of CHARR  TOWN OF CRAMERTON BOARD OF COMMISSIONERS  EST.  1915  RONNIE WORLEY, MAYOR WILL CAUTHEN, MAYORPRO-TEMPORE  RO  COMMISSIONER SAM CARPENTER COMMISSIONER DEMETRIOS KOUTSOUPIAS COMMISSIONER TAMMY LAWRENCE COMMISSIONER SANDRAR. WARE  COMMISSION MEETING THURSDAY, APRIL 17, 2014, 7:00 PM G.M. MICHAEL COMMISSION CHAMBER  AGENDA  1., Call to Order and Determination of Quorum. 2. Adoption of Agenda For This Meeting.  3. Public Comment  Anyone. may speak on any issue. If you have a specific item on the agenda that you are presenting, please wait until the appropriate time. If you are here to speak at a public hearing, please wait until the public hearing has been opened for public comment on that particular item. Before speaking, please state your name and address. Please limit comments to three minutes. 4. Review and Discussion of Agenda Items Requiring a Public Hearing  a. Public Hearing To Receive Public Input Regarding a Request to Amend Section 7.3.6 of the Town of Cramerton Land Development Code That Addresses Minimum Residential Lot Size in Neighborhood Business  Zoning District.  Motion to Open Public Hearing  Presentation of Information from Staff, Mr. Kevin Krouse  Public Comment  Board Questions and Comments Motion to Close Public Hearing  TOWN OF CRAMERTON: MISSION STATEMENT  With "Pride in our Past and Faith in our Future", the' Town of Cramerton's mission ist to earn the: respect of all our citizens through our commitment toj providing the best possible essential services in the most cost effective and environmentally responsible way, by our conscientious government team devotedt to a' "citizen first" policy.  1    b. Public Hearing To Receive Public Input Regarding a Proposed Text Amendment to Section 7.2.1 of the Town of Cramerton Land Development Code Ielecommunications (Cell' Tower) Section of the Town  of Cramerton Land Development Code. Motion to Open Public Hearing  Presentation of Information from Staff, Mr. Kevin Krouse  Public Comment  Board Questions and Comments Motion to Close Public Hearing  Public Hearing To Receive Public Input Regarding a Proposed Text Amendment to the Town of Cramerton Land Development Code to  Regulate Breweries.  Motion to Open Public Hearing  Presentation of Information from Staff, Mr. Kevin Krouse  Public Comment  Board Questions and Comments Motion to Close Public Hearing  5. Update from Two Rivers Utilities, Mr. Mike Bynum and Updates from Cramerton Department Heads (Town Attorney, Police Chief, Fire Chief, Town Clerk, Town Planner, Finance Director, and more as needed).  6. Town Manager Report: Update on Recreation Trails Grant Application, FY  2015 Budget Update, and Update on Miscellaneous Items.  7. Review and Discussion of Agenda Items Not Requiring a Publiç Hearing a. Discussion and Possible Action to Approve the March 4, 2014, March 20, b. Discussion and Possible Action to Set a Public Hearing for May 6, 2014t to Receive Public Comment Regarding the Proposed Conditional Rezoning  2014,and April 1,2014 Meeting Minutes.  of the Cramer Mountain Clubhouse.  Recommend Action to Set the Public Hearing for May 6, 2014.  TOWN OF CRAMERTON! MISSION: STATEMENT  With" "Pride in our Past and Faith in our Future", the' Town of Cramerton's missioni is to earn ther respect ofa all our citizens through our commitment toj providing thel best possible essential services in the most cost effective and environmentally responsible way, by our conscientious government team devoted to a "citizen first" policy.  2    C. . Discussion and Consideration of Adoption of the Revised Title III: Administration of the Town of Cramerton Code of Ordinances. Presentation of Information by Town Manager, Michael Peoples.  d. Discussion and Possible Action to Adopt a Capital Project Ordinance for the Lakewood and Eagle Road Sidewalk Project. Presentation of Information by Mr.JoelLineberger, Finance Director.  Recommend Action to Approve the Proposed Capital Project  Ordinance.  e. Discussion and Possible Action to Approve the Contract with NCDOT for the Lakewood Greenway Project. Presentation of] Information by Mr.  Kevin Krouse.  Recommend Action to Approve the Proposed Contract with  NCDOT.  8. Update on Continuing Projects: a. Update on NCDOT Projects  C.C. Dawson Bridge Project, Lighting, and Planning a Bridge  Opening Celebration.  b. Update on Goat Island Park, Phase II (Schedule, Bidding Process,  Permitting, and USDA Funding).  9. Business Items/Topics of Discussion for Each Commissioner:  10. Adjournment.  TOWN OF CRAMERTON MISSION! STATEMENT  With' "Pride in our Past and] Faith in our Future", the Town of Cramerton'si missioni is to earn thei respect of all our citizens through our commitment to providingt the best possible essential servicesi in the most cost effective and environmentallyi responsible way, by our conscientious government team devoted tos a' "citizen first" policy.  3    Upcoming Meetings and Events 7:00 p.m. Special Budget Meeting (Rescheduled from Thursday, April 24") 7:00 p.m. Regular Meeting 7:00 p.m. Workshop Meeting 7:00 p.m. Regular Meeting  May 1, 2014 May 6, 2014 May 22, 2014 June 3, 2014 June 26, 2014 July1,2014  Town Hall Town Hall Town Hall Town Hall Town Hall Town Hall  (Public Hearing for the Proposed FY2015 Budget)  7:00 p.m. Workshop Meeting 7:00 p.m. Regular Meeting (July Regular Meeting Historically Cancelled)  Planning and Zoning Board Meetings are held every' Third Tuesday at' 7:00pm at' Town Hall Beautification Committee Meetings are held every First Monday at 5:30pm at' Town Hall Parks and Recreation Advisory Board Meetings are held every First! Monday at' 7:00pm at' Town  Hall  TOWN OF CRAMERTONI MISSIONS STATEMENT  With "Pride in our Past and Faith in our Future", the' Town of Cramerton's mission ist to earn the respect ofa all our citizens through our commitment to providing the best possible essential services in thet mosto coste effective and environmentally responsible way, by our conscientious government team devoted toa a' "citizen first" policy.  4    Tounof amerton ESt.1915  Memo from the Town of Cramerton Planning Department  To: CC: From: Date: Re:  Town Board of Commissioners Michael Peoples; Town Manager Kevini Krouse; Planning Director 4/11/2014 Applicant Nick Parker  Agenda Item 4a -Text Change to reduce minimum lot size in B-1  BACKGROUND  Staffr met with Nick Parkeri in February 20141 regarding property he owns between Hamrick Road and South New Hope Road which is zoned B-1; Neighborhood Business. He proposed plans for single family homes in this mixed use district but the minimum lots sizes allowed did not permit the density he wanted to create. Upon staff's recommendation, Mr. Parkeri filed an application for a text change to the Land Development Code on March 3, 2014. The request is to reduce the minimum lot size fors single family residential in the B-1 zoning district to 6,000s sq/ft (currently  9,000) PLANNING BOARD  The Planning Commission met March 18, 2014 to review the request. The Commission voted The Planning Commission stated that the B-1 zoning district wasi intended to allow forr more density and because it was a mixed use district, the land should be maximized.  unanimously to recommend approval oft the text change.  STAFF RECOMMENDATION  Staff recommends approval oft the request with the following additional language: "Single-family dwellings -9,000 square feet however may be reduced to 6,000 square feet if proposed structure meets the design requirements as found In Section 5.16" By adding the language above you provide an incentive to produce al better residential product while protecting the Town from a product not intended by reducing the lot size, Staff  recommends approval based ont the following:  5    oeaa amerton  Thel B-12 zoning district makes upa asmall partofo Cramerton. Only 56 parcels are: zoned B-1so this will not create ar multitude ofs small residentiall lots. Them maipantyoftheSblotsare Thel B-1 district isar mixed use district locatedi int two small pockets along S. New Hope Road and' Wilkinson Boulevard west of Market Street. These areas are intendedi to be of higher density thant the R-1,R-2, and R-3 residential: zoning districtsy yet ther minimum lots sizei in B-1is thes same as R-3. Itwould make sense that the! lots sizesi in B-1s shouldl bes smaller Many of the old lots created before zoningi in old town and new town average between 5000-6000: square feet. Although small, ifthe design requirements for residential found in section! 5.16 are mety you can still create an attractive productt thath has stood thet test oft time.  already developed  6    Section' 7.3.6 B-1Neighborhood Business) District  (NOTE: DESIGN CRITERIAI FORI NON-RESIDENTIAL USES LOCATED! IN THEB B-1 DISTRICTAREFOUND  INSECTION7235.)  A. MinimumLotArea 1.  Single-family dwellings Nine-thousand (9,000) square feet (Staff recommends - May be reduced to Six-Thousand (6,000) square feet if proposed structure meet the design requirements as Day care center, small group- Nine-thousand (9,000) square feet Familycareh home-Nine-thousand (9,000) square feet  found in Section 5.16)  2. 3. 4.  Private residential quarters - Same as single-family dwelling if attached toj principal dwelling; fifty (50%) percent morei ifd detached 5. Two-Family Dwellings Twelve-thousand (12,000) squarei feet 6. Bed and Breakfast Inn Twelve-thousand (12,000) square feet Rooming house- Nine-thousand (9,000) squarei feet Planned Unitl Development- Referto Chapter 12  7. 8. 9.  All Other Uses- None  B. MinimumLotWidth  1. 2. 3. 4.  Single-familydwlings- Eighty (80)f feet (Staff recommends Sixty (60) feet) TwoamlyDwelings- Ninety (90)f feet Bed and] Breakfast) Inn- Ninety (90) feet Privater residential quarters. Eighty(80)t feet 5. Daycare center, smali group- Eighty(80)t feet 6. Family carel home- Eighty (80) feet Roomingl house Eighty (80) feet Planned Unitl Development- - Refer to Chapter 12  7. 8.  9. AlI Other Uses- Seventy (70) feet  7    C. Minimum Front Setback (as measured from the edge oft the streetright-of-way  line) 1. 2. 3. 4. 5. 6. 7. 8. 9.  Singl-familywellings- Thirty(30) feet (Staff recommends twenty (20) feet) Two-FamilyDwellings- - Thirty( (30) feet Bed and] Breakfast Inn- Thirty (30) feet Privater residential quarters- Thity(30) feet Daycare center, small group- Thirty (30) feet Family care home- Thirty (30) feet Roomingl house- Thirty (30) feet Planned Unitl Development- Refert to Chapter 12 AlIOther Uses- Thirty (30) feet  D. Minimum SideSetback  1. 2. 3.  Singe-familydwelings: Nine ()feet (Staff recommends eight (8): feet) Private residential quarters-N Nine (9) feet Two-FamlyDwelings: Nine (9) feet 4. Bed andl Breakfast Inn Nine (9)feet 5. Day care center, small group Nine (9)1 feet Rooming house- Nine (9)f feet Family carel home- Nine (9)f feet Planned Unit Development- Refert to Chapter 12  6. 7. 8.  9. All Other Uses - Ten (10) feet, except twenty (20) feet shall be required on all side yards that abut a public or private street or whicha abutal lot locatedina ReidentalR)Distric:  E. Minimum Rear Setback  8    1. 2. 3.  Single-famiydwelings: -Thirty(30)feet Privater residential quarters-Thiry0O,fet Two-FamiyDwellings- - Thirty(30)feet 4. Bed andl Breakfast Inn Thirty (30)f feet  5.  Day care center, small group Thirty (30) feet 6. Fmilyearehoma-Thiry (30) feet Rooming! house- -Thirty (30) feet Planned Unit Development- Refert to Chapter 12 whose rear yard abuts a Residential  7. 8.  9. All Other Uses Twenty (20) feet, except thirty (30) feet on all lots  (R)District.  F. Maximum] BuildingHeight  1.  Planned UnitI Development- Refert to Chapter 12 Section5ofeisOndmne  2. All Other Uses Thirty-five (35) feet, except as providedin  G. MaximumGross. Areal Per Principal Use  1.  Planned Unit Development- Refert to Chapter 12  2. All Other Uses, except single-family dwellings, bed and breakfast inn, two-family dwellings, small group day care centers, family care home and rooming houses-1 Tanthouanddoosgare feet  H. Screening  Asr required per Section 5.2ofthis Ordinance  9    Section 5.16 Residential Architectural Design Standards - AIIZ Zoning Districts  5.16.1 General Requirements  A. Useable porches and stoops should form a predominate motif of the building design and be located on the front and/or side of the home. Useable front porches are at least six (6): feet deep and extend more than 50% of the façade. B. Garages with front-loading bays (if permitted) shall be recessed from the front façade of the house and visually designed to form a secondary building volume. If aj porch covers 60% or more of the front façade, the garage shall be recessed a minimum of six (6) feet from the plane of the main building façade. Ifa porch covers less than 60% of the front façade, the garage shall be recessed a minimum of ten (10) feet from the plane of the main building façade. At all times, the garage must be set back a minimum of twenty (20) feet from the sidewalk to allow unobstructed pedestrian access. C. Two car garages visible from the street shall be designed with two single doors for consistency of visual proportion. All garages with more than two bays shall be turned such that the bays are: not visible from the street. D. Side Loaded Garages may be permitted on corner lots from the non-fronting E. All front entrances shall be raised from the finished grade (at the building  street.  line) ai minimum of 1%2 feet.  5.16.2 Materials  A. Residential building walls shall be wood clapboard, wood shingle, wood drop siding, wood board and batten, brick, stone, stucco, or if vinyl; the front façade may be no more than 25% vinyl mixed with any of the previous materials. Accessory buildings shall be clad in materials residential in nature B. Garden walls may be of brick, stone or stucco: matching the principal building. Front yard fences shall be wood picket or wrought iron only and no more than three (3) feet in height. Side yard fences shall be no more than four (4) feet in height. Side and rear yard fences may be chain link, wood, wrought iron, or similar material. Rear yard fences shall be no more than six (6) feet in height and any rear yard fence over four (4) feet in height shall be wood or similar material. Rear yard fences may not extend beyond the rear corners of the principal structure. Fences shall be constructed such that the finished (sheathed) side is oriented towards adjoining lots, streets, or the public right-  and appearance.  of-way.  10    C. Residential roofs shall be clad in wood shingles, standing seam finished: metal,  terne, slate, architectural asphalt shingles.  5.16.3 Configurations  A. Main roofs on residential buildings shall be symmetrical gables or hips with a pitch between 4:12 and 8:12. Monopitch (shed) roofs are allowed only if they are attached to the wall of the main building. No monopitch roof shall be less B. Two wall materials may be combined horizontally on one façade. The heavier - Exterior chimneys shall be finished with materials residential in nature and  than 4:12.  material should bel below. appearance.  D. The undercroft of buildings shall be enclosed.  5.16.4 Techniques  A. Overhanging eaves may expose rafters.  B. Flush eaves shall be finished by profiled molding or gutters.  5.16.5 Existing Neighborhoods  The requirements, materials used and techniques for repair or remodeling of existing structures and construction of new structures or infill development in existing neighborhoods shall be consistent with the surrounding structures and plans shall be  submitted to and approved by the' Town.  11    Ksag, amerton  Memo from the Town of Cramerton Planning Department  To: CC: From: Date: Re:  Town Board of Commissioners Michael Peoples; Town Manager Kevin Krouse; Planning Director  4/11/2014  Agenda Item 4b - Text change to cell tower ordinance  BACKGROUND  Thisi is a staff initiated text amendment to the Telecommunications (Cell Tower) Ordinance. . After reviewing applications for co-locations for existing towers ity was discovered that the current ordinance was very out dated and did not reflect current legislation nor did it reflect the A model ordinance was drafted by the NCLM with attorneys representing both the cities and the tower industry. The model ordinance is good however it doesn'taddress. some oft the regulatory items that ai town may still address. Staff has updated the current ordinance to take alli the mandatory items from the model ordinance andi incorporate them into the existing ordinance  current review standards for the industry.  while removing requirements no longer enforceable.  PLANNING BOARD  The planning board met March 18, 20141 to review the text change. They voted unanimously to approve thet text change as written. There was discussion- about the setback requirements and  the fall zone but no change recommended from what was presented.  STAFF RECOMMENDATION Staffr recommends approval  12    7.2.1 Telecommunication Towers.  1. Cemsisent-wit-he-TelesisiwrAa-F196,ts-de mient-eF-the-Towa-efCnmesten-e-low-amsassieatien-prevides-the Ppetumiy-elee-owePemsiaaaliwihiEPasing assiassiresirepeowasitefwmiiPisauswwe Whepretetg-e-hehel-saiey-méwelaredleeHineReNS-eFCMaRee: WEReless-ewes-maybecemsderdumnéaishewlaeryPer-types-eF-ses-es: eably-reskdentia,thersore-spesa-regaoN--RRSEnsare-hat ydvene-siess-peaagss-dmevdpmenaemitgia 1. The Purpose of this Wireless Telecommunications Ordinance is to provide for the public health, safety and welfare by ensuring that residents, businesses and public safety operations in The Town of Cramerton have reliable access to telecommunications networks and state of the art mobile broadband communications services while also ensuring that this objective is accomplished according to The' Town of Cramerton's zoning, planning and design standards. To accomplish the above stated objectives and to ensure that the placement, construction or modification of wireless telecommunications facilities complies with all applicable federal laws, including without limitation Section 6409 of the federal Middle Class Tax Relief and Job Creation Act of 2012, 47U.S.C. 1455(a), which, among other things, creates a national wireless emergency communications network for use by first responders that in large measure will be dependent on facilities placed on existing wireless communications support structures. Byenactingt this Ordinancei iti is the Town of Cramerton's intent to ensure Cramerton has sufficient wireless infrastructure to support its public safety communications throughout Cramerton and to ensure access to reliable wireless communications services.  2.  Definitions:  For the purposes oft this Ordinance, the following definitions apply: Abandonment - Cessation of use of a wireless support structure for wireless telecommunications activity for at least the minimum period of time specified Accessory Equipment - Any equipment serving or being used in conjunction with a wireless facility or wireless support structure. The term: includes utilityor transmission equipment, power supplies, generators, batteries, cables, equipment buildings, cabinets and storage sheds, shelters or similar structures. Administrative Approval - Approval that the Zoning Administrator or designee is authorized to grant after administrative review.  under this ordinance.  Administrative Review - Non-discretionary evaluation of an application by  7-1  13    the Zoning Administrator or designee. This process is not subject to aj public hearing. The procedures for administrative review are established in Section IV. Antenna - Communications equipment that transmits, receives or transmits and receives electromagnetic radio signals used in the provision of all types Base Station - A station at a specific site authorized to communicate with mobile stations, generally consisting of radio transceivers, antennas, coaxial Carrier on Wheels or Cell on Wheels (COW) Aj portable self-contained wireless facilitythat can be moved to al location and set upt toj provide wireless services on at temporary or emergency basis. A COW is normally vehicle-mounted and contains a telescoping boom as the antenna support structure. Collocation - The placement or installation of wireless facilities on existing structures, including electrical transmission towers, water towers, buildings and other structures capable of structurally supporting the attachment of wireless Concealed Wireless Facility Any wireless facility that is integrated as an architectural feature of an existing structure or any new wireless support structure designed to' camouflage or conceal the presence of antennas or towers sot that the purpose oft the facility or wireless support structure: is not readily Electrical Transmission Tower An electrical transmission structure used to support high voltage overhead power lines. The term shall not include any Eligible Facilities Request - A request for modification of an existing wireless tower or base station that involves collocation of new transmission equipment or replacement of transmission equipment but does not includea Equipment Compound - An area surrounding or near the base of a wireless support structure within which are located wireless facilities. Existing Structure - A wireless support structure, erected prior to the application for an eligible facilities request, collocation or substantial modification under this ordinance, which is capable of supporting the attachment of wireless facilities. Thei term includes but is not limited to, electrical transmission towers, buildings and water towers. The term shall not include any  of this Ordinance.  of wireless communications services.  cables, power supplies and other associated electronics.  facilities in compliance with applicable codes.  apparent to a casual observer.  utility pole.  substantial modification.  utility pole.  7-2  14    Fall Zone. The area in which a wireless support structure may be expected to fall in the event ofa structural failure, as measured by engineering standards. Monopole - A single, freestanding pole-type structure supporting one or more antennas. For the purposes oft this Ordinance, a monopole is not at tower ora Ordinary Maintenance Ensuring that wireless facilities and wireless support structures are kept in good operating condition. Ordinary maintenance includes inspections, testing and modifications that maintain functional capacity and structural integrity; for example, the strengthening of a wireless support structure's foundation or of the wireless support structure itself. Ordinary maintenance includes replacing antennas of a similar size, weight, shape and color and accessory equipment within an existing equipment compound and relocating the antennas to different height levels on an existing monopole or tower upon which they are currently located. Ordinary maintenance does not Replacement Pole - Pole of equal proportions and of equal height or such other height that would not constitute a substantial modification to an existing structure in order to support wireless facilities or to accommodate collocation. Requires removal of the wireless support structure it replaces. Substantial Modification - The mounting of aj proposed wireless facility or wireless facilities on: a wireless support structure that substantially changes the physical dimensions of the support structure. A mounting is presumed to beas substantial modification ifiti meets any one or more of the following criteria: (i) increases the existing vertical height of the wireless support structure by (a) more than ten percent (10%), or (b) the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, (ii) adds an appurtenance to the body yof a wireless support structure that protrudes horizontally fromt the edge oft the wireless support structure more than twenty (20) feet, or more than the width of the wireless support structure at the level of the appurtenance, whichever is greater (except where necessary to shelter the antenna from inclement weather or to connect the (iii) increases the square footage of the gxisting equipment compound by more than 2,500 square feet."  utility ypole.  include substantial modifications.  whichever is greater;  antenna to the tower via cable);  7-3  15    Tower- A lattice-type structure, guyed or freestanding, that supports one or more Utility Pole A structure owned and/or operated by ap public utility, municipality, electric membership corporation or rural electric cooperative that is designed specifically for and used to carry lines, cables, or wires for telephone, cable television, or electricity, or toj provide lighting. Water Tower A water storage tank, or a standpipe or an elevated tank situated on a support structure, originally constructed for use as ai reservoir or Wireless! Facility or Wireless Facilities The set ofe equipment andi network components, exclusive of the underlying wireless support structure, including, but not limited to, antennas, accessory equipment, transmitters, receivers, base stations, power supplies, cabling and associated equipment necessary to Wireless Support Structure A freestanding structure, such as a monopole or tower, designed to support wireless facilities. This definition does not include 3. Administrative Review and Approval. Thei following types of applications are subject to the administrative review process as provided in section four a. New wireless support structures that arel less than sixty (60) feeti in b. New wireless support structures that are less than two hundred (200) Concealed wireless facilities that are sixty (60) feet or less in height, in d. Concealed wireless facilities that are one hundred fifty (150) feet or less in height, in any zoning district except residential districts e. Monopoles or replacement poles located on public property or within utility easements or rights-of-way, in any: zoning district f. COWs, inanyzoning district, ift the use oft the COW is either noti in response to a declaration of an emergency or disaster by the Governor, orw will last in excess of one hundred-twenty (120) days  antennas.  facility to store or deliver water.  provide wireless telecommunications services.  utilitypoles.  (4)  height, in any zoning district; feet in height, in any Industrial District; any residential district;  Substantial modifications h. - Collocations  4. Conditional Use Permits. Any application for wireless facilities and/or wireless support structures not subject to administrative review and approval pursuant to this Ordinance shall be permitted in any district upon the granting of a Conditional Use Permit from the Zoning Board of Adjustment in accordance with the standards for granting  7-4  16    conditional use permits found in Section 20 oft thel LDC.  5.  Requirements for new structures  A. All towers shall be of a monopole design and construction in all districts except theI(Industrial)s district. Lattice design may be used int thel district. Notwithstanding the above, al lattice tower design mayl be approved by the' Town Board in other districtsi if the appliçant can prove: it is required for structural integrity. Any new tower, height increase to an existing tower, or co-location on an existing tower, shall be subject to the issuance ofa conditional use permit byt the' Town! Board.  B. The tower shall be located on al lot with a minimum area oft two (2) acres. Any such tower shall bel located a minimum of one hundred (100) feet from a principal residential structure located The maximum allowable height of a tower shall generally be 125 feet. A higher tower height may be approved by the Town Board if the applicant can prove the 1251 foot height will not allow for the provision of adequate service levels (i.e. cannot meet reasonable service coverage area) ori if thei increased height isr related to co-location. Ifa aj permit is issued for a tower that must be higher than 199.9 feet, the provider shall attempt to produce in good faith a Concealed Wireless Facility "istealth" ResnaeleaieBs-TNP-ReNdearee: bHildingdisguises-e-ek'kesesemetamgelsetie-steeples,be D. Itis the intent of the Town to encourage providers to CO- locate facilities in an effort to reduce the number of telecommunication towers in the Town's Planning Jurisdiction. The Town may require providers to negotiate in good faith with other provider's space at a reasonable lease cost, and to publicize the fact that space is available on a lease basis as part of the conditional use process. No tower may bel located within 1,500 linear feet of an existing tower unless the applicant can prove that co-location is not a viable option. E. Where a telecommunication tower is located on a lot with an existing principal use, the tower shall be located in the rear yard only. In addition, an access road at least twelve (12) feet wide shall be maintained from aj public street to the tower for usel by F. Atewercane-seprePAAa*SeNeailiema-use-perai  on an adjacent lot  towers,ete.)  service and emergency vehicles.  7-5  17    be-denied-en-the-basis-efenvireRVirAReRta-eF-healh-eeneers ehting-e-mdie-emisiseiflewaPlempleswihheedent Ralie-FipsyBamision-sia-Smik-Hewerwn The applicant must provide documentation proving to the Town that the proposed tower does comply with all applicable Federal Radio  FrequencyEmission Standards  G. All accessory structures on the ground which contain switching equipment or other related equipment must be designed to substantially resemble the neighborhood's basic architecture, or the architecture and style of any principal use on the property. The equipment compound area surrounding the wireless support structure must be of sufficient size to accommodate accessory equipment for the appropriate number co-location telecommunications providers H. An opaque screen shall be required along all sides of the perimeter of the telecommunication tower site. In addition, a minimum eight foot high fence is required immediately around the tower and any equipment building(s), with the screening to be located on the outside of the fenced area. It will be the responsibility of the provider to keep all landscaping material free from disease and properly maintained in order to fulfill the purpose for which it was established. The owners of the property, and any tenant on the property where screening is required, shall be jointly and severally responsible for the maintenance of all screen materials. Such maintenance shall include all actions necessary to keep the screened area free of litter and debris, to keep plantings healthy, and to keep planting areas neat in appearance. Any vegetation that constitutes part of the screening shall be replaced int the event it dies I. Towers having al height of 199.9 feet or less shall not contain lights or light fixtures at a height exceeding fifteen (15) feet. Furthermore, lighting of all towers in any district shall be directed toward the tower and/or accessory uses to reduce J. Towers and related facilities must be removed if abandoned (no longer actually used for telecommunication purposes) for a period greater than ninety (90) consecutive days. The Town may request a surety bond from the owner to ensure the financing is available tor remove thet tower  the effect of glare  6.  Review and approval process  7-6  18    A. Content of Application Package forl New Sites 1. Application form signed by applicant  2. Copy of lease or letter of authorization from property owner evidencing applicant's authority to pursue application. Such submissions need not disclose financial 3. Site plans detailing proposed improvements which complies with the Town of Cramerton's Zoning requirement. Drawings must depict improvements related to the applicable requirements including property boundaries, setbacks, topography, elevation sketch, and 4. Written description and scaled drawings of the proposed wireless support structure or wireless facility, including structure height, ground and structure design, and proposed 5. Documentation from a licensed professional engineer of calculation of the fall zone and certification that the wireless support structure has sufficient structural integrity to accommodate the required number of additional users as 6. Number of proposed antennas and their height above ground level, including the proposed placement of antennas on the 7. Line-of-site diagram or photo simulation, showing the proposed wireless support structure set against the skyline and viewed from at least four (4) directions within the 8. Copy of lease or letter of authorization from the property owner evidencing applicant's authority to pursue zoning application. Such submissions need not disclose financial 9. A statement that the proposed wireless support structure will be made available for collocation to other service providers at commercially reasonable rates, provided space  lease terms; and  dimensions of improvements  materials  provided in this ordinance. wireless support structure  surrounding areas  lease terms  is available  B. Content of Application Package for other sites/facilities 1. Application form signed by applicant. 2. For collocations and substantial modifications, written verification from a licensed professional engineer certifying that the host support structure is structurally and mechanically capable of supporting the proposed additional antenna or configuration of antennas.  7-7  19    3. For substantial modifications, drawings depicting the improvements along with their dimensions.  7. The Town Board reserves the right to deny a conditional use permit for a telecommunication tower on the basis of negative influence on property values or on aesthetic conçerns provided that there is competent and material evidence to prove the impact on adjacent property owners will be significant. The Town Board must clearly state its reasons and the relevant evidence of the impact on adjacent propexty values or aesthetics ift the request is denied on  this basis. 8.  eTewpemuge-ieyphsmdawwAEPBRRNPAe-N sising-aiosaraia-:--whmrauie-Ne msingiwylelw-asdA-Rs he-shertest-sireightmedstamseheiwesiweeeaehoNeeFa-Waer-ewereF letie-ansmision-rumke-esPplc-w-povethat-eatingentae wateriewererelestiesietasmisviB-oweweris-mol-easible 9. Alleppision-erscenapmieN ewer-mstimeade-elewsehe PisaheaesegesPRANPP léentifeationefintemdedpevidere:  Cesieion-bya-regiseghrds:te--swsw: sineamahisegiye-seswsemaesdashe: Aeafiawitws-ieeww owerandhewrethersbeaseemamsen: DeeumentationthatheleleemimsercmpHes-WAARe eiemaiRatieepeneyamisomsamsae, Deeumentationthattewersever125eetaremeesary-eFA-PHmal-leve: Seramigifepiaa.mwwwwXw  efservicejand  dpuape  7-8  20    Touno! amerton 5L.1915  Memo from the Town of Cramerton Planning Department  To: From: Date: Re:  Michael Peoples; Town Manager Kevin Krouse; Planning Director Brewery Ordinance - PublicH Hearing  3/13/2014  Iken 4c.  Ayl  Brewing and distributing craft beer is al booming industry in NC. There are now over 85 craft brewers in our state with an annual economic impact of $791 million ($33.9 billion in U.S.). Because of the local economici impact and tourism opportunities created with Breweries they To be proactive, staff recommends addressing Breweries in the Town LDC. The Town of Cornelius recently adopted an ordinance that their staff put allot of research into and wet findit to_be a very good ordinance. Our attorney, Bill Brown is familiar in the ordinance and recommended it as a model. Attached is the proposed ordinance redrafted to fit into The planning commission will review the request April 15. Staff will provide their  have! become desirable uses in a Town.  Cramerton'sLDC.  recommendation at the Board of Commissonersmetny.  Staff recommends approval.  21    Large Brewery  An establishment where beer and malt beverages are made on the premises at an annual rate of over15,000 barrels ("465,000g gallons) per year and may contain at taproom  Microbrewery  An establishment where beer and malt beverages are made on the premises and then: sold or distributed, and which produces less than 15,000 barrels ("465,000 gallons) per year. The brewer maysellto aretailer or directly to a customer. A microbrewery must contain a taproom.  Taproom  A room that is ancillary to the production of beer at a brewery, microbrewery,  and restaurant- brewpub where the public can purchase and/or consume only the beer produced on 7.2.37 LARGE BREWERY (B-2, B-3,1,CBD: as a use by right;R-lasat conditional use)  site.  A. Structure must be a minimum of three hundred (300) linear feet from any residential dwelling unit on a residentially: zoned property, as well as three hundred (300) linear feet from any school  or house ofv worship facility.  B. Outdoor storage of goods and materials used in assembly, fabrication, or processing shall not C.A screening bufferi is required where al large breweryi is adjptmttoaresdentialy zoned  exceed 25% of the gross floor area of all buildings onak lot  Property in accordance with! Section 5.2  6220MICROBREWERY (B-1, B-2, B-3,1, CBD as ause by right)  A. Structure must be a minimum of three hundred (300) linear feeti from any residential dwelling unit on a residentially zoned property, as well as three hundred (300) lineari feet from any B. Production cannot exceed 15,000 barrels ("465,000 gallons) of beer per year.  school or house of worship facility.  C.S Shall provide at taproom.  D. Outdoor storage ofg goods and materials shall not be permitted in B-1 and CBDI Districts. E. Outdoor storage of goods and materials used in assembly, fabrication, or processingi in bes screened from view, and shall note exceed 25% oft the gross floor area of all buildings onal lot. F. Must not operate outside thet facility between the hours of 9:00 pmi and 7:00 am.  the B-2, B-3 and Idistricts shall  22    G.A screening buffer is required where a microbrewery is adjacent to a  residentially: zoned property  PARKING  Microbrewery & Restaurant/Brewpubs: One (1) space per 3 customers, orone (1) space per 250 Large Brewery- One (1) space per employee, and one (1) space per 3 customersi ifat taproom is provide  square feet of gross floor area, whichever is greater  23    05 CRAME  EST.  1915  CARDI  Agenda Item 6. Town Manager Updates  A. Update on Recreation Trails Grant Application.  B.FY 2015 Budget Update  C.Miscellaneous Information.  24    OE CRAM  EST.  1915  366  y CARDI  Agenda Item 7b. Review and Discussion of Agenda Items  Not Requiring a Public Hearing  Discussion and Possible Action to Set a Public Hearing for May 6, 2014 to Receive Public Comment Regarding the Proposed Conditional Rezoning of the Cramer Mountain  Clubhouse.  Recommend Action to Set the Public Hearing for May 6,  2014.  25    O5 CRAMI  EST.  1915  CARDIS  Agenda Item 6d. Discussion and Possible Action to Adopt a Capital Project Ordinance for the Lakewood  and Eagle Road Sidewalk Project.  Presentation of Information by Mr. Joel Lineberger,  Finance Director.  Recommend Action to Approve the Proposed Capital Project  Ordinance.  77    CAPITALPROJECT ORDINANCE FOR THE LAKEWOOD ROAD AND  EAGLE ROAD SIDEWALK PROJECT  BE IT ORDAINED by the Governing Board of the Town of Cramerton, North Carolina, that, pursuant to Section 13.2 of Chapter 159 of the General Statues of North  Carolina, the following capital project ordinance is hereby adopted:  Section 1. The project authorized is for the construction ofa five foot sidewalk and curb and gutter along the west side of Lakewood Road from the C.C. Dawson Bridge to Eagle Road. The project would then consist of a crosswalk across Lakewood along the south side of Eagle Road and continue with the construction of a five foot sidewalk and curb and gutter to the Norfolk Southern Right of Way. The North Carolina Department of Transportation has stated they would participate in the funding of this project. This project would connect the Town of Cramerton and the City of Belmont along the Carolina Thread  Trail.  Section 2. The officers of this unit are hereby directed to proceed with the capital  project within the terms oft the grants and the budget contained herein.  Section 3. The following amounts are appropriated for the project: Construction of 5 Sidewalk and Curb and Gutter Site Planning, Design,and) Permitting  $250,000.00 50,000.00 50,000.00 $350,000.00  Contingency TOTAL  Section 4. The following revenues are anticipated to be available to complete this N.C Department of Transportation Bike and Pedestrian Funding: $100,000.00 Town ofCramerton Powell Bill Funds and/or General Funds  project:  Miscellaneous Funds TOTAL  20,000.00 230,000.00 $350.000.00  Section 5. The Finance Officer is hereby directed to maintain within the capital project ordinance sufficient specific detailed accounting records to satisfy the requirements  oft the grantor agency, the grant agreements, and federal regulations.  Section 6. Funds may be advanced from the General Fund for the purpose of making payments due. Reimbursement requests should be made to the grantor agency in an  orderly and timely manner.  Section 7. The Finance Officer is directed to report, on: a quarterly basis, the financial status of each project element in Section 3 and on the total grant revenues received or  claimed.  Section 8. Copies of this capital project ordinance shall be furnished to the Finance  Officer for direction in carrying out this project.  78    THIS ORDINANCE APPROVED THIS THE 17h DAY OFAPRIL2014.  Ronald E. Worley, Mayor Town of Cramerton  ATTEST:  Wilene Cunningham Town Clerk  79    Of CRAME  EST.  1915  363  1 CARDI  Agenda Item 6e. Discussion and Possible Action to Approve the Contract with NCDOT for the  Lakewood Greenway Project.  Presentation of Information by Mr. Kevin Krouse.  Recommend Action to Approve the Proposed Contract  with NCDOT.  80    Executive Summary  The Executive Summary is a summation oft this agreement andi is noti intended to be used as the agreement between the Department (North Carolinal Department of Transportation)  and the Party (Entity). Entity: Town of Cramerton TIP: EB-5535  County: Gaston  Project: Lakewood Park" Trail from Lakewood Park to US29/74  Scope: construction of Lakewood Park Trailf from! Lakewood Parkt tol US 29/74 in Cramerton.  Eligible Activities:  Design Environmental ROW Acquisition Utility Relocation  PE ROW CON OTHER FEDERAL-AID  50050.1.1  50050.3.1 Construction STPEB-1238  Fund Source Federal Funds Reimbursement Non-Federal  Non-Federal Match Rate 20%  Amount  Rate 80% $760,000  Match $ $152,000  Bike/Pedestrian $608,000 Total Estimated Cost  Responsibility: The Town of Cramerton shali be responsible fora all aspects of thej project.  Agreement ID: # 4807  81    NORTHCAROLINA GASTON COUNTY NORTHCAROLINADEPARTMENT OF TRANSPORTATION.  LOCALLY ADMINISTERED PROJECT-  FEDERAL  DATE: 2/27/2014 TIP#: EB-5535 WBS Elements: PE 50050.1.1 ROW CON 50050.3.1  AND  TOWN OF CRAMERTON  OTHERFUNDING: FEDERAL-AID NUMBER: STPEB-1238 CFDA#: 20.205  Total Funds [NCDOT Participation] $760,000  THIS AGREEMENT is made and entered into on thel last date executed! below, by and between the North Carolina Department of Transportation, an agency of the State ofl North Carolina, hereinafter referred to as the" Department" and the Town of Cramerton, hereinafter referred to as the  Municipality".  WITNESSETH:  WHEREAS, Section 1113 oft the Safe, Accountable, Flexible, Efficient Transportation Equity Act-A Legacy for Users (SAFETEA-LU), establishes Bike/Pedestrian funds (STP-EB) funds, which require that federal funds be available for certain specified transportation activities; and, WHEREAS, the Town of Cramerton has requested federal funding for Lakewood Park" Trail, hereinafter referred to as thel Project, in Gaston County, North Carolina; and, WHEREAS, subject to the availability of federal funds, the Municipality has been designated as a recipient to receivet funds allocated tot thel Department by the Federal Highway Administration (FHWA) up to and not to exceed the maximum award amount of $608,000fort the Project; and, WHEREAS, pursuant to SL 2013-183, the Department will provide thei non-federal match for the STP- WHEREAS, thel Department has agreed to administer the disbursement of saidt funds on behalf of FHWA to the Municipality for thel Project in accordance with the Project scope of work andi in  EB funds for al limited time; and,  accordance with the provisions set outi in this Agreement; and,  WHEREAS, the Department has programmed funding int the approved Transportation Improvement  Program for thel Project; and, Agreement ID: # 4807  1  82    WHEREAS, the governing board of the Municipality has agreed to! participate in certain costs andi to assume certain responsibilities int the manner and to the extent asi hereinafter set out; and, WHEREAS, this Agreement is made under the authority grantedt to the Department byt the! North Carolina General Assembly including, but not limited to, the following applicable legislation: General Statutes of North Carolina (NCGS) Section 136-66.1, Section 136-71.6, Section 160A-296 and 297, Section 136-18, Section 136-41.3 and Section 20-169, to participate int the planning, construction and/ori implementation oft thel Project approved by the Board of Transportation. NOW, THEREFORE, this Agreement states the promises and undertakings ofe each party as herein provided, andt the parties dol hereby covenant and agree, each with the other, ast follows:  1. GENERAL PROVISIONS  FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT  All parties to this Agreement, including contractors, subcontractors, and subsequent workforces, associated with any work undert the terms of this Agreement shall provide reports as required by the Federal Funding Accountability and' Transparency Act (FFATA) fort this Project.  AGREEMENT MODIFICATIONS  Anyr modification to this Agreement willl be agreed uponi in writing! by all parties prior to being Any increases tot thet funding amount willl be agreed upon by all parties by means ofa  implemented.  Supplemental Agreement.  LOCAL PUBLIC AGENCY TO PERFORM ALL WORK  The Municipality shall be responsible for administering all work performed and for certifying tot the Department that allt terms sett forthi int this Agreement are met and adheredi tol byt the Municipality and/ori its contractors and agents. The Department will provide technical oversight to guide the Municipality. Thel Department must approve any assignment ort transfer oft the responsibilities of  the Municipality set forth int this Agreement to other parties or entities.  Agreement ID# #4 4807  2  83    PERSONI IN RESPONSIBLE CHARGE  Thel Municipality shall designate aj person or persons to be inr responsible charge of the Project, in accordance with Title 23 of the Code of Federal Regulations, Part 635.105. The person, or  persons, shall be expected to:  Administer governmental project activities, including those dealing with cost, time, adherence to contract requirements, construction quality and scope of Federal-aid Maintain knowledge of day to day project operations and safety issues; Make or participate in decisions about changed conditions or scope changes that Visit and review thej project in accordance with thej project scope ands scale; Review financial processes, transactions and documentation to reduce thel likelihood Direct project staff, agency or consultant, to carry out project administration and Be aware oft the qualifications, assignments and on-the-job performance of the  projects;  require change orders or supplemental agreements;  offraud, waste, and abuse;  contract oversight, including proper documentation; and agency and consultant staff at all stages of the! praject.  The person in responsible charge must be ai full-time employee of the Municipality, but the duties  may be split among several employees, ifr necessary, COMPLIANCE WITH STATE/FEDERAL POLICY  Thel Municipality, andlor its agent, including all contractors, subcontractors, or sub-recipients shall comply with all applicable Federal and State policies and procedures, stated both ini this Agreement and int the Department's guidelines and procedures, including the Local Programs  Management Handbook.  FALURETOCOMPLY-CONSEQUENCES  Failure on the part oft thel Municipality to comply with any oft the provisions oft this Agreement wili be grounds fort the! Department to terminate participation in thec costs of the Project and, if  applicable, seek repayment of any reimbursedi funds.  Agreement ID: # 4807  3  84    2. SCOPE OF PROJECT  Thel Project consists of construction of Lakewood' Park" Trail from Lakewood Parkt tol US2 29/74i in Thel Department's funding participation int the Project shall be restricted tot thet following eligible  Cramerton. items:  Design ROWAcquisition Construction  as further set forth int this Agreement.  3. FUNDING  Subject to compliance byt thel Municipality with the provisionss setf forth int this Agreement and the availability of federal funds, thel Department shall participate upt to amaximum amount of Six Hundred Eight Thousand Dollars ($608,000), as detailed below. The Department will provide state funds fort the non-federal match to the STP-EB funds. The Municipality shall provide all  costs that exceed thet total estimated cost.  FUNDING TABLE  Fund Source Federal Funds Reimbursement Non-Federal  Non-Federal 20%  Amount  Rate 80%  Statel Match $ Match Rate  Bike/Pedestrian $608,000 STP-EB Total Estimated Cost 4. TIME FRAME  $152,000  $760,000  The Municipality, andlor its agent, shall complete pre-construclion activities, toi include Environmental Document, Right of Way Certification and final PS&E package, by 06/30/2015, in order to authorize construction funds priori tot the end oft the State Fiscal Year (June 30, 2015). If the funding is not authorized by. June 30, 2015, thel Municipality forfeits the state match for the STP-EB1 funds, and will instead provide additional localf funds to coveri ther non-federal match for the STP-EB funds. A supplemental agreement will! be requiredi iffunding is nota authorized by  June 30, 20151 to address changes tot funding and delivery schedule.  Agreement ID: # 4807  4  85    The Municipality shall complete the Project by 06/30/2016. Completion fort this Agreement is defined as completion of all construction activities, acceptance of the project, and submission ofa The Department and/or FHWA reserves the rightt to revoke thei funds awarded ifthe Municipality  final reimbursement package toi the Department. is unable tor meet milestone datesi included herein. 5. PRELIMINARY ENGINEERING AUTHORIZATION  IfPreliminary Engineering is an eligible expense, then upon receipt of an executed agreement, the Department willa authorize Preliminary Engineeringi funds and shall notify thel Municipality, in writing, once funds have been authorized and can be expended. The Municipality shall not initiate any work, nor solicit for any professional services priort toi receipt ofv written authorization from the! Department to proceed. Any work performed, or contracts executed, prior to receipt of  written authorization to proceed will bei ineligible for reimbursement. 6. PROFESSIONAL AND ENGINEERING SERVICES  Thel Municipality shall comply with the policies and procedures oft this provision ift the Municipality isr requesting reimbursement fori the Preliminary Engineering contract or the Construction Contract. Administration. /Construction Engineering and Inspection contract.  PROCUREMENT POLICY  When procuring professional services, the Municipality must adhere to Title 49 Code of Federal Regulations Part 18.36; Title 23 oft the Code of Federal Regulations, Part 172; Title 40 United States Code, Chapter 11, Section 1101-1104; NCGS 143-64, Parts 31 and 32; and the Department's Policies and Procedures for Major Professional or Specialized Services Contracts. Said policies and standards are incorporated int this Agreement by reference at ww/fiwa.dotgovlegsregsleasaLntm andy wneEaneLANgIPRSauesSatesae The Municipality shalle ensure that a qualified firmi is obtained through an equitable selection process, and that prescribed work is properly accomplished in at timely manner AllI Professional Services Firms shall be pre-qualified by thel Department ini thel Work  and at aj just and reasonable cost.  Codes advertised.  Agreement ID #4807  5  86    Apre-negotiation audit will be conducted by thel Department's External Audit Branch. The Municipality shall note execute a consultant contract untilt the Department's review has  been completed.  SMALL PROFESSIONAL AND ENGINEERING SERVICES FIRMS REQUIREMENTS Any contract entered into with another party to perform work associated with ther requirements of this Agreement shall contain appropriate provisions regarding the utilization of Small Professional Services Firms (SPSF). This policy conforms with the SPSF Guidelines as approved by the  North Carolina Board of Transportation.  The Municipality shall not advertise nor enteri into a contract fors services performed as part oft this Agreement, unless the Department provides written approval oft the  advertisement or the contents of the contract. funding until these requirements are met.  Ifthel Municipality fails to comply with these requirements, the Department will withhold  WORK BY ENTITY  Ifthe Design, Planning, Contract Administration andlor Construction Engineering and Inspection required for this project willl be undertaken byt the Municipality, andt thel Municipality requests reimbursement, then the Municipality must submit a request and supporting documentation to the Department for review and approval, prior to any work beingi initiated by the Municipality.  7. PLANNING/ENVIRONMENTAL DOCUMENTATION  The Municipality shall prepare the environmental andlor planning document, including any environmental permits, needed to constructi the Project, in accordance with thel National Environmental Policy Act (NEPA) and all other appropriate environmental laws and regulations. Ally work shall be performed in accordance with Departmental procedures and guidelines. Said documentation shall be submitted tot the Department for review and approval.  Thel Municipality shall be responsible for preparing andi filing with all proper agencies the appropriate planning documents, including notices and applications required to apply for those permits necessary' fori the construction of the desiredi improvements. Copies of approved permits should bef forwarded tot thel Department. The Municipality shall advertise and conduct any required public hearings.  Agreement ID: #4807  6  87    Ifany permit issued requires that action be taken to mitigate impacts associated with the improvements, the Municipality shall design and implement a mitigation plan. The Department will determine ifany mitigation costs are eligible for reimbursement, The Municipality shall bear all costs associated with penalties forv violations and claims due to Thel Municipality shall be responsible for designing an erosion control plan ifr required by thel North Carolina Sedimentation Pollution Control Act of 1973, NCGS 113A, Article 4, AACAOIEGERDBSEUESALESaSP and obtaining those permits required thereby in order to construct thel Project. During the construction of thei improvements, the Municipality, andi its contractors and agents, shall be solely responsible for compliance with the provisions of said Act and the plana adopted in compliance therewith.  delays.  incorporated ini this Agreement by reference at  8. DESIGN  CONTENT OF PLAN PACKAGE  Thel Municipality, and/or its agent, shall prepare the Project'splans, specifications, and a professional estimate of costs (PS&E package), in accordancewith the Departments guidelines and procedures, and applicable Federal and State standards. Allwork shall! be submitted to the Department for review and approval. The plans shall be completed to show the design, site  plans, landscaping, drainage, easements, and utility conflicts. 9. RIGHT OF WAY/UTILITY AUTHORIZATION  Ift the costs of right of way acquisition or utility relocation are an eligible expense, the Municipality shall submit al letter of request tot thel Department to authorize and set up right of way and/or utility funding. The acquisition for right of way, construction easements, and/or utility relocation may be undertaken only after the Municipality receives written authorization from the Department to  proceed.  10.PROJECT LIMITS AND RIGHT OF WAY (ROW)  SPONSOR PROVIDES ROW  The Municipality, at no liability whatsoever to the Department, shall be responsible for providing  andlor acquiring any required ROW and/or easements fort the Project.  Agreement ID: # 4807  7  88    ROW GUIDANCE  The Municipality shall accomplish all ROWactivities, including acquisition andi relocation, in accordance with thet following: Title 23 oft the Code of Federal Regulations, Part 710, Subpart B and" Title 49 oft the Code of Federal Regulations, Part 24, [Uniform Actj incorporated byr reference aty MMAdSiNSREeaNdidhesamtoehune NCGS, Chapter 133, Article 2, Sections 133-51 through 133-18, Relocation Assistance, incorporated! byr reference at ACROneISBscIOR5RSaesSEaLIEaE: and the North Carolina Department of  Transportation Right of Way Manual.  APPRAISAL  Ift the costs of ROW acquisition are an eligible expense, the Municipality shali submit the appraisal tot thel Department's Right of Way Branch forr review and approval in accordancewith  Departmental policies and procedures. CLEARANCE OF PROJECT LIMITS /ROW  The Municipality shall remove and dispose of all obstructions ande encroachments of any kind or character (including hazardous and contaminated materials) from said ROW, withi the exception that the Municipality shall secure an encroachment agreement for any utilities (which shall remain orare) to be installed within the ROW. The Municipality shall indemnify and save harmless the Department, Federal! Highway Administration, and the State ofl North Carolina, from any and all damages and claims for damages that might arise on account ofs said righto of way acquisition, drainage, and construction easements fort the construction of said Project. Thel Municipality shall bes solely responsible for any damages caused byt the existence of said material now and at any time int thei future and wills save thel Department harmless from anyl legal actions arising as a result of this contaminated andlor hazardous material and shall provide the Department with  documentation provingt the proper disposal of said material.  RELOCATION ASSISTANCE  The Municipality shall provide relocation assistance services and payments fori families, businesses, and non-profit organizations being displaced byt thel Project int fulla accordance with thel Federal relocation requirements of Title 49 Code of Federal Regulations, Part 24 [Uniform Act), as amended. Relocation assistance services and payments mayl be accomplished by contract with any other municipal corporation, or State or Federal agency, rendering such services upon approval byt the! Department and Federal Highway Administration.  Agreement ID: # 4807  8  89    11.UTILITIES  Thel Municipality, and/or its agent, at no liability tot the Department, shall relocate, ad;ust, relay, change or repair allt utilities in conflict with the Project, regardless of ownership. All utility work shalll be performedi in ar manner satisfactory to andi in conformance with State and Federal rules andr regulations, prior tol Municipality beginning construction ofthep project. This Agreement does notr modify or supersede any existing Utility Encroachment Agreements that may! be in place.  12.RIGHT OF WAY CERTIFICATION  Thel Municipality, upon acquisition of all right of way/property necessaryf for the Project, shall provide thel Right ofv Way Agent, located at the Department's Local Right of Way Office, all required documentation deeds/leases/easementplans) to secure righto of way certification from that office. Certification is only issued after all ROWis inj public ownership or property is publicly accessible by al legal document and utilities in conflict with thep project are relocated.  13.CONSTRUCTION AUTHORIZATION  Thel Municipality shall submit the required environmental and/or planning document, ROW certification, final construction plans, total contract proposal, and an estimate of Project costs  (final PS&E package) to thel Department for review and approval.  After approval ofa all documentation, the Department will request construction authorization from the! Federal Highway Administration. The Municipality shall not advertise for bids prior to receiving written construction  authorization from thel Department.  14.CONTRACTOR PROCUREMENT ADVERTISE FORI BIDS  Upon receipt of written construction authorization from the Department, the Municipality may advertise the Project. Thel Municipality shall follow applicable Federal and/or State procedures pertaining to the advertisement of the Project, bid opening, and award oft the contract, according to Title 49 oft the Code of Federal Regulations, Part 18.36 and Title 23 oft the Code of Federal  Regulations, Part 633 and Part 635, incorporated byr referenceat  Agreement ID: # 4807  9  90    w.wadctcoulessadleciheslanatesahm: and NCGS, Chapter 143, Article 8 (Public Contracts), incorporated by reference aty wwnegneloasaisseSBUIEsABP  CONSTRUCTION CONTRACTOR REQUIREMENTS  All Contractors submitting bids on the project shall be! pre-qualified byt thel Department. All proposed subcontractors must be pre-qualified before construction work begins. Any subcontractors who are proposed to meet the Disadvantaged: Business Enterprise goal must be  certified byt the Department.  CONSTRUCTION SUBCONTRACTOR REQUIREMENTS  Any contract entered into with another party to perform work associated with the requirements of this Agreement shall contain appropriate provisions regarding the utilization of Disadvantaged Business Enterprises (DBEs), or as required and defined in Title 49 of the Code of Federal Regulations, Part 26 and thel North Carolina Administrative Code. These provisions are tpslcomnesinoasicowibATIRsPasNsIGAPoRissk  incorporated into this Agreement by reference  The Municipality shall not advertise nor enter into a contract for services performed as part oft this Agreement, unless thel Department provides written approval of the  advertisement or the contents oft the contract. funding until these requirements are met.  Ifthe! Municipality fails to comply with these requirements, the Department will withhold  AWARDING CONTRACT  After the advertisement of the Project for construction bids, thel Municipality shall request concurrence fromi thel Department to award the construction contract by submitting al letter along with tabulated bids received depicting! Disadvantaged Business Enterprises (DBE) goals, anda la resolution recommending award of thel Project to thel lowest responsible, responsive bidder. The Department will review the submitted information and provide written approval tot the! Municipality  priort to the contract being awarded by the Municipality.  DELAY INI PROCUREMENT  Int the event thel Project has not been let to contract within six (6) months after receiving construction authorization from thel Department, thel Municipalily shall be responsible for  Agreement ID: # 4807  10  91    documenting to the Department justification for project delay andt that the Project remains in compliance with thet terms of this Agreement, the approved plans and specifications, and current  codes.  FORCE ACCOUNT  Force account worki is only allowed when there is ai finding of cost effectiveness fort thev work tol be performed bys some method other than a contract awarded by a competitivel bidding process, or there is an emergency. Written approval from the Department is required prior to the use of force account by thel Municipality. Federal Highway Administration regulations governing Force Account are contained in Title 23 Code of Federal Regulations, Parte 635.201, Subpart B; said www.fhwa.dotgovlegsregsdreclves/ct23toc.htm. North Carolina General Statutes governing the use of Force Account, Chapter 143, Article 8 (Public Contracts) can bet found at  policy! being incorporated in this Agreement by reference  wwngeanelsasctpasSiauresSalesasp  15.CONSTRUCTION  Thel Municipality, and/ori its agents shall construct the Projecti ina accordance witht the plans and specifications oft the Project as filed with, and approved by, thel Department. During the construction oft thel Project, the procedures set out below shall bet followed:  CONSTRUCTION CONTRACT ADMINISTRATION  Thel Municipality shall comply with thel NCDOT Construction Manual as referenced: at ttp/www.ncdotorldoncperatonscpadp-AsrcnerAsreng.cosnugtonuntfomanmanualslconstnuc tion/, which outlines the procedures for records and reports thatr must be adhered toi in ordert to obtain uniformity of contract administration and documentation. Thisi includes, buti is not limited to, inspection reports, material test reports, materials certification, documentation of quantities, project diaries, and pay records. The Municipality, andlor its agent, shall perform the construction engineering, sampling and testing required during construction of the Project, in accordance with Departmental procedures, including the Department's Guide for Process Control and Acceptance Sampling and Testing. Thel Municipality shall document that said compliance was accomplished ina accordance with State andl Federal procedures, guidelines, standards and specifications.  RETAINAGE  Thel Municipality shall not retain any portion ofa a payment duet the contractor,  Agreement ID; #4 4807  11  92    SIGNAGE  The Municipality shall provide and maintain adequate signage and other warning devices fort the protection oft the public in accordance with the approved traffic control plans for the Project and the current edition of the Manual on Uniform Traffic Control Devices (MUTCD) for Streets and Highways, or any subsequent revision oft the same, publishedi byt thel Federal Highway Administration and effective at thet time of award of the contract.  SITE LAYOUT  Thel Municipality shall be responsible for ensuring that all site layout, construction work, and Project documentation are in compliance with applicable city, state andi federal permits, guidelines, and regulations, including American Association of State Highway and' Transportation Officials (AASHTO) guidelines and Americans with Disabilities Act (ADA) Standards for  Accessible Design www.usdol.govletladalstispdf.ntm,  RIGHT TOI INSPECT  Thel Department and representatives oft thel Federal Highway Administration shall have the right toi inspect, sample or test, and approve or reject, any portion oft the work being performed by the Municipality or thel Municipality's contractor to ensure compliance with the provisions of this Agreement. Prior to any payment byt thel Department, any deficiencies inconsistent with approved  plans and specifications found during an inspection must be corrected.  CONTRACTOR COMPLIANCE  Thel Municipality willl be responsible fore ensuring that the contractor complies with all oft the terms oft the contract and any instructions issued byt the Department or FHWA as ar result of any review  ori inspection made by said representatives.  CHANGE ORDERS  Ifa any changes int the Project plans are necessary, the Department must approve such changes  prior to the work being performed. SHOP DRAWINGS  Shop Drawings shall be submitted in accordance with the approved plans and specifications and  may require review by the! Designer.  Agreement ID: #4807  12  93    16.CLOSE-OUT  Upon completion oft the Project, the Municipality shall be responsible fort the following:  FINAL INSPECTION  Thel Municipality shall arrange for ai final inspection by the Department. Any deficiencies determined during thet final field inspection must be corrected prior to final payment being made byt thel Department tot the Municipality. Additional inspection by other entities may be necessary ina accordance with the Department's guidelines and procedures. The Municipality shall provide the! Department with written evidence of approval of completed project prior tor requesting final  reimbursement.  FINAL PROJECT CERTIFICATION  Thel Municipality will provide a certification to thel Department that all work performed fort this Project is in accordance with all applicable standards, guidelines, and regulations.  17.MAINTENANCE  The Municipality, at no expense or liability to the Department, shall assume all maintenance responsibilities fort thel Lakewood Park Trail from! Lakewood Park to US29/74, ora as required by  an executed encroachment agreement. 18.REIMBURSEMENT  SCOPE OF REIMBURSEMENT  Activities eligible forf funding reimbursement fort this Project shall include:  Design ROW Acquisition Construction  Agreement ID: #4807  13  94    REIMBURSEMENT GUIDANCE  Thel Municipality shall adhere to applicable administrative requirements of Title 49 Code of Federal Regulations, Part 18 a.naStoVsseNdipsheattsahn and Office of Management: and Budget (OMB) Circulars A-102 wwhitehoumasowlemel) "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments." Reimbursement to thel Municipality shall bes subject tot the policies and procedures contained in Title 23 Code of Federal Regulations, Part 140 and Part 172, whichi is A.wadeisaRasdheslspatoc.hn and by Office of Management and Budget (OMB) Circular/ A-87 nwshleroisasoomemberuissinges.hm "Cost Principles for State, Local, and Indian Tribal Governments." Reimbursement to the Municipality shall be subject to the ntp/ledocketaccessdDO90V2PIORCIt2010-22705pdh and Office of Management and Budget (OMB) "Federal Funding Accountability and Transparency. Act" (FFATA). Said reimbursement shall also be subject to the Department being reimbursed byt the Federal Highway Administration and subject to compliance byt thel Municipality with all applicable federal policy and procedures.  being incorporated into this Agreement byr reference at  guidance contained in' Title 2 Code of Federal Regulations, Part 170  REIMBURSEMENT LIMITS  WORKI PERFORMED BEFORE NOTIFICATION  Any costsi incurred by the Municipality prior to written notification by the Department to  proceed with the work shall not be eligible for reimbursement. NOI REIMBURSEMENT INI EXCESS OF APPROVEDFUNDING At noi time shall the Department reimburse the Municipality costs that exceed thet total funding per this Agreement and any Supplemental Agreements.  UNSUBSTANTIATED COSTS  The Municipality agrees that it shall bear all costs for whichi iti is unable to substantiate actual costs or any costs that havel been deemed unalowable by thel Federal Highway Administration and/or thel Department's Financial Management Division.  WORKI PERFORMED BYI NCDOT  Ally work performed by the! Department on this Project, including, but notl limited to, reviews, inspections, andl Project oversight, shall reducei the maximum award amount of  Agreement ID# #4807  14  95    $608,000 available tot thel Municipality under this Agreement. Thel Department willl bill the Municipality for the non-federal match of any costs that the Department incurs ont the Project andi for any costs that exceed the Total Estimated Cost.  CONSTRUCTION, ADMINISTRATION  Reimbursement for construction contract administration will! ber made as governed by Departmental policy that limits reimbursement: for construction contract administration to no more thant fifteen (15%) percent oft the actual construction contract oft the Project. These costs will alsoi include any cost overruns and charges tot the Project by the  Department during the Construction Phase. CONSTRUCTION CONTRACT UNIT PRICES  Reimbursement for construction contract work willl ber made ont the basis of contract unit prices ini the construction contract and any approved change orders.  RIGHT OF WAY  Reimbursement willl be limited to the value as approved! byt thel Department. Eligible costs for reimbursement of Right of Way Acquisition include: realty appraisals, surveys, closing costs, and the agreed upon just compensationt for thep property, at the reimbursement rate as shown int the FUNDING TABLE.  FORCE ACCOUNT  Invoices for force account work shall show a summary oflabor, labor additives, equipment, materials and other qualifying costsi in conformance witht thes standards for allowable costs set forthi in Office of Management and! Budget (OMB) Circular A-87 Citp/hwnwewhitehouseowomber.ulers default) "Cost Principles for State, Local, and Indian Tribal Governments." Reimbursement shall bet based on actual eligible costs incurred with the exception of equipment owned by thel Municipality or its Project partners. Reimbursement rates for equipment ownedbyt thel Municipality or its Project partners cannot exceed the! Department's rates in effect for the time periodi iny which the  work is performed. BILLING THE DEPARTMENT PROCEDURE  Agreement ID: # 4807  15  96    Thel Municipality may bill the Department fore eligible Project costs in accordance with the Department's guidelines and procedures. Proper supporting documentation shall accompany eachi invoice as may be required byt thel Department. By submittal ofe each invoice, the Municipality certifies that itl has adhered to alla applicable state andi federal Along with each invoice, thel Municipality is responsible for submitting thel FFATA ntp/www.nedot.gowlprogranslEnhancementPolecannsiraton/rorms.  laws and regulations as set forthi int this Agreement. Subrecipient Information Form, whichi is available at  INTERNAL APPROVALS  Reimbursement to the Municipality shall be made upon approval oft thei invoice by the  Department's Financiall Management Division. TIMELY SUBMITTAL OF INVOICES  The Municipality may invoice the Department monthly for work accomplished, but no less than once every six (6) months to keep the Project funds active and available. Ifthe Municipality is unable to invoice the Department, thent they must provide an explanation. Failure to submit invoices or explanation may resulti inc de-obligation offunds.  FINALINVOICE  Alli invoices associated with thel Project must be submitted within six (6) months of the completion of construction and acceptance oft the Projectt to! bee eligible forr reimbursement by the Department. Any invoices submitted after thist time willr not be eligible for  reimbursement.  19.REPORTING REQUIREMENTS AND RECORDS RETENTION  PROJECT EVALUATION REPORTS  The Municipality is responsible fors submitting quarterly Project evaluation reports, in accordance with thel Department's guidelines and procedures, that detail the progress achieved to datet fort the  Project.  Agreement ID: # 4807  16  97    PROJECT RECORDS  The Municipality andi its agents shall maintain all books, documents, papers, accounting records, Project records and such other evidence as may be appropriate! to substantiate costs incurred under this Agreement. Further, the Municipality shalli make such materials available ati its office ands shall require its agent to make such materials available ati its office at all reasonable times during the contract period, and fort five (5) years from the date of payment of thei final voucher by the Federal Highway Administration, fori inspection and audit byt the Department's! Financial Management Section, the Federal Highway Administration, or any authorized representatives of  thel Federal Government. 20.OTHER PROVISIONS REFERENCES  Itwill bet the responsibility of the Municipality tot follow the current and/or most recent edition of references, websites, specifications, standards, guidelines, recommendations, regulations and/or  general statutes, as stated in this Agreement. INDEMNIFICATION OF DEPARTMENT  The Municipality agrees to indemnify and hold harmless thel Department, FHWA and the State of North Carolina, tot the extent allowed by law, for any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with this Project, The Department shall not be responsible for any damages or claims, which may bei initiated byt third  parties.  DEBARMENT POLICY  Itis the policy of thel Department nott to enter into any agreement with parties that have been debarred by any government agency (Federal or State). By execution oft this agreement, the Municipality certifies that neither itr nori its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excludedi from participation int this transaction by any Federal or State Agency or Department andt thati ity willr note enter into agreements with any entity thati is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excludedf from participation int this transaction.  Agreement ID # 4807  17  98    AUDITS  Ina accordance with OMB Circular A-133, "Audits of States, Local Governments and Non-Profit Organizations" ntp/www.whtehousegovomberulars default) and the Federal Single Audit Act Amendments of 1996, the Municipality shall arrange for an annuali independent financial and compliance audit of its fiscal operations. The Municipality shallf furnish the Department witha copy of the annuali independent audit report withini thirty (30) days of completion of the report, but  not later than nine (9) months after thel Municipality's fiscal year ends.  REIMBURSEMENT BY MUNICIPALITY  For all monies due the Department as referenced in this Agreement, reimbursement shall be made by the Municipality to the Department within sixty (60) days ofreceiving an invoice. Al late payment penalty and interest shall be charged on any unpaid balance duei in accordance with  NCGS 147-86.23.  USE OF POWELL BILL FUNDS  Ift the other party to this agreement is al Municipality and fails fora any reason to reimburse the Department in accordance with the provisions for payment hereinabove provided, NCGS 136- 41.3 authorizes the Department to withhold so much of the! Municipality's: share off funds allocated toN Municipality by NCGS 136-41.1, until such time as the Department has received payment in  full.  ENTIRE AGREEMENT  This Agreement contains the entire agreement between the parties and there are no understandings or agreements, verbal or otherwise, regardingt this Agreement except as  expressly set forth herein. AUTHORIZATION TO EXECUTE  The parties hereby acknowledge that thei individual executingt the Agreement ont their behalfi is authorized to execute this Agreement on their behalf and tol bindt the respective entities tot the terms contained herein and that he has readt this Agreement, conferred with! his attorney, andi fully  understands its contents.  Agreement ID: # 4807  19  99    FACSIMILE SIGNATURES  A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy oft the Agreement as binding as an original, and the parties agree that this Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement tol be bound by the terms oft the Agreement.  GIFTBAN  By Executive Order 24, issued by Governor Perdue, and' NCGS 133-32, iti is unlawfuli for any vendor or contractor (i.e. architect, bidder, contraotor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (ie. Administration, Commerce, Correction, Crime Control and Public Safety, Cultural Resources, Environment and Natural Resources, Health and Human Services, Juvenile Justicea and Delinquency Prevention,  Revenue, Transportation, and the Office oft the Governor).  21.SUNSET PROVISION  All terms and conditions of this Agreement are dependent upon, and subject to, the allocation of funds for the purpose set forthi in the Agreement andi the Agreement shall automatically terminate ITISUNDERSTOOD AND AGREED that the approval oft thel Project byt the Department is subject to the conditions of this Agreement, andi that no expenditures offunds ont the part oft the Department willl ber made until the terms of this Agreement have been complied with ont the part of  iffunds cease tol be available.  thel Municipality.  Agreement ID#4 4807  20  100    IN WITNESS WHEREOF, this Agreement has been executed, in duplicate, the daya and year heretofore set out, on the part of the Department and the Municipality by authority duly given.  ATTEST: BY: TITLE: DATE:  TOWN OF CRAMERTON  BY: TITLE: DATE:  NCGS 133-32 and Executive Order 24 prohibit the offer to, or acceptancel by, any State Employee of any gift from anyone with a contract with the State, or from any person seeking to dol business with the State. By execution of any response int this procurement, you attest, fory youre entire organization andi its employees or agents, that you are not aware that any such gifth has been offered, accepted, or  promised by any employees of your organization.  Approved by. signature of  ofthe Town of Cramerton as attested tol by the  Clerk oft the.  on  (Date)  This Agreement has! been pre-audited int the manner required byt the Local Government Budget and Fiscali  Control Act.  (SEAL)  (FINANCE OFFICER) Federal Tax Identification Number Town of Cramerton Remittance Address:  DEPARTMENT OF TRANSPORTATION  BY: (CHIEF ENGINEER) DATE:  APPROVED BY BOARD OF TRANSPORTATIONITEMI 0:  (Date)  Agreement ID# #4807  21  101    Of CRAM  EST.  1915  S W  1 CARDI  Agenda Item 7. Update on Continuing Projects:  a. Update on NCDOT Projects  C.C.Dawson Bridge and Lighting, and Planning a  Bridge Opening Celebration.  b.Update on Goat Island Park, Phase II  Schedule, Bidding Process, Permitting, and USDA  Funding.  102