Wacon County  CON COUI  m ay  MACON COUNTY BOARD OF COMMISSIONERS  OCTOBER 12, 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 Subdivision Ordinance (1) Presentation by Aaron Garrett, Macon County Planning Board Chairman, regarding subdivision ordinance revisions (B)Amended and Restated Macon County Sign Control Ordinance (C)Amended and Restated Macon County Sexually Oriented NOTE: Following the close of the public hearing(s), the board may choose to take action on any or all of the amended and restated  Businesses Ordinance  ordinances.  6. Public Comment Period 7. Additions to agenda  8. Adjustments to and approval of the agenda  9. eport/Presentatons  (A) Macon County Airport Authority - Vice-Chair Jack Horton (2) Request for matching funds for grant for fuel farm  (1) Presentation of annual report  construction 10.Old Business  (A) Consideration of revised county pay scale - County Manager  Derek Roland  MACON COUNTY COURTHOUSE ANNEX PHONE 828-349-2000  5WESTI MAIN: STREET  FRANKLIN,  NORTH FAX: CAROLI 828-349-2400 INA2 28734    (B)Use of American Rescue Plan Act Coronavirus Local Fiscal  Recovery Funds (ARP/CLFRF) - Mr. Roland  11.New Business  (A) Continuation of Work First (TANF) Program "Electing County" status - Patrick Betancourt, Director, Department of Social (B) Macon County Transit plans and policies, Darlene Asher,  Services Assistant Director (1)System Safety Plan (3)Title VI Policy  (2) Zero Tolerance Policy (Drug & Alcohol)  (C)Change order #010 on Macon Middle School (MMS) project = Jack Morgan, Director, Planning, Permitting and Development (D)Rejection of bids on the locker room project at MMS - Schools (E) Discusson/consideraton of architect for Franklin High School (F) Scheduling of public hearings for the November 9, 2021 (1)Amendments to the Soil Erosion and Sedimentation Control 2)Amendments to the Voluntary Farmland Preservation (3). Amendments to the Watershed Protection Ordinance  Liaison Committee members  project - Schools Liaison Committee members regular meeting for the following:  Ordinance Ordinance  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 (A) Minutes of the September 14, 2021 regular meeting (D)Updates to Macon County Public Health fee plan  Commissioners.  (B) Budget Amendments #67-77 (C)Tax releases for September 2021 (E): 2022 County Holiday Schedule  (F) Monthly ad valorem tax collection report - no action necessary  13.Appointments  14.Closed session as allowed under NCGS, if necessary  15.Adjourn/Recess    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - PUBLIC HEARINGS  MEETING DATE: October 12, 2021 amendments to existing ordinances.  We have a trio of public hearings on the agenda, and all three involve County Attorney Eric Ridenour has been working to revise the county's ordinances regarding subdivisions, sign control and sexually oriented businesses in order to bring them into compliance with North Carolina Ad copy ofeach notice of public hearing is included in the agenda packet, and the notices appeared in the September 29, 2021 and October 5, 2021 editions Also included in the packet are "red-line" copies of each amended and Aaron Garrett, the chair oft the Macon County Planning Board, has requested time to present information on the planning board's proposed changes to the subdivision ordinance, and that presentation would ideally be incorporated 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 ofwhich Mr. Ridenour has also provided "final" copies of each ordinance for recording in the Register ofDeeds office - pending any changes made by the board of commissioners - and each will be accompanied by the appropriate  General Statute 160D.  of The Franklin Press as required.  restated ordinance.  into the public hearing on that ordinance revision.  are also included in the packet.  signed resolution.    Once approved, the updated ordinances will be made available on the The board will essentially repeat this process next month with three different ordinances that need to be brought into compliance with the Chapter 160D  county's website.  requirements, and those are addressed later in the agenda.    NOTICE OF PUBLIC HEARING  Please take notice that the Macon County Board of Commissioners will conduct a public hearing on' Tuesday, October 12, 202I at 6:00 p.m. ini the Commission Boardroom located on the third floor of the Macon County Courthouse at 5 West Main Street, Franklin, NC 28734, concerning the proposed "Amended and Restated Macon County Subdivision Ordinance," which amends and restates the presently existing Macon County Subdivision Ordinance. Public comment upon the same shall be received at this public hearing. The public is invited to attend this public The proposed amendments are for the purpose of bringing the Subdivision Ordinancei into compliance with Chapter 160D oft the North Carolina General Statutes and to make revisions recommended by the Macon County Planning Board. The proposed amendments can be viewed on the Macon County website, www.maconnc.org, under "Public Announcements," and al hard copy may be obtained in the lobby of the Courthouse Annex Building, 5 West Main Street, Franklin, North Carolina. The proposed revisions to comply with Chapter 160D are noted in red text and the proposed revisions by the Macon County Planning Board are noted in blue text.  hearing.  This the 24th day of September, 2021. Derek Roland, Ex Officio Clerk to the Macon County Board of Commissioners    NOTICE OF PUBLIC HEARING  Please take notice that the Macon County Board of Commissioners will conduct aj public hearing on Tuesday, October 12, 2021 at 6:00 p.m. in the Commission Boardroom located on the third floor ofthe Macon County Courthouse at 5 West Main Street, Franklin, NC: 28734, concerning the proposed "Amended and Restated Sign Control Ordinance ofthe County of Macon, North Carolina," which amends and restates the presently existing Sign Control Ordinance oft the County of Macon, North Carolina. 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 Sign Ordinance into compliance with Chapter 160D of the North Carolina General Statutes. The proposed amendments can be viewed on the county website at www.maconnc.org, under "Public Announcements, and a hard copy may be obtained in the lobby at the Courthouse  Annex Building, 5 West Main Street, Franklin, North Carolina.  This the 24th day of September, 2021. Derek Roland, Ex Officio Clerk to the Macon County Board of Commissioners    NOTICE OF PUBLIC HEARING  Please take notice that the Macon County Board of Commissioners will conduct aj public hearing on Tuesday, October 12th, 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 Sexually Oriented Businesses Ordinance" which amends and restates the presently existing Sexually Oriented Businesses 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 oft bringing the Macon County Sexually Oriented Businesses Ordinance into compliance with Chapter 160D ofthe North Carolina General Statutes. Thej proposed amendments can be viewed on the county website at www.maconnc.org under "Public Announcements, and a hard copy may be obtained ini the lobby at the Courthouse Annex Building at 5 West Main Street, Franklin, North Carolina.  This the 24th day of September, 2021. Derek Roland, Ex Officio Clerk to the Macon County Board of Commissioners    Note: Revisions in Blue are recommended changes  from Planning Board  MACON COUNTY SUBDIVISION ORDINANCE  Originally Adopted: June 2, 2008 effective September 1, 2008  Amended: September 8, 2008 Amended: September 14, 2009 Amended: January 25, 2010 Amended: July9,2013 Amended:  2021  1    TABLE OF CONTENTS  General Provisions 159.01 Title 159.02 Purpose 159.03 Authority 159.04 Jurisdiction 159.05 Compliance with Ordinance Required 159.06 Plats to be. Approved 159.07 "Subdivision" Defined 159.08 Family Subdivision 159.09 Reserved 159.10 Other Definitions 159.11 Word Interpretation 159.12 Reserved 159.13 Reserved 159.14 Reserved 159.15 Reserved 159.16 Reserved 159.17 Reserved 159.18 Reserved 159.19 Reserved  Approval of Subdivision Plats  159.20 Plat Shall be Required on Any Subdivision ofLand 159.21 Approval Prerequisite to Plat Recordation 159.23 Performance Guarantees Reserved  159.22 Appeals 159.24 Reserved 159.25 Reserved 159.26 Reserved 159.27 Reserved 159.28 Reserved 159.29 Reserved Conservation Communities 159.30 Purpose and Intent  2    159.31 Primary Conservation Areas 159.33. Applicability 159.34 Required Open Space 159.35 Conservation Easement Required 159.36 Guidelines for Drafting Conservation Easement 159.37 Homeowners Association 159.38 Application 159.39 Consideration 159.40 Incentives  159.32 Compliance with Subdivision Ordinance Required  Procedure for Review ofMinor Subdivisions 159.41 Sketch Plan for Minor Subdivisions 159.42 Final Plat for Minor Subdivisions 159.43 Approval of Final Plat and Recording  159.44 Reserved 159.45 Reserved 159.46 Reserved 159.47 Reserved 159.48 Reserved 159.49 Reserved  Procedurej for Review of Major Subdivisions 159.50 Sketch Plan for Major Subdivisions  159.51 Submission and Review Procedures for Sketch Plans for Major Subdivisions 159.52 Preliminary Major Subdivision Plat Submission and Review 159.53 Final Subdivision Plat Submission and Review  159.54 As-Built Plats 159.55 Phased Developments 159.57 Recombination ofl Land 159.58 Re-Subdivision Procedures 159.59 Reserved  159.56 Information to be Contained in or Depicted on Preliminary and As-Built Plats  Required. Improvements, Dedication and. Minimum Design Standards  159.60General  159.61 Homeowners Association Shall be Established 159.62 Name and Road Duplication 159.63 Subdivision Design 159.64 Road Standards  3    159.65 Other Requirements 159.66 Reserved 159.67 Reserved 159.68 Reserved 159.69] Reserved Legal Provisions  159.70 General Procedure for Plat Approval 159.71 Issuance of Building Permits on Subdivision Lots 159.72 Enforcement and Penalties for Violation  159.73 Severability 159.74 Reserved 159.75 Amendments and Review 159.76 Abrogation 159.77 Effective Date 159.78. Adoption  4    GENERAL PROVISIONS  $159.01  Title  This Ordinance shall be known and may: be cited as the Subdivision Ordinance oft the County of  Macon, North Carolina, and may be referred to as the Subdivision Regulations.  $159.02  Purpose  The purpose of this Ordinance is to establish procedures and standards for the development and subdivision ofland within Macon County. Iti is further designed to promote the orderly growth and development of the county; for the coordination of roads and highways within proposed subdivisions with existing or planned roads and highways with other public facilities. It is also designed to provide the County Commissioners, Planning Board, Planning Department, Tax Assessor, Land Records Office, Code Enforcement and other local government agencies and officials with information regarding land development taking place in Macon County. This information will assist county officials in projecting the need for various public programs and facilities, in estimating population and growth, and in projecting revenue and expenditures.  $159.03  Authority  This Ordinance is hereby adopted under the authority and provisions of the General Statutes of North Carolina, Chapter 160D, Article 845AyArieleisP4t,emeNCSesien:law.2909-39. The regulations contained herein, as provided by G.S.160D153A, Article 818 shall govern each and every subdivision within Macon County outside of the jurisdiction of any incorporated  $159.04 municipality, $159.05  Jurisdiction  Compliance with Ordinance Required  All plats for the subdivision ofland shall conform to the requirements ofthis Ordinance, and shall be submitted in accordance with the procedures and specifications established herein with the final plat being prepared, approved and recorded pursuant to the provisions of this ordinance whenever  any subdivision of land takes place.  $159.06  Plats to Be Approved  After the effective date of this Ordinance no subdivision plat of land within the County's Subdivision Ordinance jurisdiction shall be filed or recorded until iti is submitted to and approved by the Subdivision Administrator of Macon County as provided. hereinafter in this Ordinance, and no land shall be sold or transferred by reference to a plat that has not been approved and recorded  in accordance with the provisions oft this Ordinance.  $159.07  "Subdivision" Defined  5    For the purposes of this Ordinance and as defined by G.S. 160D-802(a), "subdivision" means all divisions ofa tract or parcel ofland into two or more lots, building sites, or other divisions when any one or more of those divisions is created for the purpose of sale or building development, whether immediate or future, and shall include all divisions ofl land involving the dedication ofa A. Exclusions: Tbut-the following shall not be included within its definition nor be subject to  new road or a change in existing roads.;  any regulations enacted pursuant to this ordinance:  (1) The combination or recombination of! portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of Macon County as shown in this Ordinance. (2) The division of land into parcels greater than ten (10) acres where no road right-of- (3). The public acquisition by purchase of strips of land for the widening or opening of (4) The division ofa tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no road right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of Macon County as (5) The division of land pursuant to an Order of any state or federal Court with (6) The division of at tract into parcels in accordance with the terms ofaj probated will or ina accordance with intestate succession under Chapter 29 of the General Statutes and land for the purpose ofconveying a single lot to each tenant in common, all ofwhom  way dedication is involved.  roads or for public transportation system corridors.  shown in this Ordinance. jurisdiction.  jointly inherited the land by ancestry or by will. (7) The division of land for cemetery lots or burial plots. (8) A Family Subdivision, as defined in $159.08 ofthis Ordinance.  (9) Lots shown on Development Plans or Survey Plats created,signed and sealed by al NC Registered Design Professional-prior to the original effective date of this ordinance,  September 1.2008. See G.S. 160D-802a)(D-5). Family Subdivision  $159.08  The division of land into two or more parcels or lots for the purpose of conveying the resulting parcels or lots to a grantee or grantees who are in any degree of] lineal kinship to the grantor, or to agrantee or grantees who are within four degreesofcollateral kinshiptothe grantor The exemption provided by the ordinance shall only apply if the deed of conveyance notes that it is a family subdivision as defined by this section. Degrees of kinship shall be calculated in accordance with  G.S. $104A-1. $159.09  Reserved  6    $159.10  Definitions  Forthe purpose ofthis Ordinance, certain words or terms used herein shall be defined as follows: Access Road- A road providing motor vehicle access to lots or other areas used in common Administrator, Subdivision- The staff member of the Planning Department to whom the Local Governing Board has delegated authority to review, seek technical guidance and approve. all subdivision plats submitted under the regulations in effect under this Ordinance. Conservation Easement- A legally enforceable agreement between a property owner and the holder of the easement, meeting requirements of North Carolina law and in a form acceptable to the County. A conservation easement restricts the existing and future use of the defined tract or lot to conservation use, agriculture, passive recreation, or other use approved. by the County and prohibits further subdivision or development. Such agreement also provides for the maintenance ofc open spaces and any improvements on the tract or lot. Such agreement cannot be altered except with the express written permission of the easement holder, any other co-signers and the Subdivision Administrator. A conservations. easement may also establish other provisions and contain standards that safeguard the tract or lot's special resources from negative changes. Conservation Community- A subdivision, as defined by this Article, where open space is the central organizing element of the subdivision design and that identifies and permanently protects  contained within a subdivision.  all primary conservation areas within the boundaries oft the: subdivision.  County - Macon County, North Carolina  NC Design Professional - A current NC registered Civil Engineer, Geotechnical Engineer, Land Homeowners Association - Two or more. homeowners that belong to a mandatory membership organization for the maintenance of commonly owned real estate and improvements and Impervious Surfaces - Artificial structures, such as pavements and building roofs, which replace Lot-A parcel of] land or a contiguous combination of several parcels ofland in single ownership. Incidental Subdivision - The division of land from a. parent lot into two lots not involving the dedication ofaj public road shall not be subject to these regulations except as provided below:  Surveyor, Architect, Landscape Architect,erProlessional-Geologis.  regulations of privately owned property in a given area.  naturally pervious soil with impervious construction materials.  7    (a) Final plats of divisions intended for recordation in the Register of Deeds Office shall be titled "Incidental Subdivision", and shall be certified as such under these regulations by the (b). All lots in an Incidental Subdivision shall not bere-subdivided as an Incidental Subdivision for aj period ofone (1)year after the original date oft the recorded Incidental Subdivision. Open Space - Any combination of primary conservation areas as defined in this Article, that together form aj permanent, undivided or relatively undivided, undeveloped area. Phased Development - A phased development is defined as a major subdivision that will be Private Road - A road within a subdivision providing means of ingress and egress to lots or common areas within the subdivision that is not open or açcessible to the general public. Public Road - A road. maintained at the public expense and under public control. Recreation, Active - Leisure activities that are facility oriented, such as swimming pools, tennis Residential Lot - A parcel of land on which is or will be constructed as a one or two family Right of Way - A: strip ofl land designated by the owneroracquired by another authority by which  Subdivision Administrator prior to recordation.  constructed in phases..  courts, and ball fields.  dwelling.  persons may légally pass, on which may construct ai road or install utilities. Riparian Zone - The area located on the bank of a natural watercourse. the requirements of Section 503 ofthel North Carolina Fire Code. any land deemed tol be subdivision under the terms of this Ordinance.  Spur Road - A spur roadi lisaroadway serving no more than two (2)residential lots ands shall meet Subdivider or Developer - The owner, or any agent of the owner who subdivides or develops Subdivision, Minor - A minor subdivision is defined as a subdivision containing no more than 8 lots, which have not been subdivided within the previous one (1)year and does not require a new Subdivision, Major - A major subdivision is defined as a: subdivision not meeting the definition Technical Review Committee - A committee established by this ordinance and appointed by the Local Governing Board to review all major subdivision preliminary plats and to approye, approve with conditions, or disapprove such plats. The Committee shall consist of fiver members as follows:  road exceeding 1320 linear feet. ofal Minor Subdivision.  8    The Subdivision Administrator 1. Fire Marshal's Office  One member oft the Macon County Planning Board 2. Environmental Health Department, and 3. Planning, Permitting, and Development Department  One Representative from the following Macon County offices or agencies:  Analternate member from each ofthe above agencies, boards, and departments shall be appointed by the Local Governing Board. An alternate member may participate in Technical Review Committee decisions in place of a primary member of the Technical Review Committee if, and onlyif,ap primary member oft the Technical Review Committee ist unable to participate in the same. Thealternate: from the agency, board, or department ofv which the primary member ofthe Technical Review Committee who is unable to participate is associated shall be the alternate in place ofs such  ap primary member who is unable to participate.  $159.11  Word Interpretation  For the purpose ofthis Ordinance, certain words shall be interpreted as follows: the singular, unless the natural construction of the word indicates otherwise. individual. The word "used for" shall include the meaning "designed for". The word "structure" shall include the word "building". The word "lot" shall include the words "plot", "parce!" or "tract". The word "shall"i is always mandatory and not merely directory. Ordinance shall be assigned their customary definitions.  Words used in the present tense include the future tense.  Words used ini the singular numberinclude the plural and words used in the plural numberinclude The word "person" includes a firm, association, corporation, trust, and company as well as an  The word "may" is directory and not mandatory. All words not specifically defined in this  $159.12 $159.13 $159.14 $159.15 $159.16 $159.17 $1593.18 $159.19  Reserved Reserved Reserved Reserved Reserved Reserved Reserved Reserved  9    APPROVAL OF SUBDIVISION PLATS  $159.20  Plat Shall Be Required on Any Subdivision ofLand  Pursuant to G.S. 160D-801153-339, a final plat shall be prepared, approved and recorded pursuant to the provisions of this Ordinance whenever any subdivision ofland takes place.  $159.21  Approval Prerequisite to Plat Recordation  Pursuant to G.S. 160D-8040.53A-33. no final plat of a subdivision within the. jurisdiction of the County of Macon as established in this Ordinance shall be recorded by the Register of Deeds until it has been approved by the Subdivision Administrator, as provided herein. Pursuant to G.S. 160D-806, the approval ofar plat shall not be deemed to constitute the acceptance by the County of the dedication of any street or other ground, public utility line, or other public facility shown on the plat. However, the Board of Commissioners may by resolution accept any dedication made to the public of lands or facilities for streets, parks, public utility lines, or other public purposes, when the lands or facilities are located within its planning and development  regulation jurisdiction. $159.22  PlatApproval Prerequisites  Notwithstanding anything to the contrary contained herein, no plat shall be approved or registered: (1) Until the district highway engineer is given an opportunity to make recommendations concerning an individual subdivision plat as toj proposed State streets, State highways, and (2) Until the County Health Director or local public utility, as appropriate, is given an opportunity to make recommendations concerning an individual subdivision plat as to  related drainage systems; and proposed water or sewer systems.  $159.23  Appeals  All appeals from preliminary and final plat approvals or denials shall be to Superior Court in accordance with G.S. 160D-1403(b)., Any-persen-aggrievedyae-dmsonon-aF-lhe-Subdivision AdminisimermaysekrelieisResCypeensggievalbya asisioneflhe-eahmalke"RMiCasykmifhleaamingwna-Aypenen ggHeyedbya-deeiseBeROFePamingoarmwyserelefnSup-tiorCourtasprevided-by  law $159.24  eromancemprovement Guarantees:  (A)Agreement and Security Required  In lieu ofrequiring the completion, installation and dedication of all improvements prior 0ehmapt-pPova-or any subdivision or phase ofaphased development, the County of Macon shall accept a financial performance guarantee whereby the Subdivider shall agree to complete all required improvements, pursuant to G.S. 160D-804.1. Onee-said  10    greementissigned,teeseeunty-reg.ireherenisprovided,andifalether guememisefsOnineaemet-nylypaovellylhe-Swhwlivision Administrater: Pursuant to G.S. 160D-804.103)a). the financial performance guarantee Pursuant to G.S. 160D-804.1(1). the type of the performance guarantee shall be at the election of the developer. The term performance guarantee means any of the following 1) Surety bond issued by any company authorized to do business ini this State. 2) Letter of credit issued by any financial institution licensed to do business in this 3) Other form of guarantee that provides equivalent security to a surety bond or letter Thej performance guarantee shall only be used for completionoftherepuired improvements and not for repairs or maintenance after completion, pursuant to G.S. 160D-804.1(4). Pursuant to 160D-0410.Peswe-hisagrememe.lie Subdivider shall provide to the county a surety performance bond equal to 125% of the entire cost of all required improvements as estimated by contractors under contract, by bids from licensed contractors, or by the Subdivider's design professional. The reasonably estimated cost of completion shall include one hundred percent (100%) oft the costs for labor and materials necessary for completion of the required improvements. Where applicable, the costs shall be based on unit pricing. The additional twenty-five percent (25%) allowed under this subdivision includes inflation and all costs of administration regardless of how such fees  shall be posted at the time the plat is recorded.  forms of guarantees:  State. ofcredit.  (B) Amount  or charges are denominated.  (C)Duration  Pursuant to G.S. 160D-804.1(la), the duration of the performance guarantee shall initially be one year, unless the developer determines that the scope oft the work for the required improvements necessitates a longer duration. In the case of a bonded obligation, the completion date shall be set one year from the date the bond issued, unless the developer determines that the scope of the work for the required improvements necessitates a longer  duration.  (B)(D) Extensionseeurity-Guarantee  Pursuant to G.S. 160D-(Ib).ad developer shall demonstrate reasonable. good-faith progress toward completion of the required improvements that are secured by the performance guarantee or any extension. Ifthei improvements are not completed to the specifications of the County, and the current performance guarantee is likely to expire prior to completion of the required improvements. the performance guarantee shall be extended, or anew performance guarantee issued, for an additional period. An extension under this subdivision shall only be for a duration necessary to complete the required improvements.  11    Ifar new performance guarantee is issued, the amount shall be determined by the procedure provided in subdivision (B)ofthis section and shall include the total cost ofalli incomplete fheappleuntahaldepasiayesuhidhaeahanepwkamancehemde/fiom surey-bomdimg.sompeshvimeede-huinsinNani.cina-Phe-seuiy waane-shalhepeyaheirCamyafhawan-liamomkeguhe 2oflhemtirecsolaliagalinpinimpwme-eadamiomeflhebende) al-be-umi-seh-time-s-eimpoeneywhe-Bounk-ofCoumy  improvements.  Commissieners: (E)(E) Default  Upon default, meaning failure on the part of the Subdivider to complete the required improvements in at timely manner as spelled out int the guarantee agreement, then the surety or the money deposited shall, if requested by the County, pay all or any portion of the amount needed to complete the improvements based ona an engineering estimate. The Board ofCounty Commissioners may expend such portions ofs said funds as it deems necessary to complete all or any portion oft the required improvements. The County shall return to the applicant or bonding firm any funds not spent in completing the improvements. Default on a project does not release the applicant from liability or responsibility, financial or  otherwise, for the completion oft the improvements. (D)(F) Inspection of Required Improvements  Before the release of improvement guarantees, the Subdivider shall obtain a written certificate from a design professional that the improvements have, in fact, been installed in accordance with the requirements of this Ordinance. The Subdivider shall provide the certificate to the Subdivision Administrator before the release of the improvements  guarantee.  (E)(G) Release of Guarantee Security  Pursuant to G.S. 160D-804.1(2), tThe Board of County Commissioners may release a portion or all ofany security posted as the improvements are completed and recommended for approval by the Subdivision Administrator, after he/she has received the required statement from a design professional. The County shall return letters of credit or escrowed funds upon acceptance of the required improvements. When required improvements that are secured by a bond are accepted by the County, upon request by the developer, the County shall timely provide written acknowledgement that the required improvements (H)Legal Responsibilities. Pursuant to G.S. 160D-804.1(5). no person shall have or may claim any rights under or to any performance guarantee provided pursuant to this subsection ori ini the proceeds of any such performance guarantee other than the following:  have been completed.  (1) The County.  12    (2)The developer at whose request or for whose benefit the performance guarantee is (1(3) The person or entity issuing or providing the performance guarantee at the  given.  request of or for the benefit oft the developer.  (I)N Multiple Guarantees.  Pursuant to G.S. 160D-804.1(6). the developer shall have the option to post one type ofa performance guarantee as provided forins suhdivision(A)ofthis: section, in lieuofmultiple bonds, letters of credit, or other equivalent security, for all development matters related to  the same project requiring performance guarantees.  (J)J Exclusion.  Pursuant to G.S. 160D-804.1(7). performance guarantees associated with erosion control and stormwater control measures are not subject to the provisions oft this section.  $159.25 $159.26 $159.27 $159.28 $159.29  Reserved Reserved Reserved Reserved Reserved  CONSERVATION COMMUNITIES  $159.30  Purpose and Intent  The primary purpose for the Conservation Community development provisions are the following: (a) Toallow for greater flexibility and creativity in the design ofd developments; (b) To encourage the permanent preservation of open space and agricultural lands, woodlands and wildlife habitat, natural resources including watersheds, water bodies and wetlands, and historical, cultural, and archeological resources, to promote, where feasible, (d) To minimize the amount of stormwater runoff that flows into surface water and the floodplain as a result of development in the upper reaches of the watershed by providing incentives for limiting impervious cover, keeping land in its natural state, and other measures that mitigate flooding by limiting the distuptionofnatural drainage patterns that (e) To encourage a more efficient form of development that consumes less open land and conforms to existing topography and natural features better than a conventional (f) To facilitate the construction and maintenance of housing, streets, utilities and public  interconnected green space and corridors throughout the community;  (c) Toj protect community water supplies;  result from the development;  subdivision;  service in a more economical and efficient manner;  13    (g) To facilitate the provision of community services in a more economical and efficient (h) To encourage economic development that is desirable for the effected area; () Toi foster stewardship or caring fort thel land and wildlife and fort theneighborhoodsi iny which  manner; we. live;  G) Toj preserve the rural and natural character of Macon County.  $159.31  Primary Conservation Areas  AConservation Community shall incorporate any or all primary conservation areasi into undivided or relatively undivided, permanent open space. Primary conseryation areas, are defined by this (a) The 100-year floodplain as depicted on the most recently adopted FEMA Flood Insurance  Article, include the following:  Rate MapssueMey4,200, (b) Riparian zones of streams; (c) Slopes above 30% in a contiguous area; Clean Water Act,asa amended;- (f) Archaeological sites, cemeteries and burial grounds; (g) Contiguous native woodlands; (h) Important historic and cultural sites; (i) Boundaries with public lands;  (d) Wetlands that meet the definition used by the Army Corp of Engineers pursuant to the (e) Populations of endangered or threatened species, or habitat for such species;  () Other significant natural featurés and scenic viewsheds such as ridge lines, peaks and rock outcroppings, particularly those that can be seen from public roads; and  (k) Agricultural land in a contiguous area.  $159.32  Compliance with Subdivision Ordinance Required  Conservation Communities shall be considered and processed in accordance with preliminary and final plats requirements as specified in this Ordinance, except that in addition the criteria for approval as provided in this Article shall also apply to decision on preliminary plats.  $159.33 of 10 acres or more. $159.34  Applicability  The Conservation Community standards shall apply as an option to all divisions ofa parent parcel  Required Open Space  Toc qualify as a Conservation Community under these provisions, at least 40% ofthe development shall be set aside as open spaçe. Impervious surfaces, excluding those: considered as active recreation spaces, must be excluded from the minimum 40%. Structures meeting the criteria for inclusion in the National Historic Registry, structures associated with active agriculture, and impervious surfaces related to active recreation spaces not exceeding the 25% limit provided in  this Article shall be excluded from the calculation ofi impervious surfaces.  14    Minimum Size: the. minimum amount of open space required to qualify for an open space within a Conservation Community shall be a contiguous or relatively contiguous area. Thej purpose oft the minimum open spaçe acreage is to avoid developmental proposals where minor subdivisions are used simply to reduce lot sizes and development costs or that provides only small, scattered open spaces that would not functionally contribute to the overall openspace network oft the surrounding Permitted Uses: In the case of agricultural conservation, part of the open space within a Conservation Community may be permitted to be retained in the hands of the farmer/andowner or leased to a farmer for agricultural, pasture, or horticulture uses, SO long as the activity is undertaken using best management practices to reduce environmental impacts as reasonably possible. Open space may not be used for golfo courses, roadways, or waterimpoundments, except existing natural wetlands. No more than 25% ofthe open space may be used for active (developed) recreation spaces included but not limited to ball fields, pools, tennis courts, and other such uses.  area.  Uses not expressly authorized via the preliminary plat process are prohibited.  $159.35  Conservation Easement Required  All primary conservation areas shown on the preliminary plat and required to be retained as open space, shall be permanently protected from further subdivision, development, and unauthorized use by a conservation easement. A conservation easement, as defined, shall be approved by the county and 1) donated to a conservation organization orl land trust; or 2) donated to al homeowners association and co-signed by the Soil and Water Conservation District or 3) donated to the county ifa accepted by the county and co-signed by the Soil and Water Conservation District. In the case of agricultural conservation, part of the open space within a Conservation Community may be permitted to be retained in the hands oft the original fàrmer/land owner if subject to a conservation easement meeting the requirements of this Article. The conservation easement cannot be  terminated without the consent ofthe County.  $159.36  Guidelines for Drafting Conservation Easements  The following guidelines are offered for drafting conservation easements and may be required by (a) The easement recognizes and describes in a statement of purpose the special qualities of the property subject to the easement. The easement must include a map oft the tract noting all significant features within the area. The easement clearly identifies the owner of the property subject to the easement, the holder of the easement, the co-signer, and the (b) The easement specifically and clearly identifies the boundaries of the property subject to the easement, preferably by metes and bounds legal description and survey plat. (c) The easement contains restrictions as to what the owner may do with the property and specifically delineates what may not be done with the property. Limitations may include but may not be confined toj prohibitions against subdivision, earthmoving, dumpings, signs, utility lines, construction, changes to existing structures, and uses made oft the property.  the Subdivision Administrator:  responsibilities oft the owner, easement holder and co-signer.  15    (d) The easement provides for the right of the easement holder and any co-signer to inspect the property to assure observance of restrictions It also provides for enforcement (f) The easement contains provisions governing its amendment, including provisions that the easement shall not be altered or terminated except with the express written permission of  procedures.  (e) The easement provides for the maintenance of property.  the easement holder, property owner, and any co-signers.  $159.37  Homeowners Association  Open spaces may be owned and managed in common by a homeowners association, subject to (a) The developer of the Conservation shall provide to the Subdivision Administrator for approval, prior to the approval of a preliminary plat, a description of the homeowners (b) Unless maintenance is assigned to a conservation organization or land trust, the homeowners association shall be responsible for maintenance and taxes on the open space (c) Homeowner's: association membership ofeachi non-open space lot owneri in the open space Conservation Community shall be mandatory (required) and automatic. (d) Said homeowner's association shall not be dissolved without the consent of the County. As ap part of the preliminary plat application, the applicant for a Conservation Community shall in addition to the requirements for preliminary plants specified in this Ordinance, submit an analysis ofexisting features on the site, which shall, in addition to thel boundariesofthe open space, include the Primary Conservation Areas as defined in this Article. The application shall also include a  compliance with the provisions ofthis Article and the Tolowingreguirements:  association, including bylaws and methods for maintaining open space.  within the open space Conservation Community.  $159.38  Application  baseline description of the current use and condition of the openspace.  $159.39  Consideration  Approval or denial ofap preliminary plat fora Conservation Community shall, in addition to criteria specified elsewhere in this Ordinance for consideration of preliminary plats, be base on the extent (a) All primary conservation areas which are incorporated into the Conservation Community (b) Thec configuration ofthe open space tractisrelatively contiguous, or open space is provided in relatively undivided tracts that cannot reasonably be reconfigured into one contiguous, (c) The open space Conservation Community meets the regulations specified in this Article.  to which the plat meets the following criteria:  shall be protected as permanent open space.  undivided tract.  $159.40  Incentives  16    Application Fees: Subdivision permit application fees for any Conservation Community shall be Application Process Assistance: The Subdivision Administrator shall assist the developer of a Conservation Community in the application and review process. In addition, the Subdivision Administrator shall aid the developer in the procurement of opportunities and materials for Priority Review: Applications for Conservation Communities shall be given priority and the Tax Incentives: Areas deeded as open space may be eligible for a reduced County property tax Certification: Any Conservation Community that has received final plat approval shall be certified asa' "Macon County Conservation Community" and shall have the right to advertise itself as such. Lot Size: In order to encourage clustering of building development, the minimum lot size as required in 159.63 is not applicable for Conservation Communities, unless minimum lot size is  one dollar.  education in the planning and development ofa Conservation Community.  review process shall be reasonably expedited.  valuation as provided by the North Carolina Machinery Act.  regulated by other Statutes or County Ordinances.  PROCEDURE FOR REVIEW OF MINOR SUBDIVISIONS  $159.41  Sketch Plan for Minor Subdivisions  Prior to a submission ofa a final plat, the Subdivider shall submit to the Subdivision Administrator three copies of a sketch plan of the proposed subdivision. The purpose of the sketch plan is to familiarize the Subdivision Administrator with the proposed development and to ensure that iti is in compliance with all applicable regulations. The sketch plan should contain the following  information:  (a) A sketch vicinity map including north arrow showing the location of the subdivision in  relation to neighboring tracts, subdivisions, roads, and waterways; (b) The boundaries oft the tract and the portion ofthe tract to be subdivided; (c) The tax map and parcel number(s) of the lot(s) to be subdivided;  (d) The total acreage to be subdivided; lot layout and size oflots; (f) The name ofthe proposed subdivision.  (e) The existing and proposed road layout with approximate pavement and right-of-way width,  The Subdivision Administrator shall review the sketch plan for general compliance with the requirements of this Ordinance and other pertinent local, state and federal regulations; the Subdivision Administrator shall advise the Subdivider or his authorized agent of the regulations  17    pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission ofthe final plat. Notice oft the decision shall bei ina accordance with GS.160D-403(b). Subdivisions that meet the requirements ofG.S. 160D-802(c), shall bes subjected to expedited plat  approval. $159.42  Final Plat for Minor Subdivisions  The final plat shall be prepared by a Professional Land Surveyor currently licensed and registered in the State ofNorth Carolina by the State Board of] Examiners. The final plat shall conform to the provisions for plats, subdivisions and mapping requirements set forth in G.S. 47-30. At least two (2) copies and one digital copy of the final plat shall be submitted to the Subdivision Administrator's Office with one copy being reproducible material. Material and drawing medium for the original shall be in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements ofthe Macon County Register of Deeds. The final plat shall be of a size suitable for recording with the Register of Deeds. Submission of  the final plat shall be accompanied by a review fee of$50. The final plat shall meet the specifications in $159.56.  $159.43  Approval of Final Plat by the Subdivision Administrator and Recording  Once the Subdivision Administrator has received the required number of copies ofthe plat, he/she shall have fourteen (14) days to review the plat and to grant approval, approval with conditions, ord disapproval. Notice of the decision shall be in accordance with G.S. 160D-403(b). Ifmore than fourteen (14) days is required for approval, the Subdivision Administrator must notify the Subdivider in writing, advising him/her of the delay, the nature of the delay, and an approximate date as to when a decision can be forwarded. Such a delay shall not exceed an additional period of fourteen (14) days. Failure oft the Subdivider to supply the correct information on the final plat or to meet the requirements of this chapter shall not constitute a delay on the part of the County. During his/her review of the final plat the Subdivision Administrator may employ the Mapping Department to confirm the accuracy oft the final plat. Ifs substantial errors are found the plat shall not be recommended for approval until such errors have been corrected.. If the Subdivision Administrator does not approve the final plat, he shall instruct the Subdivider concerning resubmission ofa revised plat and the Subdivider may make such changes as will bring the plat into compliance with the provisions of this Ordinance and resubmit same for reconsideration by the Subdivision Administrator, or appeal the decision to the Superior Court Teehnieal-Review: Ift the Subdivision Administrator approves the final plat, such approval shall be shown on each  Committee-as stated in Section 159.232.  copy oft the plat by the following signed certificate: Certificate of Approval for Recording  Ihereby certify that the subdivision plat shown hereon has been found to comply with the Subdivision Regulations of the County of Macon, North Carolina and that this plat has been  18    approved by the Subdivision Administrator for recording in the Office oft the Register of Deeds of  Macon County.  Subdivision Administrator Macon County, North Carolina  Date  Ifthe final plat is disapproved by the Subdivision Administrator, the reasons for such disapproval shall be stated in writing, specifying thej provisions ofthis Ordinance with which the final plat does not comply. Notice of the decision shall be in accordance with G.S. 160D-403(b). One copy of such reasons and one print of the plat shall be retained by the Subdivision Administrator as part of his/herrecords; a copy ofs such reasons and the remaining copies ofthe plat shall be transmitted to the Subdivider. If the final plat is disapproved, the Subdivider may make such changes as will bring the final plat into compliance and resubmit same for reconsideration by the Subdivision Administrator. Ifthe final plat is approved by the Subdivision Administrator, said approval shall be noted on the plat and the reproducible copy of the approved final plat. The Subdivider shall have twenty (20) business days from the date of the final plat approval to. have the plat recorded in the Register of Deeds. The final plat approval shall become invalid if the final plat is not  recorded within the required amount oftime.  $159.44 $159.45 $159.46 $159.47 $159.48 $159.49  Reserved Reserved Reserved Reserved Reserved Reserved  PROCEDURE FOR REVIEW OF MAJOR SUBDIVISIONS  $159.50  Sketch Plan for Major Subdivisions  Number of Copies and Content: Prior to the preliminary plat submission, the Subdivider shall submit to the Subdivision Administrator three copies ofa sketch plan of the proposed subdivision (a) A sketch vicinity map including north arrow showing the location of the subdivision in  containing the following information:  relation to neighboring tracts, subdivisions, roads, and waterways; (b) The boundaries of the tract and the portion of the tract to be subdivided; (c) Tax map and parcel number(s) of the lot(s) to be subdivided;  (d) The total acreage to be subdivided; lot layout and size of lots;  (e) The existing and proposed road layout with approximate pavement and right-of-way width,  19    (f) The name, address, and telephone number of the owner; and  (g)1 The name of the proposed subdivision.  $159.51  Submission and Review Procedure for Sketch Plans for Major Subdivisions  The Subdivision Administrator shall review the sketch plan for general compliance with the requirements of this Ordinance and other pertinent local, state and federal regulations; the Subdivision Administrator shall advise the Subdivider or his authorized agent of the regulations pertaining to the proposed subdivision and the procedures to be followed in the preparation and submission of the preliminary and final plats. Notice of the decision shall be in accordance with One copy oft the sketch plan shall be retained as part oft the recordofthe: Subdivision Administrator with one copy being returned to the Subdivider or his authorized agent along with any comments  G.S. 160D-403(b).  made by the Subdivision: Administrator concerning the proposed plat.  $159.52  Preliminary Major Subdivision Plat: Submission and Review  (a) Submission Procedure  The Subdivider shall submit a preliminary plat to the Subdivision Administrator's Office which shall be reviewed by the Technical Review Committee (hereinafter referred to as the "Committee"). The Committee shall approve the preliminary plat before any construction At least two (2) copies and one digital copy of the preliminary plat (additional copies may be required by the Subdivision Administrator to send to various agencies). shall be submitted to the Subdivision Administrator no less than fifteen (15) days prior to. the Committee meeting at which the Subdivider desires the Committee to review the: The fee for submitting the preliminary plat shall be based on the number of lots in the proposed subdivision as follows: $10 per lot or a minimum of$100, whichever is greater,  orinstallation ofi improvements may begin..  preliminary plat.  Preliminary plats shall meet the specifications in $159.56. (b) Review by the Health Department and Other Agencies  Concurrent with submission of the preliminary plat to the Subdivision Administrator, the Subdivision Administrator shall submit copies of the preliminary plat and any accompanying material for review and recommendation to various officials and agencies concerned with new development including all members of the Committee. If lots are proposed to be receiving septic tanks as the means of solid waste. disposal, and do not: possess a valid authorization to construct an on-site wastewater system, a disclaimer must. be placed on the plat stating "as of the date of this recording, the lots represented on this plat have not been inspected or approved by the Health Department. Until inspected there  is no assurance that al building permit can be issued."  20    (c) Review Procedure  The committee shall, on ai majority vote oft thei members present, vote to either approve the plat, conditionally approve the plat with the recommended changes tol bring the preliminary plat into compliance, or disapprove the plat with reasons. The subdivider must be made aware of the decision within seven days of the Committee meeting at which the plat was Ift the Committee approves the preliminary plat, it shall be noted on a copy oft the plat and said copy shall be filed with the Subdivision Administrator. Ifthe Committee approves the preliminary plat with conditions, approval shall be noted on the copy with a reference to the conditions. Once these conditions are met, the plat shall be noted as approved and shall Ifthe Committee disapproves the preliminary plat, the reasons for such disapproval shall be specified in writing and in in accordance with G.S. 160D-403(b). One copy oft the plat and the reasons shall be retained by the Subdivision Administrator and one copy shall be returned to the Subdivider. The Subdivider shall have thirty days from receipt ofthe written notice of the decision ednaprovaldaetosedeehenlynePaming Bam-Upnasdaimefae-ssaatha-aydy. to seek review ofthe decision in Superior Court as stated in Section 159.232.  discussed.  be filed with the Subdivision Administrator.  $159.53  Final Subdivision Plat: Submission and Review  (a) Preparation of Final Plat and Installation of Improvements  Upon approval oft the preliminary plat by the Committee the Subdivider: may proceed with the preparation of the final plat, and the installation of or arrangement for required improvements in accordance with the approved preliminary plat and the requirements of this Ordinance. Prior to approval of the final plat, the Subdivider shall have installed the improvements specified in this Ordinance or a financial performance guarantee shall be posted at the time the plat is recorded, pursuant to G.S. 160D-804.1(3Xa).-  (b) Submission Procedure  At least two (2) copies and one digital copy of the final plat (additional copies may be required by the Subdivision Administrator to send to various agencies) shall be submitted to the Subdivision Administrator's Office with one copy being on reproducible material. Material and drawing medium for the original shall bei in accordance with the Standards of Practice for Land Surveying in North Carolina, where applicable, and the requirements of the Macon County Register of Deeds. The final plat shall be ofasize suitable fori recording  with the Register of Deeds.  21    The fees for submittal and review of a final plat and improvement guarantees shall be as  follows:  Final Plat $10 per lot or aj minimum of $100, whichever is greater.  Improvements Guarantees Review, $50.00.  The final plat shall meet all applicable specifications in $159.56 of this Ordinance. The Certificate of Approval of the Design and Installation of Roads, Utilities, Other Ihereby certify that the subdivision plan shown hereon has been found to comply with the Subdivision Regulations of the County of Macon, North Carolina. This plat has been approved by the Subdivision Administrator for recording ini the Register of Deeds.  following signed certificate shall appear on all copies oft the final plat:  Required Improvements and Approval for Recording  Date  Subdivision Administrator  The Subdivision Administrator can either approve, conditionally approve with the recommended changes to bring the final plat into compliance, or disapprove the final plat with reasons, within fourteen (14) days of the plat submission. During the review of the final plat, the Subdivision Administrator may: utilize the Mapping Department to confirm the accuracy oft the final plat. Ifthere are significant revisions between the preliminary and final plats, the Subdivision Administrator may reconvene with the Technical Review: Committee for approval or disapproval ofthe revised plat(s). Also,ifsubstantial errors are discovered the plat shall not be recommended for approval until such errors have been Ift the Subdivision Administrator conditionally approves the final plat with modifications to bring the plat into compliance, the Subdivision Administrator shall retain one copy of the plat and return the written recommendations and reproducible to the Subdivider. If the final plat is disapproved by the Subdivision Administrator, the reasons for such disapproval shall be stated in writing, specifying the provisions of this Ordinance with which the final plat does not comply. One copy of such reasons and one print of the plat shall be retained by the Subdivision Administrator as part of his/her records; one copy of the reasons and one copy ofthe pat shall be transmitted tot the Subdivider. Ifthe Subdivider isnots satisfied with the decision ofthe Subdivision Administrator, the Subdivider will have thirty days from receipt oft the written notice ofthe decision to seek review: by the Superior Ift the final plat is approved by the Subdivision Administrator, said approval shall be noted on the plat and the reproducible copy oft the approved final plat. The Subdivider shall have  corrected.  CourlPeehmial-Review-Commitee-as stated in Section 159.232.  22    twenty (20) business days from the date ofthe final plat approval to have the plat recorded int the Register ofI Deeds. The final plat approval shall become invalidifthe final plati is not  recorded within the required amount of time.  Notice of any decision shall be in accordance with G.S. 160D-403(b).  $159.54 will apply:  Phased Developments  Ifad developer proposes that a subdivision will be constructed inj phases, the following procedure  Option 1: Traditional Phases:  (a) A master plan showing the entire proposed. subdivision and phases of development, proposed density, proposed type and location of utilities, and proposed development (b) Each phase ofdevelopment shall be preceded by submission: and approval ofaj preliminary plat as outlined in $159.51 & $159.52. The master plan may be submitted prior to, or simultaneously, to the submission ofthe preliminary plat for thei first phase ofdevelopment. (c) As each phase is completed, a final plat must be submitted and approved for that phase as (d) Any approved phase not completed within twe-(2) five (5) years shall require renewed  timetable shall be submitted to the Subdivision Administrator.  outlined in $159.53. approval.  Option 2: Density Development:  (a) A master plan showing the entire proposed subdivision and lot(s) of development, proposed density, proposed type and location of utilities, and proposed development (b) Each lot(s) of development shall be preceded by submission of aj preliminary plats as outlined in $159.51 & $159.52. The master plan may be submitted prior to, or simultaneously, to the submission of the preliminary plat of the first phase of (c). As each lot(s) is completed, a final plat must be submitted and approved. for that phase (d) Any approved. lot(s) not completed within five (5)years shall require renewed approval.  timetable shall be submitted to the Subdivision Administrator.  development. as outlined in $159.53. As-Built Plats  $159.55  The Subdivider shall provide an As-Built plan to the Subdivision Administrator and the Homeowners Association. The Subdivision Administrator shall keep the As-Built plat on file in the Planning Department. As-Built plats shall be submitted in electronic PDF or TIFF format. The preliminary and final plat shall depict or contain the requirements of NCGS 47-30 and the information indicated below. Preliminary plat information is only required for major subdivisions:  $159.56  Information to be Depicted on Preliminary, Final and As-Built Plats.  23    Tax Parcel Identification Number  Road Name(s)  Sanitary Sewer Systems: System and easement locations  Drinking Water Wells: location and size of community and/or shared water system easements, location of all existing wells on site and location ofinstalled waterlines, valve boxes, etc. which are a part of a community/Shared water system and located within the  subdivision.  Stormwater drainage facilities, culverts, and retention ponds Watershed Designation and Watershed Boundaries, ifapplicable  Special Flood Hazard boundaries including loodway/non-encroachment areas and  base flood elevations.  $159.57  Recombination ofLand  Any plat or any phase of an approved plat, in an approved subdivision may be vacated by the Subdivider at any time prior to the sale of any lot in the subdivision by gaining approval of and  recording a plat that either:  (a) Is inconsistent with the originally approved plat, or prescribed herein for an original subdivision. Resubdivision Procedures  (b) Reflects the tract without the lotsi ifno lots have been sold. The same procedures, rules and regulations shall apply in gaining approval of and recording a plat for this purpose as  $159.58  Foranyre-platting orre re-subdivisiono ofland, the same procedures, rules and regulations shall apply  as prescribed herein for an original subdivision.  $159.59  Reserved  REQUIRED IMPROVEMENTS, DEDICATION AND MINIMUM STANDARDS OF DESIGN  $159.60  General  Prior to final plat approval, each subdivision shall contain the improvements specified in this article, which shall bei installed in accordance with the requirements ofthis Ordinance, and paid for by the Subdivider, unless other means of financing is specifically stated in this Ordinance. Each subdivision shall adhere to the minimum standards of design established by this article. A homeowner's association shall be responsible for the maintenance and control of recreational facilities, common space, shared well water systems, communityseptic: systems, and subdivision  $159.61  Homeowners Association Shall Bel Established  roads contained within a residential subdivision.  24    When Created- Provision for the establishment oft the association or similar entity is made. Authority - The association or similar legal entity has clear legal authority to maintain and Contributions - The association or similar legal entity has the power to compel contributions from residents oft the development to cover their proportionate shares oft the costs associated with Maintenance Certification - The following road maintenance certification shall appear on the Road maintenance shall hereby be the responsibility oft the Homeowners Association. The road  before any lot in the development is sold or any building occupied. exercise control over such common areas and facilities.  both maintenance and upkeep.  final plat:  maintenance agreement is recorded in Deed Book  Page  of the Macon County  Register of Deeds.  Date $159.62  Owner/Developer  Name and Road Duplication  All subdivisions and all: roads contained within the subdivision shall be named and those shall be included on all preliminary and final plats. The name oft the subdivision and the names ofthe roads within the subdivision shall not duplicate or closely approximate the name ofr neither an  existing subdivision nor any existing roads within Macon County.  $159.63  Subdivision Design  Lot Dimensions. The minimum lot size for residential lots shall be 8000' square feet, unless minimum lot size is regulated by other Statutes or County Ordinances. Where off site sewer and  water are supplied, there are no minimum requirements for lot size.  $159.64  Road Standards  The design standards for subdivision roads and streets shall meet either the minimum construction requirements for private roads as established by this Chapter or the minimum construction standards for secondary roads as required by the North Carolina Department of Transportation. When State standards are to be met, the subdivider or developer shall submit proposed road specifications for the approval of the local Department ofTransportation office Exception: Roads or proposed road right-of-ways shown on Development Plans or Survey Plats created, signed and sealed by al NC Registered Design Professional prior to the original effective date oft this ordinance, September 1,2008, shall not be required to meet the design standards  prior to submitting a preliminary plat.  required by this ordinance.  25    Compaction of Fill - All fill material shall be stabilized in conformance with generally accepted engineering standards. Vegetation that has not been cut or cleared shall be removed from the disturbed area and shall not be covered by, or imbedded in, fill material. Ifnecessary the Subdivision Administrator may require certification of compaction by a qualified professional to  determine compliance with this section. Design for Private. Roads  (1) Width of Road - Graded road with roadbeds shall meet the NC Fire Prevention Code and under no circumstances the road width shall be less than 16' in width. See 159.64(8) Exception: Roads within a minor subdivision may be 10'i in width provided that turnouts orl hammerheads are installed at intervals no greater than 500.Turnouts: and hammerheads shall be constructed in accordance with $153.64(11). (2) Stone or payed areas - Road travel area may be either stoned or paved. (a) Where stone is used, it shall be crusher-run' or DOT approved "ABC" stone compacted to a minimum of four inches. In locations where soil conditions require additional stone or other acceptable means to attain a stable roadbed, the developer shall complete the necessary road stabilization prior to submitting the final plat for (b) Private roads which are stone or paved shall be constructed to the design  for road widths regarding one way roads.  approval.  requirements oft the design professional. each side shall be a minimum width of 1 foot. County Soil and Erosion Control Ordinance.  (3) Shoulder Areas and Ditches- Area on cut side shall provide a drainage ditch of adequate size to accommodate storm water runofft based on terrain and location. Shoulder width on (4) Road grades - Road grades shall meet the standards as set forth in $153-07-ofthe Macon (5). Culverts and Drainage - Culvert location and design shall meet the standards set forth (6) Stormwater Measures - Stormwater measures shall meet the standards as set forth in (7) Spur Roads- Spur road grades shall meet the standards as set forth in $153.07efthe (8) One-way Roads - One-way roads shall have a minimum width of12' ofdriving surface (9) Access Roads - Any road providing access by motor vehicles to lots or other areas used (10) Security Gates - Gates securing any access road to a subdivision shall comply with the  in the Macon County. Soil and Erosion Control Ordinance. $153.39-efthe Macon County Soil and Erosion Control Ordinance. Macon County Soil and Erosion Control Ordinance. and a minimum of1.57 shoulder width on each side. inc common contained within the subdivision. (a). The minimum gate width shall be 16 feet. (b) Gates shall be oft the swinging or: sliding type.  following criteria:  (C) Construction of gates shall be of materials that allow manual operation by one person.  26    (d) Gate components shall be maintained in an operative condition at all times and (e) Electric gates shall be equipped with a means of opening the gate by emergency personnel for emergency access. Emergency opening devices shall be approved by (f) Manual opening gates shall not be locked with a padlock unless they are capable of (g) Locking devices and specifications shall be submitted to and approved by  replaced or repaired when defective.  the fire code official.  being opened by a means of forcible entry. Subdivision Administrator and fire code official.  (11)Turnouts and Hammerheads  Turnout  Hammerhead  120' 20  e  20  28'R TYP.  $159.65  Other Provisions  No construction or installation or improvements shall commence in a proposed major subdivision until the preliminary plat has been approved, and allj plans and specifications have been approved by the appropriate authorities. No building permits shall be issued for erection of as structure on any lot unrecorded. at the time of the adoption of this Ordinance, until all the requirements of this Ordinance have been met. Prior to commencing any work within the subdivision, the property owner(s) shall make arrangements with the Subdivision Administrator top provide for adequate inspection. The approving authorities havingj jurisdiction or their representatives shall inspect and approve all completed work prior to release ofs sureties.  $159.66 $159.67 $159.68 $159.69  Reserved Reserved Reserved Reserved  27    LEGAL: PROVISIONS  $159.70  General Procedure for Plat Approval  After the effective date oft this Ordinance, no subdivision plat ofland within the County's jurisdiction shall be filed or recorded until it has been submitted to and approved by the Subdivision Administrator as set forth in this Ordinance, and until this approval is entered in writing on the face oft the plat by the Subdivision Administrator. The Register of Deeds shall not file or record a plat ofas subdivision of land located within the territorial jurisdiction oft the County that has not been first approved in accordance with these provisions, nor: shall the Clerk of Superior Court order or direct the recording ofa plat ifthe recording would be in conflict with  this section. $159.71  Issuance of Building Permits on Subdivision Lots  Nol building permit shall be issued for the erection of any building on any lot within aj proposed subdivision until a final plat ofs said subdivision has been approved by the Subdivision Administrator andi recorded at the Register of Deeds, and where applicable, improvement  permit(s) have been issued by the Health Department.  $159.72  Enforcement and Penalties for Violation  Pursuant to G.S. 160D-807, tFhis Ordinance shall be enforceable in accordance with provisions available in Articles 86-and-18 of Chapter 160D153A ofthe General Statutes ofNorth Carolina. Enforcement may be by one, all, or a combination oft the remedies described below or otherwise authorized by common law or statute. SuchstalutesineladeaiehuerenoHimitedieNCGSChapler  53A-123-@/threugh8-1S3A-324,amd-153A-334.  Misdemeanor  After the effective date oft this Ordinance, any person who, being the owner or agent of the owner ofa any land located within the jurisdiction of the Ordinance, thereafter subdivides thehis land in violation of this Ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision ofl land before the plat has been properly approved under the terms of this Ordinance and recorded in the Office of the Macon County The description by metes and bounds in the instrument of transfer or other document used in the process ofs selling or transferring land shall not exempt the transaction from this penalty. The County through its attorney or other official designated by the Board ofCounty Commissioners, may bring an action fori injunction of anyenjoin illegal subdivision, transfer, conveyance, or sale of land, The County through its attorney or other official designated by the Board of County Commissioners may institute any appropriate action or proceedings to prevent the unlawful subdivision ofl land, to restrain, correct, or abate the violation, orto prevent any illegal act or conduct.-by-aetien-erinjuneteon-Purther,Vielaters-efthis Ominamseshallesabepewatim,ieinerispiwwentaspovridwilyGs:  Register of Deeds, shall be guilty ofa Class 1misdemeanor.  14.4.  28    AyCominuingVioations Bbquabe-emedies  Eaeh-day'seontinuingwiolationofanss-Ordimanceshalshal-beasepersieamdand-listinetoffense: This-Ordinanee-mayalsebeemfersellyapprepiategalialeremeditsis-issued-Rom-court ofcompetentyurisdiction,imohmdingemandaoryorpoohiblety-inunction,eramerderef abatementas-autherizdbyNCGS-5-1534-123-shoulemetheedefensekto-the-Ceunty's pplHeation-torequaberehePnatnereisanadequateremedy-atlaw,  OCembinationetRemedies  Nothing-n-this-see!sseclenshal-becensinvedte-mitteuseofremedies-ayaHable-te-the Ceunty-whichmay-sekloemionselhisOnimamneebyusinganyeme,alyeracembinationef  remedies: D)CiiPenalties  Any-persen-wne-vielatesanyprevsienseFtas-Ordmnanee-shtyetetne-assessment faeiit-penalty-tne-mekimumum-penaltyalowed-by-aw.-No-cNo-eMir-penaly-shal-be-assessed ntl-thepersen-aHDe-n-velaton-has-been-melied-byth-SubdVIsIOR-Administrater: Phe-metice-shal-beproviddbyserietorregsteredmalyprienty-mail-Withdelivery pontirmation,persena-service-erby-pestingnetiee-eltne-vienspieuously-on-the ,atterreeewvingtne-melieeolyclatien,tne-vielaterlalsteeakecorreetve-acten,@-eIA penalty-may-beimpesed-Theshationshal-beservedinthesame-mammeras-themoticeef vielation-Tieaiaionshaaaeewal.tesMlyieheimpesed pon-the-veatet,aneshalrdireetme-vielaterterte-pay-tme-eMIPenaly-wh-5-days-erthe ate-et-motiee.-ppaymentS-ROEreceivedorequable-setlementreaehedWInays-atter emantorpaymentismaylemaeraieremeoleCounyAltiomey-ior instutionefaeiviastiemintheapprepprepristedivisononeflhe-Gemema/Courtseflustiee-for recyery-efthe-evipemalvy-Prewidedhoweve,ifhechMipenalyismotpaid-withinthe ime-preseribed,the-subdivisietratermay-haye-ae#HinA-SUmmOns-erwarrant ssuedagainstthe-vewolate-Uponconvetien,theviolatorshalrbesabeteHeany-erimina  property  emaly-tme-CeMr-may-mpesepursuant1O-NCGS144.  $159.73  Severability  Should any section or provision oft this Ordinance be decided by a court of competent jurisdiction to be unconstitutional ori invalid, such decision shall not affect the validity of the Ordinance as a whole or any part thereof other than the part sO declared to be unconstitutional or  invalid. $159.74 $159.75  Reserved  Amendments and Review  29    (1) The Board of Commissioners: may from time to time amend the terms ofthis Ordinance. Any proposed amendment shall, whenever possible, be referred to the Planning Board for (2) Every two (2) years the Board of Commissioners shall direct the Subdivision Administrator to submit a report to the Planning Board outlining the effectiveness of this chapter, enforcement activities and recurring issues that may arise in the enforcement of this chapter. Upon receipt oft this report the Planning Board shall review the Ordinance and propose updates and/or corrections that may be necessary to increase the effectiveness oft the Ordinance and to minimize the recurrence of problems related to the  its review and recommendation.  enforcement oft this chapter. Abrogation  $159.76  Itisi not intended that this Ordinance repeal, abrogate, annul, impair, ori interfere with any existing easements, covenants, deed restrictions, agreements, rules, regulations, or permits previously adopted or issued pursuant to law. However, where this Ordinance imposes greater  restrictions, the provisions of this Ordinance shall govern.  $159.77 day of $159.78  Effective Date 20 Adoption  This Ordinance shall take effect upon its adoption by the Macon County Commissioners this  Duly adopted by the Board of Commissioners of the County of Macon, North Carolina, this the  14th- - day of September  2021-  Chairman, Board ofCommissioners  ATTEST:  Name  Amended: September 8, 2008  September 14, 2009 January 25, 2010 July 9,2013  30    CHAPTER 152: SIGN CONTROL  Section General Provisions 152.01 Title 152.02 Authority and jurisdiction 152.03 Purposes 152.04 Applicability 152.05 Definitions 152.06 Conflict with other laws 152.20 Permit required; compliance with state building code 152.21 Signs exempted 152.22 Sign regulated but not requiring aj permit 152.23 Signs prohibited 152.24 Off-premise advertising sign regulations 152.25 On-premise sign regulations 152.26 Noncommercial messages Sign Maintenance; Care ofTrees 152.40 Maintenance 152.41 Unlawful cutting oftrees or shrubs Permits, Fees and Nonconforming Signs 152.55 Permits required 152.56 Permit application and fees; transfers 152.57 Permit and permit emblem 152.58 Plans, specifications and data required for permit 152.59 Registering existing signs 152.601 Permit revocations 152.61 Notice given for refusing to issue permit 152.62 Nonconforming signs 152.63 Reconstruction of damaged signs or sign structures Administration and Enforcement 152.75 Responsibility and authority 152.76. Appeals 152.77 Variances 152.99 Penalty GENERAL PROVISIONS $152.01 TITLE.  Sign Regulations  This chapter shall be known and may be cited as the. Sign Control Ordinance of Macon County, North Carolina, codified as Chapter 152 ofThe Macon County Code. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) (A)Authority. This chapter is established by the Macon County Board of Commissioners pursuant to the authority conferred in G.S. Chapter 153A-121(a). The Board of Commissioners (B)Jurisdiction. The provisions of this chapter shall apply to unincorporated areas of Macon County, lying outside of the corporate limits or extraterritorial jurisdiction of any incorporated town. Municipalities within Macon County may elect to allow this chapter to be effective within (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001)  $152.02 AUTHORITY AND. JURISDICTION.  herby ordains and enacts into law the following sections.  their corporate limits and extraterritorial, jurisdiction.  1    $152.03 PURPOSES.  The purpose oft these sign regulations is to guide and: regulate the construction and placement of signs in Macon County. It is thei intent ofthis chapter to preserve and maintain the scenic and aesthetic environment of the county in order to protect and promote the tourist industry and the quality ofl life of the county's residents and visitors; improve safety for local and visiting motorists and pedestrians in Macon County by reducing the distracting influence of uncontrolled signs; to minimize the possible adverse effect ofs signs on nearby public and private property; and (A) A sign as herein defined may be erected, placed, established, painted, created or maintained int thej jurisdiction of Macon County only in conformance with the standards, procedures, (I)Toestablish: aj permit system to allow a variety oft types ofs signs subject to the standards and (2)Toallow certain signs that are small, unobtrusive and incidental to the principal use ofthe respective lots on which they are located, subject to the substantive requirements oft the chapter,  to enable the fair and consistent enforcement of these sign regulations. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. 12-3-2001)  $152.04 APPLICABILITY.  exemptions and other requirements oft this chapter. the permit procedures ofthis chapter; but without a requirement for permits;  (B)The effect oft this chapter as more specifically set forth herein, is:  (3)Toj prohibit all signs not expressly permitted by this chapter; and (4)Toj provide for the enforcement of thej provisions of this chapter. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) For the purpose oft this chapter the following definitions shall apply unless the context clearly BUILDING FRONTAGE. The length, in linear feet, ofal building' s side fronting on a public DIRECTIONAL SIGN. An off-premise sign providing directions toal business, office or other activity. Ifa sign contains any additional message or exceeds thei maximum area, it shall be DIRECTLYILLUMINATED SIGN. A sign designed to give forth artificial light directly (or through transparent or translucent material) from a light source within or attached to such sign. DWELLING UNIT. Pursuant to S.L. 2019-111, Section 1.17.a single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.Aheuse,mohahiehaum-pwrmemtsemdeminiurora rowpoféelimgsospsweP-winggumesoromeer EXEMPT, SIGN. Any sign which is specifically listed as exempt from this chapter. FREESTANDING: SIGN. The general term for any sign which is supported from the ground and INDIRECTLYILLUMINATED SIGN. A sign designed tol have a illumination from a detached light source, shielded so that no direct rays from the light source are visible elsewhere than on the NONCONPORMING. SIGN. An existing sign that is constructed: and inj place prior to the adoption of the chapter and which does not conform to the provisions oft the chapter, as amended, is declared a nonconforming sign. An illegal sign is not a nonconforming sign. OFF-PREMISE, ADVERTISINGSIGN. Any sign visible from the main-traveled way of any road advertising aj product, service, business or activity which is sold, located or conducted elsewhere than on the premises on which the sign is located, or which product, service, business oractivity iss sold, located or conducted on such premises only incidentally, ifatall.  $152.05 DEFINITIONS.  indicates or requires a different meaning.  road.  COPY. The characters, letters or illustrations displayed on a sign face.,  construed as an off-premise advertising sign.  more-humans:  not attached to al building. lot where the illumination occurs.  2    OFF-PREMISE, SIGN. Any sign visible from the main-traveled way ofa any road used for the purpose of displaying, advertising, identifying or directing attention to a business, service, activity or place, including products or services sold or offered for sale on premise other than on ON-PREMISE. SIGN. Any sign used fort the purpose of displaying, advertising, identifying or directing attention to al business, product, operation, service or activity sold or offered for sale, or PORTABLES SIGN. A sign with aj permanent frame and a display area for changeable copy, designed or intended to be relocated and not permanently affixed to the ground or structure. This shall include signs on wheels, trailers or any other device which isi intended to be moved from one. PROHIBITED: SIGN. Any sign, or element of a sign, which specifically. listed as prohibited in SETBACK. The shortest horizontal distance between the edge oft the pavement or traveled SHOPPING CENTER. A development having a five or more establishments located on the same SIGHT DISTANCE TRIANGLE. The land adjoining a road intersection that is kept clear of obstructions between three and seven feet above ground as measured along the road: flow lines above ground to ensure visibility and thes safety ofr motorists and pedestrians. Thej protected sight distance area is the triangle with legs that are the intersecting flow lines of two roads at an intersection. Where local roads meet, the legs shall extend at least 35 feet each way from the SIGN. Any display ofl letters, words, numbers, figures, devices, emblems, pictures, logos or any other means whereby the: same are made visible for the purpose oft making anything known whether such display be made on, or attached to, or as aj part ofa a structure, surface, or any other object whether natural or manmade. The term. SIGN shall include: sign structure. SIGNAREA (SIGN FACE). The area ofa a sign shall be considered to be that of the smallest rectilinear figure (but which shalll have a continuous perimeter ofnot more than eight straight lines) which encompasses all lettering, wording, frame design or symbols, together with any background on which the sign is located and any illuminated part of the sign, ifsuch background or such illuminated part oft the sign is designed as an integral part ofandi related to the sign. Any cutouts or extensions shall be included in the area oft the sign, but supports and bracing which are not intended as part ofthe sign shall be excluded. Int the case of a multi-faced sign, the area ofthe SIGN HEIGHT. Sign height shall be measured from the ground directly below the center ofthe sign or from the road grade oft the closest point in the road thes sign is located along, whicheveris TEMPORARY. SIGN. A sign with or without a structural frame, not permanently attached toa building, structure or the ground, and intended for al limited period of display provided, however, at temporary sign does noti include aj portable sign herein defined. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Whenever the regulations oft this chapter conflict with the requirements of another statute, the. (Ord. passed 9-5-1995; Am Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) $152.20 PERMIT REQUIRED; COMPLIANCE WITH STATE BUILDING CODE. Except as specifically exempted or prohibited in this section, all signs constructed, placed, relocated or maintained shall require a permit in accordance with thej provisions oft this chapter.  the premises where such sign is displayed.  to other information offered on the premises where the sign is located.  location to another. $152.23, shall not bej permitted.  surface and the closest point ofa sign or its supporting member. parcel or on abutting parçels and planned as an integrated development.  intersection of the edge oft traveled way.  sign shall be considered to include all faces visible from one direction.  higher, to the sigh or sign structure's highest point.  $152.06 CONFLICT WITH OTHER LAWS. more restrictive standard shall govern.  SIGNREGULATIONS  3    All signs permitted by this chapter shall be constructed in accordance with the North Carolina (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see  State Building Codes as amended.  $152.99 $152.21 SIGNS EXEMPTED.  The following signs are exempted from this chapter: 68 building identification, directional, information and welcome signs.  (A) Government signs including, but not limited to, traffic warning or regulatory signs including (B) Trade names and graphics which are located on newspaper, soft drink, gasoline pumps and (C). Flags or insignia ofa any governmental or non-profit organization when not displayed as an (E)Commemorative tablets, markers or monuments constructed by or with the permission ofthe (F) Signs on operational motor vehicles indicating the name ofa business, when the vehicle is not (H) Decorations or displays ofat temporary nature which are associated with any national, local or  similar vending devices. advertising device.  (D) Warning signs posted by utility or construction companies.  Macon County Board of Commissioners. intended solely for a display ofs signs. (G) Signs required by law, statute or chapter. religious holiday or celebration. (I) Political signs, except as prohibited in S 152.23.  (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) The following signs are regulated under this chapter but do not require aj permit. (A). Directional: signs. Such signs shall not exceed 32 square feeti in area per directional flow of traffic and ten feet in height. Not more than three directional signs shall contain directions or reference the dame activity or business. A maximum oft three directional signs may be placed (B) Real estate. signs. Such signs shall not exceed four square feeti in area pers sign face, and one sign per property per street frontage on lots less than two acres ins size. For lot greater than two acres, real estate signs shall not exceed 32 square feet in area per directional flow of traffic, a maximum height of ten feet, and ai maximum of one sign pers street frontage. (C) Temporary Signs. Temporary signs are permitted on-premise fora maximum period of 30 consecutive days, not to exceed ai total of 90 days during any one-year period. The total area ofall temporary signs shall not exceed 50% of signage permitted on a property. (D) Temporary construction. signs. Temporary signs which provide the names of contractors, subcontractors, financing institutions and the future business or activity proposed on the tract. The signs shall be located on-premise and shall not exceed a maximum sign area of32 square feet per sign face, and two signs per property. The signs may be erected within 30 days oft the start of construction and shall be removed upon issuance ofa certificate of occupancy. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see S  $ 152.22 SIGNS REGULATED BUT NOT REQUIRING A PERMIT.  within 100 feet of any intersection.  152.99  $152.23 SIGNS PROHIBITED.  The following signs and sign features or components are prohibited: with the driver's view ofa approaching, merging or intersectingt traffic.  (A) Signs obstructing the view of motorists entering or exiting roads or highways, or interfering (B) Signs incorporating flashing, blinking or strobe lights and signs with moving parts or parts which simulate movement; provided however, signs may include changing displays. Additionally prohibited are signs with direct or indirect illumination which directs or allows a lighting source to direct light on any residential dwelling or at nay portion ofaroadway with an intensity which  may impair a driver's vision.  4    (C) Portable signs.  (D). Any non-governmental sign resembling aj public safety warning or traffic signal. (E) Signs, whether temporary or permanent, within any road or highway right-of-way, with the exception of governmental signs and signs permitted pursuant to G.S. Chapter 136-32.- (F): Signs constructed or maintained upon trees and utility poles or painted or drawn upon natural (G) Signs containing words or graphics that are. obscene, as defined in G.S. Chapter 145. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord passed 12-3-2001; Am. Ord. The following regulations shall be applicable to all off-premise advertising signs as defined in S (A)Size. No off-premise advertising sign permitted by this chapter shall exceed the following (1)A maximum of300: square feet per directional flow of traffic on primary highways(fouror (2)Amaximum of 75 square feet per directional flow oft traffic on all other roads (3) For both subsections (I)and (2) above, a maximum of two faces pers sign structure is allowed, positioned either back to back or V-shaped, such that only one face is allowed per side. Bot sides ofa double façed or V-shaped sign shall be of equal size. In no case shall thère be more than one (C)Spacing. The minimum space between off-premise advertising signs shall be at least 1,000 linear feet as measured along the roadway centerline. Additional spacing is required as follows; 500: feet from any intersection of the centerline ofall roads and bridges, and a minimum of 500 feet from the nearest point of any welling unit, church or any place ofworship and thej property boundary ofany school, cemetery or public park located within 600 feet oft the right-of-way. No off-premise advertising sign shall bel located on aj parcel or lot with an existing free-standing, on- premise sign or within 100 feet ofa free-standing, on-premise sign on the same side ofar road. (D), Setbacks. The minimum setback is back oft the right-of-way but no closer than 20 feet from the edge of the traveled way of any road. All off-premise. advertising signs shall bel located at least 20 from any abutting property lines and outside of all sight visibility triangles. (E) Extensions. No off-premise advertising signs shalll have any extensions that cause the sign to (Ord. passed 9-5-1995; Am. Ord. passed. 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see S Allon-premise signage, except as herein provided, shall require aj permit and shall meet the (I)Size. Free-standing signs on: all roads shall not exceed 75 square feet per directional flow of traffic. A maximum of two sign faces per directional flow oftraffic is permitted per free-standing (2) Number of signs. A maximum of one free-standing sign per property for each street frontage (4) Setbacks. When signs, because oftheir placement, obstruct) the view ofmotorists entering or exiting roads or highways, those signs shall either be elevated or be set back 20 feet from the  rock formations or other natural features. passed 7-14-2008) Penalty, see $ 152.99  $152.24 OFF-PREMISE ADVERTISING SIGN REGULATIONS. 152.05. Any not specifically allowed is prohibited.  maximum sign area: more lanes)  face per directional flow oftraffic.  (B) Height. No off-premise advertising sign shall exceed 301 feet in height.  exceed the maximum size, height or setback.  152.99  $152.25 ON-PREMISE SIGN REGULATIONS.  following requirements: (A). Free-standing: signs.  sign. is permitted.  (3) Height. No sign shall exceed 30 feet inl height.  edge oft the traveled way. (B). Attachedsigns.  5    (1)Size. Attached signs for an individual building shall not exceed the following maximum sign area: 1% square feet ofs signage for each one linear foot ofbuilding frontage adjacent to aj public road, or for each one linear foot ofthe longest side of the building, whichever is greater. (2) Number ofs signs. Attached signs fori individual businesses may include multiple sighs, provided the total square footage ofall signs on a building frontage does not exceed the total (3) Type ofsigns. Except as prohibited and regulated in SS 152.22 and 152.23, any type of sign (C)Signs for multiple establishments. Shopping centers and group developments on a single lot (1)One free-standing sign which identifies the group development and/or the individual tenants is permitted per street frontage, provided such assign conforms withs standards in division (A) above (2). Attached signs for individual businesses or activities within a group development are permitted to have a maximum sign area ofone square foot ofs signage for each one linear foot of building frontage per business. The number and type ofs signs permitted shall conform to the (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see $ Any sign, display or device allowed under this chapter may contain, in lieu ofany other copy, any otherwise lawful noncommercial message that does not direct attention to al business operated for profit, or to a commodity or service for sale, and that complies with size, lighting and spacing, or (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001)  maximum area permitted.  may be permanently attached to the primary building. (4) Height. No sign shall exceed 301 feet in height.  or parcel. of this section.  standards in division (B) above this section.  152.99  $152.26 NONCOMMERCIAL MESSAGES  other requirements of this chapter. SIGNMAINTENANCE: CARE OFTREES $152.40 MAINTENANCE  (A) All signs and their structures shall be maintained in good repair and safe condition and shall conform to the standards in this section. Maintenance carried out in accordance with this section shall not require a sign permit, provided the sign is not enlarged, moved or altered in any manner (B). Any sign violating these requirements shall be repaired or removed as required. (1)) No sign shall be allowed to have more than 20% ofi its total surface area covered with disfigured, cracked, ripped or peeling paint or poster paper, or any combination of these (2) No sign shall be allowed to stand with bent or broken sign facing, broken supports, loose appendages or struts which cause the sign to stand more than 15 degrees from the perpendicular (3) No sign or sign structure shall be allowed to have weeds, vines or other vegetation obscuring more than 20% oft the sign from the road or highway from which it isi intended to be viewed for (4)1 Noi illuminated sign shall be allowed to stand with partial llumination for more than 30 (5) No sign or sign structure shall be allowed ifa business no longer exists and the issued permit (6)Ifas sign is damaged such that more than 50% oft the sign' 'sc current assessed tax value is lost, as determined by the Signl Enforcement Officer, any repair or replacement shall be done in (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see $  which would create por increase a nonconforming condition.  conditions for more than 30 consecutive days. for more than 30 consecutive days. more than 30 consecutive days. consecutive days.  is not transferred within one year. conformance with this chapter.  152.99  6    S 152.41 UNLAWFUL CUTTING OF TREES OR SHRUBS.  No person may, for the purpose ofi increasing or enhancing the visibility of any sign, damage, trim or remove any trees, shrubs or other vegetation located within any public road or highway right-of-way, except where al legal permit has been obtained from the North Carolina Department (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see $  ofTransportation. 152.99  PERMITS, FEES ANDI NONCONFORMING: SIGNS  S 152.55 PERMITS REQUIRED.  All signs, except as otherwise provided in SS 152.20 through 152.25 oft this chapter shall require a sign permit prior to being constructed, moved, altered, placed or repaired. Sign permits shall be issued by the Sign) Enforcement Officer, who shall be appointed by the Macon County Planner Ifa sign permit is denied, the written decision may be appealed to the Macon County Planning (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see S (A) No permit shall bei issued until an application for each separate sign or sign structure is completed, submitted and approved by the Sign Enforcement Officer. The initial permit shall be (B) Initial fees are required to be paid for the permitting of all new sign structures. Existing sign structures are exempt from the initial permit fee. A fee schedule shall be determined by the Macon County Board of Commissioners and posted in the Macon County Planning Department. (C)Valid Sign permits may be transferred to new. sign owners, provided that the Sign Enforcement Officer is given notice oft the transfer ofc ownership within 30 days oft the actual (D)] Pursuant to G.S. 160D-403(a), applications for permits may be made by the landowner,a lessee or person holding an option or contract to purchase or lease land, or an authorized agent of the landowner. An easement holder may also apply for aj permit as is authorized by the easement. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) A permit, along with aj permit emblem, shall be used upon proper application and approval. New sign structure construction shall not commence until aj permit and emblem are issued. The sign structure must be completely constructed and erected, with the permit emblem affixed, within 180 days from the date of the permit issuance. During the 180-day period, newly permitted sign structures shall be considered to be in existence for the purpose ofs spacing signs. The permit emblem shall be placed on sign structures in such aj position as tol be visible from the nearest (Ord. passed 9-5-1995; Am. Ord. passed: 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see S The application shall be accompanied by complete information as required on forms provided by the Sign Enforcement Officer and shall include, without being limited to, a site plan and elevation drawings oft the proposed sign, indicating the proposed location oft the sign, setbacks, height, dimensions and square footage oft the proposed sign, and any other data as the Sign Enforcement Officer any determine is necessary for review oft the application. The Sign Enforcement Officer shall not issue a sign permit unless the plans, specifications: and intended use ofs such sign (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see S  Board within 30 days of receipt of the written notice oft the decision.  152.99  S 152.56 PERMIT APPLICATION AND FEES; TRANSFERS.  valid until revoked by the Sign Enforcement Officer.  transfer.  S 152.57 PERMIT AND PERMIT EMBLEM.  adjaçent road. 152.99  S 152.58 PLANS, SPECIFICATIONS AND DATA REQUIRED FORI PERMIT.  conforms in all respects to the applicable provisions of the chapter.  152.99  7    S 152.59 REGISTERING EXISTING SIGNS.  Sign structures constructed and inj place prior to the adoption oft this chapter by the Macon County Board of Commissioners which are not exempted and exceed 32 square feet shall be required to obtain aj permit. The permit shall be obtained withing a period of180 days beginning with the effective date oft this chapter. Existing signs that require aj permit that have not been registered within the180-day period shall bei in violation ofthis chapter. Fte-ewisienceorasigrpriertethe ndoptien-andenfereementeFhisehapterisquestiened,theisewweilbedetermined-by-the-Sign afenememollse-wihthseefNMawCany"araasthesgronerusing nformation-cempaeddmringesignnyentetycendaendtuelddmrng-ApHHAMayeH99 (Ord. passed 9-5-1995; Am. Ord. passed5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see $ Valid: sign permits for new signs and permitted nonconforming signs may be revoked: for any one (B) Failing to construct the sign structure and affix the permanent emblem within 180 days from (C)Altering, enlarging or relocating aj permitted sign structure, except in conformance with the (D) Allowing a sign to remain blank for a period of 12 consecutive months or reaching a state of dilapidation or disrepair as determined by the Sign Enforcement Officer. Notice of revocation of the permit shall be in accordance with G.S. 160D-403(f). (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001)  152.99  $1 152.60 PERMIT REVOCATIONS. ofthe following reasons: the permit issue date. requirements oft this chapter. (E) Any Violation of $ 152.62.  (A) Misrepresenting: material facts by the applicant on the permit.  S 152.61 NOTICE GIVEN FOR REFUSINGTO ISSUE. PERMIT.  The Sign Enforcement Officer shall refuse to issue aj permit for aj proposed sign structure that will not conform to this chapter, Notice oft the decision shall be in accordance with G.S. 160D-403(b). mishallmelfy-heowneeFNepepesagsgrsnsebyistdas-mslartowlyle (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Any sign legally in existence prior to the effective date ofthis chapter, or any applicable amendment thereto, which does not satisfy the requirements ofthis chapter, as amended, is (A) All nonconforming signs in existence prior to the effective date of this chapter shall either be made to conform to all provisions ofthis chapter or shall be removed within seven years after the enactment oft this chapter, Alli nonconforming signs made nonconforming by an amendment to this chapter shall either be made to conform to all provisions oft this chapter or shall be removed within seven years after the date of such amendment. Provided, however, that the removal of any non-conforming off-premises outdoor advertising sign shalll be ina accordance with G.S. Chapter 160D.912.GS.Chapter. 136-131.2 and G.S. Chapter 136-131.2. "VPRPNRCPRE"ENKeN ignsmade-moneenfemmingtyamamendmemdmentelhisehaperr,whsharesageettetheprevisions 0F6:S-S8-136-26efs-fhewaor-wramgComrel-eamtforwhahvment ofPPansperiatiemperishavekseisue,pwsamteGS-136-B3myberemevedonly-f compemsaiw-erthe-sampaeNwama654B61HPoviaed, further that the provisions oft this division shall not be appliçable to an off-premise advertising sign which is in violation of only the 1,000 linear foot spacingi requirement ofs 152.24(C)ofthis (B). All portable and temporary signs which are made nonconforming as a result oft the passage of this chapter, or from the passage ofa an amendment to this chapter, shall be removed within 180  pgdtePy, $152.62 NONCONFORMING SIGNS  declared nonconforming.  chapter.  days oft the effective date ofthis chapter.  8    (C)AII legal, nonconforming signs are permitted to continue, provided sign shall conform to the (1)Changed, altered or replaced by another nonconforming sign, except that copy may be (2) Expanded or modified in any way which increase the sign's nonconformity; (3)relocated, except in conformance with the requirements ofthis chapter; (4). Re-established after it has been removed or has been abandoned for 365 days or more; (5) Re-established after damage or destruction ifs such damage to the sign exceeds 50% ofthe sign' s current assessed tax value. The extent of damage shall be determined by the Sign (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) $ 152.63 RECONSTRUCTION OF DAMAGED SIGNS OR SIGNS STRUCTURES. (A). Any conforming sign or sign structure which has been damaged may be repaired and used as before, provided all repairs are initiated within 30 working days and completed within 60 working days ofs such damage. However, ift the sign should be declared unsafe by the Sign Enforcement Officer, the owner oft the sign, or the owner ofr record oft the real property whereon the sign is located, shall immediately correct all unsafe conditions to the sign Enforcement (B). As a courtesy to the sign owner, ift the Sign Enforcement Officer discovers that a sign is damaged or is in an unsafe condition, the Sign Enforcement Officer will promptly notify either the sign owner or the owner ofrecord oft the real property whereon the sign is located. The affirmative duty liability shall, however, remain with the owner oft the sign to keep each sigh ina a safe and undamaged condition in accordance with the terms oft this chapter. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see $ (A)The Macon County Planning Department shall bei responsible for the administration and enforcement of this chapter. The Macon County Planner shall appoint a Sign Enforcement Officer (1)To issue a violation notice. A written.violation notice shall be delivered in accordance with G.S. 60D-404.bycertieRiRRmapreum-reveperegwesetzorbysmeholermehed-asalbwed WAemwerheowmereflefhaspresstkaeed-ivedie heewmerefreeerdentoflmersa-pepetyWAerentnesgnisleeated-The time period provided herein shall commence upon receipt ofs such violation notice. The violation notice shall identify the sign and shall describe the nature of the violation, refer to each section oft the chapter violated, specify in detail what action must be taken to correct the violation and specify a reasonable time limit of up to 30 working day within which the citation must be corrected. (2) To issue a compliance order for any sign or sign structure not corrected within the time allotted under the violation notice, or for a prohibited: sign as established. by this chapter, A compliance order shall be delivered to the sign owner or to the owner ofrecord oft the real property whereon the sign is located in the: same manner as set out for a violation notice and shall not be effective until received. The compliance order recipient shall be allowed 30 calendar days to remove the subject sign at this orl her expense:provided. however, that the removal of any non- conforming off-premises outdoor advertising sign shall be in accordance with G.S. Chapter 160D-912,G.S. Chapter 136-131.2 and G.S. Chapter 136-131.2. The compliance order shall (3) To issue an unsafe sign notice. Should any sign or sign structure become imminently unstable ori in danger of falling or otherwise unsafe, an unsafe sign notice shall be delivered to the sign  provisions in (A)above and shall not be: changed on an existing sign;  Enforcement Officer.  Officer's satisfaction.  152.99  ADMINISTRATRATIONAND ENFORCEMENT S 152.75 RESPONSIBILITY AND AUTHORITY  to administer and enforce this chapter.  (B) The Sign Enforcement Officer: shall have the following authority: by-lawptotheewmeroflie-sgpinvilaieneFtheehapler:  identify the sign and refer to the section oft the chapter violated.  9    owner or to the owner ofrecord oft the real property whereon the signi is located in thes same manner as set out for a violation notice, except that the recipient oft the notice shall immediately, in the case of imminent danger, secure or remove the sign in a manner to be approved by the Sign Enforcement Officeri in conformance with the provision of this chapter. Ift the condition prompting the notice is not corrected within 24 hours after receipt of the notice the Sign Enforcement Officer shall have the authority to remove the sign at the recipient's expense. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) Penalty, see S Denial ofa permit, vViolation notices, revocations and compliance orders issued by the Sign Enforcement Officer may be appealed to the Macon County Planning BordeariefA4pusiment within 30 werking-days ofr receipt ofr notice in accordance with G.S. Chapter 160D-405 and 406. Pending appeal, the time limits set out in the notice or order shall be suspended in accordance with Chapter 160D-405(f). FHne-BeardofA4pustmentimdstattie-oflesign EmforsementOfieerha:bemakemforgendeamseamdinaseranse-witshal edeelareamdmetmetmepertorcemplamseshlurfonem-eisuanseOHNe-Beard'slinding: Fthe-beardef-Adstmentsusiainslainstheappea-oFinef,me-furtheractien-wil-be-taken-by (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) When unnecessary hardships would result from carrying out the strict letter ofa a ordinance, the Planning Board shall varya anyo ofthe provisions oft the ordinance upon a showing of allofthe olowing-WAeesisaiaslpwibwsEaNA ardship,the-Maeen-Couny-BoardoAdpusiment-may-Auhonze4yarianc,ifsueh-yarineeean be-made-in-aeeerdanee-W#elelelewimgprovsiens-Amd-yaraneeNaSAHROERed-s-requiredte eentered-R-WFlingintmeminutesoFtne-meetingFtne-Bear-ototAgpusimentandtand-the-reasening AyThe-Macen-Ceuny-BeardolAdpusimentshal-nave-hepowerte-nearamd-aeeupon-appleant ()Unnecessary hardship would result from the strict application of the ordinance. Its shall not be necessary to demonstrate that, in the absence oft the variance, no reasonable use can be made of the property. FlheappheanteempliesatsalywilHlepowsemsofhisahwptertheapieant (2)1 The hardship results from conditions that are peculiar to the property, such as location, size,or topography. Hardships resulting from personal circumstances. as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. hwhahlwplsmsp-.yssHlea, heapplsantmalherihanngPey-eeerlegemnem-pabliezand (3)The hardship did not result from actions taken by the applicant or the property owner. The act ofpurchasing property with knowledge that circumstances exist that mayjustifyt the granting ofa variance shall not be regarded as a self-created hardship. Ftmehasmprelatestotmeappheanes (4)The requested variance is consistent with the spirit, purpose, and intent oft the ordinance, such that public safety is secured, and substantial justice is chieved.Flhehandahpismotleresuiket SFthe-varianee-sin-harmenywihmegeneratpurpeseanehntentoFtasehaplerapterand-preserves sPiitand-Fhe-varianeseeuresepublesaleyamnwelareanddeessabsteantialjustiee. (B)The Planning Board shall followquasi-ludicial poedursasetforhinGs-160D-406.m rantings-eranse,tie-kewninneaut sted-requirements-havepeem-met-Favaranee--ESHalvelmeeas-pessible-deviat:on frem-the-requiremenisoflisehapestr-ingrantinganyverane,h-Benrd-may-preseribe  152.99 S 152.76 APPEALS  eSgriafanemamolswn  S 152.77 VARIANCES.  WAcHtesepertureeBSHsEReHeN einsewserpaas  ear-makeme-reasenasemable-seeFthesggr-allowed;and  amsfaahalemainefle-sisumsaesmd  he-appheants-eWP-aetonsand  10    appropriatecomdtionsamdsaleguarlincenfommitywikheahaper-Violationseftheprevisions fthevarianeegrantedpmaladimganyeomditiomorsaleguantwhchareapurteFtlhegrentofthe (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-2001) After due notice and order as provided above for any violation oft thet terms of this chapter, the Sign Enforcement Officer may issue a citation imposing a penalty ofnot more than $100 on the owner of the signi in question or on the owner ofrecord oft the real property whereon the signi is located where the owner oft the sign cannot be located and notified ofs said citation, In addition to the above described penalty, Macon County may enforce this chapter by anyone or more ofthe remedies authorized by G5-1G0D-40#0ISA- 2,WAPteeNsePienef-SSA-12. (Ord. passed 9-5-1995; Am. Ord. passed 5-10-1999; Am. Ord. passed 12-3-200D)acidentaly  varianee,shal-bedeemedaveatienelthschapter:  S 152.99 PENALTY.  11    CHAPTER 111: SEXUALLY ORIENTED BUSINESSES  $111.01 TITLE: ANDI PURPOSE  (A) This Chapter shall beknown as the "Macon County Ordinance Regulating Sexually Oriented Businesses" andi its shall be cited: as Title XI: Chapter 111 of the. Macon County (B) The Macon County Board of Commissioners is committed to protecting the general welfare of the county through the enforcement of laws prohibiting obscenity, indecency and sexual oriented. businesses while preserving constitutionally protected. forms of expression. Thel Boardo of Commissioners finds that sexually oriented businesses inc certain locations contribute tor neighborhood deterioration: and blight through ani increase inc crime and diminution of property values, among other adverse consequences, and findst that such effects are: contrary to the general welfare of the citizens of the county. The Board of Commissioners recognizes that important and: substantial governmental inters providea constitutional basis for reasonable regulation oft the time, place and manner under which sexually oriented businesses operate; and that, therefore, thel Board of Commissioners has determined that persons seeking to operate sexually oriented businesses shall be required toobserve' specific location requirements before they commence business, as providedi in this Chapter. The Board of Commissioners finds that the licensing of sexually oriented. businesses is necessary to ensure compliance with the local requirements of such (C) The provisions of this Chapter shall not be construed as permitting any use, activity or structure that is otherwise prohibited, illegal, or made punishable by law, nor: shalli it be  Code.  businesses.  construed toj prohibit conduct or expression. (Ordinance adopted 7/11/2005) $111.02 AUTHORITY AND JURISDICTION  (A)Authority. This chapter is established by the Macon County Board of Commissioners pursuant tot the authority conferred inc G.S.S1 153A-121 (general ordinance-making: power), 153A-122 (territorial jurisdiction), 153A-123 (entorcement), and-153A-134 (regulation of (B)J urisdiction. The provisions of this Chapter shall apply to all unincorporated areas of Macon County lying outside oft the corporate limits of any municipality. Thep provisions of this Chapter shall apply within the extraterrestrial jurisdiction of any municipality. in accordance withG.S. 160D-202(b). te-thee extentt that thes previsions ofthis Chapter impese higher standards than any municipal ordinance- applieable- in the- extraterrestrial  businesses): and 160D-902.  jurisdietion, etherwise, the pdeaalea    (Ordinance adopted? 7/11/2005) $111.03 DEFINITIONS  Adult Arcade (also known as" "peep show") means any plaçe to which the public is permitted or invited whcrein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to persons in booths or viewing rooms where the images depict or Adult Bookstore or Adult Video Store means a commercial establishment which as one ofi its principal business purposes offers, for sale or rental or any form of consideration any one oft the (1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videos orv videor reproductions, slides or other visualt representations that depict or describe "specified sexual activities" or' "specificd: anatomical areas"; or (2) Instruments, devices, or paraphernalia that are designed for use in connection with Adult Cabaret means a nightclub, bar, restaurant, or other commercial establishment that regularly features, exhibits, or displays as one ofi its principal busincss purposes: (1) A person or persons who appear nude or semi-nude; or (2) Livep perlormances whicha are characterizedby the exposure of"specificd: anatomicalarcas" or "specified sexual activitics";or (3) Films, motionp pictures, videos, slides or other photographic reproductions which depict or describe "specified sexual activities"or" "specified anatomical areas". Adult Motel means al hotel, motel or similar commercial establishment that: (1) Offers accommodations tot the public for any form of consideration, and provides patrons with closed-circuit television transmissions, films, motion pictures, videos, slides or other photographic reproductions that depict or describe "specified sexual activities" or "specified anatomical areas" as one ofi its principal business purposes; or (2) Offers a sleeping room for rent for a period oft time that is less thant ten hours; or (3) Allows at tenant or occupant ofas sleeping room tos sub-let the room fora a period ofl lesst than Adult Motion Picture Theater means a commercial establishment, which, for any forn of consideration, and as onec ofitsprincipal business purposes, regularly shows films, motion pictures, videos, slides, or similar photographic reproductions that depict or describe "specified sexual Adult Theater means a theater, concert hall, auditorium or similar commercial establishment which regularly features, cxhibits or displays, as one ofi its principal business purposes, persons  describe specified sexual activities" or "specified anatomical areas";  following:  "specified sexual activities".  ten hours.  activities" or"specified: anatomical areas".  2    who appear in a state of nudity, or semi-nude or live performance that depicts "specified Applicant means thep person whov willoperate the sexually oriented business ands shalli include each  anatomical areas" or' "specified sexual activities". oft the following persons associated with that business: (I) The owner ofas sole proprietorship; (2) Eachi member ofa firm, association or general partnership; (3) Each general partner in a limited parinership; (5) Ther manager of ane establishment operated by a corporation;  (4) Eacho officer, director, and owner ofr moret than ten (10) percent stock ofa corporation; (6) Any manager whol has been empowered as attorney-in-fact for a nonresident individual or Employ, employee, and employment describe and pertain to any person who performs any service ont the premises ofas scxually oriented business on al full-time, part-time, or contract basis, whether or not the person is designated as an employee, independent contractor, agent or othcrwise. Employee does not include a person exclusively on the premises for repair or maintenance of thej premises or for the delivery of goods tot thej premises. Escort means a person who, for tips or any other form of consideration, agrees or offers tos act as a date for another person, or who agrees to privately model lingerie or to privately perform a Escort Agency mneans aj person or business that furnishes, offers toi furnish, ora advertises tof furnish escorts as one ofi its principal business purposes, for al fee, tip or other consideration. (1) The opening or commencement ofa any sexually oriented business as a new business; (2) The conversion of any cxisting business, whether or not a sexually oriented business, to (3) The addition of any sexually oriented business to any other existing sexually oriented Licensee means the person or person in whose name or names a license to operate a sexually Nude Model Studio means any place where aj person appears semi-nude, in a state of nudity, or displays specified anatomical areas: and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for any form of consideration. (1) Ap proprietary school ors studio that has nos sign visible from the exterior ofthe structure and no other advertising that includes a nude or semi-nude person is available for viewing,  partnership.  striptease for another person.  Establishment mçans and includes any of the following: any sexually oriented business;or business; or (4) The relocation of any sexually oriented business.  oriented business has beeni issued.  "Nude Model Studio" shalll NOT mclude:  3    wherei in ordert top participate ina a class as student must enroll atl least three days in advance of the class, and where no more than one nudc ors semi-nude personi is ont the premises at (2) Acommunity college, college or university, whether public orp private, whichi is accredited, maintains and operates educational programs, and offers degrees. Nudity or a State ofl Nudity means a person appearing in a state of dress which failst to opaquely Operates or causes to be operated means to cause to function or top put or keepi in operation. A person) may be! foundt tob be operating or causingt tol bec operatedas sexually oriented business whether Ordinance Administrator means any employee or official ofl Macon County who is designated Person means an individual, proprietorship, partnership, corporation, association, or other legal Semi-nude: means as state ofc dressi iny whicho opaque clothing covers no more than the genitals, pubic region, and areolac oft the femalel breast, as well as portions ofthel body covered by supportmgs straps Sexual Encounter Center mcans al business or commercial enterprise that, as one ofits principal business purposes, offers for any form of consideration, physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between men and women and/or person oft thes same: sex when one or more oft the persons isi ina as state ofnudity or semi-nudity. Sexually Oriented Business means an adult arcade, adult bookstore, or adult video store, adult cabaret, adult motel, adult motion picture theater, adultt theater, escort agency, nude. model studio, sexual encounter center, or any combination oft the foregoing. Specified. Anatomical. Areas incans human, genitals in a state ofs sexual arousal. Specified Sexual Activities means andi includes any of the following:  anyt time; or  cover his orl her anus or genitals.  or not that personi is and owner, part owner orl licensee oft the business. to administer this Chapter by thel Board ofCommissioners.  entity. or devices.  (I) The fondling or other erotic touching ofH human genitals, pubic regions, buttocks, anus, or (2) Sex acts, normal or perverted, actual or simulated, including intercourse, fellatio, (4) Excretory functions as part of or in connection with any of the activities set forth in  female! breasts; or cunnilingus, or sodomy; or (3) Masturbation, actual ors simulated; or subsections (1)1 through (3) above.  4    Transfer of Ownership or Control ofa Sexually Oriented Business means andi includes any of (2) Persons other than those names as applicants for al license becoming associated with the business, as provided in the definition of"applicant"; except that a mere substitution ofa person as manager of an establishment shall only require filing with the Ordinance (3) The establishment of a trust, gift, or other similar legal device which transfers the  the following:  (1) The sale, lease or sublease oft the business; Administrator as provided for ins $111.20; ownership or control possessing the ownership or control. (Ordinance adopted 7/11/2005) $110.10 CLASSIFICATION Sexually oriented business are classified as follows: (I) Adulta arcades (2) Adult bookstores or adult video stores (3) Adulto cabarets (4) Adult motels (5) Adult motion picture theaters (6) Adult theaters (7) Escorl agencies (8) Nude model studios (9) Sexual encounter centers. (Ordinance adopted 7/11/2005) SII1.11 LICENSE REQUIRED  (A)ltist unlawfulf for any persont tooperate as sexually oriented! business withouta av valid: sexually oriented busmess privilege license issued by the Ordinance Admninistrator pursuant tot this (B) An application for a license must be made on a form prescribed by the Ordinance Administrator. Ana application must bes accompanied by a sketch or a diagram showing the configuration of the premises, including a statement of total floor space occupied by the business. The: sketch or diagram need not be professionally prepared but must be drawn to adesignated scale or drawn withi marked dimensions oft thei interior oft the premises. (C)1 The Ordinance. Administrator may request and the applicant shall provides such information asi ist necessary for the Ordinance Administrator to determine whether the applicant meets  Chapter.  the qualifications established in this Chapter.  5    (D)An applicant must be qualified under $111.12 and an applicant shall be considered ifa (E) Pursuant to G.S. 160D-403(a), applications for al license may ber madeb by the landowner, alessee orperson! holding and option or contract to purchase orl lease land, or an authorized: agent ofthe landowner. An easement! holder may also apply forali license asi isa authorized! by the easement.  licenseei ifal licensei is granted.  (D)F)  (Ordinance adopied7/1/2005)  $111.12 PROCEDURE FOR: ISSUANCE OF LICENSE  (A)Within 45 days after receipt ofac completed application, the Ordinance Administrator will approve or deny the issuance of al license to an applicant for a sexually oriented business license. The Ordinance. Administrator: shall approvet thei issuanceofalicenset toa an: applicant  only upon finding each of the following: (I) The: applicant ist not under 18 years of age. (2) The license fee required by this section has been paid.  (3) The applicant or applicant" 's spouse ist not delinquent inj payment tot the county of any taxes, fees, fines or penalties assessed against or imposed upon the applicant or the applicant'ss spouse int relation to: any other licenseds sexually oriented business. (4) The applicant has provided all information required in order to determine the qualifications oft the: applicant under this article for issuance of the license and! has not provided any false information: with respect tot the application. (5) The: applicant ofthe proposed establishment is noti in violation of any provisions oft this Chapter ora any regulations, codes, and: statutes of Macon County or the State orl Federal (6) The: applicant ora applicant's sspouse has not! been convictedo ofaviolation ofthis Chapter within twoy years immediately preceding the application.' The fact thats suchac conviction is under appeal to any higher court at the time the application is made shall have no (7)T The applicant has used a valid name and. produced a valid: state driver's license or (8) In response to a request made. to the Sheriff of Macon County by the Ordinance Administrator, the Sheriff has performed a criminal record check and has determined  governments.  effect.  identification cardt to confirm thei identity of the applicant.  6    that neither the applicant nor the applicant's spouse has been convicted of a crime involving: any offense described in Articles 7A, 26, 26A,37 or 39of Chapter 14oft the General, Statutes ofNorth Carolina; or any offenses similar to these under the criminal orp penal codes ofl North Carolina, other states, any towns, cities, or other countries; or facilitation, attempt, conspiracy, or solicitation to commit any of the: foregoing (a) Less than two years have elapsed sincet the date of conviction ort the date ofr release from confinement imposed for the conviction, whichever is the later date, if the (b) Less than fives years have elapsed since the date of conviction or. the date ofr release from confinement for the conviction, whichever ist the later date, ift the conviction (c) Less than fives years have elapsed since the date oft the last conviction ort the date of release from confinement for the conviction, whichever is the later date, if the convictions are of two or more misdemeanor offenses or any combination of (B)For purposes ofcalculating the time elapsed since a criminal conviction in thiss section, the fact that a conviction: is undera appeal toal higher court shalll have no effect. (BXC) Notice of the approval or denial oft the permit shall be in accordance with G.S. (D)The license, if granted, shall state on its face the legal name of the person or persons to whom it is granted, the classification of the sexually oriented business for which it is granted, the expiration date, and the address of the: sexually oriented business. Licenses shalll be postedi ina a conspicuous place ato or near the entrancet toas sexually orientedbusiness (C(E) Vested rights and permit choice shall be governed by G.S. 160D-108.  offenses; for which:  conviction isar misdemeanor offense; isaf felony offense; or  misdemeanor offenses withina2 24-month period.  160D-403(b).  sot that itr may be easily read: at any time.  $111.20- FEES  (A)Every applicant for a license 10 operate a sexually oriented business shall pay a nonrefundable: application. feeof$1,500, whichr must bes submitted with the: application. (B)E Every sexually oriented! business shall pay ar nonrefundable: annual privilegel license fee of$1,000 upon license renewal. Nol license shall be renewed except upon payment of  this annual privilege license fee.  7    (C)1 The: substitutionc ofa manager ofthel business which occurs during thel licensey years shall be filed with the Ordinance Administrator within 30 days ofi its occurrence, anda fee of$100 shall be paid fort thel Planning Director toc determine that the substituted: manger (D)AII license applications and fees shall bes submitted to the Ordinance. Administrator for  is qualified under this Chapter. psipephesemen-indefMaenCowny, (Ordinance. adopted.? 7/11/2005) $111.21 LOCATION REQUIREMENTS  Formatted: Noth Highlight  Inc order tor prevent the concentration of multiple sexually oriented businesses, top promote the safety and welfare of children, and toj prevent the degradation of property values in residential communities, nos sexually orientedb business shalll bel located within one thousand (1,000) feet, as determinedbya astraight line betweent ther nearest point between thel building occupied byt the sexually oriented business and the closest point ofa any building, structure or other improvement located on the other property, of any building structure, or improvement used by ori intended for the use ofa any oft the following:  (1) Any other sexually oriented business; (2) Any church or place of worship; (4) Any day-care or pre-school facility;  (3) Any public or private school or school facility used by students (5) Any public org government-owned, park ori recreation facility; or  (6) Any residence. (Ordinance adopled7/1/2005) $111.22 HOURS OF OPERATION  No sexually oriented business, except for an: adult motel, may remain open at any time between the hours of one o'clock a.m. and one o'clock p.m. on Sundays, except to the extent allowed by state law: and regulations controlling the sale ofa alçoholic beverages by the business ifthes sexually oriented business has a state ABC permit.  (Ordinance adopted 7A11/2005) $111.23 INSPECTIONS  8    Any applicant andl licensee shall permit officials of any law enforcement agency and any county, state or federal agency or department who enforces codes, regulations or statutes relating tol human health or safety, or structural or fire safety toi inspect the premises ofa sexually orientedb business for thep purpose of ensuring compliance witht the law at any time iti is occupied or open for business, upon presentation of proper credentials; provided, however thatt the appropriate consent has beeng given for inspection of areas not opentot the public or that an appropriate inspection warrant has been secured in accordance with G.S. 160D-403(e).- that, this sections shall not apply-to areas ofane adult metel-whioh are-rented by-a-t tenant for use as1 permanent oF temporary habitation- at the time sueh inspection-is  eendueted: (Ordinance. adopted 7/11/05) $111.30 EXPIRATION OF A LICENSE  All licenses shall expire one: year from the date ofi issuance and may be renewed only by making application as providedi in this Chapter. An: application for renewal shall ber made atl least 45 days beforet the expiration date to avoid expiration of license.  (Ordinance adopted 7/11/2005) $111.31 SUSPENSION OF AJ LICENSE  The Ordinance Administrator shall suspend a sexually oriented business licenses for a periodi not to exceed thirty days ifany official conducts an inspection and determines that (1) Violated or is not in compliance with this Chapter or with any other requirements of this Code, or any other state or federal laws, regulations, codes, or statutes, including thoser relating tob buildings, electricity, plumbing, fires safety andi mechanical equipment; (2) Refused to: allow. anj inspection of the: sexually oriented business premises as required (3) Permitted gambling by any person ont thes sexually oriented business premises; (4) Failed to operate or manage as sexually oriented business ina aj peaceful and law-abiding manner which! has resulted int thei investigation of complaints, disturbances, or criminal activity by law enforcement officials on more than three occasions in: any consecutive twelve month period, whether or not such investigations resulted in the arrest or Notice oft the suspension ofap permit shall bei in accordance with G.S. 160D-403(f).  alicenseel has:  or by this Chapter;  criminal prosecution of any persons.  9    (Ordinance adopled7/12005) $111.32 REVOCATION OF Al LICENSE  (A)The Ordinance Administrator shall revoke a sexually oriented business license ifa cause for suspension in $111.31 occurs and the license has been suspended for any other reason withint the preceding twelver months. (B) The Ordinance Administrator shall revoke a sexually oriented business license upona determination that the licensee has done any oft the following: (1) Provided false or misleading information int the application foral license; (2) Allowed the possession, use or sale of controlled: substances ont the premises; (4) Operated or worked int the: sexually oriented business during aj period oft timey when (5) Been convicted of and offense named in $111.12 oft this Chapter for which the time (6) Continued to employ any person in the sexually oriented business who has been convicted of any crime described in $111.12 oft this Chapter and such crime was committed on the premises of the sexually oriented business or while the person. (7) Allowed any specified sexual activities to occur on the premises of the sexually (8) Become delinquent inj payment to the county of any taxes, fees, fines, or penalties assessed against or imposed upon the licensee or the licensee'ss spouse in relation (C)IF the cause ofar revocation is based on the criminal conviction oft the licensee or any other person, the. fact that such convictioni is being appealed to al higher court shall be (D)Notice oft the revocation ofal permit shall bei in accordance with G.S. 160D-403(0. DYE)All revocations shall be for a period of one year or until the condition causing the revocation! has been correctedc or abated, whichever: shall bet the last toc occur. Al licensee:  (3) Allowed prostitution on the premises; its license was suspended; period required has not lapsed;  was employed! by the: sexually oriented business;  oriented business; or  toal licensed sexually oriented business.  ofno effect.  10    whose license has been revoked shall not obtain a license for any other sexually oriented business or manage or operate any others sexually oriented business during the  period ofs sucht revocation. (Ordinance adopted 7/11/2005) $111.40 NOTICES ANDI REPORTS  (A)AIl notices, findings of fact, determinations, orders, denial of applications, suspensions and revocations shall be in writing and in accordance with G.S. 160D-403(b).- mailed-to the- applicant OF licensee- by-certified- mail-t to the address filed- with the Ordinance (A)A licensee shall report to the Ordinance Administrator every instance in which law: enforcement officers conduct any investigation or respond to any complaints or disturbances ont the premises of the sexually oriented. business; every conviction of an employee of the sexually oriented business of any crime specified in $111.12 oft this Chapter; every instance in which any government official conducting ani inspection is conducted; every transfer of ownership or control of the sexually oriented business; and every change in the management of the business. This report shall be in writing, shall be made within fifteen days of the event being reported, ands shall be mailed by.  Administrater:  certified mail. $111.50 APPEALS  An applicant whose application is denied, suspended or révoked by the Ordinance Administrator may appeal such action in writing within thirty days ofr receiptofnotice to 160D-405 and 406wheshallheart sistawandwwwwarpshaudi. aferreceipte ofthe appeal.Thea applieanter! licensees shall-have-t eghteprsamewlene before the Board ef Commissioners. The Beard's-deeision- shall be based selely on the criteriae established in this Chapter fore aotionl by the OntinanceAdministimer. A-suspension errevecation shall-be stayed-while the appeal-tet --c----  the Macon County Planning Board) PCsEEAASOAN. Formatted: Noth Highlight:  (Ordinance adopted 7A11/2005)  $111.60 PENALTIES, REMEDIES ANDI ENFORCEMENT  (A)A violation of any oft the provisions oft this Chapter shall be a misdemeanor. subject to the penalties and enforcement provisions ofN.C.G.S. SI6OD-0401SSA-133. (B)E Each day's continuing violation ofa any oft thep provisions oft this Chapter shall constitute (C)7 The provisions of this Chapter may be enforced by any one or more oft the remedies  as separate and distinct offense, authorized by N.C.G.S. SI6OD-404C:53A-123. (Ordinance adpled7/1/2005)  11    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR ANAMENDEDAND RESTATED "SUBDIVISION ORDINANCE OF THE COUNTY OF WHEREAS, the Macon County Board of Commissioners originally adopted the Subdivision Ordinance ofthe County of Macon, North Carolina on. June 2, 2008, effective September 1, 2008; 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 restate such WHEREAS, the Board of Commissioners has the authority to make such amendments to the Ordinance pursuant to Chapter 160D, Article 8 of the North Carolina General Statutes and G.S. 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 Subdivision Ordinance of the County of Macon, North Carolina, originally adopted on June 2, 2008, effective September 1, 2008 and which has been amended and/or restated from time to time is 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 ifmore fully set forth  MACON, NORTH CAROLINA"  and  changes to the same; and  Ordinance in its entirety as set forth hereinafter; and  160D-601; and  been duly held in accordance with law.  herein.  This the 12th day ofOctober, 2021.  Chairman, Macon County Board of Commissioner  ATTEST:  Clerk to the Macon County Board of Commissioners    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR AN_AMENDED. AND. RESTATED "SIGN CONTROL ORDINANCE OF THE COUNTY WHEREAS, the Macon County Board of Commissioners originally adopted the Sign Control 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 restate such WHEREAS, the Board of Commissioners has the authority to make such amendments to the 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 of Commissioners that: The Sign Control Ordinance of the County of Macon, North Carolina, originally adopted on September 5, 1995 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 if more fully set forth  OF MACON, NORTH CAROLINA"  Ordinance oft the County of Macon, North Carolina on September 5, 1995; and  changes to the same; and  Ordinance ini its entirety as set forth hereinafter; and Ordinance pursuant to G.S. 160D-601; and  been duly held in accordance with law.  amended and restated SO that the same will hereafter read as follows:  herein.  This the 12th day ofOctober, 2021.  Chairman, Macon County Board of Commissioner  ATTEST:  Clerk to the Macon County Board of Commissioners    AN ORDINANCE OF THE MACON COUNTY BOARD OF COMMISSIONERS FOR ANAMENDEDAND RESTATED "SEXUALLY ORIENTED BUSINESSES ORDINANCE WHEREAS, the Macon County Board of Commissioners originally adopted the Sexually Oriented Businesses Ordinance oft the County of Macon, North Carolina on July 11, 2005; and 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 restate such WHEREAS, the Board of Commissioners has the authority to make such amendments to the 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 suchamendments has NOW,THEREFORE, BE IT ORDAINED by the Macon County Board of Commissioners that: The Sexually Oriented Businesses Ordinance of the County of Macon, North Carolina, originally adopted on. July 11,2005 is hereby amended and: restated SO that the same will hereafter See Exhibit A attached hereto which is incorporated herein by reference as ifmore fully set forth  OF THE COUNTY OF MACON, NORTHCAROLINA"  Ordinance in its entirety as set forth hereinafter; and Ordinance pursuant to G.S. 160D-601; and  been duly held in accordance with law.  read as follows: herein.  This the 12th day ofOctober, 2021.  Chairman, Macon County Board of Commissioner  ATTEST:  Clerk to the Macon County Board of Commissioners    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - REPORIS/PRESENTATIONS  MEETING DATE: OCTOBER 12, 2021  9A.  Jack Horton, the Vice-Chair of the Macon County Airport  Authority, will present the authority's annual report to the board and will also present a request for matching funds in the amount of $110,500 for grants that would fund construction of a new fuel farm at the Macon County Airport. A copy of a letter from Airport Authority Chairman Gary Schmitt will be included in the packet, as well as an "Amended Notification of Award" letter from the North Carolina Department of Transportation, Division of Aviation. As with other airport improvement projects, funds from the Division ofAviation would pay 90 percent ofthe project costs.    October! 5, 2021  Chairman Jim Tate Macon County Commissioners 5West Main Street Franklin, NC 28734  RE: Macon County Airport Authority (MCAA) Request for Grant Match Award ID#: 36244.2.12.1  Dear Chairman Tate:  The Macon County Airport Authority has been notified that additional State funds have beenapproved for the Macon County Airport. These funds are for Project Request No. 29441 for State Fiscal Year (SFY) 2021 and were approved at the September 2, 2021 Board of Transportation! Meeting. The specific work elements under the Award ID of 36244.2.12.11 is an amendment under the New Fuel Farm description of $94,500.001 fora a possible design amendment and $900,000.00 for the actual construction oft the new fuel farm att the Macon County Airport. As in years past, the Division of Aviation will provide 90% of the funds, but the grants will require a local match of 10%. The local match must be secured before the Division of Aviation will continue with the award process. The Macon County Commissioners have approved matches ini the past, and the MCAA is requesting that the County Commissioners provide the 10% match for these grants as well. The matchamounts for both of the Thank you for your consideration of this matter. The Amended Notification of Award is attached.  components of this particular award is $110,500.00.  Respectfully,  Gary  MCAAChairman      STATEOF] NORTH CAROLINA  DEPARTMENT OF TRANSPORTATION  RoY COOPER GOVERNOR 9/10/2021  .ERICBOYETTE SECRETARY  Mr. Gary Schmitt, Chairman Macon County Airport Authority 5W. Main Street Franklin, NC2 28734  RE: AMENDED: NOTIFICATION OF AWARD  (This letter overrides previous award letler dated03/172020  Dear Chairman Schmitt:  On behalf of Governor Roy Cooper, Transportation Secretary. J. Eric Boyette, and the NC Board of Transportation, this Notification of Award serves as official verification that additional State funds have been programmed for Macon County Airport, Project Request No. 2944 for State Fiscal Year (SFY)2021 and were approved at the September 2, 2021 Board ofTransportation Meeting. Any disbursement of funds described or contemplated herein iss subject to appropriation by the General Assembly and appropriate approval or authorization from the Department and/or Board of  Transportation. Award ID 36244.2.12.1  The specific work elements are noted below:  Description  State Funds  Local Funds  New Fuel Farm (Amendment) $94,500/(BOT3-5-20 $10,500  $900,000 (BOT 9-2-21) $100,000  Upon receipt of this award letter, the NCDOT Division of Aviation requires that you submit al Request for Aid within 120 days ofr receipt. Failure to meet this deadline will result in an elevated score on the annual risk assessment: for non-compliance unless an extension is authorized in writing by thel NCDOT Division of Aviation. Please visit the NCDOT Connect website below for links to detailed grant and  development: resources.  ntps/conneçtnedoisoymuncnaliteysiaNe-AIPOTEAUPAld/Pagesdelaulaspk  Thel NCDOT Division of Aviation requires effective project management: for all projects to ensure that funds needed to complete this project are expended within twoy years fromt the date ofthis letter. Failure tor meet this deadline will result in an elevated score on the annual risk assessment for non-compliance unless an extension is authorized in writing by the NCDOT Division of Aviation. Should the Airport encounter reasonable delays, the Division ofA Aviation has the ability to reprogram existing-year: funds  toal later year and divert the monies to another airport to expend those funds.  Mailing Address: NCI DEPARTMENT OF1 TRANSPORTATION DIVISIONOF AVIATION 1560MAIL SERVICECENTER RALEIGH, NC: 27699-1560  Telephone: 919-814-0550 Fax: 919-840-9267 Website: wwwndetgovlaviation  Location: RDUAIRPORT IOSOMERIDANDRIVE MORRISVILLE, NC 27560    After the project is completed and the final reimbursement request has been processed, thel NCDOT Division of Aviation has the authority to rescind any remaining unused funds (with the exception of NPE: and Discretionary funds) for use toward other projects. Any disbursement off funds described or contemplated. hereini is subject to appropriation by the General Assembly and appropriate  authorization from thel Department and/or Board ofTransportation. system and we are excited to partner with you on this grant.  Thel NCDOT Division of Aviation appreciates your commitment and contribution to our state aviation  Sincerely, -Docusignedby bokly L alstow OCBESEBBDHE4NO Bobby L. Walston, P.E. Director of Aviation BLW/jc  cc: Governor Roy Cooper J. Ericl Boyette, Secretary NCDOT Richard Burr, United States Senate Thom Tillis, United States Senate Madison Cawthorn, United States Congress Dirk Cody, BOT Representative Neil Hoppe, Airport Manager Lori Carpenter, Finance Director Wanda Austin, P.E., Division Engineer  Julie A. White, Deputy Secretary for Multi-Modal Transportation    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - OLD BUSINESS  MEETING DATE: October 12, 2021  10(A).  The County Manager will have a presentation for the board  centered around a proposed new pay scale, a copy of which is included in the packet, and will outline the overall financial impact of that adjusted pay 10(B). The County Manager will also present a proposed policy that will outline how the county will utilize money from the American Rescue Plan Act Coronavirus Local Fiscal Recovery Funds (ARP/CLFRF). A draft of the policy was still under construction at the time of this writing, and if  scale on county employee salaries.  complete, will be forwarded to you prior to the meeting.    Proposed Pay Scale  Maintains 5% between grades and a 50% range within the grade  Proposed Effective Date - November 8, 2021  Grade Minimum Midpoint Maximum Min. hourly at 2080 Step =  16 22,286 17 23,400 18 24,570 19 25,799 20 27,088 21 28,443 22 29,865 23 31,358 24 32,926 25 34,572 26 36,301 27 38,116 28 40,022 29 42,023 30 44,124 31 46,330 32 48,647 33 51,079 34 53,633 35 56,315 36 59,131 37 62,087 38 65,192 39 68,451 40 71,874 41 75,467 42 79,241  27,858 29,250 30,713 32,249 33,860 35,554 37,331 39,198 41,158 43,215 45,376 47,645 50,028 52,529 55,155 57,913 60,809 63,849 67,041 70,394 73,914 77,609 81,490 85,564 89,843 94,334 99,051  33,429 35,100 36,855 38,699 40,632 42,665 44,798 47,037 49,389 51,858 54,452 57,174 60,033 63,035 66,186 69,495 72,971 76,619 80,450 84,473 88,697 93,131 97,788 102,677 107,811 113,201 118,862  10.7144 11.25 11.8125 12.4034 13.0231 13.6745 14.3582 15.076 15.8298 16.6212 17.4524 18.325 19.2413 20.2034 21.2135 22.274 23.388 24.5572 25.7851 27.0745 28.4284 29.8495 31.3423 32.9091 34.5548 36.2822 38.0966 40.0014 42.0014 44.1014 45.826 48.6216 51.0529  371.43 390.33 409.50 430.00 451.47 474.07 497.77 522.63 548.77 576.20 605.03 635.27 667.03 700.40 735.40 761.60 810.80 851.33 893.90 938.60 985.53 1034.80 1086.53 1140.87 1197.90 1257.80 1320.70 1386.73 1456.07 1528.87 1588.63 1685.57 1769.83  43 83,203 104,004 124,805 44 87,363 109,204 131,045 45 91,731 114,664 137,597 46 96,318 120,398 144,477 47 101,133 126,416 151,700 48 106,190 132,738 159,285    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY -NEW BUSINESS  MEETING DATE: October 12, 2021  11(A). Department of Social Services (DSS) Director Patrick Betancourt will present information and request approval to continue Macon's "electing county status" for the Temporary Assistance for Needy Families (TANF) Program. A copy of a letter to DSS directors from the North Carolina Department of Health and Human Services with more information about this program will be included in the packet, along with a form that will need to be signed by the chairman reflecting the board's action on this matter. Mr.  Betancourt can provide additional details at the meeting.  11(B).  Transit Assistant Director Darlene Asher will present a trio of  updated plans and polices for the board's approval. Up first is the department's system safety plan, which covers the following categories: (1) Driver/Employee Selection, (2) Driver/Employee Training, (3) Safety Data Acquisition Analysis, (4) Drug, Alcohol and Abuse Program, (5) Vehicle Maintenance, and (6) Security. Each section of the plan is rather lengthy, and all of these will be forwarded to the board members in a separate email. However, an overview of the System Safety Plan will be included in the agenda packet, and requires the chairman's signature. An annual review of the plan, as well as annual board approval of the plan, is required. Secondly, she will be seeking approval of an updated Drug and Alcohol Testing Policy and Zero Tolerance Policy. Finally, she is also requesting approval of the department's Title VI Program Plan, which is essentially a nondiscrimination policy. Each oft these policies/plans will be forwarded to the board members in a separate email, due to the size oft the documents, and each one requires the chairman's signature. Mrs. Asher can provide an overview ofthe changes to all ofthe above documents at the meeting.    11(C). Planning, Permitting and Development Director Jack Morgan will ask the board to consider Change Order #010 on the Macon Middle School renovation project. The total cost estimate of the work is $124,709, as shown on the change order, a copy of which will be included in the packet. Finance Director Lori Carpenter will also need approval of a budget 11(D). Members of the Macon County Schools Liaison Committee will provide an update on the status of the locker room project at Macon Middle 11(E). The liaison committee members will also have items to discuss regarding the selection of an architect for the Franklin High School project. 11(E). Mr. Ridenour is asking the board to schedule three public hearings for the November 9, 2021 regular meeting involving amendments to the county's soil erosion and sedimentation control ordinance, voluntary farmland preservation ordinance and the watershed protection ordinance. Please see below for the attached language for the motions as provided by (1) -Ther motion should be to "move that aj public hearing bel held at thel November 9, 2021 regularly scheduled meeting oft the Macon County Boardo lofCommissioners to consider the adoption ofamendments to thel Macon County CodeofOrdinances, Chapter 153, Soil Erosion and. Sedimentation Control Ordinance to brings such chapterinto  amendment pending approval ofthe change order.  School.  the County Attorney.  compliance with Chapter 160D of thel NC General Statutes."  (2)  -The motion should be to' "move that aj public hearingl be held att thel November 9, 20211 regularly scheduled meeting oft the Macon County Board ofCommissioners to consider the adoption of amendments to the Macon County Code of Ordinances, Chapter 155, Voluntary Farmland. Preservation Ordinance to bring such chapter into compliance with Chapter 160Doft the NC General Statutes.  (3)  -The motion should be to "move that aj public hearing be held att thel November 9, 2021 regularly scheduled meeting of the Macon County Board of Commissioners to consider the adoption of amendments to the Macon County Codeof Ordinances, Chapter: 156, Watershed. Protection Ordinance tob bring such chapterir into compliance with Chapter 160D of thel NC General Statutes.  Notices for all three hearings would then appear in The Franklin Press on Wednesday, October 27th and Wednesday, November 3rd as required by    statute. Copies of the proposed revised ordinances are not included in this packet. Final versions for board consideration will be supplied with the November 9 agenda packet. Mr. Ridenour can provide additional details or  address questions at the meeting.    NC DEPARTMENT OF HEALTH AND HUMANSERVICES  ROY COOPER . Governor MANDY COHEN, MD, MPH . Secretary Human Services  SUSAN OSBORNE Assistant Secretary for County Operations for  September 28, 2021  Dear County Directors of Social Services  Attention: Work First Program Administrators, Managers and Supervisors  Subject: Priority:  Work First Program Electing County Block Grant Planning Cycle for 2023-2026  Action Required for Electing Counties  The Division of Social Services is beginning the Work First Program Electing County planning cycle for Federal Fiscal Years (FFYs) 2023-2026. This letter provides guidance and deadlines for the Work Electing Counties are required to submit an Electing County Status Form to the Division of Social Services to continue or discontinue their Electing County status each Work First planning cycle. The following counties are presently in Electing County status: Beaufort, Caldwell, Catawba, Lenoir, Lincoln, Macon, and' Wilson. AIl Electing Counties Work First Block Grants are subject to the General Assembly appropriation provisions. Please complete the Electing County Destination The deadline to return the survey for the Electing County Status for FFYs 2023 - 2026 is November 15, 2021. The decision must have the support of three-fifths of the Electing County's Board of Commissioners. Electing County Status surveys must be submitted to the Division of Social Services no later than the established deadline. Ifthe status form is provided after the deadline, the Electing  First Program Electing County planning cycle.  Electing County Status  Survey,  County will be re-designated as a Standard County. Electing County Work First Block Grant Planning  Preparations should begin now in the development of the Work First Block Grant plan for FFYs 2023- 2026 for Electing Counties. Electing Counties must involve multiple community partners in the planning process for the Work First Block Grant. This is an opportunity for Electing Counties to take advantage oft the localized flexibility provided in the Work First program. Current and/or former Work First recipients, employers, childcare providers, child welfare staff, community advocacy agencies, The Electing County Work First Block Grant plans are due to the Division of Social Services no later  and others may prove tol be valuable resources in this planning process.  than close of business on November 15, 2021.  NC DEPARTMENT OF HEALTHAND HUMAN SERVICES DIVISION OF SOCIAL SERVICES . ECONOMIC ANDI FAMILY: SERVICES  LOCATION: 820 S. Boylan Avenue, McBryde Building, Raleigh, NC 27603 MAILING ADDRESS: 2420 Mail Service Center, Raleigh, NC 27699-2420 www.r ncdhhs. gov TEL: 919-527-6300 FAX:919-334-1265 ANE EQUAL OPPORINIVIAFFMAIVE ACTIONE EMPLOYER    Standard County Work First Block Grant Planning  All Standard Counties will remain in Standard County status for this planning cycle. Standard Counties do not have to return a plan or survey to the Division. Community meetings are not required, but strongly encouraged because they can assist and provide opportunities to promote a mutual understanding of the agencies and/or programs, long-term collaboration, employment, and family Standard Work First counties must have the current information and/or detailed policy criteria on the below items placed on file at the county departmentagency of Social Services by the beginning of each State Fiscal Year (SFY) for Work First program compliance. This will ensure fair and equitable services to all North Carolina citizens and compliance with federal and state regulations. Counties are A Memorandum of Agreement (MOA), contract, or protocol for collaboration, etc. with the below  centered services for families in North Carolina.  subject to monitoring findings without current SFY information on file. D Division of Workforce Solutions - NCWorks Career Centers Local Management Entity = Manage Care Organization  agencies:  Domestic Violence Agency Vocational Rehabilitation  Local policy for the following services (guidelines specified, payment limits, etc.) Exemption from the work. requirement for single parents of children under age one Services for low-income families at or below 200% or 150% of the Federal Poverty Level  Benefit Diversion Survey for current SFY Emergency Assistance  Services for non-custodial parents (service optional)  Transportation  Please see the attached Electing County Work First Planning Submission Instructions Outline for your reference and the survey link listed above for the Electing County Status (FFYs 2023-2 2026) for submission. If you have questions regarding this information, contact Ortcanwismsnatnsnsane  Sincerely,  Carhe Leseb Carla West,  Senior Director for Economic Security Division of Social Services  Economic and Family Services  CW/gbw Attachment (1) Submission Instructions Outline EFS-WF-08-2021  2    Macon County Department of Social Services  Lakeside Government Complex: 1832 Lakeside Drive Franklin, North Carolina 28734-6778 Tel: 828-349-2124- Fax: 828-349-2401 https//www.marcnnc-org/ds  R. Patrick Betancourt Director  As Chairman of the Board of Commissioners for Macon County voted at its regularly scheduled meeting held on Tuesday, October 12, 2021 by at least two-thirds in favor oft the Macon County Dept. of Social  Services participating in thet following status for the Work First (TANF) Program:  Continue in Electing County Status Change to Standard County Status  The voting numbers were made:  Commissioners In Favor Commissioners Against  James P. Tate, Chairman  Macon County Board of County Commissioners.  Our mission: Partnering to promote, protect, and strengthen our community.    SYSTEM SAFETY PLAN  Program Description:  The System Safety Plan (SSP) was developed utilizing established guidance listed in the procedural manuals oft the North Carolina Department ofTransportation Standard Operating Procedure SSP-001 and the State Management Plan. The SSP consists of and addresses the required six (6) core elements:  1.Driver/Employee Selection 2. Driver/Employee Training 3. Safety Data Acquisition Analysis 4. Drug, Alcohol and Abuse Program 5. Vehicle Maintenance 6.S Security  Macon County Transit's number one priority is adherence to policies and procedures ofthe core elements. Allofthe elements listed are equal in importance and the policies and procedures must be met. The compliance will ensure that we meet all Federal Transportation Administration (FTA) and North Carolina Department ofTransportation Public Transportation Division (NCDOT/PTD) policies  and regulations.  Driver/Employee Selection Element:  Fair hiring practices are used to select employees. Each potential employee will complete a written application. The Executive Director and/or appointed official and supervisor shall interview each  potential employee.  Driver/Employee Training Element:  The minimum requirements for vehicle operator training are Defensive Driving, Americans with Disabilities Act, Bloodborne Pathogens and Emergency Procedures for Vehicle Operators. In addition  to the minimum requirements the follow actions must be completed:  1. The training must be completed annually  2. The training material must be on file for review by NCDOT/PTD 3. Records ofe each individual trained must be retained on file for five (5)years 4. Each driver must have an annual driver's performance evaluation to provide refresher  training, assess skills, techniques, knowledge, etc...  Safety Data Acquisition Analysis Element:  The goal ofthe Safety Program is the reduction of accidents and injuries to transit customers, employees and the general public. Safety is a shared responsibility between system management and employees. It is the policy ofMacon County Transit to provide a place ofe employment that is free from recognized hazards that could result in death or serious injury to employees, customers or the general public. Itis the responsibility ofe each employee to report all incidents or unsafe conditions to their supervisor. Supervisors must immediately take necessary corrective action to prevent unsafe conditions. Prohibited behaviors are behaviors that are in violation oft the System Safety Policy. Such behaviors include behaviors that threaten the safety of employees, customers and the general public. Other    unacceptable behaviors include those that result in damage to system, employee and public and/or private property. An employee who intentionally violates the safety policy and procedures will be subject to appropriate disciplinary action, as determined by the findings ofani investigation. Such discipline may include a warning, demotion, suspension or immediate dismissal. In addition, such actions may cause the employee to be held legally liable under State or Federal Law.  Drug Alcohol and Abuse Program Element:  The goal is to provide a safe, healthy and productive drug-free work environment for all employees. A person being under the influence ofac drug or alcohol while on the job poses serious safety and health risk to the user, co-workers as-well-as passengers. Macon County Transit has established a policy ofa drug-free work environment. A: standard ofz zero tolerance for use ofalcohol, illegal substances, or the misuse of prescription medications during work hours or the presence of these substances in the body during work hours regardless of when consumed. Random drug test will be administered.  Vehicle Maintenance Element:  The goal is to ensure each vehicle and wheelchair lift is properly maintained to maximize the service life, maintain reliability, mitigate high maintenance costs and sustain proper safety and mechanical condition. To accomplish this goal we will at a minimum adhere tot the vehicle manufacturer's  maintenance/service manual and the wheelchair lift service manual.  Security Element:  The overall purpose of the Security Program is to optimize -- within the constraints of time, cost, and operational effectiveness - the level of protection afforded to vehicles, equipment, facilities, passengers, employees, volunteers and contractors, and any other individuals who come into contact with the system The security of passengers and employees is paramount to promoting the objectives of FTA and NCDOT. We will take all reasonable and prudent actions to minimize the risk associated with intentional acts against passengers, employees and equipmenl/facilities. To further this objective, we have developed security plans and procedures and emergency response plans and procedures. The plans have been coordinated with local law enforcement, emergency services and with other regional transit providers, which addresses the conduct of exercises in support of their emergency plans, and assessment The SSP will be updated as changes occur. An annual review is required to ensure all information is This operational policy, as amended, was adopted by the Maçon County Board ofCommissioners  both during normal operations and under emergency conditions.  ofcritical assets and measures to protect these assets. current. The annual review must be adopted by the board.  Date  November 13,2018  System Manager (Signature). Governing Board Chairman (Signature)    NewAtlantic CONTRACTING,INC.  PCO# #010  New Atlantic Contracting Inc 2635F Reynolda Rd Winston Salem, North Carolina 27106 Phone: (336)759-7440 Fax: (336)759-7445 TO:  Project: 2102- Macon Middle School Renovations  1345 Wells Grove Road Franklin, North Carolina 28734  Prime Contract Potential Change Order #010: CE #50 -; #4: AHU 12  Macon County 5West Main Street Franklin, North Carolina 28734  FROM: CONTRACT: CREATED BY: CREATED DATE: PRIME CONTRACT CHANGE ORDER: ACCOUNTING METHOD: Amount Based PAID INI FULL: SIGNED CHANGE ORDER RECEIVED 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) 10/4/2021 None No $124,709.00  PCONUMBERREVSION: 010/0 REQUEST RECEIVED FROM: STATUS: REFERENCE: FIELD CHANGE: LOCATION: SCHEDULE IMPACT: EXECUTED:  Pending- In Review No No  POTENTIAL CHANGE ORDER TITLE: CE #50-# #4: AHU12  CHANGE REASON: Client Request  POTENTIAL CHANGE ORDER DESCRIPTION: (The Contract Is Changed As Follows)  October 4, 2021 Mr. Chris Coleman 1815 S. Tyron St. Suite A Charlotte, NC 28203 RE: Macon County Middle School Macon County Schools NACJ JOB# 2102 Franklin, NC2 28734 Potential Change Order Number 010 CE: #50- #4:AHU 12 Dear Chris,  Ina accordance with Request for Pricing (RFP) #2 dated September 24, 2021, attached is our proposal for changes to AHU-12. The total coste estimate oft this work per the enclosed summary sheeta and attached back-upi is $124,709.00.  This change will noti increase the contract time; however, we reserve the rightt tor request ane equitable adjustment int the contract amount and time as a We will proceed with this revised work upon receipt of written acceptance oft this proposal. In thei interim, we arep proceeding ina accordance with our Itr may be necessary tor revise this proposal ifiti is not accepted within 50 days, ori ift the progress oft the work changes the conditions upon whicht this  result oft the cumulative impact oft this and future change orders. This proposal is based on thet following qualifications:  current contract documents. proposal is based.  Thank youf for your prompt consideration oft this proposal.  ATTACHMENTS: New Atlantic Contracting Inc  Page 1of2  Printed On: 10/4/2021 01:48PM    NewAtlantic CONTRACTING, - INC.  PCO#010  RFP-02 AHU12 New Frame. Door and Hardware.pdf, 3. Macon County Middle School -Added Doors-pdf, ). Macon MS VAV proposal.docx, Macon Middle School-F Franklin-/ AHU-12 -9-30-21.pdf > RE_ Macon Middle School-AHU 12 coordination.msg, 3 RFP-02 MMS- NE WING BASEMENT  AHU12 ALTERNATE WORK.pdf. > CORE 6 Basement Door Lintel. pdf, > COR 6 Summary Basement Door Lintel. pdf  #  Budget Code  Description  Amount $6,000.00 $78,227.88 $3,714.90 $800.00 $23,957.00 $640.32 $246.00 $150.00 $0.00 $0.00 $0.00 $8,518.96 $0.00 $1,221.05 $1,233.26 $(0.37)  1 04-200.S MasonyCommilment 2 23-001.SHVAC 3 08-100.M Doors 4 08-700.S Hardware.Commitment 5 26-001.S Electrical 6 05-120.S Steel 7 09-900.S Painting 8  AHU-12 AHU-12 AHU-12 AHU-12 AHU-12 AHU-12Lintels AHU-12 Dumpster Fees  Subtotal: $113,736.10  Material (6.75% Applies to Materials.): Equipment (6.75% Applies to Equipment.): Labor (39.00% Applies to Labor.):  OH&P Sub (7.50% Applies to Material Purchase Order and Commitment.): OH&P! LME (15.00% Applies tol 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 to Temporary Labor, Material Purchase Order, Payroll Taxes &1 Insurance, Owner Cost, Commitment, P&P Bond (1.00% Applies to Temporary Labor, Material Purchase Order, Payroll Taxes &I Insurance, Owner Cost, Commitment, Rounding (-0.00% Applies to Temporary Labor, Material Purchase Order, Payroll Taxes &I Insurance, Owner Cost, Commitment,  Grand Total: $124,709.00  Mark Sealy (SGA 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 2635F Reynolda Rd Winston Salem, North Carolina 27106  SIGNATURE New Atlantic Contracting Inc  DATE  SIGNATURE  DATE  SIGNATURE  DATE  Page 2of2  Printed On: 10/4/2021 01:48 PM    SENSIBLE AIR SYSTEMS INC HEATING & AIR CONDITIONING CHANGE ORDER  Date 10/1/2021  Project Name: Macon County Job Number: 2114  Change Order #: 6  The undersigned is giving Sensible Air Systems Inc the authorization to proceed with the description of work below for the price indicated. This work willl be paid for by separate invoice /change order. Pricing for Revised Sketch Pertaining to AHU 12. Hydronic piping to be abandoned in place. Boilers  to be removed by Owner.  Material Controls (3) Unit Heaters (9) VAV Boxes Gas & Piping Material Vent Piping & AII Install Mat Sales Tax Material Total Labor Project Manager Sheet Metal Mechanic/Foreman Sheet Metal Helper/Apprentice Pipefitter/Welder Service Technician Shop/Warehouse Labor Totals Lodging/Per Diem 4 Markup & OH Total Est Start Date Schedule Impact Sensible Air Systems Inc  Qty 1. 1 1 1 1 Hours 4 89 192 103  Unit Price $ 22,762.00 $ $ 3,690.00 $ $ 7,160.00 $ $ 5,522.00 $ $ 6,925.00 $ 7% $ $ 91.00 $ 47.00 $ 36.00 $ 53.00 $ 60.00 $ 35.00 $ $ Rate 150.00 $  Total  22,762.00 3,690.00 7,160.00 5,522.00 6,925.00 3,224.13 49,283.13 364.00 4,183.00 6,912.00 5,459.00 16,918.00 1,818.75  Rate w/ Burden $ $ $ $ $ $ 388 Days 12  $ 15%  Total  Total 10,202.98 78,222.86  $  Est Finish Date  12  Days  Authorized Representative  Name Signature  Name/Company Signature    MACON COUNTY BOARD OF COMMISSIONERS  AGENDA ITEM  CATEGORY - CONSENT AGENDA  MEETING DATE: October 14, 2021  Item 12A. Draft minutes from the September 14, 2021 regular meeting are attached for your review and approval. (Mike Decker/Tammy Keezer) Item 12B. Budget Amendments #67-77 are attached for your review and Item 12C. Approval of tax releases for the month of September 2021 in the amount of $5,654.76. (Delena Raby) The list ofreleases is attached. Item 12D. Approval of (1) vaccine fee updates and (2) North Carolina Medicaid Dental Reimbursement Rates as approved by the Macon County Item 12E: Approval of the 2022 County Holiday Schedule. This request is being made earlier than normal as one of the 2022 holidays (New Year's Day) will be observed on Friday, December 31, 2021. As in years past, the county plans to follow the North Carolina Office of State Human Resources Item 12D. A copy of the ad valorem tax collection report, which shows an overall collection rate of40.13 percent as of September 30, 2021. No action  approval. (Lori Carpenter)  Board of Health on September 28, 2021. (Carrie Pazcoguin)  schedule. (Mike Decker)  isn necessary. (Delena Raby)    MACON COUNTY BOARD OF COMMISSIONERS  September 14, 2021 MINUTES  Chairman Tate called the meeting to order at 6:00 p.m. All Board Members, County Manager Derek Roland and County Attorney Eric Ridenour, members of the news media and a number of county employees and citizens were present. Deputy Clerk Mike Decker and Finance Director Lori Carpenter participated  remotely.  ANNOUNCEMENTS:  (A) Commissioner Beale reminded everyone that the Macon County Fair will be held in two weeks (September 22-25, 2021). He said everything is currently on schedule and he hopes citizens will come out to support  the event.  MOMENT OF SILENCE: Chairman Tate requested all in attendance rise PLEDGE TO THE FLAG: Led by Commissioner Higdon, the pledge to the flag PUBLIC HEARING: At 6:02 p.m., Chairman Tate called the public hearing regarding the Community Transportation Program Application to order. Kim Angel, Transit Director, stated it was time to look at nextfiscal year's grant cycles funneled through the Public Transportation Division of the North Carolina Department of Transportation (NCDOT). Ms. Angel referenced a resolution that will need to be approved at the end of the public hearing if the board SO desired [Attachment 1]. She indicated that no one had signed up to speak and gave. a brief overview of the three grant applications: (1) Administrative - total request. will be $208,827 with a 15 percent local share of $31,325 required; (2) Capital - total request will be $24,244, which will be used to purchase. new tablets used by the van operators to get their manifest as well as replacement of four office computers, based on the county's replacement schedule. She shared that for the first year in several years, no vehicles will need to be purchased or replaced. The required 10 percent county match will be $2,425; (3) 5310 Operating - total request will be $165,000 with a 50 percent ($82,500) required match. Ms. Angel stated she believes the Rural Operating Assistance Program (ROAP) funding is going to be restored once the. state budget is passed with an estimated amount  and a moment of silence was observed.  was recited.  Minutes 09.14.21 Page 1 of12    of$72,000. The total amount of the grants listed is $398,071, with a total county match of $116,250. If the $72,000 of ROAP funding is applied, it will leave an approximate balance of $44,250 for the county match. Chairman Tate asked if anyone would like to speak in regard to each of the grants, with no one coming forward. Chairman Tate inquired as to questions from the board and no questions were asked. Chairman Tate closed the public hearing at 6:06 p.m. Chairman Tate announced the board would take immediate action utilizing the resolution. Commissioner Beale made a motion, seconded by Commissioner Shields, to approve the resolution as presented and the motion passed unanimously. Chairman Tate expressed his congratulations and well wishes to Ms. Angel as she leaves Macon County for another job opportunity. Ms. Angel expressed her appreciation to the board and for the opportunity to serve Macon  County as its first Transit Director. PUBLIC COMMENT PERIOD:  (A) Robert Cook spoke about the incoming sheriff's proposed salary. Mr. Cook provided copies of his proposal and stated that he was here to talk about the pay for the new incoming sheriff. He referenced North Carolina General Statuel53A-92 which states that the incoming sheriff should be paid at the same rate as the outgoing sheriff unless there is a resolution by the board of commissioners to reduce that pay. He shared that the resolution has to be passed no later than 14 days prior to the last filing date for sheriff. Mr. Cook stated he does not believe a brand new sheriff with no experience should come in making the same pay as Sheriff Robbie Holland, who has served in his position for 25 years. Mr. Cook shared results of research he has performed regarding sheriff salaries in North Carolina and recommended that the salary for the incoming sheriff be reduced to equal the lowest range posted on the county website, which is currently $73,900, or no more than 15 percent higher than the chief deputy's pay, whichever is less. He also recommended the top end be no more than $100,000 as opposed to the current $110,900. Mr. Cook requested that the monies saved from this reduction be redistributed to deputies at the sergeant level and below, which is a budget neutral proposal but would give the deputies a small (B)I Dillion Castle requested to speak about accountability. He stated he is a pastor, ayoungman who grew up: in ac conservative Christian home in Macon County, and has not previously been engaged in politics. He stated he feels he represents a large majority of citizens who consider themselves conservative and are tired of the direction our country, our state and even our county are going. Mr. Castle shared that his concern is that our county is going to turn in to what our state and the federal government has become. He stated that the board members will  pay raise and help the county stay competitive.  Minutes 09.14.21 Page 2 of 12    not be in their seats forever and that the voters of Macon County asked them to do a job for the citizens. Mr. Castle said he did not ask them to do the job that the Centers for Disease Control (CDC) feels is best. He stated the citizens elected the board members, they did not elect the CDC or the health director that is appointed by this board. Mr. Castle asked the board to do what the community wants to do and to not be afraid to take that stand. He stated, "When you do what is right and morally acceptable, the citizens will back you." Mr. Castle said he respects the board as men who are wiser and older than he is and have experience and knowledge that he does not; however, we are all citizens of Macon County and the State of North Carolina. Hei requested the members not forget these things and reminded them to be righteous men "filled of character and what (C)Tracy Dougan stated she was here to follow-up on the animal control ordinance issue she spoke about in February. She stated that she was, at that time, directed to the county planning board and then to the board of health. Ms. Dougan says she has been in contact with the board of health since May trying to get the revisions addressed that she brought to this board in February. She indicated a committee had been formed to make the proposed revisions and present those back to this board. Ms. Dougan said it seems the board of health does not see themselves in charge of the animal control program although it states they are in the ordinance. Ms. Dougan indicated that at the last board of health meeting, Jimmy Villiard was the only person who had done any research. She stated he did not make the requested revisions, but shared some new laws which were supposed to be presented to this board. Ms. Dougan stated she is opposed to any new proposals because she believes they will harm animals and that she has letters and signatures in opposition of what he is proposing. Ms. Dougan stated she also has concerns about how the anonymous reports are being handled. She says itisimportantthat we uphold the anonymity of the reports and this is not always happening. Ms. Dougan says the officers who go out do not do anything, do not follow up, and the animals are suffering. She said animal services is not being operated properly and no one wants to take charge. Commissioner Beale requested Ms. Dougan forward the concerns she listed in February back to the county manager who will then distribute them to the board members. Mr. Roland stated there are channels that these issues need to take and that until such time as this board has heard back from those  isr right".  Minutes 09.14.21 Page 3 of 12    channels, this board taking any action would be premature. He stated that he feels that once the board of health has had time to complete its review and makes recommendations back is when the commission would take action. Mr. Roland explained that even after the commissioners receive the recommendations back from the board of health, there are several steps that have to take place in consultation with legal counsel and, if Ms. Dougans' concerns were disregarded, there will be an explanation regarding that. He reminded Ms. Dougan that when the recommendations come before this board it will be an agenda item and posted on the agenda prior to the meeting.  ADDITIONS, ADJUSTMENTS TO AND APPROVAL OF THE AGENDA: Upon ar motion by Commissioner Shields, seconded by Commissioner Young, the board voted unanimously to approve the agenda, as adjusted, as follows: To remove Item 11E, Consideration of resolution to the North Carolina Wildlife Resources Commission, as the previous request to keep one ofour wildlife officers in Macon County has been approved without the Tor replace Item 11E with Letter from Pine Grove School Community Club, To remove Item 11A, Discussion regarding mobility issues of physically handicapped students on the Franklin High School campus and to add the item to the October 12th meeting, per Commissioner Shields. To replace Item 11A with Discussion regarding Macon Middle School To add Item 13A, Appointment to the Watershed Review Board, per Mr. To add Item 10B, Nantahala Community Building, per Commissioner To add Item 11F, Franklin High School Architectural Services, per Mr.  resolution. per Chairman Tate.  locker room facility, per Mr. Roland.  Roland. Higdon. Roland.  REPORTS AND PRESENTATIONS:  COVID update - Kathy McGaha, Macon County Public Health Director, presented an update stating that we are at day 553 of the COVID-19 outbreak, week 79. She shared that as of today, there are 395 active positive individuals in the county, sadly 54 deaths (a 1.2 percent current fatality rate), a positivity rate of 26.53 over a rolling seven-day period, and a case rate of 775 per 100,000 individuals. Ms. McGaha stated that we are seeing the same trends as the rest of the state and thenation. She said Macon County tends to be about two weeks behind when a wave of cases begins and indicated that we are currently in our fourth wave - the first being last May, one at the beginning of the last  Minutes 09.14.21 Page 4 of12    school year, one around Christmas last year and now this is our fourth. She stated we are in week eight of this wave (Delta variant) and she is hopeful that we will follow the rest of the state and nation and begin to see a plateau in the next week or two. Ms. McGaha indicated this has been the longest wave and she expects we will see a fall in cases over an eight-week period just as we have seen a rise over an eight-week period. Ms. McGaha stated that hospitalizations in the Western North Carolina Region as of today include 84% of ICU beds being occupied, two-thirds of total beds occupied, and said it is a challenge to get someone in to a bed and almost equally difficult to staff hospitals. Ms. McGaha said that although the case rate is going up, the demand for the vaccine has flattened. As of today, she states that we are at 57 percent of the county's population being vaccinated with at least one shot and 52 percent considered fully vaccinated. Ms. McGaha stated she believes the vaccination rate is skewed due to seasonal residents and that the rate for year-round residents is actually lower. Commissioner Young asked if we could set-up a center here to offer the antibody treatments. Ms. McGaha stated that we do not have the capacity within the health department to do this. She said out of 63 positions she has 15 vacancies and is struggling to maintain staff. She stated that the monoclonal antibody treatment requires certain equipment which we don'thave, and that the state hasjust released its guidance and standing order for the treatments. Commissioner Young asked if we could refer patients to the center in Clay County and Ms. McGaha responded that the center is not residence-based and anyone can go there to get the service. Commissioner Higdon asked if the facility in Clay County was set-up under the health department's guidance. Ms. McGaha indicated she was not sure if they were: running it or if they had contracted with someone to operate it. Commissioner Higdon inquired as to what our options are and without adding a load to the health department we should be able to do itif Clay County can. Ms. McGaha said she would have to investigate, but thati it would have to be an outside agency as she did not have the staff resources. Commissioner Young stated he had been asked numerous times why people have to go to Clay County. Commissioner Beale stated Clay County is contracting with a company out of Blairsville, Georgia to provide the service and the demand is very low. He stated we are getting a $20,000 federal grant from the Southwestern Commission because Macon County is one of the counties where those age 60 and older are not getting vaccinated at a 55 percent rate. Commissioner Beale indicated there is some leeway in how the funds can be spent and as soon as the official award letter is received we will know if we can use the funds for monoclonal antibody services. Ms. McGaha emphasized that vaccination is our preferred option because we do not  Minutes 09.14.21 Page 5 of12    want people to get sick. She said, "we still want them to get vaccinated". Commissioner Young stated he would still like for us to try and expand our treatment center options. Commissioner Higdon stated he didn't want to put anything else on the health department's plate as they are loaded and have environmental health issues to address but, citizens of Macon County deserve an infusion center. Commissioner Beale stated the treatment has to be connected to a hospital and not just a health department. Ms. McGaha stated she would research the possibilities. She further shared the health department is operating the call center where appointments are being made for testing as there is an increase in testing needs and vaccine appointments but demand isr not where she would like it to be, and also continuing contact tracing on all positive cases (approximately 400 at this time). Ms. McGaha stated they are testing five days per week, providing vaccines on Wednesday and Friday mornings, which is subject to change based on demand, providing the third dose of Pfizer vaccine for the mmunocompromises, and assisting the school nurses with contact tracing for the school system. Commissioner Young asked if Ms. McGaha had a black and white cut and dry protocol for contact tracing. Ms. McGaha responded by saying there is the North Carolina School Toolkit for the school systems and the CDC and DHHS guidelines for the general public. She said these documents could be accessed by the general public but are very complicated to administer because the individual scenario changes based on vaccine status, symptom status, etc. and therefore each case has to be handled individually and situations are hard to compare. Ms. McGaha informed the board of a current outbreak in the Macon County Detention Center and stated they have been offering testing and vaccinations to inmates. She said there are currently no outbreaks in the nursing homes and those facilities have done an outstanding job in managing visitation and encouraging vaccination. Ms. McGaha indicated the department will begin offering flu shots and third doses of COVID vaccine as soon as the guidance is received. She said a press release will be forthcoming with the information and schedules for those. Ms. McGaha shared that the department is dealing with staff fatigue (staff! have been working on COVID efforts for 59 weeks and she currently has 15 vacancies out of 63 positions - all difficult to fill positions) and staff being criticized at times by the public and having to build each other up, which is difficult at times. She stated that the North Carolina National Guard is here until December 3rd to help with vaccines and testing, as well as staff from CCNC which is a state agency providing staff to help answer phones and assist with contact tracing. Ms. McGaha stated that all vacant positions are being advertised and some have been posted for a while. Commissioner Beale asked if the issue was the salary and being  Minutes 09.14.21 Page 6 of 12    overworked and underpaid. Ms. McGaha responded to indicate there are cases where it is a money issue, cases of people just being burned out, and cases of people. just considering different careers because they are tired and exhausted. Commissioner Beale inquired about Environmental Health. Ms. McGaha stated four of the vacancies are in Environmental Health, but she has received 146 applications. She has also worked with the County Manager and Finance Director on a budget amendment that is included in the consent agenda to contract with some environmental health specialists from other counties to assist in the interim. She has received one application for the supervisor position. Commissioner Higdon stated that every county he deals with is looking for environmental health specialists. Commissioner Beale asked about the prioritization system of permit applications. Ms. McGaha said there is still a prioritization process in place. Commissioner Beale asked Jack Morgan, Planning, Permitting and Development Director, if he had any idea ofhow many building permits were being held up waiting on Environmental Health approval. Mr. Morgan said there is a substantial amount. Commissioner Higdon said this decision is imperative and we need to get moving on making internal advancements and getting the contract workers started.  OLD BUSINESS:  Macon Middle School Locker Room Bid Tab - Mr. Roland indicated there was one. responding bid with a bid price of $2,347,000. He stated the budget is $1,053,868 but the contractor has since reached out to us and asked if we are interested in reviewing some value engineering on the project. Mr. Roland stated that the bids were received on August 18, 2021 and are good until October 17, 2021, SO if the liaisons want tos sit down with the contractor and review options there is time to do sO. Commissioner Young stated he is willing to review the options and isnot opposed to a nice metal building structure similar to what Swain County has. Board members unanimously agreed to have the liaisons meet with the contractor. Mr. Roland asked Mr. Morgan to schedule Nantahala Community Building - Commissioner Higdon stated that he would like to go ahead and get an architect on board and form a committee to oversee the project. Mr. Roland stated he had spoken with the school superintendent who indicated the school board has not made a formal decision regarding the location of the Nantahala Library. He said the superintendent shared that the school board representative from Nantahala is not in favor of having the library on the school property and the superintendent believes the board will support that representatives' recommendation. Commissioner Beale stated the  the meeting and bring the results back to this board.  Minutes 09.14.21 Page 7 of12    school board needs to make a decision and let the people of Nantahala know how they voted. Commissioner Higdon made a motion to authorize Mr. Roland to solicit an architect to do a preliminary design of the building, to form a six-member committee comprised of two members of the library board, two from the Nantahala Community Club and two non-associated at-large public members. Mr. Roland said he and Mr. Morgan would work on a resolution and proposals to bring to the next meeting. Motion was seconded by Commissioner Young. Vote  was 4-1 with Commissioner Beale voting in opposition.  NEW BUSINESS:  Grant requests for Macon County Emergency Services - Warren Cabe, Emergency Management Director, stated he was requesting approval for (1) Vaya Health Grant - Mr. Cabe stated Vaya contacted us and gave us two days to submit a project for them to consider. He indicated that Vaya has agreed to fund 13 weeks (two days each week) of our Community Paramedic Program for home visits (26 total days) dating back to July 1, 2021, which includes salary and expenses. Mr. Cabe said they have also agreed to fund a software program that allows the charting (currently in a stand-alone system) for the home patients to be linked to the charting system used by EMS and the system used by the hospital. He said the funding would be $11,200.78 if the board approves acceptance of the funds and approval of the budget amendment he provided as a handout [Attachment 2]. A motion was made by Commissioner Beale, seconded by Commissioner Shields, to apply for the grant funds as presented, and the vote was unanimous. (2) Nantahala Health Foundation - Mr. Cabe stated the Collaborative Health Innovation Project application request will be for funding for a qualified "carry out" team used when searching for lost persons. He explained that we have over 90 miles of trails with over 16 different trails in the county, and we have a manpower issue when searching for lost persons. Mr. Cabe said he has collaborated with the fire. departments and is putting together a team of two to three qualified people from Otto Fire and Rescue and West Macon Fire and Rescue agencies that will be trained on how to deal with wildland search and rescues. Additionally, Mr. Cabe stated the request will include a two- wheel drive motorcycle that is like an ATV, and a trailer to put the motorcycles and safety equipment in. He stated the total application request would be for $30,000 with no county match required. Commissioner Young made a motion, seconded by Commissioner Higdon, to proceed with the application as presented, and the vote was unanimous. Commissioner Beale stated the Community Paramedic  making application for two separate grants, as follows:  Minutes 09.14.21 Page 8 of12    Program was started prior to the pandemic and our program is one of the top in the state and he would like to send a shout-out to Joey Gibson, Mr. Cabe and all the people that work there. Mr. Cabe said they have 91 people in the program currently and have been doing home vaccinations to help out the health department as well. He said his department also has staffing issues with seven current vacancies among 41 total positions and two possible vacancies, pending results of the pay study. He stated the staff has had to be creative in keeping the Community Paramedic program running during this time and that Consideration of change order for Macon Middle School project - Planning, Permitting and Development Director Jack Morgan requested Chris Coleman, an architect with SGA NarmourWright Design, talk about the updates and change orders. Mr. Coleman stated that Phase 1, which encompassed the center core area, cafeteria and some of the locker rooms, is complete. He said they are currently wrapping up Phase 2 consisting of the east wing which faces the parking lot and the bus area and will turn that over to the school system in the next week or two. Mr. Coleman stated that New Atlantic Construction has done an excellent job and is slated to be ahead of schedule. Mr. Coleman shared that coming out of Phase 1 there were some cost implications: (1). $11,469 which was related to the new rooftop and HVAC system changes (PCO #006) Attachment 3); (2) $16,254 savings related to multiple items listed on the PCO (PCO#009). Attachment4 (3) $28,294 mostly related to lighting packages that had to be changed due to COVID-19 supply chain issues (PCO #007) Attachment 51 (4) $97,761 (PCO#008) [Attachment 6] related to fire alarm system additional devices, materials and labor to bring the system up to code. Commissioner Beale asked why we were just now discussing the change order related to the alarm system. Mr. Coleman said the engineers had always felt the existing system could be modified and not be fully replaced. He explained the issue came in with the addition of devices and how they sync with the existing system which does not meet code. Commissioner Beale stated there have been many conversations about the alarm system and he is surprised by this $100,000 price tag. Commissioner Beale inquired as to who the contractor was. Mr. Coleman responded that it is NCI. Commissioner Beale asked if this could be put out to bid, Mr. Coleman stated this is al lifesaving issue and with the amount of renovations we have done he would not recommend putting this out to bid. Commissioner Beale stated we knew going in the age of the system and were told this could be done. Chairman Tate said he understands Commissioner Beale's question and doesn't think that we disagree with the lifesaving issue: at  iti is a very valued program.  Minutes 09.14.21 Page 9 of12    all and want it right. He said we hired an engineering firm to do this and want to know why this wasn't picked up on initially and is coming to us now. Chairman Tate asked if this was NCI's fault, the engineers' fault or whose fault it was that this was not recognized up front. Mr. Coleman stated he could not blame any specific party. Chairman Tate stated he guessed the commissioners were the "bail-out party." Commissioner Beale asked if the engineers had insurances and if sO they needed to be checked. He said there had been many discussions and we were assured they could hook everything back up even it had to change we should have been informed then. Mr. Coleman stated he believed there was an oversight based on conversations the engineers had with the vendor who has serviced the system for years. Chairman Tate asked about the contingency. Mr. Roland said we started this project with $817,800 in contingency with five phases and we are at about 60 percent complete. He stated we have $788,882 in contingency tonight and if all of these are approved the remaining balance will be $635,044. Commissioner Beale suggested Mr. Ridenour get the engineering firm information and drop them a note for the bill or at least request an explanation. A motion was made by Commissioner Young, seconded by Commissioner Shields, to take the $153,778 out of contingency to cover the change orders (#006-#009). The vote was Scheduling of public hearings to consider amendments to county ordinances = County Attorney Eric Ridenour explained that we have several development ordinances that have to be brought into compliance with the new chapter of the general statute (160D) and are going to try to bring three rewritten ordinances to the board each month and each of those will have to have a public hearing. He requested that (1) Set a public hearing for Tuesday, October 12, 2021 to consider amendments to the Macon County Code of Ordinances, Chapter 152, Sign Control Ordinance, to bring itinto compliance with Chapter 160D (2) Set a public hearing for Tuesday, October 12, 2021 to consider amendments to the Macon County Code of Ordinances, Chapter 159, Subdivision Ordinance, to bring it into compliance with Chapter 160D (3) Set a public hearing for Tuesday, October 12, 2021 to consider amendments to the Macon County Code of Ordinances, Chapter 111, Sexually Oriented Businesses Ordinance, to bring it into compliance with Chapter 160D of the North Carolina General Statutes.  unanimous.  the board approve the following motions:  oft the North Carolina General Statutes.  of the North Carolina General Statutes.  Minutes 09.14.21 Page 10 of 12    Commissioner Beale made a: motion, seconded by Commissioner Shields, tol hold a public hearing on all three ordinance. amendments at the October Letter from Pine Grove School Community Club - Chairman Tate read al letter Attachment 7] that was received from the Pine Grove School Community Club, also known as the Pine Grove School Restoration Society, stating that the organization has met and voted to disband and dissolve the organization due to loss and lack of membership, age, illness and the ongoing pandemic which has made it no longer feasible to continue. The letter further stated the organization has been successful for 17 years but it is now time to return the building and its care back to Macon County as of November 1, 2021. The board members agreed for Mr. Roland to move. forward with ensuring the electricity is connected and Franklin High School Architect - Mr. Roland stated that the evaluation committee assigned to review the architectural recommendations consisted of Tracy Tallent, Todd Gibbs, Chris Baldwin, Carol Arnold, Tommy Cabe, Jack Morgan and our liaisons Commissioners Young and Shields. He said the committee met on August 25, 2021 and reviewed responses to the Request for Qualifications. He shared that there were eight respondents and the committee selected LS3PAssociates LTD as the most qualified firm receiving a score of 93.88 out of a possible 100. Mr. Roland stated that approval is needed to approve LS3P Associates LTD as selected by the committee and enter into fee negotiations with the architectural group, but only after the architectural group is approved by the school board at their September 27, 2021 meeting. After a brief discussion, the board agreed for the evaluation committee to interview the top three firms as follows: LS3P Associates LTD with a score of 93.88, Moseley Architects with a score of81.38 and McMillian Pazdan Smith with  12, 2021 meeting, and the vote was unanimous.  insurance is active. No vote was taken.  as score of 79.38. No vote was taken.  CONSENT AGENDA: Upon a motion by Commissioner Higdon, seconded by Commissioner Beale, the board voted unanimously to approve the consent agenda as presented which includes: (A) Minutes of the August 10, 2021 regular meeting, (B) Budget Amendments #41-50, (C) Tax releases, and (D). the monthly ad valorem tax collection report, for which no action is necessary. APPOINTMENTS: Commissioner Beale made a motion, seconded by Commissioner Shields, to appoint Michael Mathis to the Watershed Review  Board, and the vote was unanimous.  Minutes 09.14.21 Page 11 of 12    CLOSED SESSION - At 8:09 p.m., upon a motion by Commissioner Beale, seconded by Commissioner Shields the board voted unanimously to go into closed session as allowed under NCGS 143-318.11(a)3) to preserve the attorney/client privilege and 143-318.11(a)5) regarding the acquisition of real property with a plan to take no action following the closed session. At 8:25 p.m., upon a motion by Commissioner Higdon, seconded by Commissioner Young, the board voted unanimously to come out of closed session and return to open ADJOURN: With no other business, at 8:27 p.m., upon a motion from Commissioner Beale, seconded by Commissioner Young, the board voted  session. No action was taken.  unanimously to adjourn.  Derek Roland  Jim Tate Board Chair  Ex Officio Clerk to the Board  Minutes 09.14.21 Page 12 of12    MACON COUNTY BUDGETA AMENDMENT AMENDMENTE 67 FROM: Lindsay Leopard DEPARTMENT: Sheriff's Office  EXPLANATION: Move money to cover dental work (root canal & crown) on K-9.  ACCOUNT 113840 - 417900 114310-556011  DESCRIPTION Fund Balance Appropriated Operating Supplies- -K-9  INCREASE $3,308.00 $3,308.00  DECREASE  REQUESTED BY DEPABTMENT HEAD RECOMMENDED BY FINANCEOFFICER, APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED. AND ENTERED ON MINUTES-DATED,  10/12/1  CLERK    MACON COUNTY, PAPOETAMENDMENT  AMENDMENT; # 68 DEPARTMENT: HEALTH EXPLANATION:  Year3 grant monies from Appalachian Mountain Community Hlth Center needs to be decreased in expenditures and revenues by $19,140 for FY22. Amount previously approved was $69,900 and the amount  should be $50,760. DESCRIPTION  ACCOUNT 115128-555124 113511-426010  INCREASE  DECREASE  Appalachian Mtn Community Hlth Centers Appalachian Mtn Community Hlth Centers  19,140 19,140  REQUESTED BY DEPARTMENT HEAD fLilke  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED ANDI ENTERED ON MINUTES DATED  hebge  10/1261  CLERK    MACON COUNTY BUDGET  AMENDMENT # y FROM: DEPARTMENT: EXPLANATION: ACCOUNT 514096 ORG ITEM 513831 447255 514096 550001 SALARY 514096 550201 MEDICAREIFICA 514096 550203 HOSPITALIZATION 514096 550206 LIFE INSURANCE 514096 550207 RETIREMENT-GENERAL 514096 550701 COUNTY401K 514096 556034 WAP PROGRAM OPERATIONS  JOHNLFAY HOUSING RECEIVE NEWF FUNDS  DESCRIPTION DUKE ENERGY HHF REVENUE  LINE ITEM  INCREASE 18,000 2,736 209 716 5 313 55 13,966  DECREASE  Totals 18,000  REQUESTED BY DEPARTMENT HEAD] RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER;  Cayt  da  ACTION BY BOARD OF COMMISSIONERS 1olla/a  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET  AMENDMENT # 70 FROM: DEPARTMENT: EXPLANATION: ACCOUNT ORG 513831 447273 515917 515917 515917 515917 515917 515917 515917 515917  JOHNLFAY HOUSING RECEIVE NEWF FUNDS  DESCRIPTION DOGWOOD HEALTH NET REVENUE  LINE ITEM  INCREASE 50,000 22,686 1,736 7,157 48 2,321 453 0 15,599  DECREASE  ITEM 550001 SALARY 550201 MEDICARE/FICA 550203 HOSPITALIZATION 550206 LIFEINSURANCE 550207 RETREMENISENERAL 550701 COUNTY401K 556031 WAP ADMIN 556034 WAP PROGRAM OPERATIONS  Totals  50,000  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS lolia/al  APPROVED AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTH  FROM: Robert LH Holland DEPARTMENT: Sheriff EXPLANATION: Insurance Settlement ACCOUNT 11-3839-4850-00 11-4310-5565-03  DESCRIPTION Insurance Settlement Vehicle Repairs  INCREASE $3294.00 $3294.00  DECREASE  REQUESTED BY DEPARIMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  4  ACTION BY BOARDOF COMMISSIONERS lofa/21 APPROVED AND ENTEREDON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTLO2 FROM: M. CHRISSTAHL DEPARTMENT: SOLID WASTE  EXPLANATION: MOVING MONEY TO ACCEPTI INSURANCE PAYFROMGEICO  ACCOUNT 603839 485000 604715556011  DESCRIPTION INSURANCE SETTLEMENT OPERATING SUPPLIES  INCREASE 2638. 2638.  DECREASE  REQUESTED BY DEPARTMENT HEAD APPROVEDI BY COUNTY MANAGER ACTION BY BOARDOF COMMISSIONERS APPROVED AND ENTERED ON MINUTES DATED  Viis ALE  RECOMMENDED BY FINANCE OFFICER Banlso  lola/2021  CLERK    MACON COUNNIY BUDGEI AMENDMENT  AMENDMENT # 3 DEPARTMENT: HEALTH EXPLANATION:  Received additional GusNIP Grant funding. Need to increase total budget  ine expenditures and revenue by $122,748  ACCOUNT 115128-555127 113511-426012  DESCRIPTION GusNIP Federal Grant GusNIP Federal Grant  INCREASE  DECREASE  122,748 122,748  REQUESTED BY DEPARTMENTI HEAD fatsorlis  RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  cbllayst  ACTION BY BOARDO OF COMMISSIONERS lojra/20a1 APPROVED AND ENTEREDONI MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENTH # 74 FROM: FINANCE DEPARTMENT: EXPLANATION:  September 28, 2021  DSS Allocation increase DESCRIPTION LIEAP PROGRAM  INCREASE $31,126 $31,126  DECREASE  1I-3561-4389-02 LIEAP PROGRAM  11-5314-5675-31  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BYCOUNTY MANAGER  ACTION BY BOARD OF COMMISSIONERS 10/12/2071 APPROVED. AND ENTERED ON MINUTES DATED  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENT! 75 FROM: FINANCE DEPARTMENT: EXPLANATION: 1I-5300-5560-05 1I-3560-4396-01  September 20, 2021  DSS CARES Act Funds DESCRIPTION COMPUTER SUPPLIES CARES ACT  INCREASE $8,556 $8,556  DECREASE  REQUESTED BY DEPARTMENTHEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER ACTION BY BOARD OF COMMISSIONERS APPROVED AND ENTEREDONI MINUTES DATED  AA    lola/2021  CLERK    MACON COUNTY BUDGET AMENDMENT AMENDMENT # 76 FROM: FINANCE DEPARTMENT: EXPLANATION:  September 20, 2021  DSS  Supplemental LINKS Funds DESCRIPTION  INCREASE $24,232 $24,232  DECREASE  1I-5314-5675-17 LINKS 11-3561-4389-06 LINKS  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVED BY COUNTY MANAGER  KX  hnu Ca  ACTION BY BOARD OF COMMISSIONERS lof12/2021 APPROVED, AND ENTERED ONI MINUTES DATED  CLERK    MACON COUNTY BUDGET. AMENDMENT AMENDMENT! 77 FROM: FINANCE DEPARTMENT: EXPLANATION: 113584-439502 115836-568202  September 17, 2021  SENIOR SERVICES DESCRIPTION SUPPLEMENTALS-DCS SUPPLEMENTALS-HDGS  New Monies from Grant Supplemental 5-HDC5  INCREASE $21,483 $21,483  DECREASE  REQUESTED BY DEPARTMENT HEAD RECOMMENDED BY FINANCE OFFICER APPROVEDI BY COUNTY MANAGER  A )  ACTION BY BOARDOF COMMISSIONERS Ioafanal APPROVED AND ENTERED ONI MINUTES DATED  CLERK                    Billing Code 90632 90633 90657 90658 90660 90670 90680 90685 90686 90687 90688 90696 90700 90707 90713 90714 90716 90715 90723 90732 90736 90746 90750 90691 91300 0001A 000ZA 91301 0011A 0012A 91303 0031A 0003A 0013A  Discription of Service / Vaccine  Old Patient Proposed Fee $ 51.00 $ $ 35.00 $ $ 11.00 $ $ 11.00 $ 220.00 $ 92.00 $ 24.00 $ 23.00 22.00 $ 59.00 $ 35.00 $ 89.00 $ 40.00 $ 39.00 $ 147.00 $ 43.00 $ $ 79.00 $ 118.00 $ 230.00 $ 65.00 $ 167.00 $ 116.00 $ 27.00 $ 39.00 $ 27.00 $ 39.00 $ 27.00  New Fee 60 48 20 20 20 222 104 20 20 20 20 72 47 96 53 53 156 57 92 123 240 69 171 125 50 50 50 50 50 50 50  Hep A-A Adult Hep A-F Pediatric Flus Shot (6-3 35r months) Flus Shot (3y yrs8 &>) Flumist- State Supplied Prevnar Rotateq  Influenza virusv vaccine, quadrivalent, splity virus, preservative free, when Influenza virusv Vaccine.quadrivalent,s split virus, preservative free, when Influenza virusy vaccine, quadrivalent, split virus, whena administeredt toc children6-35 Influenza virusv vaccine, quadrivalent, splitv virus, when administeredtoi individuals 3 $ 22.00  months ofa age, fori intramuscular use Kinrix- (DTaP-IPV) DTAP MMR IPV Td Varicella Vaccine Tdap Pediarix- (DTaP- HepB-IPV) Pneumonia Vaccine Zostavax (Shingles Vaccine) HepB B-Adult Shingrix TyphoidVi Pfizer- BioNTech Vaccine Pfizer: Immunization: administration, firsto dose. Pfizer: Immunization: administration, second dose. Moderna COVID-1 19V Vaccine Moderna: Immunization: administration; first dose. Moderna: Immunization: administration; second dose. Janssen COVID-19 Vaccine Janssen (Johnson andJ Johnson): Immunizationa administration, single dose. Pfizer: Immunization: administration, third dose. Moderna: Immunization: administration; third dose.    *****DENTAL CODES ONLY APPLYT TO FEE FOR SERVICE CLAIMS*****  NC Medicaid Dental Reimbursement Rates  as of January 1, 2019  Recommended Fees per the Finance Committee  CDT Code Mod Description D0120 D0140  Facility Fee $41.70 $59.45  Periodic oral evaluation Limited oral evaluation - problem focused Oral evaluation for a patient under three years of age and counseling with primary caregiver Comprehensive oral evaluation -I new or established patient Detailed and extensive oral evaluation problem focused, by report Re-evaluation - limited, problem focused (established patient; not post-operative visit) Intraoral complete series (including bitewings) Intraoral -periapical first film Intraoral periapical each additional film Intraoral occlusal film Extraoral first film Bitewing single film Bitewings two films Bitewings three films Bitewings - four films Sialography Temporomandibular joint arthrogram, including injection Panoramic film Cephalometric film  $52 $69  D0145 D0150 D0160  $57.60 $72.13 $110.39  $68 $82 $120  D0170 D0210 D0220 D0230 D0240 D0250 D0270 D0272 D0273 D0274 D0310 D0320 D0330 D0340  $46.46 $116.08 $24.11 $19.45 $25.84 $34.80 $18.34 $29.91 $40.85 $51.87 $155.85 $317.74 $95.81 $82.19  $56 $126 $34 $29 $36 $45 $28 $40 $51 $62 $166 $328 $106 $92    Laboratory processing of microbial specimen to include culture and sensitivity studies, preparation and transmission of written. report Diagnostic casts Accession of tissue, gross and microscopic examination Prophylaxis adult Prophylaxis - child Topical fluoride varnish; therapeutic application for moderate to! high caries risk patients Topical application of fluoride Sealant- per tooth Interim caries arresting medicament application per tooth Space maintainer- - fixed- unilateral Sace maintainer Fixed bilateral, maxillary Space maintainer - fixed- bilateral, mandibular Distal shoe space maintainer - fixed unilateral Amalgam one surface, primary or permanent Amalgam two surfaces, primary or permanent Amalgam three surfaces, primary or permanent Amalgam four or more surfaces, primary or permanent Resin-based composite one surface, anterior Resin-based composite two surfaces, anterior Resin-based composite three surfaces, anterior  D0414 D0470 D0473 D1110 D1120  $78.69 $69.18 $78.68 $61.61 $44.00  $89 $79 $89 $72 $54  D1206 D1208 D1351 D1354 D1510 D1516 D1517 D1575 D2140 D2150 D2160 D2161 D2330 D2331 D2332  $25.42 $25.93 $46.21 $16.17 $308.78 $410.94 $410.94 $308.78 $114.84 $145.51 $168.48 $185.45 $106.56 $131.64 $155.62  $35 $36 $56 $26 $319 $421 $421 $319 $125 $156 $178 $195 $117 $142 $166    Resin-based composite four or more: surfaces or involving incisal angle (anterior) Resin-based composite crown, anterior Resin-based composite one surface, posterior Resin-based composite. two surfaces, posterior Resin-based composite- three surfaces, posterior Resin-based composite - four or more surfaces, posterior Prefabricated stainless steel crown primary tooth Prefabricated stainless steel crown permanent tooth Prefabricated resin crown Prefabricated stainless steel crown with resin window Prefabricated esthetic coated stainless steel crown primary tooth Sedative filling Restorative foundation for an indirect restoration Core buildup, including any pins Pin retention per tooth, in addition to restoration Therapeutic pulpotomy (excluding final restoration) Partial pulpotomy for apexogenesis permanent tooth with incomplete root development Pulpal therapy (resorbable filling) anterior, primary tooth (excluding final restoration) Pulpal therapy (resorbable filling) posterior, primary tooth (excluding final restoration)  D2335 D2390 D2391 D2392 D2393 D2394 D2930 D2931 D2932 D2933 D2934 D2940 D2949 D2950 D2951 D3220  $197.13 $280.23 $122.89 $163.06 $198.31 $240.29 $233.30 $250.89 $274.11 $305.69 $305.69 $64.31 Manual Pricing $158.87 $38.58 $131.12  $207 $290 $133 $173 $208 $250 $243 $261 $284 $316 $316 $74 #VALUE!  $169 $49 $141  D3222  $127.19  $137  D3230  $231.59  $242  D3240  $308.78  $319    Endodontic therapy, anterior tooth (excluding final restoration) Endodontic therapy, bicuspid tooth (excluding final restoration) Endodontic therapy, molar (excluding final restoration) ApeAlcatonrecatcication initial visit Apeaicatonrealcicaion interim medication replacement ApeAicatontrecatchcation final visit Pulpal regeneration initial visit Pulpal regeneration- interim medication replacement Pulpal regeneration completion of treatment Apcoectomyperiradcusr surgery - anterior Gingivectomy or gingivoplasty- four or more contiguous teeth per quadrant Gingivectomy or gingivoplasty- one to three contiguous teeth per quadrant Gingival flap procedure, including root planing four or more contiguous teeth per quadrant Gingival flap procedure, including root planing one to three contiguous teeth per quadrant Periodontal scaling and root planing four or more contiguous teeth per quadrant Periodontal scaling and root planing one tot three teeth per quadrant  D3310 D3320 D3330 D3351 D3352 D3353 D3355 D3356 D3357 D3410  $458.55 $541.91 $662.81 $223.44 $162.57 $325.15 Manual Pricing Manual Pricing Manual Pricing $420.19  $469 $552 $673 $233 $173 $335 #VALUE! #VALUE! #VALUE!  $430  D4210  $401.86  $412  D4211  $149.23  $159  D4240  $473.55  $484  D4241  $400.18  $410  D4341 D4342  $162.57 $94.56  $173 $105    Scaling in presence of generalized moderate or severe gingival inflammation full mouth, after oral evaluation Full mouth debridement to enable comprehensive evaluation and diagnosis Periodontal maintenance Complete denture- maxillary Complete denture mandibular Immediate denture- maxillary Immediate denture mandibular Maxillary partial denture resin base Mandibular partial denture- resin base Adjust complete denture maxillary Adjust complete denture mandibular Adjust partial denture maxillary Adjust partial denture mandibular Repair broken completed denture base, mandibular Repair broken completed denture base, maxillary Replace missing or broken teeth complete denture (each tooth) Repair resin partial denture base, mandibular Repair resin partial denture base, maxillary Repair cast partial framework, mandibular Repair cast partial framework, maxillary Repair or replace broken clasp Replace broken teeth per tooth Add tooth to existing partial denture  D4346 D4355 D4910 D5110 D5120 D5130 D5140 D5211 D5212 D5410 D5411 D5421 D5422 D5511 D5512 D5520 D5611 D5612 D5621 D5622 D5630 D5640 D5650  $61.61 $108.94 $80.19 $945.65 $945.65 $1,025.84 $1,025.84 $701.29 $701.29 $51.44 $51.44 $51.44 $51.44 $124.75 $124.75 $105.15 $124.75 $124.75 $169.46 $169.46 $239.30 $102.74 $128.60  $72 $119 $90] $956 $956 $1,036 $1,036 $711 $711 $61 $61 $61 $61 $135 $135 $115 $135 $135 $179 $179 $249 $113 $139    Add clasp to existing partial denture Reline complete maxillary denture (chairside). Reline complete mandibular denture (chairside) Reline maxillary partial denture (chairside) Reline mandibular partial denture (chairside) Reline complete maxillary denture (laboratory) Reline complete mandibular denture (laboratory) Reline maxillary partial denture (laboratory) Reline mandibular partial denture (laboratory) Add metal substructure to acrylic full denture (per arch) Pediatric partial denture, fixed Extraction, coronal remnants deciduous tooth Extraction, erupted tooth or exposed root Surgical removal of erupted tooth Removal ofi impacted tooth soft tissue Removal of impacted tooth partially bony Removal ofi impacted tooth- completely bony Removal of impacted tooth completely bony, with unusual surgical complications Surgical removal ofr residual tooth roots (cutting procedure) Coronectomy intentional partial tooth removal Oroantral fistula closure  D5660 D5730 D5731 D5740 D5741 D5750 D5751 D5760 D5761 D5876 D6985 D7111 D7140 D7210 D7220 D7230 D7240  $192.99 $219.39 $219.39 $215.61 $215.61 $279.16 $279.16 $272.35 $272.35 $118.57 $554.53 $83.37 $102.74 $176.62 $200.93 $268.41 $312.65  $203 $229] $229 $226 $226 $289 $289 $282 $282 $129 $565 $93 $113 $187 $211 $278 $323  D7241 D7250 D7251 D7260  $375.18 $192.58 Manual Pricing $615.82  $385 $203 #VALUE! $626    Tooth reimplantation and/or stabilization of accidentally evulsed or displaced tooth Surgical access of an unerupted tooth Placement of device to facilitate eruption of impacted tooth Biopsy of oral tissue hard (bone, tooth) Biopsy of oral tissue soft (all others) Brush biopsy transepithelial sample collection Harvest of bone for use in autogenous grafting procedure Alveoloplasty in conjunction with extractions four or more tooth spaces, per quadrant Alveoloplasty in conjunction with extractions one to three tooth spaces, per quadrant Alveoloplasty noti in conjunction with extractions -four or more tooth spaces, per quadrant Alveoloplasty noti in conjunction with extractions -one to three tooth spaçes, per quadrant Vestibuloplasty ridge extension (secondary epithelialization) Vestibuloplasty ridge extension (including soft tissue grafts) Excision of benign lesion up to1 1.25 cm Excision of benign lesion greater than 1.25 cm  D7270 D7280 D7283 D7285 D7286 D7288 D7295  $341.82 $307.63 $345.99 $220.90 $174.93 $174.93 Manual Pricing  $352 $318 $356 $231 $185 $185  #VALUE!  D7310  $166.44  $176  D7311  $155.62  $166  D7320  $242.84  $253  D7321 D7340 D7350 D7410 D7411  $217.87 $846.97 $1,569.10 $261.10 $341.95  $228 $857 $1,579 $271 $352    Excision of benign lesion, complicated Excision of malignant lesion up to 1.25 cm Excision of malignant lesion greater than 1.25 cm Excision of malignant lesion, complicated Excision of malignant tumor lesion diameter up to 1.25 Excision of malignant tumor - lesion diameter greater than 1.25 cm Removal of benign odontogenic cyst or tumor- lesion diameter up to 1.25 cm Removal of benign odontogenic cyst or tumor- lesion diameter greater than! 1.25 cm Removal of benign nonodontogenic. cyst or tumor - lesion diameter up to1 1.25 cm Removal of benign nonodontogenic cyst or tumor lesion diameter greater than 1.25 cm Destruction of lesion(s) by physical or chemical method, by report Removal ofl lateral exostosis (maxilla or mandible) Removal of torus palatinus Removal oft torus mandibularis Surgical reduction of osseous tuberosity Radical resection of mandible with bone graft Incision and drainage of abscess intraoral soft tissue Incision and drainage of abscess extraoral soft tissue  D7412 D7413 D7414 D7415 D7440 D7441  $450.88 $375.22 $549.23 $658.17 $302.61 $540.37  $461 $385 $559 $668 $313 $550  cm  D7450  $287.47  $297  D7451  $368.42  $378  D7460  $382.11  $392  D7461 D7465 D7471 D7472 D7473 D7485 D7490 D7510 D7520  $572.19 $226.20 $364.94 $423.65 $421.37 $379.77 $4,800.10 $179.49 $385.98  $582 $236 $375 $434 $431 $390 $4,810 $189 $396    Removal of foreign body from mucosa, skin or subcutaneous alveolar tissue Removal ofr reaction producing foreign bodies, musculoskeletal system Partial stectomyseguestrecomy for removal of non-vital bone Maxillary sinusotomy for removal of tooth fragment orf foreign body Maxilla open reduction (teeth immobilized, if present) Maxilla closed reduction (teeth immobilized, if present) Mandible open reduction (teeth immobilized, if present) Mandible closed reduction (teeth immobilized, if present) Malar and/or zygomatic arch- open reduction Malar and/or zygomatic arch closed reduction Alveolus closed reduction, may include stabilization of Facial bones complicated reduction with fixation and multiple surgical approaches Maxilla open reduction Maxilla closed reduction Mandible - open reduction Mandible closed reduction Malar and/or zygomatic arch- open reduction Malar and/or zygomatic arch closed reduction. Alveolus open reduction stabilization of teeth  D7530 D7540  $204.26 $378.26  $214 $388  D7550 D7560 D7610 D7620 D7630 D7640 D7650 D7660 D7670  $492.51 $618.83 $2,477.60 $1,946.51 $2,441.28 $1,917.76 $2,215.08 $1,882.22 $770.13  $503 $629 $2,488 $1,957 $2,451 $1,928 $2,225 $1,892 $780  teeth  D7680 D7710 D7720 D7730 D7740 D7750 D7760 D7770  $3,718.28 $2,609.98 $1,900.36 $2,647.81 $2,050.16 $2,334.61 $2,584.26 $1,513.03  $3,728 $2,620 $1,910 $2,658 $2,060 $2,345 $2,594 $1,523    Facial bones complicated reduction with fixation and multiple surgical approaches Open reduction of dislocation Closed reduction of dislocation Manipulation under anesthesia Condylectomy Surgical discectomy, with/without implant Joint reconstruction Arthrotomy Arthroplasty Arthrocentesis Arthroscopy diagnosis, with or without biopsy Arthroscopy surgical: lavage and lysis of adhesions Suture of recent small wounds up to 5 cm Complicated suture up to 5cm Complicated suture- greater than 5 cm Skin graft Osteoplasty- for orthognathic deformities Osteotomy mandibular rami Osteotomy mandibular rami with bone graft; includes obtaining the graft Osteotomy segmented or subapical Osteotomy body of mandible LeFort I(maxilla total) LeFort I (maxilla segmented) LeFort Il or LeFort III- without bone graft LeFort Il or LeFort III - with bone graft  D7780 D7810 D7820 D7830 D7840 D7850 D7858 D7860 D7865 D7870 D7872 D7873 D7910 D7911 D7912 D7920 D7940 D7941  $4,452.86 $2,417.08 $295.04 $387.34 $3,126.68 $3,151.65 $2,163.25 $964.41 $1,629.82 $200.48 $750.09 $892.78 $270.09 $419.63 $520.80 $1,382.16 $2,248.52 $5,876.84  $4,463 $2,427 $305 $397 $3,137 $3,162 $2,173 $974 $1,640 $210 $760 $903 $280 $430 $531 $1,392 $2,259 $5,887  D7943 D7944 D7945 D7946 D7947 D7948 D7949  $5,412.45 $4,495.37 $4,668.80 $5,475.82 $5,535.02 $6,337.88 $7,279.14  $5,422 $4,505 $4,679 $5,486 $5,545 $6,348 $7,289    Osseous, osteoperiosteal, or cartilage graft of the mandible or maxilla Repair of maxillofacial soft and hard tissue defect Frenulectomy (frenectomy or frenotomy) - separate procedure Frenuloplasty Excision of pericoronal gingiva Surgical reduction of fibrous tuberosity Sialolithotomy Excision of salivary gland, byn report Sialodochoplasty Closure of salivary fistula Emergency tracheotomy Coronoidectomy Comprehensive orthodontic treatment of the transitional dentition (banding) Comprehensive orthodontic treatment of the adolescent dentition Periodic orthodontic treatment visit (as part of contract) Orthodontic retention (removal of appliances, construction and placement of retainer(s)) Palliative (emergency) treatment of dental pain minor procedure Deep sedation/general. anesthesia First 15 minutes Deep sedation/general anesthesia each 15 minute increment Analgesia, anxiolysis, inhalation of nitrous oxide  D7950 D7955 D7960 D7963 D7971 D7972 D7979 D7980 D7981 D7982 D7983 D7990 D7991  $1,554.65 $1,984.37 $285.97 $435.51 $247,03 $416.09 $492.76 $870.79 $943.37 $620.35 $699.77 $2,224.15  $1,565 $1,994 $296 $446 $257 $426 #VALUE! $503 $881 $953 $630 $710 $2,234  Non-surgical sialolithotomy Manual Pricing  D8070 D8080 D8670  Manual Pricing $1,323.85 $155.62  #VALUE!  $1,334 $166  D8680 D9110 D9222 D9223 D9230  Manual Pricing $68.84 $108.93 $108.93 $69.48  #VALUE!  $79 $119 $119 $79    Intravenous moderate (conscious) sedatonanagesa-fistl 15 minutes Intravenous moderate (conscious) sedation/analgesia: each 15 minute increment Houselextended care facility call Hospital call Office visit after regularly scheduled hours Therapeutic parenteral drug, single administration Therapeutic parenteral drugs, two or more administrations, different medications Infiltration of sustained released therapeutic drug- single or multiple sites Other drugs and/or medicaments, by report Teledentistry- synchronous; real-time encounter  D9239  $110.78  $121  D9243 D9410 D9420 D9440 D9610  $110.78 $121.05 $191.37 $94.56 $56.74  $121 $131 $201 $105 $67  D9612 D9613 D9630 D9995  $93.80 Manual Pricing $24.58 91.88  $104  #VALUE!  $35 $102    Macon County 2022 Holiday Schedule Observance Date December 31 January 17 April 15 May 30 July 4 September 5 November 11 November 24 &25 December 23,26827  Holiday New Year's Day Martin Luther King Jr. Birthday Good Friday Memorial Day Independence Day Labor Day Veterans Day Thanksgiving Christmas  Day of Week Friday Monday Friday Monday Monday Monday Friday  Thursday/Friday Friday, Monday & Tuesday  NOTE: Observance dates follow North Carolina Office of State Human Resources  schedule