AGENDA Sawmills Town Hall Tuesday, March 16, 2021 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes  Mayor. Johnnie Greene, Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Park and Recreation Director Tanner Greene  A. February 9, 2021 Budget Retreat Minutes B. February 16, 2021 Regular Meeting Minutes C. February 16,2021 Closed Session Minutes  6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters:  A.A American Legion Post 392 Donation Request B. Sales Tax Reinvestment Contract 9. Park and Recreation Matters: A. Park and Recreation Policies  10. Planning Matters: A. Call for Public Hearing for 321A Rezoning B.Call for Public Hearing for 106D Changes 11. Discussion: A. Bad Debt Write Off B. Meter Charge for Replacement Meter C.R Reconnects for Sanitation Only Accounts D.Special Pick-Up Limit E.Brush) Pick-Up Policy 12. Public Comment 13. Updates:  Town Planner Dustin Millsaps Town Planner Dustin Millsaps Mayor. Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Town Manager Chase Winebarger Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene  A. Code Enforcement Report B. Town Manager Updates .Council Comment  14. Closed Session: N.C.G.S. 143-318.11()3)  15. Adjourn    TUESDAY, FEBRUARY: 9, 2021  TOWN OF SAWMILLS ANNUAL BUDGET RETREAT  9:00 AM  COUNCIL PRESENT Johnnie Greene Clay Wilson Rebecca. Johnson Melissa Curtis COUNCIL ABSENT Keith Warren Joe Wesson 9:06am.  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor  CALL TO ORDER: Mayor Johnny Greene called the meeting to order at approximately  INVOCATION: Town Manager Chase Winebarger gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor. Johnnie Greene asked foramotion to adopt the February 9,2021 Rebecca Johnson made a motion, and Clay Wilson seconded, to adopt the February 9, 2021  Budget Retreat Agenda.  Budget Retreat Agenda. All were in favor.  FINANCIAL UPDATES: FINANCIAL UPDATE: Town Finance Officer Karen Clontz presented to the council the following financial information for the Town Council.  1-A Attached is the summary sheet for revenues and expenditures year to date - 12/31/2020 -1 for all funds. The budget total is $2,966,769 with $1,908,838 budgeted for the General Fund and $1,057,931 for the Utility Fund. *General Fund includes the $19,000 budget amendment for paving, original budget =  $1,889,838 Revenue Expenditures Under  Annual Budget YTD. Actual Remaining Budget %  $1,908,838 $1,908,838  $1,167,470 $796,233 $371,237  38% 58%  2-Cash) Balance and Budget by Fund as of1 12/31/2019:    February 9, 2021 Budget Retreat  A. Cash Balance by Fund Summary General Fund Balance - Unassigned Powell Bill Fund Balance- Restricted/Streets Utility Fund Net Assets-Unasigned Capital Reserve Fund - Restricted  $6,335,860 $4 475,523 $4,588,746 $3 374,000 $11,774,129  Total:  Attached is a breakdown oft the cash on hand and investments for each fund. The outline also compares the current fiscal year to the same time last year. Interest  rates remain low.  B. Budget by Fund Summary: General Fund Revenue Expenditure Over/Under Powell Bill Fund Revenue-State Revenue-Reserve Expenditure  Budget2 20/21 $1,908,838 $1,908,838  Dec 2020Y YTD Remaining Budget %  $1 1,167,470 $796,233 371,237  38% 58%  Budget 20/21 $130,000 $0 $37,000  Dec 2020YTD Remaining Budget %  $137,230 $0 $13,166  -5% 0% 64%  Regarding the Powell Bill cash balance - the Town's cash reserve must stay below the total sum oft the past 5 years in: revenue received from the State of] North Carolina Department ofransportation. This is a result of HB 200 changes to GS 136-41.1 through 136-41.3. In summary, towns with aj population over 5,000 cannot have a total reserve in excess oft the five-year total revenue received.  UtilityFund Revenue Expenditure Over/Under  Budget 20/21 $1,057,931 $1,057,931  Dec 2020 YTD Remaining Budget %  $ 762,637 $415,629 $ 347,008  28% 61%  Utility Fund revenues continue to remain steady.    February 9,2021 Budget Retreat  DISCUSSION:  2020/21 PROJECTS COMPLETED: Town Manager Chase Winebarger stated that even during the pandemic, the Town got many projects completed. Those projects are as follows:  Increased Employee Longevity Pay; Increased Vacation Accruals; Salary Increase 3% Cola 2% Merit; Phase II Stormwater Mapping; Power at Farmers Market; PA System; New Server; Cameras;  Social Media Outsourced; Paving in Doe Run; Increased sanitation by $2;  Absorbed recreation programs from Optimist;  Implemented year 1 of the NCRWA Water Rate study;  This year we are potentially going to partner with the FD for Ham Day  2020/21 PROJECTS NOT COMPLETED: Town Manager Chase Winebarger stated that with the pandemic, there were certain items that the Town could not get completed during this  budgety year. Those projects are as follows: Spring clean-up and shred day; LCD sign and Flower planters; Parking concerns; New logo/Branding; ADA Assessment Plan; Town Hall  2020/21 ITEMS FOR CONSIDERATION DURING 2021/2022 FY: Town Manager Chase Winebarger stated that there were some projects that he would like to discuss for the  2021/2022 FY. Those items are: as follows:  Meter Service Contract: Town Manager Chase Winebarger stated that he had received a quote from MeterSys for a yearly contract in the amount of eighteen thousand dollars ($18,000.00). Town Manager Chase Winebarger stated that the Town can call MeterSys without a yearly contract and they will bill the Town hourly. Town    February 9, 2021 Budget Retreat  Manager Chase Winebarger stated that the Town could wait a year to see ifac contract Inhouse Planning: Town Manager Chase Winebarger stated that the Town of Sawmills is paying the Western Piedmont Council of Governments approximately sixty dollars ($60.00) an hour for only eight (8) hours a week. Town Manager Chase Winebarger stated that the Town has need for an inhouse Planner. Town Manager Chase Winebarger stated that all of the Town Ordinances need to be updated, which takes more time than a contracted Planner can give. Town Manager Chase Winebarger stated that he would get a full job description together and get back to Council with EDC-Sales Tax Reinvestment: Town Manager Chase Winebarger stated that the EDC Sales Tax Reinvestment is up for renewal this year. Town Manager Chase Winebarger stated that Council will need to vote on the renewal during a regular Additional Parking Lot at Veterans Park: Town Manager Chase Winebarger stated that in the lease ofproject lands between the Town and Duke Power for Veterans Park, an additional parking lot was to be built by the Town. Town Manager Chase Winebarger stated that he would get with Town Public Works Director Ronnie Coffey and Town Engineer Todd Poteet with West and Consultants to discuss the parking lot Multipurpose paved area at Baird Park: Town Manager Chase Winebarger stated that the Town could possibly use an overfill parking lot at Baird Park. Town Manager Chase Winebarger stated that when the parking lot was not needed for overflow parking that the Town could build it tol have additional uses, such as al basketball court Charging Landlords a Deposit: Town Manager Chase Winebarger stated that hel had been discussing deposit with staff and referred the topic to Town Clerk Julie A Good. Town Clerk Julie A Good stated that everyone within the Town pays a deposit for water, sewer and sanitation, with the exception of a landlord, the only deposit a landlord has to pay right now is for sanitation. Town Clerk Julie A Good stated that the Town defines landlord as, "a person who owns a property and leases that property to another person." A landlord cannot live in the home. Town Clerk Julie A Good stated that all a landlord has to do is fill out an application and ask for the water to be turned on. Town Clerk Julie A Good stated that when the landlord then leases the property and the new customer puts the property in their name, that the Town has no money to put against any outstanding bills and, in some instances, the landlord has not paid, but then can get more water pout in their name as long as it is not the same address. Town Clerk Julie A Good stated that staff has talked about this issue and Fee Schedule for Recreation: Town Manager Chase Winebarger stated that the' Town recently took over the ball programs from the Optimist, and along with that, himself and Recreation Director Tanner Greene have been researching field rental fees, registration fees, and other fees associated with the recreation department. Town Manager Chase Winebarger stated that what they had found, among other issues, was  isn needed.  more details.  scheduled Council meeting at a later time.  and bring plans back to Council during the next budget meeting.  or some other type of outside activity.  would like for Council to add landlords ini the deposit policy.    February 9,2021 Budget Retreat  that our base line fees for field rentals were too low. Town Manger Chase Winebarger stated that Recreation Director Tanner Greene would prepare newi fees for Council for the fee schedule. Town Manager Chase Winebarger also stated that baseball signups have started and that Council would need to vote on a registration fee during the regularly scheduled February 16, 2021 Town Council meeting. Town Manager Chase Winebarger stated that this fee would normally also be on the fee schedule, but with the Town taking over the ball programs during the middle of a fiscal year, that an amount would need to be agreed upon now and in future years it would be on the fee schedule. Town Manager Chase Winebarger stated that himself and Recreation Director Tanner Greene had researched the registration fees for this area and they would likely propose a forty ($40.00) registration fee, which would include a jersey, the equipment, the umpires, ballfield lights, and trophies, among other items. Police: Town Manager Chase Winebarger stated that he wanted Councils direction on what to do about looking into the Town starting al Police Department. Town Manager Chase Winebarger stated that some members of the Public had asked him about a  Police Department.  UPDATES:  LEGAL UPDATES: Town Attorney Terry Taylor gave Council a handout (which is attached to the minutes) pertaining to Changing Property Values in al Pandemic. Town Attorney Terry Taylor gave Council a handout (which is attached to the minutes) pertaining to May Nonresidents be Precluded from Enjoying Recreation Facilities? COUNCIL ADJOURN: Mayor Johnnie Greene 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 11:59pm.  Johnnie Greene, Mayor  Julie. A Good, Town Clerk    Page 1 of4  TUESDAY, FEBRUARY 16, 2021  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor. Johnnie Greene Clay Wilson Rebecca Johnson Melissa Curtis Keith Warren Joe Wesson 6:00pm.  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Wendy Honeycutt Tanner Greene  CALL TO ORDER: Mayor Johnny Greene called the meeting to order at approximately  INVOCATION: Mayor. Johnny Greene gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnny Greene led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnny Greene asked for ai motion to adopt the February 16,2021 Joe Wesson made a motion, and Clay Wilson seconded, to adopt the February 16, 2021  Agenda.  Agenda. All were ini favor.  APPROVE JANUARY 19, 2021 REGULAR MEETING MINUTES: Mayor Johnny Greene asked foran motion to approve the January 19, 2021 regular meeting minutes. Rebecca Johnson made a motion, and Keith Warren seconded, to approve the January 19,  2021 regular meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or Paul Hatton wanted to thank Council for letting him speak about his water payment problem Pam Steller (Mr. Hatton's sister) wanted to talk about Mr. Hatton's water payment problem.  comments at this time.  and gave his sister his remaining time.    February 16, 2021 Page 2 of7  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnny Greene announced Keith Harris, as the February Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added to  the current sanitation bill. No Council action was required.  PARKS AND RECREATION MATTERS:  RECREATION FEES: Town Manager Chase Winebarger stated that the Town took over the ball programs on January 1, 2021, from the Sawmills Optimist. Since the Town took the programs over in the middle ofal Fiscal Year, there are no set fees for any programs. Town Manager Chase Winebarger stated that Town Parks and Recreation Director Tanner Greene has contacted local municipalities for their fee structure for their sports programs, and would suggest that the Town set the participation fee at forty dollars ($40.00) for all sports programs Rebecca Johnson made a motion, and Keith Warren seconded, to set all sports participation  until a detailed fee schedule can be adopted. fees at forty dollars ($40.00). All were in favor.  PLANNING MATTERS:  2570 BAKER CIRCLE: Town Planner Dustin Millsaps stated that the property at 2570 Baker Circle has been on the code enforcement report for well over a year. Town Planner Dustin Millsaps stated that there two (2) major issues with this property. First, there is a dilapidated trailer that has been stripped ofall metal on the outside, windows and doors. Town Planner Dustin Millsaps stated that there are various animals living in the trailer and anyone can walk freely in between the joist in and back out of the house. Town Planner Dustin Millsaps stated the second problem is that there is a carport attached to the brick home that has fallen down and is al hazard to anyone walking around the property. Town Planner Dustin Millsaps stated that there are two (2) liens that are known on the property: a Medicare lien and a credit card lien. Town Planner Dustin Millsaps stated that if the Town abates the property, there is a good chance that no money will be recouped because of the prior liens. Joe Wesson made a motion, and Keith Warren seconded, to table this matter until the May  18,2 2021 regularly scheduled Council meeting. All were in favor.  4486 SAWMILLS SCHOOL ROAD: Town Planner Dustin Millsaps stated that on April 16, 2019, the Town removed a dilapidated house and placed a lien on the property at 4486 Sawmills School Road. Town Planner Dustin Millsaps stated that after the dilapidated brick home was removed the Town received another complaint regarding a mobile home on the back of this property that was not mentioned in the original complaint. Town Planner Dustin Millsaps stated that the mobile home has never been lived in, but it is home to wild dogs. Town Planner Dustin Millsaps stated that a title search could be done and then abate the    February 16, 2021 Page 3of7  mobile home.  Town Panner Dustin Millsaps stated he would get with Town Attorney Terry Taylor and get  atitle search and contact the owner and send a violation letter.  No Council action was needed at this time.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak. UPDATES:  FEBRUARY CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated  that there are four (4) code enforcement cases open:  Carolyn Bray/Robyn Brittian, owner 2570 Baker Circle. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated that he is working with Town Attorney Terry Taylor to abate the property. Town Planner Dustin Millsaps also stated that he will treat this as a Junk and Debris and not minimum housing. Ifso, the Town can proceed to abate after thirty (30) days of notice. Town Planner Dustin Millsaps stated that he got a quote that will demo entire trailer and haul off all debris including our equipment, labor and fees. Town Planner Dustin Millsaps stated that the quote is four thousand one hundred dollars ($4,100.00). Town Planner Dustin Millsaps stated that he rode by the property and iti is still in the same condition and would like to discuss demolition. Town Planner Dustin Millsaps stated that he had been in contact with Town Attorney Terry Taylor and former Town Planner to get all Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated he received a complaint on January 13, 2020. Town Planner Dustin Millsaps stated that a NOV letter was sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Dustin Millsaps stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Dustin Millsaps stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in his name and get the property cleaned up. Town Planner Dustin Millsaps stated that staff has is waiting for Ms. Compton' s son to schedule a time to come in and speak with staff regarding this property. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and the property is still in same condition with extremely high grass and would recommend demolition. Town Planner  the evidence for this property;    February 16, 2021 Page 4 of7  Dustin Millsaps stated that he has been in contact with Town Attorney Terry Taylor Denise Dotson/William S Annas, II, 4095 Gatewood Dr. Abandoned Mobile Home/Minimum Housing. Town Planner Dustin Millsaps stated that a complaint was received on March 5, 2020, and a regular NOV letter and a certified NOV letter was sent on March 5, 2020, with a deadline of March 23, 2020. Town Planner Dustin Millsaps stated that the mobile home has been sprayed painted and has an apparent tenant, however, the water meter has been pulled from the property. Property was cleaned up. However, Mr. Annas informed Town Planner Dustin Millsaps that a new tenant has moved in the mobile home. Town Planner Dustin Millsaps stated that a second NOV letter was sent on May 15, 2020 with a deadline of June 15, 2020 for additional garbage on property. Town Planner Dustin Millsaps stated that staff will investigate and work with Town Attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and all garbage has been picked up, however, the house has multiple windows smashed out which is now a minimum housing violation. Town Planner Dustin Millsaps stated that he spoke with property owner and hej plans on removing the trailer on November 5, 2020. Town Planner Dustin Millsaps stated that he spoke to William S Annas, II, the property owner, on November 5, 2020 and his plans are removing the mobile home. Town Planner Dustin Millsaps stated that he tried to get in touch with property owner William S Annas, II four (4) times from November 5, 2020 to November 19, 2020 before he would answer the phone for him again, and Town Planner Dustin Millsaps stated he informed property owner Williams S. Annas, II that the Town would have to pursue moving the mobile home or fines would occur for him. Town Planner Dustin Millsaps stated that he talked to property owner William SAnnas, II on December 8, 2020 and was informed that the property owner had been in contact with an attorney about removal of the mobile home. Town Planner Dustin Millsaps stated that on January 7, 2021, he spoke with property owner William S Annas, II and the property owner stated that he had not worked with his attorney because his attorney had been quarantined multiple times. Town Planner Dustin Millsaps stated that on 2/7/21 he talked with property owner William S Annas, II, again and Mr. Annas stated that hei is still talking to his attorney about getting thei issue Dale E: and Debra Miller, 4434 Jess Dr. Garbage and Rubbish/Property Maintenance. Town Planner Dustin Millsaps stated that a complaint was received on January 28, 2020. Town Planner Dustin Millsaps stated that the complaint addressed two (2) separate properties and possible violations. A NOV letter was sent on February 13, 2020, with a deadline of March 4, 2020 for the Miller property. Town Planner Dustin Millsaps stated that the Miller property isi in violation for having high grass/vegetation and junk and garbage located around the property. Town Planner Dustin Millsaps stated another complaint was received on May 7, 2020 and a final letter was sent on May 13,2020, with a deadline of May 31,2020. Town Planner Dustin Millsaps stated that on June 1, 2020, staff spoke with Mrs. Miller, who has a medical condition, and she asked for an extension and stated that she is working on getting the property  and former Town Planner to get all the evidence for this property;  handled;    February 16, 2021 Page 5of7  cleaned up. Town Planner Dustin Millsaps stated that on September 10, 2020, ai new tenant is cleaning up the property and is X4 of the way done. Town Planner Dustin Millsaps stated that a final citation was issued on November 2, 2020. Town Planner Dustin Millsaps stated that a final notice wasi issued on February 4,2021 tot the updated address of the property owner. Town Planner Dustin Millsaps stated that once he sent the letter to the correct address ofthe property owner, the property was cleaned up by the weekend. Town Planner Dustin Millsaps stated that the code enforcement case is  now closed.  No Council action was required. TOWN MANAGER UPDATES:  Town Manager Chase Winebarger introduced Wendy Honeycutt as the new Town Administrative Assistant and Tanner Greene as the new Parks and Recreation Town Manager Chase Winebarger stated that the article about the cameras at the Town's Municipal Parks came out in the Lenoir News Topic and also on the News Topic's Facebook page. Town Manager Chase Winebarger stated that he was trying to find a company who could give a set number of log ins for each participate. Town Manager Chase Winebarger stated that the camera view is on the field only. Town Attorney Terry Taylor stated that the Town will need to adopt a surveillance policy for the cameras. Town Attorney Terry Taylor also stated that the cameras are not public record and can only be subpoenaed and reviewed by law enforcement or Town  Director.  staff.  COUNCIL COMMENTS:  Melissa Curtis wanted to thank everyone for coming out. Keith Warren wanted to thank everyone for coming out. Rebecca Johnson wanted to thank everyone for coming out.  Joe Wesson welcomed new employees Wendy Honeycutt and Tanner Greene. Mayor Johnnie Greene wanted to thank everyone for coming out.  CLOSED SESSION PURSUANT TO N.C.G.S. 143.318-11(A)03): Mayor Johnnie Joe Wesson madeamotion, and Rebecca. Johnson: seconded, to gointo closed session pursuant tol N.C.G.S. $143.318-116a)3). at approximately 6:39pm. All were in favor.  Greene asked for a motion to go into closed session.    February 16, 2021 Page 6of7  Rebecca Johnson made a motion, and Clay Wilson seconded, to come out of closed session  at approximately 7:03pm. All were in favor.  VETERANS PARK PAVING: After coming out of closed session, Town Manager Chase Winebarger stated that during the budget retreat Council had discussed that in the agreement with Duke Power, the Council had agreed to build an additional parking lot at Veterans Park. Town Manager Chase Winebarger stated that he had spoken to Todd Poteet, of West Consultants, and Mr. Poteet had informed Town Manager Chase Winebarger that it would save the Town money if the project could go out to bid now. Town Manager Chase Winebarger stated that Mr. Poteet informed him that paving costs are down by fifty (50%) percent right now and that could possibly save the Town sixty-five thousand dollars ($65,000.00) to eighty-five thousand dollars ($85,000.00) on this project. Town Manager Chase Winebarger stated that the Town could transfer the money from the Fund Balance and Town Manager Chase Winebarger also stated that since the Town is putting in the new parking lot, it would be beneficial to put lights Veterans Park to be able to utilize the park's ball fields at night like Baird Park, instead of just during daylight hours. Town Manager Chase Winebarger stated that the project could go tol bid with the parking lot and save money. Town Manager Chase Winebarger stated that Council would need to decide ift they want to go ahead with the project in the FY 2020-2021 year or wait until the FY 2021-2022 year and Council informed Town Manager Chase Winebarger that they would like to know how big the parking lot had to be and the approximate cost with and without lights. Town Manager Chase Winebarger stated that he would have more information for them at the March 4, 2021,  do the project now while paving costs are down.  ifthey would like to do the project with or without lights.  budget meeting.  ACCOUNT 0179 PAUL HATTON: Mayor Johnnie Greene stated that Council should discuss account 0179 Paul Hatton. Mr. Hatton and his sister, Pam Steller, came to Council during Public Comment to talk about Mr. Hatton's payment being applied to the wrong Town Manager Chase Winebarger stated that he had offered Mr. Hatton a three (3) month credit, but that Ms. Steller refused the offer. Town Manager Chase Winebarger stated that he Melissa Curtis made a motion, and Keith Warren seconded, to give Mr. Hatton one hundred eighty dollars ($180.00) credit on his utility bill and Mr. Hatton would need to sign a release. The motion carried four (4) to one (1) with Clay Wilson being the only opposed.  account and Mr. Hatton's water being disconnected.  could not offer anything higher without Council consent.    February 16, 2021 Page 7of7  COUNCIL. ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn. Melissa Curtis made a motion, and Clay Wilson seconded, to adjourn the meeting. All were  in favor.  The meeting was adjourned at approximately 7:27pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM7A  MEMO DATE: SUBJECT:  March 16, 2021 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate James Clark on winning the Recycle Rewards Program for the month ofl March. MayorJohnnie Greene will present him with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM < 8A  MEMO DATE: SUBJECT:  March 16, 2021 Financial Matters: Request for a Donation To American Legion  Post392  Discussion:  The Town has received a request from Hudson American Legion Post 392 for a donation in the  amount of $200.00 (two hundred 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  Johnnie Greene, Mayor Chase) Winebarger, Town Manager  Funding Request:  Name of Organization:  Phone  #:823- 320 -4275  AMER/CAN Legion Post392 Permanent Address: 243 legiowRd  City:  State: MC, Fed Tax ID#:  Zip Code:  Hudsow Contact Name:  25638  ED56-130/497  Jo Aww miller  Amount Requested:  Amount needed for the Project:  120080  12000  Date Funds Needed: APR'L 17 2021 Project Begin/End Dates: APR,2/6+17 202) Rock Creek Coow CLMb will be deivg (weimiserfer  Complete description of project: Anericaa Legion Posr392 help vetepaps +families  ALL proceeds goes To them 70  How will the funds be used?  7o belp veteravs with food CLothes watpt Clecfre 616 Akso wwith EAster, fhawksgviag Chrislngs Meals tgSz IT will belp awy Veferaws + families 7oet  How will this project benefit the community? what they Weel  Official Town Use Only  Date application received: Date approved/denied (circle one): Date check written:  Date presented to Council: Amount approved:  Available balance in Governing Body Expense Acct: $q80.00  Check #:  Amount:  This instrument has been preaudited int the manner required byt the Local Government Budget and Fiscal Control Aecpuncle    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  March 16, 2021 Financial Matters: Sales Tax Reinvestment Agreement  Discussion:  The current contract with Caldwell County for the Sales Tax Reinvestment program will expire on June 30, 2021 and will need to be renewed. Ifrenewed, the enclosed contract will be effective The amount of the contract will not exceed one hundred ninety-four thousand ($194,000.00) dollars annually. The funds would be used by Caldwell County and the Caldwell County Economic Development Commission as incentive moneys for job growth and development. Additionally, Caldwell County is able to use up to three hundred fifty thousand ($350,000.00) dollars of the fund annually for public purposes other than economic development. This  starting July 1, 2021 and ending June 30, 2025.  expenditure is included in the FY 2021-2022 budget.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    NORTH CAROLINA CALDWELL COUNTY  SALES TAX REINVESTMENT AGREEMENT  This Sales Tax Reinvestment Agreement ("this Agreement") is entered into by and among CALDWELL COUNTY('the County"), a political subdivision of the State of North Carolina, and TOWN OF GAMEWELL "Gamewel"), TOWN OF SAWMILLS ("Sawmills"), TOWN OF CAJAH'S MOUNTAIN ("Cajah's Mountain"), TOWN OF HUDSON ("Hudson"), TOWN OF GRANITE FALLS ("Granite Falls") and CITY OF LENOIR ("Lenoir"), all being North Carolina municipal corporations  (collectively "the Municipalities").  WITNESSETH:  WHEREAS, the Towns of Gamewell, Sawmills, Cajah's Mountain, Hudson, and Granite Falls and the City of Lenoir are all municipal corporations located in Caldwell County; and WHEREAS, the Municipalities and the County desire to collectively fund economic  development activities and other public purposes within Caldwell County; and  WHEREAS, the parties have agreed that these activities and purposes will be funded by the Municipalities in consideration of the County's.continued election oft the per capita method of distribution of local government sales and use tax among the County and the Municipalities pursuant to G.S. 5105-472(b)(1), under which election the County receives less sales and use tax revenues, and the Municipalities receive more sales and use tax revenues, than they would  receive if the County elected the ad valorem method of distribution; and  WHEREAS, pursuant to the authority of G.S. Chapter 160A, Article 20, Part 1, the County and the Municipalities have each resolved to enter into this interlocal agreement to provide  funding for the activities and purposes set forth herein:  1    NOW, THEREFORE, for and in consideration oft the mutual covenants contained herein,  the parties agree and contract as follows:  1. This Agreement is entered into for the purpose of collectively funding economic development activities and other public purposes in Caldwell County. It is the intention of the parties to this Agreement that those activities which are anticipated to have the greatest county-wide impact will receive priority in funding. Decisions on which economic development activities and other public purposes to fund, and the amount ofi funding, will be made by the Caldwell County Board of Commissioners. Provided, however, that no more than $350,000.00 per fiscal year will be spent from the Fund for public purposes other than economic development, for four (4) consecutive years beginning with the fiscal year that begins July 1,  2021.  2. Administrative implementation of the Fund and oft the activities and purposes funded thereby shall be the responsibility oft the Caldwell County Manager and his staff.  3. Pursuant to the terms of previous similar agreements, the County has established a special appropriation fund ("the Fund") under the authority and control oft the Caldwell County Finance Department, which has been and shall continue to be reserved for the activities and purposes herein provided. Each Municipality's contribution to the Fund shall be paid. into the Fund during. July of each year, beginning July, 2021. All interest earned ont the monies in the Fund shall be credited to Fund and spent for the intended activities and purposes. The County shall include the Fund in its annual audit, and within two (2) weeks after its receipt of the annual audit report, it shall provide to each of the Municipalities a written report showing Fund  2    receipts, interest, expenditures and balance. During the term oft this Agreement, the county shall continue to elect each year the per capita method ofs sales and use tax distribution. 4. The term of this Agreement is for a period for four (4) years, beginning July 1, 2021 and  ending. June 30, 2025.  5. During the four (4) year term of this Agreement, the Municipalities' respective annual  contributions to the Fund shall be the following:  Gamewell Sawmills Granite Falls Hudson Cajah's Mountain Lenoir TOTAL  $189,000.00 194,000.00 27,500.00 27,500.00 155,000.00 7,000.00 $600,000.00  6. Monies paid into the Fund prior to July 1, 2017 that have not been expended willl be  used only for economic development purposes.  7. Should the sales tax revenues fall to a level below the level experienced at the time of this Agreement, each Municipality shall retain the right to request that its contribution be lowered. The request must be submitted to the County Board of Commissioners no later than January 315t. If approved, the lowered contribution would take effect in the following fiscal year, for the payment due to the County in July. Upon obtaining a request to lower the contribution amount the County shall analyze the actual sales tax receipts of each Municipality and determine if a reduction in the contribution is warranted. The ultimate authority on whether or not to reduce the contribution from each Municipality shall rest with the County  Board of Commissioners.  3    8. This Agreement may be modified only with the unanimous consent of all of the parties  hereto.  9. This Agreement supersedes all previous agreements between these parties dealing with  this same subject matter.  10. Each of the signatories below hereby represents that this Agreement has been approved in an open meeting by the governing body represented by the signatory, and that the signatory has been duly authorized to execute this Agreement as the binding act oft the governing body.  CALDWELL COUNTY  ATTEST:  Thm hMkE Clerk to the Board of Commissioners  By:  Chalrman, Board of TOWN OF GAMEWELL idm  BA  Commissioners  ATTEST: Clerkt to  By:. Mayor  aychte  thgTown Council  MKI  TOWN OF SAWMILLS  ATTEST:  By: Mayor  Clerk tot the Town Council  4    TOWN OF CAJAH'S MOUNTAIN mRan huhy  ATTEST:  79 Clerk to the Town Council  Mayor  TOWN OF HUDSON By: Gae Mayor  Clerk toi the  Cmylkas  Town Cguncil  Hwsll ,Dayar  TOWN OF GRANITE FALLS nylga  ATTEST:  Faulem. Clerk tot the Town Council    By:  CITY OF LENOIR &  ATTEST:  hikmlbnnon Clerk to thety Council  5    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  March 16, 2021 Discussion: and Regulations  Parks and Recreation Policies  Discussion: The Parks and Recreation Department has been in contact with other local municipalities regarding their policies and regulations ini regard to all matters pertaining to. Parks and Recreation. Afteri reviewing these policies and practices we have compiled a Parks and Recreation Policy Manual that we: feel best fits the needs of the Town of Sawmills.  Recommendation:  Staff recommends the policy manual be adopted as presented.    OF SALI  6 C  ORPORATED 1988  TOWN OF SAWMILLS PARKS AND RECREATION  DEPARTMENT POLICY MANUAL  ADOPTED: 3/16/2021    I. FACILITIES  POLICY AND REGULATIONS GOVERNING THE PUBLIC USE OF RECREATION  A.  NO: ENDORSEMENT  Itshould be understood by all groups andt thej public at large that the granting of permission to use: recreation facilities does not constitute an endorsement of the beliefs, viewpoints, policies, or affiliations of any individuals or groups by the recreation staff,  Parks and Recreation Committee or Sawmills Town Council.  B.  RECREATION ENFORCEMENT  Responsibility for the enforcement and interpretation oft this policy is delegated to the Town Manager and their designee if necessary. Complaints should be: made to the Town  Manager and appeals can be made to the Town Council.  C.  RESERVATION POLICY  Non-recreation oriented groups, clubs, organizations, and other agencies may reserve recreation facilities and/or rooms up to three (3) months in advance. More than one meeting during this period: may be reserved at one time at the discretion oft the Town Manager, but the facilities and rooms are not intended to be: monopolized as ai regular and/or frequent meeting place or base of operation by any non-recreation oriented group,  club, organization or agency. EQUITABLEUSE  D.  Facility reservations will bei issued as equitably as possible on a first come, first serve basis to ensure that all lawful groups will have access to recreation facilities, Recreation  programs receive first priority for use of equipment and facilities. REQUEST! PROCEDURE AND LEGALI LIABILITY  E.  Facility reservations must be submitted on aj proper request form either in-person or online at least seven (7) working days in advance oft the meeting or event by an authorized adult representative oft the group who willingly assumes: responsibility for the proper conduct of those attending the meeting or the event, cleaning of the facility at the conclusion of the meeting or event, and paying for the expense ofa any damage to the recreation property; picnic shelters may be reserved up to the day of the rental. The adult who signs the application will be held liable for all damages sustained due to the use of the facility for which the application is made, or for any violation oft these regulations.    F.  CONFIRMATION REQUIRED  Reservations receiving less than seven (7) working days' notice may be authorized by the Director of] Parks and Recreation. Telephone inquiries are welcome but official bookings must be made online or in writing using thej proper form and turned into Town Staffto provide an immediate confirmation oft the facility reservation and under no circumstances will this take more than two (2) working days. Reservations are not official until a written or online application has been received, payment made and confirmation made by thei Director of Parks and Recreation. Groups are asked to notify the Director of Parks and Recreation immediately ofa any cancellations. Repeated un-notified cancellations may  result inl loss of reservation privileges. PUBLICITY PROCEDURE  G.  All groups and especially those that willl be distributing publicity for an event at a recreation facility must make the sponsorship oft the event/program clear and include a telephone number for thes sponsorship group. The group shall not bej permitted toi issue publicity or advertising indicating recreation sponsorship or co-sponsorship unless such status is granted in writing. Neither the name nor address oft the Town of Sawmills may bet used as the official address or headquarters of any individual or organization. Staffis not responsible for providing information about any scheduled meeting and any group that repeatedly fails to inform and/or advertise toi its target audience may. have their facility privileges denied. Before publicizing that any meeting or series ofi meeting will be held at ther recreation facility, it is imperative that a reservation for all dates has been  officially confirmed. ACCESS  H.  The Town Manager or designated staff member, or appropriate Town Council member, is authorized to have access to any meeting solely to determine that it is lawful and in  compliance with the regulations oft this policy. BEHAVIOR GUIDELINES  I.  The Town Manager, or designated staff member, is authorized to deny or terminate use of recreation facilities to individuals or groups that violate the Town's policies and procedures or whose activities would tend to incite or promote imminent lawless action, or are obscene. In general, one warning will bei issued. Any appeals may be made to the  Town Council.  J.  COMMON AREAS    Common lobby areas, kitchenette, public restrooms and phone lines are all considered to bej public areas and incapable ofb being reserved. Use ofk kitchenette (ifany), and any groups needing to. have access must share lobby area. Ifrequested the staffv will inform any group of requests by any other group(s) to use the kitchenette and/or lobby areas.  K.  FIRE REGULATIONS  Fire exits are clearly identified and are tol be used only in case of an emergency. Under no circumstances can the fire exits bel blocked by furniture or other equipment items.  L.  FURNISHINGS & EQUIPMENT  Al limited number of stackable chairs and folding tables may be provided by the Town for  use in all facilities on a first come, first serve basis.  M. EQUIPMENTTRAINING REQUIRED  Itist the responsibility of anyone using recreation furnishings and equipment to make sure that they are properly trained in its use ahead oft time. Staff will be glad to provide instruction in the use of recreation equipment as their time permits and preferably well in advance oft the reservation. The person who signs for the facility is legally responsible for the proper use for any furnishings and equipment used by the group.  N.  SELF SERVICE. ARRANGEMENTS  Groups using the meeting rooms are required to do their own arranging of chairs and furniture and setting up of equipment. The staff will assist only sO far as showing where items are stored and serving special items of equipment. Requests for extra furniture or special equipment should be made at the time oft the reservation. Groups must allow sufficient time for furniture arrangement and clean up when making their booking requests. Normal procedure is to put all furnishings and equipment back into storage (leaving an empty room) unless specifically instructed not to do sol by the recreation staff.  O.  WEAR & TEAR  Activities involving more than normal wear and tear on the facilities will not be permitted. Groups may not affix any posters, banners, etc. to facility walls or other areas unless special low adhesive non-marring tape is used. Care is requested in the setting up and putting back of recreation furnishings and equipment to minimize wear and tear. Furniture items should not bej placed where they can mar facility walls or block fire exits.  P.  NO SMOKING restrooms.  Smoking is not permitted at any Town of Sawmills recreation facility-including    Q. NOALCOHOLIC BEVERAGES  Alcoholic beverages of any type are not permitted in any Town of Sawmills recreation  facility or park. CLIMATECONTROL  R.  Thel heating, ventilation and air conditioning systems for recreation facilities may be on a timer. Groups need tol be aware that special arrangements may need tol be made for after  hours use of facilities where systems are on a timer.  S.  MEAL FUNCTIONS  Light refreshments, covered dish, and catered meal functions are permitted in recreation facilities. On site cooking is prohibited except to warm already prepared food. This is essentially an' "honor" system and any spills or accidents must be reported and the cleaning deposit willl be retained if necessary. All plates, cups, eating utensils, etc. must bei furnished by the user. All facilities used by the group must be left clean, all food items must be removed, electrical equipment must be turned off, and furnishings and equipment must be cleaned and returned to their original location. Failure to adhere to these regulations may: result inl loss off facility reservation privileges.  T.  NOISE RESTRICTIONS  Programs in recreation facilities may not disrupt those groups using adjacent recreation rooms/facilities. Loud noise (i.e. music or singing) may not emanate beyond the walls of the meeting room. Ifnoise interferes with meetings of other users, or the recreation programs, the Town Manager, or designated staff member, willi issue a warning. Ifan appropriate reduction int the volume level is not made by the group then the meeting can  bet terminated and future use denied.  U.  TELEPHONE  Any recreation facility telephone should be used for emergencies only.  V.  USE BY MINORS  Individuals or groups under thel legal age ofe eighteen (18) are permitted to use the recreation facilities, but after hours use will only bei issued to a sponsoring adult who agrees tol be legally responsible for the use of the recreation facility according to this  policy.    W. SOCIAL USE  Use of recreation facilities for social events is] permitted sO long as all other regulations  are complied with and the appropriate fees are paid. USEI BY NON-RESIDENTS OF THE TOWN OF SAWMILLS  X.  Use ofi recreation facilities by non-residents for the Town, for "profit" or social groups is  permissible at thel listed fee. FEE SCHEDULE  Y.  Groups will be charged the appropriate fees as determined by the Fee Schedule adopted  by the Town Council (see attached fee schedule).  Z.  CLOSING PROCEDURE  The adult who signs out the facility must agree to all the above regulations. In addition, that person must agree to comply with all the closing procedures and be willing to receive instructions int these procedures from the staff (See Opening and Closing Checklist). All individuals and groups are responsible for making suret that the outside door is secure and  must not presume that another group will do this.  II.  GUIDELINE FOR WAIVER OF RENTAL FEE  Guidelines for non-profit organizations using and requesting a waiver of rental fees.  A.  Non-Profit organizations must produce valid evidence ofa federal tax I.D: number  and must show proofofliability insurance in an amount agreed to by the Town.    B. C.  Non-profit organization must consist ofar majority ofTown residents.  The application for use oft the facility and waiver oft the fee must be submitted a minimum  oftwo( (2) weeks prior to using the facility for consideration.  D. The non-profit organization is solely responsible for replacing and repairing any broken  equipment that is damaged during the course oft the rental agreement.  E. F. 11:00 p.m.  The non-profit organization must announce, post, and enforce the policy of no smoking The non-profit organization must agree that any event scheduled must be completed no later that 10:30 p.m. and that the facilities used shall be emptied, secured, and locked nol later than G. The non-profit organization agrees to present a security deposit which will be returned if the facility is found to be clean and in good repair (for more information reference the Fee Chart). H. The non-profit organization shall be able to request use oft the facility and waiver oft the  and no alcoholic beverages on thej premises during the course of the rental period.  rental fee no more than four (4) times per year.  I. J.  The non-profit organization agrees to abide by these guidelines and all other facility  policies and procedures which apply to the use ofTown parks and facilities.  Any fund-raising request held in' Town Parks and Recreation Department facilities must be submitted to the Town Manager for staff review and recommendation. Requests submitted without sufficient explanation for use oft the specified facility will be returned to the requestor for further information. Upon staff recommendation, the request will be submitted to the Town  Council for their consideration.  K.  Itisrecommended that all requests be submitted six (6) weeks in advance to allow  sufficient time to process the request.  III. PROGRAM AND FACILITY POLICIES    A.  Non-residents: 1.  Inc order to participate in thel Parks and Recreation Department's organized sports programs or instructional classes, non-residents oft the Town of Sawmills must pay a non-resident fee. The family plan entitles the entire family to participate fora a one (1)  year period, from date ofj purchase for sports programs/  B.  Classrooms: 1.  Residents and non-residents oft the Town of Sawmills may reserve a classroom by paying aj per hour room rental fee. When reserving after hours, aj per hour supervisor  fee will be charged. Ball Fields: 1.  C.  Residents and non-residents ofthe" Town of Sawmills may reserve a sports field, out-of-season, by paying a non-refundable fee per field and ai non-refundable light fee. Teams participating in leagues may reserve: a sports field in-season. Teams must paya  fee for lights set forth in fee schedule.  2. 3. 4.  Bulletin boards are to be used for Town sponsored programs only.  Telephone reservations are not accepted. Customers must secure the reservation In the event ofinclement weather or unforeseen circumstances, refunds will be issued provided the requesting party contact the Director of] Parks and Recreation or the  inj person any pay all applicable fees prior to usage.  administrative office by 12:00 p.m. the next business day.  Note: Sponsors ofteams or programs have rental fees waived twice per sponsorship year for sports fields, classrooms, facilities, and picnic shelters. Reservations must be made at Town  Hall or online. D.  Playgrounds: 1.  The Town of Sawmills does not reserve playgrounds. Use of playgrounds are  handled on a first come, first serve basis.    OFSAVIN  TOWN OF SAWMILLS Parks and Recreation Department Volunteer Coaches Policy  ORPORATED  Coaches are selected, pending Town of Sawmills background check, on the following criteria:  Previous coach  Positive outcome from previous coaching with Sawmills or reference of other Recreation Department. (This does NOT mean win - loss record) Works well with youth. Engaging and age appropriate. Works well with administration and parents. Communication, and support. Works well with game officials. Age appropriate with focus not driven by "win at all Town Manager or his designee have the final say in appointing coaches.  cost" mentality.    OFSAWM  TOWN OF SAWMILLS COACHES BACKGROUND CHECK POLICY  RATEO  Criminal Background Checks. All candidates or a volunteer position with the Town or volunteers with Recreation Department must submit to a criminal background check. A background check will be conducted for full-time, part-time or volunteer position with the Town of Sawmills Parks and Recreation Department. An individual may be denied employment if the individual has been convicted of any crime against aj person, crimes against property where intent is evident or any drug or gambling offense. Coaches and other volunteers will submit to a background check at least once  per year.  Disqualifiers for Recreation Volunteers and Staff  Thei following willl bet used as criteria to disqualifyapotential employee or volunteer ofthel Recreation  Department:  All Sex Oftenses-regardless oft the amount oft time since the offense Felonies-All violent felonies-regardless ofthe amount oftime since the offense NomVioleNonsctulany within the last 7 years Misdemeanors-all offenses involving children within the past 5 years Misdemeanors-noti involving children within in the last 3 years    OF SAV  TOWN OF SAWMILLS Parks and Recreation Department Draft Policy  RATEC  Teams will be drafted/redrafted at the beginning of each athletic season with the only  exception being if the league rules stipulate teams remaining intact.  Once teams have been drafted, there will be absolutely no changes to rosters including but not limited to additions of non-registered participants. For example: Once a player is established on a team they must play for that team, there will be no switching, trading etc. Family members within divisions will be drafted to the same team.  Carpool and or family friends do not qualify as family and will not be guaranteed to be on the In age divisions where score is kept, skills assessment(s) will be conducted by the Recreation Department or head coaches of teams to ensure that coaches are not picking blindly. Ifap participant is not present at the skills assessment the participant is not eligible for the draft. The Recreation Director has the ability to place participants where iti is needed if participants Coaches will assign what round their children should be drafted in. for example: Coach A's daughter is a first-year player and struggles to hit, while Coach B's daughter has played for several years and hits well. Coaches would agree that Coach B would draft child in an earlier "Snake" style drafts will be conducted with head coaches by a Recreation Department employee in a private setting. A coin flip or card pick will determine draft order. The team with the last pick in the first round has the first pick in the second. In the third round, the order reverses again, and continues to alternate for each subsequent round. After draft is complete, Coaches will fill out a draft sheet in randomized order for call sheet, jersey order, and  same team.  do not show up to the skills assessment.  round than Coach A based remaining players in the draft.  department records.  Ifcoaches come into the season with a designated assistant coach then the following will be assessed. 1) All coaches will be asked if there are any exceptions. 2) Assistant coaches child will be assessed by all coaches and assigned a round that they must be drafted in. If any coach has exception to either than the child will be placed in the draft pool and open for any coach to The object of each draft is to split teams as even as possible. The Recreation Director reserves  draft.  the right to rule on any draft situation as he/she sees fit.    MAYOR Johnnie Greene TOWN MANAGER Chase Winebarger TOWN PLANNER Dustin Millsaps  TOWN COUNCIL Keith Warren, Mayor Pro-Tem Clay Wilson Rebecca Johnson Melissa Curtis Joe Wesson  OFAER  C  "CORPORATED 1988  Town of Sawmills Council Meeting  March 16th, 2021 6:00 PM  PLANNER'S STAFF REPORT  Address: N/A PIN: 2766486954 Zoning: (RA-20) Background  Owner Name: William D. Fields & Shauna L. Leone Land Area: 1.20 acres (approximately) in ourj jurisdiction  10.98 acres total  This property is right on the edge of the Town of Sawmills jurisdiction. The total of 10.98 acres with the majority of the land (9.78 acres) being located in the Town of Hudson. While The reason for this rezoning is because the owners of the parcel want to purpose the smaller piece ofl land in Sawmills limits for a greenhouse. Greenhouses are only permitted by right in the General Manufacturing District (G-M). The two properties across the street are already  the approximate land in the' Town of Sawmills being 1.20 acres.  listed as G-M, SO it would not stick out. Land Use and Zoning Surrounding Zoning: North: Town ofHudson (R-20) South: G-M East: RA-20 West: G-M  This properties current land use is vacant with no primary structure or use.    Surrounding Land Use: North: Single Family Residentia/Vacant Land South: General Manufacturing East: Single Family Residential West: General Manufacturing starecommendation  Staff recommends that the Town of Sawmills rezone this lot to G-M from (RA-20). This will grow the Town's commercial industry and bring Green jobs to Sawmills. This will also bring in some more tax money to the city for property taxes. Staff also recommends to proceed  with the calling of a public hearing for next council meeting.  Planning Board issues with this rezoning.  Town of Sawmills Planning Board met on this issue on March 2, 2021. They recommended the rezoning procedure shall proceed forward to Town Council. Planning Board raised no  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  tpwww.townolsavmilis.com  The Town of Sawmills does not discriminate ont thel basis ofa age, sex, race, religion, national origin, disability, political affiliation, ori maritals status.    Western Piedmont Council of Governments Creative Regional Solutions Since 1968  1880 Second Avenuel NWIHickory, NC 28601 POE Box 9026]Hickory, NC 28603 828.322.9191 Fax: 828.322.5991 www.pcogorg  160D Legislative Updates Zoning and Subdivision Ordinance  The new Chapter 160D of the North Carolina General Statutes consolidates current city- and county-enabling statutes for development regulations (previously Chapters 153A and 160A) into as single, unified chapter. Chapter 160D places these statutes into ai more logical, coherent organization. While the new law does not make major policy changes or shifts ini the scope of authority granted to the Town of Sawmills, it does provide many clarifying amendments and consensus reforms that were required to be incorporated into thet town's development regulations. As such, Chapter 160D requires that the town's zoning, subdivision, and other Additionally as ai result of Chapter 160D, cities and counties that have zoning ordinances must have an up-to-date comprehensive plan or land use plan by July 1, 2022. This is not something that is written ini the ordinance, but aj procedure that the town will need to follow to support Chapter 160D is effective now, but the state granted local governments to have until July 1,2021 for the development, consideration, and adoption ofr necessary amendments to conform local ordinances to this new law. The Town of Sawmills contracted with Western Piedmont Council of Governments (WPCOG) to update the town's current zoning and subdivision development regulations to conform with the requirements of Chapter 160D. During this process WPCOG staff presented the required and optional changes to thel Planning Board and updated the ordinance according to the Planning Board's response. All required changes and updates to optional changes (which were already adopted by the zoning and subdivision ordinance) have been made. The optional changes that were made and not previous adopted in the existing 1) Zoning Ordinance, $153.005 Definitions - Update to existing or addition ofn new definition for administrative decision, determination, developer, development, development approval, development regulation, dwelling, evidentiary hearing, legislative 2) Zoning Ordinance, $153.212 Powers and Duties ofthe Board of Adjustment- Allowing for minor modification to approved special use permits by administrative approval. During the Planning Board meeting on March 2nd, 2021 the Planning Board voted to recommend the Chapter 160D changes to the zoning and subdivision ordinance to Council for approval.  development regulations be updated to conform to the new law.  development decisions.  ordinances include the following:  decision, and legislative hearing.  Below is a list ofall changes that were made to the ordinances:  Executive Committee: Bob Floyd,. Jr., Chair Jill Patton, Vice Chair Johnny Berry, Secretaryl George B. Holleman, Treasurerl Barbara Pennell, Past Chairl At-Large Members: Wayne F. Abele, Sr. Kitty) W. Barnes John F." "Chip" Black, Jrl Joseph L. Gibbons Executive Director, Anthony W. Starr Serving: Alexander Countyl Taylorsvillel Burke Countyl Connelly Springs] Drexel] Glen Alpinel Hildebran! Morganton! Rutherford Collegel IValdese Caldwell Countyl Cajah's Mountain! Cedar Rock! Gamewell Granite Falls Hudson! Lenoir I Rhodhiss Sawmills Catawba Countyl Brookford]  Catawbal Claremont Conover Hickory/Long' Viewl Maiden! Newton    Western Piedmont Council of Governments Creative Regional Solutions Since 1968 Chapter 160D Zoning Ordinance Changes:  1880: Second. Avenue NWIHickory,NC 28601 POE Box 9026]Hickory, NC 28603 828.322.9191 Fax: 828.322.5991 www.wpcog.org  1) $1 153.001 Purpose, Authority And Enactment, (A) - updated G.S. citation 2) $1 153.001 Purpose, Authority And Enactment, (B) - added text to define jurisdictional authority and G.S. citations referencing the official zoning map and ETJ area. 3) $153.005 Definitions - updates to definitions as previously mentioned above. 4) $153.005 Definitions - Conditional Use Permits are now required to be termed Special Use Permits. Anywhere in the ordinance where Conditional Use Permit was listed the term "conditional" has been replaced with "special." . The definition itselfhas not 5) $153.005 Definitions - updated G.S. citation in Manufactured Home definition. 6) $153.017 Official Zoning Map Added text and G.S. citation referring to the Official Zoning Map. An updated Official Zoning Map is now required tol be regularly updated 7) $153.054 RMHP Manufactured Home Park District/Floating Zone, (4) - updated G.S. 8) $153.190. Zoning Enforcement Officer, (D) - New subsection referring to conflicts of 9) $153.190. Zoning Enforcement Officer, (E): - New subsection referring to the Zoning Enforcement Officer's permission toi inspect work pursuant to development approval and 10)$153.191 Zoning Permit Required - Added text and G.S. citation in association with written notice of determination tol be provided to the permit applicant. 11)$153.192 Application For Zoning Permit, (B) - Removed former subsection B concerning permit expiration. Subsection B is now in referral to vesting as defined by G.S. Zoning permits now expire 1 year afteri issuance unless substantial work has commenced. Vesting rights to development are also established ini this subsection. 12)$153.192 Application For Zoning Permit, (C)- New subsection and added G.S. citation 13)$153.194 Violation Of Chapter; Penalties And Remedies (D) - Added text and G.S. citation to further define procedures upon discovery of violation. Primarily the delivery 14) $153.205 Establishment Of Board Of Adjustment (A) - updated G.S. citation 15)$153.206 Decisions OfThe Board Of Adjustment (C) - New subsection and added G.S. citation concerning conflicts ofinterest procedure for members oft the Board of 16)$153.206 Decisions OfThe Board Of Adjustment (D) - New subsection and added G.S. citation concerning quasi-judicial procedures for certain determinations. 17)$153.207 Proceedings OfThe Board Of Adjustment - updated G.S. citation 18)$153.208 Appeals, Hearings And Notice - removed former text and replaced with that of  changed.  and maintained for public inspection.  citation  interest in administrative approval.  in accordance with applicable State and local laws.  concerning revocation of development approvals.  oft the notice of violation.  Adjustment.  160D. Concerns appeal procedure.  Executive Committee: BobF Floyd. Jr. Chairl Jill Patton, Vice Chair Johnny Berry, Secretary George B. Holleman, Treasurer Barbara Pennell. Past Chairl At-Large Members: Wayne F. Abele, Sr. Kitty W. Barnesl John F." "Chip" Black,. Jr. Joseph L. Gibbons Executive Director, Anthony W.: Starr Serving: Alexander County/Taylorsville) Burke Countyl Connelly: Springs Drexell Glen Alpinel Hildebranl Morganton Rutherford Caldwell County Cajah's Mountain! Cedar Rock! Gamewelll Granite Falls Hudson Lenoir Rhodhiss Sawmills Catawba Collegel Valdese  Catawba Claremont Conover HickoryILong' View! Maiden! Newton:  Countyi Brookford    Western Piedmont Council of Governments Creative Regional Solutions Since 1968  1880 Second. Avenue NWIHickory NC 28601 POI Box 9026] Hickory, NC 28603 828.322.9191 |Fax: 828.322.5991 www.wpcog.org  19)$153.212 Powers and Duties of the Board of Adjustment (E)- - Allowing for minor modification by administrative approval, as mentioned above. This insert moves each 21) $153.225 Procedure For Amendments, (C) -1 removed former text for Planning Board Consideration and replaced with that required by 160D and added G.S. citation. All proposed amendments, supplement, change, modification or repeal to the zoning ordinance shall be referred to the Planning Board for its recommendation and report. Procedures for public hearing notification. Procedure concerning conflict ofinterest for 22)$153.225 Procedure For Amendments, (E) - New subsection and G.S. citation concerning plan consistency when adopting or rejecting any zoning text or map amendment. Also procedure concerning conflict ofinterest for members oft the Council.  subsequent subsection down a letter in the list.  20)$153.225 Procedure For Amendments, (A) - updated G.S. citation  members ofthe Planning Board.  23)$153.226 Protest Petition (A) - update G.S. citation Chapter 160D Subdivision Ordinance Changes: 1) $152.003 Authority - updated G.S. citation  2) $152.004 Jurisdiction - Added text and G.S. citation concerning provisions oft the 3) $152.005 Definitions - updated the definition of Subdivision and added G.S. citation 5) $152.035 Procedure For Review OfDivisions Or Alterations Of] Property Lines Where NoI Local Approval Is Required, And Review OfMinor And Major Subdivisions, (A)- added new subsection to provide a general statement requiring procedure ofa final plat pursuant to this ordinance along with the G.S. citation overseeing platting requirements and performance guarantees. This insert moves each subsequent subsection down a letter 6) $152.035 Procedure For Review OfDivisions Or Alterations Of Property Lines Where No Local Approval Is Required, And Review OfMinor And Major Subdivisions, (B) - added new subsection to provide a general statement requiring that a final plat have Town approval before recording along with the G.S. citation that enacts the Town to regulate subdivisions. This insert moves each subsequent subsection down a letter in the 7) $152.036 Procedure For Review OfD Divisions Or Alteration Of Property Lines Where 8) $152.037 Procedure For Review OfMinor Subdivisions, (A) - new subsection noting that minor subdivisions do not have to follow the same procedure as major. Cross- 9) $152.037 Procedure For Review OfMinor Subdivisions, (B) - new subsection that establishes preliminary plat. This already existed but there wasi no cross-reference under  chapter andj jurisdiction.  4) $152.018 School Sites On Land Use Plan - updated G.S. citation  in the list.  list.  No Local Approval Is Required, (C) - updated G.S. citation  reference to minor subdivision requirements. minor subdivision review to note the requirement.  Executive Committee: Bob Floyd, Jr, Chair IJill Patton, Vice Chair Johnny Berry, Secretaryl George B. Holleman, Treasurer Barbara Pennell, Past Chair At-Large Members: Wayne FA Abele, Sr.] Kitty) W. Barnes] John F." "Chip" Black, Jr. Joseph L. Gibbons Executive Director, Anthony) W. Starr Serving: Alexander County Taylorsville Burke Countyl Connelly Springs] Drexel] Glen Alpine] Hildebran! Morganton Rutherford Caldwell Countyl Cajah's Mountain Cedar Rock Gamewell Granite Falls I Hudson Lenoir Rhodhiss Sawmills Catawba Countyl Collegel Brookford Valdese  Catawbal Claremont Conoverl Hickory/Long Viewl Maiden] Newton    Western Piedmont Council of Governments Creative Regional Solutions Since 1968  1880 Second. Avenue NWI Hickory,NC 28601 POI Box 9026] Hickory, NC 28603 828.322.9191/Faxt 2325WAwwpORwg  10)$152.037 Procedure For Review OfMinor Subdivisions, (C)-u updated and added G.S. citation that minor subdivisions only require administrative approval. 11)$152.037 Procedure For Review OfMinor Subdivisions, (D)- Added text concerning the approval of preliminary plats and preparation of final plats. 12)$152.037 Procedure For Review OfMinor Subdivisions, (E) - changed preliminary"to "final" plat for submission of approved plat for signature and recording. 13)$152.043 Guarantee Ofl Improvements (A)- Added text and G.S. citation regarding acceptable forms ofa performance guarantee, and performance guarantee duration, extension, release, amount, timing, coverage, legal responsibilities, multiple guarantees, 14)$152.043 Guarantee Of Improvements (B) - removed text that is now covered in 15)$152.055 Surveying Standards (B) - updated cross-reference to $152.035(D) and $152.035(C) since subsections A and B were added as noted above. 16)$152.80 Flag Lots, (B) - updated cross-reference to $152.035(C) since subsections A 17)$152.145 Variances (B) - updated text and G.S. citation to the requirements for granting 18)$152.999 Penalty, (B) - Added text and G.S. citation in association with subdivision  and exclusion. subsection A.  and B were added as noted above.  a variance.  violation, penalty, and exemptions.  Executive Committee: Bob Floyd, Jr., Chair JIIF Patton. Vice Chairl Johnny Berry. Secretaryl George B. Holleman. Treasurer Barbara Pennell. Past Chair At-Large Members: Wayne F.A Abele. SrKitty W. Barnes] John E. Chip" Black. Jrl Joseph L. Gibbons Executive Director, Anthony W. Starr Serving: Alexander Countyl Taylorsvillel Burke Countyl Connelly Springs] Drexel Glen Alpine) Hildebran Morganton Rutherford Collegel Valdese Caldwell Countyl Cajahs Mountain! Cedar Rock Gamewell Granite Falls Hudson Lenoir I Rhodhiss Sawmills I Catawba County Brookford  Catawba/Claremont Conover HickoryILongView! Maiden Newton    Zoning  63  GENERAL PROVISIONS  $1 153.001  PURPOSE, AUTHORITY AND ENACTMENT  (A) For the purpose of promoting the health, safety, morals and the general welfare of the community, an ordinance regulating the uses of buildings, structures and land for trade, industry, commerce, residence, recreation, public activities or other purposes; the size of yards, courts and other open spaces; the location, height, bulk, number of stories and size of buildings and other structures, the density and distribution of populations creating districts of said purposes, and establishing the boundaries thereof; defining certain term used herein; providing for the method of administration, amendment and enforcement; providing penalties for violations; providing foral Board of Adjustment and defining the duties and powers of the Board; recalling conflicting ordinances; and for other purposes pursuant to the authority granted by the G.S. Chapter 160D, Article 19, Part 3. (B) The Town Council of the Town of Sawmills, in pursuance of the authority granted by state law, particularly G.S. $ 160D-200, and that land as designated by the official zoning map as authorized  by G.S. $ 160D-307, tol be known as EXTRATERRITORIAL AREA.  (Ord. Art 1,1 passed 2-19-2008)  $153.002  SHORTT TITLE  This chapter shall be known as the "Zoning Code of the Town of Sawmills, North Carolina" and may be referred to as the "Zoning Code," and the map which is identified by the title "Official Zoning Map,  Sawmills, North Carolina," may be known the "Zoning Map."  (Ord. Art. II, passed 2-19-08)  $153.003  INTERPRETATION AND APPLICATION OF CHAPTER  (A) In interpreting and applying this chapter, the requirements contained herein are declared to be the minimum requirements necessary to carry out the purposes of the Zoning Code. Except as herein provided, this chapter shall not be deemed to interfere with, abrogate, annul, or otherwise effect in any manner whatsoever any easements, covenants, or other agreements between parties. Whenever the provisions of this chapter impose greater restrictions upon the use of thel land or buildings or upon thel height of buildings or require al larger percentage ofa al lot tol bel left unoccupied than thej provisions of other ordinances, rules, regulations, permits or any easements, covenants or other agreements between parties, the provisions of this chapter shall govern, except as provided herein. (B) Nol land, building, or structure shall be used, no buildings or structure shalll be erected, and no existing building or structure shall be moved, added to, enlarged or altered except in conformity with this  chapter. $153.004  (Ord.. Art. III, passed 2-19-2008)  INTERPRETATION OF CERTAINTERMS AND WORDS.  (A) Words used in the present tense include the future tense.    64  Sawmills- Land Usage  (B) Words used inj the singular number include tile plural and words used in the plural number include (C) The word PERSON includes a firm, association, corporation, trust and company, as well as  the singular, unless the natural construction of the wording indicates otherwise.  individual.  (D) The words USED FOR shall include the meaning DESIGNED FOR. (E) The word STRUCTURE shall include the word BUILDING. (F) The word LOT shall include the words PLOT, PARCEL, or TRACT. (G). The word SHALL is always mandatory and not merely direction.  (H) The term CERTIFICATE OF ZONING COMPLIANCE shall include the term ZONING (I) For any word or term not explained or defined by this Ordinance, the explanation and/or definition shall be first determined by definitions utilized by any county, state, or federal statues, ifa definition or explanation is not identified by the above method, refer to the most recent edition of Webster's  COMPLIANCE PERMIT.  Dictionary for an explanation or definition. (Ord. Art VI, $60A, passed 2-19-2008)  $153.005  DEFINITIONS  For thej purpose of this chapter, the following definitions shall apply unless the context clearly indicates or ACCESSORY DWELLING. A dwelling unit that is accessory, supplementary, and secondary to the principal DWELLING UNIT that may be constructed as an addition to the principal structure or as an ACCESSORY STRUCTURE. A structure incidental and subordinate to thej principal structure and located on the same parcel with such. principal structure. Swimming pools (above and below ground) are ACCESSORY STRUCTURES. Items such as doghouses, bird houses, benches, picnic tables and the like are: not considered ACCESSORY STRUCTURES. Gazebos, covered picnic shelters, and the like are not considered ACCESSORY STRUCTURES except for meeting setback requirements. When the term ACCESSORY BUILDING is used in this chapter, it shall be interpreted to mean ACCESSORY STRUCTURE as defined herein. Tractor trailers, manufactured homes, and storage pods may not be used ACCESSORY USE. A use customarily incidental and subordinate to the principal use and located on the same parcel with such principal use. In no instance shall an. ACCESSORY USE be used as principal use.  requires a different meaning.  accessory building.  as ACCESSORY STRUCTURES in the residential zoning districts.    Zoning  65  Furthermore, in no instance shall an ACCESSORY USE be placed upon a parcel which is absent of a ADMINISTRATIVEDECISION. Decisions made in thei implementation, administration, or enforcement ofdevelopment: regulations that involve the determination oft facts and the: application of objective standards set forth in this Chapter or local government development regulations. These are sometimes referred to as ADULT ESTABLISHMENIS. A land-use which is established for the explicit purpose of adult (1) The following items represent but are not limited to, examples of ADULTI ESTABLISHMENTS: ADULT ARCADE. An establishment where, for any form of consideration, one or more motion picture projectors, slide projectors, or other similar machines for viewing by five or fewer persons each are used to show films, motion pictures, video cassettes, DVD's or other photographic or digital reproductions. that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (See division (2) of this definition for the definition of ADULT BOOKSTORE. An establishment that has as a substantial portion ofi its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, DVD's, slides or other visual representations that are characterized by an emphasis upon the depiction or description of specialized sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. (See division (2) oft this definition for the definition ofs specified sexual activities or specified anatomical areas.) ADULT CABARET. A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure ofs specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, DVD's, slides, or other photographic or digital reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (See division (2) oft this definition for the definition of specified ADULT MOTION PICTURE THEATER. An establishment where, for any form or consideration, films, motion pictures, video cassettes, DVD's, slides or other similar photographic or digital reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing ofi material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. (See division (2) oft this definition for the definition ofs specified. ADULT THEATER. A theater, concert hall, auditorium, or similar establishment characterized by (activities featuring) the exposure of specified anatomical areas or by specified sexual activities. (See division (2) of this definition for the definition of specified sexual activities or specified anatomical MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment, or similar treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner,  principal use.  ministerial decisions or administrative determinations.  entertainment.  specified sexual activities or specified anatomical areas.)  sexual activities or specified anatomical areas.)  sexual activities or specified anatomical areas.)  areas.)    66  Sawmills-1 Land Usage  chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa, or similar establishment where a massage or similar manipulation of the human body is offered as an SEXUAL ENCOUNTER ESTABLISHMENT. An establishment other than a hotel or motel, or similar establishment offering public accommodations, which, for any form of consideration, provides aplace where two or more persons may congregate, associate, or consort in connection with specified sexual activities or the exposure of specified anatomical areas. This definition does not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person (2) (a) SPECIFIED ANATOMICAL AREAS. As used herein, specified anatomical areas means and  incidental or accessory service.  licensed by the state engages in sexual therapy. includes any form of the following:  1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or  female breasts below aj point immediately above the top of the areola; or 2. Human male genitals even if completely and opaquely covered.  (b) SPECIFIED SEXUAL ACTIVITIES. As used herein, includes any oft the following: 1. Thei fondling or other erotict touching of human genitals, pubic region, buttocks, anus, or female 2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or  breasts; sodomy;  3. Masturbation, actual or simulated; or Ithrough 3 oft this definition.  4. Excretory functions as part of or in connection with any oft the activities set forth in divisions (3). An establishment where aj person appears in a state of nudity as part of a modeling class will not be (a) By aj proper school, licensed by the state; a college, junior college, or university accredited by a  construed as an. ADULTE ESTABLISHMENT ift the establishment is operated:  nationally recognized accreditation authority; and  (b) In a structure:  1. Which has no sign visible from the exterior of the structure and no other advertising that 2. Where, in order to participate in the class, a student must enroll at least three days in advance  indicates a nude person is available for viewing;  oft the class; and  3. Where no more than one model is nude at any one time.    Zoning  67  ALLEY. A public way which affords only a secondary means of access to abutting property and not ALTERNATIVE STRUCTURE. A structure which is not primarily constructed for the purpose of holding antennas but on which one or more antennas may be mounted. ALTERNATIVESTRUCTURES include, but are not limited to, buildings, silos, water tanks, pole signs, lighting standards, steeples, ANTENNA. Any exterior transmitting or receiving device which radiates or captures electromagnetic ANTENNA, CONCEALED. An antenna with a support structure that screens or camouflages the presence of antennas and/or towers from public view, in a manner appropriate to the site's context and surrounding environment. Examples of CONCEALED ANTENNAS include but are not limited to manmade trees, clock towers, flag poles, light structure, steeples, camouflage painting and similar objects. ANTENNA, DUAL-BANDMULTI-BAND. An antenna with separate elements for two or more commercial wireless service frequency bands (example: cellular and PCS or specialized mobile radio). AUTOMOBILE SALES LOT. A land use which utilizes a parcel of property for the storage, open or AUTOMOBILE REPAIR. A facility which is operated for the purpose ofi repairing and/or reconstructing AUTOMOTIVE CAR WASHDETAILSHOP. A facility where either the owner of an automobile or an BACKYARD WORKSHOP. A home occupation which is conducted within an accessory structure. BED AND BREAKFASTI INN. An owner-occupied dwelling unit which provides for short-term lodging BILLBOARD. An off-premises sign owned by a person, corporation, or other entity that engages in the BUFFER. A method, perpetually maintained, by which a view of one zoning district is shielded, concealed or hidden by a visual block which is constructed or preserved upon the site. When existing vegetation is  intended for general traffic circulation.  billboards and electric transmission towers. waves (excluding radar signals).  concealed, and sale of new and/or used automobiles.  automobiles.  employee of the establishment cleans automobiles.  accommodations (less than thirty days), with or without meals, for compensation.  business of selling the advertising space on that sign.  present such vegetation shall be preserved for buffering purposes.    68  Sawmills - Land Usage  Commmeralal Ditrict TITIL  Residential District  Buffer,  BUILDING HEIGHT. The vertical distance measured from the average elevation oft the finished lot grade at the front building line to the highest point of the roof beams adjacent to the front of the wall in the case ofa flat roof, to the average height of the gables in the case of a pitched roof, and to the deck line in the  case ofar mansard roof.  RESIDEMTTAL STRVETURE BING KLICET  ASE  COMHERGIAL STALOTURE  soor"  ULDING ALIGNT BAADE  SASLIKT  BUMPER OVERHANG. The distance measured from the outermost portion of the curb stop forward which is intended to allow area for the portion of the vehicle that protrudes forward or backward beyond the wheels of said vehicle so that said vehicle does not protrude into any vertically adjoining parking stalls. BUSINESS SIGN. A sign which directs attention to goods, commodities, products, services, or  entertainment sold or offered upon the premises where the signi is located.    Zoning  69  CAMPGROUND. An area ort tract ofl land on which accommodations fort temporary occupancy are located ormay be placed, including cabins, tents, and major recreational equipment, and which is primarily used for recreational purposes and retains an open air or natural character. In no instance shall a  CAMPGROUND be used forj permanent residency. CANOPY.. An attached structure which provides shelter.  CELLAR. A story having more than one-half ofi its height below the: average level oft the adjoining ground. CEMETERY, COMMERCIAL. A facility not used in conjunction with a church or similar place of worship, which is used for the burial, above or below ground, of deceased human beings or animals. This definition includes columbariums, crematories, mausoleums, and mortuaries when operated in conjunction CLINIC. An establishment where patients are admitted for special study and/or treatment by one or more CLUSTER DEVELOPMENT. The grouping of buildings in order to conserve land resources and provide fori innovation in the design oft the project. This termi includes non-residential development as well as single- family residential subdivisions and multi-family developments that do not involve the subdivision of land. CLOSTER DEVELOPMENTS shall be developed utilizing the identical standards placed upon Planned CO-LOCATION. The placement of additional antennas of antenna arrays on an existing or approved telecommunications tower (or alternative structure), the sharing of an antenna ora antenna array, or otherwise sharing a common location by two or more commercial wireless service providers of personal wireless services. CO-LOCATION includes antennas, transmitters, receivers and related electronic equipment, cabling, wiring, equipment enclosures and other support equipment or improvements located on the tower COMMERCIAL WIRELESS SERVICE PROVIDER. Persons who operate radio systems requiring an FCC license and who employ those facilities to provide fixed wireless (including microwave) or mobile wireless communication services to third parties for compensation. COMMERCIAL WIRELESS SERVICE PROVIDERS include, but are not limited to cellular, personal communication services (PCS), specialized mobile: radio (SMR), enhanced specialized mobile radio (ESMR), paging, and competitive local CONDPONAISPECIAL USEI PERMIT.. Aj permit granted by the Board of Adjustment after the Board holds a quasi-judicial public hearing. Such a permit authorizes a use, the nature of which, would not be appropriate generally throughout the zoning district but which, if regulated as to number, size, location or relation to the neighborhood, would not hinder the public health, safety, and general welfare. Each district shall have a list of conéitienalspecial uses which could be authorized within such district. If a condtionalspecial use is not listed in the subject district then it is prohibited. Conditions outlined by the Ordinance may not be modified and/or omitted by the Board of Adjustment. Additional conditions which are not listed in the Ordinance may be added to the CONDIONAISPECIAL USE PERMIT by the CONDOMINIUM. A group of dwelling units as defined by the North Carolina Condominium Act.  A CELLAR shall not be counted as a story for purposes of height measurement.  with and within the boundaries oft the commercial cemetery. licensed practitioners in medically related arts.  Unit Developments.  site.  exchange carriers (CLEC) utilizing point-to-multipoint microwave.  Board of Adjustment.    70  Sawmills- Land Usage  CONGREGATE HOUSING. A structure or group of structures containing two or more dwelling units and rooming units limited in occupancy and occupied by persons, their spouses, or surviving spouses, except for rooms or units occupied by resident staff personnel, providing on-site, conveniently located, shared food preparation services and major dining areas, and common recreational, social, and service facilities for the exclusive use of all residents. This definition shall include REST HOME.  CRITICAL: ROOT ZONE (CRZ). A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree's survival. The CRZ is one foot for every inch of tree diameter measured at four and one-half feet above grade, with a minimum of eight feet.  Each CRZ shall be clearly marked and surrounded a means of adequate protection.  TREE DESCRIPTIVE TERMS,  Dripline  12Feet  Criticall Root Zona  CURB STOP. A barrier which prohibits the through access of a parking stall.  CUSTOMARY HOME OCCUPATION. Any use conducted entirely within the dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for DAY CARE. An agency, organization, or individual providing daytime care of six or more persons not related by blood or marriage to, or not the legal wards or foster children, of the attendant adult. DEMELOPMENT-AayanéisiurngAeHvIy-wHelehangestRematealchamaeterefthe-landarea: DETERNINATION. A written, final. and binding order. requirement. or determination regarding an  residential purposes and does not change the character thereof.  administrative decision. DEVELOPER.  A person, including a governmental agency on redevelopment authority. who  undertakes any development and who is the landowner of the property to: be developed or who has been DEVELOPMIENT. Unless the context clearly indicates otherwise. the term meansa any of the following:  authorized by the landowner, to undertake development on that property.  a) b)  The construction. erection. alteration, enlargement, renovation. substantial repair. movement  toanother site. or demolition of any structure.  The excavation. grading, filling. clearing. or alteration ofl land.    Zoning  71  C) d)  The subdivision of land as defined in G.S. 160D-802.  The initiation or substantial change in the use ofl land or the intensity of use ofl land.  DEVELOPMENT APPROVAL. An administrative or quasi-judicial approval made pursuant to this Chapter that is written and that is required prior to commencing development or undertaking a specific activity, project, or development proposal. Development approvals include, but are not limited to, zoning permits, site plan approvals, special use permits, variances, and certificates of appropriateness. The term also includes all other regulatory approvals required by regulations adopted. pursuant to this Chapter, including plat approvals, permits issued, development agreements enteredi into, and building permits issued. DEVELOPMENT REGULATION. A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation control regulation, floodplain or flood damage prevention regulation, mountain ridge protection regulation, stormwater control regulation, wireless telecommunication facility regulation, historic preservation or landmark regulation, housing code, State Building Code enforcement, orany other regulation adopted pursuant to this Chapter, or al local act or charter that regulates land use or DISCERNIBLE. Capable of being distinguished with the eye or mind from its surroundings. As way of DWELLING. Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for human habitation or intended to be sO used, and includes any outhouses and appurtenances belonging thereto or usually enjoyed therewith. For the purposes of this Chapter, the term does not include any manufactured home, mobile home, or recreational vehicle, if used solely for a seasonal vacation DWELLING UNIT. A building, or portion thereof, providing complete and permanent living facilities for one family. The term DWELLING UNIT shall not be deemed to include a motel, hotel, tourist home, or DWELLING, SINGLE- FAMILY. A building designed for and containing one dwelling unit. DWELLING, TWO: FAMILY. A building designed for and containing two dwelling units.  development.  example and not limitation, a telecommunications tower on al hill.  purpose.  other structure designed for transient residence.  DWELUING,TWOFAMIY nopgon  PRIVATE. ENJRANOES  COMMON WALLS  DWELLING, MULTI-FAMILY. A building designed for and containing three or more dwelling units.    72  Sawmills - Land Usage  Dwelling, multi-fanily  D a L D  n  a - L  L  ELECTRIC TRANSMISSION TOWERS. Metal towers used to suspend wires transporting electricity between generating plants and substations supplying electricity to distribution and feeder lines. EQUIPMENT ENCLOSURE, A building, cabinet or shelter used to house transmitters, receivers and other electronic equipment and accessories at a wireless telecommunication facility. EVIDENTIARY HEARING. A hearing to gather competent. material, and substantial evidence in order to make findings for a quasi-judicial decision required by a development regulation. adopted under this EXISTING DEVELOPMENT. Those projects which are built or those projects that has established a vested right under GS $160A-385.1, as amended, as of the effective date of this Ordinance based on at least (I) Building permits have been issued pursuant to GS $160D-403 prior to the enactment of this chapter or amendments SO long as the permit(s) remain valid and unexpired pursuant to GS $160D-403(c) and (2) Av vested right has been established pursuant to GS $160D-102 and such vested right remains valid and  Chapter.  one of the following criteria:  unrevoked pursuant to GS 99160D-404(b) and 160D-403(f); or unexpired pursuant to GS $160D-102 as subsequently amended.  FAA. Federal Aviation Administration.  FALL: ZONE. An area around the base ofa telecommunication tower required tol bel kept clear oft buildings, other than equipment enclosures associated with the wireless telecommunication facility, to contain debris  in the event of at tower structure failure. FCC. Federal Communications Commission.  FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose FLEA MARKET. A building or open area in which stalls or sales areas are set aside, rented or otherwise  areas ofl land.  provided, and which are intended for use by individuals for the sale of goods.    Zoning  73  FUNCTIONALLY EQUIVALENT SERVICES. FCC-licensed providers of commercial mobile radio services (CMRS) classified as cellular, personal communication services (PCS), paging, specialized mobile GOVERNMENTAL USER. Federal, State or local governments, or agencies ori instrumentalities: thereof, volunteer fire departments or rescue squads which operate radio systems (including microwave): requiring an FCC license and which employ those facilities exclusively forintma-govermental ori inter-governmental GRADE., An average level oft thei finished surface oft the ground adjacent to the exterior walls oft thel building GROSS FLOOR AREA. The total area of all buildings in the project including basements, mezzanines and upper floors, exclusive of stairways and elevator shafts. It excludes separate service facilities outside HAZARDOUS MATERIAL. Any substance list as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 ofCWA (Oil & Hazardous Substances). IMPOUNDED WATER BODY. A body of water, such as a lake, confined by a dam, dike, floodgate or INDUSTRIAL DEVELOPMENT. Any non-residential 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 JUNK/SALVAGE YARD. An area where waste and/or used secondhand materials are bought, sold, exchanged, stored, processed, or handled. Materials shall include but are: not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. An automobile junkyard or graveyard is also considered a KENNEL/COMMERCIAL. Any location where boarding, caring for orl keeping of more than a total of three dogs or cats or other small animals or a combination there of (except litters of animals of not more than six months of age) is carried on, and also raising, breeding, caring for or boarding dogs, cats, or other KENNEL, NONCOMMERCIAL. Any location where the boarding, caring for and keeping ofi more than three but not more than ten dogs or cats or other small animals or combination thereof (except litters of animals ofi not more than six months of age) is carried on, not for commercial purposes, but as a hobby such LEGISLATIVE DECISION. The adoption, amendment, or repeal of a regulation under this Chapter or an applicable local act. The term also includes the decision to approve, amend, or rescind a development LEGISLATIVE HEARING. A hearing to solicit public comment on a proposed legislative decision. LIFE CARE FACILITY. A health facility where persons are housed and furnished with meals and continuing health care for compensation. This term shall not include congregate housing, but shall include  radio (SMR) and enhanced specialized mobile radio (ESMR).  public service, public safety or administrative purposes.  or structure.  the main building such as boiler rooms and maintenance shops.  other barrier. It is used to collect and store water for aj public water supply.  manufacturing, assembling, finishing, cleaning or developing any product.  JUNK/SALVAGE YARD.  small animals for commercial purposes.  as the raising of show and hunting dogs.  agreement consistent with the provisions of Article 10 of this Chapter.  the term NURSING HOME.    74  Sawmills - Land Usage  LOT. A parcel of] land occupied or capable of being occupied by al building, group of buildings, or specific use devoted to a common use, together with the customary accessories and open spaces belonging to the LOT, CORNER. A lot which occupies the interior angle at the intersection of two street lines which make an angle of more than 45 degrees and less than 135 degrees with each other. The street line forming the least frontage shall be deemed the front oft the lot except where the two street lines are equal, in which case the owner shall be required to specify which is the front when requesting a zoning compliance permit.  same.  STREET CORNERLOT  LOT COVERAGE. The percentage of a lot which may be covered by impervious surfaces. For the purposes oft this definition compacted gravel and stone shall be included as impervious surface.  LOT DEPTH. The mean horizontal distance between the front and rearl lot lines.  LOTDEPTH Stret/RightfWy  I  Lot Deptk  Rear Froperty! Line    Zoning  75  LOTOFI RECORD.. Al lot which meets all applicable development requirements oft the town and has been. properly recorded with the County Register of] Deeds.I Lots recorded priort to the adoption date oft this chapter  shall be given grandfather status.  LOT WIDTH. The mean horizontal distance between the side property lines.  LOT WIDTH Street/Rightaf-Way  Lot Width  Rearl Property. Line  MANUFACTURED HOME. A structure transportable in one or more sections, which in the traveling mode is eight feet or more in width or 40 feet or more in length or when erected on site is 320 or more square: feet; and which is built on aj permanent chassis and designed tol be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including plumbing, heating, air conditioning and electrical systems contained therein. Such units shall also comply with the National Mobile Home Construction and Safety Standards adopted by the U.S. Department of Housing and Urban Development and meet the Appearance Criteria established by this Ordinance. This term shall also include the term MOBILE HOME. (See GS $160D-910, as subsequently amended.) In accordance with state requirements (North Carolina State Manufactured Housing Code, 1995 Edition/1996 Revision), a MANUFACTURED ORI MOBILEHOMEPARK. Any place or tract of] land maintained, offered or used for the parking of two or more manufactured homes for rental or lease and used or intended to be used for MATURE VEGETATIVE CANOPY.The more or less continuous cover of branches and foliage which have reached their mature height formed collectively by the crowns of adjacent trees that have reached their MODIFICATION. The addition, removal, repositioning (other than down tilt adjustments), alteration or other material change in the number or type of antennas employed in a wireless telecommunications facility; changes in thel height, size, shape or appearance of telecommunications towers; and increase int the number or size of equipment enclosures or other improvements at an existing or approved wireless MODULAR HOME. A dwelling unit constructed in accordance with the standards set forth in the North Carolina State Residential Building Code, as amended, and composed of components substantially assembled in a manufacturing plant and transported to the building site for final assembly on aj permanent  MANUFACTURED HOME shall not be permitted as an accessory structure.  living or sleeping quarters.  mature height.  telecommunication facility.    76  Sawmills - Land Usage  foundation. A MODULAR HOME shall consist oft two or more sections transported to the site on a truck MODULE. The distance, measured parallel from curb to curb, of the interior of aj parking facility. This MOTEL/HOTEL. A building in which lodging or board and lodging are provided for transient guests and NONCONFORMING. Al lot, structure, sign, or use ofl land or structure which is currently prohibited under NONCONFORMING LOT. A lot of record that does not conform to the dimensional requirements of the district in which it is located. The nonconformity may result from adoption of this chapter or any NONCONFORMING STRUCTURE. A structure that does not conform to the dimensional, height, elevation, location, appearance standards, or other requirements of this chapter. The nonconformity may NONCONFORMING USE. A use which does not conform to the use regulations of this chapter for the NURSING HOME. A home for aged or ill persons in which three or more persons not of the same immediate family are provided with food, shelter and care for compensation; but not including hospitals, OPEN SPACE. Property within a development or contained on an individual parcel, which is designated by aj permanent reservation to remain undeveloped, for the purpose of providing areas for recreation and/or  and erected or joined together on the site.  measurement shall include the parking aisle and the parking stalls.  offered to the motoring public for compensation.  the terms oft this Ordinance.  subsequent amendment.  result from adoption of this chapter or any subsequent amendment. district in which it is located, at the effective date of this chapter.  clinics, or similar institutions devoted primarily to diagnosis and treatment.  conservation.  OPEN STORAGE. Unroofed storage area, whether fenced or not.  PARKING. AISLE. The area, parallel to curb stops, which automobile traverse in order to utilize parking PARKING LOT. Any designated area designed for temporary accommodation of motor vehicles of the  stalls.  motoring public in normal operating condition, whether for a fee or as as service.    Zoning  77  AODET bat UAXKRETCKVINB  PARKING SPACE/STALL. A storage space for ai motor vehicle or motorcycle. association or other legal entity and their successors and assigns.  PERSON. Any individual, partnership, limited partnership, company, corporation, trust, estate, agency, PHASED DEVELOPMENT PLAN. A plan which has been submitted to the county for phased development which shows the type and intensity of use for a specific parcel or parcels with a lesser degree ofc certainty than the plan determined by the Town tol be as site specific development plan. PLANNED UNIT DEVELOPMENT (PUD). A form of development characterized by a unified site design for a number of structures, clustering of buildings and providing common open space, density increases, and a mix of building types. It permits the planning of a project and a calculation of densities over the entire development rather than on an individual lot-by-lot basis. Such development shall be based on aj plan which allows for flexibility of design not available under normal district requirements. PRINCIPAL BUILDING. A building in which is conducted the principal use of the lot on which said PRINCIPAL STRUCTURE. A structure in which is conducted the principal use of the lot on which said  building is situated. building is situated.  PRINCIPAL USE. The primary use ofal lot or structure.  PRIVATE BUSINESS USER. Persons who operate radio facilities (including microwave) requiring an FCCI license solely forintra-company communications and who do not employ those facilities to offer fixed PROTECTED MOUNTAIN RIDGE. A ridge at or above 3,000 feet with an elevation of 500 feet or PUBLIC SERVICE FACILITY. The use of land, buildings, or structures by a municipal or county agency to provide protective, administrative, maintenance and social services for the general public, including water treatment plants, sewage treatment plants, resources recovery facilities, parks and  or mobile wireless communication services to third parties for compensation.  more above the elevation of an adjacent valley floor.    78  Sawmills - Land Usage  recreation facilities, police and fire stations, municipal buildings, community centers and other similar RECREATIONAL VEHICLE PARK. Any lot of land upon which one or more recreational vehicles sites are located, established, or maintained for occupancy by recreational vehicles for the general public as temporary living quarters for recreation or vacation purposes. Ini no instance shall a recreational vehicle REPLACEMENTTOWER. A telecommunications tower intended toi replace an existing approved tower  public structures and facilities.  be used as aj permanent. residence. where the replacement tower is:  (1) At or within 501 feet of the existing tower base, and (2) No higher than the existing tower.  RIDING STABLE. Commercial horse, donkey, and mule facilities including: horse ranches, boarding stables, and riding schools. This land use includes barns, stables, corrals, and paddocks accessory and RIDGE. The elongated crest or series of crests at the apex or uppermost point of intersection between two opposite slopes or sides of a mountain, and includes all land within 100 feet below the elevation of any SETBACK. The minimum distance that a structure can be constructed or erected in relation to property andorright-of-way lines, excluding any uncovered porches, patios, steps, gutters and similar fixtures. Front yard SETBACKS shall be measured from the outermost edge of the dedicated right-of-way. In the event the loti in question does not directly abut upon a dedicated right-of-way, the front yard SETBACK shall be measured from the property line or outermost edge of any access easement. In the case of a comer lot the applicant of the Zoning Compliance Permit shall state which frontage is intended to serve: as the front yard.  incidental to the above uses.  portion of such line or surface along the crest.  RENR LOTL LE REAR SBACK LE  A  FINT STAK LME AMONTITIRE LT1 WpTH STREET  SEWER, PUBLIC/TRADITIONAL MUNICIPAL. System approved by the County Department of Environmental Health and Town Engineer that provides for multiple unit treatment. Such systems as municipal sewer, community drain fields, spray irrigation, drip irrigation, pressurized underground systems and similar systems recognized by the County Department of Environmental Health. The following are exclusively prohibited: package treatment plant or individual lot septic drain field systems.    Zoning  79  SEWER SYSTEM, INDIVIDUAL. An individual septic tank system of sewage disposal. Individual sewage disposal systems must be installed and maintained in accordance with the Division of Health Services, North Carolina Department of Human Services Rules and Regulations Governing the Disposal of Sewage. from any Residence, Place of Business or Place of Public Assembly in North Carolina and the SIGNS. Any form of publicity, visible from any public highway directing attention to ani individual activity, business, service, commodity or product. The publicity can be conveyed by means of words, figures, numerals, lettering, emblems, devices, designs, trademarks, or trade names or other pictorial matter designed to convey such information. The information can be displayed by means of bills, panels, posters, paints, or other devices erected on an open framework, or attached or otherwise applied to posts, stakes, SIGN AREA. Sign area shall be measured by the smallest square, rectangle, triangle, circle or combination thereof, which will encompass the entire advertising copy area, excluding architectural trim and structural members. In computing area, only one side of a double-faced sign shall be considered.  regulations of the County Board of Health.  poles, buildings, or other structures or supports.  BICE AREK KEABVRAENE  SIGN  SIGN  Siga Ground AraB sixe: CAKIBY  $igo Wail.SIAR, Ares (A)) SIG NA ErGNo BI0NF  Pole size: eyow)  Sigy Ace LAIK(B) finca.ste. SIGN  QxU SlEn Azea. (C)x(01. (E)s(F) Siga Atca m  Stors Frést ladividua! Isctars acracied co vall s7aNI  Slgn Area (Ajxrey  S1 Ara* tA)KC)  SIGN, FREESTANDING. Asign that is attached to, erected on, or supported by some structure (such as aj pole, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than the support ofa a sign. A sign that stands without supporting elements, such as "sandwich sign," is also a FREESTANDING SIGN. If the message is removed from a structure that was originally designed and used as a FREESTANDING SIGN, this  structure shall still be considered a sign.    80  Sawmills - Land Usage  $1aN  SIGN  SIGN, INTERNALLY ILLUMINATED. Signs where the source of the illumination is inside the sign and light emanates through the message of the sign, rather than being reflected off the surface of the sign from an external source. Without limiting the generality of the foregoing, signs that consist of or contain tubes that are filled with neon or some other gas that glows when an electric current passes through it and are intended to form or constitute all or part of the message of the sign, rather than merely providing illumination to other parts of the sign that contain the message, shall also be considered INTERNALLY SIGN, OFF-SITE. A sign that draws attention to or communicates information about al business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at a location other than the site where the sign is located. SIGN, ON-SITE. A sign that draws attention to or communicates Information about a business, service, commodity, accommodation, attraction, or other enterprise or activity that exists or is conducted, sold, offered, maintained or provided at al location other than the site where such sign is located. SIGN, PORTABLE. Any sign not permanently affixed to the ground or to a structure, including any sign attached to or displayed on a vehicle that is used for the expressed purpose of advertising a business establishment, product, service, or entertainment, when that vehicle is sO parked as to attract attention of SIGN, ROOF. A sign which is higher than the roof to which it is attached. Signs attached to the lower slope of a roof or attached to a parapet wall above ai flat roof are considered wall signs. Signs on mansard SIGN, TEMPORARY. A sign that is used in connection with a circumstance, situation, or event that is designed, intended, or expected to take place or tol be completed within ar reasonably short or definite period after the erection of such sign, ori is intended to remain on the location where it is erected or placed fora period of not more than 15 days. Ifas sign display area is permanent but the message displayed is subject to  ILLUMINATED SIGNS.  the motoring or pedestrian traffic.  or canopy roofs are considered wall signs.  periodic changes, that sign shall not be regarded as temporary.  SIGN, WALL. See Sign, Roof.  SINGLE: FAMILY RESIDENTIAL DEVELOPMENT. Any development where:  (1) No building contains more than one dwelling unit; (2) Every dwelling unit is on an individual lot; and (3) Where no lot contains more than one dwelling unit.    Zoning  81  SITE SPECIFIC DEVELOPMENT PLAN. A plan which has been submitted to the Town describing with reasonable certainty the type and intensity of use for a specific parcel or parcels of property. (I) The plan may be in the form of but not limited to any oft thei following plans or approvals:  (a) A planned unit development plan; (b) A subdivision plat; (c) A conditionalspecial use permit; or (d) A zoning compliance permit.  (2) Unless otherwise expressly provided by the Town such plan shall include the approximate boundaries oft the site; significant topographical features; the approximate location of any proposed structures; the approximate dimensions, including height, of any proposed structures; the approximate location of existing and proposed infrastructure on the site, including but not limited to water, sewer, roads and (3) A variance shall not constituteasITESPESPECIFICDEVELOPMENTPLAN, and approval ofaSITE SPECIFIC DEVELOPMENT PLAN with the condition that a variance be obtained shall not confer av vested right unless and until the necessary variance is obtained. Neither a sketch plan nor any other document which fails to describe with: reasonable certainty thet type and intensity of use: for a specified parcel or parcels or property shall constitute a SITE SPECIFIC. DEVELOPMENT PLAN. SPECIAL USE PERMIT. A permit issued by the Town Council after said Council has held a public hearing. SPECIAL USE PERMITS may be issued within any of the use districts outlined in this Ordinance. Such a Special Use shall only be allowed within districts to which the SPECIAL USE PERMIT is to correspond. By way of example and not limitation, within an RA-20 District an NB-SU permit may be issued for a site-specific development proposal for any use permitted by right with an ordinary NB District. The development proposal authorized by a SPECIAL USE PERMIT shall comply with all provisions of the corresponding district. Additional conditions may not be added onto any STORY. That portion ofab building comprised between a floor and the floor next above. The first floor of at two or multi-story building shall be deemed the STORY that has no floor immediately below it that is designed for living quarters or for human occupancy. Those STORIES above the first floor shall be  pedestrian walkways.  SPECIAL USEI PERMIT.  numbered consecutively.  3RD STORY 2N0 STORY IST STORY  0O n. 0O a D: L  E  STREET. A dedicated right-of-way for vehicular traffic which affords the principal means of access abutting properties. (Also see Town Subdivision Regulations set forth in Chapter 152 which are  incorporated here by reference.)    82  Sawmills-1 Land Usage  STRUCTURE. Anything constructed or erected, the use of which requires more or less permanent location on ori in the ground or which is attached to something having more or less permanent location on or in the STRUCTURAL ALTERATIONS. Any change on the supporting members of a building, such as load bearing walls or partitions, columns, beams, or girders, or any structural change int the roof, or dimensions SUBDIVISION. See Town Subdivision Regulations set forth in Chapter 152 which are incorporated here SURFACING MATERIAL. A material whose natural characteristics provide al hard, nonflexible, rigid, and relatively flat groundcover. Examples include but are not limited to concrete and asphalt. Gravel shall TELECOMMUNICATIONS TOWER. Any tower, pole or similar structure 20: feet or more in height, TOWER BASE. The foundation, usually concrete, on which the telecommunications tower is situated. For measurement calculations, the TOWER BASE: is the actual or geometric center of the tower. TOWER HEIGHT. The vertical distance measured from the tower base to the highest point on a telecommunications tower, including any antennas or other equipment affixed thereto, but excluding any TOWER SITE. Thel land area which contains, or will contain, aj proposed telecommunications tower, and TREE, LARGE. A tree which has an expected height at maturity of at least 35 feet. These types of trees shall at the time ofj planting have a diameter of at least two inches. The diameter shall be measured four and TREE, PROTECTED. Any tree located on a development site having a circumference of 30 inches or TREE, SMALL. A tree which has an expected height at maturity of at least 15 feet. These types of trees shall at the time of planting have a diameter of at least one inch. The diameter shall be measured four and VARIANCE. A modification of the literal provisions of the zoning ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the VESTED RIGHT. The right to undertake and complete the development and use of property under the terms and conditions of an approved site specific development plan or an approved phased development VETERINARY CLINIC. A facility whose practitioners are licensed by the state to treat diseased or  ground.  or the rooms therein. by reference.  not be considered a SURFACING MATERIAL. used to support one or more antennas.  lightning protection rods extending above the tower and attached equipment.  related equipment enclosures and other equipment.  one-half feet above grade.  more measured four and one-half feet above natural grade.  one-half feet above grade.  individual property on which the variance is granted.  plan.  injured animals.    Zoning  83  VISIBLE. Capable of being seen by the unaided eye in daylight.  WATER SYSTEM, FUBLIC/TRADTIONAL MUNICIPAL. Water supply systems serving multiple connections are classified as aj public water supply by State law. Plans and specifications must be approved by the Town Engineer and the Sanitary Engineering Section, Division of Health Services, North Carolina WATER SYSTEM, SEMI-PUBLIC. Water supply systems serving from two to nine connections, inclusive. This system may be regulated by the County Board of Health, and plans should be approved by WATER SYSTEM, INDIVIDUAL. A drilled or bored well or spring which serves a single connection. Individual water supply systems should be located, constructed and operated in accordance with the WATERSHED, CRITICAL. Refer to the Town Watershed Protection Ordinance, set forth in Chapter WATERSHED, PROTECTED. Refer to the Town Watershed Protection Ordinance, set forth in Chapter WIRELESS TELECOMMUNICATION FACILITY. Equipment at a single location used by aj private business user, governmental user or commercial wireless service provider to transmit, receive or relay electromagnetic signals (including microwave). Such facility includes antennas or antenna arrays, telecommunications towers, support structures, transmitters receivers, base stations, combiners, amplifiers, repeaters, filter or other equipment; together with all associated cabling, wiring, equipment enclosures and YARD. The open space on the same lot with aj principal building, or structure unoccupied and unobstructed YARD, FRONT. The open, unoccupied space on the same lot with a principal building or structure, between the front line of the principal building or structure (exclusive of uncovered porches, patios, steps, gutters and similar fixtures) and the front property line or street right-of-way line and extending across the YARD, REAR. The open, unoccupied space on the same lot witha ap principal building or structure, between the rear line of the principal building or structure (exclusive of uncovered porches, patios, steps, gutters and YARD, SIDE. The open, unoccupied space on the same lot with a principal building, situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front  Department of Human Resources.  the Town Engineer and the County Health Department.  Division of] Health Services, North Carolina Department of Human Resources.  155. 155.  otheri improvements. from the ground upward.  full width of the lot.  similar fixtures) and the rear property line and which extends the full width of the lot.  yard to the front line of the rear yard.    84  Sawmills-Land Usage  AEAR YARD  BUILDING LINE. BUILDING UNE FRONT VARD  DE RO  VARE cps  ZONING ADMINISTRATOR. Town official charged with the responsibility of enforcing this chapter. ZONING PERMIT. Permit issued by the Zoning Administrator indicating that a proposed use is in  compliance with requirements oft this chapter.  (Ord. Art. VI, $60B, passed 2-19-2008; Ord. passed 8-16-2011)    Zoning  85  APPLICABILITY  $153.015  JURISDICTION, TERRITORIAL APPLICATION  Thej provisions oft this chapter shall be applicable to allj property within the corporate limits of the town and  to the extraterritorial jurisdiction as adopted by later resolution of the Town Council.  (Ord.. Art. VI, $40A, passed 2-19-2008)  $153.016  BONA FIDE FARMS EXEMPT  The provisions of this chapter shall not apply tol bona fide farms. This chapter does not exercise any control over crop lands, timber lands, pasture lands, orchards, idle or other farm lands, nor over any farm house, barn, poultry house, or other farm buildings including tenant or other houses for persons working on said farms, as long as such houses be in the same ownership as the farm and located on the farm. Such agricultural uses maintain the openness of the land and achieve the purposes of this chapter without the need for regulation. Residences for nonfarm use or occupancy and other nonfarm uses shall be subject to  thej provisions of this chapter. (Ord. Art. V, passed 2-19-2008)  $153.017  OFFICIAL ZONING MAP  The districts established within the Zoning Code of the Town of Sawmills, North Carolina and shown on the Official Zoning Map which, together with all explanatory matter thereon, are hereby adopted a part of this chapter. See the Appendix to this chapter. The Zoning Map shall be maintained for public inspection int the office of the local government clerk. The maps may bei in paper or a digital format approved by the  local government (G.S. 160D-105). (Ord. Art. V, passed 2-19-2008)  ESTABLISHMENT OF DISTRICTS  $153.030 as listed below.  USEI DISTRICT NAMES.  For the purposes of this chapter, the Town is hereby divided into seven use districts with the designations    128  Sawmills - Land Usage  Retail operations Wholesale'industrial operation (Ord. $110D, passed 2-19-2008)  One loading space for each 5,000 square feet of gross floor area or fraction thereof One loading space for each 10,000 square feet of gross floor area or fraction thereof  ADMINISIRATION AND! ENFORCEMENT  $153.190  ZONING ENFORCEMENTOFFICER.  (A) Its shall be the duty of the Zoning Enforcement Officer to enforce and administer the provisions of this chapter. The assistance of other persons may be provided as the Town Council may direct. (B) Ift the Zoning Enforcement Officer finds that any oft the provisions of this chapter are being violated, he shall notify in writing the person responsible for such violations, indicating the nature of the violation and ordering the action necessary to correct it. He or she shall order discontinuance oft the illegal use of land, buildings or structures; removal of illegal use of land, buildings or structures; removal of illegal buildings or structures or additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any other action authorized by this chapter toi insure compliance with or to prevent violation ofits] provisions. No: zoning permit shall be issued except in conformity with the provisions of this chapter, except after written order from the (C) Ifaruling oft the Zoning Enforcement Officerisg questioned, the: aggrieved party or parties may appeal  Board of Adjustments.  such ruling tot the Board of Adjustment. (Ord. $120A, passed 2-19-2008)  (D) The Zoning Enforcement Officer or other staff member shall not make a final decision on an administrative decision required by this chapter if the outcome of that decision would havea direct, substantial, and readily identifiable financial impact on the staff member or if the applicant or other person subject to that decision isaj person with whom thes stuffmemberhasar close familial. business. (E) The Zoning Enforcement Officer may inspect work undertaken pursuant tO a development approval to assure that the work is being done in accordance with applicable State and local laws and oft the terms of the approval. In exercising this power, staff are authorized to enter any premises within the jurisdiction ofthe city local government: at alli reasonable hours for the purposes of inspection or other enforcement action. upon presentation of proper credentials. provided the appropriate consent has been given for inspection ofareas not open to the public or that an appropriate inspection warrant has  orother associational relationship (G.S.1 160D-109).  been secured (G.S. 160D-403(e)).  $153.191  ZONING PERMIT REQUIRED.    ZONING  129  No building, sign or other structure shall be erected, moved, extended or enlarged, or structurally altered, nor shall any excavation or filling of any lot of record for the construction of any building be commenced until the Zoning Enforcement Officer has issued a zoning permit for such work. Every person obtaining a zoning permit hereunder shall pay a fee as provided in a schedule of zoning permit fees to be adopted by  the governing body. (Ord. $120B, passed 2-19-2008)  Written notice of such determination refusal and reason therefore shall be given to the applicant and property owner (G.S. 160D-403(b), the Zoning Enforcement Officer may provide their determination in print or electronic: form; if electronic form is used then it must bej protected from further editing (G.S. 160D-  403(a). $153.192  APPLICATION FOR ZONING PERMIT.  (A) Each application to the Zoning Enforcement Officer for a zoning permit shall be accompanied by  plot plans in duplicate showing:  (1) The actual dimensions of the lot to be built upon; (2) The size of the building to be erected; (3) The location oft the building on the lot; (4) The location of existing structures on the lot, if any;  (5) The number of dwelling units the building is designed to accommodate; (6) The approximate setback lines of buildings on adjoining lots;  (7) The intended use oft the property;  (8) The county tax mapi identification number of the property and a copy of the metes and bounds (9) Such other information as may be essential for determining whether the provisions of this B-Any-zemingpermiemitissiaewpieam-eselnlteewksinerielyitshal-have begun-Withinsik-mentAseFHSdateefisue,OFFReOAHORRedbytissuspendeterabandemed eraperedefemeyeat-VEeR-eHthereFshalbegiventelmepesensaltected,ined,imeludingmetiee hat-further-werk-as-deseribed-n-permit-shal-metprreee-uRless-ame-unti-amether  description of the lot of record; and chapter are being observed.  Erhas OAPSAS  (B) Vesting. Zoning permits expire one year after issuance unless work has substantially commenced. Expiration ofa a local development approval does not affect the duration ofay vested right established as a site specific vesting plan, a multiphase development plan, a development agreement, or vested rights established under common law. A site specific plan orj planned unit development shall remain vested for: a period exceeding two years, but not exceeding five years. A multi-phase development    130  Sawmills- Land Usage  shall remains vested for aj period ofs seven years from thet time: a site planisapproved. Fort thej purposes ofthis chapter, a multi-phase development must contain 100 acres or more and is submitted forsite plan approval for construction tos occur in more than one phase and is a master plan that includesa C) Revocation of development approvals. Development approvals may be revoked by the local government issuing the development approval by notifying the permit holder in writing stating the reason for the revocation. The local government shall follow the same development review and approval process required for issuance of the development approval. including any required notice orh hearing. in the review and approval of any revocation of that approval. Development approvals shall be revoked for any substantial departure from the approved application, plans, or specifications: for refusal or failure to comply with the requirements of any applicable local developmenti regulation orany State lawi delegated to the local government for enforcement purposes in lieu of the State; or for false statements or misrepresentations made in securing the permit approval. Any development approval mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation of a development approval by a staff member may be appealed to the board of adjustment pursuant to G.S. 160D-4-5. If an appeal is filed regarding a development regulation adopted by a local government pursuant to this Chapter, the provisions of  requirement to offer land forj public use (G.S. 160D-108(d).  G.S. 160D-4-5(e) regarding stays shall be applicable (G.S. 160D-403().  $153.193  CERTIFICATEOF OCCUPANCY REQUIRED.  (A) A certificate of occupancy issued by the Zoning Enforcement Officer isi required in advance of: (1) Occupancy or use of a commercial or industrial building hereafter erected, altered or moved  for commercial or industrial purposes; (2) Change of use of any building or land;  (3) A certificate of occupancy, either for the whole or a part of a building, shall be applied for coincident with the application foraz zoning permit. The certificate of occupancy shall bei issued within ten days after the erection or structural alteration of such building, or part, has been completed in conformity with the provisions of this chapter. If a certificate of occupancy is denied, the Zoning Enforcement Officer shall state in writing the reasons for refusal and the applicant shall be notified of the refusal. A record of all certificates shall be kept on file in the office of the Zoning Enforcement Officer and copies shall be furnished on request to any person having a proprietary or tenancy interest int the building or the land involved. (4) In addition, a certificate of occupancy shall be required for each non-conforming use created (B) The owner of such non-conforming use shall obtain a certificate of occupancy within 30 days of the  by the passage and subsequent amendments to this chapter.  date of said passage or amendments. (Ord. $120D, passed 2-19-2008)    ZONING  131  $153.194  VIOLATION OF CHAPTER; PENALTIES AND REMEDIES.  (A) Complaints regarding violations. Whenever a violation of this chapter occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Town Clerk. The Zoning Enforcement Officer shall record properly such complaint, immediately investigate, and take action thereon as provided by this chapter. (B) Violation. In addition to those remedies provided in G.S. $814-4 and 160-175, as amended and otherwise as law provided, whenever, by the provisions of this chapter, the performance of any acti is prohibited, or whenever any regulation or limitation is imposed on the use of any land and water, or on the erection or removal or alteration of a structure, a failure to comply with such provision shall C) Liability. The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, builder, contractor, agent or other person who participates in, assists, directs, creates, or maintains any situation that is contrary to the requirements of this chapter shall be held responsible for the (D) Procedures upon discovery of violation. Upon the determination that any provision of this chapter is being violated, the Zoning Enforcement Officer shall send, within five working days, a written notice by registered mail to the person(s) responsible for the violation, indicating the nature oft the violation and ordering the action necessary to correct it. Additional written notices may be sent at the Zoning Enforcement Officer's discretion. The notice of violation shall be delivered to the holder of the development approval and to the landowner of the property involved, if the landowner is not the holder of the development approval, by personal delivery, electronic delivery, or first class mail and may bej provided by similar means to the occupant oft thej property or thej person undertaking the work ora activity. The notice of violation may be posted on the property. The person providing the notice of violation shall certify to the local government that the notice was provided and the certificate shall (E) Final written notice. The final written notice, which may also be the initial notice, shall state the action the Zoning Enforcement Officer intends to take, if the violation is not corrected, and shall advise that the Zoning Enforcement Officer may seek enforcement without prior written notice by (F) Town Attorney may prevent violation. If any structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any structure or land is used in violation of this chapter, the Zoning Enforcement Officer shall inform the Town Attorney. In addition to other remedies, the Town Attorney may institute any appropriate action or proceeding to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy ofs such structure or land or to prevent any illegal act,  constitute a violation of this chapter.  violation and be subject to the penalties and remedies herein.  be deemed conclusive in the absence of fraud (160D-404(a)).  invoking any of the remedies contained in this section.  conduct, business or use in or about such premises. (Ord. $120E, passed 2-19-2008) Penalty, see $153.999  BOARD OF ADJUSTMENT  $153.205  ESTABLISHMENT OF BOARD OF ADJUSTMENT.  (A) A Board of Adjustment is hereby created as provided in G.S. $160D-1-9(d). Said Board shall consist off five members tol be appointed by the Town Council for the overlapping terms oft three years. Initial    132  Sawmills-land Usage  terms of office shall be as follows: one member appointed for a term of one year; two members appointed for terms of two years; and two members appointed for terms of three years. Upon completion of the initial term of office for each member, all additional appointments to vacancieson the Board shall be for three year terms. The members of the Board of Adjustment shall be residents of the county. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment. Members shall serve without pay but may be reimbursed for any (B) The Town Council may, in its discretion, appoint not more than two alternate members to serve on thel Board of Adjustment: ini the absence, for any cause, of any regular member. Thisalternate member or members shall be appointed in the same manner as regular members and at the regular times for appointment. The alternate member, while attending any regular or special meeting oft the Board and serving in the absence of any regular member, shall have and exercise all the powers and duties of  expenses incurred while representing the Board of Adjustment.  such regular member sO absent. (Ord. $130A, passed 2-19-2008)  $153.206  DECISIONS OF THE. BOARD OF ADJUSTMENT.  (A) The concurring vote of four members of the Board shall be necessary to reverse any order, requirement, decision or determination of the Zoning Enforcement Officer pertaining to the town or tod decide in favor oft the applicant any matter upon which iti is required to pass under the Zoning Code (B) On all appeals, applications and other matters brought before the Board of Adjustment, the Board shall fix a reasonable time for the hearing oft the appeal and give due notice thereof to the parties, and shall decide the same within a reasonable time. The Board shall inform all parties involved ofi its  or to effect any variation of such code in the town.  decision in writing, stating the reasons therefore.  (Ord. $130B, passed 2-19-2008)  (C) Members of the Board of Adjustment shall not participate in or vote on any quasi-judicial matter in ar manner that would violate affected persons constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change. undisclosed ex parte communications, a close familial. business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a board member's participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself. the remaining members of the board shall by majority vote rule on the objection. For purposes of this section. a close familial relationship means a spouse, parent, child, brother. sister. grandparent, or grandchild. The term includes the step, half. and in-law: (D) Boards shall follow quasi-judicial procedures in. determining appeals of administrative decisions. special use permits. certificates of ppropriateness. variances, ors any other quasi-judicial decision  reltionships.2(G.S. 160D-109d.te.0D).  (G.S. 160D-406).  $153.207  PROCEEDINGS OF THE. BOARD OF. ADJUSTMENT.  The Board of Adjustment shall elect a chairman and vice-chairman from its members, each of whom shall serve for one year or until re-elected or until their successors are elected and qualify. This year shall run    ZONING  133  from July 1 to. June 30. The Board shall adopt rules and bylaws in accordance with the provisions of this chapter and G.S.Ch. 160D, Art. 19. Meetings of the Board shall be held at the call of the chairman and at such other times as the Board may determine. The chairman, or in his or her absence the Vice-Chairman, may administer oaths and compel the attendance of witnessed by subpoena. All meetings of the Board shall be open to thej public. The secretary shall keep a record of all proceedings of meetings but shall not have a vote unless he or she is also a regular or alternate member of the Board.  (Ord. $130C, passed 2-19-2008)  $153.208  APPEALS, HEARINGS AND NOTICE.  Ameppealfem-hedeedasiseraFheamngilkernserymyypesonesieveder estedbysuehdeisienafAm-Sweiiwilhin-S-daysbyling ith-he-Zoning-bnterememtOfigeramdwAhheseerempyeftme-bereaRleFAduset#amoteeFappea: peilyingthegeumds-waeaglaane:OlierslastamswBearéal Any person who has standing under G.S. $ 160D-1-2 or the town may appeal a decision to the Board of Adjustment. An appeal is taken by filing a notice of appeal with the Town Clerk. The notice of appeal shall state the grounds for the appeal. The owner or other party shall have 30 days from receipt of the written notice of the determination within which to file an appeal. Any other person with standing to appeal shall have 30 days from receipt from any source of actual or constructive notice of the determination within which to file an appeal. In the absence of evidence to the contrary, notice pursuant to G.S. 160D-4-3(b) given by first class mail shall be deemed received on the third business day following deposit oft the notice  papers-constitutingthe-recerdupen-whehthe-aectiomappealed-reem-was-taken:  (Od-130D,passed2-19-2008)  for mailing with the United States Postal Service (G.S. 160D-405(d).  $153.209  STAY OF PROCEEDINGS.  An appeal stays in all legal proceedings in furtherance of the action appealed from unless the Zoning Enforcement Officer certified to the Board of Adjustment 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 or her opinion, cause: imminent peril tol life and property. In such case, proceedings shall not be stayed otherwise thanl by a restraining order which may be granted by the Board of Adjustment or by a court of record, upon appropriate application,  on notice to the Zoning Enforcement Officer and on due cause shown.  (Ord. $130E, passed 2-19-2008)  $153.210  DECISION OFTHE BOARD OF ADJUSTMENT.  The Board of Adjustment may reverse or reaffirm, wholly or in part, or may modify any order, requirements, decision or determination and to that end shall have the powers oft the administrative official  from whom the appeal is taken. (Ord. $130F, passed 2-19-2008)  $153.211  DUTIES OF THE: ZONING ENFORCEMENT OFFICER, BOARD OF ADJUSTMENT, COURTS ANDTOWN COUNCIL ON MATTERS OF APPEAL.  Itist thei intention of this chapter that all questions arising in connection with the enforcement oft this chapter shall be presented to the Zoning Enforcement Officer and that such questions shall be presented to the    134  Sawmills- Land Usage  Board of Adjustment only on appeal from the Zoning Enforcement Officer, and that from the decision of the Board of Adjustment recourse shall be had to courts as prescribed by law. Iti is further the intention of this chapter that the duties of the Town Council in connection with the chapter shall noti include the hearing and passing upon disputed question that may arise in connection with the enforcement thereof. The duties oft the' Town Council in connection with this chapter shall be only the duty of considering and passing upon  any proposed amendments or repeal oft this chapter. (Ord. $1301, passed 2-19-2008)  $153.212  POWERS AND DUTIES OF THE BOARD OF ADJUSTMENT.  (A) To hear and decide appeals where it is alleged there is error in any order, requirement, decision or determination made by the Zoning Enforcement Officer in the enforcement of this chapter. (B) ConditiomaSpecla uses; conditions governing application. To grant in particular cases and subject toa appropriate conditions and safeguards, permits for conditionalspecial uses under the various use districts, the Board of Adjustment shall not grant a conditionalspecial use permit unless and until: (1) A written application for a cenditionalspecial use permit is submitted indicating the section of (2) A quasi-judicial public hearing is held. A notice of the public hearing shall be given once a week for two consecutive calendar weeksi in ai newspaper having general circulation int 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. $160D-601).. Any petition may be withdrawn at any time by written notice to the Town Clerk. All property owners within 100 feet of the property (3) The Board of Adjustment finds that in the particular case, the use for which the cendtomaspecial use permit is sought will: not adversely affect thel health or safety of persons residing or working in the neighborhood of the proposed use, and will not be detrimental to the public welfare or injurious toj property or public improvements in the neighborhood. In granting such aj permit, the Board of Adjustment may designate such conditions in connection therewith  this chapter under which the conditienalspecial use permit is sought;  in question shall be notified oft this hearing by first class mail; and  as will conform to the requirements and spirit of this chapter.  (C). Compliance with other codes. Granting a cenditienalspecial use permit does not exempt the applicant from complying with all oft the requirements of building codes or other ordinances. (D) Revocation. If at any time after a condtionalspecial use permit has been. issued, the Board of Adjustment finds that the conditions imposed and agreements made have not been or are not being fulfilled by the holder of a condtienalspecial use permit, the permit shall be terminated and the operation ofs such use discontinued. Ifae eenditiemalspecial use permit is terminated for any reason, it  may be reinstated only after aj public hearing is held.  (E) Expiration.  (1) In any case where a conditionalspecial use permit has not been exercised within the time limit set by the Board of Adjustment, or within one year if no specific time limit has been set, then  without further action the permit shall be null and void.    ZONING  135  (2) EXERCISED as set forthi int this division shall mean that binding contracts for the construction of the main building shall have been let; or in the absence of contracts, that the main building is under construction to a substantial degree; or that prerequisite conditions involving substantial investment are contracted for, in substantial development, or completed (sewerage, drainage, and the like). When construction is not aj part of the use, EXERCISED shall mean that the use is in operation in compliance with the conditions set forth in the permit.  (F) Careful record. A careful record of such application and plat, together with a record of the action Variances. Any application for a Variance shall be filed with the Town Clerk at least 20 days prior totl the date on which iti is to be introduced to the Board of Adjustment. The Town Clerk or designated staff member shall be responsible for presenting the application to the Board of Adjustment. Each variance application shall be accompanied by a fee (as adopted by the Town Council) to help defray (H) Variance application requirements. A Variance from the terms of this chapter shall not be granted by the Board of Adjustment unless and until a written application for a variance is submitted (1) Special conditions and circumstances exist which are peculiar to thel land, structure, or building involved, and which are not applicable to other lands, structures, or buildings in the same (2) Al literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms oft this chapter; (4) Granting the variance requested will not confer upon the applicant any special privileges that are denied by this chapter to other lands, structures, or buildings in the same district; (5) Nor nonconforming use ofi neighboring land, structures or buildings in the same district and no permitted use ofl lands, structures or buildings in other districts willl be considered grounds for  taken thereon, shall be kepti in the office oft the zoning enforcement officer.  the costs of advertising the public hearing required by G.S. $160A-364.19.  demonstrating that:  district;  (3) The circumstances do not result from the action of the applicant;  the issuance of a variance.  (I) Hearing. Notice of aj public hearing shall be given as set forth inc division (A)(2).. At the quasi-judicial (J) Findings, general. The Board of Adjustment shall make findings that the requirements of division (K) Findings, specific. The Board of Adjustment shall make a finding that the reasons set forth in the application justify the granting of the variance is the minimum one that will make possible the (L) Findings, environment. The Board of Adjustment shall further make a finding that the granting of the variance will be in harmony with the general purpose and intent of this chapter, and will not be  public hearing, any party may appear in person or by agent or attorney.  (G) shall have been met for a variance.  reasonable use of the land, building or structure.  injurious to the neighborhood, or otherwise detrimental to the public welfare.    136  Sawmills-Land Usage  (M) Conditions attached. In granting any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this chapter. Violation of such conditions and safeguards, when made aj part of the terms under which the variance is granted, shall be deemed a (N) Prohibition. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this chapter in the district involved, or any use expressly or by  violation of this chapter and punishable under $153.134.  implication prohibited by the terms oft this chapter in the district.  (Ord. $130F, passed 2-19-2008)  AMENDMENTS AND CHANGES  $153.225  PROCEDURE FOR AMENDMENTS.  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 of the town, the owner of any property within the town, or any interested citizen who can show just cause for an amendment. Applications submitted by individual property owners or interested citizens who are not acting in an official capacity for the town shall comply (A) Application submission. Any petition 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 (as adopted by the Town Council) tol help (B) Change to Zoning Map. Each application involving a change to the Official Zoning Map shall be (1) The applicant's name in full, applicant's address, address or description of the property to be  with the following procedural requirements:  defray the costs of advertising the public hearing required by G.S. $160D-601. signed, be in duplicate, and shall contain at least the following information:  rezoned, including the tax map number;  (2) The applicant's interest in the property and the type of rezoning requested;  (3) Ifthe proposed change would require a change in the Zoning Map, an accurate diagrams oft the  property proposed for rezoning, showing:  (a) All property lines with dimensions, including north arrow; (b) Adjoining streets with: rights-of-way and paving widths;  (c) The location of all structures, existing and proposed, and the use of the land; (d) Zoning classification of all abutting property owners; and (e) Names and address of all adjoining property owners.  (4) A statement regarding the changing conditions, if any, in the area or in the town generally that makes the proposed amendment reasonably necessary to the promotion of the public health,  safety, and general welfare.    ZONING  137  -Pamming-Bankemirww-Alpeshmeninese-dper-le Paming-Beard-eFrevew-amtrecommendatien-AEthe-diseretien-eamaing-Beard,@-pubHe hearing-may-be-cemdaeted-e-considertheprepesedamemdment-lhe-Pamsing-beare-shal-have-30 ays-rom-thetimetmeneprepesetameémenewBistconsiderebytePamaingeard-e-SHbmiS epert-Fhe-PamningBeart-alse-sabmiarepert-vithi-the-abovepened,iShal-be-deemed-te Planning Board consideration. Every proposed amendment, supplement, change, modification or repeal to this chapter shall be referred to the planning board for its recommendation and report (G.S. 160D-604(c). (e)). The owner of affected parcels ofl land, and the owners of allj parcels ofl land abutting that parcel of land, shalll be mailed a notice oft the hearing on a proposed zoning map amendment by first class mail at the last addresses listed for such owners on the county tax abstracts. For thej purpose ofthis section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. Additionally, the town shall prominently post a notice of the public hearing on the site proposed for rezoning the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within twenty-five days prior to the hearing until 10 days prior to the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required, but thet town shall post sufficient notices toj provide reasonable notice toi interested persons (G.S. 160D-602). The Planning Board shall have thirty-one (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 a report within the above period, it shall be deemed to have approved Members of the Planning Board shall not participate in or vote on any zoning amendment matteri in a manner that would violate affected persons" constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a close familial, business, or other associational relationship with an affected person, orai financial interest in the outcome of the matter. Ifan objection is raised to al board member's S participation at or prior to the hearing or vote. on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection. For purposes of this section, a close familial relationship means a spouse, parent, child, brother, sister, grandparent, or grandchild. The term (D) Town Council consideration. Before adopting or amending this chapter, the Town Council shalll hold aj public hearing on it. A notice oft thej public hearing shall be given once a week for two consecutive calendar weeks in a 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. 160D-601). Any petition for an amendment to this chapter may be withdrawn at any time by  aveapprevetmeprepepropesetamemdmet:  the proposed amendment.  includes the step, half, and in-law relationships.2(G.S. 160D-109(d), (e), (f)).  written notice to the Town Clerk. (Ord. $140A, passed 2-19-2008)  (E) Plan consistency. When adopting or rejecting any zoning text or map amendment, the Town Council shall approve al brief statement describing whether its action is consistent or inconsistent with an adopted comprehensive plan. The requirement for a plan consistency statement may also be met by a clear indication in the minutes of the Town Council, that at the time of action on the amendment, the Town Council was aware of and considered the planning board'si recommendations and any relevant portions of an adopted comprehensive plan. If the amendment is adopted and the action was deemed inconsistent with the adopted plan, the zoning amendment shall have the effect of also amending any future land use map in the approved plan and no additional request or application for a plan amendment shall be required. A plan amendment and a zoning amendment may be considered concurrently. The plan consistency statement is not subject toj judicial review. Ifazoning map amendment arlepesaer under G.S. 160D-6-2(b), the" Town    138  Sawmills- - Land Usage  Council statement describing plan consistency may address the overall rezoning and describe how the analysis and polices inj the relevant adopted plans were considered in the action taken. Members of the Town Council shall not participate in or vote on any zoning amendment matter in a1 manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a close familial, business, or other associational relationship with an affected person, orai financial interest in the outcome of the matter. If an objection is raised to a board member's participation at or prior to the hearing or vote on that matter and that member does not recuse himself or herself, the remaining members of the board shall by majority vote rule on the objection. For purposes oft this section, a close familial relationship means a spouse. parent, child, brother, sister, grandparent, or grandchild. The term includes the step. half, and in-law elationships.2(G.S. 160D-109(d), (e), (D)).  $153.226  PROTEST PETITION.  General. Aj protest petition may bej presented against any proposed amendment signed by the owners of20% or more either oft the: area of the lots included in thej proposed changes, or oft those immediately adjacent thereto either in the rear thereof or on either side thereof, extending 100 feet there from, or of those directly opposite thereto extending 100: feet from the street fronting on the opposite lots. In this case the amendment shall not become effective except by favorable vote of three-fourths of all (A) Petition requirements. Noj protest against any change in or amendment to the Zoning Code or Zoning Map shall be valid or effective unless it be in the form of a written petition actually bearing the signatures of the requisite number of property owners and stating that the signers do protest the proposed change or amendment, unless it shall have been received by the Town Clerk in sufficient time to allow the town at least two normal working days, excluding Saturdays, Sundays and legal holidays, before the date established for a public hearing on the proposed change or amendment to  members of the Town Council.  determine the sufficiency and accuracy of the petition (G.S. $160D-604).  (Ord. $140B, passed 2-19-2008)  LEGALI PROVISIONS  $153.270  INTERPRETATION. PURPOSE AND CONFLICT.  In interpreting and applying the provisions of this Zoning Code, the provisions shall be held to be the minimum requirements for thej promotion of the public safety, health, convenience, prosperity and general welfare. Itis not intended by this chapter toi interfere with or abrogate or annual any easements, covenants, or other agreements between parties, provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or upon the height of buildings, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern, provided that nothing in this chapter shall be  construed to amend or repeal any other existing ordinance oft the town.  (Ord. $150A, passed 2-19-2008)  $153.299  PENALTY.  (A) Generally. Any person violating any provision of this chapter for which no specific penalty is  prescribed shall be subject to $10.99.    ZONING  139  (B) Civil penalties. Violation of any provision oft this chapter shall subject the offender to a civil penalty int the amount of $50, tol bei recovered by the towni ina a civil action in the nature of debt ift the offender does not pay the penalty within aj period of 72 hours after being cited. Citation shall be in writing, signed by the Zoning Enforcement Officer, and shall be delivered or mailed to the offender either at his or her residence or at his or her place of business or at the place where the violation occurred. Criminal penalties for violation. Any person, firm or corporation who violated the provisions oft this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding $50 or imprisoned not 30 days. Each day that a violation continues to exist shall be considered a separate offence, provided that violation of this chapter is not corrected within 30 days after the notice of the  violation has been given. (Ord. $120E, passed 2-19-2008)    CHAPTER 152: SUBDIVISION. REGULATIONS  Contents $152.001 SHORT1 TITLE.. $152.002 PURPOSE. $152.003 AUTHORITY. $152.004 JURISDICTION. $152.005 DEFINITIONS. $152.006 WORDINIEKPETATON. $152.015 PREREQUISITE TOPLATE RECORDATION. $152.016 ACCEPTANCE OF STREETS.. $152.017 THOROUGHFARE PLANS.. $152.018 SCHOOLSITES ONI LANDU USEI PLAN. $152.019 ZONING. ANDOTHER PLANS.. $152.020 PERMITS..  Generall Provisions  Compliance  10 10 10 10 10  Procedure  $152.035 PROCEDURE FORI REVIEW OF DIVISIONS OR ALTERATIONS OFI PROPERTY LINES WHEREI NOLOCAL. APPROVAL: ISI REQUIRED, ANDI REVIEW OFI MINOR ANDN MAJOR SUBDIVISIONS. $152.036 PROCEDUREI FORI REVIEW OF DIVISIONS OR ALTERATION OF PROPERTYLINES WHEREI NOI LOCAL APPROVAL ISI REQUIRED. $152.037 PROCEDURE FORI REVIEW OF MINOR: SUBDIVISIONS. $153.038 PROCEDURE FORI PRELIMINARY REVIEW OFI MAJOR: SUBDIVISIONS. $152.039 PROCEDURE, FORI FINAL APPROVALOF) MAJOR: SUBDIVISIONS. $152.040 INFORMATION TOI BEI DEPICTED ON OR SUBMITTED WITHPRELIMINARY, AND $152.041 EFFECTOF FINAL. APPROVAL ONI DEDICATIONS. $152.042 RECORDING OFI FINALI PLAT.. $152.043 GUARANTEE OFI IMPROVEMENTS.  12 13 15 16 19 24 24 24  FINALPLATS.    2  Sawmills Land Usage  Surveying! Standards: and Installation of Improvements General Requirements and Minimum Standards ofDesign  $152.055 SURVEYINGSTANDARDS $152.056 INSTALLATION OFIMPROVEMENTS: $152.075 WATERSHED! PROTECTION. AREA.. $152.076 CONTINUATION OF EXISTING! ROADS.. $152.077 ROADE PROFILES. $152.078 CONTOURI MAPS.. $152.79 LOTS.. $152.80 FLAGLOTS.. $152.082 ROADNAMES. $152.083 DRAINAGE.. $152.083 FLOODPLAIN. $152.085 SUBDIVISION: STREETS.. $152.086 PUBLICSTREETS. $152.087 PRIVATESTREETS. $152.088 GRADES.. $152.089 CULVERTS.. $152.090 INTERSECTIONS. $152.091 CUL-DE-SACS. $152.092 ENTRANCEAEQUREMENTS $152.093 BLOCKS.. $152.094 DOUBLEFRONTAGE: LOTS. $152.095 ORIENTATION OF LOTLINES. $152.096 EASEMENTS. $152.097 RE-SUBDIVISION: PROCEDURES.  27 27 28 28 29 29 29 29 29 30 30 30 30 30 31 31 31 31 32 32 33 33 33 33 34 34 34 34  $152.081 ACCESS TO ADJACENT PROPERTIES. ANDFUTURE ACCESS.  Subdivision! Review Board; Actions and Appeals  $152.110 ESTABLISHMENT OF SUBDIVISION REVIEW BOARD.. $152.112 POWERS. ANDI DUTIES OF THE: SUBDIVISION REVIEW BOARD.  $152.111 MEMBERSHIP.    Subdivision Regulation  3 35 35 36 36 37 39 43 48 49  $152.113 PROCEDURES GENERALLY ON APPLICATIONS) FOR APPROVAL OF PRELIMINARY PLATS AND. APPROVAL OF FINALI PLATS; TIMEI LIMITS.. $152.115 EFFECTOFI FAILURE' TO ACT WITHIN TIMEI LIMITS.. $152.116 APPEAL OF THEI DECISION OF THE SUBDIVISION! REVIEW BOARD..  $152.114 TIMINGOF. ACTIONS.  Exceptions  $152.130 FAMILYSUBDIVSONS $152.131 CLUSTER: SUBDIVISION. $152.132 PLANNEDI UNITI DEVELOPMENT. $152.145 VARIANCES. $152.999 PENALTY.  Variances  GENERALPROVISIONS  $152.001  SHORT TITLE.  This chapter isl known and may be cited as the Subdivision. Regulations of the Town of Sawmills, North Carolina, andi may bei referred toa ast the Subdivision Regulations or this chapter.  (Ord. Art 1,P passed 1-26-2007) $152.002  PURPOSE.  Thej purpose oft this chapter is to establish procedures and standards for the development and subdivision of land within the territorial and extraterritorial (ETJ) jurisdiction oft the town. Itis further designed to provide fort the orderly growth and development oft the town; for the coordination ofs streets andl highways within proposeds subdivisions withe existingo orp planneds streets and highways and with other public facilities; for the dedication and reservation ofr recreation areas serving residents of the immediate neighborhood within the subdivision and of rights-of-way or easements for street and utility purposes; and for the distribution of population and traffici in a manner that will avoid congestion and overcrowding and will create conditions essential to public health, safety and the general welfare. This chapter is designed to further facilitate adequate provision of water, sewerage, parks, schools and playgrounds, and also to  facilitate the furthers subdivision ofl larger tracts intos smaller parcels ofl land.  (Ord. Artl II, passed I-26-2007) $152.003  AUTHORITY.  This chapter is hereby adopted under the authority and provisions of N.C.G.S 160D-801 et seq The Commented [AK1): Updatedo Citations  regulations contained herein, as provided in N.C.G.S 160D-801 et_seq shall govern each and every  subdivision within thet town'sjurisdiction. (Ord.Art) III, passed 1-26-2007)    4 $152.004  Sawmills Land Usage  JURISDICTION.  -des.Sw4-.Arsum Thep provisions ofthis chapter, as providedin N.CG.5160D-200; 202;9 903, shall apply to every subdivision ord development: withint thec corporate limitso oft thel Town ofs Sawmills andy within thet territory beyonds such corporate limits referredt tos ast the Town's extraterritorial) jurisdiction. ass shown ont the Officialz Zoning Map  isesee-AalerlwPRSerinsipupass.  ofthel Town of Sawmills. (Ord. ArtIV, passed 1-26-2007) $152.005  Commented [AK2): Thiss sayst thes samet thing butisalittle morec detailed.. Alsoa added Citation forj jurisdiction.  DEFINITIONS.  For thej purpose oft this subchapter, the following definitions shall apply unlesst the context clearly indicates BUFFER: STRIP. A buffers stripa as required by certain sections oft this chapter shall consist ofa planting strip ofa atl least ten feeti iny width, composed of deciduous or evergreen trees 201 feet apart and not less than oner row ofc dense shrubs, spacedr noti moret than five feet apart, andt thes strip shall bep planted and maintained BUILDING SETBACK LINE. A line establishing minimum allowable distance between the nearest portion of any building (excluding the outermost three feet of any uncovered porch, steps, eaves, gutters ands similar fixtures), and ther nearest right-of-way orp property line when measured perpendicularly thereto. Int the absence ofa dedicated right-of-way its shalll be assumed that there isa 45-footright-ofway, inv which CONTROL CORNER. Concrete monuments atl least four inches in diameter and not less than three feet in length. Each set monument shall be placed at least 30 inches beneath ground surface with atl least six DEDICATION. A gift, by the owner, or rightt to usel land for a specific purpose or purposes. Becausea transfer of property rights ise entailed, dedication must be made in written instrument: and completed with EASEMENT. A grant by thep property owner fora aspecified purpose and used by the public, a corporation EXISTINGI LOTOFI RECORD. A lot whichi is part ofa subdivision, aj plat of whichl has been recorded with the County Register of Deeds prior tot the original adoption oft this chapter, or al lot described by metes and bounds, the description ofs which) has been SOI recorded prior tot the original adoption oft this chapter. FLOODPLAIN. Thel land subject toal 1% org greater chance ofbeing floodedi ina any given year as defined  orr requires ac different meaning.  BLOCK. Ap piece ofl land bounded on one or more sides bys streets or roads.  inah healthy growing condition by the property owner.  the existing street is centered. inches exposed above ground.  acceptance and filing with the County Register ofI Deeds.  orp persons.  by FEMA.    Subdivision Regulation  5  FLOODWAY. The channel ofa river or other watercourse and the adjacent land areas that must be reserved in order tod discharge the base flood without cumulatively increasing the water surface elevation HALF STREET. As street whose centerline coincides with as subdivision plat boundary, with one-halfof thes street right-of-way being contained within thes subdivision plat. Also, any existing street toy which the LOT OF RECORD -A lot which is part of a Subdivision, the plat for which meets all applicable development requirements oft thet town and! has been properly recorded with the County Register ofI Deeds. (1) CORNERI LOT. Al lotv which occupies thei interior angle att thei intersection oft twos street lines which make: an angle ofr more than 45 degrees and less than 135 degrees with each other. Thei front oft the loti iste tob bet thef frontage fronting ont ther major road with the other lotr road frontage fronts setback being (2) CUL-DE-SACLOT. Al lot whichf fronts onto a cul-de-sac by a minimum of35 feet. Additionally, thel lots shall bea atl least 75 feeti in width ata depth of 75 feet fromi thef front right-of-way (they width of (3) DOUBLE FRONTAGE LOT/THROUGH LOT. A lot that lies between two parallel or semi parallel streets andi is accessible from both streets upony whichi itf fronts. Unless approved! by the Town Council double frontage lots may have access fromj just one street frontage. Ini instances where DOUBLE FRONTAGEI LOTS are created as part ofal larger subdivision plan, driveway access is (4) FLAGIPANHANDLE LOT. AI lot design that utilizes a configuration that consists ofa flagpole and a flag. The flagpole portion oft the lot is an area that provides access to: and from an adjacent street. The flag portion oft the loti ist the: area thati is designated fort the construction ofa all structures. The flagpole portion of the lot must abut upon a dedicated right-of-way by no less than 45 feet. Buildings setback lines shall ber measured fromp property lines whiche encompass the flagi portion ofthe lot. Lots abutting cul-de-sacs shall not bei includedi int thec definition. (5) INTERIOR: LOT. Al lot other than ac corner loty with onef frontage on as street. (6) REVERSE: FRONTAGE LOT. Al lot on whicht the frontage is at right angles (interior angles less than 135 degrees) tot the general patterni int the area. AI REVERSE FRONTAGELOT may alsol be  by moret than one foot.  parcel ofl land tob bes subdivided: abuts ond only ones side. LOT. Aj parcel ofl land having fixed designated boundaries.  LOTTYPES.  reduced to2 201 feet.  the lots shalll be measured perpendicular: from ther right-of-way).  tot bei identified as part oft the final plat approval.  acorner lot, an interior or through lot.    6  Sawmills- Land Usage  SINGLE-TIER LOT. A lot which backs upon a limited access highway, a railroad, a physical barrier, or another type ofl land use and toy whicha access from ther reari is prohibited. OFFICIAL MAPS ORI PLANS. Any maps or plans officially adopted by the Town Council as a guide OPEN SPACE. Property within a development or contained within an individual parcel, which is designated by a permanent reservation to remain undeveloped, for the purpose of providing areas for recreation and/or conservation for the general pleasure and enjoyment oft the property owners of the PLANNED UNIT DEVELOPMENT. A parcel of land under the unified control at platting whichi is planned: and developed: as whole ori ins stages, nots subdivided intot thec customary streets andl lots and which PLAT. A map orp plan ofa a parcel ofl land whichi ist tob be or has been subdivided, has been subdivided or PRIVATE DRIVEWAY. An access-way which provides ingresslegress to a lot not intended for the PRIVATESTREET. An undedicated privater right-at-way which affordsa access to abutting properties and requires as subdivision: street disclosure statement in accordance with GS $136-102.6. PUBLIC SEWAGE! DISPOSALSYSTEM., As systems servingt two orr more dwelling units and approved by the County Health Department and the North Carolina Department of Environment and Natural RECREATION. AREA ORI PARK. An area ofl land or combination ofl land and water resources that is developed. for active and/or passive recreation pursuits with various human-made features that RESERVATION. A RESERVATION ofl land does noti involve any transfer ofpropertyr rights. Its simply constitutes and obligation tok keepr property free from development fora a statedp period oft time. STREET. Ad dedicated, recorded: anda acceptedr right-of-way forvehiculart traffic whicha affords thep principal means of access toa abutting properties. The following classifications shall apply:  fort the development oft thet town.  development ort the general public atl large.  will not bes sos subdivided, consisting ofatl least two principal buildings.  meets the exemption requirements. purposes ofp public ingress ore egress.  Resources.  accommodates sucha activities.  SPONSOR. A group or entity whicho collaborates together.  (1) Rurals streets.  (a) PRINCIPAL, ARTERIAL. A rural link in a network of continuous routes serving corridor movements having trip length and travel density characteristics indicative ofs substantial    Subdivision Regulation  statewide ori interstate travel and existing solely tos serve traffic. This network would consist of interstate routes and other routes designed as PAINCIFALARTERIALS (b) MINOR. ARTERIAL. A rural link ina a network. joining cities and larger towns and providing intrastate and inter-county service at relatively high overall travel speeds with minimum interference tot through movement." This network would primarily servet traffic. (c) MAJOR COLLECTOR. Ar road which provides servicet to small local communities and links locally important traffic generators with their rural! hinterland. (d) MINOR COLLECTOR. A road which provides service tos small local communities and links locally important trafficg generators with their rurall hinterland. (e) LOCALI ROAD. Al local road serves primarily top provide access to adjacent land and for travel (a) LOCAL. ACCESS STREET. A link not part ofa higher-order urban system which serves primarily top provide direct access toa abutting land and access tol highers systems. (b) MAJOR THOROUGHFARES. Major thoroughfares consist ofi interstate, other freeway an expressway links, and major streets that provide for the expeditious movement of volumes of (c) MINOR THOROUGHFARES. Minort thoroughfares arei important streets int the urbans system andp perform the function ofcollectingt traffic from local accesss streets and carryingi ittot the major thoroughfare system by facilitating through traffic movement. These roads may also serve. (a) ALLEY. A public orp private thoroughfare which affords only a secondary means ofa access to (b) CUL-DE-SAC. A short street having but one end open to traffic and the other end being (c) FREEWAYS, EXPRESSWAYor! PARKWAY. Divided multilane roadways designedt toc carry largey volumes oftraffic: at relatively highs speeds. A FREEWAY isac divided highway providing for continuous flow of vehicles with no direct to abutting property or streets and with access tos selected crossroads provided via connecting ramps.. An EXPRESSWAY isad divided highway with full orp partial control ofa accessz and with grades separations at majori intersection.z A PARKWAY: isah highway fori noncommercial traffic, with full or partial control of access, and  over relatively short distance.  (2) Urbans streets.  traffic withina andt throughout urban areas.  abutting property. (3) Specific type rural or urbans streets.  abutting property andi isr noti intended forg general traffic circulation. permanently terminated: and a vehicular turnaround provided.  usually located within ap park orar ribbon of park-like development.    8  Sawmills- Land Usage  (d) FRONTAGE ROAD. Al local street orr road thati is parallelt toaf full orp partial access controlled (e) LOCAL RESIDENTIAL ROAD. Cul-de-sac, loop streets less than 2,500 feet in length, or streets less than one mile in length that do not connect thoroughfares, or serve major traffic generators, and dor not collect traffic for more than 100 dwellings units. () RESIDENTIAL COLLECTOR ROAD. AI local access street whichs serves as a connector street between local. residential streets and the thoroughfare system. RESIDENTIAL COLLECTOR: STREETS typically collectt traffic from 100t to 400 dwellingu units.  facility and functions top provide access to adjacent land.  SUBDIVIDER. Any person, firm or corporation who creates as subdivision.  SUBDIVISION. For the purposes of this ordinance. subdivision shall include all divisions ofat tract or Commented [AK3): Definition Update. Added definition  parcel ofl land into two (2) orr more lots, building sites or other divisions when any one or more oft those citation divisions are created fort the propose ofs sale efor building development, whether immediate orf future, and shall include all divisions of land involving the dedication ofar new street or change in existing street; however, the following are shall not be included within this definition nor be subject tot the regulations authorized by this Article but do require a Certificate ofNo Approval Required be issued in accordance (1) Thec combination orr recombination ofap portion ofp previously subdivided: andi recorded. lots,erewisting leisefresend.ifiheret thet total number ofl lots is not increased andt the resultant lots aree equalt toc or (2) Thec division oflandi intoj parcelsg greatert thant ten (101a acres.ifiherenos street right-of-way dedication (3) The public acquisition by purchase of strips ofl land for the widening or opening of streets orf for (4) The division ofat tract ins single Ownership.sthe-whose entire area efwhieh isr nos greater than two (2) acres intor notr more than three (3)1 lots, ifw wherer non news street right-of-way dedication isi involved and ifwhere ther resultant lots are equalt to ore exceed thes standards oft the town, ass shown by this chapter; (5) The division ofat tract intop parcels in: accordance with thet terms ofaprobated wwill ori in: accordance (I) FAMILY. Subdivision ofproperty forf family use wherer resulting subdivision meets allr requirements (2) MAJOR. Alls subdivision ofl lots which dor not qualify as ar minor or family subdivision. (3). MINOR. Subdivision ofp property where five orf fewerl lots are created and alll lots created have road frontagei ina accordance with this chapter or any subdivision where ar new road isi involved.  with $153.036(N.C.G.S. 1610D-802):  exceed thes standards oft thet town ass shown in this chapter;  isinvolved;  public transportation: system corridors; and  and  with intestates succession under Chapter 29 oft the General: Statutes.  SUBDIVISION-TYPES: OF SUBDIVISION  ofS152.130.    Subdivision Regulation  9  TERRIAN CLASSIFICATIONS. (I) LEVEL. Crosss sloper range of0%to8 8%. (2) ROLLING. Cross sloper range of8.1%to1 12%. (3) MOUNTAINOUS. Cross sloper range ofc over 12%. (Ord. $60, passed 1-26-2007) $152.006  WORDI INTERPRETATION.  For thej purpose ofthis chapter, certain words shalll bei interpreted as follows: (A) Words used int thep present tense include the future.  (B) Words used int thes singular numberi include thep plural and words used int thej plural include the singular, unlesst the natural construction oft the wordi indicates otherwise. The word) PERSON includesaf firm, association, corporation, sponsor, trust and company as well  as ani individual.  (D) The words USEDI FOR: shalli include ther meaning DESIGNED! FOR. (E) The word STRUCTURE shall include they word) BUILDING. (F) The word LOT shalli includet the words PLOT, PARCEL, or TRACT. (G). The word SHALLisI mandatory, not merely discretionary. $152.015 PREREQUISITE TOPLATI RECORDATION.  (Ord. $60.25, passed 1-26-2007)  COMPLIANCE  Aftert thee effective date ofthiso chapter, eachi individual subdivision plato ofl land withint thet town'sj jurisdiction shall be approved by the Town Council on recommendation from the Town Planning Board, unless  otherwise setf forthl herein. (Ord. $5.1, passed 1-26-2007)    10  Sawmills Land Usage  $152.016 ACCEPTANCEOFSTREETS. by thet town andt thereafter accepted forr maintenance. (ord. $5.2, passed 1-26-2007) $152.017 THOROUGHFARE PLANS.  Nos street shall ber maintained by the town nor street dedication: accepted for ownership: andi maintenance in any subdivision for whichap plati isr required tob bea approved unless and untilt the final plat! has been approved  Whereap proposed subdivision includes any part ofat thoroughfare which! has been designated as such upon the officially adopted thoroughfare plan oft thet town, that part oft the thoroughfare shall be platted by the subdivider int thel locations shown ont the plan and at the width specifiedi int this chapter.  (Ord. $5.3, passed 1-26-2007)  $152.018 SCHOOLSITES ONI LANDUSEI PLAN.  Ifthe Town and the County Board of Education havej jointly determined thes specific location and size of any schools sites tob ber reserveda andt thisi information: appearsi int the ComprehensiveLand' Use Plan, the Town Planning Boards shall immediately notify the Boardo of Education whenevera as sketch planf foras subdivision is.submitted whichi includes allo orp partofaschools sitetob ber reserved. Thel Board ofEducation: shallp promptly decidey whether its stilly wishes thes sitet tob ber reserved. Ifthel Board of! Education does not wisht tor reserve the site, its shall so notify the Planning Board. Ift the Board of Education does wish to reserve the site, the subdivision shall not be approved without the reservation. The Board of Education shall then have 18 months beginning on the date of final approval oft the subdivision within which to acquire the site by purchase orb byi initiating condemnation proceedings. Ifthe Board ofE Education has not purchased orb begun proceedings to condemn the site within 18 months, the subdivider may treat the land as freed oft the  reservation. G.S. 160D-804 (Ord. $5.4, passed 1-26-2007)  Commented [AK4): Addedo citation  $152.019 ZONING. ANDOTHER PLANS (Ord. $5.5, passed 1-26-2007) $152.020 PERMITS.  Similarly, proposeds subdivisions must complyi ina allr respects witht ther requirements oft the zoning ordinance  ine effect int the areat to be subdivided, and any other officially adopted plans.  No building permits shall be issued for, nor shall water, sewer, or other town facilities or services be extended to or connected with, any individual building lot within any subdivision for whicha a final    Subdivision Regulation  11  plat is required tob be approved until saidj plats shall have been approved, or exempted, in accordance with this Ordinance andi recordedi int the office oft the Caldwell County Register ofI Deeds. This sections shall not restrict or prohibitt thee extension oftrunk water and/ors sewerl linesi into any subdivision" whichr requires such  extensions inc order tog gainf final approval. (Ord. $5.6, passed 1-26-2007)  PROCEDURE  $152.035 PROCEDURE FOR REVIEW OF DIVISIONS OR ALTERATIONS OF PROPERTY LINES WHERE NO LOCAL APPROVAL IS REQUIRED, AND REVIEW OF the provisions of this ordinance whenever any subdivision of land takes place. Whenever any change must be presented to thes subdivision administrator. Said plat must also bej presented to the  MINOR ANDI MAJOR: SUBDIVISIONS.  (A) Pursuant to G.S. 160D-804; 804.1,a final plats shall be prepared, approved, and recorded pursuant to Commented [AK5):T Theg generals statementr requiring manipulation ofproperty lines or property boundaries takes place withint thej jurisdiction oft the Town missing. Ihave addedt thisr recommendeds statementa along of Sawmills as established in $152.004 oft this ordinance that is exempt from these regulations as witht the G.S. citation overseeing platting requirements and provided by $152.005 definition. of Subdivision of this ordinance, a plat clearly displaying such performance guarantees (ifa applicable). (B) Pursuant to G.S. 160D-804, no final plat ofa subdivision within the. jurisdiction oft the Town of Commented [AK6): Theg generals statement requiring that Sawmills as establishedi in Section $152.004 oft this ordinance shall be recorded by the Register of afinal plat! have Towna approval beforer recording was Deeds of Caldwell County until it has been approved by the proper Board or official as provided missing. Ihavea added thisr recommendeds statement along  procedure ofafi finalp plat pursuantt tot this ordinance was  Caldwell County Register ofDeeds for recordation  herein. Tosecure: sucha approval ofaf final plat,t thes subdivider shallf followt thep procedures established Alls subdivisions shall be considered major subdivisions exceptt those defined as minor subdivisions intl this subchapter. Divisions or alterations ofproperty! lines where nol local approvali ist required shall be reviewed in accordance with the requirements in $152.036 to verify such status. Minor subdivisions shall ber reviewedi in: accordance with SS 152.037a andl 152.040. Major subdivisions shall ber reviewedi in accordance with ther requirements in SS 152.038 and 152.040. (D) Fort thep purposes oft these regulations, al MINOR: SUBDIVISIONI is defined as thet following: (1) Thec division ofat tract ofl land, regardless of period oft time, into not more than five (5)1 lots or parcels which front ona ane existing state maintainedi road ore existing privater road constructedi to thes specifications ofthis chapter; allf further divisions oftl the parentt tracti into any additional lots orp parcels shall bec considered: a majors subdivision, ands shalll bes subject tot the requirements of 2) Does not involve any news street or prospectively require any new street fora access toi interior  witht the G.S.C citationt thate enacts theT Townt tor regulate  int this section.  subdivisions.  $$152.038 and 152.040; property;    12  Sawmills Land Usage  (3) Does not create any new or residual lots orp parcels not conforming tot the requirements oft this (E) All proposed subdivisions shall be reviewed prior to preliminary approval for watershed status by submitting: a vicinity map to the Watershed. Administrator to determine whether orr not the property isl located withina a designated watershed area. Alls subdivisions locatedy withina a designated watershed must comply with all provisions set forthi int the town watershed protection ordinance and thet town (1) Subdivision: applications shall bef filedy witht the Watershed. Administrator. The: applications shall include a completed application form, two (2) copies ofthe plat ands supporting documentation (2) The Watershed. Administrator: shall reviewt the completed application and shall either approve, (3) Ifthe Watershed. Administrator: approves the application, such approval shall bei indicated on both copies ofthep plat by the following certificate ands signed by the Subdivision. Administrator: Icertify that the plats shown! hereon complies with the Watershed: Protection Ordinance: and/or Zoning Ordinance: andi isa approved fori recordation with the Register of Deeds.  chapter; and  (4) Alli included land must be under one ownership ors sponsor.  zoning ordinance. (See Chapter 153)  deemedr necessary byt the Watershed. Administrator. approve conditionally or disapprove each application. Certificate of Approval for Recording  Date restrictions may apply. review. (Ord. $70, passed 1-26-2007)  Watershed. Administrator  NOTICE: This property is located within a Public Water Supply Watershed development (4) If the Watershed Administrator disapproves or approves conditionally the application, the reasons for such action shall bes stated in writing for the applicant. The: subdivider may make changes and submita a revised plan which shall constitute as separate request for the purpose of  $152.036 PROCEDURE FOR REVIEW OF DIVISIONSOR. ALTERATION OFI PROPERTY (A) The subdivider shalls submit tot thel Town) Planning Department: al Mylar anda atl least four (4)0 copies of the proposed recombination or division. For the purpose oft this section a division or manipulation (B) Thel Town! Planning Department shall review the submitted division ora alteration ofp property lines to ensure the division or alteration oft the lots or parcels will not adversely affect the property or any  LINES WHERE NOI LOCAL APPROVAL IS REQUIRED.  wherer nol local approval is requireds shall be defined by $152.005. surrounding properties ord create residual nonconforming lots.    Subdivision Regulation  13  (C) After the Town] Planning) Department has determined that the division or alteration oft the lot(s) or parcel(s) meet the criteria laid out in G.S$160D-802 and will not have adverse consequences, the following certificate shalll bep placed ont thef face oft thej platt that acknowledges noa approval isr required Icertify thatt thej plat shown! hereon qualifies as division or alteration inp property lines wherer nol local approval isr required as outlined under) North Carolina General Statute $160A-376.  Commented [AK7): Updated Citation  from the Subdivision Regulations. Certificate of No Approval Required  Date  Town of Sawmills Planner  NOTE: See the definition ofs subdivision: as containedi in $152.005 forl list ofp platting events wherer no  local approvali isr required. (Ord. $71, passed 1-26-2007)  $152.037 PROCEDURE FORI REVIEW OF MINOR: SUBDIVISIONS  Commented [AK8): Therey wasn notr muchi int terms of minor subdivision procedure. The addedt texti ismy recommendation. Thec onlyo change required! hereb by1 160Dis  (A) Ifthe landt tob bes subdivided meets ther requirements ofa minors subdivision as definedi in $152.035(d) may bet used only where thes subdivision meets thes requirements of$152.035(d). (B) Prior tos submission ofai final plat, the: subdivider shall submitt tot thel Planning Department three (3) copies ofay preliminary plat ofther proposed subdivision containing the information required in (C). The Town Planning Department shall review the preliminary minor subdivision plat for complete compliance with ther requirements oft this section: and any other applicable Town ors state regulations; and shall discuss with the: subdivider or authorized agent ofa any changes deemed advisable in the proposed subdivision or require any additional information necessary for review of the minor SaMawRwiePaia:atw-encasi (D) After determining that allr requirements oft this section havel beeni met, the Planning Department shall adviset thes subdivider top proceed witht thep preparation ofai finaly plat, whicho conforms tot thes submitted preliminary plat. The approval oft the preliminary plats shalli ini no way be construed as constituting officiala approval ofthef final plat." The finalp plats shalll be complete ands show alli information required forprelimimaty-and- final plats in $152.040, and all certificates and notarizations required in this  above, the subdivider will not have toi follow the same procedures as for a major subdivision. A that minors andr subdivisions only undergo administrative Board. preliminary plat for the minor subdivision is required. The following minor plat approval process approvala notr required got througha  $152.040 forj preliminary plats.  Commented [AK9): Thisa already existed butt there wasno cross-referencei int then minor subdivision procedures.  subdivision. eutlined for Fnal-eppwal-eF-swhwi-a-dhape The Commented [AK10): Minors subdivisions arer now  requiredtob bea administrative: approval   subdivision:  section for finalj plat approval ofar minor subdivision. the prepesedsubdivisien: final plat.  (E) Thes subdivider shalls submit tot the Town! Planning) Departmenta aMylar anda atl least four (4)copiesof Commented [AK11): Formally(B)  (F) The final plats shalll bec ofas size suitable forr recording witht the County Register ofI Deeds. Maps (with  appropriate matchl lines) may bep placed on more than ones sheet.    14.  Sawmills Land Usage  (G) Forms for) fnal certifications. The following certificates shall appear ont the final plat. 1) Certificate off fnal approval ofan minor subdivision. We, the undersigned hereby certify that the subdivision entitled  fully meets the minimum requirements oft the Town of Sawmills Subdivision Regulations, however before any lot can be built upon, ani improvement permit must be obtained from the Caldwell County Health Department to allow a septic tank disposal system to be located thereon andt to approve the placement of any well thereon. The approval ort ther recordation of this map inr no way guaranteest that any lots shown hereon cand or willl bep permitted fora a septic  tank orf for placement ofa well. Towno of Sawmills Planner 2) Certificate ofownership and dedication.  Date  I(we) hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all roads, alleys, walks, parks, and other sites to (public or private*, choose which ever isa applicable) use asr noted. Further, I(we) certifyt the land as shown! hereon is within the platting) jurisdiction oft the Town of Sawmills.  Owner or Authorized. Agent North Carolina Caldwell County I certify that or seal this Notary Public My Commission expires_ tot ther recording oft this plat. (3) Certificate ofAccuracy  Date  a notary public oft the county ands state aforesaid personally came before me this day and  acknowledgedi the execution oft the foregoing instrument. Witness my hand ando officials stamp  day of_  20_  *Ifprivate, an approved Road Maintenance. Agreement must bes submitted and recorded prior  (Asr required under) NCGS 47-30 as amended)  Licensed Surveyor  Date    Subdivision Regulation  15  (4) Review Officer's Certificate State ofNorth Carolina, County ofCaldwell  I, Review Officer ) Town Engineer certificate , standards. Town! Engineer  Review Officer ofSawmills certifyt that the map or platt tov which  this Certification isa affixedr meets alls statutory requirements forr recording.  Date  Town Engineer of Sawmills certify that allp public water and/or  sewer lines installed werei inspected: and are inc conformity with all applicable Town and State  Date  $153.038 PROCEDURE FORI PRELIMINARY REVIEW OFI MAJOR: SUBDIVISIONS. (A) Thes subdivider: shall submit the following to the Town ofs Sawmills Planning Department atl least 14 days priort toas scheduled meeting oft the Subdivision Review Board: (1) Atl least 4 copies oft the proposed subdivision prepared in accordance with the requirements of $152.040. Additional printsi may ber required when deemed necessary; (2) Ad description oft thej proposedi method of providingay water supply and sewer disposal for each lot, including: any protective covenants tol be: applied to the subdivision; One copy of any required supplemental information. An erosion) control plan if applicable, stormwater control measures,: andt thel like; and  (4) As street profile.  (B). Before acting on a preliminary plat the Subdivision Review Board shall require that the plat be submitted to the District Highway Engineer for NCDOT and the Town Engineer for review and. comment ast tot the proposed streets and the drainage system; the Caldwell County Healthl Director or Town Engineer for his or her approval as tot the proposed water and sewage disposal system; the Caldwell County School Superintendent* for his or her information; and such other agencies and (C) Ifthe Subdivision Review Board disapproves or conditionally approves. the preliminary plat, the reason fors such action shall ber noted int the Subdivision Review Board's minutes andi reference shall ber made tot thes specific sections oft the ordinance with which thep preliminary plat does not comply, if applicable. The: applicant shall receives said denial iny writing from town planning staff.  officials as the Town) Planner deems necessary or desirable.    24  Sawmills Land Usage  Site Calculations (Cont'd)  Preliminary Final X  Topographic map with contours ata as scale ofr nol less than 1:24,000 Allo certifications requiredi in $$152.036, 152.037, and 152.039 Any other information considered by either the subdivider, Planning X Department or Subdivision Review Boardt to bep pertinent tot the review ofthe 'Notr required on plats for minors subdivisions. This information must accompany plats submittal. (Ord. $75, passed 1-26-2007)  X X  plat  $152.041 EFFECTOFI FINALA APPROVALONI DEDICATIONS.  The approval ofat final plats shall not constitute or affect the acceptance by the town oft the dedication of  any land, utility line or other facility ons said plat. (Ord. $76, passed 1-26-2007) $152.042 RECORDING OF FINALI PLAT.  Within 30 days after the final plati is exempted or approved and properly executed by the Town Officiali it shall have been properly recorded with the County Register ofl Deeds. This plat shalll be recorded prior to any conveyance of any portion ofs said property by reference tos said plat. Shouldt the 30-day time limit expire beforet thep plati isr recordedi itr must! ber resubmittedi to the Town) Planner forr reapproval. Upon: adoption ofthis chapter, the County Register ofl Deedss shall not thereafter file or record aj plat or subdivision. located withint thet territorial jurisdiction oft thet town until said plat has been approved and properly executed by the  Town Official. (Ord. $77, passed 1-26-2007)  $152.043 GUARANTEE OF IMPROVEMENTS.  (A). Where the required improvements have not been completed prior tot the submission oft the plat for final approval, the approval ofsaid plats shalll bes subjecttot thes subdivider guaranteeing thei installation ofs saidi improvements by one ofthef following methods (G.S. 160D-804.1 Pupypwsuisas allotthe folloinzapply wwith respect 1o1 performance quaranteess "performance guarantee" means any oft thet following forms ofs guarantee:. a. Thesubdivider shalle ebtain Filing a performance ors surety bond Payablee-heowr-lem the Town. The bond shall be payu ublet toit the Town of Savmills. and its duration shall be until such times as thei improvements: ares acceptedby the Town Council;or PesahiridrshallohanhnwsetawfCMiert.islehes-pyallete he-TowofSawmilla and suffieient deeumentation- fweegifamsi institution Depositing orp placing in escrows acertified check ors cash issuedb by any financial institution licensed tos dol business int the States ofNorth Carolina. ina ans amount  Commented [AK12):A Added Citationf for performance Commented [AK13): Thea addedt text belowa aret the thes State. Thereh have beena afewo changesa andn more parameters addeds sincet thew writing oft thes section. Probably  guarantees  (1) Type.-T The typeo of pertormance guarantee shall ber att the election oft the developer. The term requirementsf forp performance guarantees asr requiredby a-surety-bonding Cempny-suhariraled de-l business in the state-issued by any company theb biggest changei is thatt thea amount ofcannote exceed authorizedt to dol business int the State ofNorth Carolina. ins an: amount to bedeierminelby 125%, which's Sawmills previouslyrequired 150%.    Subdivision! Regulation  25  tobe determined by the Town. Portions oft thes security depositi may ber released: as work Enteringi into: ana agreement with the Town guaranteeing the completion oft the required work, said agreement tob bel binding ons subsequent purchasers of thej property and tob be recorded at the option oft the Town. The: agreement shall provide that satisfactory security bei furnished guaranteeing the completion of thes necessary improvements before each (la) Duration.- The duration oft the performance guarantees shall initially be one year, unless the developer determines that thes scope of work for the requiredi improvements necessitatesa longer duration. Int thec case ofal bonded obligation, the completion dates shalll bes set one year fromt the date thel bond isi issued, unlesst the developer determines that thes scope of work for (Ib) Extension. A developer shail demonstrate reasonable, good-faith progresst toward completion oft thet required improvements that ares secured by thej performance guarantee or any extension. Ifthe improvements are not completedt to thes specifications ofthel local government, andt the current performance guarantee is likely to expire priort toc completion of ther required improvements, thep performance guarantees shall be extended, orar new performance guarantee issued, for ana additional period. An extension under this subdivision shall onlyl bef fora duration necessary to complete the required improvements. Ifanew performance guarantee isi issued, the: amount shall be determined! by the procedure provided ins subdivision (3)ofthis subsection ands shalli include thet total cost ofa alli incomplete Release. The performances guarantee: shall ber returned ori released, as appropriate, ina timely manner upon the: acknowledgement by thel local government that thei improvements fors which the performance guarantee isb beingi required are complete. The local government shall return letters ofcredit ore escrowed funds upon completion oft the required improvements toi its specifications or upon acceptance oft ther requiredi improvements, ifthe required improvements ares subject tol local government acceptance. When required improvements that ares secured by al bond are completed tot the specifications oft the local government, or are accepted by thel local government, ifs subject to its acceptance, upon request! by the developer, thel local government: shall timely provide written acknowledgement. that ther required improvements! have been completed. (3) Amount. The amount oft thej performance guarantee shall not exceed onel hundred twenty- five percent (125%) oft ther reasonably estimated cost ofc completion: at the time the perlormance guarantee isi issued. Thel local government may determine the: amount ofthe performance guarantee or use a cost estimates determined by the developer. Ther reasonably estimated cost ofc completion: shall include onel hundred percent (100%)oft the costs for labor and materials necessary for completion oft the requiredi improvements. Where applicable, the costs shalll bet basedo on unit pricing. The additionall twenty-fivep percent (25%) allowed under this subdivisioni includesi inflation and: all costs of administration: regardless ofH how such fees ord charges are denominated. The: amount ofa any extension of any performance guarantee shall be determined: according to thej procedures for determining thei initialg guarantee and shall not exceed one hundred twenty-fivej percent (125%) oft the reasonably estimated cost of completion oft the remaining incomplete improvements still outstanding at thet time the  progresses.  section is developed.  ther required improvements necessitates al longer duration.  improvements.  extension is obtained.    26  Sawmills Land Usage  (3ay Timing. -A local government, ati its discretion. may require the performance guaranteet to ber posted eithera att thet time they plati isr recordedorat: time subsequent tor plat recordation. () Coverage. Thep performance guarantees shall only beused for completion ofther required improvements and nou for repairs ori maintenance: atter completion. (5) Legal responsibilities. No persons shall huveor may claim: any rightsunderorioa any performance quarantee providedy pursuant tot thiss subsection ori int they proceedso ofany such performance guarantees other than thet ollowing: a Thel local government tos whomt they performance guaranteei is provi ided. b. Thedeveloper: at whoserequest ort forwhosebenefit the performance gunnanteeis Thep person ors entity issuings orprosidingt ther performance guarantees at ther request of orf fort thel benetit oft thes developer. (6) Multipley guarantees.- The devs eloper shall have thes option to post onetypeofa pertormance guarantee as provi ided for ins subdivi ision(ljoft this section. inl lieu ofmultiple bonds. letters ofcredit. ord others equiva alents security. for: all development matters relatedto (6) Exelusion.- Performance guarantees: associateds witha erosions control: and stormwaters control (B) hadesaelaw-gied ANw95AeP-iss Feempletingal-regHRe-mprevemeNiaRdSMAbeabeandoFFelease--n-tl,freeand townt upen AsHepwdFNsN4APYpitpas ethed guarantee shal FamA.A e  given.  thes same project requiring pertormance: guarantees. measures arer nots subjectt to the provi isions oft this section.  . fwdsfayy be-subjee -smphaimpwewSPE"NA - Review-Beard grteneSmenikeweerar all-present te SaMM-RewBa  requirements-e een eempleted,the extensien-t followingi items: (1) Roadbeds; (2) Required ditches; (3) Drainage structures and/or facilities; (4) Required: seeding and grassing; (5) Erosion control measures; (6) Water Lines; or 7) Sewer Lines  at te-be-eensidered  revised-letter- eferedite OF bend stating thatt the-prejeet-w  Niension-ifgrenied, However these guarantees shall not be used toi insure the construction oft the    Subdivision Regulation  27  (Ord. $78, passed 1-26-2007)  SURVEYING: STANDARDS. ANDI INSTALLATION OF IMPROVEMENTS  $152.055 SURVEYING: STANDARDS  (A). Final plats shall be prepared by a Licensed Land Surveyor currently licensed int the State ofl North Carolina by the North Carolina State Board of Registration for Professional Engineers and Land Surveyors. The final plat shall conform to the provisions for plats, subdivisions, and mapping requirements set forth in G.S. $47-30, as amended, and the Manual of Practice for Land: Surveying (B) Furthermore, all subdivision) plats shall conform toa all: applicable town ordinances and the following (1) Minor subdivisions as defined by $152.0354BD) shall be required to install two control Majors subdivisions as definedb by $152.035A(Oshall ber requiredt toinstall one control comer for each major subdivision, plus an additional control comer for each block as defined in $152.094 witha ar minimum oft two control corners per major subdivision; (3) Alll lots shall bes surveyed toa ally property lines not right-of-way lines.  in/ North Carolina. additional requirements: comers;  Commented [AK14): Thet two changes arew wherel recommended the2r news statements for AandBin1 152.035  (Ord. $80, passed 1-26-2007)  $152.056 INSTALLATION OFI IMPROVEMENTS: guaranteed thei installation or complied witht the following requirements:  Before the Subdivision. Review Board shall approve a final plat for recording, the subdivider shall have (A) Road Improvements. All dedicatedi roads which aret to be publicly maintained: shall bec constructed! in accordance with thes specifications and: standards established! by thel NCDOT for acceptance on1 tothe State Highway System unless otherwise noted in $$152.075 through 152.097, 152.110 through 152.116 and 152.130 through 152.132. All dedicated roads which are to be privately maintained shall be constructed in accordance with the specification contained within $$152.075 through (I) Allprivate and community well waters systemsi intended for connection1 the Town' Waters system shall first submit plans ands specifications tot the State Department ofE Environment and Natural Resources for approval. These systems shall also meet all standards required by the Town. Plans for public and community sewer systems must be approved by the North Carolina  152.097, 152.110t through 152.116: and 152.130 through 152.132.  (B) Utilities:  Public Works Department and/or Town) Engineer. Department ofNatural: and Economic! Resources.    Subdivision Regulation  29  $152.077 ROADI PROFILES. (Ord. $90.3, passed 1-26-2007) $152.078 CONTOURMIAPS. thec contour map. (Ord. $90.4, passed1 1-26-2007) $152.79 frontage. (Ord. $90.5, passed 1-26-2007) $152.80  Road profiles indicating grades shall bes submitted tot the Subdivision Review Board.  A contour map ofa specified interval shall be provided for any subdivision" when requested by the Town Council or Town! Planning Department. Furthermore, preliminary subdivision designs shallb bec overlaid on  LOTS.  All lots shall front upon a dediçated and maintained: road ors street. This frontage shall be nol less than 75 feet. Cul-de-sac lots (as defined by $152.005) shall be required to have a minimum of 35 feet ofr road  FLAGLOTS.  Flagl lots, as defined by $152.005, shall bea allowed contingent upon thet following:  (A) The access drivet tot the' "flag" portion oft the lotr must bec constructed ont the' "flag pole" portion ofthe (B) No more than 5% of the total number of lots contained within a major subdivision as defined in $152.0354AXC) may be flag lots: however major subdivisions containing less than 20 lots shall be_  lot;  Commented [AK15): Thet twoo changesa arew wherel recommendedi the2 2news statementsf forAa andBin 152.035  permitted toc contain only one flagl loti int their design; (C) Nor more than two flagl lots may share common property lines. (D) Flagl lots are nota allowedi inr minor subdivisions ora as part of ane exception plat. $152.081 ACCESSI TOADJACENT PROPERTIES ANDE FUTURE ACCESS. Where itis logical to provide access to adjoining property, the required right-of-way shall be encouraged to be extended by dedication tot the boundary of such property, and in the instance ofs strip development alongt transportation corridors, building lots shallb be encouragedt tob be laid outa as top provide fort the opening  (Ord. $90.6, passed 1-26-2007)  off futurer roadways. (Ord. $90.7, passed 1-26-2007)    48  Sawmills- Land Usage  (10) Building Permits.  (a) No building permits shall bei issued for the PUD or phase, ifa phasing schedule was approved, until the required physicali infrastructure (streets, sidewalks, sewer lines, andt the like) has been properly installed and inspected. The applicant/leveloper shall provide to the Town ofs Sawmills Planning Department a construction and inspection report certified by a professional engineer licensed in the. state which verifies that the physical (b) Unless stateda at approval, thec construction: and development ofall common areasa and open space of each PUD or phase, ifaj phasing schedule was approved, shall be completed to coincide with the completion ofs structures. For example, when 25% oft thes structures are completed, then approximately: 25% oft thec common: areas and opens spaces shall ber required. tob be completed. Furthermore, a Certificate of Occupancy (CO) shall not bei issued until and unless such common areas and opens space havel been completed.  infrastructure! has beeni installed as approved and inspected.  (Ord. $95.3, passed 1-26-2007) $152.145 VARIANCES.  VARIANCES  (A) TheE Board of Adjustment may authorizeayariancei fromt these regulations when, ini its opinion, undue hardship may result from strict compliance. Ing granting any variance, thel Boards shall make findings required below, takingi into accountt the nature oft the proposed subdivision, the existing use ofl land int the vicinity, thei number ofp persons tor resided orv worki int thep proposed: subdivision: and thej probable effect oft the proposed subdivision upont traffic conditions int the vicinity. (1) That there are-special - the preperly-sueh that-striet piauioeflhepvisierperweflheraseeuse Unnecessary hardship would result from the strict application of the regulation. It is not necessary to demonstrate that, int the absence of the variance, noi reasonable use can ber made (2) FMhevriaeismeeaiaepay-eM Thel hardship results firom conditions that: are peculiart toi the property, such asl location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common tot the neighborhood or the general public, may not bet the basis for granting a variance. A variance may be granted when necessary and appropriate to make a reasonable accommodation under the Federal Fair Housing Act for a person with a (3) That dhpMeN the need fert the-varianee are peculiart tet the parcele and enotgeemibyhamstesisefparelsinthejwisdietienk ofthise ehapter-and Thel hardship didi not result from actions taken! by the applicant or thep property owner. The: act ofp purchasing property with knowledge that circumstances exist that may. justify the granting (4) hatlegrigefhe-wailiafypaméwelane iuisalerpy--ipwpvislwd.  (B) No variance shall beg granted unless thel Board finds that: allofthef following: arer met (G.S. 160D-705): Commented [AK16): Addedo citationa andu updated  variance requirements  efhiserherland oft the property. efthe-petitioner;  disability.  ofa variance is nota as self-createdl hardship.    Subdivision! Regulation  49  Ther requested variance is consistent with the spirit, purpose, and intentx oft the regulation, such  thary publies safèry iss secured: and substantial justicei isa achieved.  (Ord. $100, passed 1-26-2007) $152.999 PENALTY.  (A) Generally. Any person violating any provisions of this chapter for which no specific penalty is (B) Violation a misdemeanor: Violations oft these regulations shall be punishable as provided in GS After the effective date oft this ordinance, any person who, being the owner ora agent oft the ownero of any land located withint thet territorial, jurisdiction ofthis ordinance, thereafter: subdivides his landb by reference to. exhibition of. or any other use ofar plats showing: subdi ision ofthel lnd beforet thep plat has been properly approved under the terms of this ordinance and recorded in the Office oft the Caldwell County Register of Deeds, shall be guilty ofa misdemeanor. The description by metes and bounds in the instrument of transfer or other document used in the. process of selling or transfèrring land shall not exempt the transaction from this penalty. Building permits may bec denied for lots that have been illegally subdivided. The Town of Sawmills through its attorney or other ofticial designated by the Town Council mayr enjoin illegal subdivi ision, transfer ors sale ofland byr action for injunction. Further, violators oft this ordinance shall bes subject. upon convi iction. tot fine contractst tos sell orl leaset by reference tos an: approved preliminary plat for whichat finaly plat has not yer been properly approved under thes subdivision regulation or recorded with the register of deeds, provi ided thes contract does all oft the following: i Incorporates as an attachment a copy of the preliminary plat referenced in the contract: and obligates the owner to delivert tot thel buyera acopy oft thes recorded plat priort toc closing and conv eya ance. ii. Plainly and conspicuously notifies the prospective buyer or lessee that a final subdivision plat has not been approvedo orr recorded: at thet timeofu the contract, that nos govermentall body will incur any obligation to they prospectivebugerorl lessee withi respect to1 the: approvalofd the final subdivi ision plat, that changes between the preliminary and final plats are possible, and that the contract or lease may be terminated without breach by the buye er orl lessee ifthe final recorded plat differs ili. Providest thati ifthe: approve ed: and recorded finalp plat doesr not differ ins any material respect from the plau refèrred to in the contract. the buyer or lessee) may not be required by thes sellers orl lessort tod close: any earliert than fivedaysaftert the delivers 1 Prev-ides-that iftheappreveda and reeorded final plat difersina any material respeet fromt the preliminary plat referred toi ini the contract, the buye er or lessee may not berequired! by thesellerc or lessor to closeany earliert than 150 daysaftert the delivery ofthe finai recorded plat, during which 15-day period the buyer or lessee may: terminate the contract without breach or any further obligation and may receivea refund ofs all earnest moneys orp prepaid purchase price. 2. Ther provisions of this section do not prohibit any owner or its agent from entering into contractstosell orl leasel landb by referencetos ans approvs edy preliminary plaur forwhichal linal plat! has not been properly approvedi undert thes subdivi ision regulation or recorded with: the  prescribed shall bes subjectt to $10.99. $160D-807.  undiori imprisonment: as providedby G.S. 14-41  Commented [AK17): Below aree exemptionsf fora approved  1. The provisions oft this section do not prohibit any owner or its agent from enteringi into preliminary plats under 160D-807  ina any. material respect from the preliminary plat. ofacopy oft the finali recorded plat.    50  Sawmills Land Usage  register ofd deeds wheret the buyer orl lesseei is any person who has contractedi to acquire or lease the land for the purpose of engaging int the business ofc construction ofr residential, commercial, ori industrial buildings ont thel land, orf for the purpose ofr resale or lease ofthe land top persons engagedi int that kind of business, providedt that no conveyance oft that land may occur and no contract tol lease iti may become effective until after the final plat. has been properly approved under thes subdivision regulation and recorded with ther register of  deeds.  (Ord. $110, passed 1-26-2007)    Minor Modification language:  135.28 Minor modifications to a special use permit may be administratively approved by the zoning administrator ifi issues arise after the special use permit has been approved by the board of adjustment that keep the applicant from carrying out the strict interpretation The Zoning Administrator is authorized to review and approve administratively a minor modification to an approved special use permit. Minor: modifications include: reconfiguring parking design, changing landscaping or buffering arrangements, or slightly altering road and lot configurations for a development that has already gone through the full approval process. Minor modifications are subject to the following  of the ruling.  limitations.  1. General Limitations. The minor modification:  i. Does not involve a change in uses permitted or the density of overall ii. Does not increase the impacts generated by the development on traffic, stormwater runoff, or similar impacts beyond what was projected for the iv. An adjustment tol landscape standards up to 10% percent of required  development permitted;  original development approval; and iii. Meets all other ordinance requirements.  landscaping.    AGENDA ITEM 11A  MEMO: FROM: DATE: SUBJECT:  Chase Winebarger/Town Manager Karen Clontz/Finance Officer  3/9/2021 Financial Matters: Water/Sewer/Santation Bad Debt Write Off  Discussion:  Attached isal list ofaccounts which have gone unpaid for Utility and Sanitation services during the calendar year 2017. The Town does not expect to collect payment. The total amount is $6,735/28. Included in this amount are 34 accounts with balances of $50, and above, totaling $4,791.85. These  accounts have been submitted to the NC Debt Setoff Program for collection. As of this writing, the Town has recovered $6,786.461 from previous years.  There are sufficient funds budgeted for this reason.  Recommendation:  Staff recommends Council approve the bad debt write off amount of $6,735.28.    NAME 1 TIMHICE 2 STEVEI HILDEBRAN 3 THOMAS BRASWELL 4 IBS 5 TONY SUMMERLIN 6 WENDY TAYLOR 7 BOBBIEJLARKIN 8 CATHERINE LUNSFORD 9 EVER PINEDA VASQUEZ 10 Joseph Barker Jr 11 ELLEN D DOTSON 12 JULIE PERKEY 13 KATIE CARTY 14 LINDSAY: HOLMAN 15 CYNTHIA HUDSON 16 MEGAN BYRD 17 SARAHJOHNSON 18 OLA HOLSTEAD 19 MARY TEAGUE 20 LEONARD SABATINO,JR 21 MISTY MCKEE 22 SERENA A FULCHER 23 DONNA HAAS 24 TERESA ANDREWS 25 Kenneth Potter 26 ANGELA TAYLOR 27 JESSICAJEPSON 28 Linda Gail Bowlin 29 LINDA NORRIS 30 Carolina Locust 31 JOSEPH M SOUTH 32 FRANCIS COFFIN 33 SCOTT ELLER 34 JESSICA TOWNSEND 35 KURTIS KUNKLE 36 Shelby Kerley 37 DOROTHY HOLSCLAW 38 VFC Property 39 MILLIE MCCARTHY 40 LISA DAWN MILLER 41 SHERRY MONK 42 AMANDA M. HUDGINS 43 Misty Vess 44 LISA PARLIER 45 ANGEL ORTIZ ORTEGAJR  DATE AMTOWED  7/12/2017 9/11/2017 4/7/2017 3/6/2017 12/20/2017 4/7/2017 8/7/2017 6/6/2017 12/7/2017 12/21/2017 3/10/2017 7/6/2017 9/7/2017 12/7/2017 8/1/2017 2/8/2017 7/5/2017 8/1/2017 10/11/2017 10/11/2017 10/11/2017 7/12/2017 10/12/2017 5/19/2017 12/21/2017 2/23/2017 5/8/2017 7/24/2017 11/17/2017 10/16/2017 8/7/2017 8/7/2017 7/13/2017 8/7/2017 11/29/2017 12/21/2017 12/18/2017 12/21/2017 3/6/2017 9/29/2017 5/15/2017 6/6/2017 12/21/2017 2/3/2017 7/12/2017  $54.89 $133.60 $60.83 $46.50 $268.81 $409.84 $0.88 $59.35 $79.70 $10.06 $266.91 $34.08 $144.13 $10.06 $19.70 $12.88 $34.08 $0.88 $51.79 $225.69 $71.16 $38.35 $90.86 $30.85 $32.20 $15.85 $49.35 $98.05 $50.06 $17.60 $54.18 $54.18 $34.20 $44.80 $146.09 $72.41 $25.95 $212.55 $40.83 $118.48 $39.00 $85.85 $109.90 $38.35 $210.48    46 KAYLA NELSON 47 CHRISTYLI RIVERA 48 DEREK TRIVETT 49 SHIRLEY REGISTER 50 TRACIE WORLEY 51 RANDY HAYES 52 TONY BYRD 53 JOHNNY WAYNE POTTS 54 TAYLOR STOOTS 55 BRITTANY BENGE 56 MEGAN LAMBERT 57 APRIL PARLIER 58 TAMARA EARP 59 Peggy Frazier 60 ROBERT VINCENT 61 KEISHA SHROPSHIRE 62 RANDLE KI POE 63 JESSICA MORGAN 64 JOSHUA LI HOLMAN 65 MELISSA ROLL 66 ASHLEY DULA 67 THE RELIABLE GROUP, LLC 68 SYLAS RAY FARMER 69 STEPHEN OLIVER 70 MANUEL R CULLAR 71 LYNETTE HALL 72 RAYMOND MATHIS 73 SIERRA HOLSCLAW 74 SHAWNI HOPPER 75 Norma Goodlake 76 ROGER LEE: POARCH 77 TIMOTHY WAYNE GREENE 78 KRISTIE HODGE 79 TRAVIS MELTON 80 EUNICE. ANN TESTER 81 RICHARD MCFALLS 82 Pamela Laws 83 LOGAN HOLLINGSWORTH 84 MICHAEL SCHWARTZ 85 ANGELA CHURCH 86 WILLIAM STEVEN WRIGHT 87 EMILY MCMICKLE 88 CECIL WILLIAMS 89 JORDAN WINKLER 90 CAROLINA HERITAGE REALTY 91 HASKEL CARMACK 92 DOUG HICKS  2/8/2017 4/21/2017 5/17/2017 8/7/2017 8/9/2017 3/10/2017 2/8/2017 6/6/2017 12/4/2017 5/1/2017 6/16/2017 10/12/2017 8/14/2017 12/21/2017 10/11/2017 3/3/2017 7/12/2017 5/8/2017 5/8/2017 4/7/2017 2/8/2017 9/28/2017 8/2/2017 8/7/2017 8/1/2017 5/1/2017 9/7/2017 2/8/2017 7/11/2017 12/21/2017 7/12/2017 4/3/2017 4/6/2017 1/17/2017 7/12/2017 2/6/2017 12/21/2017 2/8/2017 3/6/2017 9/7/2017 9/25/2017 4/3/2017 10/11/2017 7/6/2017 2/22/2017 4/7/2017 11/7/2017  $85.85 $44.38 $24.43 $4.45 $7.20 $49.50 $153.78 $80.85 $3.30 $7.00 $4.35 $37.56 $72.35 $11.93 $38.23 $39.00 $22.85 $22.85 $13.93 $249.33 $32.64 $95.54 $7.20 $3.50 $4.45 $8.50 $51.79 $34.08 $37.00 $133.61 $4.35 $57.85 $18.00 $7.00 $22.85 $22.00 $42.56 $4.19 $43.85 $32.38 $6.60 $59.84 $91.53 $22.85 $25.85 $1.33 $52.41    93 VICTOR DAVIS 94 LACICAPE 95 JAMES BRANDON LAUGHTER 96 Angela Lefevers 97 SANDRA DEVAN 98 BRITTANY WALLACE 99 Brittany Pyatte 100 RONNIE BURCHETTE 101 JONATHAN HOLTSCALW 102 Pearl Buchannan 103 Donald Mills Jr 104 DEBBIE YOUNCE 105 Shelbie Townsend 106 LATASHA TRIPLETT 107 COLTON WATSON 108 Shelia Vasquez 109 Chasity Taylor 110 SUZANNE DUCKWORTH 111 MARY NELSON  10/5/2017 4/7/2017 7/12/2017 7/31/2017 8/7/2017 5/8/2017 11/7/2017 6/6/2017 6/6/2017 12/21/2017 12/21/2017 10/2/2017 12/21/2017 8/8/2017 9/7/2017 9/5/2017 12/21/2017 9/8/2017 12/7/2017  $65.54 $43.85 $77.20 $0.88 $90.55 $23.38 $91.53 $78.18 $37.85 $41.72 $16.94 $79.70 $131.58 $26.45 $11.93 $88.66 $18.66 $15.06 $192.51 $6,735.28  Accounts with al balance due of $50, or greater, has been submitted to the NC Debt Setoff for  collection.  Total:  $4,791.85    AGENDA ITEMI 11B  MEMO DATE: SUBJECT:  March 16, 2021 Discussion: Meter Charge for Replacement Meters  Discussion:  Since changing to the new. AMI meters last year, Public Works has had to go change several meters due to customer: negligence. The new AMI meters have an approximate value ofi four hundred dollars ($400.00). Staff would like for Council to approve a meter replacing fee of five hundred dollars ($500.00), which would include the cost oft the AMI meter and labor for any Also, staff would like for Council's guidance in how to collect for the replacement meters. Would staffinvoice the customer: for the meter and wait for payment, or would staff require the  meters that have to be replaced due to customer negligence.  customer to pay for the meter before install?  Recommendation:  Staffrecommends: Council discuss this matter and decide how they wish to proceed.    AGENDA ITEM11C  MEMO DATE: SUBJECT:  March 16, 2021 Discussion: Reconnect Fees for Sanitation Only Accounts  Discussion:  During disconnects, Public Works has toj pick up sanitation cans due to nonpayment, only to have to go and return the can in the next few days. All accounts are charged a reconnect fee or given an option to pay two (2) months bills (the past due amount and the following month) except for sanitation only accounts. Sanitation only accounts only have toj pay the past due amount and Public Works then returns the customers can. Staff would like to charge a reconnect fee oftwenty dollars ($20.00) for the time to pick up the can, return ofthe can and for storage of the can, or give the sanitation customer the option to pay two (2) months bills, to try and  discourage nonpayment oft the sanitation bill.  Recommendation:  Statfrecommends Council discuss this matter and decide how they wish to proceed.    AGENDA ITEM 11D  MEMO DATE: SUBJECT:  March 16, 2021 Discussion:  Special Pick-Up Limits  Discussion:  Public Works and office staff has noticed an increase in the number of special pick-ups for sanitation and brush. There are multiple locations that call a special sanitation pick-up weekly. The Town does not charge for special sanitation pick-ups because in the past the Town picked up the sanitation and went to the landfill on a regular basis. Now Public Works is having to make trips to the landfill daily because ofa all the special sanitation and brush pick-ups, which is costing the Town in tipping fees, fuel and truck maintenance charges. Staff would like to limit the amount of special pick-ups to six (6) free pick-ups a year, which can be any combination of sanitation and brush (that meets the standard requirements), and then charge for any additional pick-ups after the initial six (6) at a cost of seventy-five dollars ($75.00) per special pick-up.  Recommendation:  Staffi recommends Council discuss this matter and decide how they wish to proceed.    AGENDA ITEMI 11E  MEMO DATE: SUBJECT:  March 16, 2021 Discussion: Brush Pick-Up Policy  Discussion:  The current brush pick-up policy that:  1. Due to the volume of requests, work orders for brush pickup are handled in the order that they are received. When possible, brush pickup will take place within three (3) business days of receipt ofthe work order. Ifnot possible to attend to within three (3) business days, brush will 2. Brush will only be collected ifitis is left on the curb with all cut ends turned toward the street. 3. No brush from commercial tree trimming companies will be accepted or any brush from out 4. Limbs should be no larger than four (4) inches in diameter and the entire brush pile should be no longer than five (5) foot wide by five (5) foot tall by twelve (12) long. Tree trunks, logs, and stumps will not be collected and must be separated out from the brush to be collected. 5. There willl be no charge for brush pick up, unless the brush pile is larger than standard requirements. Iflarger than standard requirements and/or, the pile in question takes two (2) employees longer than thirty (30) minutes to clean up; there will be a minimum charge of Ifit takes longer than one (1) hour, there will be an additional fee of seventy-five  be collected as soon as possible.  oftown.  seventy-five dollars ($75.00).  dollars ($75.00) per hour or portion thereof. All fees must be paid in advance.  For the past few years, staffl has been able to dispose of the brush locally for a monthly cost, but that place has now closed and staffi is having to take brush to the Caldwell County Landfill. The cost for the tipping fees on brush is fifty dollars and one cent ($50.01) per ton. With the increase of cost for tipping fees, fuel and maintenance, the Town can no longer afford to pick up brush larger than a standard pile for free. Staff would like for Council to consider changing the brush  pick-up policy to the following:    1. Due to the volume of requests, work orders for brush pickup arel handled in the order that they are received. When possible, brush pickup will take place within three (3) business days of receipt oft the work order. Ifnot possible to attend to within three (3) business days, brush will 2. Brush will only be collected ifitis left on the curb with all cut ends turned toward the street. 3. No brush from commercial tree trimming companies will be accepted or any brush from out 4. Limbs should be no larger than three (3) inches in diameter and the entire brush pile should be no longer than five (5) foot wide by five (5) foot tall by twelve (12) long. Tree trunks, logs, and. stumps will not be collected and must be separated outj from the brush to be collected. 5. There will be no charge for brush pick up, unless the brush pilei is larger than standard requirements. Iflarger than standard requirements there will be a minimum charge of  be collected as soon as possible.  oftown.  onel hundred fifty dollars ($150.00) per trip. All fees must be paid in advance.  Recommendation:  Staffrecommends: Council discuss this matter and decide how they wish to proceed.    AGENDA ITEM 13A  MEMO DATE: SUBJECT:  March 16, 2021 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Planner Dustin Millsaps continues to make  throughout the town. Recommendation: No Council action required.