlawful for any person to name or designate the name of any private road, street, drive;cartway, easement, right-of-way, access area or any other thoroughfàre, Its shall be unlawful for any person to establish or erect any road sign that does not Itshall be unlawful for any person toi intentionally destroy, mar or deface any county road Punishment for violations provided fori in this article shall be as set forth in section 11.01.  Numbering Map, Davie County, North Carolina."  except as provided by this ordinance.  comply with the standards set forth in this ordinance.  name sign.  ARTICLEXI Violations and Enforcemenet  11.01 Posting Structure Numbers  Violation ofthis ordinance is ai misdemeanor as provided by N.C. General Statute 14-4 Civil penalties may be imposed in accordance with the following procedure: (a) Initial notification of violation, in writing by first class mail, to the last known (b) Ifnot correct within ten days, a warning citation may bei issued. (c) Ifnot corrected within seven days ofissuance ofa warning citation, a second (d) Each day the violation continues shall constitute a separate violation oft this  and may bej punished as provided therein.  address oft the person to be notified.  citation including ai fine of$25.00: may bei issued.  ordinance.  11.02 Notification of Violation Shall:  (a) Bei issued by the ordinance administrator orl his designee.  (b) Bei in writing, directed to the name and address of the owner of the structure by  certified mail return receipt.  13    (c) Set forth the action neçessary for the offender to bei in compliance with this  ordinance.  11.03 Road Name Signs $250.00 11.04 Legal Prosecution  Violations of Article XI oft this ordinance shall bej punishable by maximum fines  to ofup  for each violation.  Nothing herein contained shall prevent the Town ofl Bermuda Run from taking other such  lawful action as is necessary to prevent or remedy any violation.  ARTICLE: XII  Appeals and Requests for Variance  Road naming appeals and appeals for signage variance, shall adhere to the procedures  below:  12.01 First Appeal or Request for Variance Shall:  (a) Bei in writing, directed to the ordinance administrator. (b) Be dated and describe the reasons for the appeal.  (c) Appeals shall clearly state that all property owners along said road are aware that any road name sign posting variance may hinder emergency response personnel in  their efforts to locate aj particular address.  (d) Contain the signatures of all the property owners along said road.  12.02 Second Appeal Shall:  (a) Be in writing, directed to the' Town Council of Bermuda Run.  ARTICLE XIII  Definitions of Specific Terms or Words  For the purpose oft this ordinance, certain terms or words used herein shall be interpreted  as follows:  Avenue  (AV) -ar major road that runs generally in an east/west direction.  14    Boulevard (BLVD) an unusually wides street typically in residential areas; often with  central, dividing median.  Circle Court Drive  (CIR) a short road that returns to itself.  (CT) a dead end: right ofv way often ending as a cul-de-sac,  (DR) -ac curving secondary road.  Highways (HWY) a designated state or federal highway.  Interstate (I#)- a thoroughfare oft thel highest order and federally designated as an Interstate.  Lane Loop  (LN) -as short private road that branches off of another road and ends or connects  to another secondary road. :  (LP) - a short road that starts and ends on the same street or road.  Parkway (PKWY)- -as special scenic route or park drive.  Place  (PL)-acul-de-sac or permanent dead end road.  Private Road Any road which is not maintained by a governmental entity or agency through the  use of! public funds. Road name suffixes for private roads include Trail, Lane and  Way.  Public Road Any road which is maintained by a governmental entity or agency through the use  ofpublic funds.  Radio/ Communications Services  Includes any radio comunications, transmissions, dispatching or future Enhanced 911 communications that may involve police, emergency, fire or rescue operations, but are: not limited to these aforesaid operations. (RD)-awel-traveled secondary road often connecting with al U.S. or state (ST) - A major road that runs generally in a north/south direction.  Road Street Street Address  primary highway.  A unique identifier for each addressable structure within the County. The  15    minimum adequate street address shall be defined as, the assigned structure number and the officially adopted road name, Where required by this ordinance, the street address shall also include the assigned unit designator.  Structure Any-building, whether residential, commercial, industrial, or institutional in Structure Number The numerical portion oft the street address, as assigned by the  nature and use.  ordinance administrator or his designee, in accordance with the Official Road Name and Structure Numbering Map ofl Davie County, N.C.  Thoroughfare  A general alli inclusive term for: roads - public or private, street, drive, cartway, easement, right-of-way, or any other word or words that means a way of (TR) -al local, private road that serves as a connector for larger roads.  access.  Trail  Unit Designator The portion of the street address used to distinguish individual units within  the same structure.  Way  (WAY) -ar minor private road that begins and ends on the same road.  ARTICLE. XIV Closing Provisions  14.04 Conflict with other Laws  All other ordinances or parts of ordinances not specifically in conflict herewith are hereby continued in force and effect, but all such ordinances or parts of ordinances in conflict herewith are. hereby repealed. Where thej provisions oft this ordinance are more stringent  or restrictive provisions shall apply.  14.02 Severability  Should any section, subsection, sentence, clause, phrase or provisiion oft this ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity oft the ordinance in its entirety or of any part thereof other than  that sO declared to be unconstitutional or invalid.  ARTICLE XV Effective Date  This ordinance shall take effect and be in force from and after its adoption. Duly adopted  16    by the Town Council ofBermuda Run, North Carolina, this 10 day of  April  2001.  17    TOWN OF BERMUDA. RUN TOURISM. DEVELOPMENT AUTHORITY BYLAWS  ARTICLEI,  ESTABLISHMENT OF TOWN OF BERMUDA: RUN TOURISM  DEVELOPMENT AUTHORITY  Thel Bermuda Run' Town Council, for the purpose of advertising and promoting tourism int the' Town established the' Town ofBermuda Run Tourism Development. Authority/(Authority) on December 1,2 2010.  ARTICLEI.  OFFICE, BOOKS. ANDI RECORDS  Section 1. Principal Office: Mailing Address  Thej principal office oft the Authority shall bet the Town of] Bermuda Run Town Halll building, 120 Kinderton. Boulevard, Suite 100, and its mailing address shall be Town of Bermuda Run Tourism Development Authority, clo Town Finance Officer, 1201 Kinderton Boulevard, Suite 100, Bermuda  Run, NC27006.  Section 2. Books and Records  Except as may otherwise bej provided by resolution ofthe' Tourism Development. Authority, or as may bei required by the business ofthe Authority, all records ofthe Authority shall bel kept at the principal office ofthe Authority, Financial records willl bel kepti in the office oft the Town of  Bermuda! Runl Finance Officer.  ARTICLEIIL. TOURISMDEVELOPMENT AUTHORITY  Section 1.  Appointment ofl Membership  The Authority shall consist up to three (3) but no more than seven (7) members appointed to three (3); year terms by thel Bermuda Run' Town Council, The Town Council shall designate thet term of  each initial Authority member. Section 2. Tenure ofMembership  a. Authority members shall serve terms ofthree years, with the exception ofthe original b. Authority members desiring to resign should submit their resignation in writing to the  appointees. Town Council,  Membership int the Authority is not transferable or assignable. Qualifications of Authority Membership  Section: 3.  a. Atl least one third of the members of the Authority must be individuals who are affiliated with businesses that collect the occupancy tax levied' by the Town of b. Atl least onel halfoft the members oft the Authority must be individuals who are then currently active int thej promotion oftravel and tourism int the Town of] Bermudal Run.  Bermuda Run,    Section 4. Vacancies of Board Membership  The Bermuda Run' Town Council shall: fill vacancies occurring in the Authority for the remainder of  the unexpired term.  Section 5. Officers oft the Authority  Thel Bermuda Run Town Council shall appoint a Chairperson, who will vote only in the event ofa tie and the Authority members may choose a vice-chairperson ifso desired. Thel Finance Officer of the' Town ofBermuda Run shall serve ex officio as finance director: fort the Authority. The Chairman shalll bet the executive officer ofthe Authority, calling and presiding over all meetings, developing the agenda, and signing all bonds, contracts, checks, and other instruments to be  executed on behalfofthe Authority.  Section 6.  Compensation of Authority Members  No compensation shall bej paid for services to members ofthe Authority.  ARTICLE: IV. RULES AND CONDUCT  (A)Faithful attendance at all meetings oft the Authority and conscientious performance ofthe duties required of members oft the Authority shall be considered: aj prerequisite of continuing membership on the. Authority Board. Ifai member misses more than two (2) consecutive meetings, he/she may bei replaced at thes recommendation ofthe Authority, and at the discretion (B): No Authority member shall take part in the consideration and determination of any matter in (C) Bach. Authority member shall maintain the confidential nature of confidential material, which (D) No Authority member shall directly or indirectly solicit any gift, or accept or receive any gift, whether int the form ofmoney, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances. in which a1 reasonable person would believe that the gift was intended to influence him/her in thej performance of his/her duties, or was (E) The Authority may terminate thei membership of any ofi its appointed members by majority vote  oft thel Bermuda Run Town Council,  whichl he/she has a direct personal or financial interest. members may become privy to as a member oft the Authority.  intended as a reward for any official action on his or her part. ofi its members and the approval oft the Bermuda Run Town Council.  ARTICLET V.  POWERS AND! DUTICS  The Authority shall study thet tourism industry oft the' Town of] Bermuda Run and the most effective. means ofenhancing andj promoting that industry and recommend any plans, actions and programs, which will, in accordance with thej powers granted herein, serve to enhance and improve thet tourism industry ofthe Town ofBermuda Run. Tot this end, the) Bermuda Run' Town Council confers upon the Authority the following (A) Toj promote travel, tourism, and corporate travel int the' Town of] Bermuda Run, sponsor tourist-related events and activities int the district, and finance tourist related capital projects in (B) To contract with and/or hire an individual, agency or organization to adyertise or market an area or activity, publish ando distribute pamphlets and other materials, conduct market research, and engage in or sponsor similar promotional activities that attract tourists or  powers and duties:  the' Town;  business travel to the area;    (C) Tor make recommendations tot the) Bermuda Run Town Council: fort the efficient and effective (D) Toc conduct such market research as it deems necessary in order to devise and develop the goals and plans necessary to create an effective marketing plan toj promote the travel and (E) Tomake tourism-related expenditures that, int thej judgment oft the Authority, are designed to increase the use oflodging facilities, recreational facilities, and business establishments in the (F) Torecommend tourism andi resident-related capital expenditures including expenditures required to improve andi increase thei recreational facilities located in the Town and maintain (G) Toselect appropriate goals for the enhancement and development oft the tourism industry in (H) Tos seek, evaluate, and choose proposals from appropriate organizations which will address -() To evaluate the effective and efficient implementation oft the officially adopted plans ofthe (J) Tos submit reports quarterly and at the close oft the fiscal year, tot thel Bermuda Run Town Council regarding its receipts and expenditures: for thej preceding quarter and for the year in (K) To1 make recommendations: tot thel Bermuda Run' Town Council regarding persons nominated tos serve new terms or toi fill vacant terms on the' Town of Bermuda. Run' Tourism  enforcement oft the Town of] Bermudal Run Room Occupancy Tax;  tourism industry int the' Town;  Town or to attract tourists or business travelers to the' Town; the attractiveness ofthe' Town and its green areas; the established and approved goals ofthe Authority; Authority and ofthe) Bermuda Run Town Council; such detail as the Council may require; Development. Authority.  the Town;  ARTICLE VI. MEETINGS  Section 1. Regular and Special Meetings  The Authority shall meet atl least quarterly. The Chairperson may call special Meetings oft the Authority at any time, At least ninety-six (96)1 hours written: notice ofthe time and place of Special Meetings shall be given by the Secretary or byt the Chairperson to each member ofthe Authority. All Authority meetings, with the exception of closed sessions, aret to be open tot thej public and held ins accordance with Article 33C of Chapter 143 oft the General Statutes of North Carolina, commonly referred to ast the Open Meetings Law. The Secretary oft the Authority shall keep a record ofi its members' attendance and the minutes oft the Authority's meetings. A quorum shall consist ofar majority oft the members oft the Authority.  Section 2.  Quorum  Section 3. Voting  All actions taken by the Authority are done so by majority vote oft the members ofthe Authority present and voting at ai regular or special meeting of the Authority. Bach member oft the. Authority ise entitled to one vote. There shall bei no voting by proxy. All members may vote on an issue properly before the Authority unless ai member has a direct personal or financial interest int the  matter before the Authority.    ARTICLE VII. Section 1.  FISCAL YEARI END: BUDGET  Fiscal Year  Thel Fiscal Year for the Authority shall begin July 1 and end June 30. The Authority shall develop and approve al budget for each fiscal yeari in accordance with the Local Government Budget and  Fiscal Control. Act. Section 2.  Expenditures  The. Authority shall use at least two-thirds ofthe funds remitted to it each year by the] Bermuda Run Town Council toj promote travel and tourism in the Town ofBermuda Run and shall use the  remainder ofthe funds remitted to it fort tourism-related expenditures.  ARTICLE VII.  AMENDMENTS  Except as otherwise provided by law, these. Byl Laws, or any part thereof, may be amended, added to, altered or repealed at the pleasure ofand by ai majority affimmative vote oft thei members ofthe Authority and  with the approval oft the Town of] Bermuda. Run Town Council. Adopted this the Ist day ofDecember, 2010  ATTEST: MKTh H.Leel Rollins Town Clerk  frme  Mayor    Town ofl Bermuda Run Resolution #2010-02 THE TOWN OFI BERMUDA: RUN  RESOLUTION! IMPLEMENTING. A' THREE. PER CENT (3%6)TOURISM OCCUPANCYTAX WITHIN WHEREAS, thel North Carolina General Assembly authorizedi the' Town ofl Bermuda. Run tol levyar room occupancy tax ofup tot three] per cent (3%) with the ratification ofSession) Law 2009-1298 on. July 9, 2010; WHEREAS. NCGS 160A-215 provides for the levy of an occupancy tax and the establishment of the Town of NOW, THEREFORL BE IT RESOLVED THAT the Town Council for the Town of Bermuda Run hereby implements at three per cent (3%) occupancy tax of the gross receipts derived from the rental of any room, lodging, or accommodation furnished by aj hotel, motel, inn, tourist camp, camp, or similar place within the municipal limits ofthe Town of Bermuda Runt thati is subject to sales taxi imposed byt the State under G.S. 105-164.4(a)(3); and BEJ IT FURTHER RESOLVED THAT the' Town Council hereby creates the Bermuda Run' Tourism Development Authority (Authority), which shall operate as public authority under the Local Government Budget and Fiscal BE: IT FURTHER RESOLVED THAT the Authority shall be comprised of no less than three and no more than seven members serving staggered two and three-year terms as appointed by the Town Council, One-third (1/3) of the seats shall bei reserved for individual's affiliated with businesses that collect the tax within the municipal limits of the Town of Bermuda Run and one-half (1/2) of the seats shall be reserved for individuals who are active in promoting travel and tourism in the Town of Bermuda Run. The Bermuda Run Town Council shall select a Chairperson from one oft the members who shall vote as a tie breaker, The Town ofl Bermuda Run) Finance Offiçer shall serve ast the ex officio finance officer for the Authority. Vacancies may be: filled by the' Town Council at any BEI ITI FURTHER, RESOLVED THAT the occupancy tax shall become effective onl December 01, 2010.  Bermudal Run' Tourism Development. Authority;  Control. Act; and  official meeting ofthe Council; and  ADOPTED thist the 12" day ofOctober 2010.  Bermuda Ru Town Council Enapm  Attest: Ahhlb H.Lee Rollins Town Clerk  Mayor    BERMUDA RUNTOURISMI DEVBLOPMENT AUTHORITY  Said. Authority shall consist of at least three (3) but noi more than seven (7), members. Members ofthe Authority shali be appointed byt thel Bermuda Run Town Council, Initial terms ofoffice shall be staggered as follows: Ifthree (3) members are appointed, one (1). member willl be appointed for three (3) years, one (1) memberv will be appointed for two (2); years, and one (1)1 member willl be appointed: for one (I)year. Ifthe Authorityinitially consists ofseven (7) members, then Four (4) members appointed: for 3 years; three (3) members appointed: for 2 years. At least one-half oft the members must be individuals who are affiliated with promoting travel and tourism within the municipal limits of Bermuda Run, At The Bermudal Run Town Council shall designate one member ofthe Authority as Chairperson and shall  lease one-third of the members must bei individuals that collect the tax. determine the compensation, ifany to bej paid to members ofthe. Authority.  PROCEEDINGS OF THE AUTHORITY  The Authority's Chairperson shall be appointed by the Town Council, The Authority shall elect a vice- chairperson and: secretary from its members. Meetings ofthe Authority shall bel held at the call oft the Chairperson and at such other times as the Authority may determine. The Authority shall adopt rules of procedure to govern its meetings. Thel Finance Officer oft the Town ofBermuda. Run shall serve as the  ex-officio finance officer ofthe Authority.  Members associated promoting travel and tourism within the' Town of1 Bermuda Run;  1. 2. 1.  3 Year term 2 Year term 1Year Term  Members associated with collecting the tax;  Ex-officio member;  1. Town ofBermuda. Run Finance Officer