AGENDA Sawmills Town Hall Tuesday, February 20, 2024  Regular Meeting of the Sawmills Town Council  6:00 pm  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Town Planner Dustin Millsaps Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  A. January 16, 2024 Regular Meeting Minutes B. February 6, 2024 Regular Meeting Minutes C. February 6, 2024 Budget Retreat. Minutes 6. Public Hearing: Text. Amendment A. Open] Public Hearing B. Staffc CommenyRecommenditons Public Comment D. Close Public Hearing E. Council Action 7. Public Comment 8. Recognitions: A. Recycle Rewards 9. Financial:  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  A. Uniform Guidance Conflict of Interest Policy B. Caldwell County Schools Donation Request  10. Public Comment 11. Updates:  A. Code Enforcement Report B. Manager Updates Council Comment  Mayor Keith Warren Town Manager Chase Winebarger Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  12. Closed Session: N.C.G.S. $143-318.110a)0)  13. Adjourn    Page 1 of1  TUESDAYJANUARY 16, 2024  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:001 PM  COUNCIL PRESENT Clay Wilson Bobby Mosteller COUNCIL ABSENT Mayor Keith Warren Joe Wesson Rebecca Johnson Melissa Curtis 6:00pm.  STAFF PRESENT Julie. A Good  CALLTO ORDER: Councilman Clay Wilson called the meeting to order at approximately  Councilman Clay Wilson stated that there were not enough Council members to make a quorum, therefore, the meeting would be adjourned and all Town business would be conducted at the next special scheduled Town of Sawmills Council meeting on Tuesday,  February 6, 2024.  The meeting was adjourned at approximately 6:05pm.  Keith Warren, Mayor  Julie A. Good, Town Clerk    February 6, 2024 Page 1 of4  TUESDAY, FEBRUARY 6, 2024  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00PM  COUNCIL PRESENT Mayor Keith Warren Clay Wilson Bobby Mosteller Rebecca Johnson Joe Wesson COUNCIL ABSENT Melissa Curtis  STAFF PRESENT Chase Winebarger Julie. A Good Terry Taylor Kelly Melton  CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately  9:02am.  INVOCATION: Pastor Danny Wright gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Keith Warren led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Keith Warren asked for a motion to adopt the February 6, 2024 Agenda with the following amendments: move Item 11A Code Enforcement Report to Item Clay Wilson made a motion, and Bobby Mosteller seconded, to adopt the February 6, 2024  6.  amended Agenda. All were in favor.  APPROVE DECEMBER 19, 2023 REGULAR MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the December 19, 2023 regular meeting minutes. Clay Wilson made a motion, and Bobby Mosteller seconded, to approve the December 19,  2023: regular meeting minutes. All were in favor.  UDATES:  CODE: ENFORECEMENT REPORT: Town Code Enforcement Officer Curt Willis stated    February 6, 2024 Page 2 of4  that he had received a code enforcement violations regarding Cloninger Way from the Caldwell County Sheriff's Department. Town Code Enforcement Officer Curt Willis stated that he has looked at the property and sent Notice ofViolations letters out with at time limit of two (2) weeks. Town Code Enforcement Officer Curt Willis stated that he would have an update during the regularly scheduled February 20, 2024 Town of Sawmills Council meeting. PUBLICCOMMENT: Mayor Keith Warren askedi ifanyone had any questions or comments  at this time. No one wished to speak. RECOGNITIONS:  JANUARY RECYCLE REWARDS WINNER: Mayor Keith Warren announced James Lail as the January Recycle Rewards Winner. A credit of forty dollars ($40.00) will be added  to the current sanitation bill. No Council action was required. FINANCIAL MATTERS:  APPROVE AUDITOR CONTRACTFORFORFY2023-2024: Mayor Keith Warren stated that stated that the current contract with the Town auditors Lowdermilk, Church & Co., L.L.P. needs to be renewed. The renewal contract will cover the period ofJuly 1, 2023 to. June 30, Clay Wilson made a motion, and Rebecca Johnson seconded, to approve a renewal contract with the Town auditors Lowdermilk, Church & Co, L.L.P. in the amount of $13,500.00 (thirteen thousand five hundred dollars), will cover the period of. July 1, 2023 to June 30,  2024.  2024. All were in favor.  FINANCIAL REPORT AS OF DECEMBER 31, 2023: Finance Officer Kelly Melton Int the General Fund the Revenue Line item has used 37.79% (thirty-seven point seventy-nine percent) ofthe FY: 2023/2024 budget and thel Expenditures Linei item has used 31.83% (thirty- Int the Water/Sewer Fund the Revenue Line item has used 44.96% (forty-four point ninety-six percent) oft the FY 2023/2024 budget and the Expenditures Linei item has used 45.16%( (forty- In the Capital Project-Town Hall Line item Architect has used 10.33% (ten point thirty-three  stated that as of December 31, 2023 that:  one point eighty-three percent) ofthe FY 2023/2024 budget.  five point sixteen percent) of the FY 2023/2024 budget.  percent) oft the FY 2023/2024 budget.    February 6, 2024 Page 3 of4  In the Capital Project-South Caldwell Sewer Pump Station Elevation Project Line item has  used 0% (zero percent) oft the FY 2023/2024 budget.  FEMA BUILDING RESILIENT INFRASTRUCTURE & COMMUNITIES (BRIC) PROJECT SOUTH CALDWELL SEWER PUMP STATION ELEVATION PROJECT STATEMENT OF QUALIFICATIONS FOR ENGINEERING SERVICES: Mayor Keith Warren stated that on November 16, 2023, the Town of Sawmills was awarded the Building Resilient Infrastructure and Communities (BRIC) Grant. The project is the for the South Caldwell Sewer Pump Station Elevation Project. The grant agreement is between the State ofNorth Carolina, Department of Public Safety ("Grantee"): and the Town of Sawmills, North Carolina ("SubGrantee).  In accordance with the Uniform Guidelines, there must be some formal publication ofthe Request For Qualifications (RFQ) for Engineering Services. Staff posted the BRIC Engineering Services RFQ on the North Carolina Electronic Vendor Portal and the Town of Sawmills Website, with qualifications being due by 2:00pm on Thursday, January 4, 2024. The Town received one qualification statement from West Consultants, PLLC.  Clay Wilson made a motion, and Rebecca Johnson seconded, to award West Consultants, PLLC, the engineering contract for the South Caldwell Sewer Pump Station Elevation  Project. All were in favor.  PLANNING MATTERS:  CALL FOR PUBLIC HEARING FOR TEXT AMENDMENT: Town Planner Dustin Millsaps stated that this text amendment was done to: make changes the existing Watershed Ordinance for various things. This is anything from small changes that clarify language and particular ordinances with just minor changes. Mostly all changes that are being recommended, were recommended by the state model ordinance. Planning Board also recommended these changes to the Watershed Ordinance. Refreshing this document will help ensure that the citizens of Sawmills can have more clarification when pertaining to the interpretation oft the Watershed Ordinance, and we have the best possible recommendations Clay Wilson made ai motion, and Rebecca Johnson seconded, to hold aj public hearing for text amendment at the regularly scheduled February 20, 2023 Council meeting. All were in  from the state.  favor.  REZONING OF PIN NUMBERS 2766657929, 2766666171, 2766667200, 2766668126, 2766659938 AND 2766658939: Mayor Keith Warren stated that a public hearing for the    February 6, 2024 Page 4 of4  rezoning of pin numbers 2766657929, 2766666171, 276906072002709004126. 2766659938 and 2766658939, was held during the regularly scheduled Town of Sawmills Council meeting on August 15,2023, at which time Council tabled this matter to the regularly scheduled Town of Sawmills Council meeting on September 19, 2023. During the regularly scheduled Town ofSawmills Council: meeting on September 19,2023, Council agreed to table this matter until the December 19, 2023 regularly scheduled Town of Sawmills Council meeting. During the December 19, 2023 regularly scheduled Town of Sawmills Council meeting, Council agreed tot table this matter until the regularly scheduled January 16, 2024 Town of Sawmills Council Clay Wilson made a motion, and Bobbly Mosteller seconded, to table this matter until the regularly scheduled Town of Sawmills Council meeting on May 21, 2024. All were in favor.  meeting.  COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn.  Joe Wesson made ai motion, and Rebecca Johnson seconded, to adjourn the meeting. All were  ini favor.  The meeting was adjourned at approximately 9:37am.  Keith Warren, Mayor  Julie A. Good, Town Clerk    TUESDAY, FEBRUARY 6, 2024  TOWN OF SAWMILLS ANNUAL BUDGET RETREAT  9:00 AM  COUNCIL PRESENT Mayor Keith Warren Clay Wilson Rebecca Johnson Bobby Mosteller Joe Wesson COUNCIL ABSENT Melissa Curtis  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Kelly Melton  CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately  9:5lam.  INVOCATION: Councilman Bobby Mosteller gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Keith Warren led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Keith Warren asked for a motion to adopt the February 6, 2024 Rebecca Johnson made a motion, and Clay Wilson seconded, to adopt the February 6, 2024  Budget Retreat Agenda.  Budget Retreat Agenda. All were in favor.  FINANCIAL UPDATES: DISCUSSION: Finance Officer Kelly Melton stated that as of Int the General Fund the Revenue Linei item has used 37.79% (thirty-seven point seventy-nine percent) ofthel FY2023/2024 budget and the Expenditures Line item has used 31.83% (thirty- Int the Water/Sewer Fund the Revenue Linei item has used 44.96% (forty-four point ninety-six percent) ofthe FY 2023/2024 budget and thel Expenditures Linei item has used 45.16% (forty- Int the Capital Project-Town Hall Line item Architect has used 10.33% (ten point thirty-three In the Capital Project-South Caldwell Sewer Pump Station Elevation Project Line item has  December 31, 2023 that:  one point eighty-three percent) ofthel FY 2023/2024 budget.  five point sixteen percent) oft the FY 2023/2024 budget.  percent) ofthe FY 2023/2024 budget.  used 0% (zero percent) oft the FY 2023/2024 budget.    February 6,2024 Budget Retreat  TOWN MANAGER UPDATES:  Town Manager Chase Winebarger stated he had talked with Sawmills Elementary School regarding playground equipment. Town Manager Chase Winebarger stated that hel has learned that the Caldwell County Board of] Education does not give schools money tol buy playground equipment, but the PTA at the school can ask for donation and do fundraisers to raise the  money for playground equipment.  FINANCIAL UPDATES: PARKS AND RECREATION: official list yet, but that the following has been discussed:  Town Manager Chase Winebarger stated that Parks and Recreation has not put together an  Scoreboard: The scoreboard for the 300' field has been purchased but there need tol be power run to the scoreboard. Town Manager Chase Winebarger stated that he would like to run power to a stand like the one at the Farmers Market field for other uses on the 300' field. Town Manager Chase Winebarger stated he would get amounts for this Town Manager Chase Winebarger stated that he would like to price and purchase weather warning systems for both Baird and Veterans Parks. Town Manager Chase Winebarger stated that there would be at tone: for everyone to get out ofthe parks during an major weather event and then a different tone would sound when it is safe to return Town Manager Chase Winebarger stated that with the installation ofl lights at Veterans Park, flag football will be played on the football field. Town Manager Chase Winebarger stated that there will need to be additional bleachers bought for the flag Town Manager Chase Winebarger stated that the bank has been cleared on the 300' field at Baird Park and as soon as it warms up, that the bleachers will be installed and Town Manager Chase Winebarger stated that he intends to give officials a increase in Town Manager Chase Winebarger stated that the amounts for the covered area at the playground at Baird Park have all come in higher then expected sO he is not sure if Town Manager Chase Winebarger Chase Winebarger stated that he has had some Town Manager Chase Winebarger stated that there is a 50'x100' covered area at the new Parks and Recreation building that for minimal cost cand been converted into an indoor batting facility for Townof Sawmills teams. Town Manager Chase Winebarger stated that he would like to have an additional parent waiting room with a television off from the batting facility for parents to be able to wait on their children and watch Town Manager Chase Winebarger stated that he would like to look into starting a  project and that the project might span over multiple budget years.  to the parks, along with signage explaining the process.  football league.  ai new: set will need to be purchased for that field as well.  pay this year.  that will be possible this fiscal year.  interest inj pickleball and will get some amounts for a court.  them at the same time.  wresting league ift there is minimal cost and enough interest.    February 6, 2024 Budget Retreat  FINANCIAL UPDATES: PUBLIC WORKS: yet, but that the following has discussed:  Town Manager Chase Winebarger stated Public Works has not put together an official list  Town Manager Chase Winebarger stated that a new pole shed will need to bel built on the new Public Works property for some equipment. Town Manager Chase Winebarger stated that he would have a size and cost estimates at the next budget Town Manager Chase Winebarger stated that the bucket truck at Public Works is over Town Manager Chase Winebarger stated that he has received a petition for Leonard Bumgarner on Mill Drive, asking that the Town of Sawmills take make Mill Drive a Town street. Town Manager Chase Winebarger stated that Mr. Bumgarner is willing to give the Town property to put a cul-de-sac on. Town Manager Chase Winebarger stated that he purposes that the Council take the road and pave it. Town Manager Chase Winebarger stated he would purpose that the paperwork and all easements get done during fiscal year 2024/2025 and that the paving and any waterline work would Town Manager Chase Winebarger stated that after thel Mill Drive project is completed, that the Town look at adding Ellen Street and Holly Springs Drive as Town: maintained Town Manager Chase Winebarger stated that the Town was having problems with a house on Crystal Drive again. Town Manager Chase Winebarger stated that the same individual that stated the Republic driver hit his car last year, has now stated that the Republic driver ran over the water meter. Town Manager Chase Winebarger stated that he went and looked at the meter and could not tell ifit had been ran over with a trash truck or not. Town Manager Chase Winebarger stated that the next step is to have all the individuals that live on Crystal Drive to bring their trash cans to US Highway 321A and the Republic truck not go up the road because it is not a Town Town Manager Chase Winebarger stated that there is still money in the budget to finish the waterline from Withers Drive to Sunrise Baptist Church on Mission Road. Town Manager Chase Winebarger stated, ifit is possible, that he would like to see if wec could get the same company that did the waterline work on Baker Circle and Shoun Town Manager Chase Winebarger stated that there are a few patching projects that have been talked about for fiscal year 2024/2025. Town Manager Chase Winebarger Town Manager Chase Winebarger stated that Public Works Director Steve Coonse is working on al list ofitems that is no longer needed at public works sO that they can be auctioned off. Town Manager Chase Winebarger stated that Public Works Director  meeting.  ten (10) years old and needs to be replaced.  be done during the fiscal year 2025/2026.  streets.  road.  Drive to finish the waterline on Mission Road.  stated he would get a list together during the budget process.  Steve Coonse should have that list soon.    February 6, 2024 Budget Retreat  FINANCIAL UPDATES: GENERAL: the following has been discussed:  Town Manager Chase Winebarger stated that an official list has not yet been put together, but  Town Manager Chase Winebarger stated that he proposes a minimum of 5% (five percent) salary increase for employees this year. Town Manager Chase Winebarger stated that the Town of Granite and the Town of Hudson have recently completed salary studies and he will do an inhouse salary study to see where the Town of Sawmills is and bring that information to Council before salary increases are finalized. Town Manager Chase Winebarger stated that the Town will have fireworks this year. Town Manager Chase Winebarger stated that the nuisance abatement amount will Town Manager Chase Winebarger stated that the Town will have costs related to the Town Manager Chase Winebarger stated that the Town of Granite would like to sale the Town of Sawmills the South Caldwell sewer pump station. Town Manager Chase Winebarger stated that he will speak to the Town of Granite more about the pump  need to be increased this year. Evergreene project this year.  station and then bring it to Council.  MOBILE HOMES: Town Manager Chase Winebarger stated that he has spoken with Town Attorney Terry Taylor and Town Planner Dustin Millsaps regarding noncompliance Mobile Home Ordinances. Town Manager Chase Winebarger stated that he would like to work with Town Attorney Terry Taylor and Town Planner Dustin Millsaps to see ifthe ordinances need tol be changed. Town Manager Chase Winebarger stated that there are 36 (thirty-six) mobile home parks in the Town of Sawmills and only nineteen (19) are in compliance with the 2000 Town Manager Chase Winebarger stated that he would like to make the Mobile Home Ordinance that states that ifar mobile home isi moved out then the owner has 120 (one hundred twenty) days to replace the home or the whole park will need to be brought up to date more understandable. Town Manager Chase Winebarger stated that the 120 (one hundred twenty)  Mobile Home ordinances.  days starts when the mobile home is moved out.  FINANCIAL UPDATES: ASSUSTANT TOWN MANAGERPLANNER  Town Manager Chase Winebarger stated that he would like tol hire an assistant town manager/ planner to work from the TownHall instead of continuing to contract planning and stormwater services from the Western Piedmont Council of Governments (WPCOG). Town Manager Chase Winebarger stated that he would like to hire someone that will do planning and stormwater, plus help with town manager duties and other responsibilities assigned by the Town Manager. Town Manager Chase Winebarger stated that he would have more details plus salary expenses available for Council during the upcoming budget meetings.    February 6, 2024 Budget Retreat  COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn.  Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  were in favor.  The meeting was adjourned at approximately 11:50am.  Keith Warren, Mayor  Julie A Good, Town Clerk    MAYOR Keith Warren Town Manager Chase Winebarger  TOWN COUNCIL Melissa Curtis, Mayor Pro-Tem Clay Wilson Rebecca Johnson Joe Wesson Bobby Mosteller  Samll  TOWN COUNCIL February 13th,2024 6:00 PM  PLANNERSSTAFF REPORT  Attachment. A - Proposed Watershed Ordinance Changes  Background  This text amendment was done to make changes the existing Watershed Ordinance for various things. This is anything from small changes that clarify language and particular ordinances with just minor changes. Mostly all changes that are being recommended, were recommended by the state model ordinance. All the text that has been proposed to be added is signified by being in highlighted in yellow, all oft the text that is being removed from the ordinance is in red text and  struek! through. la/recommendation  Staff recommends that the Sawmills Town Council adopt these Watershed Ordinance changes and reductions to the Sawmills Watershed Ordinance. Planning Board also recommended these changes to the Watershed Ordinance. Refreshing this document will help ensure that the citizens of Sawmills can have more clarification when pertaining to the interpretation of the Watershed Ordinance, and we have the best possible recommendations from the state.  4076 US Highway: 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  tp/www.towno'sawmils.com  The Town of Sawmills does noto discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, or marital  status.    200  Sawmills-Land Usage  CHAPTER 155: WATER SUPPLY WATERSHED PROTECTION REGULATIONS  General Provisions; Scope  $155.01 Authority and enactment $155.02 Jurisdiction $155.03 Exceptions to applicability $155.04 Expansions to existing structures $155.05 Reconstruction ofbuildings or built-uponareas $155.06 Exemption ofpre-existing vacant lots $155.07 Interpretation $155.08 Conflict of provisions $155.09 General definitions $155.10 Word interpretation $155.11 Procedure for amendments $155.12 Application of Regulations  General Regulations; Administration  $155.25 Buffer areas required  $155.26 Rules governing the interpretation of watershed area boundaries $155.27 Watershed Administrator and duties thereof $155.28 Appeal from the Watershed Administrator $155.29 Estabilshment of Watershed Review Board $155.30 Powers and duties of the Watershed Review Board $155.31 Appeals from the Watershed Review Board  Standards  $155.45 High density development standards $155.46 High density development permit application $155.47 Stormwater control structures $155.48 Watershed Areas Allowed and Not Allowed Uses $155.49 Watershed Areas Density and Built-Upon Limits $155.50 Density Averaging $155.51 Cluster Development  Maintanance; Inspections and Enforcement  $155.60 Posting of financial security required $155.61 Maintenance and upkeep $155.62 Application andi inspection fees $155.63 Inspections and release oft the pertormance bond $155.64 Sanctions $155.65 Public Health, In General $155.66 Abatement  Penalties  $155.99 Penalty    GENERALPROPSIONS: SCOPE  I 155.01 AUTHORITY AND ENACTMENT  The Legislature of the State ofNorth Carolina has, in G.S. Chapter 160A, Article 8, Delegation and Exercise of General Police Power pARPi Develepment; and in G.S. Chapter 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety and general welfare ofits citizenry. In addition, GS 160D- 926 and G.S. 143-214.5 specifically authorize local governments to enact and enforce water supply watershed management regulations. The town does hereby ordain and enact into law the following chapter as the Watershed Protection Regulations of Sawmills, North Carolina.  (Ord. S 170A,passed 2-19-2008) 81 155.02 URISDICTION,  The provisions ofthis chapter shall apply within the overlay zones designated as Water Supply Watershed by the N.C. Environmental Management Commission and shall be apublie- Watersupply-watershed-as-defined and established on the-Oflieial-Zoning water supply watershed protection map and on the Official Zoning Map of the town as watershed the overlay zones being adopted simultaneously herewith. The Watershed Map and all explanatory matter contained thereon accompanies and is hereby made aj part of this chapter. This chapter shall be permanently kept on file in the office ofthe Town Clerk.  (Ord.si70B,passed: 2-19-2008)  $155.03 EXCEPTIONS TOAPPLICABILITY.  W-PeepmesMeNASA-adaidestrwpinee im-akwswswwtwepiwaisaaNw  ehapter  aiimgdmepmaa-staweee sflsa---adeee dvelpmamttmerywafairdhpphwewr-lheluil-upanarw oflhecwisingdevelepmnheiwiainedamsiyeaieulaiems- AMSTACDEHRLOPNMENFAA--w Prts-haaisminimusilewiguatwasof heetive-dateefihsahpierhasskomenatlaustameaflhe-follewingerierint -Hamngepaaiahwwtwmawhaal tAsewalwwepens  PeMNRepees  e-HavingmnouistanewtirepdhyG.S-I60A  385.1;0F    202  Savmils-LandUage  -luingmeppewwiapaiphwelepmemplms  Hheized-by-G.S--160A-385-4 0ANGP-3y  (A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions oft the Code of Ordinances oft the Town of Sawmills; however, the adoption ofthis Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the Town of Sawmills at the time ofthe adoption of this Ordinance that may be construed to impair or reduce the effectiveness oft this Ordinance or to conflict with any ofits (B) Iti is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, ift the provisions oft these regulations impose greater restrictions or higher standards for the use ofal building or land, then the provisions oft these (C) Existing Development, as defined in thisordinance, is not subject to the requirements oft this (D) Ifa Non-Conforming Lot of Record is not contiguous to any other lot owned by the same party, then that lot ofrecord shall not be subject to the development restrictions ofthis ordinance ifiti is developed for single-family residential purposes. The Town of Sawmills requires the combination ofcontiguous nonconforming lots of record owned by same party to establish a lotor (E) Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to the land use requirements (including impervious surface requirements) oft these rules, except that such a lot or parcel must meet the minimum buffer  provisions.  regulations shall control.  ordinance.  lots that meet requirements within S 155.04 oft this ordinance.  requirements to the maximum extent practicable  $155.04 EXPANSIONS TO EXISTING STRUCTURES.  Fyistsswdawepmemkmwwe w--miagayew  aAy  OR--170D,passed-2-19-2998)  Expansions to existing development must meet the requirements of this ordinance, except single family residential development unless expansion is part of common plan of development. In an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase of built upon area, only the area of net increase iss subject to this ordinance. Where existing development is being replaced with new built upon area, and there is net increase ofbuilt upon area, only areas of net increase shall be subject to this  ordinance.    $155.05 RECONSTRUCTION OF BUILDINGS OR BUILT-UPON AREAS. Any existing building or built-upon area not in conformance with the restrictions ofthis chapter that has been damaged or removed may be repaired and/or reconstructed, except that there are: no restrictions on single-family residential  development, provided:  (A) Repair or reconstruction is initiated within 12months and completed within (B) The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.  two years oft the damage; and/or  Oasi0Epasd21paay  S1 155.06 EXEMPTION OFI PRE-EXISTING VACANTLOTS.  Aj pre-existing vacant lot owned by an individual prior to the effective date ofthis chapter, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions ofthis chapter, provided the property is zoned for this use. However, this exemption is not applicable to multiple contiguous lots under single ownership unless the total impervious surface established on those lots does not exceed the built-upon limits provided herein.  (Ord. $ 170F, passed 2-19-2008) $155.07 INTERPRETATION.  Nothing contained herein shall repeal, modify or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision ofthis chapter amend, modify the code ofordinances of the town; however, the adoption ofthis chapter shall and does amend any and all ordinances, resolutions and regulations in effect in the town at the time of the adoption ofthis chapter that may be construed to impair or reduce the effectiveness of  or restrict any provisions of  this chapter or to conflict with any ofi its provisions.  (Ord. $170G, passed 2-19-2008)  S1 155.08 CONFLICT OF PROVISIONS.  Itjsnot intended that these regulations interfere with any easement, covenants or other agreements between parties. However, ift the provisions of these regulations impose greater restrictions or higher standards for the use of ab building or land, then the provisions ofthese  regulations shall control. (Ord. S 170H, passed 2-19-2008)    204  Sawmills-Land Usage  $155.09 GENERAL DEFINITIONS.  For the purpose oft this chapter, the following definitions shall apply unless the context AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm BALANCE OF WATERSHED (BW). The area adjoining and upstream oft the critical area ina WS-II and WS-III water supply watershed. The "balance of watershed" is comprised ofthe entire land area contributing surface drainage to the stream, river, or reservoir where a water  clearly indicates or requires a different meaning.  purposes.  supply intake is located.  BEST MANAGEMENT PRACTICES (BMPs). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.  BUFFER An area ofi natural or planted vegetation through which stormwater runoff flows in a diffuse manner sO that the runoff does not become channelized and which provides for infiltration of the runoff and filtering or pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of  each side of streams or rivers.  BUILDING. Any structure having ai roof supported by columns or by walls, and intended for shelter, housing or enclosure ofpersons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other open structure, with or without ai roof, shall not be deemed to make them one. BUILDING. BUILT-UPON AREA. The portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities and the like, excluding wooden slatted decks and the water area ofa CLUSTER DEVELOPMENT: The grouping of buildings in order to conserve land resources and provide for innovation in the design of thej project. This term includes nonresidential development as well as single-family residential subdivisions and multi-  swimming pool.  family developments that do not involve the subdivision ofland.  COMMON PLAN OF DEVELOPMENT site with multiple lots where there is a single development plan for all oft the lots, usually represented by a master plan or a set of  recorded declarations of restrictive covenants and conditions.  CRITICALAREA (CA). The portion of a state designated water supply watershed which is one- half mile and draining to water supplies from the normal pool elevation ofreservoirs, DEVELOPMENT: Any land disturbing activity which adds to or changes the amount ofi impervious or partially impervious cover on a land area, or which otherwise decreases  or one-half mile and draining to ariver intake.  the infiltration of precipitation into the soil.    DWELLING UNIT. Al building, or portion thereof, providing completeandpermanent EXISTINGDEVELOPMENT: Those projects that are built ort those projects that ata minimum have established a vested right under state: zoning law as ofthe effective date of  living facilities for onei family.  this chapter based on at least one ofthe following criteria:  (1) Having expended substantial ofresources (time, labor, money) based on a good-faith reliance upon having received a valid local government approval toj proceed  with the project;  (2) Having an outstanding valid building permit as authorized by G.S. S 153A-344.1 (3) Having an approved site-specific or phased development plan as authorized EXISTING LOT (LOT OFRECORD). A lot which is part of a subdivision, aplat of which has been recorded with the County Register of Deeds prior to the adoption ofthis chapter, or a lot described by metes and bounds, the description of which has been SO  and G.S.S 160A-385.;0 or  by G.S. 8 153A-344.1 and G.S. $ 160A-385.1.  recorded prior to the adoption ofthis chapter.  FAMILY SUBDIVISION. Family subdivision means a division of a tract ofl land: (a)to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) to divide land from a common ancestor among tenants in common, all ofy whom inherited by intestacy or by will. HAZARDOUS MATERIAL. Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 ofCWA INDUSTRIAL DEVELOPMENT: Any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning, or developing  (oil and hazardous substances).  any product.  LANDFILL. A facility for the disposal ofs solid waste on land in a sanitary manner in accordance with G.S. Chapter 130A,Article 9. For the purpose of this chapter, this term  does not include composting facilities.  LOT. A parcel ofland occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with customary accessories and open spaces. MAJOR VARIANCE. A variance that results inany one or more ofthe following:  (1) The complete waiver of a management requirement;  (2) The relaxation, by ai factor ofmore than 10%, of any management requirement    20€  Sawmills-Land Usage  that takes the form of a numerical standard; or  (3) The relaxation of any management requirement that applies to a development  proposal intended to qualify under the high density option.  MINOR VARIANCE. A variance that does not qualify as ai major variance. NONCONFORMING EXISTING LOT. A lot described by a plat or a deed thatwas recorded prior to the effective date oflocal watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development requirements ofthe NONRESIDENTIAL DEVELOPMENT: All development other than residential  statewide watershed protection rules. development, agriculture and silviculture.  PERNINNAL WATERBODY. A natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude the growth  ofnon-hydrophlic rooted plants.  PLAT. A map or plan ofa parcel ofl land which is to be, or has been, subdivided and PROTECTED AREA (PA). The portion of a state designated water supply watershed which is five miles and draining to water supplies from the normal pool elevation of  recorded.  reservoirs, or ten miles upstream of and draining to ariver intake.  QUALIFIED INDIVIDUAL. A person certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification SWITOcourseollered by the N.C. Div. of Water  Resources at N.C. State University.  RESIDENTIAL DEVELOPMENT: Buildings for residence, such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages and the like and their associated outbuildings, such as garages, storage buildings,  gazebos and the like.  RESIDUALS. Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority ofthe  Environmental Management Commission.  SINGLE-FAMILY RESIDENTIAL. Any development where no building contains more than one dwelling unit; every dwelling unit is on a separate lot; and where no lot  contains more than one dwellingunit.  STORMWATER CONTROL MEASURES (SCM). means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycleby promoting infiltration, cvapo-transpration, post- filtration discharge.reuseofstomwater.ora  combination therefof.    STREET (ROAD). A right-of-way for vehicular traffic which affords the principal  means ofaccess to abutting properties.  STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent locationon  the land.  SUBDIVIDER. Any person, firm, corporation, or official who subdivides or develops SUBDIVISION. All divisions of a tract or parcel ofl land into two or more lots, building sites, or other divisions for the purpose ofs sale or building development (whether immediateor future) and shall include all division of land involving the dedication ofa new street or a change in existing streets; except those exempt from subdivision regulation by GS 160D-  any land deemed to be a subdivision as herein defined.  802(a)1) through (a)(5). underground waters.  SURFACE WATERS. All waters oft the State as defined in NCGS 143-212 except TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment ori indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth), or physical deformities in such organisms or their off spring or  other adverse health effects.  VARIANCE. A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this  chapter.  VESTED RIGHTS. The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan oran approved phased development plan. Refer to the North Carolina General Statutes Section 160D-  108 for more information.  TATERDEPENDENTE STRUCTURE. Any structure forwhich the use: requires access toor proximity to orc citing within surface waters to: fulfill its basic purpose, such asb boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas arei not WATER  DEPENDENT, STRUCTURES. (that is the water supplyi intake).  WATERSHED. The entire land area contributing surface drainage to a specific point ATERSHEDADMIN/STRATOR. An official designated by the town responsible for administration and enforcement ofthis chapter. The duties oft the WATERSHED ADMINISTRATOR may also be performed by the Zoning Enforcement Officer or other    208  Saymils-LandUsase  designated personnel. (Ord. $ 170X,passed 2-19-2008)  $155.10 WORDINTERPRETATION.  For the purpose of this chapter, certain words shall be interpreted as follows.  (A) Words int the present tense include the futuret tense.  (B) Words used in the singular number include the plural, and words used in the plural number include the singular, unless the construction ofthe wording indicates  otherwise.  (C) The word PERSON includes a firm, association, corporation, trust and company as  well as an individual.  (D) The word STRUCTURE shall include the word BUILDING. (E) Thev word. LOT shall include the words PLOTPARCEL or TRACT. (F) The words "shall" and "will" are always mandatory and not merely directory. (G) Theword ATERSHEDADMINISIRATOR shall include the word  ZONING. ENFORCEMENTOFFICER. (Ord. S 170Y,passed 2-19-2008)  SESIIPROCEDURE FORAMENDMENIS.  (A) Aj petition for an amendment to this chapter and to the Official Zoning Map may be initiated by the town, the Planning Board, any department or agency ofthe town, the owner of any property within the town, or any interested citizen who can showj just cause  for an amendment.  (B) Applications submitted by individual property owners or interested citizens who are not acting in an official capacity for the town shall comply with the following procedural  requirements.  (1)  Application submission. Any  person for an amendment to this chapter shall be filed with the Town Clerk at least 20 days prior to the date on which it is to be introduced to the Planning Board. Each petition for an amendment shall be accompanied by a fee of $35 to help defray the costs ofadvertising the public hearing required by G.S. S 160A-364. application involving a change to the Official Zoning Map shall be signed, be in duplicate, and shall contain  (2)  Change to. Zoning Map. Each    at least the following information:  (a) The applicant's name in full, applicant's address, address or  description of the property to be rezoned, including the tax map number;  (b) Thea applicant's interest int thej property andt thet typeofrezoning requested; (c) Ifthe proposed change would require a change in the Zoning Map, 1. All property lines with dimensions, including north arrow; 2. Adjoining streets with rights-of-way and paving widths;  an accurate diagram ofthe property proposed for rezoning, showing:  3. The location ofall structures, existing and proposed, and the use ofthe  land;  4. Zoning classification ofall abutting property owners; and 5. Names and addresses of all adjoining property owners. (d) A statement regarding the changing conditions, ifany, in the area ofin  the town generally that make the proposed amendment reasonably necessary to the  promotion of the public health, safety and general welfare.  (3) Planning Board consideration. All proposed amendments to this chapter shall be submitted to the Planning Board for review and recommendation. At the discretion ofthe Planning Board, apublic hearing may be conducted to consider the proposed amendment. The Planning Board shall have 31 days from the time the proposed amendment was first considered by the Planning Board to submit its report. Ifthe Planning Board fails to submit its report within the above period, it shall be deemed to  have approved the proposed amendment.  (4) Town Council consideration. Before adopting or amending this chapter, the Town Council shall hold apublic hearing on it. A notice oft the public hearing shall be given once a week for two consecutive calendar weeks in ai newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days nor more than 25 days before the date fixed for this hearing (G.S. $ 160A-364). Any petition for an amendment to this chapter may be withdrawn at any time by written notice to  the Town Clerk.  5-Prelestpe##ON  0h-Apwstpalsmyh-yppaismeneN  lyle-aafkew-.w, X-hrfww cither-side-hereofeof,extemaing100fethereem-ePoroFlose-diretyePppesite-therete- esemaimg-19Awtom-wmdewhweaiwpaeilassselieamendm halinwhme-efeivesaerfie-fatdemhwfle-  Town-Couneil    216  Saymils-LandUase  -Ne-pretest-agstagains-any-enange-moramendmen-e-his-ehapter-erte-the-  Zaming-apshaihewalseuwilterpalw-asNly beingHhe-sigmwresoerglemmherafrp-yawtlhe sigmer-deprotes-thepropaser-ahangeoramemaimemtzunke-ishalhavehe-been-reeeived-by eastiwo-memma-weangAypesehaingsaliayssmdysam-eg-ega-helidays,befere he-dateestablishet-epepesseehangeeramemdmendmente-detemmine  he-Town-Clerk-insHficientimete-te-allw-the-town ne-sueieney-aeraeeuraey-et-the-petition:  (5) Thej proposed amendments shall follow the requirements of G.S. Chapter 160A, Article 19, Planning and Regulation ofI Development and will in no way undermine or diminish the purpose and intent of G.S. Chapter 143,Article 21, Watershed Protection Rules, which have been designed to promote the public health, safety and general welfare oft the state's citizenry. All proposed amendments will be sent to the following state agencies prior to adoption: the Department ofCommerce - Division of Community Assistance, the Department of Environment, Health and Natural Resources - Division of Environmental Management and the. Environmental Management Commission. Planning Board, see G.S.S160A 387 Protest petition, see G.S.91604-386  (Ord. S 170BB, passed 2-19-2008) Statutory reference:  $155.12 APPLICATION OF REGULATIONS  (A) No building or land shall hereafter be used and no development shall take place except in conformity with thei regulations herein specified for the watershed area in which itis located. (B) No area required for the purpose of complying with the provisions ofthisordinance: shall (C) Every residential building hereafter erected, moved or structurally altered shall be located onal lot which conforms to the regulations herein specified, except as permitted in Section 306 (D) Ifa use or class of use isi not specifically indicated as being allowed in a watershed area, such  be included in the area required for another building.  use or class of use is prohibited.  GENERALREGULATIONS: ADMINISTRATION  S 155.25 BUFFER AREAS REQUIRED.  (A) A minimum 100-foot vegetative buffer is required for all new development activities that exceed the low density option; otherwise, ai minimum 30-foot vegetative buffer for development activities is required along all perennial waters indicated in the most recent versions ofUSGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Artificial stream bank or shoreline stabilization is permitted.  (B)  Where USGStopographic maps do not distinguish between perennial and    intermittent streams, an on-site stream determination may be performed by an individual  qualified to perform such stream determinations  (C)  Desirable artificial streambank or shoreline stabilization is permitted.  (D) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways and their appurtenances where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices, defined as a structural or nonstructural management based practice used singularly or in combination to reduce nonpoint source inputs receiving waters in order  to achieve water quality goals. (Ord. S 1701,passed 2-19-2008)  $155.26 RULES GOVERNING THE INTERPRETATION OF WATERSHED (A) Where uncertainty exists as to the boundaries oft the watershed areas, as  AREA BOUNDARIES.  shown on the Watershed Map, the following rules shall apply.  (1) Where area boundaries are indicated as approximately following either  street, alley, railroad or highway lines or centerlines thereof, the lines shall be  construed to be the boundaries.  (2) Where area boundaries are indicated as approximately following lot lines, the lot lines shall be construed tol be the boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the Watershed Administrator as evidence that one or more properties along these boundaries do not lie within the  watershed area.  (3) Where the watershed area boundaries lie at a scaled distance more than 25  feet from any parallel lot line, the location ofwatershed area boundaries shall be determined by use ofthe scale appearing on the Watershed Map.  (4) Where the watershed area boundaries lie at a scaled distance of25 feet or less from any parallel lot line, the location of watershed area boundaries shall be  construed to be the lot line.  (5) Where other uncertainty exists, the Watershed Administrator shall  interpret the Watershed Map as to location of the boundaries. (B) This decision may be appealed to the Watershed Review Board. (Ord. $ 1701, passed 2-19-2008)  $155.27 WATERSHED ADMINISTRATOR AND DUTIES THEREOF. The Town Council shall appoint a Watershed Administrator. Itshall bei the duty ofthe Watershed Administrator to administer and enforce thej provisions ofthis chapter as    212 follows.  Sawmills-Land Usage  (A) The Watershed Administrator shall issue watershed protection permits and watershed protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office  hours of the Administrator.  (B) The Watershed Administrator shall serve as staff to the Watershed Review Board. (C) The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection Regulations (this chapter) and shall provide copies of all amendments upon adoption to the Supervisor of the Classification and Standards Group,  Water Quality Section, Division of Environmental Management.  (D) The Watershed Administrator is granted the authority to administer and enforce the provisions ofthis chapter, exercising in the fulfillment ofhis or her responsibility the full zoning and police power ofthe town. The Watershed Administrator, or his or her duly authorized representative, may enter any building, structure or premises, as provided by law,  toj perform any duty imposed upon him or her by this chapter.  (E) The Watershed Administrator shall keep a record of variances to this chapter. This record shall be submitted to the Supervisor oftl the Classification and Standards Group, Water Quality Section, Division of Environmental Management on an annual basis and shall provide a description of each project receiving a variance and the reasons for granting the  variance.  (Ord. S 170K,passed 2-19-2008)  (F)The Watershed Administrator is responsible for ensuring that Stormwater Control Measures are inspected at least once a year and shall keep arecordofSCM inspections. 155.28 APPEAL FROM THE WATERSHED ADMINISTRATOR (A) Any order, requirement, decision or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board.  (B) An appeal from a decision oft the Watershed Administrator must be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken. (C) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would in his to life or property. In that case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court ofrecord on application ofnotice ofthe officer from whom the appeal is taken and upon due cause shown.  or her opinion cause imminent peril    (D) The Board shall fix ai reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing,  any party may appear inj person, by agent or by attorney.  (Ord. S 170L,passed 2-19-2008)  155.29 ESTABLISHMENT OF WATERSHED REVIEW BOARD.  There shall be and hereby is created the Watershed Review Board consisting oft the same membership as the Town-Couneil Planning Board. Terms for members ofthe Watershed Review Board shall coincide with the membership terms forTewn-Ceuneil  Planning Board.  (Ord. S 170M, passed 2-19-2008)  $155.30 POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD. (A) The Watershed Review Board shall be responsible for reviewing and hearing all major and minor variance cases, and shall follow the standards procedures oft this chapter for variance applications. the Watershed Review Board may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record oft the case, and  shall include the factual reasons on which they are based:  (a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter oft the Ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the fivel  following conditions exist:  (1) Ifhe complies with the provisions ofthe Ordinance, the applicant can secure no reasonable return from, nor make reasonable use of, his property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting an variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the Ordinance that will make possible the reasonable useofhis  property.  (2) The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other  hardship.  (3) The hardship is due to the physical nature oft the applicant's property, such as its size, shape, or topography, which is different from that  ofr neighboring property.  (4) The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the Ordinance, or who purchases the property after the effective date of the Ordinance, and then comes to the  Board for relief    214  Sawmills-Land Usage  (5) The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. Ifother properties are equally subject to the hardship created in the restriction, then granting a variance would beaspecial privilege denied to others, and would not promote equal (b) The variance is in harmony with the general purpose and intent ofthe (c) Int the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. The Board shall not grant a variance ifit finds that doing SO would in any respect impair the public health, safety,or  justice.  Ordinance and preserves its spirit.  general welfare.  (B) In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features oft the proposed building, structure, or use as it may deem advisable in furtherance of the purpose oft this ordinance. Ifa variance for the construction, alteration or use of property is granted, such construction, alteration or use (C) The Watershed Review Board shall refuse to hear an appeal or an application fora variance previously denied ifit finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. (D) A variance issued in accordance with this Section shall be considered a Watershed Protection Permit and shall expire ifal Building Permit or Watershed Occupancy Permit for such use is not obtained by the applicant within six (6) months from the date ofthe (E) Ifthe application calls for the granting of a major variance, and if the Watershed Review Board decides in favor or granting the variance, the Board shall prepare a preliminary record ofthe hearing with all deliberate speed. Thej preliminary record  shall be in accordance with the approved site plan.  decision.  ofthe hearing shall include:  a. The variance applications; b. The hearing notices; The evidence presented;  d. Motions, offers ofproof, objections to evidence and rulings ont them;  e. Proposed findings and exceptions; and  Thep proposed decision, including all conditions proposed tol be addedtot the  permit.  (F) The preliminary record shall be sent to the Environmental Management a. Ifthe Commission concludes from the preliminary record that the variance  Commission for its review as follows.    qualifies as a major variance and that the property owner can secure no reasonable return from, nor make any practical use ofthe property unless the proposed variance is granted, and the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and  send it to the Watershed Review Board.  i.  Ifthe Commission approves the variance as  proposed, the Board shall prepare a final decision granting the  proposed variance.  ii.  Ifthe Commission approves the variance with  conditions and stipulations, the Board shall prepare a final decision, including the conditions and stipulations, granting the proposed  variance.  b. Ifthe Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure ai reasonable return from or make aj practical use of the property without the variance, or the variance, if granted, will result in as serious threat to the water supply, then the Commission shall deny approval ofthe variance as proposed. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. The Board shall prepare a final decision  denying the variance as proposed.  (G) Approval ofall development greater than the low density option shall bet the  authority ofthe Watershed Review Board. (Ord. $ 170N,passed 2-19-2008)  15531APPEALSFROMTHE WAIBSIBDREMEW BOARD.  Appeals from the Watershed Review Board must bei filed with the Superior Court within 30 days from the date ofthe decision. The decisions by the Superior Court will bei int the  manner of certiorari. (Ord. S 1700,passed 2-19-2008)  STANDARDS  $155.45 HIGHDENSITYDEVELOPMENT STANDARDS.  The Watershed Review Board may approve high density development proposals (A) WS-IV-CA Watershed. Areas. Where new development exceeds either two dwelling units per acre or 24% built-upon area, engineered stormwater controls shall be used to control runoff from the first inch ofrainfall, and development shall not exceed  consistent with the following standards.  50% built-upon area.    21€  Sawmills-Land Usage  (B) WS-IV-PA Watershed.Areas. Where new development requires a Sedimentation/Erosion Control Plan (see S 153.02) and exceeds either two dwelling units per acre, 24%1 built-upon area or 36% built-upon area without curb and gutter, engineered runoff from the first inch of rainfall, and development shall not exceed 70% built-  stormwater controls shall be used to control upon area. (Ord. S 170P, passed 2-19-2008)  $1 155.46 HIGH DENSITY DEVELOPMENT PERMIT APPLICATION. (A) A high density development permit shall be required for new development (B) Application for al high density development permit shall be addressed and submitted to the Watershed Review Board through the Watershed Administrator. Application for a high density development permit shall be made on the proper form and  exceeding the requirements ofthe low density option.  shall include the following information:  (1) A completed high density development permit application signed by the owner oft the property. The signature oft the consulting engineer or other agent will be accepted ont the application only ifa accompanied by al letter of authorization;  (2) Teni reproducible copies ofthe development plan within the drainage basin including the applicable information listed in Appendix A: Application Forms, Subdivision Plat Checklist, which appendix as attached to the ordinance comprising this chapter is hereby adopted by reference as if set out in full herein, and detailed information  concerning built-upon area;  (3) Ten reproducible copies of the plans and specifications of the stormwater (4) When required by law, written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency; and  control;  (5) Permit application fees.  (C) Prior to taking final action on any application, the Board or the Watershed Administrator may provide an opportunity toj public agencies affected by the development proposal to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action (D). Public hearing. Upon receipt of a completed application, the Watershed Review Board shall hold aj public hearing. Notice oft the hearing shall be published inai newspaper of general circulation at least seven days prior to the date of the hearing. The notice shall state the location ofthe building, lot or tract in question, the intended use of the property, the need for engineered stormwater controls and the time and place of the hearing. At the hearing, the applicant or designated representative thereof shall appear for the purposes of offering testimony and recommendations concerning the application. The Board shall also  within the prescribed time limit.    allot reasonable time for the expression of views by any member oft the public attending the meeting inj person or represented by an attorney, provided the testimony bears on the  findings the Board must make.  (E) (1) The Watershed Review Board shall issue al high density development permit within 65 days ofits first consideration upon finding that the proposal is consistent with the applicable standards set forth in this chapter and the following conditions are met. proposed and developed according to the plan as submitted and approved;  (a) The use will not endanger the public health or safety iflocated where  (b) The use minimizes impacts to water quality through the best management (c) The use is vital to the continued growth and economic development of the (d) Theusei is consistent witht the officially adopted land development plans for (2) Ifthe Watershed Review Board finds that any one of the above conditions is (F) In addition to any other requirements provided by this chapter, the Board may designate additional permit conditions and requirements to assure that the use will be harmonious with the area in which it is proposed to be located and with the spirit ofthis chapter. All additional conditions shall be entered in the minutes oft the meeting at which the permit is granted, on all plans and on the permit certificate. All conditions SO imposed shall run with the land and shall be binding upon the applicant and the applicant's heirs, successors (G) Thel Board shall issue a written ruling and make copies available at the office of the Watershed. Administrator and the Town Clerk. Ifthe Board approves the application based on its findings, that approval shall be indicated ont the permit and all copies ofthe siteplan and all copies ofthe plans and specifications ofthes stormwater control structure(s). Al high density development permit shalll bei issued after the applicant postsa performance bond or other acceptable security and executes an operation and maintenance agreement. A copy ofthe permit and one copy of each set ofp plans shall bel kept on: file at the Watershed Administrator's office. The original permit and one copy ofeach set of plans shall be delivered tothe applicant either by personal serviceorr registered mail, return  practices, cluster development and/or maximum setbacks from perennial waters;  town; and thetown.  not met, the Board shall deny the application.  or assigns during the continuation of the permitted use.  receipt requested. (Ord. $ 170Q,passed 2-19-2008)  $155.47 STORMWATER CONTROLSTRUCTURES.  (A) All stormwater control structures shall be designed by either al North Carolina registered professional engineer or landscape architect, to the extent that G.S. Chapter 89A allows. Other stormwater systems shall be designed by a state registered professional with    218  Sawmills-Land Usage  qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers or landscape architects, to the extent that the General Statutes, G.S. Chapter 89A allow, and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in G.S. $ 89C-3(7). (B) All stormwater controls shall use wet detention ponds as aj primary treatment system. Wet detention ponds shall be designed for specific pollutant removal according approved by the State Division of Environmental Management. Specific requirements for  tor modeling techniques  these systems shall be in accordance with the following design criteria:  (1) Wet detention ponds shall be designed to remove 85% oftotal suspended solids ini the permanent pool and storage runoff from a one-inch rainfall from the site  above the permanent pool;  (2) The designed runoff storage volume shall be above the permanent pool; (3) The discharge rate from these systems following the one-inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two days and that the pond is drawn down to the permanent pool level within at least  five days;  (4) The mean permanent pool depth shall be ar minimum of three feet; (5) The inlet structure shall be designed to minimize turbulence using  baffles or other appropriate design features;  (6) Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least 30: feet in length. The slope and width oft the vegetative filter shall be determined SO as to provide ai non-erosive velocity of flow through the filter for a ten-year, 24- hour storm with at ten-year, one-hour intensity with a slope of 5% or less. Vegetation ini the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site characteristics.  (C) In addition to the vegetative filters, all land areas outside ofthe pond shall be provided with a ground cover sufficient to restrain erosion within 30 days after any land disturbance. Upon completion ofthe stormwater control structure, aj permanent ground cover shall be established and maintained as part oft the maintenance agreement. (D) A description ofthe area containing the stormwater control structure shall be prepared and filed as a separate deed with the County Register ofDeeds along with any easements necessary for general access to the stormwater control structure. The deeded area shall include the detention pond, vegetative filters, all pipes and water control structures, berms, dikes and the like, and sufficient area to perform inspections, maintenance, repairs (E) Qualifying areas oft the stormwater control structure may be considered pervious when computing total built-upon area. However, ifthe structure is used to  and reconstruction.    compute the percentage built- upon area for one site, it shall not be used to compute the built-upon area for any other site or area. (Ord. S 170R, passed 2-19-2008) 155.48 WATERSHED AREAS- ALLOWED ANDI NOT ALLOWED USES  Activity/Use New landfills sites discharges discharges  WS-IV WS CA VPA Yes Yes Mes Mes Yes Mes Yes Yes Yes e Yes  New permitted residual land application New permitted petroleum contaminated soils NPDES General or Individual Stormwater NPDES General Permit Wastewater Discharges pursuant to 15ANCAC 02H .0127 NPDES Individual Permit trout farm New NPDES Individual Permit domestic treated wastewater discharge New NPDES Individual Permiti industrial treated wastewater discharge Non-process industrial waste Newi industrial connections and expansions to existing municipal discharge with pretreatment program pursuant to 15ANCAC 02H .0904 Sewage Industrial Waste Other wastes Groundwater remediation project dischargese Agriculture' Silvicultures Residential Development" Non-residential Development" Nonpoint Source Pollutions Animal Operations  155.49 WATERSHED AREAS- DENSITY AND BUILT-UPON LIMITS  (A) PROJECT DENSITY. The following maximum allowable project densities and minimum lot sizes shall apply to a project according to the classification of the water supply watershed where it is located, its relative location in the watershed, its project density, and the typeof  development  Maximum Allowable Project Density or Minimum Lot  Size Non- residential and all other residential  Water Supply Classification Watershed  Locationi in the  Low Density Development Single-family detached residential 1du per one-half acre or 1 du per lote excluding roadway right-of way or 24% built- upon area  High Density, Development Alltypes  20,000 square foot 24% built- 24t to 50% built-  WS-IV  Critical Area  uponarea  uponarea    226  Sawmills-Land Usage dup per one-half acre or 1 du per 20,000 square foot 24% built- lot excluding roadway right-of- way or 24% built- upon area upon; or 3 dus per without curb acre or 36% built- and gutter upon area without street system curb and gutter street system  upon area;or  Protected Area  36% built- 24to 70% built-  uponarea  (B) CALCULATION OF PROJECT DENSITY. The fOllowingrequirements shall apply to the  calculation of project density:  (1) Project density shall be calculated as the total built-upon area divided by the (2) A project with "existing development," as that term is defined in 15A NCAC 02B .0621, may use the calculation method in Sub-Item (1) of this Item or may calculate project density as the difference oft total built-upon area minus existing built-upon area divided by the difference oftotal project area minus  total projectarea;  existing built-upon area.  (3) Expansions to existing development shall be subject to 15A NCAC 02B .0624 except as excluded in Rule 15A NCAC 02B .0622(1)(d). (4) Where there is a net increase ofbuilt-upon area, only the area ofnet increase (5) Where existing development is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall (a) areas below the Normal High Water Line (NHWL); and (b) areas defined as "coastal wetlands" pursuant to 15A NCAC 07H .0205, herein incorporated by reference, including subsequent amendments and editions, and available at no cost at tp./repors.canstate.nc.usneacasP. as measured landward from  shall be subject to 15A NCAC 02B. .0624.  be subject to 15A NCAC 02B .0624; (6) Total project area shall exclude the following:  the NHWL; and  (7) Projects under a common plano ofdevelopment shall be considered as as single project for purposes of density calculation except that on a case-by-case basis, local governments may allow projects to be considered to have both high and low density areas based on one or more of the following criteria:  (a) natural drainage area boundaries; (b) variations in land use throughout the project;or (c) construction phasing  (C) LOW DENSITY PROJECTS. In addition to complying with the project density requirements of Item (A) oft this Rule, low density projects shall comply with the following:  (1) VEGETATED CONVEYANCES. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government shall take into account site-    specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this Sub- (a) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless iti is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering (b) The conveyance shall be designed SO that it does not erode during the peak flow from the 10-year storm event as demonstrated by  Item:  calculations and on-site soil investigation; and  engineering calculations.  (2) CURB OUTLET SYSTEMS. In lieu of vegetated conveyances, low density projects shall have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetatedareas. Requirements for these curb (a) The curb outlets shall bel located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive (b) Thel longitudinal slope oft the swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided; (c) Theswale's cross section shall be trapezoidal with ar minimum bottom (d) The side slopes ofthes swale or vegetated area shall be no steeper than (e) The minimum length of the swale or vegetated area shall be 100feet; (f) Low density projects may use treatment swales designed in accordance with 15A NCAC 02H.1061 in lieu of the requirements specified in Sub-Items (a) through (e) oft this Sub-Item.  outlet systems shall be as follows:  velocity;  width oft two feet; 3:1 (horizontal to vertical);  and  (D) HIGH DENSITY PROJECTS. In addition to complying with the project density requirements of Item (A) oft this Rule, high density projects shall comply with the following:  (I) Stormwater Control Measures (SCMs) shall be designed, constructed, and maintained SO that the project achieves either "runoff treatment" or runoff volume match" as those terms are defined in 15A NCACC 02B.0621; (2) For high density projects designed to achieve runoff treatment, the required storm depth shall be one inch. Applicants shall have the option to design projects to achieve runoff volume match in lieu ofrunofft treatment; (3) Stormwater runoff from off-site areas and "existing development," as that term is defined in 15A NCAC 02B .0621, shall not be required to be treated in the SCM. Runoff from off-site areas or existing development that is not (4) SCMs shall meet the relevant MDC set forth in 15A NCAC 02H 1.1050 (5) Stormwater outlets shall be designed SO that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year  bypassed shall be included in sizing of on-site SCMs;  through.1062; and  storm event as shown by engineering calculations.    222  Sawmills-Land Usage  1 155.50 DENSITY AVERAGING  (A) An applicant may average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standardsifall  ofthe following circumstances exist:  (1) The properties are within the same water supply watershed. If one of the properties is located int the critical area oft the watershed, the critical area property shall not be developed beyond the applicable density requirements for its Overall project density meets applicable density or stormwater control (3) Vegetated setbackson! both properties meet the minimum statewidev watersupply (4) Built upon areas are designed and located to minimize stormwater runoffimpact to the receiving waters, minimize concentrated stormwater flow, maximize the usec ofs sheet flow through vegetated areas, and maximize the flow length through (5) Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways. (6) The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' Development permitted under density averaging and meeting applicable low density requirements shall transport stormwater runoff by vegetated (8) A special use permit or other such permit or certificate shall be obtained from the local Watershed Review Board to ensure that both properties considered together meet the standards ofthe watershed ordinance and that potential owners haverecord ofhow the watershed regulations were applied to the properties.  classification.  (2)  requirements under 15A NCAC 2B .0200. watershed protection requirements.  vegetated areas.  covenants, and on individual deed and shall be irrevocable. conveyances to the maximum extent practicable.  (7)  155.51 CLUSTER DEVELOPMENT  Cluster development is allowed in all Watershed Areas [except WS-I] under the following  conditions: (A)  Minimum lot sizes are not applicable to single family cluster development projects;  however, the total number of lots shall not exceed the number of lots allowed for single family detached developments in Section 303. Density or built-upon area for the project shall not exceed that allowed for the critical area, balanceofvatershed or protected area, whichever applies. impact to the receiving waters and minimize concentrated stormwater flow, maximize the useof sheet flow through vegetated areas, and maximize the flow length through vegetated areas.  (B)  All built-upon area shall be designed and located to minimize stormwater runoff    (C) (D)  Areas of concentrated density development shall be located in upland area andaway, The remainder ofthe tract shall remain in a vegetated or natural state. The title to the  to the maximum extent practicable, from surface waters and drainageways.  open space area shall be conveyed to an incorporated homeowners association for management; to alocal government for preservation as a park or open space; or to a conservation organization for preservation in aj permanent easement. Where a property association is not incorporated,a  maintenance agreement shall be filed with the property deeds.  (E)  Cluster developments that meet the applicable low density requirements shall transport  stormwater runoffby vegetated conveyances to the maximum extent practicable.  MAINTENANCE; INSPECTIONS. ANDENFORCEMENT  S1 155.60 POSTING OFFINANCIAL SECURITY REQUIRED.  (A). Required. All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance ofthe stormwater control structures. (B) Financial assistance types. Financial assurance shall be in the form oft the following. (1) Securityp performance bond or other security. Thej permit applicant shall obtain either aj performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to the town or placed in escrow with ai financial institution designated as an official depository ofthe town. The bond or other instrument shall be in an amount equal to 1.25times the total cost oft the stormwater control structure, as estimated by the applicant and approved by the town. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill and the like. The costs shall not be prorated as part ofal larger project, but rather under the assumption of an  independent mobilization.  (2) Cash or equivalent security deposited afier the release oftheperformance bond. The permit applicant shall deposit with the town either cash or other instrument approved by the Town Attorney that is readily convertible into cash at face value. The cash or security shall be in an amount equal to 15%oft the total cost oft the stormwater control structure or the estimated cost ofi maintaining the stormwater control structure over ai ten-year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual. The amount shall be computed by estimating the maintenance cost for 25 years and multiplying  this amount by two-fifths or 0.4.  (C) Binding agreement. The permit applicant shall enter into al binding operation and maintenance agreement between the town and all interests in the development. This    224  Sawmills-Land Usage  agreement shall require the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed  with the County Register of Deeds by the Watershed Administrator.  (D) Default under the performance bond or other security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as specifically provided in the performance bond or other security, the town may obtain and use all or any portion oft the funds necessary to complete the improvements based on an engineering estimate. The town shall return any funds not spent in completing the improvements to the  owning entity.  (E) Default under the cash security. Upon default ofthe owning entity to maintain, repair and, ifi necessary, reconstruct the stormwater control structure in accordance with the operation and maintenance agreement, the town shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. This expenditure of funds shall only bei made after exhausting all other reasonable remedies terms and conditions ofthe operation and maintenance agreement. The town shall not  seeking the owning entity to comply with the return any oft the deposited cash funds. (Ord. $ 170S,passed 2-19-2008)  $155.61 MAINTENANCEANDUPKEEP.  (A) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the operation and maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design  specifications ifa failure occurs.  (B) Landscaping and grounds management shall be the responsibility oft the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.  (C) Except for general landscaping and grounds management, the owning entity shall notify the Watershed Administrator prior to any repair or reconstruction ofthe stormwater control structure. All improvements shall be made consistent with the approved plans and specifications ofthe stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the Town Engineer shall inspect the completed improvements and shall inform the owning entity of any required additions, changes or modifications and of the time period to complete the improvements.  (D) Amendments to the plans and specifications of the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the Watershed Review Board. Proposed changed shall be prepared by al North Carolina registered    professional engineer or landscape architect (to the extent that the G.S. Chapter 89A allows) and submitted to and reviewed by the Watershed Administrator prior to  consideration by the Watershed Review Board.  (I) Ifthe Watershed Review Board approves the proposed changes, the owning entity ofthe stormwater control structure shall file sealed copies oft the revisions with the  office ofthe Watershed Administrator.  (2) Ifthe Watershed Review Board disapproves the changes, the proposal may be revised and resubmitted to the Watershed Review Board as a new proposal. Ifthe proposal has not been revised and is essentially the same as that already reviewed, it shall be returned (E) Ifthe Watershed Review Board finds that the operation and maintenance plan or manual is inadequate for any reason, the Board shall notify the owning entity of any required changes and shall prepare and file copies ofthe revised agreement with the County Register of Deeds, the office of the Watershed Administrator and the owning  to the applicant.  entity.  (Ord. $170T.pused2.19.2009)  $155.62 APPLICATION AND INSPECTION FEES.  (A). Processing and inspection fees shall be submitted in the form of a check or money order made payable to the town. Applications shall be returned ifnot accompanied by the  required fee.  (B) A permit and inspection fee schedule, as approved by the town, shall be posted in (C) Inspection fees shall be valid for 60 days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with this chapter, except in the case when a similar fee has been paid within the last 60 days.  the office ofthe Watershed Administrator.  (Ord. S 170U,passed2 2-19-2008)  $155.63 INSPECTIONS AND RELEASE OFTHE PERFORMANCE BOND. (A) The stormwater control structure shall be inspected by the town, after the owning entity notifies the Watershed Administrator that all work has been completed. At this  inspection, the owning entity shall provide:  (1) The signed deed, related easements and survey plat for the stormwater  control structure ready for filing with the County Register of Deeds; and  (2) A certification sealed by an engineer or landscape architect (to the extent that statutes allow) stating that the stormwater control structure is complete and consistent with  the approved plans and specifications.    22€  Sawmills-Land Usage  (B) The Watershed Administrator shall present the materials submitted by the developer and the inspection report and recommendations to the Town Council at its  next regularly scheduled meeting.  (1) Ifthe Town Council approves the inspection report and accepts the certification, deed and easements, the town shall file the deed and easements with the County Register of Deeds, release up to 75% of the value of the performance bond or  other security and issue the appropriate permit.  (2) Ifdeficiencies are found, the town shall direct that improvements and inspections be made and documents corrected and submitted to the town. (C) No sooner than one year after the filing date oft the deed, easements and maintenance agreement, the developer may petition the town to release the remaining value of the performance bond or other security. Upon receipt of the petition, the town to determine whether the controls are performing as designed and intended. The Watershed Administrator shall present the petition and findings to the Town Council. (1) Ifthe Town Council approves the report and accepts the petition, the developer shall deposit with the town a cash amount equal to that described in this chapter, after which the Town Council shall release the performance bond or other  shall inspect the stormwater control structure  security.  (2) Ifthe Town Council does not accept the report and rejects the petition, the town shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release oft the performance bond or other security. (D) A watershed protection occupancy permit shall not be issued for any building within the permitted development until the Town Council has approved  the stormwater control structure.  (E) All stormwater control structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the State Division of Environmental Management. Annual inspections shall begin within one  year of filing date of the deed for the stormwater control structure.  (F) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the town shall inspect and approve the completed  improvements.  Oasro4pasd)02y    $155.64 SANCTIONS.  In addition to the remedies described herein and consistent with G.S. S 160A-175, the Town Council may seek enforcement oft this chapter by assessing a civil penalty to be recovered by the town in a civil action in the nature of debt ifthe offender does not pay the penalty in aj prescribed period oft time after being cited for violation oft the chapter. The violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use ofthe property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. Ifthe defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt and the town may execute the order ofabatement. The town shall have a lien ont the property for the cost ofe executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs ofthej proceedings and posting abond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved bythejudge before whom the matter isl heard and shall be conditioned on the defendant's full compliance with thei terms ofthe order ofabatement within at time fixed by the judge. Cancellation ofan order ofabatement shall not suspend or cancel ani injunction issued in conjunction therewith. Enforcement ofthis chapter may bel by any one, all ora combination ofthe remedies authorized int this chapter. Each day's continuing violation  shalll be a separate and distinct offense.  (Ord. S 170W, passed 2-19-2008) Penalty, see $ 155.99 S1 155.65 PUBLIC HEALTH, IN GENERAL  No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare.  $1 155.66 ABATEMENT  (A) The Watershed Administrator shall monitor land use activities within the watershed (B) The Watershed Administrator shall report all findings to the Watershed Review Board. The Watershed Administrator may consult with any public agency or official and  areas toi identify situations that may pose a threat to water quality.  request recommendations.  (C) Where the Watershed Review Board finds a threat to water quality and the public health, safety and welfare, the Board shall institute any, appropriate action or proceeding to  restrain, correct or abate the condition and/or violation.  $155.99 PENALTY.    228  Sawmil-LandUsare  (A) Ifany subdivision, development and/or land use is found to be in violation ofthis chapter, the town may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $50, institute actions or proceedings to restrain, correct or abate the violations; to prevent occupancy ofthe building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. In addition, the State Environmental Management Commission may assess civil penalties in accordance with G.S. S 143-215.6A. Each day that the violation continues shall constitute a separate offense. (B) Ifthe Watershed Administrator finds that any ofthe provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violation, indicating the nature ofthe violation, and ordering the action necessary to correct it. He or she shall order discontinuance oft the illegal use ofland, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to ensure compliance with or to prevent violation ofi its provisions. Ifaruling ofthe Watershed Administrator is questioned, the aggrieved party or parties may appeal the  ruling tot the Watershed Review Board. (Ord. $1 170Z, passed 2-19-2        AGENDA ITEM 8A  MEMO DATE: SUBJECT:  February 20, 2024 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Jeff Feid on winning the Recycle Rewards Program for the month ofFebruary. He will bej presented with a Certificate of Appreciation. A  forty dollar ($40.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM9A  MEMO DATE: SUBJECT:  February 20, 2024 Finance Matters: Uniform Guidance Conflict ofl Interest Policy  Discussion:  Uniform Guidance is a set ofr rules and regulations that serves as a framework for grants Uniform Guidance requires the following policies be approved by the Governing Board: 1. Uniform Guidance Conflict of] Interest Policy- for the Council's consideration at the 2. Uniform Guidance Procurement Policy adopted on 9/18/2018 - No changes are  management applicable to the use of federal funds.  February 20th meeting recommended. Recommendation:  Staffrecommends approval of the Uniform Guidance Conflict of] Interest Policy.    Town of Sawmills  Uniform Guidance Conflict of Interest Policy  Purpose  The purpose of this policy is to establish conflicts of interest guidelines that meet or exceed the requirements under state law and local policy when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects paid for in part or whole by federal funds and required under 2 C.F.R. $  200.318(c)(1). II. Policy  This policy applies when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects funded in part or whole with federal financial assistance (direct or reimbursed). This policy also applies to any The employee responsible for managing the federal financial assistance award shall review the notice of award to identify any additional conflicts of interest prohibitions or requirements associated with the award, and shall notify all employees, officers, and agents, including subrecipients, of the requirements of this policy and any additional A. Conflicts of Interest. In addition to the prohibition against self-benefiting from a public contract under G.S. 14-234, no officer, employee, or agent of the Town of Sawmills may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal 1. the employee, officer, or agent involved in the selection, award, or  subrecipient of the funds.  prohibitions or requirements.  benefit from a firm considered for award of a contract:  administration ofa contract; 2. any member of his or her immediate family; 3. his or her partner; or  4. an organization which employs or is about to employ any of these parties. Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency or pass-through entity in accordance with applicable Federal awarding agency policy.  Uniform Guidance Conflict of Interest Policy  Page 1    B. Gifts. In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. 133-32, officers, employees, and agents of the Town of Sawmills are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value valued at less than $25.00 which fall into one of the following  categories may be accepted: 1. promotional items; 2. honorariums for participation in meetings; or 3. meals furnished at banquets.  Any officer, employee or agent who knowingly accepts an item of nominal value allowed under this policy shall report the item to his or heri immediate supervisor.  III. Violation  Employees violating this policy will be subject to discipline up to and including termination. Contractorsviolating: this policywillr result in termination oft the contractand  may not be eligible for future contract awards.  Uniform Guidance Conflict of Interest Policy  Page 2    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  February 20, 2024 Financial Matters: Request for a Donation To Caldwell County Schools  Discussion:  The Town has received a request from Caldwell County Schools for a donation in the amount of  $14,000.00 (fourteen thousand dollars).  There are sufficient funds in the budget for this request.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    Town of Sawmills  Keith Warren, Mayor  Chase Winebarger, Town Manager  Funding Request:  Name of Organization:  Phone  Caldwel Gwsh Schols  #9A8-7A9-8407  Permanent Address: 41914 HckoPvd Sw  City: Lunoir Contact Name: Michelle Br-tan  State: NC Fed Tax ID #:  Zip Code: 284S 56-4000998  Amount Requested: Date Funds Needed: Complete description of project:  Amount needed for the Project: Project Begin/End Dates:  H,DOD  14,000  Scol Donbm  How will the funds be used?  hmlTordhn  How will this project benefit the community?  Official Town Use Only  Date application received:_ 2-12-2024 Date approved/denied (circle one): Date check written:  Date presented to Council: Amount approved:  Available balance in Governing Body Expense Acct: 1-10-4110 415,860  Check #:  Amount:  This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.    0122+    AGENDA ITEM11A  MEMO DATE: SUBJECT:  February 20, 2024 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Code Enforcement Officer Curt Willis continues to  make throughout the town. Recommendation: No Council action required.    E  A E E S 6  e 8 a) -  J :  € 5 8  0