Mlacon Counly  CON COUN  CARS  MACON COUNTY BOARD OF COMMISSIONERS  NOVEMBER 9, 2021 6P.M. AGENDA  1. Call to order and welcome by Chairman Tate  2. Announcements 3. Moment of Silence 4. Pledge of Allegiance 5. Public Hearing(s) - 6 p.m.  (A). Amended and Restated Macon County Soil Erosion and (B)Amended and Restated Voluntary Farmland Preservation (C)Amended and Restated Macon County Water Supply Watershed NOTE: Following the close of the public hearing(s), the board may choose to act on any or all of the amended and restated ordinances.  Sedimentation Control Ordinance  Ordinance  Protection Ordinance  6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. eports/Presentations  (A) Update on Vaya Health Regional Advisory Board - Shelly Foreman, Community Relations Regional Director, Vaya (B) Report from 4-H - Tammara Cole Talley, North Carolina Cooperative Extension 4-H and Youth Development Agent  Health  MACON PHONE 828-349-2000 COUNTYO COURTHOUSE, ANNEX  5WEST MAIN STREET  FRANKLIN, NORTH CAROLINA: 28734  FAX: 828-349-2400    10.Old Business  (A) Final approval of Temporary Assistance to Needy Families (TANF) Electing County Plan for Macon County Department of Social Services (DSS) - Patrick Betancourt, DSS Director (B)Consideration of Change Order #012 on Macon Middle School Renovation project - Jack Morgan, Planning, Permitting and  Development Director  11.New Business  (A) Proposed creation of Macon County Citizens Advisory Committee regarding Franklin High School project 1 (B) Consideration of resolution concerning compensation for incoming sheriff and register of deeds County Attorney Eric Consideration of approval of revised Form "3-1" for Southwestern Community College (SCC) Fire Rescue Training  Commissioner Shields  Ridenour  Center - County Manager Derek Roland  12.Consent Agenda - Attachment #12  All items below are considered routine and will be enacted by one motion. No separate discussion will be held except on request of a member of the Board of  Commissioners.  (A) Minutes of the October 12, 2021 regular meeting (C) Tax releases for the month of October (pending)  (B) Budget Amendments #92-93  (D)Monthly ad valorem tax collection report (pending) = no action  necessary 3.Appointments  (A) Recreation Commission (tentative) (B) Vaya Health Regional Advisory Board (2 seats) 14.Closed session as allowed under NCGS, if needed  15.Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - PUBLIC HEARINGS  MEETING DATE: November 9, 2021  We again have a trio of public hearings on the agenda, and again all three County Attorney Eric Ridenour has been working to revise the county's ordinances regarding soil erosion and sedimentation control, voluntary farmland preservation and water supply watershed protection in order to bring them into compliance with North Carolina General Statute 160D. Ac copy of each notice of public hearing is included in the agenda packet, and the notices appeared in the October 27, 2021 and November 3, 2021 editions Also included in the packet are copies of each amended and restated Immediately following the close of the public hearings, the board may consider taking action on any or all of the revised ordinances, and Mr. Ridenour has provided resolutions of approval for each one, copies ofv which Once approved, the updated ordinances will be made available on the  involve amendments to existing ordinances.  of The Franklin Press as required.  ordinance.  are also included in the packet.  county's website.    NOTICE OF PUBLIC HEARING  Please take notice that the Macon County Board of Commissioners will conduct a public hearing on Tuesday, November 9, 2021 at 6:00 p.m. in the Commission Boardroom located on the third floor of the Macon County Courthouse, located at 5 West Main Street, Franklin, NC 28734, concerning the proposed "Amended and Restated Macon County Soil Erosion and Sedimentation Control Ordinance," which amends and restates the presently existing Macon County Soil Erosion and Sedimentation Control Ordinance. Public comment upon the same shall be received  at this public hearing. The public is invited to attend this public hearing.  The proposed amendments are for the purpose of bringing the Macon County Soil Erosion and Sedimentation Control Ordinance into compliance with Chapter 160D oft the North Carolina General Statutes and G.S. $I13A-50 et seq. The proposed amendments can be viewed on the county's website, www.maconnc.org. under "Public Announcements," and al hard copy may be obtained in the lobby at the Courthouse Annex Building, 5 West Main Street, Franklin,  North Carolina.  This the 22nd day of October, 2021. Derek Roland, Ex Officio Clerk to the Macon County Board ofCommissioners    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR ANAMENDED. AND RESTATED "MACON COUNTY SOIL EROSION AND  SEDIMENTATION CONTROL ORDINANCE"  WHEREAS, the Macon County Board of Commissioners originally adopted the Macon County WHEREAS, the same has been amended and/or restated from time to time in order to make WHEREAS, the Board of Commissioners wishes to make certain specific amendments to the Ordinance in order to bring the Ordinance into compliance with G.S. 160D and G.S. 113A-50 et. WHEREAS, the Board of Commissioners has the authority to make such amendments to the Ordinance pursuant to Chapter 601 ofChapter 160D and Article 4 of Chapter 113A ofthe North WHEREAS, the required Notice of Public Hearing has been duly given and duly published in accordance with the law and the required Public Hearing in connection with such amendments has NOW,THEREFORE, BE IT ORDAINED by the Macon County Board ofCommissioners that: The Macon County Soil Erosion and Sedimentation Control Ordinance, originally adopted on November 1, 2001 and which has been amended and/or restated from time to time is hereby See Exhibit A attached hereto which is incorporated herein by reference as ifmore fully set forth  Soil Erosion and Sedimentation Control Ordinance on November 1,2001;a and  changes to the same; and  seg, and restate such Ordinance in its entirety as set forth hereinafter; and  Carolina General Statutes; and  been duly held in accordance with law.  amended and restated sO that the same will hereafter read as follows:  herein.  This the day of  2021.  Chairman, Macon County Board ofCommissioner  ATTEST:  Clerk to the Macon County Board of Commissioners    EXHIBIT A  MACON COUNTY SOIL EROSION  AND  SEDIMENTATION  CONTROL ORDINANCE  Amended: November 10, 2009 Amended: April 12,2011 Amended and Restated:  2021  1    TABLE OF CONTENTS  $153.01 $153.02 $153.03 $153.04 $153.05 $153.06 $153.07 $153.08 $153.09 $153.10 $153.11 $153.12 $153.13 $153.14 $153.15 $153.16 $153.17 $153.18 $153.19 $153.20 $153.21 $153.22 $153.23  Title. Purposes. Definitions. Scope and Exclusions. General Requirements. Mandatory Standards for Land-Disturbing Activity. Land Disturbing Permit. Erosion and Sedimentation Control Plans. Basic Control Objectives. Design and Performance Standards. Storm Water Outlet Protection Borrow and Waste Areas. Access and Haul Roads. Operations in Lakes or Natural Watercourses. Responsibility for Maintenance. Additional Measures. Fees. Appeals. Penalties. Severability.  Inspections and Investigations. Enforcement Alternatives and Injunctive Relief. Restoration After Non-Compliance.  2    $1 153.01 Ordinance. $153.02  Title.  This chapter may be cited as the Macon County Soil Erosion and Sedimentation Control  Purposes.  This chapter is adopted for the purposes of:  (A)Regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses and other public and private property by sedimentation; and (B)Establishing procedures through which these purposes can be fulfilled.  $153.03  Definitions.  The following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different  meaning:  Accelerated erosion means any increase over the rate ofr natural erosion as a result of land- Act means the North Carolina Sedimentation Pollution Control Act of 1973, as amended Adequate erosion control measure, structure or device means one which controls the soil material within the land area under responsible control of the person conducting the land-  disturbing activity.  (G.S. $$113A-50 etseq.), and all rules and orders adopted pursuant to it.  disturbing activity.  Affiliate means a person that directly, or indirectly through one or more intermediaries, Administrator means the person appointed by the Macon County Board ofCommissioners to assure compliance with the provisions ofthis Chapter and associated administration process. Approved Erosion and Sediment Control Plan means a written course of action including maps, construction schedules, drawings, calculation or assumptions, found by the Administrator or other duly appointed agent to: satisfy all requirements ofthis ordinance which details the timing and properinstallment ofe erosion control measures or devices which have a reasonable probability, ifimplemented, of restraining accelerated erosion and off site sediment damage associated with a  controls, is controlled by, ori is under common control ofanother person.  land-disturbing activity.  3    Approving Authority means the Division or other State or al local government agency that has been delegated erosion and sedimentation plan review responsibilities in accordance with the provisions of the Act. The Administrator is the approving authority for purposes of taking action under this ordinance. Wherein this ordinance specifies action will be taken by the local government, the Administrator is the intended office, except where the context clearly indicates  otherwise.  Being Conducted means a land-disturbing activity has been initiated and not deemed Borrow means fill material that is required for on-site construction and that is obtained  complete by the Approving Authority.  from other locations.  Buffer zone means the strip of land adjacent to a lake or natural watercourse.  Coastal counties means the following counties: Beaufort, Bertie, Brunswick, Camden, Cantered, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow,  Pamlico, Pasquotank, Pender, Perquimans, Tyrell and Washington.  Commission means the North Carolina Sedimentation Control Commission.  Completion ofconstruction or development means that no further land-disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent  ground cover.  Department means the North Carolina Department of Environmental Quality. Director means the Director ofthe Division of Energy Mineral and Land Resources oft the Discharge point or Point of Discharge means that point where runoff leaves a tract ofl land District means the Macon Soil and Water Conservation District created pursuant to G.S. Energy dissipater means a structure or shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity Erosion means the wearing away ofl land surfaces by the action of wind, water, gravity or  Department of Environmental Quality.  where al land-disturbing activity has occurred or enters a lake or natural watercourse.  ch. 139, as amended.  flow.  any combination thereof.  4    Ground cover means any natural vegetative growth or other material which renders the soil Hazardous Materials means those chemicals or substances which are physical hazards or High Qualily Waters (HOW) means those classified as such in 15A NCAC 02B .0224 which is herein incorporated by reference including subsequent amendments and additions. High Qualily Waler (HOW) Zones means areas in the coastal counties that are within 575 feet of high quality waters and, for the remainder of the state, areas that are within one mile and  surface stable against accelerated erosion.  health hazards, whether the materials are in usable or waste conditions.  drain to HQWs.  Lake or Natural Watercourse means any stream, river, brook, swamp, sound, bay, creek, Land-dislurbing activily means any use oft the land by any personi inr residential, industrial, educational, institutional, or commercial development, highway, and road construction and maintenance that resultsinachange int the natural cover or topography that may causeorc contribute  run, branch, canal, waterway, estuary, and any reservoir, lake or pond.  tos sedimentation.  Local Government means any county, incorporated village, town or city, or any combination of counties, incorporated villages, towns and cities, acting through a joint program pursuant to the provisions oft the. Act. The Administrator is the action agent for purposes oftaking action under this ordinance. Wherein this ordinance specifies action will be taken by the local government, the Administrator is the intended office, except where the context clearly indicates  otherwise.  Natural erosion means the wearing away of the earth's surface by water, wind, or other Off Site Sedimen! Damage means the transport of sediment across boundaries ofa land- disturbing activity, resulting in deposition of such materials in any lake or natural watercourse or ona any land, public or private, not owned by the person responsible for the land-dlistumbingactiviy.  natural agents under: natural environmental conditions undisturbed by man.  Parent means an affiliate that directly, or indirectly through one or more intermediaries Permit means a land-disturbing authorization issued by the Administrator in accordance  controls another person. with this ordinance.  5    Person means an individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative,  interstate body, or other legal entity.  Person Conducting Land-Disturbing Activily means any person who may be held responsible for a violation ofthe ordinance unless expressly provided otherwise by the Act, or any  order adopted pursuant to this ordinance or the Act.  Person Who Violates or Violator, as used in G.S. 113A-64, means any landowner or other person who has financial or operational control over the land-disturbing activity; or who has directly or indirectly allowed the activity, and who has failed to comply with any provision ofthe Act, the rules of this Chapter or any order or local ordinance adopted pursuant to the Act as it  imposes a duty upon that person.  Plan means an erosion and sedimentation control plan.  Receiving watercourse means al lake, natural watercourse or other natural or manmade area Roadmeans all roads, either permanent or temporary, used for private travel, construction vehicles, earth-moving or heavy equipment or other machinery and constructed and used in  into which stormwater runoff flows from a land-disturbing activity.  conjunction with land-disturbing activities under this chapter. being transported by water, air gravity ori ice from its site of origin.  Sediment means solid particulate matter, both mineral and organic, that has been, or is Sedimentation means the process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a Iake or nature  watercourse.  Siltation means sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which  has been deposited, or is in suspension in water.  Slope means the description of the angle of the land being disturbed with respect to horizontal. For example, a 2-1 slope would have a vertical rise or fall of1 foot for each 2 feet of  horizontal distance.  Stabilize means to establish groundcover sufficient and adequate to prevent erosion. Temporary stabilization measures are those that are sufficient to prevent erosion until the  appropriate time for establishing permanent control measures.  6    Storm drainage facilities means the system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey stormwater through and from a given drainage  area.  Stormwater runoffr means the runoff of water resulting from precipitation in any form. Subsidiary means an affiliate that is directly or indirectly through one or more Ten-year storm means a rainfall of an intensity that, based on historical data, is predicted by a method acceptable to the Approving Authority to be equaled or exceeded, on the average, once in ten years, and of a duration that will produce the maximum peak rate of runoff, for the  intermediaries, controlled by another person.  watershed ofinterest, under average antecedent wetness conditions.  Tract or site means all contiguous land and bodies of water being disturbed or to be Twenty-five year storm means a rainfall of an intensity that, based on historical data, is predicted by a method acceptable to the Approving Authority to be equaled or exceeded, on the average, once in 25 years, and ofa duration that will produce the maximum peak rate ofrunoffi for  disturbed as a unit, regardless ofownership.  the watershed ofinterest under average antecedent wetness conditions.  Uncovered means the removal of ground cover from, on, or above the soil surfaçe. Undertaken means the initiating ofa any activity, or phase ofa activity, which results, or will Velocily means the speed of flow through the cross section perpendicular to the direction oft the main channel at the peak flow of the storm of interest but not exceeding bank full flows. Waste means surplus materials resulting from on-site land disturbing activities and  result, in a change in the ground cover or topography ofa a tract ofland.  disposed of at other locations. $1 153.04 Scope and Exclusions.  This ordinance shall apply to all land-disturbing activities undertaken by any person within (A)Activities, including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry and all other forms ofagriculture, undertaken on agricultural land for the production of plants and animals useful to man, as set forth in G.S. $ 113A-52.01,  the jurisdiction of the County of Macon, with the following exclusions:  including but not limited to:  7    (1) Forages and sod crops, grain and feed crops, tobacco, cotton and peanuts.  (2) Dairy animals and dairy products. (3) Poultry and poultry products. (5) Bees and apiary products. (6) Fur producing animals.  (4) Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules and goats, including the breeding and grazing of any or all such animals.  (7) Mulch, ornamental plants, and other horticultural products, including the raising of shrubs, Christmas trees, and other nursery operations. For purposes of this section, "mulch" means substances composed primarily of plant remains or mixtures of  such substances.  (8) Trout production and other aquaculture activities.  (B)Activities undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by Forest Practice Guidelines Related to Water Quality, as adopted by the Department of Agriculture and Consumer Services. If land-disturbing activity undertaken on forestland for the production and harvestingoftimberand timber products is not conductedin: accordance with Forest Practice Guidelines Related to Water Quality, the provisions of this ordinance shall apply to such activity and any related land-disturbing activity on the (C)Activities for which a permit is required under the Mining Act of 1971, Article 7 of (D)Land-disturbing activity over which the State has exclusive regulatory jurisdiction as (E) For the duration of an emergency, activities essential toj protect human life; (F). Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigation to offset impacts permitted under Section 404 of the Clean (G)Activities undertaken pursuant to the Natural Resources Conservation Service standards to restore the wetlands functions of converted wetlands as defined in Title 7  tract;  Chapter 74 ofthe General Statutes; provided in G.S. 113A-56(a);  Water Act; and  Code ofFederal Regulations $12.2.  S 153.05 General Requirements.  (A)Land Disturbing Permit and Erosion Control Plan Required. No person shall undertake any land-disturbing activity subject to this ordinance without first obtaining aj permit from  8    the Administrator, or their designee, except that no permit shall be required for any land- disturbing activity specifically excluded in this ordinance. In addition, no person shall undertake any land-disturbing activity which disturbs more than one-halfacre or disturbs an area that has a slope of greater than 1 to 1, without having an erosion control plan approved by the Administrator, except those land-disturbing activities specifically excluded by this ordinance. It is the responsibility oft the person conducting such activities tos submit to the Administrator any application, plan or form required and/or to apply to (B)Protection of Property. Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. In addition, they will be held responsible for knowing and following the requirements oft this ordinance. The approval ofa land-disturbing permit, the approval of an erosion control plan, or the absence ofar requirement to submit an erosion control plan shall not relieve the property owner or the operator ofthe requirement stated in subsection (C)More Restrictive Rules Shall Apply. Wheneverconflicts: exist between federal, state or local laws, ordinances or rules, the more restrictive provision shall apply.  the Administrator for any permit required.  (B) above.  $153.06 Mandatory Standards for Land-Disturbing Activity. except in accordançe with the following mandatory standards:  No land-disturbing activity subject to the control of this ordinance shall be undertaken (A). Buffer zone. Except where more stringent buffer requirements are specified in the Macon County Code of Ordinances, the following requirements shall apply: (1) Standard Buffer. No land-disturbing activity during periods of construction or improvement tol land shall be permitted inj proximity toal lake or natural watercourse unless a buffer zone is provided along the margin oft the watercourse of sufficient width to confine visible siltation within the 25 percent of the buffer zone nearest (i) Projects On, Over or Under Water. This subsection shall not apply to al land-disturbing activity in connection with the construction of facilities tol be located on, over or undera a lake or natural watercourse. (ii) Buffer Measurements. Unless otherwise provided, the width of a bufferzonei is measured from the edge oft the water to the nearest edge of the disturbed area, with the 25 percent ofthe strip nearer the land- disturbing activity containing natural or artificial means of confining  the land-disturbing activity.  visible siltation.  9    (2) Trout Buffer. Waters that have been classified as trout waters by thel Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the 25 percent oft the bufferzone nearest the land-disturbing activity, whichever is greater. Provided however, that the Administrator may approve plans which include land-disturbing activity along trout waters when the duration of such disturbance would be temporary and the (i) Projects On, Over or Under Water. This subsection shall not apply toal land-disturbing activity in connection with the construction of facilities to be located on, over or under a lake or natural (ii) Trout Buffer Measurement. The 25-foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank to the nearest edge (iii) Limit On Land Disturbance. Where a temporary and minimal disturbance is permitted as an exception to the trout buffer, land- disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10 percent of the total length of the buffer zone within the tract to be disturbed such that there is not more than 100 linear feet of disturbance in each 1,000 linear feet of buffer zone. Larger areas may be disturbed with the (iv) Limit on Temperature Fluctuations. No land-disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in1 15 NCAC 2B.0211, "Fresh Surface Water Classification and  extent of such disturbance would be minimal.  watercourse.  oft the disturbed area.  written approval of the Administrator.  Standards."  (B)Graded Slopes and Fills: Roads.  (1) Angle. The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. In any event, slopes left exposed will, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices or structures sufficient to restrain erosion. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or (2) Finished Grade. Generally, unless the following conditions can be met, an approved plan for erosion control and stabilization oft the soil is required. (a) All cut slopes will have a minimum finished grade of1.5:1.  without mechanical restraints.  10    (b) Alli fill slopes willl have a minimum finished grade of2:1.  (3) Road Grades. (a)  Maximum sustained grades for roads should not exceed: () 6 percent for natural soil and grass; (ii) 10percent for gravel or crushed stone; (ii) 16 percent for paving (asphalt or concrete);  (b) Notwithstanding the conditions above, these grades may bei increased up to 15 percent for gravel or crushed stone and 20 percent for pavement for reaches of (c) Culverts are required in natural drains on all roads. Culverts should be  200 feet or less where no alternative exists.  placed every 130 to 200 feet on all in-sloped roads.  (C) Fill Material. Materials being used as fill shall be consistent with those described in 15A NCAC 13B .0562 unless the site is permitted by the Department's Division of Waste Management to operate as al landfill. Not all materials described in Section. .0562 may be suitable to meet geotechnical considerations of the fill activity and should be (D) Ground Cover. Whenever land-disturbing activity is undertaken on at tract, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices as are sufficient to retain the sediment generated by the land-disturbing activity within thel boundaries oft the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Provisions for a permanent ground cover sufficient to restrain erosion must be accomplished within 90 calendar days following completion of construction or (E) Prior Plan Approval. No person shall initiate any land-disturbing activity that will disturb more than one-half acre on a tract, unless thirty (30) or more days prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the Administrator, and the required permit is obtained. (F) Prevention of! Material Deposited on Public Roadways. Soil material shall be prevented from being deposited on public roadways by the use ofmud mats, gravel taps, washing (G)_Commencement of Activity. Prior to initiating land-disturbing activity the person conducting such an activity must notify the Administrator oft the date that such activity  evaluated accordingly.  development.  methods, and the like.  11    will begin. The land-disturbing activity shall be conducted in accordance with the approved permit and approved erosion and sedimentation control plan, ifrequired.  $1 153.07 Land -Disturbing Permit.  (A)Permit Required. No person shall undertake any land-disturbing activity subject to this ordinance without first obtaining a permit therefore from the Administrator, or their designee, except that no permit shall be required for any land-disturbing activity:  (1) For the purpose of fighting fires; or  (2) Fort the stockpiling ofraw or processed sand, stone, or gravel ini material processing plants and storage yards, provided that sediment control measures have been  utilized toj protect against off-site damage.  (B)Less than One-Half Acre Disturbed. In cases where less than one-half acre will be disturbed, applicants for building permits for any construction will be required to complete ai form that explains how erosion control will be managed during construction and to obtain al land-disturbing permit, except that noj permiti tis required for any addition or alteration to a single-family residence when the only land-disturbing activity is for pierori foundation wall footings. The form will provideanopportunity to choose among simple approaches to keep mud and sediment from leaving the property. The information provided on the form will serve as an erosion control plan for the new construction. Applicants will need to know the downhill slope of the lot to complete the form. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. Should the applicant fail to fill out the notification form and obtain al land-disturbing permit in advance of clearing land, fail toi install the procedures as called for on the form or provide false information on the (C)Application Submittal Requirements. A land-disturbing permit may be obtained upon submitting the fee, statement of financial responsibility and ownership in accordance with section 153.08(B), approved sedimentation and erosion control plan, if required, security deposit, if required, and certification that tree protection fencing has been Pursuant to G.S. 160D-403(a), applications for a permit may be made by the landowner, al lessee or person holding an option or contract to purchase or lease land, ora an authorized agent of the landowner. An easement holder may also apply for a The applicant shall submit a land-disturbing permit application to the Administrator or their designee, at least 30 days prior to the commencement of the proposed activity. The Administrator or their designee shall review permit applications for land-  form, the applicant shall be deemed in violation oft this ordinance.  installed, ifr required.  permit as is authorized by the easement.  12    disturbing activities and, within 30 calendar days of receipt thereof, shall notify the person submitting the application that it has been approved, approved with modifications, or disapproved. Notification ofthe decision shall be in accordance with G.S. 160D-403(b). Failure to approve, approve with modifications, or disapprove a complete land-disturbing permit application within 30 calendar days ofr receipt shall be The Administrator will review each revised permit application submitted to them and within 15 days of receipt thereof will notify the person submitting the permit application that it has been approved, approved with modifications, or disapproved. Failure to approve, approve with modifications or disapprove a revised permit No permit shall be issued until such time as the Administrator is assured that the proposed land-disturbing activity will be carried out in accordance with this ordinance and the approved sedimentation and erosion control plan, ifrequired. A land-disturbing permit application may be disapproved for the same reasons that an erosion control plan may be disapproved, as set forth in section 153.08(I) and (J) and section 153.09 (D)Planned Reservoir. This section shall not require ground cover on cleared land forming (E) Pre-Construction Conference. When deemed necessary by the Administrator, or their (F) Display of Permit. A land-disturbing permit issued under this ordinance shall be prominently displayed until all land disturbance is complete. A copy ofthe approved (G)Required Revisions. After approving aj permit, ifthe Administrator, either upon review of such permit or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Administrator shall require an erosion and sedimentation control plan in accordance with section 153.08 of this ordinance. Pending the preparation ofthe plan, work: shall cease or shall continue under (H)Amendment to a Permit. Applications for any amendments to the permit may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Administrator, or their designee, the land- disturbing activity shall not proceed except in accordance with the permit as originally  deemed approval.  application within 15 days of receipt shall be deemed approval.  ofthis ordinance.  the future basin ofa a planned reservoir.  designee, a pre-construction conference may be required.  permit shall be kept on file at the job site.  conditions outlined by the. Administrator.  approved.  13    (I) Failure to Apply foral Permit. Any person engaged in land-disturbing activity who fails to apply for a land-disturbing permit shall be deemed in violation ofthis ordinance. (J) Surety. The Administrator, or their designee, shall require security to assure performance of the conditions of the permit whenever a land-disturbing activity is in excess off five acres or whenever the Administrator determines the activity may result in significant off-site damage. The applicant shall be required to file with the Administrator: an improvement securityint the form ofaj performance! bondinana amount no less than $500 or more than $5,000 per acre of disturbed area as set forth in the approved erosion and sedimentation control plan. The amount shall be deemed sufficient by the Administrator, or their designee, to cover all costs of protection or other improvements required for conformity with standards specified in this ordinance. The security shall be released when the Administrator or their designee has certified that all of the requirements of this ordinance have been met. Forfeiture of the improvement security shall not release the person conducting land-disturbing activity of their obligation to install and maintain necessary erosion control measures, to stabilize the site, or any other obligation of this ordinance, the. Act, or any rule or order  promulgated in furtherance thereof.  (K)Permit Expires. A land-disturbing permit shall expire at the end of:  (1) One year form the date of issuançe if no land-disturbing activity has been undertaken in that period. No land-disturbing activity may take plaçe until the person responsible has applied for, and received, ar new land-disturbing permit. The fee for the new permit shall be 100 percent oft the current applicable fee. (2)Atwo-year period, unless it is extended by the Administrator upon written request of the permit holder. The request for extension shall include reasons for incompletion of the work. After review of the original plan and an on-site inspection ofti the completed work, the permit may be extended effective forap period not to exceed six months from the date ofexpiration of the original permit. The fee for the extended permit shall be 25 percent of the current applicable fee. If work cannot be completed and the site permanently stabilized prior to expiration of the permit or permit extension, then a new land-disturbing permit must be applied for  and obtained as described in this section.  S 153.08 Erosion and Sedimentation Control Plans.  (A) Plan Submission. An erosion and sedimentation control plan shall be prepared for all land-disturbing activities subject to this ordinance whenever the proposed activity will disturb more than one-half acre on a tract. Provided, however, for those cases where the area has a slope of greater than 1 to 1, a plan shall be required for land disturbance associated with any project, regardless ofthe size oft the project or the area being disturbed.  14    Three copies of the plan shall be filed at least 30 calendar days prior to the commencement ofthe proposed activity with the. Administrator, and a copy will be simultaneously submitted by the applicant to the Macon Soil and Water Conservation District office. A copy of the erosion control plan for any land- disturbing activity that involves the utilization of ditches for the purpose of dewatering or lowering the water table must be forwarded to the director oft the Division of Water Quality. One copy of the approved plan shall be kept on file at the job site. After approving the plan, ifthe Administrator, or their designee, upon inspection of the job site, determines that a significant risk of off-site sedimentation exists, the Administrator, or their designee, will require a revised Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Administrator, or their designee. The approval of an erosion control plan is conditioned on the applicant's compliance with federal, state and local water quality laws, regulations and rules. (B) Financial Responsibility and Ownership. Erosion and: sedimentation control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity orl his attorney in fact. The statement shall include the mailing and street addresses oft the principal place of business of(1) the person financially responsible, (2)t theownero ofthe land, and (3)any registered agents. Ifthej person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the plan, the Act, this ordinance, or rules or orders adopted ori issued pursuant to this ordinance. Except as provided in subsections (C)or(K)ofthis: section, ifthe applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control plan must include the owner's written consent for the applicant to submit a draft erosion and sedimentation (C) Construction of Utility Lines. If the applicant is not the owner of the land to be disturbed and the anticipated land-disturbing activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft erosion and sedimentation control plan may be submitted without the written consent oft the owner ofthe land, sol long as the owner ofthe land has been provided prior notice of (D) Environmental Policy Act Document. Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. $ 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The Administrator shall  plan.  control plan and to conduct the anticipated land-disturbing activity.  the project.  15    promptly notify the person submitting the plan that the 30-day time limit for review oft the plan pursuant to subsection (G) of this section shall not begin until a complete (E)Content The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements oft this ordinance. Plan content may vary to meet the needs oft the specific site requirements. Detailed guidelines for plan preparation may be obtained (F)Soil and Water Conservation District Comments The Macon Soil and Water Conservation District shall review the plan and submit any comments and recommendations to the Administrator within 20 calendar days after the District received the erosion control plan, or within any shorter period oft time as may be agreed upon by the District and the Administrator. Failure of the District to submit its comments and recommendations within 20 calendar days or within any agreed upon shorter period oft time (G) Timeline for Decisions on Plans. The Administrator will review each complete plan submitted to it and within 30 calendar days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, or disapproved. Notification of the decision oft the Administrator shall be in accordance with G.S. 160D- 403(b). The 30-day review period will not begin until all required items are submitted. The Administrator shall have five (5) business days to check the plan for completeness. Incomplete plans will be returned for completion. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation plan within 30 calendar The Administrator will review each revised plan submitted to them and within 15 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, or disapproved. Failure to approve, approve with modifications or disapprove a revised plan within 15 days of receipt shall be deemed (H) Approval. The Administrator shall only approve a plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. Approval assumes the applicant's compliance with the federal and state water quality laws, regulations and rules. The Administrator shall condition approval of plans upon the applicant's compliance with federal and state water quality laws, regulations and rules. Plans shall expire in accordance with Section 153.07(K) ofthis ordinance.  environmental document is available to review.  from the. Administrator, or their designee, on request.  shall not delay final action on the plan.  days ofi receipt shall be deemed approval.  approval.  16    Disapproval for Content. The Administrator may disapprove aj plan or draft plan based on its content. A disapproval based upon a plan's content must specifically state in writing (J)Other Disapprovals. The Administrator shall disapprove an erosion and sedimentation control plan fimplementation of the plan would result in a violation ofrules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. The Administrator may disapprove an erosion and sedimentation control plan or disapprove a transfer of a plan under subsection (K) oft this section upon finding that an (1)I Is conducting or has conducted land-disturbing activity without an approved plan or has received notice of violation of a plan previously approved by the Commission or Administrator pursuant to the Act and has not complied with the (2) Has failed to pay a civil penalty assessed pursuant to the Act or this ordinance by (3) Has been convicted of a misdemeanor pursuant to G.S. $113A-64(b) or any (4) Has failed to substantially comply with the State rules, this ordinance and In the event that an erosion and sedimentation control plan or a transfer of a plan is disapproved the Administrator pursuant to this subsection, the Administrator shall SO notify the Director of the Division of Energy, Mineral and Land Resources within 10 days of the disapproval. The Administrator shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the plan was disapproved. Notwithstanding the provisions of section 153.18, the applicant may appeal the Administrator's disapproval ofthe plan directly to the Commission. For purposes of this subsection,, an applicant's record or the transferee's record may K)TransferofPlans. The. Administrator: may transferan erosion and sedimentation control plan approved pursuant to this section without the consent of the plan holder to a successor- ownerofthe property on which the permitted. activity is occurring orwill occur as provided (1) The Administrator may transfer of a plan if all oft the following conditions are (i) The successor-owner of the property submits to the Administratora written request for the transfer of the plan and an authorized  the reasons for disapproval.  applicant, or aj parent, subsidiary, or other affiliate oft the applicant:  notice within the time specified in the notice. the time the payment is due. criminal provision of this ordinance. regulations adopted pursuant to the Act.  be considered for only the two years prior to the application date.  int this subsection. met:  statement of financial ownership. (ii) The Administrator finds all the following: a. The plan holder is one of the following:  17    1.AI natural person who is deceased.  2. A partnership, limited liability corporation, corporation, ora any other business association that has been dissolved. 3. A person who has been lawfully and finally divested of title to the property on which the permitted activity is 4. A person who has sold the property on which the permitted activity is occurring or will occur. b. The successor-owner holds title to the property on which the permitted activity is occurring or will occur. c.The successor-owner is the sold claimant of the right to engage in d. There will be no substantial change in the permitted activity. (2) The plan holder shall comply with all terms and conditions of the plan until (3) The successor-owner shall comply with all terms and conditions of the plan (4) Notwithstanding changes to law made after the original issuance of the plan, the. Administrator may not impose new or different terms and condition in the plan without the prior express consent of the successor-owner. Nothing in this subsection shall prevent the Administrator from requiring a revised plan pursuant  occurring or will occur.  the permitted activity.  such time as the plan is transferred. once the plan has been transferred.  toG.S. 113A-54.1(b).  (L)Notice of Activity Initiation. No person may initiate a land-disturbing activity before approval oft the plan and notifying the Administrator, or their designee, oft the date that (M) Pre-construction Conference. When deemed necessary by the Administrator, or their designee, a pre-construction conference may be required and notified on the (N)Display of Plan Approval. A plan approval issued under this ordinance shall be prominently displayed until all construction is complete, all temporary measures have been removed, all permanent sedimentation and erosion control measures are installed and the sitel has been stabilized. A copy ofthe approved plan shall be kept on file at the (O)Required Revisions. After approving a plan, if the Administrator, either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off-site sedimentation exists, the Administrator shall require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the Administrator. Iff following commencement of a land-disturbing activity pursuant to an approved plan, the Administrator  the land-disturbing activity will begin.  approved plan.  job site.  18    determines that the plan is inadequate to meet the requirements of this ordinance, the Administrator may require any revision of the plan that is necessary to comply with (P) Amendment to al Plan. Applications for amendment ofane erosion control plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the Administrator, or their designee, the land-disturbing activity shall not proceed except in accordance with (Q)Failure to File a Plan. Any person engaged in land-disturbing activity who fails to file a plan in accordance with this ordinance, or who conducts a land-disturbing activity except in accordance with provisions ofa an approved plan, shall be deemed in violation (R)SelfInspections The landowner, the financially responsible party, or the landowner's or the financially responsible party's agent shall perform an inspection of the area covered by the plan after each phase of the plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). In addition, weekly and rain-event self-inspections are required by federal regulations, that are implemented through the NPDES Construction General Permit No. NCG 010000. The person who performs the inspection shall maintain and make available a record of the inspection at the site ofthe land-disturbing activity. The record shall set out any significant deviation from the approved erosion control plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has been established as required by the approved erosion and sedimentation control plan. The inspections required by this subsection shall be ina addition to inspections required Where inspections are required by this ordinance or G.S.113A-54.1(), the following (1) The inspection shall be performed during or after each of the following phases of  this ordinance.  the erosion control plan as originallyapproved.  ofthis ordinance.  by G.S. 113A-61.1.  apply:  the plan:  (i) Initial installation of erosion and sediment control measures; (ii) Clearing and grubbing ofexisting ground cover; (iii) Completion ofa any grading that requires ground cover; (iv) Completion of all land-disturbing activity, construction, or development, including permanent ground cover establishment and  removal ofall temporary measures; and  19    (v) Transterofownership or control ofthet tractofland where the erosion and sedimentation control plan has been approved and work has begun. The new owner or person in control shall conduct and document inspections until the project is permanently stabilized as  set forth in sub-item (iti) above.  (2) Documentation ofs self-inspections performed under Item (1) above shall include: (i) Visual verification of ground stabilization: and other erosion control measures and practices as called for in the approved plan. (ii) Verification by measurement of settling basins, temporary construction entrances, energy dissipators, and traps. (iii) The name, address, organization affiliation, telephone number and signature of the person conducting the inspection and the date ofthe inspection shall be included, whether on a copy of the approved erosion and sedimentation control plan or an inspection report. A template for an example of an inspection and monitoring report is pelasgpaegwAhaurisouemp-minenahm. csoureycrosion-sedimenl-controlfoms: Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control plan shall occur on a single copy oft the plan (iv) A record of any significant deviation from any erosion or sedimentation control measure from that on the approved plan. For the purpose ofthis rule, a "significant deviation" meansa an omission, alternation, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approved plan may also be recommended to enhance the intended performance ofthe sedimentation and erosion  provided  on  the  DEMLR  website  at:  and that plan shall be made available on the site.  control measures.  S 153.09 Basic Control Objectives.  An erosion and sedimentation control plan or land-disturbing permit may be disapproved pursuant to Section 153.08(I) and (J)i ift the plan fails to address the following control objectives: (A)Identify critical areas. On-site areas which are subject to severe erosion, and off-site areas which are especially vulnerable to damage from erosion and/or sedimentation,  are to bei identified and receive special attention.  20    (B)I Limit time ofexposure. All land-disturbing activity is to be planned and conducted to limit exposure to the shortest time specified in G.S. 113A-57, the rules of this (C)Limit exposed areas. All land-disturbing activity is to be planned and conducted to (D)Control surface water. Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period ofexposure. (E) Control sedimentation. All land-disturbing activity is to be planned and conducted SO (F) Manage stormwater runoff. Plans shall be designed SO that any increase in velocity of sommwacermmoffresulting fromal land-disturbing activity will not result in accelerated erosion ofthe receiving stormwater conveyance or at the point of discharge. Plans shall include measures to prevent accelerated erosion within the project boundary and at the  ordinance, or as directed by the. Approving Authority.  minimize the size oft the area to be exposed at any one time.  as toj prevent off-site sedimentation damage.  point of discharge.  S 153.10 Design and Performance Standards.  (A)Except as provided in subsection (B)(2) below, erosion and sedimentation control measures, structures and devices shall be SO planned, designed and constructed to provide protection from the calculated maximum peak of runoff from the 10-year storm. Runoff rates shall be calculated using the procedures in the latest edition ofthe USDA, Natural Resources Conservation Service's "National Engineering and Field Handbook", or other calculation procedures acceptable to the Administrator, or their (B) In high quality water (HQW) zones, the following design standards shall apply: (1). Limit on Uncovered Area. Uncovered areas in HQW zones shall be limited at any time to a maximum total area of20 acres, within the boundaries oft the tract. Only the portion of the land-disturbing activity within an HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries oft the tract with the written approval ofthe Director upon providing engineering. justification with a construction sequence that considers phasing, limiting exposure, weekly submitted self-inspection reports, and a more conservative design than the Twenty- (2). Maximum Peak Rate of Runoff Protection. Erosion and sedimentation control measures, structures and devices within HQW zones: shall bej planned, designed and  designee.  five Year Storm.  21    constructed to provide protection from the runoff of the 25-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the latest edition of the United States Department of Agriculture Natural Resources Conservation Service's "National Engineering Field Handbook" or according to procedures adopted by any other agency of North Carolina or the United States or any generally recognized organization or association. (3) Sediment Basin Design. Sediment basins within HQW zones shall be designed and (i) Use a surface withdrawal mechanism, except when the basin (ii) Have a minimum of 1800 cubic feet of storage area per acre of (iii) Have a minimum surface area of 325 square feet per cfs of the (v) Incorporate 3 baffles, unless the basin is less than 20 feet in length,  constructed according to the following criteria: drainage area is less than 1.0 acre;  disturbed area;  Twenty-five Year Storm (Q25). peak flow; (iv) Haveaminimum dewatering time of4 48 hours; in which case 2 baffles shall be sufficient.  Upon a written request of the applicant, the Administrator may allow alternative design and control measures in lieu of meeting the conditions required in subparagraphs (3)(i)t through (3)(v) ofthis subsectionifthe: applicant demonstrates that meeting all of those conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sediment control on the site. Alternative measures may include quicker application of ground cover, use of sediment flocculants, and use of enhanced (4) Grade. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontal to one vertical ifa vegetative cover is used for stabilization, unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices or other forms of ditch liners proven as being effective in restraining accelerated erosion. In any event, the angle for side slopes shall be sufficient to  ground cover practices.  restrain accelerated erosion.  S 153.11 Storm Water Outlet Protection.  (A) Intent. Stream banks and channels downstream from any land disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased  velocity ofrunoff from the land disturbing activity.  22    (B)Performance Standard. Persons shall conduct land-disturbing activity SO that the post construction velocity of the 10-year storm runoff in the receiving watercourse to the (1) The velocity established by the Maximum Permissible Velocities Table set out (2) The velocity of the 10-year storm runoff in the receiving waterçourse prior to the Ifsubsections condition (1) or (2) ofthis paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to The following is a table for maximum permissible velocity for stormwater discharges:  discharge point does not exceed the greater of: within this subsection below; or  development.  development" velocity by 10%.  Maximum Permissible Velocities Materials Alluvial silts (colloidal) Alluvial silts (noncolloidal) Coarse gravel (noncolloidal) Cobbles and shingles Fine Gravel  F.P.S. 5.0 3.5 6.0 5.5 5.0 2.5  M.P.S. 1.5 1.1 1.8 1.7 1.5 0.8 1.5 1.7 1.1 0.8  Fine Sand (noncolloidal)  Graded, loam to cobbles 5.0 Graded, silt to cobbles (colloidal) 5.5  (noncolloidal)  Ordinary firm loam Sandy loam (noncolloidal)  3.5 2.5  23    Shales and hard pans Silt loam (noncolloidal) Stiff clay (very colloidal)  6.0 3.0 5.0  1.8 0.9 1.5  Source Adapted from recommendations by Special Committee on Irrigation research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 fors slightly sinuous, by 0.9formoderately sinuous channels, and by 0.8 for highly sinuous channels.  (C)Acceptable Management Measures. Measures applied alone or in combination to satisfy the intent of this section are acceptable ifthere are no objectionable secondary consequences. The County recognizes that the management of stormwater runoff to minimize control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives are to: (1) Avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered (2) Avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved (3) Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge. These may range from simple rip-rapped (4) Protect watercourses subject to accelerated erosion by improving cross sections (5) Upgrade or replace the receiving device structure, or watercourse such that it will receive and conduct the flow to a point where it is no longer subject to degradation This rule shall not apply where it can be demonstrated to the Administrator that stormwater discharge velocities will not create an erosion problem in the receiving  impervious;  sections;  sections to complex structures;  and/or providing crosion-resistant lining; and  from the increased rate of flow or increased velocity.  watercourse.  24    $153.12 Borrow and Waste Areas.  If the same person conducts the land-disturbing activity and any related borrow or waste activity, the related borrow or waste activity shall constitute part of the land-disturbing activity, unless the borrow or waste activity is regulated under the Mining Act of1971, G.S. 74, Article 7, ori is al landfill regulated by the Division of Waste Management. Ift the land-disturbing activity and anyrelated borrow or waste activity are not conducted by the same person, they shall be considered  by the Approving Authority as separate land-disturbing activities.  S 153.13 Access and Haul Roads.  Temporary access and haul roads, other than public roads, constructed or used in  connection with any land-disturbing activity shall be considered a part of such activity.  S 153.14 Operations in Lakes or Natural Watercourses.  Land-disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disruption oft the stream channel. Where relocation ofa a stream is an essential part ofthe proposed activity, therelocation shall be planned and executed: so as tor minimize the changes in the stream flow characteristics, except when justification for significant alternation to flow characteristics is provided. Persons undertaking such land-disturbing activity shall consult with the Army Corps of Engineers and the Department to determine if a permit is required before  undertaking any such land-disturbing activity. $153.15 Responsibility for Maintenance.  During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan or any provision of this ordinance, the Act or any order adopted pursuant to this ordinance or the Act. After site development, the landowner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of-way or  easement accepted for maintenance by a governmental agency.  S 153.16 Additional Measures.  Whenever the Administrator, or their designee, determines that accelerated erosion and sedimentation continues despite the installation ofprotective practices, they shall direct the person conducting the land-disturbing activity to take additional protective action necessary to achieve  compliance with the conditions specified in the Act or its rules.  25    S 153.171 Fees.  The fees charged for the administration and entorcement of this ordinance shall be as  prescribed by the County Board ofCommissioners.  S 153.18 Appeals.  (A)Except as provided in subsection (B) of this section, the denial of a permit or soil erosion control plan, the approval of a permit or soil erosion plan with modifications, or the issuance of violation notices and/or revocation of permit or plan by the Administrator may be appealed to the Macon County Planning Board and governed by (1) The person shall submit a written demand to the clerk to the board for a hearing within 30 days after receipt of written notice of the disapproval, modifications, notice of violation, or revocation of a permit in accordance with G.S. Chapter 160D-405 and 406. The written demand must specify, with particularity, the factual and/or legal basis for the appeal. No grounds, other than those SO specified, may be argued. Pending appeal, the time limits set out in the notice or order shall be (2) Hearings held pursuant to this section shall be conducted by the Macon County Planning Board within 15 days after the date of the appeal or request for a hearing, or at the next regularly scheduled meeting, whichever is later. Hearings shall be (3)Ifthe Macon County Planning Board upholds the disapproval or nodification ofa proposed erosion and sedimentation control plan following a public hearing, the person submitting the plan is entitled to appeal the decision to the North Carolina Sedimentation Control Commission as provided in G.S. $113A-I(C)Ifthel Macon County Planning Board upholds any other decision of the Administrator, the applicant may appeal to Superior Court in accordance with G.S. 160D-406(k). B)Notwithstanding the above, in the event that an erosion control plan or a transfer ofa plan is disapproved by the Administrator, the applicant may appeal the Administrator's disapproval of the plan directly to the North Carolina Sedimentation Control  the following provisions:  suspended in accordance with Chapter 160D-405(f).  held in accordance with G.S. 160D-406.  Commission as provided in G.S. S 113A-61(b2).  $ 153.19 Inspections and Investigations.  (A) Inspections. Agents, officials and other qualified persons authorized by the Administrator will periodically inspectland-disturbing activities to ensure compliance with the Act, this ordinance or rules or orders adopted ori issued pursuant to this ordinance, and  26    to determine whether the measures required in the plan are effective in controlling erosion and sediment resulting from land-disturbing activity. Notice oft the right to inspect shall be included in the notification of the plan approval of each erosion control plan. Pursuant to GS 160D-403(e), the agent, official and other qualified persons authorized by the Administrator, must enter the premises during reasonable hours and upon presenting credentials; provided however that the appropriate consent has been given for inspection ofareas not open to the public or that an appropriate inspection warrant has been secured. (B)_Willful Resistance, Delay or Obstruction. No person shall willfully resist, delay, or obstruct an authorized representative, employee, or agent of Macon County while that person is lawfully inspecting or attempting to inspect a land-disturbing activity under this (C)Notice of Violation. If the Administrator or their designee determines that a person engaged in land-disturbing activity has failed to comply with the Act, this ordinance, or rules or orders adopted or issued pursuant to this ordinance, the Administrator shall immediately serve a notice ofviolation upon that person. The notice may be served by any means authorized under G.S. $1A-1, Rule 4. The notice ofviolation shall specify a date by which the person must comply with the Act, this ordinance, or rules, or orders adopted pursuant to this ordinance and inform the person of the actions that need to be taken to comply with the Act, this ordinance, or rules or orders adopted pursuant to this ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this ordinance. Ifthe person engaged in the land-disturbing activity has not received a previous notice ofviolation under this section, the. Administrator shall deliver the notice of violation in person and shall offer assistance in developing corrective measures. Assistance may be provided by referral to a technical assistance program on behalf of the Approving Authority, referral to a cooperative extension program, or by the provision of written materials such as Department guidance documents. Ifthe Administratoris unable to deliver the notice of violation in person within 15 days following discovery of the violation, the notice ofv violation may be served in the manner prescribed for service of process by G.S. 1A-1, Rule 4, and shall include information on how to obtain assistance in developing (D)Investigations The Administrator, or their designee, shall have the power to conduct such investigations as it may reasonably deem necessary to carry out their duties as prescribed in this ordinance, and who presents appropriate credentials, for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites ofa any land-disturbing. activity. Pursuant to GS160D- 403(e), theagent, official and other qualified persons authorized by the. Administrator, must enter the premises during reasonable hours; provided howeverthat the appropriate consent has been given for inspection of areas not open to the public or that an appropriate  section.  corrective measures.  inspection warrant has been secured.  27    (E)Statements and Reports. The Administrator, or theirdesignee, shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent  questions relating tol land-disturbing activity.  81 153.20 Penalties.  (A)Revocation of Permits.  (1) The Administrator shall have the authority to revoke land-disturbing permits issued pursuant to this ordinance. Should the Administrator determine that the land- disturbing permit should be revoked then they shall serve the permittee, or other responsible person, with a noticeofrevocation. Notification oft the revocation shall be in accordance with G.S. 160D-403(b). Upon receipt of the notice ofrevocation, the responsible person shall immediately cause or order the cessation of all land- disturbing activities except those activities which are specifically directed towards (2) After the Administrator, or their designee, has inspected the site and approved the remedial work, the responsible party mayi re-apply foral land-disturbing permit. The fee for reapplication shall be 100 percent of the current application fee.  bringing the site into a state of compliance.  (B)Civil Penalties.  (1) Civil Penalty fora Violation. Any person who violates any oft the provisions ofthis ordinance, or rules or orders adopted or issued pursuant to this ordinance or who initiates or continues a land-disturbing activity for which an erosion control plan and/or land-disturbing permit is required except in accordance with the terms, conditions and provisions ofa an approved plan and/or land-disturbing permit shall bes subject to a civil penalty. The maximum civil penalty for a violation is $5,000. Acivil penalty may be assessed from the date the violation. Each day ofo continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and that person abated continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land-disturbing activity for which the erosion and sedimentation control plan is (2) Civil Penalty Assessment Factors. The Administrator shall impose the civil penalty authorized by this section. The Administrator shall determine the amount of the  required is $25,000.00.  civil penalty based upon the following factors;  28    (i) consider the degree and extent ofharm caused by the violation, in) the amount ofmoney the violator saved by noncompliance, iv) whether the violation was committed willfully, and v) the prior record of the violator in complying or failing to comply with this ordinance, rule or order adopted pursuant to the Act or this ordinançe. (3)Notice ofCivil Penalty Assessment. The Administrator shall provide notice to the person who is assessed the civil penalty of the following: the amount of the civil penalty; the reason for assessing the penalty; the option available to that person to request ai remission oft the civil penalty under G.S. 113A-64.2; the date of the deadline for that person to make the remission request regarding this particular penalty; and, when that person has not been assessed any civil penalty under this section for any previous violation, the date of the deadline for that person to abate continuing environmental damage resulting from the violationin order to subject to the maximum cumulative total civil penalty under (1) of this subsection. The notice of assessment shall be served by any means authorized under G.S. $1A-1, Rule 4, and shall direct the violator to either pay the civil penalty assessment, contest the assessment within 30 days by filing a petition for hearing with the Planning Board or file ai request with the Sedimentation Control Commission forr remissionofthe: assessment within 60 days ofreceipt of the notice of assessment. A reemission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the General Statutes and a stipulation oft the facts on which the assessment was based. (4)Appeal of Final Decision. Appeal of the final decision of the Macon County Planning Board shall be to the Superior Court. Such appeals must be made within 30 (5).Remission ofCivil Penalties. A request for remission of a civil penalty imposed under G.S. 113A-64 may be filed with the Planning Board within 60 days of receipt of the notice ofa assessment. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B oft the General Statutes and a stipulationofthei facts on which the assessment was based. The following factors shall be considered in determining whether a civil penalty remission request will be (i) Whether one or more ofthe civil penalty assessment factors in G.S. 113A-64(a)(3) were wrongly applied to the detriment of the (ii) Whether the petitioner promptly abated continuing environmental. (iti) Whether the violation was inadvertent or a result of an accident.  (ii) the cost of rectifying the damage,  days oft the final decision of the Macon County Planning Board.  approved:  petitioner.  damage resulting from the violation.  29    (iv) Whether the petitioner has been assessed civil penalties for any (v) Whether payment of the civil penalty will prevent payment for necessary remedial actions or would otherwise create a significant (vi) The assessed property tax alutiomortliepetitomer's: propertyu upon which the violation occurred, excluding the value ofa any structures  previous violations. financial hardship. located on the property.  (6).Collection. Ifpayment is not received within 60 days afteri it is due, the matter will be referred to the County Attorney for initiation ofa civil action to recover the amount oft the civil penalty. The civil action may be brought in the Superior Court. Such civil actions must be filed within three (3)y years oft the date the assessment was due. A civil penalty that is not contested and a remission that is not requested is due when the violator is served with a notice of the civil penalty assessment. A civil penalty that is contested or a remission that is requested is due at the conclusion of the administrative (7)_Credit of Civil Penalties. Pursuant to G.S. 113A-64(a)(5), the clear proceeds of civil penalties collected by the County pursuant to this ordinance shall be remitted to the Civil Penalty and Forfeiture Funds in accordance with provisions of G.S. 115C- 457.2. Penalties collected by the County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by thel North Carolina office ofState Budget and Management on an annual basis, based upon the computation of actual collections costs by the County for the prior fiscal year. Any person who knowingly or willfully violates any provision of the Act, this ordinance, or rule or order adopted ori issued by the Commission or the County, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control plan andorland-disturbing permit is required excepti inaccordance with the terms, conditions and provisions ofan approved plan and/or land-disturbing permit, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed  and judicial review oft the assessment.  (C)Criminal Penalties.  $5,000.00, as provided in G.S. 113A-64.  $153.21 Enforcement Alternatives and Injunctive Relief.  (A)Forfeiture of Surety. Violation of any provision of this ordinance shall result in forfeiture of any applicable security or portion thereof required under subsection (B)Injunctive Relief. Whenever the County has reasonable cause tol believe that any person isv violating or threatening to violate this ordinance, rule, regulation or order adopted or  153.07(J).  30    issued by the County or any term, condition or provisionofan: approved erosion control plan, it may, either before or after the institution of any other action or proceeding authorized by this ordinance, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the superior court of the county in which the violation is occurring or (C)Abatement of Violation. Upon determination by a court that an alleged violation is occurring, ori is threatened, the court shall enter any order orj judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunetivereliefunder. this section shall not relieve any party to such proceedings from any civil or criminal penalty  threatened.  prescribed for violations ofthis ordinançe.  S 153.22 Restoration After Non-Compliance.  The County may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3) and section 153.06(D)) of this chapter, to restore the waters and land affected by the failure sO as to minimize the detrimental effects of the resulting pollution by sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive reliefauthorized under this ordinance  $153.23 Severability.  Ifany section or sections ofthis ordinance are held to bei invalid or unenforceable, all other  sections shall nevertheless continue in full force and effect. As amended and restated by the Board of Commissioners  ,2021.  31    NOTICE OF PUBLIC: HEARING  Please take notice that the Macon County Board of Commissioners will conduct a public hearing on Tuesday, November 9, 2021 at 6:00 p.m. in the Commission Boardroom located on the third floor ofthe Macon County Courthouse, located at 5 West Main Street, Franklin, NC: 28734, concerning the proposed "Amended and Restated Voluntary Farmland Preservation Ordinance," which amends and restates the presently existing Voluntary Farmland Preservation Ordinance. Public comment upon the same shall be received at this public hearing. The public is invited to  attend this public hearing.  The proposed amendments are for thej purpose of bringing the Macon County Voluntary Farmland Preservation Ordinance into compliance with Chapter 160D ofthe North Carolina General Statutes and Session Law 2021-78. The proposed amendments can be viewed on the county's website, www.maconnc.org, under "Public Announcements," and al hard copy may be obtained ini the lobby at the Courthouse Annex Building, 5 West Main Street, Franklin, North  Carolina.  This the 22nd day of October, 2021. Derek Roland, Ex Officio Clerk to the Macon County Board of Commissioners    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR ANAMENDEDAND RESTATED "VOLUNTARY FARMLAND PRESERVATION WHEREAS, the Macon County Board of Commissioners originally adopted the Voluntary Farmland Preservation Ordinance of the County of Macon, North Carolina on February 4, 1997, WHEREAS, the Board of Commissioners wishes to make certain specific amendments to the Ordinance in order to bring the Ordinance into compliance with G.S. 160D and Article 61 of Chapter 106 of the General Statutes, and restate such Ordinance in its entirety as set forth WHEREAS, the Board of Commissioners has the authority to make such amendments to the Ordinance pursuant to G.S. 160D-601 and Article 61 of Chapter 106 ofthe General Statutes; and WHEREAS, the required Notice of Public Hearing has been duly given and duly published in accordance with the law and the required Public Hearing in connection with such amendments has NOWTHEREFORE, BE IT ORDAINED by the Macon County Board of Commissioners that: The Voluntary Farmland Preservation Ordinance, originally adopted on February 4, 1997,  ORDINANCE"  and  hereinafter; and  been duly held in accordance with law.  isl hereby amended and restated SO that the same will hereafter read as follows:  See Exhibit A attached hereto which is incorporated herein by reference as ifr more fully set forth  herein.  This the day of  2021.  Chairman, Macon County Board of Commissioner  ATTEST:  Clerk to the Macon County Board of Commissioners    CHAPTER 155: VOLUNTARY FARMLAND PRESERVATION  SECTION 155.01 155.02 155.03 155.04 155.05 155.06 155.07 155.08 155.09 155.10 155.11 $155.01  Title Purpose Enactment Definitions Districts Public Hearings  Agricultural Advisory Board  Application for Certification of Qualifying Farmland and Voluntary Agricultural  Revocation of Preservation Agreement Waiver of Water and Sewer Assessment North Carolina Agency Information  Land Use Incentives to Voluntary Agricultural District Formation  TITLE  This ordinance shall bel known and may be cited as the Amended and Reslated Voluntary. Farmland  Preservation Chapter of Macon County, North Carolina.  $155.02  PURPOSE  The purpose of this ordinance is to encourage the voluntary preservation and protection of farmland from non-farm development, recognizing the importance of agriculture to the economic  and cultural life ofthis County.  $155.03  ENACTMENT  Pursuant to authority conferred by G.S. $$106-735 through-743 and G.S. $I60D-903, and for the purpose of promoting the health, safety, morals, and general welfare of the County, the Board of Commissioners of Macon County, North Carolina, does enact this ordinance, which shall be known as the Amended. and Restated Voluntary Farmland Preservation Chapter ofA Macon County,  North Carolina. $155.04  DEFINITIONS  For the purpose of this ordinance the following definitions shall apply unless the context clearly  indiçates or requires a different meaning:  1    Board.  Macon County Agricultural Advisory Board.  Chairman. Chairman oft the Agricultural Advisory Board.  Districi. $155.05 A. Creation. B. Membership. 1. Requirements  Voluntary Agricultural District  AGRICULTURAL ADVISORY BOARD  The Macon County Agricultural Advisory Board, consisting of five  members to be appointed by the Board of County Commissioners, is hereby established.  (a) Each Board member shall be a resident ofM Macon County. (b) Three of the five members shall be actively engaged in agriculture.  (c) The three members actively engaged in agriculture shall be selected for appointment by the BoardofCounty Commissioners from the namesofindividuals submitted to the Board of County Commissioners by the Soil and Water Conservation District, the North Carolina Cooperative Extension Service and the The members of the Board shall be chosen to provide the broadest possible representation oft the geographical regions oft the County and to represent, to the extent possible, all segments ofagricultural production existing in the County.  Farm Services Agency Committee.  2. Tenure.  Each member's term of office shall be for three years, except that the initial board ist to consist of one appointee fora a term ofone year; two appointees for terms oft two years; and two appointees for terms oft three years. Reappointments shall be permitted.  3. Vacancies.  Any vacancy on the Agricultural Advisory Board is tol be filled by the Board of County  Commissioners for the remainder of the unexpired term.  4. Removal for Cause.  Any member of the Agricultural Advisory Board may be removed for cause by the Board ofCounty Commissioners upon written charges and after a public hearing.  C.E Funding.  2    1. The per diem compensation of the members of the Board while on official business outside the county shall be fixed by the Board ofCounty Commissioners. 2. Funds shall be appropriated to the Board to perform its duties.  D. Procedure. 1. Chairman.  The Board shall elect a Chairman and Vice-Chairman each year at its first meeting of the fiscal year. The Chairman shall preside over all regular or special meetings of the Board. In the absence or disability of the Chairman, the Vice-Chairman shall preside and shall have and exercise all the powers of the Chairman SO absent or disabled.  Additional officers may be elected as needed.  2. Jurisdiction.  Thejurisdiction and procedures ofthe Board are set out herein, except that as the Board may adopt supplementary rules of procedure not inconsistent with this ordinance, or  with other provisions oflaw.  3. Board Year. 4. Meetings.  The fiscal year oft the Board shall be the county fiscal year.  Meetings of the Board, following such notice as required by this ordinance, shall be held at the call of the chairman and at such other times as the Board in its rules of procedure may specify. A called meeting shall be held at least every two months. The concurring vote of a majority oft the members oft the Board shall be necessary to to decide in favor ofa an applicant, or to pass upon any other matter on which it isi required  5. Majority Vote.  to act under this ordinance.  6. Records.  The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if the absent of failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office oft the Board and shall be a public record.  7. Administrative.  The Macon County Agricultural Advisory Board may contract with the Natural Resources Conservation Services District Office to serve the Board for record keeping correspondence application procedures under this ordinance, and whatever other  services the Board needs to complete its duties.  3    8. - Conflict of] Interest.  Pursuant to G.S. 160D-109(b), members of the Board shall not vote on any advisory or legislative decision regarding a development regulation where the outcome of the matter being considered is reasonably likely to have a direct, substantial, and readily identifiable financial impact on the member. Members of the Board shall not vote on any zoning amendment ift the landowner of the property subject to ai rezoning petition ort the applicant for at text amendmentisap person whom the member hasaclose: familial, business, or other associational relationship, as defined by G.S. 160D-109(1). In accordance with G.S. 106-739, the Agricultural Advisory Board shall:  E. Duties.  1. Review and make recommendations or decisions concerning the establishment and la. Execute agreements with landowners necessary for enrollment of land in a 2. Review and make recommendations concerning any ordinance or amendment adopted or proposed for adoption under Article 61 ofChapter 106ofthel North Carolina General 3. Hold public hearings on public projects likely to have an impact on agricultural operations, particularly if such projects involved condemnation of all or part of any 4. Advise the Board of County Commissioners on projects, programs or issues affecting 5. Perform other related tasks or duties assigned by the Board of County Commissioners.  modification of agricultural districts.  voluntary agricultural district.  Statutes.  qualifying farm.  the agricultural economy or way oflife within the County.  $155.06  APPLICATION FOR CERTIFICATION OF QUALIFYING FARMLAND  AND VOLUNTARY AGRICULTURAL DISTRICTS  A. Requirements.  1. In accordance with G.S. S 106-737, to secure certification as qualifying farmland, it a. Isu used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) b. Isn managed, in accordance with the Soil Conservation Service defined erosion control practices that are addressed tol highly erodible land; and  must be real property that: and G.S. 160D-903.  4    Ist the subject ofa conservation agreement, as defined in G.S. 121-35, between the County and the owner of such Iand that prohibits non-farm use or development of such land for a period of at least 10 years, except for the creation of not more than three lots that meet applicable County zoning ands subdivision regulations. The form ofthe conservation agreement shall be approved by the agricultural advisory board  created under G.S. 106-739.  2. To Form or be included in a voluntary agricultural district, a landowner may apply to the Board. for such inclusion at the same time he or she applies for qualifying farmland certification, or at any time subsequent to receiving qualifying farmland certification. a. Pursuant to G.S. 106-738(b), the purpose ofthe voluntary agricultural districts shall be to increase identity and pride in the agricultural community and its way of life and to decrease the likelihood of legal disputes, such as nuisance actions between  farm owners and their neighbor. b. Requirements to participate:  () Meet the requirements for qualifying farmland as set forth in Section (i). An agricultural district shall consist of at least 30 contiguous acres (iri). Two or more qualifying farms consisting of a total of at least 50  155.06A. above.  or more ofq qualifying farmland; or  acres and lying within one mile ofe each other.  Landowners may apply to participate in existing districts and are encouraged to do  SO.  B. Application Procedure.  1. To secure certification as a qualifying farm, and if SO desired by the applicant, as an agricultural district, a landowner for such certification will apply to the Agricultural Advisory Board. Application forms may be obtained from the chairperson. 2. Upon receipt of an application, the chairman will forward copies immediately to:  a. County Tax Assessor'softice.  b. Macon County Natural Resources Conservation Service District Offices and the Farm Services Agency. The said offices shall evaluate, complete and return their  5    comments to the chairperson within 30 days ofr receipt. The evaluation by the Soil and Water Conservation District and the MCRS may be made jointly.  3. Within 30 days of receipt ofthe evaluations, the Board shall meet and render ac decision regarding the application. The Chairperson shall notify the applicant in accordance with 160D-403 if the real property for which certification is sought satisfies the criteria established in Section 155.06A above, and if the land has been certified as qualifying farmland, and also as a voluntary agricultural district, ifapplication was sO sought. 4. Ifthe application is denied by the Agricultural Advisory Board, the petitioner has 30 days to appeal the decision tot the Macon County Board ofCommissioners. Such appeal shall be presented in writing. Appeals from the Macon County Board of Commissioner's decision shall be in accordance with G.S. 160D-405(k).  C. District Maps.  Voluntary agricultural districts shall be marked on county maps which shall be available  for public inspection in the following county offices:  1. Register ofI Deeds;  2. Building Inspection Department; 3. Natural Resources Conservation Service; 4. Cooperative Extension Center;  5. Land Records Division of the Tax Assessor's Office; 6. Any other office deemed necessary by the Board.  D. Action to Inform.  The County may take such action as it deems appropriate through the Agricultural Advisory Board or other body or individual to encourage the formation of voluntary agricultural districts and to further their purposes and objectives, including at a minimum a public information program to reasonably inform landowners of the Farmland  Preservation Program.  $155.07  REVOCATION OF A CONSERVATION AGREEMENT.  By written notice to the Board, a landowner may revoke the conservation agreement formulated pursuant to $155.06, ort the Board may revoke the conservation agreement based on noncompliance by the landowner. Revocation by the Board shall be in accordance with G.S. 160D-403(f). Such revocation shall result in loss of qualifying farm status. The landowner has 30 days to appeal the  6    revocation decision to the Macon County BoundofCommisom.Swh appeal shall be presented in writing. Appeals from the Macon County Board of Commissioner's decision shall be in  accordance with G.S. 160D-405(k).  $155.08 A. Purpose.  PUBLIC HEARINGS ON CONDEMNATION OF FARMLAND.  Pursuant to G.S. $106-740, the county in enacting a Farmland Preservation ordinance may provide that no State or local publicagency or governmental unit may formally initiateany action to condemn any interest in qualifying farmland within a voluntary agricultural district until such agency or unit has requested the local Agricultural Advisory Board to  hold a public hearing on the proposed condemnation.  B. Procedure.  1. Upon receiving a request, the Agricultural Advisory Board shall publish notice describing the proposed action in the appropriate newspaper ofthe area in accordance with state law and will in the same notice notify the public oft the time, date and place  ofa public hearing on the proposed condemnation.  2. The Board shall meet to review:  a. Ifthe need for the project has been satisfactorily established by the agency or unit ofgovernment involved, including a reviewofanyi fiscal impact analysis.conducted b. Alternatives to the proposed action that are less impactive and disruptive to the agricultural activities and farmland base ofthe voluntary agricultural district within  by the agency involved; and  which the proposed action is to take place.  3. The Board shall consult with the county Agricultural Extension Agent, U.S.D.A Natural Resource Conservation Service District conservationist, and may consult with any other individuals, agencies or organizations, public or private, necessary to the Board's review ofthe proposed action. Land value will not be a factor in the selection between properties under consideration for the proposed condemnation. 4. The Board shall have 30 days after receiving a request under this section to hold the public hearing and submit its findings and recommendations to the agency. 5. Pursuant to G.S. $ 106-740(3), the agency may not formally initiate a condemnation action while the proposed condemnation is properly before the advisory board within  these time limitations.  $155.09  WAIVER OF WATER AND SEWER ASSESSMENT  7    A. Purpose.  The purpose of this section is to help mitigate the financial impacts on farmers of some  local and state capital investments unused by said farmers.  B. Procedure.  Pursuant to G.S. 106-742, the following procedures shall apply:  1. Water and sewer assessments shall be held in abeyance, without interest or penalty, for farms inside a voluntary agricultural district, until improvements on such property are connected to the water or sewer system for which the assessment was made. 2. When the period of abeyance ends, the assessment is payable in accordance with the 3. Statutes of limitations are suspended during the time that any assessment is held in 4. Assessment procedures followed under Article 9 of Chapter 153A of the General Statutes shall conform to the terms of this ordinance with respect to qualifying farms that entered into conservation agreements while such ordinance was in effect. 5. Nothing in this section is intended to diminish the authority of the County to hold  terms set out in the assessment resolution. abeyance without interest and/or penalty.  assessments in abeyance under G.S. $153A-201.  $155.10  LAND USE INCENTIVES TO VOLUNTARY AGRICULTURAL  DISTRICT FORMATION  A. Purpose.  The purpose of this section is to help meet the needs of agriculture as an industry and prevent conflicts between voluntary agricultural district participants and non-farm  landowners in proximity to districts.  B. Procedure.  1. The Agricultural Advisory Board, in cooperation with the County, shall provide notification to property owners, residents and other interested persons in and adjacent to any designated agricultural district. The purpose of said notification is to inform all current and potential residents and property owners in and adjacent to an agricultural district that farming and agricultural activities may take place in this district any time during the day or night. These activities may include, but are not limited to the following: pesticide spraying, manure spreading, machinery operations, livestock  operations, sawing, and similar activities.  8    2. Provisions of this ordinance do not provide any exemptions to best management practices or to guidelines and the standards for control of point source and non-point source pollution that may otherwise apply to lands and activities on those lands in an  agricultural district. .Types ofNotification. ofmajor roads.  1. Signs identifying approved agricultural districts shall be placed along the rights-of-way 2. Maps identifying approved districts shall be provided to the Register for Deeds, Building Inspections Department, the Natural Resources Conservations Services Office, the Cooperative Extension Office, and the Land Records Office. 3. The following notice shall be available for public inspection in the Register of Deeds "NOTICE TO REAL ESTATE PURCHASERS IN MACON COUNTY OF THE AISTENCEOFYOLUNTARY AGRICULTURALDISTRICIS FORF FARMLAND Macon County has established voluntary agricultural districts for farmland preservation to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the County to inform all purchasers of real property that certain agricultural activities, including, but not limited to, pesticide spraying, manure spreading, machinery operations, livestock operations, sawing and similar activities may take place in these districts any time day or night. Maps and information on the location and establishment of these districts can be obtained from  office:  PRESERVATION"  the Macon County Planning Office.  D. Limitations. is adopted.  Voluntary agricultural districts will not be permitted in designated County growth areas, if such areas are delineated on an official county planning map as oft the date this ordinance  $155.11  NORTH CAROLINA AGENCY NOTIFICATION  A. The Board shall consult as much as possible with the North Carolina Department of Agriculture, the North Carolina Division of Natural Resources and any other entity the B. B. In accordance with G.S. 106-743, a record oft this ordinance shall be recorded with the North Carolina Commissioner of Agriculture's office after adoption. At least once a year the County shall submit a written report to the CommisomerofAgriaulu:, including the status, progress, number of enrolled farms and acres, and activities of the County's  Board deems necessary to the proper conduct ofits business.  Farmland Preservation Program.  9    Originally Adopted: Amended and Restated:  February 4, 1997  2021  10    NOTICE OF PUBLIC HEARING  Please take notice that the Macon County Board of Commissioners will conduct a public hearing on Tuesday, November 9, 2021 at 6:00 p.m. in the Commission Boardroom located on the third floor of the Macon County Courthouse, located at 5 West Main Street, Franklin, NC: 28734, concerning the proposed "Amended and Restated Macon County Water Supply Watershed Protection Ordinance,' , which amends and restates the presently existing Macon County Watershed Protection Ordinance. Public comment upon the same shall be received at this public  hearing. The public is invited to attend this public hearing.  The proposed amendments are for the purpose of bringing the Macon County Watershed Protection Ordinance into compliance with Chapter 160D ofthe North Carolina General Statutes. The proposed amendments can be viewed on the county' s website, www.maconnc.org. under "Public Announcements; - and al hard copy may be obtained in the lobby at the Courthouse  Annex Building, 5 West Main Street, Franklin, North Carolina.  This the 22nd day ofOctober, 2021. Derek Roland, Ex Officio Clerk to the Macon County Board ofCommissioners    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR ANAMENDEDAND RESTATED "MACON COUNTY WATER SUPPLY WATERSHED WHEREAS, the Macon County Board of Commissioners originally adopted the Macon County WHEREAS, the same has been amended and/or restated from time to time in order to make WHEREAS, the Board of Commissioners wishes to make certain specific amendments to the Ordinance in order to bring the Ordinance into compliance withN.C.G.S. 160D and Chapter 143, Article 21 oft the North Carolina General Statutes and restate such Ordinance in its entirety as set WHEREAS, the Board of Commissioners has the authority to make such amendments to the Ordinance pursuant to N.C.G.S. 160D-926 and Chapter 143, Article 21 of the North Carolina WHEREAS, the required Notice of Public Hearing has been duly given and duly published in accordance with the law and the required Public Hearing in connection with such amendments has NOW, THEREFORE, BEI ITORDAINED by the Macon County Board lofCommissioners that: The Macon County Water Supply Watershed Protection Ordinance, originally adopted on November 15, 1993 and which has been amended and/or restated from time to time is hereby See Exhibit A attached hereto which is incorporated herein by reference as ifmore fully set forth  PROTECTION ORDINANCE"  Water Supply Watershed Protection Ordinance on November 15, 1993; and  changes to the same; and  forth hereinafter; and  General Statutes; and  been duly held in accordance with law.  amended and restated sO that the same will hereafter read as follows:  herein.  This the 9th day of November, 2021.  Chairman, Macon County Board of Commissioner  ATTEST:  Clerk to the Macon County Board of Commissioners    CHAPTER 156: PROTECTION SECTION  RESTATED AND AMENDED WATER SUPPLY WATERSHED  General Provisions 156.01 Authority and Enactment 156.02. Jurisdiction 15603 Exceptions to. Applicability 156.04 Definitions  Subdivision Regulations 156.15 General Provisions 156.18 Construction Procedures  156.16 Subdivision Application and Review Procedures 156.17Subdivision Standards and Required Improvements 156.19 Penalties for Transferring Lots in Unapproved Subdivisions  Development Regulations 156.30 Establishment of Watershed Areas  156.31 Watershed Areas- Allowed and Not Allowed Uses (TableofUses) 156.32 Watershed Areas - Density and Built-Upon Limits  156.33 Cluster Development 156.34 Buffer Areas Required 156.36 Application ofRegulations 156.37 Existing Development 156.38 Watershed Protection Permit 156.39 Building Permit Required 156.40 Watershed Protection Occupancy Permit  156.35 Rules Governing Interpretation of Watershed Area Boundaries  156.41 Drainage ofI Impoundment Permits Within Watershed Area of the Town of Highlands  Public Health Regulations 156.50 No Threat to Public Health Permitted  156.51 Abatement  Administration, Euforcement, and Appeals  156.65 Watershed Administrator 156.66 Appeal from Administrator 156.67 Variances 156.68 Appeals from Planning Board 156.69 Changes and Amendments to the Ordinance 156.70 Public Notice and Hearing Required  1    156.71 Criminal Penalties 156.72 Remedies  GENERAL PROVISIONS  $156.01  AUTHORITY AND ENACTMENT  The Legislature of the State of North Carolina has, in G.S. $153A-121 et seq., General Ordinance Authority; and in Chapter 143, Article 21, Water and Air Resources, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare ofi its citizenry. G.S. $160D-926 refers specifically to watershed management. G.S. $143-214.5 also includes water supply watershed protection requirements. The Board of Commissioners does hereby ordain and enact into law the following sections as the Water Supply Watershed. Protection Ordinance of Macon County.  $156.02  JURISDICTION  The provisions of this ordinance shall apply: (1) within the areas designated as public water supply watershed by the NC Environmental Management Commission and shall be defined and established on the maps entitled "Watershed Protection Maps of Macon County, North Carolina" ("Watershed Maps"), which have heretofore been adopted as part ofthis Ordinance; and (2) those areas designated as excellent quality waters (areas which are of exceptional value in Macon County for recreational or ecological significance) which shall be defined and established on the maps entitled "Watershed Protection Maps Showing Excellent Quality Waters of Macon County, North Carolina" (the "Excellent Quality Waters Maps")which: are adopted simultaneously herewith, copies of which are on file in the office of the Macon County Planner and in the office  oft the Macon County Manager.  The EQW Watershed Area is further described as: All that area located within 1,000 feet oft the top of either bank of the Little Tennessee River and that area located within 500 feet to the top of either bank of any perennial stream which constitutes a tributary of the river and is located north ofaj point in the center of the dam which creates Lake Emory and extending northerly along  said river to the Macon County/Swain County line.  The Watershed Maps and all explanatory matter contained thereon, are hereby made a part A copy of this Ordinance shall be permanently kept on file in the office of the Macon  ofthis Ordinance and are incorporated herein by reference as ifherein fully set forth.  County Manager. $156.03  EXCEPTIONSTOAPPLICABILITY  (A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these  2    regulations specifically replace; nor shall any provision oft this ordinance amend, modify or restrict any provisions of the Code of Ordinances of Macon County; however, the adoption of this ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the County at the time of the adoption ofthis ordinance that may be construed to impair or reduce (B) Itis not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these (C) Existing development, as defined in this ordinance, is regulated under the provisions as (D) Expansions to existing development must meet the requirements oft this ordinance, except single family residential development unless expansion is part of common plan of development. In an expansion, the built-upon area oft the existing development is not required to be included in the density calculations. Where there is a net increase of built upon area, only the area of net increase is subject to this ordinance. Where existing development is being replaced with new built upon area, and there is net increase of built upon area, only areas of net increase shall be subject (E) Ifal Non-Conforming Lot of Record is not contiguous to any other lot owned by the same party, then that lot ofrecord shall not be subject to the development restrictions of this ordinance ifitis is developed for single-family residential purposes. [The County requires the combination of contiguous nonconforming lots of record owned by same party to establish a lot or lots that meet  the effectiveness ofthis ordinance or to conflict with any ofits provisions.  regulations shall control. stated in $156.37.  to this ordinance.  the requirements as set forth in Sections 156.15-156.19 oft this ordinance.]  $156.04  DEFINITIONS  For the purpose of this ordinance the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words in the present tense include future tense. Words used int the singular numberinclude the plural, and words usedi ini the plural numberinclude the singular, unless the natural construction of the wording indicates otherwise. AGRICULTURAL USE. The use of waters for stock watering, irrigation, and other farm BALANCE OF WATERSHED (BW). The area adjoining and upstream of the critical area in a WS-II and WS III water supply watershed. The "balance ofwatershed" is comprised oft the entire land area contributing to surface drainage to the stream, river, or reservoir where a water supply  purposes.  intake is located.  3    BESTMANAGEMENTPRACTICES (BMPS). A structural orI nonstructural management-based practice used singularly or in combination to reduce non-point source inputs to receiving waters BUFFER. An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner sO that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation ofimpounded structures and from the bank of each side ofs streams or rivers. BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosing of persons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other such open structure, with or BUILT-UPONAREA. Built-upon areas shall include that portion ofac development project that is covered by impervious or partially impervious (does not allow water to infiltrate from surface to subsurface) cover including buildings, pavement, gravel areas (such as roads, parking lots, paths), recreation facilities (such as tennis courts), and the like. (Note: Wooden slatted decks are CLUSTER DEVELOPMENT. The grouping ofbuildings in order to conserve land: resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes non-residential development as well as single family residential subdivisions and multi-family developments. For the purpose of this ordinance, planned unit developments and mixed use development are considered as cluster development. COMMON. PLANOFDEVELOPMENT. Site where multiple separate and distinct development activities may be taking place at different times or different schedules but governed by a single CRITICALAREA. The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either % mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line ofthe watershed (whichever comes first); or % mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). The County may extend the critiçal area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical areaifthese landmarks are immediately adjacent to the appropriate outer boundary ofone- CUSTOMARY HOME OCCUPATIONS. Any use conducted entirely within a dwelling and carried on by the occupants thereof, which usei is clearly incidental and secondary to the use ofthe dwelling for residential purposes and does not change the character thereof. Provided further that  ino order to achieve water quality protection goals.  without a roof, shall not be deemed to make them one building.  considered pervious).  development plan reganlessofowmerahip of parcels.  halfmile.  4    no mechanical equipment is installed or used except as is normally used for domestic or professional purposes, and that not over 25% of the total floor space of any structure is used for the occupation. No home occupation shall be conducted in any accessory building except for the storage and service ofa vehicle that is driven off site, such as a service repair truck, delivery truck, DAM. A structure and appurtenant works erected by human effort and direction to impound or DEVELOPMENT: Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the DISCHARGINGINGLANDFILL. A landfill which discharges treated leachate and which requires a DRAINING. Any act in furtherance ofthe release of water from an impoundment at a rate greater than the rate by which the impoundment is normally replenished by its usual groundwater and DWELLING UNIT. A building, or portion thereof, providing complete and permanent living EXISTING DEVELOPMENT. Those projects that are built or those projects that at a minimum have established a vested right under North Carolina law as ofthe effective date ofthis ordinance, EXISTING LOT (LOT OF RECORD). A lot which is part ofas subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to the adoption of this ordinance (i.e. prior tol November 15, 1993), oral lot described by metes and bounds, the description ofwhich has been sO recorded prior to the adoption of this ordinance (i.e. prior to November 15, 1993). FAMILI. One ormore persons occupying: as single dwelling unit, provided that unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but further provided that domestic servants employed or living on the premises may be housed on the HAZARDOUS MATERIAL. Any substance listed as such in: SARA section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and  and the like. divert water.  infiltration of precipitation into the soil.  National Pollution Discharge Elimination System (NPDES) permit.  subsurface sources. facilities for one family.  (i.e. November 15, 1993) to which the project is subject.  premises without being counted as a family or families.  hazardous substances).  IMPOUNDMENT. The body of water impounded by a dam.  5    INDUSTRIAL DEVELOPMENT. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage ofa any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or INTERMITTENTSTREAM. A well-defined channel that contains water foronly part oft the year, typically during winter and spring when the aquatic bed is below the water table. The flow may be heavily supplemented by stormwater runoff. An intermittent stream often lacks the biological and hydrological characteristics commonly associated with the continuous conveyance of water. LANDFILL. A facility for the disposal of solid waste on land in a sanitary manneri in accordance with. Chapter 130A, Article 9 oft the N.C. General Statutes. For the purpose of this ordinance this LOT. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to MAJOR VARIANCE. A variance that is not a Minor Variance as defined in this ordinance. MINOR VARIANCE. A variance from the ordinance that resultsina a relaxation, by a factor ofup to 10%, ofa any management requirement under the low density option. For variances to a buffer requirement, the percent variation shall be calculated using the foot print of built-upon area proposed to encroach with the buffer divided by the total area of vegetated setback within the NONCONFORMING LOT OF RECORD. A lot described by a plat or deed that was recorded prior to the effective date ofthis ordinance (i.e. prior to November 15, 1993) that does not meet NON-RESIDENTIAL DEVELOPMENT: All development other than residential development, PERENMIALSTREAN. A well-defined channel that contains water year-round during ay year of normal rainfall with the aquatic bed located below the water table for most of the year. Groundwater is the primary source of water for a perennial stream, but it also carries stormwater runoff. A perennial stream exhibits the typical biological, hydrological, and physical characteristics commonly associated with the continuous conveyance of water. PERENNIAL WATERBODY. A natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude the growth of rooted plants. The water body must be part of a natural drainage way (e.g. connected by surface  commodity.  term does not include composting facilities.  the same. Includes the words "plot", "parcel", or "tract".  project.  the minimum size or other development requirements oft this ordinance.  agriculture and silviculture.  flow to a stream).  6    PERSON. Includes a firm, association, corporation, trust, and company as well as individual. PLAT. A map or plan ofa parcel ofland which is to be, orl has been subdivided.  QUALIFIED. INDIVIDUAL. A person certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification (SWITC) course offered  by the N.C. Div. of Water Resources at N.C. State University. RECREATIONAL VEHICLE. A vehicle, which is:  (a) Built on a single chassis;  (b) 400 square feet or less when measured at the largest horizontal projection; (c) Designed to be self-propelled or permanently towable by a light duty truck; and (d) Designed primarily not for use as a permanent dwelling, but as temporary living  quarters for recreational, camping, travel, or seasonal use.  RECREATIONAL VEHICLE PARK OR SUBDIVISON. A tract or parcel (or contiguous parcels) of land divided into two or more lots or RV parking sites for rent or sale for occupancy by recreational vehicles used as temporary living quarters or for storage ofai recreational vehicle. RESIDENTIAL, DEVELOPMENT. Buildings for residence such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and the like, and their associated outbuildings such as garages, storage buildings, gazebos and the like, and RESIDUALS. Any sold or semi-solid waste generated from a wastewater treatment plant, water treatment plant, or air pollution control facility permitted under the authority oft the Environmental SEDIMENT. Solid particulate matter, both mineral and organic, that has been or is being  customary home occupations.  Management Commission.  transported by water from its site of origin.  SHALL. Is always mandatory and not merely directory. SINGLE-FAMILYRESIDENTIAL. Any development where: (1) No building contains more than one dwelling unit; (2) Every dwelling unit is on a separate lot; and  7    (3) Where no lot contains more than one dwelling unit.  STREET( (ROAD). A right ofway for vehiculartraffic which affords the principal means ofaccess STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location 011 the land or attachment to something having permanent location on the land. SUBDIVIDER. Any person, firm, corporation or official who subdivides or develops any land SUBDIVISION. All divisions of a tract or parcel ofland into two or more lots, building sites, or other divisions for the purpose ofsale or building development (whether immediate or future) and shall include all division of land involving the dedication ofa a new: street or a change in existing streets; but the following shall not be included within this definition nor be subject to the (I) The combination or recombination of portions of previously subdivided and recorded lots where the total number ofl lots is not increased and the resultant lots are equal to or exceed (2) The division of land into parcels greater than IO acres where no street right-of-way (3) The public acquisition by purchase ofs strips ofland for the widening or opening of streets. (4) The division ofat tract in single ownership whose entire area is no greater than 2 acres into not more than 3 lots, where no street right-of-way dedication is involved and where the  toa abutting properties.  Includes the word "building".  deemed to be a subdivision as herein defined.  regulations authorized by this ordinance:  the standards ofthis ordinance. dedication is involved.  resultant lots are equal to or exceed the standards oft this ordinance. (5) The division of a tract into plots or lots used as a cemetery.  (6) The division of a tract into parcels in accordance with the terms of a probated will or in accordance with intestate succession under Chapter 29 ofthe General Statutes. SURFACE WATERS. All water oft the State as defined in N.C.G.S. 452eseptumegound TEN-YEAR STORM. The surface run-off resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and ofa duration which will produce the maximum peak rate of run-off for the watershed of interest under average antecedent wetness  waters.  conditions.  8    TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their offspring or other adverse health effects. VARIANCE. A permission to develop or use property granted by the Planning Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental VESTED RIGHT. The right to undertake and complete the development and use ofpropertyunder the terms and condition of an approved site-specific development plan or an approved phased WATER DEPENDENT STRUCTURE. Any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks and bulkheads. Ançillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not water dependent structures. WATERSHED. The entire land area contributing surface drainage to a specific point (such as the water supply intake) or alternatively, the geographic region within which water drains to a WATERSHED ADMINISTRATOR. An official or designated person of Macon County responsible for administration and enforcement of this ordinance with the exception of Section 156.41 which shall mean the official or designated person of the Town of Highlands responsible  Management Commission that is incorporated into this ordinance.  development plan, in accordance with N.C.G.S $160D-108.  particular river, stream or body ofwater.  for administration and enforcement of Section 156.41. WILL. Is alwaysmandatory and not merely directory.  SUBDIVISIONREGULATIONS:  $156.15  GENERAL PROVISIONS  (A) Nos subdivision plat ofland within the Water Supply Watershed shall be filed or recorded by the Macon County Register of Deeds until it has been approved in accordance with the provisions ofthis ordinance. Likewise, the Macon County Clerk of Superior Court shall not order or direct the recording of a plat if the recording of such plat would be in conflict with this  ordinance.  9    (B) The approval of a plat does not constitute or effect the acceptance by the County or the public oft the dedication ofany street or other ground, easement, right-of-way, public utility line, (C) All subdivisions shall conform with the mapping requirements contained in G.S. $47-30. (D) All subdivisions of land within the jurisdiction of the County after the effective date ofthis ordinance (i.e. November 15, 1993) shall require a plat to be prepared, approved, and recorded  ord other public facility show on the plat and shall not be construed to do SO.  pursuant to this ordinance.  $156.16  SUBDIVISION APPLICATION AND REVIEW PROCEDURES  (A) All proposed subdivisions shall be reviewed prior to recording with the Macon County Register of Deeds by submitting a vicinity map to the Watershed Administrator to determine whethero orr not the property is located within the designated Water Supply Watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of this ordinance and may be recorded provided the Watershed Administrator initials the vicinity map. Subdivisions within the designated watershed area shall comply with the provisions of this (B) Subdivision applications shall be filed with the Watershed Administrator on forms provided by the Administrator. The application shall include a completed application form, 2 copies of the plat, a description of the proposed method of providing storm water drainage, and supporting documentation deemed necessary by the Watershed Administrator or the Planning (C) The Watershed Administrator shall review the completed application and shall either approve, approve conditionally, or disapprove the application. The Watershed Administrator shall take final action within 45 days of submission oft the application. The Watershed Administrator may. provide public agencies an opportunity to review and make. However, failure oft the agencies to submit their comments and recommendations shall not delay the Watershed Administrator's action within the prescribed time limit. The public agencies may include, but are not limited to the  ordinance and all other state and local requirements that may apply.  Board.  following:  (1) The NCDOT district highway engineer with regard to proposed streets and (2) The director of the Macon County Health Department with regard to proposed private water systems or sewer systems normally approved by the Health Department. (3) The state Division of Water Resources with regard to proposed sewer systems  highways.  normally approved by the Division.  10    (4) The state Division of Energy, Mineral and Land Resources with regard to engineered storm water controls or storm water management in general. (5) County entities responsible for proposed sewer and/or water systems.  (6) Any other agency or official designated by the Watershed Administrator or  Planning Board.  (D) Ifthe Watershed Administrator approves the application, such approval shall be indicated on both copies oft the plat by the following certificate and signed by the Watershed Administrator.  Certificate of Approval For Recording  Icertify that the plat shown hereon complies with the Watershed Protection Ordinance and isa approved by the Watershed Administrator for recording in the Register of Deeds Office.  Date:  Watershed Administrator: restrictions may apply.  Notice: This property is located within a Water Supply Watershed -development  (E) Ifthe Watershed Administrator disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant andi in accordance with N.C.G.S. $160D-403. The subdivider may make changes and submit a revised plan which shall constitute: a (F) As a condition for approval, all subdivision plats shall comply with the requirements for (G) The Subdivider shall provide the Watershed Administrator with the evidence the plat has been reçorded with the Macon County Register ofI Deeds within 5 working days.  separate request for the purpose ofr review.  recording of the Macon County Register of Deeds.  $156.17  SUBDVISION STANDARDS AND REQUIREDI IMPROVEMENTS.  (A) Adequate Building Space. All lots shall provide adequate building spacei in accordance with the development standards contained in $156.30 through 156.41. Lots which are smaller than the minimum required for residential lots may be developed using built-upon area criteria in accordance with Sections $156.30 through 156.41 shall be identified on the plat as "NOT FOR (B) Total Project Area. For the purpose of calculating built-upon area, total project area shall  RESIDENTIAL PURPOSES".  include total acreage in the tract on which the project is to be developed.  11    (C) Storm Water Drainage Facilities. The application shall be accompanied by a description ofthe proposed method lofproviding storm water drainage. Thes subdividershall provide a drainage system that diverts storm waterrunoffaway. from surface waters,ncorporates Storm Water Control Measuresto minimize water quality impacts, and meets any local requirements. (D) Erosion and Sedimentation control. The application shall, where required, be accompanied by the sedimentation and erosion control plan approval by the County's Soil and Erosion Control  Administrator.. $156.18  CONSTRUCTION PROCEDURES  (A) Noconstruction or installationo ofimprovements shall commence in aj proposed subdivision (B) No building or other permits shall be issued for erection ofa structure on any lot not on record at the time of adoption oft this ordinance (i.e. November 15, 1993) until all requirements of this ordinance have been met. The subdivider, prior to commencing any work within the subdivision, shall make arrangements with the Watershed Administrator to provide for adequate  until a subdivision plat has been approved by the Watershed Administrator.  inspection. $156.19  PENALITES FOR TRANSFERRING LOTS IN UNAPPROVED  SUBDIVISIONS  Any person who, being the owner or agent ofthe owner ofany land located within the jurisdiction of! Macon County, thereafter subdivides his or her land in violation of this ordinance or transfers or sells landby reference to, exhibition of, or any other use ofa plat showing a subdivision of the land before the plat has been properly approved under this ordinance and recorded in the office of the Register of Deeds, shall be guilty ofa misdemeanor. The description by metes and bounds in the instrument oftransfer or other document used in the process ofselling or transferring land shall not exempt the transaction for this penalty. The County may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this ordinance.  DEVELOPMENTREGULATIONS  $156.30.  ESTABLISHMENT OF WATERSHED AREAS  Thej purpose oft this Section is to list and describe the watershed areas herein adopted. For purposes of this ordinance, Macon County is hereby divided into the following area(s) as  appropriate:  12    Watershed Classification WS-I WS-II-CA WS-II-BW WS-III-CA WS-III-BW WS-EQW  Watershed Type Watershed One Watershed Two Critical Area Watershed Two Balance Area Watershed Three Critical Area Watershed Three Balance. Area Watershed Excellent Quality Waters  $156.31. (TABLE OF USES) Activity/Use New Landfills Discharging Landfills New permitted residual land No No application New permitted petroleum contaminated soils sites NPDES General or Individual Stormwater Discharges NPDES General Permit Wastewater Discharges pursuant to 15A NCAC 02H.0127 NPDES Individual Permit trout farm discharges New NPDES Individual Permit domestic treated wastewater discharge New NPDES Individual Permit industrial treated wastewater discharge Non-Process Industrial Waste New industrial connections No No and expansions to existing municipal discharge with pretreatment program pursuant to 15A NCAC 02H.0904 Sewage Industrial Waste  WATERSHED. AREAS-ALLOWED AND NOT ALLOWED USES  Watershed Supply Watershed Classification WS- WS-II- WS-II- WS-III- WS-III- WS-EQW  CA  BW Yes No Yes Yes Yes Yes  CA No No No No Yes Yes  BW Yes No Yes Yes Yes Yes  No No No No No No Yesa Yes Yesa Yes  No No No No No No  Yesa Yes No No No No No No  Yes No No No No  Yes No Nob Yes No  Yes Yes Nob Yes No  No No No No No  No Noe No Noe  Noc Nor 13  No- Noc  Noc Nor  Noc No-    Other wastes Groundwater remediation project dischargesd Agriculturee Silviculturef Non-residential Development Animal Operationsi Notes:  No Noe Yes Yes Yes Yes Yes Yes No Yes Yes Yes  Noe Yes Yes Yes Yes Yes Yes Yes  Noo Yes Yes Yes Yes Yes Yes Yes  Noo Yes Yes Yes Yes Yes Yes Yes  Noc No Yes Yes Yes Yes No No  Residential Development 9 No Yes Nonpoint Source Pollutionh Yes Yes  a Permitted pursuant to 15A NCAC 02B.0104 bExcept non-process industrial discharges are allowed c Only allowed ifs specified in 15A NCAC 02B.0104 d Where no other practical alternative exists  e In WS-I watersheds and Critical Areas of WS-II and WS-III watersheds, agricultural activities conducted after 1/1/1993 shall maintain a minimum 10 foot vegetated setback or equivalent control as determined by SWCC along all perennial waters indicated on most recent version of USGS 1:24000 scale (7.5 minute) topographic maps or as determined by local government fSubject to Forest Practice Guidelines Related to Water Quality (02 NCAC 60C .010010.0209) h NPS pollution shall not have adverse impact, as defined in 15A NCAC02H.1002, on use as iAnimal operations deemed permitted, as defined in 15A NCAC02T.0103 and permitted under  studies. Effective 4/1/2018  9 See density requirements in 15A NCAC02B.0624 water supply or any other designated use.  15AI NCAC 02T.1300. $156.32.  WATERSHED AREAS-I DENSITY AND BUILT-UPONI LIMITS  (A)Project Density. The following maximum allowable project densities and minimum lot sizes shall apply to aj project according to the Classification of the water supply watershed where it is located, its relative location in the watershed, its project density, and the type of  development:  Maximum Allowable Project Density or Minimum Lot Size Density Development Single-Family Non-residential  Water Supply Classification WS-I  Location in the Watershed  Detached Residential  and all other residential*  Not Applicable: Watershed shall remain undeveloped except for the following uses when they cannot be  14    avoided: power transmission lines, restricted access roads, and structures associated with water withdrawal, treatment and distribution ofthe WS-I water. Built-upon area shall be designed and located to minimize stormwater runoff  impact to receiving waters.  WS-II  CA BW CA BW  € dwelling unit 6% built-upon (du) per 2 acres area 1 duj per 1 acre 12% built-upon 10 du per 1 acre 12% built-upon 2dup per 1 acre 24% built-upon 20 du per 1 acre 18%built upon  area** area area** area**  WS-III  WS-EQW  For the purposes of calculating built-upon area, total project area shall include total acreage in the tact on which the project is to be developed. ** SNIAS allowed upon approval by Planning Board - see Section C below  (B)A Additional Requirements. In addition to complying with the project density requirements of (I). Vegetated Conveyances. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the County shall take into account: site-specific factors such as topography and site layout as well asp protectionofwater quality. Vegetated conveyances shall be maintained in perpetuity to ensure that function as designed. Vegetated conveyances that meet the following criteria shall they be (a) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless it is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and (b) The conveyance shall be designed sO that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations. (2) Curb OutletSystems. In lieu of vegetated conveyances, projects shall have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas, Requirements for these curb outlet systems shall be as follows:  Paragraph (A) above, projects shall comply with the following:  deemed to satisfy the requirements oft this sub-paragraph:  15    (a) The curb outlets shall be located such that the swale or vegetated area can carry the (b) The longitudinal slope oft the swale or vegetated area shall not exceed 5% except where not practical due to physical constraints. In these cases, devices to slow the rate ofrunoffand encourage infiltration to reduce pollutant delivery shall be provided; (c) The swale's cross section shall be trapezoidal with a minimum bottom width of2 feet; (d) The side slopes ofthe swale or vegetated area shall be no steeper than 3:1 (horizontal (e) The minimum length oft the swale or vegetated area: shall be 100 feet; and (f) Projects may use treatment swales designed in accordance with 15A NCAC 02H.1061  peak flow from the 10-year storm and at a non-erosive velocity;  to vertical);  in! lieu ofthe requirements specified in (a) through (e)above.  (C)Special Nomresidential Intensity Allocations (SNIA).  In WS-II-Balance ofWatershed, WS-III-Balance of Watershed and EQW watersheds, non residential uses may occupy 10% of the balance of the watershed, which is outside the critical area, with a 70% built-upon area when approved as a special nonresidential intensity allocation (SNIA). The Planning Board is authorized to approve SNIAS consistent with the provisions oft this ordinance, and such approved projects shall be awarded on a first come, first serve basis. Projects must minimize built-upon surface area, direct stormwater away from surface waters and incorporate Best Management Practices to minimize water quality impacts. Non-discharging landfills and residuals applications sites are allowed. Recreational  vehicle parks shall not be eligible for a SNIA,  Projects shall comply with the requirements set forth in Paragraph (B) above.  Projects that require point source discharges of a kind and nature which require permitting under Federal, State or local laws, ordinances, rules or regulations (now in existence or hereafter enacted) are prohibited in WS-II-BA, WS-III-BA and EQW watersheds.  $156.33 conditions:  CLUSTER DEVELOPMENT  Clustering development is allowed in all Watershed areas (except WS-I) under the following (A) Minimum lot sizes are not applicable to single family cluster development projects nor recreational vehicle parks; however, the total number of lots shall not exceed the number of lots allowed for single family detached developments in $156.31. Density or built-upon area for the  16    project shall not exceed that allowed for the critical area, balance of watershed or protected area, (B) All built-upon area shall be designed and located to minimize stormwater runoffi impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. (C) Areasofconcentrated density development shall be located in upland area and away, to the maximum extent practicable, from surface waters and drainageways. (D) The remainder oft the tract shall remain in a vegetated or natural state. The title to the open space area shall be conveyed to an incorporated homeowners association for management; to a local government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated, a (E) Cluster developments shall transport stormwater runoff by vegetated conveyances to the  whichever applies.  maintenance agreement shall be filed with the property deeds.  maximum extent practicable.  $156.34 effect:  BUFFER AREAS REQUIRED  In all watershed areas affected by this ordinance, the following buffer requirements shall be in (A) A minimum 30-foot vegetative buffer for development activities is required along all perennial waters indicated on the most recent versions ofU.S.G.S. 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies, except around the shore ofLake Sequoya, where the required buffer shall be fifty (50) feet; provided however, that access drives from existing roads located within the Lake Sequoyah buffer shall be permitted. Desirable (B) Where USGS topographic maps do not distinguish between perennial and intermittent streams, an on-site stream determination may be performed by ani individual qualified to perform (C) No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increases ini impervious area, and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater Best Management Practices.  artificial streambank or shoreline stabilization is permitted.  such stream determinations.  $156.35  RULES GOVERNING INTERPRETATION OF WATERSHED AREA  BOUNDARIES  17    Where uncertainty exists as to the boundaries oft the watershed areas, as shown on the Watershed (A) Where area boundaries are indicated as approximately following either street,  Maps, the following rules shall apply.  railroad  alley,  or highway lines or centerlines thereof, such lines shall be construed to be said boundaries. (B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the County as evidence that one or more properties along these (C) Where the watershed. area boundaries lie at a scaled distance more than 25 feet or less from any parallel lot line, the location of watershed area boundaries shall be determined by use oft the (D) Where the watershed area boundaries lie at a scaled distance of25 feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to be the lot line. (E) Where other uncertainty exists, the Watershed Administrator shall interpret the Watershed Maps as to location ofs such boundaries. This decision may be appealed to the Planning Board.  boundaries do not lie within watershed area.  scaled appearing on the watershed map.  $156.36  APPLICATION OF REGULATIONS.  (A) No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located. (B) No area required for the purpose of complying with the provisions of this ordinance shall (C) Every residential building hereafter erected, moved or structurally altered shall be located on a lot which conforms to the regulations herein specified, except as permitted in $156.37. (D) Ifa use or class of use is not specifically indicated as being allowed in a watershed area,  be included in the area required to make another building.  such use or class of use is prohibited.  $156.37  EXISTING DEVELOPMENT  Any existing development, as defined by this ordinance, may be continued and maintained subject  tot the provisions provided herein.  (A)  Expansions of Existing Development.  18    Existing development as defined in this ordinance, may be continued and maintained subject to the provisions provided herein. Expansions to structures classified as existing development must meet the requirements oft this ordinance, however, the built-upon area of the existing development (B) Reconstruction of Buildings or Buili-Upon Areas. Single-family residential development may be repaired and/or reconstructed without restriction. Any other existing building or built-upon area not in conformance with the restrictions ofthis ordinance that has been damaged or removed  isr not required to bei included in the built-upon area calculations.  may be repaired and/or: reconstructed, provided:  (1) Repair or reconstructed is initiated within 12 months and completed within an (2) The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided and the  additional two years of such damage.  additional built-upon area meets the expansion requirements above.  (C) Uses of Land. This category consists of uses existing at the time of adoption of this ordinance (i.e. prior to November 15, 1993) where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued  except as follows:  (1) When such use ofl land has been changed to an allowed use, it shall not thereafter (2) Such use ofl land as a non-permitted use shall be changed only to an allowed use. (3) When such a non-permitted use ceases for a period of at least 12 consecutive  revert to any prohibited use.  months, it shall not be reestablished.  (D) Vacant Lots. This category consists of vacant lots for which plats or deeds have been recorded in the office ofthe Registrar of] Deeds ofMacon County. A lot may be used or any oft the  uses allowed in the water area in which it is located.  $156.38  WATERSHED PROTECTION PERMIT  (A) Except where a single-family residence is constructed on al lot deeded prior to the effective date of this ordinance (i.e. prior to November 15, 1993), no building or built-upon area shall be erected, moved, enlarged, or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a Watershed Protection Permit has been issued by the Watershed Administrator. No Watershed Protection Permit shall be issued  except in conformity with the provisions ofthis ordinance.  19    (B)  Watershed Protection Permit applications shall be filed witht the Watershed Administrator. The application shall include a completed application form to be provided by the Watershed Administrator and supporting documentation deemed necessary by the Watershed Administrator. (C) For those watershed protection permit applications which require use of the built-upon option instead of the lot-size option (i.e. non-residential and all other residential that is not single family residential = see Uses Table), the application shall include the following information:  (1) Asite sketch, drawn to scale of at least one inch to 401 feet, oft the parcel of property showing its actual dimensions and size, and showing the dimensions and size of all buildings, pavement, gravel roads, recreation facilities, or any other portion of a  development that is impervious or partially impervious; (2) The use to which the completed project shall be devoted; and applicant's proposal with the provisions of this ordinance.  (3) Any other information reasonably necessary to evaluate the compliance of the  (D) Prior to issuance of a Watershed Protection Permit, the Watershed Administrator may consult with qualified personnel for assistance to determine if the application meets the (E) A Watershed Protection Permit shall expire ifa building permit or Watershed Occupancy Permit for such use is not obtained by the applicant within 12 months from the date ofi issuance.  requirements of this ordinance.  $156.39  BUILDING PERMIT REQUIRED  Except for a single-family residence constructed on ai lot deeded prior to the effective date ofthis chapter, no permit required under North Carolina State Building Code shall be issued for any activity for which: a Watershed Protection Permit is required until that permit has been issued.  $156.40 WATERSHED PROTECTION OCCUPANY PERMIT  (A) The Watershed Administrator shall issue a Watershed Protection Occupancy permit certifying that all requirements oft this ordinance have been met prior to the occupancy or use ofa building hereafter erected, altered or moved and/or prior to the change of use of any building or (B) A Watershed Protection Occupancy Permit, either for the whole or part ofa building, shall bea applied for coincident with the application fora Watershed Protection Permit and shall bei issued or denied within 10 business days after the erection or structural alterations of the building. The applicant should notify the Watershed Administrator and request the issued Watershed Protection  land.  Occupancy permit when building is complete.  20    (C) Whenonlyachange in use ofland or existing building occurs, the Watershed Administrator shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this (D) Ift the Watershed Protection Occupancy Permit is denied, the Watershed Administrator shall notify the applicant in writing state the reasons for denial. and in accordance with N.C.G.S. (E) No building or structure which has been erected, moved, or structurally altered may be occupied until the Watershed Administrator has approved and issued a Watershed Protection  ordinance have been met coincident with the Watershed Protection Permit.  $160D-403.  Occupancy Permit. $156.41  DRAINAGE OF IMPOUNDMENT PERMITS WITHIN WATERSHED  AREA OF THE TOWN OF HIGHLANDS  (A) Purpose and. Scope. The dminingofimpoum.imems without taking adequate precautions to prevent the release of accumulated sediment into the stream below the impoundment shall be considered ai threat to the public health, safety and welfare. This section is adopted for the purposes (B) Jurisdiction. The provisions of this section shall apply within that portion of the watershed area of the Town of Highlands which is located within the County of Macon and not within the boundaries of the Town of Highlands, as the same is determined on the Watershed  of regulating the draining ofimpoundments.  Maps.  (C) Permil Required.  (1) Before the owner of any impoundment drains an impoundment, he or she shall first notify the Town of Highlands Watershed Administrator in writing not less than 30 days prior to doing SO, specifying the name of the impoundment, if any, the location of the impoundment, the surface area of the impoundment, and the size of the contributing drainage area. The owner or his or her agent shall not proceed with the draining without issuance of an Impoundment Draining Permit from the Town of Highlands Watershed  Administrator.  (2) Submittal ofthe following information shall be required:  (a) Impoundments either less than or equal lo Y acre in surface area or naturally receiving the surface water rumoff ofless than or equal to 75 acres. For impoundments either less than or equal to % acre in surface area at full pool, or receiving the surfaçe water runofffrom less than or equal to 75acresofcontributing drainage area, or both (such as meeting both of the two foregoing criteria), the  21    applicant shall submit a plan indicating the method to be used in draining the lake and the measures to be taken to prevent the release of sediment from the  impoundment. Such plans shall alsoinclude the following:  (i) At time schedule for completion of the draining. The time limit for draining the impoundment shall not exceed 60 days without written permission from the Town of Highlands Watershed Administrator, unless the draining is of a permanent nature, and in such case all areas subject to erosion and sedimentation shall be permanently stabilized. (ii) Plans showing the specific measures to be taken to limit turbidityimmediately downstream from thei impoundment tto 50 NTUS at all times during and after draining.  (b) Impoundments either more than Y acre in surface area or naturally receiving the surface wateri runoffofmore than 75 acres. Fori impoundments either more than % acre in surface area at full pool, or receiving the surface water runoff from more than 75 acres of contributing drainage area, or both (such as meeting both oft the two foregoing criteria), the applicant shall submit aj plan prepared by an N.C. Professional Engineer, indicating the method to be used in draining the lake and the measures to be taken to prevent the release of sediment from the  impoundment. Such plans shall also include the following:  (i) A time schedule for completion of the draining. The time limit for draining the impoundment shall not exceed 60 days without written permission from the Town of Highlands Watershed Administrator, unless the draining is of a permanent nature, and in such case all areas subject to erosion and sedimentation shall be permanently stabilized. II) Detailed plans and specifications sealed by an N.C. Professional Engineer showing temporary erosion control measures, diversion measures, or other channel protection measures designed to protect against erosion and the loss of sedimentation at all times up to and including a ten-year storm, and to limit turbidity immediately downstream from the impoundment to 50 NTUS at all times during and after  draining.  (c) The Town of Highlands Watershed Administrator may submit any plans received under the foregoing divisions (A) and (B) to the town engineer, to a consulting engineer having expertise in this field, or to the North Carolina  22    Department of Environment and Natural Resources (DENR) for review and comment at the expense of the Town of Highlands. The Town of Highlands Watershed. Administrator shallis issued the Impoundment Draining Permit only upon ad determination that the plan is adequate to prevent the release of sediment from the impoundment and to limit turbidity immediately downstream from the impoundment to 50 NTUS at all times during and after draining. (d) Such permit shall not relieve the applicant of the obligation to obtain whatever state or federal permits are required under the law. (e) The applicant shall comply in all respects with the time schedules and (f) The Town of Highlands Watershed Administrator may also request the Town Engineer, qualified officials from the North Carolina Department of Environment and Natural Resources, or other qualified consultants or employees oft the Town of Highlands, to conduct turbidity monitoring downstream from the impoundment to ensure compliance with the plan submitted and approved. "Turbidity monitoring" as used herein, shall mean all testing, sampling, or other procedures or activities related to the determination of turbidity levels both upstream and downstream from impoundments. The TownofHighlands: Watershed Administrator may assess the costs ofall turbidity monitoring to the applicant. The applicant shall allow access to all portions of the applicant's land necessary to  approved plans.  accomplish any of the purposes oft this section.  PUBLIC: HEALTH REGULATIONS  $156.50  NOTHREATTO PUBLIC HEALTH PERMITTED.  No activity, situation, structure or land use shall be allowed within the watershed, which poses a threat to water quality and the public health, safety and welfare. Such conditions may arise from in adequate on-site sewage systems which utilize ground absorptions; inadequate sedimentation and erosion control measures; thei improper storage or disposal ofjunk, trash or other refuse within a buffer area: the absence or improper implementation of a spill containment plan for toxic and hazardous materials; thei improper management of stormwater runoff, or any other situation found  to pose at threat to water quality.  $156.51  ABATEMENT  (A) The Watershed Administrator shall monitor land use activities within the watershed areas  toi identify situations that may pose a threat to water quality.  23    (B) Where the Watershed Administrator finds a threat to water quality and the public health, safety, and welfare, the Macon County Board of Commissioners shall institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation.  ADMINISTRATION, ENFORCEMENTANDAPPEALS  $156.65  WATERSHED ADMINISTRATOR  Macon County shall appoint a Watershed Administrator, who shall be duly sworn in. It shall be the duty oft the Watershed Administrator to administer and enforce the ovsonsoflhisoninane (A) The Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours oft the Administrator. (B) The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection ordinance and shall provide copies ofall amendments upon adoption to the Stormwater Branch oft the Division of Energy, Mineral, and Land Resources. (C) The Watershed Administrator shall keep records oft the jurisdiction's use of the provision that a maximum of 10% of the non-critical area of WSII-BW and WS-III-BW watersheds may be developed with nonresidential development at a maximum of 70% built-upon surface area. Records for each watershed shall include the total acres ofr non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual reçords for each project with the following information: location, number of developed (D) The Watershed Administrator is granted the authority to administer and enforce the provisions oft this ordinance, exercising in the fulfillment of! his orl her responsibility the full police power ofMacon County, except that no civil or criminal action can be taken without the expressed permission ofthe County Manager. The Watershed Administrator, or his or her duly authorized representative, may periodically inspect projects to ensure compliance with this ordinance Pursuant to GS 160D-403(e), the Watershed Administrator, or his or her duly authorized representative, must enter the premises during reasonable hours and upon presenting credentials; provided however that the appropriate consent has been given forinspection of areas not open to (E) The Watershed Administrator shall keep a record of variances to the local Water Supply Watershed Protection ordinance and shall submit this record for each calendar year to the Water Quality Section of the Division of Environmental Management on or before January Ist of the following year and shall provide a description ofeach project receiving a variance and the reasons  as follows:  acres, type of land use, and stormwater management plan (ifapplicable).  the public or that an appropriate inspection warrant has been secured.  for granting the variance.  24    $156.66  APPEAL FROM ADMINISTRATOR  (A) Any order, requirement, decision or determination made by the Watershed Administrator (B) An appeal from a decision oft the Watershed Administrator must be submitted to the Clerk for the Planning Board within 30 calendar days from receipt of the written order, interpretation, decision or determination. Notice given pursuant to N.C.G.S. 160D-403(b) by first class mail is deemed received on the third business day following deposit of the notice for mailing with the (C) All appeals must be made in writing stating the reasons for the appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board and to the appellant (and to the owner oft the property that is the subject oft the appeal ifthe appellant is not the owner) all documents and exhibits constituting the record upon which the decision appealed (D) Pursuant to N.C.G.S. 160D-405(f), an appeal ofa notice of violation or other enforcement order stays enforcement of the action appealed from and accrual of any fines assessed during the pendency oft the appeal to the Planning Board and any subsequent appeal in accordance with G.S. 160D-1402 or during the pendency ofany civil proceeding authorized byl law or appeals therefrom, unless the Watershed Administrator certifies to the board after notice ofappeal has been filed that, because oft the facts stated in an affidavit, a stay would cause imminent peril tol life or property or, because the violation is transitory in nature, a stay would seriously interfere with enforcement of the ordinance. In that case, enforcement proceedings are not stayed except by a restraining order, which may be granted by a court. If enforcement proceedings are not stayed, the appellant may file with the official a requires for an expedited hearing oft the appeal, and the board shall meet to (E) The Planning Board shall fix a reasonable time for hearing the appeal and give notice thereoft to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent, or attorney. Hearings shall be held in accordance with N.C.G.S.  may be appealed to and decided by the Planning Board.  United States Postal Service.  from was taken.  hear the appeal within 15 days after such a request is filed.  160D-406. $156.67  VARIANCES  (A) Variances. The Planning Board shall have the power to authorize, in specific cases, minor variances from the terms oft this ordinance as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this ordinance will result in practical difficulties or unnecessary hardship, sO that the spirit oft this ordinance shall be observed, public safety and welfare secured, and substantial justice done. In addition, the County shall notify and  25    allow a reasonable comment period for all other local governments having. jurisdiction in the  designated watershed where the variance is being considered.  ()Applications for a variance shall be made on the proper form obtainable from the Watershed Administrator and shall include the following information:  (a) A site plan, drawn to a scale ofat least one inch to 40 feet, indicating the property lines of the parcel upon which the use is proposed; any existing or proposed structures; parking areas and other built-upon areas; surface water drainage. The site plan shall be neatly drawn and indicate north point, name and address of the person who prepared the plan, date ofthe original drawing, and an accurate record (b) A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the (c) The Watershed Administrator shall notify in writing each local government having jurisdiction ini the watershed and the entity using the water supply for consumption. Such notice shall include a description of the variance being requested. Local governments receiving notice ofthe variance request may submit comments to the Watershed Administrator prior to a decision by the Planning Board. Such comments shall become a part of the record of proceedings oft the Planning Board. (2) Before the Planning Board may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record oft the case, and shall include (a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the five following 1. Ifhe or she complies with the provisions of the ordinance, the applicant can secure no reasonable return from, nor make reasonable use of, his or her property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate toj justify the Board in granting a variance. Moreover, the Board shall consider whether the variancei is the minimum possible deviation from the termso of the ordinance that will make 2. The hardship results from the application ofthe ordinance to the property rather than from other factors such as deed restrictions or other hardship.  ofany later revisions.  Planning Board in considering the application.  the factual reasons on which they are based:  conditions exist:  possible the reasonable use ofhis or her property.  26    3. The hardship is due to the physical nature ofthe applicant's property, such as its size, shape, or topography, which is different from that of the neighboring 4. The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the ordinance, or who purchases the property after the effective date of the ordinance (i.e. November 15, 1993), and then comes to the 5. The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice.  property.  Board for relief.  (b) The variance is in harmony with the general purpose and intent of the ordinance (c) In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. The Board shall not grant a variance ifit finds that doing sO would in any respect impair the public health, safety, or general  and preserves its spirit.  welfare.  (3) In granting the variance, the Board may attach thereto such conditions regarding the location, character and other features of the proposed building, structure, or use as it may deem advisable in the furtherance of the purpose oft this ordinance. Ifa variance for the construction, alteration, or use of property is granted, such construction, (4) The Planning Board shall refuse to hear an appeal or application for a variance previously denied ifit finds that there have been no substantial changes in conditions (5)A variance used in accordance with this section shall be considered a Watershed Protection Permit and: shall expirei ifal Building Permit or Watershed Occupancy! Permit for such use is not obtained by the applicant within 6 months from the date of the decision. Once a variance has been issued for a particular parcel, it shall remain in effect for the six-month period, regardless ofat transfer in ownership. (6) Ift the application calls for the granting of a major variance, and ifthe Planning Board decides in favor of granting the variance, the Board shall prepare aj preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall  alteration or use shall be in accordance with the approved site plan.  orc circumstances bearing on the appeal or application.  include:  27    (a) The variance application; (b) The hearing notices; (c) The evidence presented;  (d) Motions, offers of proof, objections to evidence, and rulings on them; (f) The proposed decision, including all conditions proposed to be added to the  (e) Proposed findings and exceptions; and  permit.  The preliminary record shall be sent to the Environmental Management Commission  for its review as follows:  (a)  If the Commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure no reasonable return from, nor make practical use ofthe property unless thej proposed variance is granted, and (2) the variance if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and send itt to the Planning Board. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance.  (b)  Ifthe Commission concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use ofthe property without the variance or (2) the variance, if granted, will result in a serious threat to the water supply then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Planning Board. The Board shall prepare a final decision denying the  variance as proposed.  $156.68APPEALS FROM PLANNING BOARD  Appeals from the Planning Board must be filed with the Superior Court of Macon County in accordance with N.C.G.S. 160D-406(k) and subject to review by the Superior Court by proceedings in the nature of certiorari pursuant to N.C. G.S. 160D-1402. Appeals shall be filed  within the times specified in G.S. 160D-1405(d).  $156.69 ORDINANCE  CHANGES AND AMENDMENTS TO THE WATERSHED PROTECTION  28    (A) The Macon County Board of Commissioners may, on its own motion or on petition, after public notice and hearing, amend, supplement, change or modify the watershed regulations and (B) No action shall be taken until the proposal has been submitted to the Planning Board for review and recommendations. If no recommendation has been received from the Planning Board within 45 days after submission oft the proposal to the Chairman oft the Planning Board, the Macon County Board ofCommissioners may proceed as though a favorable report had been received. (C) Under no circumstances shall the Macon County Board of Commissioners adopt such amendments, supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the N.C. Environmental Management Commission. All amendments  restrictions as described herein.  must be filed with the N.C. Division of Energy, Mineral and Land Resources.  $156.70  PUBLIC NOTIC. AND HEARING REQUIRED  Before adopting or amending this ordinance, the Macon County Board of Commissioners shall hold. a public hearing on the proposed changes. A notice ofthe public meeting shall be given once a week for two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than 10 nor more than 25 days before the  date fixed for the hearing.  $156.71  CRIMINAL PENALTIES.  Any person violating any provision oft this ordinance shall be guilty ofa misdemeanor and, upon conviction, shall be punished in accordance with N.C.G.S. $14-4. The maximum fine for each offense shall not exceed $500.00. Each day that the violation continues shall constitute a separate  offense. $156.72  REMEDIES  (A) If any subdivision, development and/or land use is found to be in violation of this ordinance, the Macon County Board of Commissioners may, in addition to all other remedies available either in Iaw or in equity, impose a civil penalty in the amount of $100.00, action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building, structure or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management Commission may assess civil penalties in accordance with G.S. $143.215.6(a). The penalties and remedies herein provided shall be in addition to and not in substitution of other penalties now or hereafter provided by law. Each day (B) Ifthe Watershed Administrator finds that any of the provisions of this ordinance are being violated, he or she shall notify in writing the person responsible for such violation, indicating the  that the violation continues shall constitute a separate offense.  29    nature of the violation, and ordering the necessary actions to correct it, in accordance with N.C.G.S. $160D-403. The Administrator shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this ordinance to ensure compliance with or to prevent violation ofi its provisions. An aggrieved party or parties may appeal a ruling oft the Watershed Administrator to the Planning  Board. $156.73  SEVERABILITY  Should any section or provision oft this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity oft this ordinance as a whole or any part thereof that is not specifically declared to be invalid or unconstitutional.  Effective upon adoption this  day ofl November 2021.  30    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY -] REPORIS/PRESENTATIONS  MEETING DATE: NOVEMBER 9, 2021  9A.  Shelly Foreman, the Community Relations Regional Director for  Vaya Health, will present an overview of the new Vaya Health Regional Advisory Board structure and the appointment process for members of that board. A copy ofher PowerPoint presentation will be included in the packet for your review. Itis my understanding from Ms. Foreman's email that the commission would make two appointments, one being a county commissioner and the other being either another commissioner, the county manager, the DSS or Public Health director, or the sheriff. Those appointments have been scheduled under Agenda Item 13B later in the  meeting.  9B. Tammara Cole Talley, the North Carolina Cooperative Extension 4-H and Youth Development Agent for Macon County, has requested time on the agenda for her 4-H'ers to give a short report about their activities during  2021.    5 A L I    8 U à  C - C 9 E  o 9    - -  a    a    3  -  -   6 = 9    5  6 - -   a  E  - @    E E  b0 E 7 I / U Q) O C 6 E 8 9 - 0 0 @ 0 S 3 0 E < C 0 @ 3 10 0 O S  e K A D de fo C 3 3 la L - L 8 0 € D AT a - 0 D a 8 b0 e / 9 C 0 B A O > 8  - I I a D @ - 00 O a a C 00 3 3 à D 0 A 9 0 - & E d9  D B  a A a E e € I la 8 d8 à 8 I 5 6 - $ 5 by by 80 0 8 e D0 8 8 de I 52 a 8 € 8 0 e 2 4  C 9 8 0 I I  8  e de - d0 S    a        MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: November 9, 2021  10(A). Department of Social Services (DSS) Director Patrick Betancourt will present the final version ofthe Temporary Assistance to Needy Families (TANF) Electing County Plan for the board's consideration and approval. The plan covers federal fiscal years 2023-2026. A copy oft the plan, which is 76 pages in length, will be distributed to the board in a separate email from the agenda packet. Sheila Conley, the Income Maintenance Supervisor for DSS, will be at the meeting with Mr. Betancourt. In October, the board voted unanimously to remain as an "electing" county for this purpose. 10(B). Planning, Permitting and Development Director Jack Morgan will present Change Order #012 on the Macon Middle School renovation project for the board's consideration, and a copy of the change order is included in the packet. The total for the change order, which covers a variety of items,  is$ $14,636.    NewAtlantic CONTRACTING,NC.  PCO#012  New Atlantic Contracting Inc 2635 Reynolda Rd Winston Salem, North Carolina: 27106 Phone: (336) 759-7440 Fax: (336)7 759-7445 TO:  Project: 2102- Maçon Middle School Renovations  1345V Wells Grove Road Franklin, North Carolina 28734  Prime Contract Potential Change Order #012: Various Change Events  Macon County 5West Main Street Franklin, North Carolina 28734  FROM: CONTRACT: CREATED! BY: CREATED DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAIDI INF FULL: SIGNED CHANGE ORDER RECEIVEDI DATE: TOTAL AMOUNT:  New Atlantic Contracting Inc 2635 Reynolda Rd Winston Salem, North Carolina 27106 1- Macon Middle School Renovations Prime Contract Frank Harris (New Atlantic Contracting Inc) 11/3/2021 None No $14,636.00  PCO NUMBERIREVISION: 012/1 REQUESTI RECEIVEDI FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULEIMPACT: EXECUTED:  Pending In Review No No  POTENTIAL CHANGE ORDER TITLE: Various Change Events  CHANGE REASON: Client Request  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)  11/3/21 Mr. Chris Coleman 1815 S. Tyron St. SuiteA A Charlotte, NC2 28203 RE:  Macon County Middle School Macon County Schools Franklin, NC 28734 Potential Change Order Number 012 Various Change Events  NACJOB#2102  Dear Chris,  Attached is our proposal for various change events asf follows: CE #53- Changel layout of vaulted mezzanine ceiling in Phase 1 CE #62 #34: Northeast Wing Existing Load Bearing Issues CE #9R1-RFI#G Demo vs Renovation Conflicts CE #34R1- Replace Exterior Doors atl Music Room- S302C CE #44R1- Additional waterproofing and caulking outside Music Room CE: #47R1-F RFI #25 Credit for Masonry and Shoring CE #52R1 Additional 121 keys of building master and 12 ofgreat grand master  The total coste estimate oft this work per the enclosed summary sheet and attached back-upi is $ 14,636.00 submit ourr request for ana adjustment int the contractt time and the associated delay costs.  Ina addition, the time impact and delay cost associated with this change canr not be fully determined: att this time; therefore, after determination, we will  New Atlantic Contracting Inc  Page 1of3  Printed On: 11/3/2021 09:51AM    NewAtlantic CONTRACTING, INC.  PCO#012  This proposali is based ont the following qualifications:  We have proceeded with and/or completed this work as directed, and therefore, request your prompt acceptance oft this proposal. Itmay be necessaryt tor reviset this proposali ifiti is nota accepted within 50 days, ori ift thep progress of the work changes the conditions upony which this  proposali is based. Very trulys yours, New Atlantic Contraçting ATTACHMENTS:  Thank youf for your prompt consideration oft this proposal.  CACO#01.pdf, ,. Estimate_ 1032 from GB Masonry ofNC_Inc.pdf, addl cut grandmaster: and ggmk.pdf, : CACO09.pdf, Change Order# #1- Attachment for Extra Exterior Waterproofing Work- Macon Middle School dated 09-20-21.pdf, Macon County Middle School CO #1- Extra Work on Cold Fluid-Applied Waterproofing. dated 09-20-21 for New Atlantic.pdf, : Replaçe Door at $302C.pdf, 3 Macon Middle CE#009.docx, RE_Maçon Middle School RFW25.msg : FWM Macon Door $302C.msg Change Order Request No.1 06.30.21 LOMAXI TLE.pdf, : RFL06-6-7-21: Site visit  notes_ CC comments (2).pdf # 1 09-250.S Drywall 2 3 04-200.S MasontyCommitment 4 95-000.MM MSCELLANEOUSWaeTas 5 95-000.MM MSCELLANEOUSWaETas 6 95-000.MM MISCELLANEOUSMaenas 7 02-400.S Demolition. Commitment 8 09-250.S Drywall 9 26-001.S Electrical 10 09-900.S Painting 11 09-300.S Ceramic Tile 12 08-100.M Doors 13 14 04-010.S Masonry Cleaning. Commitment 15 95-000.MMN MISCELLANEOUS. Materials 16 17 08-100.M Doors  Budget Code  Description  Amount $2,037.00 $0.00 $2,770.00 $400.00 $150.00 $750.00 $0.00 $6,821.50 $1,250.00 $0.00 $2,006.00 $907.38 $0.00 $864.29 $(4,600.00) $0.00 $459.03 $(222.75) $0.00 $0.00 $1,283.64 $(528.41) $143.48 $144.91 $(0.07)  RFI#34 Repair Existing CMUin NE Wing CMU, Block Fill, Mortar, Sand, Paint RFI#6: Demo vs Renovation Conflicts RFI#6: Demo vs Renovation Conflicts RFI#6: Demo vs Renovation' Conflicts RFI#6: Demo vs Renovation Conflicts RFI#6: Demo vs Renovation Conflicts Replace Exterior Doors at Music Room- S302C Additional waterproofing and caulking outside Music Room Credit for leaving existing masonry and shoring Add (12). Great Grandmaster and (12) Master Keys  Shoring Dumpster  Subtotal: $13,815.20  Material (6.75%/ Applies to Materials.): Equipment (6.75% Applies to Equipment.): Labor (39.00% Applies tol Labor.):  OH&P Sub (7.50% Applies to Material Purchase Order and Commitment.): OH&P LME (15.00% Applies to Equipment, Materials, and Labor.): Equipment, Materials, Labor, Other, and Professional: Services.): Equipment, Materials, Labor, Other, and Professional Services.): Equipment, Materials, Labor, Other, and Professional Services.):  Insurance (1.00% Applies tol Temporary Labor, Material Purchase Order, Payroll Taxes & Insurance, Owner Cost, Commitment, P&P Bond (1.00% Applies to Temporary! Labor, Material Purchase Order, Payroll Taxes & Insurance, Owner Cost, Commitment, Rounding (-0.00% Applies to Temporary Labor, Material Purchase Order, Payroll Taxes & Insurance, Owner Cost, Commitment,  Grand Total: $14,636.00  New Atlantic Contracting! Inc  Page2of3  Printed On: 11/3/2021 09:51AM    NewAtlantic CONTRACTING,INC.  PCO# #012  Mark: Sealy (SGAI NarmourWright Design) 1815 S. Tryon Street, Suite A Charlotte, North Carolina 28226  Macon County 5West Main Street Franklin, North Carolina 28734  New Atlantic Contracting! Inc 2635 Reynolda Rd Winston Salem, North Carolina 27106  SIGNATURE New Atlantic Contracting Inc  DATE  SIGNATURE  DATE SIGNATURE  DATE.  Page 3of3  Printed On; 11/3/2021 09:51AM    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - NEW BUSINESS  MEETING DATE: October 12, 2021  11(A). Commissioner Shields will address the board regarding the proposed creation of a "Citizens Advisory Committee." Per Commissioner Shields, this group would assist the commissioners and the school board "in moving forward with the future of the Franklin High School building project." A 11(B). County Attorney Eric Ridenour has drafted a proposed resolution that would establish the salary of a non-incumbent or incoming sheriff or register of deeds following the outcome of the 2022 general election. A copy of the resolution is attached, and Mr. Ridenour can provide additional  copy ofhis email request will be included in the packet.  details at the meeting.  11(C).  County Manager Derek Roland will present a revised Capital  Improvement Project Approval document, also called a "3-1" form, regarding the new Fire Rescue Training Center planned for Southwestern Community College (SCC). This item is in regard to the planned live burn building to be located adjacent to the former National Guard Armory, which the county is leasing to SCC for a public safety training facility. A copy of the document is included the packet, and Mr. Roland can provide additional  details at the meeting.    Mike Decker From: Sent: To: Cc: Subject:  Gary Shields sneldsemaconncory: Monday, November 01, 2021 12:56P PM Re: deadline for agenda items  Mike Decker  Derek Roland; ronnie beale; chris.baldwin@macon.k12ncus; Jim Breedlove  lwould like to add to the Tuesday agenda at topic called Macon County "Citizens Advisory Committee". would assist the Macon County Board of Education and the Macon County Commissioners in moving forward This group  future oft the Franklin High School building project.  with the  Sent from my iPad  On Nov 1, 2021, at 8:24 AM, Mike Decker mdeckeremacomncorpe wrote:  Good morning...  Ifyou have items for the November 9, 2021 regular meeting of the Macon County Board of Commissioners, please send those to me along with any supporting documentation by 5 p.m. tomorrow (Tuesday, November 2).  Thank you!  Mike Decker - IPMA-SCP Macon County 5 West Main Street Franklin, NC 28734 Work (828)349-2020 Cell (828)342-1169 <image003.jpg>  HR and Safety Director/Deputy Clerk to the Board    STATE OF NORTH CAROLINA COUNTY OF MACON  RESOLUTION OF THE MACON COUNTY BOARD OF COMMISSIONERS GIVING NOTICE TO CANDIDATES FOR THE OFFICE OF SHERIFF AND REGISTER OF  DEEDS OF MACON COUNTY  WHEREAS, the County Board ofCommissioners is authorized pursuant tol North Carolina Statutes 153A-92 to set the starting salaries for a non-incumbent Sheriff and non- incumbent Register of Deeds, which affect the individuals elected to these offices when they take  office; and  WHEREAS, the Commissioners give Notice that the starting salary for the Sheriff position will be the minimum of Salary Grade 40 of the Macon County Pay Scale. The minimum  pay of Salary Grade 40 is $71,874.  WHEREAS, the Commissioners give Notice that the starting salary for the Register of Deeds position willl be the minimum of Salary Grade 32 ofthe Macon County Pay Scale. The  minimum of Salary Grade 32 is $48,647.  NOWTHEREFORE, BE IT RESOLVED, by the Macon County Board of 1. The starting salary foral non-incumbent Sheriff will be the minimum pay of Salary Grade 2. The starting salary for a non-incumbent Register of deeds will be the minimum pay of 3. This Resolution shall not affect the salary of an incumbent officer re-elected to the same 4. This Resolution will not be altered or amended until after the persons elected Sheriffand 5. The Macon County Board of Commissioners may adjust the starting salary ofthe candidate elected considering the years of service and performance in ai related position BE IT FURTHER RESOLVED, that a certified copy ofthis Resolution shall be delivered by Clerk to the Board of Commissioners to the Director oft the Macon County Board of  Commissioners that:  40, which is $71,874.  Salary Grade 32, which is $48,647.  position.  Register of Deeds ini the 2022 elections take office.  oft the person elected.  Elections.    ADOPTED, at the November 9, 2021, Regular Meeting oft the Macon County Board of  Commissioners.  James Tate, Chairman, Macon County Board of  County Commissioners  ATTEST:  Derek Roland, Macon County Manager and Clerk to the Board (Official Seal    NORTH CAROLINA COMMUNITY COLLEGE SYSTEM CAPTALIMPROVEMENT PROJECT APPROVAL  NEW/PROJECT  College Campus  Southwestern Community College  Project Name Fire Rescue Training Center  NCCCSF Project No. County  2402  2032 Southwestern CC- Macon Cty. Campus  Macon  I.TYPE OF PROJECT: New Facility  I. DESCRIPTION OF PROJECT:  *For description ofar new facility project, pleasei includes scope ofv work, property description (facility location, lease, purchase), description ofr new structure (location, size (SF) and floors, materials, use ofi interior spaces), brief description offacility'ss systems (mechanical, electrical, plumbing, generators), overview oft the facilities instructional programming, anda any special construction requirements (permitting, abatement, demolition, Thes scope oft thep projecti is defineda as ana approximately: 2,240s sfISOs shipping container live burn building to bel locateda att ther rear oft the existing National Guard/ Armory which! has! been recently acquired by! Macon County. Thep propertyi is located onp property leased by Southwestern  Insert projecta anda amendment description here.  Community College ina accordance tor NC Community College General Statues section 115D.  Project tol be constructed/renovated on college owned property D Project to be constructed/renovated on leased property Providet the System Office a copy of lease thati meetso criteria as addressed inc Capital  Improvement Manual. WilliamE Brgthers 828.339.4366 9/30/2021  This form was prepared by: Name: Signature: Contact Number: Date:  BH  CPCSignature: dhBE    Southwestern Community College  I. ESTMATED COST OF PROJECT:  2402  A. PRE-CONSTRUCTION COSTS 2. Demolition (noti in IIIB). Subtotal' "A" B.CONSTRUCTION 1.0 Design Fee. 2. Construction. 3. Construction Contingency 4. Other Contracts 5. Other Fees. Subtotal "B" C.Other Costs 1.1 Initial Equipment.. 2.V Work Performed by Owner. Subtotal' "C"  1. Site Grading and Improvements (noti inl HIB). :  0.00  145,748.00 1,750,000.00 184,252.00 20,000.00  2,100,000.00  0.00 $2,100,000.00  TOTALESTIMATED: COST OF PROJECT (SumoflIA,B,C  IV. SOURCES OF FUNDS IDENTIFIED FOR THIS PROJECT:  A. NON-STATE FUNDS 1. County Appropriated 2. County Bonds 3. 4. 5. Subtotal "A" 1. 2. 3. Subtotal "B" 2, Budget Code 3. Budget Code 4. Budget Code Subtotal "C" D. UNIDENTIFIED FUNDS Subtotal "D"  700,000.00  700,000.00  B.STATE. FUNDS (Handled locally by college not reimbursed through System Office)  0.00  C. STATE FUNDS (Reimbursed by the System Office) 1.E Budget Code 46620 NEW Connect NCE Bond V  1,400,000.00  1,400,000.00 2,100,000.00  Total Sources of Funds Available (VA,B,C)  1. Unidentified Funds (Dor notir include ont theN NCCCS2-16)  0.00 $2,100,000.00  Total Sources of Funds Including Unidentified    Southwestern Community College  2402  V. CERTIFICATION BY THE COLLEGE BOARD OF TRUSTEES  Toi the State Board of Community Colleges:  We, the Board of7 Trustees of Southwestern Community College  do hereby certify:  1. That thei information contained int this application is true and correct tot thel best of our knowledge and belief, and do hereby request approvali from the Statel Board of Community reflected on Page 3, which are appropriated andl have been allocatedi for the use of our college. These funds, along with the non-state funds shown, willl be used exclusively for facilities, equipment for those facilities, land, or other permanent improvements describedh herein andi ina accordance with E As part oft this certification, the Board of Trustees certify that any equipment purchased witht the Connect NC Bond Funds must! have a useful life of 10+ years. As part of this certification, the Board of Trustees acknowledge that furniture is not an allowable expense as part ofa capital project funded by Connect NC Bond Funds, 2. That the described permanenti improvements are necessary for meeting the educational needs oft the area: served and that this proposed projecti is in accordance with ther rules and 3. Thata af fees simple title held by the Board of Trustees to the property upon which thes said facilities ori improvements aret tol be made, or that al long-term lease, as describedi int thel North Carolina Community College System Capital Improvement Guide, is held by the Board of 4. Thati int formal sessions witha ac quorum present, the Board of Trustees authorized this application andf further authorized the Chairman and the Chief Administrative Officer of this Board to execute all papers required byt ther rules andi regulations of the State Board of Community  Colleges for this application andi fort the utilization of  $1,400,000.00  State funds  the minutes and resolution of the Board of Trustees dated  therefor will not be reimbursed.  regulations adopted byt the State Board of Community Colleges.  Trustees.  Colleges.  Chairman Board of Trustees  Chief Administrative Officer/President    Southwestern Community College  2402  VI. CERTIFICATION. ASTO AVAILABILITY OF LOCAL SUPPORT. AND FUNDS  Certification1. amountof  Icertify that Thavee examined this application for the project no:  2402  from Southwestern Community College  andi ifs shown, countyf fundsi int the  $700,000.00 are available for the planninga and construction oft thisp project.  County Manager/Finance Officer Signature  Print Name Date  (Thet following certification must be completed for New Facility Projects Only) Based on ana analysis of thec colleges annual operatinga and utility costs, (as pert the NCCCS3-1 per yeari in support oft this new construction. Icertify that this document hast beenr reviewed, andt that thei information: stated! herein willi be: shared with the proper county officials tos seek an appropriate  Certification2.  SectionV VINI) iti is estimated thati thec college will expend ana additional adjustment tot the college's budget ast ther new facility ist brought online.  $69,991.43  County! Manager/Finance Officer Signature  Print Name Date  VII. CERTIFICATION OF ATTORNEY. AS TO FEE SIMPLE TITLE TO1 THE PROPERTY  (Note: Required only for construction ona a new site or when federal funds arei involved. Not  required forl longt term lease.)  duly! licensed attorney oft the State of North  Carolina, do hereby certify thatl have examined the publicr records of  County, North Carolina, from. January 1,1 1925, to this date concerning titlet tot the propertyupony which thei improvements set outi int the foregoing application are proposedt tol be made, andl find from said examination that at fees simple titlef free from all claims ore encumbrances, is vestedi in  by deedr recordedi in( (specify book & page)  int the Office oft the Register of Deeds except as noted! below: (Attach  acopy of deed)  This, the.  dayof Signature  20    Southwestern Community College  2402  VII. CERTIFICATION OF LOCAL BUDGET SUPPORT ESTIMATED OPERATING/UTILITY ANNUAL COST FOR CAPITAL IMPROVEMENT PROJECTS  Date:  9/12/2020  Project Name: Fire Rescue Training Center Project Completion Date:  College: Southwestern Community College  Average Cost  Additional Cost Identification Staffing Housekeeping & Facility Operator) additional annual cost Plant Maintenance additional annual cost - $32,000 Other Operating Cost additional annual cost Electric Fuel (Gas, Oil) Water Telecommunications  1stYear of 2nd.) Yearof 3rd Yearof AthYearof, 5th) Yearof Additional Annual  Operation Operation Operation  Operation Operation  FY  FY    EYA  FYN  $36,000  $36,720 $16,000 $2,448 $2:550 $7,956 $102  $37,454  $38,203 $38,968  $37,469 $19,200 $2,498 $2,602 $8,118 $104 $69,991  $16,000  $16,000 $16,000  $2,400 $2,500 $7,800 $100  $2,497 $2,601 $8,115 $104  $2,547 $2,653 $8:277 $8443 $106  $2,598 $24706 $108  Total Average Annual Cost (will populate into Section VI oft the 3-1)!  Icertify that the county has reviewed this information. as ay part of the approval process.  County ManagerlFinance Officer  3-1 Attachment Local Certification of Support    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: November 9, 2021  Item 12A. Draft minutes from the October 12, 2021 regular meeting will be forwarded in a separate email. (Mike Decker/Tammy Keezer) Item 12B. Budget Amendments #92-93 are attached for your review and Item 12C. Approval of tax: releases for the month of October 2021. (Delena Raby) This list will be forwarded in a separate email once it is available. Item 12D. A copy oft the ad valorem tax collection report will be forwarded in a separate email once it is available. No action is necessary. (Delena  approval. (Lori Carpenter)  Raby)    MACON COUNIYP/PCETAMEOMENT AMENDMENTA_92 FROM: Warren Cabe DEPARTMENT: EMS ACCOUNT 113850 - 445807 114370- - 550001 114370-5 550004 114370-5 550201 114370 -550207 114370 - 550701 114370-555106  EXPLANATION: Vaya Health - Community Care Paramedic Grant AdditionalFunding  DESCRIPTION Donations- -E EMS Salary Overtime Medicare/FICA Retirement- - General County 401K Contracted: Services  INCREASE $1,299.00 $716.00 $877.00 $121.00 $182,00 $32.00  DECREASE  $629.00  ALSTODEATMAETHAO RECOMMENDEDBYENANCEOFFICER APPROVED BY COUNTYMANAGER ACAoAROrONSNENs MGCAINNCSNNN  ILL Bamles  1/9/2021  CLERK    MACON COUNTYBUDGET. AMENDMENT AMENDMENT# 93 FROM: Lindsay Leopard DEPARTMENT: Sheriff's Office  EXPLANATION: Donations and Calendar Salesappropriation for Shop witha Cop and Sheriff's  Office Christmas Dinner. DESCRIPTION Fund Balance Appropriated Special Fund Expenses Calendar Sales Special Fund Expenses  ACCOUNT 113840-417900 114310-556024 113344-435015 114310-556024  INCREASE $25,000.00 $25,000.00 $7,000.00 $7,000.00  DECREASE  BEQUESTED! BYD:PARIMENIHEAD, RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNIYMANAGER  Beslapt  ACTION BYBOARD OF COMMISSIONERS 1//20a1 APPROVEDANDENIEREDOKMINUTESDAIED  CLERK    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - APPOINTMENTS  MEETING DATE: November 9, 2021 provided prior to or at the meeting.  13A. Recreation Commission: Further information on this matter will be 13B. Vaya Health Regional Advisory Board: Action on this item will stem from the discussion held during Item 9A from earlier in the meeting.