AGENDA Sawmills Town Hall Tuesday, October 15, 2019 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 Pastor Ashley Crouse Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Green 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 Mayor Johnnie Greene Mayor Johnnie Greene Todd Poteet  A. September 17,2019 Regular Meeting Minutes B. September 17,2019 Closed Session Meeting Minutes C. October 1,2019 Special Meeting Minutes D. October 1,2019 Special Closed Session Meeting Minutes  6. Public Comment 7. Recognitions: A. Recycle Rewards A. Open Public Hearing B. Staff Comments/Recommendations C. Public Comment D. Close Public Hearing E. Council Action 9. Discussion:  8. Public Hearing on Text Amendment for Zoning Ordinance:  A. Consideration of Appointment ofTown Manager B. Approve Employment Contract ofTown Manager C. Call for Public Hearing for Sawmills Stormwater Ordinance D. Russell Dr/Mission Rd Waterline Replacement  10. Financial Matters:  A. Presentation of Bids for AMI Replacement Project C. Approve Contract for AMI D. Refuse Truck Information  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  B. Approve Capital Project Budget Ordinance Water Meter  E. Resolution Approving Conveyance ofProperty to Another Unit ofGovernment in North Carolina  11. Public Comment 12. Updates:  A. Code Enforcement Report B. Council Comment  13. Closed Session: NCGSS 143-318.11(0)50), and 6  14. Adjourn    September 17, 2019  IUESDAYSEPTEMBER 17,2019  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Clay Wilson Rebecca Johnson  STAFF PRESENT Terry Taylor Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at approximately  6:03pm.  INVOCATION: Pastor Steve Owen gave the invocation.  PLEDGE OF ALLEGIANCE: Ashton Woodruff and Lane Rice of Sawmills Elementary  School led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the September 17, Clay Wilson made a motion, and Joe Norman seconded, to adopt the September 17, 2019  2019 Agenda.  Agenda. All were in favor.  APPROVE AUGUST 20, 2019 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the August 20, 2019 regular meeting minutes. Joe Norman made a motion, and Clay Wilson seconded, to approve the August 20, 2019  regular meeting minutes. All were in favor.  APPROVE AUGUST 28, 2019SPECIAL MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the August 28, 2019 speçial meeting minutes. Rebecca Johnson made amotion, and Keith Warren seconded, to approve the August 28, 2019  special meeting minutes. All were in favor.  APPROVE AUGUST 28, 2019 SPECIAL CLOSED SESSION MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the August 28, 2019 special closed  session meeting minutes.    September 17,2019  Keith Warren made a motion, and Joe Norman seconded, to approve the August 28, 2019  special closed session meeting minutes. All were in favor.  APPROVE AUGUST 29, 2019 SPECIAL MEETING MINUTES: Mayor Johnnie Greene asked for ai motion to approve the August 29, 2019 special meeting minutes. Joe Norman made a motion, and Rebecca Johnson seconded, to approve the August 29,2019  special meeting minutes. All were in favor.  APPROVE AUGUST 29, 2019 SPECIAL CLOSED SESSION MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the August 29, 2019 special closed Rebecca Johnson made a motion, and Joe Norman seconded to approve the August 29,2019  session meeting minutes.  special closed session meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or  comments at this time. No one wished to speak RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Mr. Joseph Phillips as the September Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be  added to his sanitation bill. No Council action was required. FINANCIAL MATTERS:  SAWMILLS FIRE AND RESCUE DONATION REQUEST: Mayor Johnnie Greene stated that during the May 17, 2016 Council meeting, a resolution was passed to set aside a week in September as Sawmills Volunteer Fire and Rescue Appreciation Week. As a way to continue to show the Town's: support, a donation is recommended for the Sawmills Volunteer Keith Warren made a motion, and Joe Norman seconded, to give a donation in the amount of five hundred dollars ($500.00) to the Sawmills Volunteer Fire and Rescue Department. All  Fire and Rescue Department.  were in favor.    September 17, 2019  PLANNING MATTERS:  PLANNING BOARD/BOARD OF ADJUSTMENT TEXT ADMENDMENT: Town Planner Hunter Nestor stated that currently the Town of Sawmills has separate Board of Adjustments and Planning Boards. The Planning Board should consist of five (5) members; three (3) in town members and two (2) ETJ members. The Board of Adjustments consist of five (5) members and Council may appoint two (2) alternate members. However, staff is having problems finding people who would like to serve on either board. Currently, wel have only four (4) members on the Planning Board and four (4) members on the Board of Staffwould like to combine the Planning Board and the Board of Adjustments. The proposed draft states that the Board will consist of six (6) members, four (4) in town and two (2) ETJ to remain proportional, and have two (2) alternates, one (1) in town and (I) ETJ. This will help with trying to find people to serve on the Board, as well as giving the new combined Board more duties for more frequent meetings. By combining both boards, staffrecommends tol having six (6) regular members instead ofthe current five (5): for each board, Thej proposed language allows for two (2) alternates to be appointed in case a regular member cannot attend an meeting. There will be one (1) alternate from in town and one (1) from ETJ. Clay Wilson made a motion, and Rebecca Johnson seconded, to call for a public hearing during the regular Town of Sawmills Council Meeting on October 15, 2019 at 6:00pm. All  Adjustments.  were in favor.  RE-APPOINT BOARD OF ADJUSIMENTS MEMBERS: Town Planner Hunter Nestor stated that there are four (4) seats on the Board of Adjustments that expired in June of this  year along with a vacant ETJ seat and a vaçant alternate seat.  Clay Wilson made a motion, and Rebecca Johnson seconded, to table this matter to the October 15, 2019 regular Town of Sawmilis Council Meeting. All were in favor.  RE-APPOINT PLANNING BOARD MEMBER: Town Planner Hunter Nestor stated that the term of appointment for Planning Member Kelly Price expired September 1,2 2019. Clay Wilson made a motion, and Joe Norman seconded to table this matter to the October 15,  2019 regular Town of Sawmills Council meeting. All were in favor.  PUBLIC COMMENT: No one wished to speak  SEPTEMBER CODE ENFORCEMENT REPORT: There are seven (7) code  enforcement cases open:    September 17,2019  Chaney Carter, owner of 4361 Sawmills School Rd. Overgrown vegetation. Town Planner Hunter Nestor stated that a letter was sent on July. 19, 2018, with a deadline of August 3, 2018. Town Planner Hunter Nestor stated that the nuisance was abated by the Town on August 10, 2018. Town Planner Hunter Nestor stated that a lien will be placed on the property for the cost of the mowing. Town Planner Hunter Nestor stated that a hearing was held on September 6, 2018, and Ms. Carter did not show sO Town will proceed to demolish house. Town Planner Hunter Nestor stated that an asbestos test was performed on the property on July 25, 2019, and the test did find asbestos. Town Planner Hunter Nestor stated that DARI was contacted on August 8, 2019, to give the Town an estimate for abatement. Town Planner Hunter Nestor stated Carolyn Bray/Robyn Brittian, 2570 Baker Circle. Abandoned mobile home. Town Planner Hunter Nestor states that he is working with Town Attorney Terry Taylor to abate. Town Planner Hunter Nestor stated that the Town can treat this as a junk and debris case and not minimum housing, and by doing so, can proceed after thirty (30) Horror Fields, Kiser-Sawmills, Helena St. Fence/buffer. Town Planner Hunter Nestor stated that a complaint was received on. April 10, 2019. Town Planner Hunter Nestor stated that the property is not in compliance with the conditions set in CUP. Town Planner Hunter Nestor stated that a NOV letter was sent out on April 11, 2019, ,witha deadline of May 10, 2019. Town Planner Hunter Nestor stated that he made a site visit on May 30, 2019 and owner is working to get property in compliance but there Debra Baker, 4476 Rual Dr. Overgrown vegetation/garbage and rubbish. Town Planner Hunter Nestor received a written complaint on May 22, 2019. Town Planner Hunter Nestor sent a NOV letter with a deadline of June 11, 2019. Town Planner Hunter Nestor stated that he has received no response, but the property had been mowed as of August 13,2019. Town Planner. Hunter Nester stated that the rest oft the property is still not in compliance, but no other complaints have been made; Timberline Lumber Co, Inc, 4221 US Highway 321A. Vegetation/Property Maintenance. Town Planner Hunter Nestor stated that he received a complaint on July 2, 2019 and sent a NOV letter on July 16, 2019. Town Planner Hunter Nestor stated that he has had no response as of August 8, 2019. Town Planner Hunter Nestor stated that he sent a second NOV letter on August 8, 2019, with a new deadline of August 20, 2019. Town planner Hunter Nestor stated that some Paul West, 2514 Crest Ln. Overgrown Vegetation/Garbage and Rubbish. Town Planner Hunter Nestor received a complaint on July 5, 2019. Town Planner Hunter Nestor stated a NOV letter was sent on July 9, 2019 with a deadline of July 29,2019. Town Planner Hunter Nestor stated that the letter was returned and was unable to forward. Town Planner Hunter Nestor stated that he contacted the taxing office and received a different address for the owner. Town Planner Hunter Nestor stated that he sent an additional NOV letter on August 13, 2019 with a deadline of August 26,2019,  that staff can proceed to demolish and abate the property;  days with abatement;  are still some other areas that need to be addressed;  Overgrown  progress has been made;    September 17,2019  Town Planner Hunter Nestor stated that he spot checked the property on August 29, Brian Poarch, 4166 Duff Dr. Overgrown Vegetation/Property Maintenance. Town Planner Hunter Nestor stated that he received a complaint on August 7, 2019. Town Planner Hunter Nestor stated al NOV letter was sent on August 8, 2019 with a deadline of August 27, 2019. Property was cleaned up. Property owner called to ask if there was anything else he needed to do but staff deemed the property in compliance.  2019 and the property was mowed and cleaned;  No Council action was required.  COUNCIL COMMENT: Mayor Johnnie Greene asked if anyone on Council had any  comments or questions at this time: Clay Wilson thanked everyone for coming out.  Joe Norman thanked everyone for coming out and hoped everyone had a safe trip home.  Keith Warren thanked everyone for coming.  CLOSED SESSION FOR ATTORNEY CLIENT PRIVILEGE PURSUANT TO NCGS $143-318.11 (a)(5): Mayor Johnnie Greene asked for a motion to go into closed session. Clay Wilson made a motion, and Rebecca Johnson seconded, to go into closed session pursuant to NCGS 8 143-318.11(a)(5) at approximately 6:26pm. All were in favor. Joe Norman made a motion, and Keith Warren seconded, to come out of closed session at  approximately 7:26pm. All were in favor.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn.  Keith Warren made a motion, and. Joe Norman seconded, to adjourn the meeting. All were in  favor.  The meeting was adjourned at approximately 7:29pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    TUESDAY, OCTOBER 1,2019  TOWN OF SAWMILLS SPECIAL COUNCIL MEETING  6:30 PM  COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Clay Wilson Joe Norman Rebecca Johnson  STAFF PRESENT Terry Taylor  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at approximately  6:35 pm.  CLOSED SESSION FOR NCGS 143-318.11(a)6) CONSIDER THE QUALIFICATIONS, COMPETENCE, PERFORMANCE, CONDITITION OF APPOINTMENT OF A PUBLIC OFFICER OR EMPLOYEE OR PROSPECTIVE PUBLIC OFFICER OR EMPLOYEE: Mayor Johnnie Greene asked for a motion to go Joe Norman made a motion, and Rebecca Johnson seconded, for Council to go into closed session under NCGS 143-318.11(a)(6) consider the qualifications, competence, performance, condition of appointment of a public officer or employee or prospective public officer or  into closed session.  employee. All were in favor.  Council went into closed session at approximately 6:35pm.  Joe Norman made a motion and Keith Warren seconded, to return to open session at Rebecca Johnson made a motion, and Keith Warren seconded, to adjoin the meeting. All  approximately 7:30 pm. All were in favor.  were in favor.  The meeting was recessed at approximately 7:30pm.  Johnnie Greene, Mayor  Julie A Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  October 15,2019 Recognition: Recycle Rewards Program  Discussion:  The Town ofSawmills would like to congratulate Rebecca Byrd on winning the Recycle Rewards Program for the month of October. Mayor Johnnie Greene will present her with a Certificate of Appreciation. Athirty-two dollar ($32.00) credit will be added to the current  sanitation bill.  Recommendation: No Council action is required.    OF SAWM  MAYOR Johnnie Greene TOWN ADMINISTRATOR Karen Clontz  TOWN COUNCIL Clay Wilson, Mayor Pro-Tem Keith Warren Joe Norman Rebecca Johnson  CORPORATED 985  COUNCIL MEETING October 15, 2019 6:00 PM  Agenda Item #8B  PLANNER'S STAFF REPORT  PROPOSED PLANNING BOARD AND BOARD OF ADJUSTMENTS Background: Currently, Sawmills' has separate Board of Adjustments and Planning Boards. Planning Board consist of 5 members (3 in town limits and 2 representing the ETJ) and Board of Adjustments consist of 5 members and Council may appoint 2 alternate members. However, staff is having trouble finding people who would like to serve on one of the Boards. Currently we have 4 on the Planning Board and 4 on Board of Adjustments. The new draft language combines/enables the Planning Board to also serve as the Board of Adjustments. The current draft, states the Board will consist of 6 members (4 in town and 2 from ETJ to remain proportional) and 2 alternates. This will help trying to find people to serve on the board, as well as giving the new combined Board more duties for more frequent meetings. With having 8 people on both boards, staff has decided to have 6 full-time members instead of the current 5 for each board. The draft language also allows for 2 alternates to be appointed in case a regular member cannot attend a meeting. The alternates must just reside in either the corporate limits or within the ETJ. The highlighted text is all See attached proposed text, as amended, under Section 151.08 Compensation, Qualifications, Appointments, Terms, Vacancies, and Reappointments." and Section  COMBINATION ORDINANCE TEXT. AMENDMENT  the new addition.  153.205 "Establishment BoanlofAdhustments:  Summary of Changes:  Board Configuration- With having 8 people on both boards, Staff has decided to have 6 instead of the current 5 for each board. Out of the total 8 that have already committed to serve 6 are with in Town Limits and 2 are from the ETJ. The Board will consist six regular (6) members and two (2) alternate members. Out of the six (6) regular members, four (4) shall be residents of the town and shall be appointed by the Town Council and two (2) shall be residents of the extraterritorial jurisdiction (ETJ) and shall be appointed by the County Board of Commissioners. The alternates can reside within the town limits or the ETJ. Alternate members of the Planning Board shall be called on to attend only those meetings and hearings at which one or more regular members are absent or are unable to participate  in hearing a case because of financial or other interest.    Compensation - After the September Council meeting, council suggested that each member gets paid $25 per Planning Board/Board of Adjustment meeting attended. Members will Term Lengths - Initial terms of office shall be as follows: two (2) members appointed for a term of one (1) year; two (2) members and one (1) alternate appointed for terms of two (2) years; and two (2) members and one (1) alternate appointed for terms of three (3) years. Upon completion of the initial term of office for each member, all additional appointments to vacancies on the Board shall be for three (3) year terms. Below is all the members that have committed to serving and their recommended initial term appointment. Every member should be reappointed to keep terms consistently staggered. These recommended terms are  have the option to defer their payment.  based of when their current term expires.  Current Term Expiration Sep-2020 June-2019 Sep-2020 Sep-2019 July-2021 June-2019 June-2019 June- 2019  Name Steve Duncan Dino DiBernardi (ETJ) David Powell Kelley Price Adam Wilson (ETJ) Jack Keller Reed Lingerfelt Walter Moore(ETJ) Action Needed:  MOTION TO APPROVE because the proposed amendment is consistent with If approved Council must reappoint all members to their terms. For the ETJ representatives we need to have the County Board ofCommissioners appoint at  the Comprehensive Plan."  their nextmeeting.  Below is all the members that need to be appointed and their term length.  New Term Expiration  Term Length Oct-20 1year Oct-20 1year Oct-21 2y year Oct-21 2y year Oct-21 2 year Oct-22 3 Year Oct-22 3) Year Oct-22 3Year  Name Steve Duncan David Powell Adam Wilson (ETJ) Jack Keller Walter Moore(ETJ Alternate) Dino DiBernardi (ETJ) Kelley Price Reed Lingerfelt (Alternate)  Please feel free to contact me with any questions or concerns regarding this text amendment or  any other business at hunterastorempengorg or 828-485-4287.  4076 US Highway 321-A * Sawmills NC * (828)396-7903 *(828)396-8955 fax  htpwww.townotsawmils.com  The Town of Sawmills does not discriminate ont the basis of age, sex, race, religion, national origin, disability. political affiljation, ort maritals statts.    151.07  PLANNING BOARD, SPECIFIC AUTHORITY POWERS.  (A) The Planning Board shall seek to promote, enhance and preserve the character and general welfare (B) The Town Planning Board is authorized and empowered to undertake any action reasonably necessary to the discharge and conduct of its duties and responsibilities as outlined in this chapter  ofthe town.  and GS $160A-361, including and not limited to the following: (1) Make studies of the area within its jurisdiction and surrounding areas; (2) Determine objectives to be sought in the development of the study area; (3) Prepare and adopt plans for achieving these objectives;  (4) Development and recommend policies, ordinances, administrative procedures and other means (5) Advise the Council concerning the use and amendment of means for carrying out plans; (6) Exercise any function in the administration and enforcement ofv various means for carrying out  of carrying out plans in a coordinated and efficient manner;  plans that the Council may direct; and  (7) Perform any other related duties that the Council may direct.  (1991 Code, $91.07)(Ord., passed 11-22-1988)  $151.08  COMPOSITION, QULAIICATIONS, APPOINTMENIS, TERMS, VACANCIES  AND REAPPOINIMENIS.  (A)The Planning Board shall be composed of fivememberssix/6r regular members and two (2) alternate members and shall have proportional representation from within the corporate limits and the Extraterritorial Jurisdiction (ETJ). For the six (6)regular members,three four (4) shall be residents of the town and shall be appointed by the' Town Council and two_(2) shall be residents oft the extraterritorial. jurisdiction and shall be appointed by the County Board of Commissioners. The two (2) alternates must either reside within the corporate limits and the Extraterritorial Jurisdiction (ETJ).The alternate members shall be appointed in the same manner as regular members and at the regular times forappointment. The alternate member.while attending any regular or special meeting of the Board and serving in the absence ofany regular member,shall have and exercise all the powers and duties of such regular member sO absent. (AY(B) -Initial terms ofoffice shall be as follows: two (2)members appointed for a term ofone(D) year: two (2) members and one (I)alternate appointed for terms of two (2)years: and two (2) members and ane(Dalemateapsainted fort terms ofthree (3)years. Uponçompletion ofthei initial term ofoffice for each member. all additional appointments to vacancies on the Board shall be for three(3)year terms. Allmembersappointeteshe-Plammingeardshalsenee-forwe-yeartems:    (B)(C) A vacancy occurring in the membership of the Planning Board shall be filled for the unexpired term by the Town Council or County Board of Commissioners, as it appropriate. Any  member shall be eligible for reappointment.  (1991 Code, $91.08)(Ord., passed 11-22-1988; Ord. passed 6-4-1996)  $151.09  OFFICERS, COMMITTEES AND COMPENSATION.  (A) The Planning Board shall elect from its membership a Chairperson, Vice-Chairperson and Secretary. Thei term ofChairperson shall be for a period oft time as determined by the Planning Board, but inr no (B) The Planning Board may establish and the Chairperson shall appoint committees from its (C) All members regardless of their place of residence shall have equal rights, privileges and duties (D) Members of the Board shall eMiAawceRpsieehelweny-five dollars ($25) forevery Planning Board meeting attended. except that-Mmembers shall be reimbursed from funds appropriated by the town for necessary travel expenses outside the, planning area while engaged in  event shall the term for which the member is appointed to the Planning Board.  membership as the Board may from time to time deem best. regarding all matters coming before the Board.  the work ofthe Planning Board. (1991 Code, $91.09)(Ord., passed 11-22-1988)  $151.10  FISCALAFFAIRS.  (A) Appropriation of funds for the Planning Board for its work anywhere within the planning area shall be made annually and the budget ordinance in the town in amounts as the Town Council may from time to time deem best. Funds from any source may be appropriated to the Planning Board. Any disbursement of funds to the Planning Board shall be made in the same manner as any other funds of (B) The Planning Board may accept any gift, grants in aid or other funds made available to it by the federal, state, county or municipal government or from any other public or private source. All funds (C) The Planning Board shall not purchase any supplies, materials or equipment, enter into a new contract for service or incur any debt whatsoever unless funds for those purposes are available and have been  the town that are disbursed.  received by the Board shall be deposited with the Town Clerk.  appropriated for use by the Planning Board in accordance with this section.  (1991 Code, $91.10)(Ord., passed 11-22-1988)  $151.11  STAFF AND CONSULTANTS.  (A) The Planning Board may recommend to the Town Council the professional and clerical staff needed to perform the work oft the Planning Board. AlI staffauthorized for the Planning Board, either part- time or full-time employees, shall be appointed by the Town Council and shall be subject toi the same  rules and regulations as other employees oft the town.    (B) The Planning Board may, after due consideration, enter into contracts with planning consultants, engineers or other persons for planning services, provided all the requirements oft the above section  are complied with.  (1991 Code $91.11)(Ord., passed 11-22-1988)  $151.12  GENERAL PLANNING AUTHORITY.  The Planning Board shall have authority to make comprehensive studies oft the present and future needs of the planning area which includes the town and the one-mile extraterritorial jurisdiction. The studies may include but may be limited to studies oft the physical, social, economic and governmental  conditions with trends within the planning area for the purpose of preparing aj plan which will provide for the sound growth and orderly development of the planning area in a manner that will best promote the  health, safety, convenience, prosperity and general welfare ofits citizens.  (1991 Code, $91.12) $151.13  COORDINANTION OF PLANNING ACTIVITIES.  In the conduct of its studies and the preparation of its plans, the Planning Board shall have the duty to coordinate it planning activities with the planning activities of the counties, the municipalities and other  agencies, both public and private, which are located within the planning area.  (1991 Code $91.13)  BOARD OF ADJUSTMENT  $153.205  ESTABLISHMENT OF BOARD OF ADJUSTMENT.  (A)-A Board of Adjustment is hereby created. as povidedinds.SIGA3ES. Thel Planning Board shall function as the Board ofAdjustment as provided Inds.SIGA3-SaiBadahakemaisat frememkeieleappeiaiasyh-oCamireewwPEtwa-aia temms-ofofice-shal-kess-elbwa.emememberappoinediofomeyeF-we-membes Ppinsi-AremsxaFAwestwmaip-PaAtkrmwdFseyes-tpen mplaiomofileiuliahiemafeiearaahawhwatisaipenspmaasie on-the-Beari-shall-be-Rr-dhseyeariemma-he-membersoFle-BouneFAdstmemtsh-se eidéisefiheaN-ANyayalememha-#wsw he-same-maRRer-8S--imita-appinimemt-Memker-shal-sene-WihHEt-pay-but-may-be reimbwsetferanyewpeinsemeiwHerepestinge-ouardetAdpusime": -TeTemnéeumsiaidwipaiaamsemseemhoimen e-BeibafA4jpmew-iwwlaywdwwprnemle-THsalmee memhrormemhershalil-miiwd-wattergea imes-ferappeinmett-ThealersememberwHleatemingunyreguarorspeeialmetimgoHte Bearl-end-servingin-ieahwenseefanyreg-amemher-ahalhaveaméeweeiise-aHHhepowers  (B)  and-duties-efsuch-FregHaFmemNer-se-absent: Pr,(Ord-s13PA,passed2-19.2998)  (EXA)    $153.206  DECISIONS OF THE BOARD OF ADJUSTMENT.  (A) The concurring vote of five (5)fOuF 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 to decide in favor oft the applicant any matter upon which itisrequired 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 thereofto the parties, and shall decide the same within a reasonable time. The Board shall inform all parties involved of 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)  $153.207  PROCEEDINGS OF THE BOARD OF ADJUSTMENT.  The Board of Adjustment shall elect a chairman and vice-chairman from its members, each ofy whom shall serve for one year or until re-elected or until their successors are elected and qualify. This year shallrun from July Ito) June 30. The Board shall adopt rules and bylaws in accordance with the provisionsofthis chapter and G.S.Ch. 160A. Art. 19. Meetings ofthe Board shall be held at the call of the Chairman and at such other times as the Board may determine. Allr meetings oft the Board shall be open to the public. The secretary shall keep a record of all proceedings of meetings but shall not have a vote unless he ors she is  alsoaregular or alternate member of the Board.  $153.208  NOTICE OF HEARING.  Notice ofhearings conducted pursuant to this section shall be mailed to the person or entity whose appeal, application. or request is the subject oft the hearing; to the owner of the property that is the subject oft the hearing ifthe owner did not initiate the hearing: to the owners ofall parcels of land abutting the parcel of land that is the subject oft the hearing:andi to any other persons entitled to receive notice as provided by the Town of Sawmills Zoning Ordinance. In the absence of evidence to the contrary, the Town mayr rely on the county tax listing to determine owners of property entitled to mailed notice. The notice must be deposited in the mail at least 10 days. but not more than 25 days. prior to the date of the hearing. Within that same time period. the Town shall alsoprominently post a notice oft the hearing on the site thati is the  subject of the hearingor on an adjacent street or highwayr right-of-way  $153.209  DUTIES OF THE ZONING ENFORCEMENT OFFICER. BOARD OF ADISIMENI.COURI AND TOWN COUNCIL ON MATTERS OF APPEAL.  Itist the intention ofthis 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 Board of Adjustment only on appeal from the Zoning Enforcement Officer.and that from the decision ofthe Board of Adjustment reçourse shall be had to courtsas prescribed by law. Itis further the intention ofthis chapter that the duties of the Town Council in connection with the chapter shall not include the hearing and passing upon disputed question that may arise in connection with the enforcement thereof. The duties ofthe Town Council in connection with this chapter shall be only the duty of considering and  passing uponanvyproposed: amendments or repeal ofthis chapter.    $153.210  PROVISIONS OF ORDINANCE.  The Board of Adjustment hears and decides-special and conditional use permits. requests forv variances, and appeals of decisions ofadministrative officials charged with enforçement of the ordinance. Asused in this section, the term "decision" includes any final and bindingonder.rguiremen. or determination. The Board of Adjustment shall follow quasi-judicial procedureswhen deciding appeals and requests for yariances and special and conditional use permits. The Board shall hear and decide ail matters upon which itisrequired to pass under any statute or ordinance that regulates land use or development.  $153.211  APPEALS.  The Board of Adjustment may reverse or reaffirm. wholly or in part. or may modifyanyorder. requirements. decision or determination and to that end shall have the powers of the administrative official from whom the appeal is taken. The Board of Adjustment shall hear and decide appeals from decisions ofadministrative officials charged with enforcement of the zoning or other ordinance (as designated by Town Code)and may hear appeals arising out ofa any other ordinance that regulates land (A) Any person who has standing under G.S. 160A-393(d) or the Town may appeal a decision to the Board of Adjustment. An appeali ist taken by filing a notice ofappeal with the Town Clerk. The notice (B) The official who made the decision shall give written notice to the owner of the property that is the subject ofthe decision and to the party who sought the decision. if different from the owner. The written notice shall be delivered by personal delivery, electronic mail, or by first-class mail. (C) : The owner or other party shall have 30 days from receipt oft the written notice within whichtof file an appeal. Anyother person with standing to appeal shall have 30'd days from receipt from any source of (D) Itshall be conclusively presumed that all persons with standing to appeal have constructive notice of the decision from the date a sign containing the words "Zoning Decision" or "Subdivision Decision" inl letters at least six inches high and identifying the means to contact an official fori information about the decision is prominently posted on the property that is the subject of the decision, provided the signremains on the property for at least 10 days. Posting ofs signs is not the only form of constructive notice. Anysuch posting shall be the responsibility oft the landowner or applicant. Verification ofthe posting shall be provided to the official who made the decision. Absent an ordinance provision to the (E) The official who made the decision shall transmit to the Board all documents and exhibits constituting the record upon which the action appealed from is taken. The official shall also provide a copyofthe record to the appellant and to the owner oft the property that is the subject of the appeal ifthe appellant (F) Anappeal ofar notice of violation orotherenforcement orders stays enforcement of the action appealed from unless the official who made the decision certifies to the Board of Adjustment after notice of appeal has been filed that because of the facts stated in an affidavit. a stay would cause imminent peril to life or propertyor because the violation is transitoryi in nature,astay: would seriously interfere with enforcement of the ordinance. In that case. enforcement proceedings shall not be stayed except by a restraining order.whichi may be granted by a court. If enforcement proceedingsa are not stayed, the appellant may file with the official a request for an expedited hearing of the appeal, and the Board of Adjustment shall meet to hear the appeal within 15 days after such a request is filed. Notwithstanding the foregoing.appeals of decisions grantinga a permit or otherwise affirming thata  use or development. pursuant to all ofthe following:  ofappeal shall state the grounds for the appeal.  actual or constructive notice of the decision within which to file an appeal.  contrary, posting of signs shall not be required.  is not the owner.    proposed use of property is consistent with the ordinance shall not stay the further review of an application for permits or permissions to use such property; in these situations the appellant may. request and the Board may grant a stay ofa final decision of permit applications or building permits (G) Subject to the provisions of subdivision (F)oft this subsection. the Board of Adjustment shall hear (H) The official who made the decision shall be present at the hearing as a witness. The appellant shall not be limited at the hearing to matters stated in the notice ofappeal. Ifany party or the Town would be unduly prejudiced by the presentation of matters not presented in the notice of appeal. the Board shall continue the hearing, The Board of Adjustment may reverse or affirm, wholly or partly.ormay modify the decision appealed fromand shall make any order, requirement, decision, or determination that ought to be made. The Board shall have all the powers oft the official who made the decision. (I). Whenl hearingana appeal puruantto0S.160A-409loranycher, appeal int the nature of certiorari, the hearing shall be based on the record below and the scope of review shall be as provided in G.S. (J) The parties to an appeal that has been made under this subsection may agree to mediation or other forms ofalternative dispute resolution. The ordinance may set standards and procedures to facilitate  affected by the issue beingappealed. and decide the appeal within a reasonable time.  160A-393(k).  and manage such voluntaryalternative dispute resolution.  $153.212  CONDITIONAL USES.  (A) The Board of Adjustment has the authority to grant in particular cases and subject toappropriate çonditions and safeguards, permits for conditional uses under the various use districts. The Board of (1) Awritten application fora conditional use permit is submitted indicating the section ofthis (2) The Board of Adjustment finds that in the particular case, the use for which the Conditional Use Permit is sought will not adversely affect the 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 to property or public improvements in the neighborhood. In granting such a permit, the Board of Adjustment may designate such conditions in connection therewith as will conform to the requirements and spirit ofthis chapter.  Adjustment shall not grant a conditional use permit unless and until:  chapter under which the conditional use permit is sought:  (B) Compliance with other codes. Granting a Conditional Use Permit does not exempt the applicant from (C) Revocation. Ifat any time after a conditional 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 ofa Conditional Use Permit, the Permit shall be terminated and the operation ofsuch use discontinued. Ifa Conditional Use Permit is terminated for any reason, it may be reinstated onlyafter (1)In any case where a Conditional Use Permit has not been exercised within the time limit set by the Board of Adjustment. or within one year ifnos specific time limit has been set, (2) Exercised as set forth in 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:orthat prerequisite conditions involving substantial investment are contracted for. in substantial development, or completed (sewerage. drainage.and the like). When construction is not a part of the use, exercisedshall mean that the use isi inoperation in compliance with the conditionsseti forth  complying with all ofthe requirements ofbuilding codes or other ordinances.  apublic hearing is held. (D) Expiration.  then without further action the permit shall be null and void.  inthe permit.    (E) Careful record. A careful record of such application and plat, together with a record of the action (F) 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 a part of the terms under which the variance is granted, shall be deemeda violation ofthis chapter and punishable under Section 153.999 oft the Code of Ordinances.  taken thereon, shall be kept in the office oft the zoning enforcement officer.    $153.213  VARIANCES.  When.unnecessary hardships would result from carrying out the strict letter ofaz zoning ordinance,the Board of Adjustment shail varyany oft the provisions of the ordinançe upon a showing of all ofthe (A) Unnecessary hardship would result from the strict application of the ordinance. It shall not be necessary to demonstrate that, in the absence oft the variance. no reasonable use can be made oft the (B) The hardship results from conditions that are peculiar to the property, such as location, size,or topography. Hardships resulting from personal circumstances. aswell as hardships resulting from conditions that are çommon to the neighborhood or the general public. may not be the basis for (C) The hardship did not result from actions taken by the applicant or the property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting ofa (D) The requested variance is consistent with the spirit, purpose, and intent of the ordinance. such that No change in permitted uses may be authorized by variance. Appropriate conditions may be imposedon anyvariance. provided that the conditions are reasonably related to the variance. Any other ordinance that regulates land use or development mayprovide for variances consistent with the provisions ofthis  following:  property.  granting a variance.  variance shall not be regarded as a self-created hardship. publics safetyiss secured.and substantial justice is achieved.  subsection. $153.214  VOTING.  (A) The concurring vote of four-fifths oft the Board of Adjustment shall be necessary to grant a Variance. Amajority of the members shall be required to decide any other quasi-judicial matter or to determine anappeal made in the nature ofcertiorari. For the purposes ofthiss subsection.vacant positions on the Board and members who are disqualified from voting on a quasi-judicial matter shall not be considered members of the Board for calculation of the requisite majority if there are no qualified (B) A member of any Board exercising quasi-judicial functions pursuant to this Article shall not participate in or vote on anyo quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissibles 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 ofthe matter. Ifan objection is raised to a member's participation and that member does not recuse himself or  alternates available to take the place of such members.  herself the remaining members shall by majorityvote rule on the objection.    (C) Conduct ofMeetings. The order of business at regular meetings. unless otherwise approved by the  Board, shall generally be as follows:  (i)  Determination of Quorum (ii) Approval ofMinuteso of Previous Meetings (i) Swearing in ofTown Staff (iv) Hearing of Cases (Swear in Hearing Participants) a) Old Business b) New Business (v) BoarSmf/Discussion (vii) Adjournment  (vi) Decision on Matters before Board of Continuance  (D) Format oft the Public Hearing,  (i) The Chair will read the case from the agenda.  (ii) The Code Enforcement Officer will explain the facts of the matter to1 the  Board and, where appropriate, present graphic displays for the purpose of acquainting the Board  with the action beingrequested.  (iii) The proponents will present sworn or affirmed evidence. (iv) The opponents will present sworn or affirmed evidence. (v) The Chair shall permit rebuttal and cross-examination, (vi) The Board mayask questions oft the proponents and opponents.  (vii) The Board will render its decision.  (E) Continuance. The Board may continue the public hearing or delay voting on anymatter toa (F) Regulation of Speaker's Time. Witnesses giving testimony shall be allowed to speak five(5) minutes. Each side shall be allowed a total ofrwenty/20)minutes to present evidence. Ifthere is only one speaker.such speaker may be allowed the full twenty (20)minutes. The Board. in its discretion, may  subsequent meeting upon showing of good cause.  modify thisrule.  $153.215  OUASIJUDICIAL DECISIONS ANDJUDICIAL REVIEW.  (A) The Board shall determine contested facts and make its decision within a reasonable competent, material, and substantial evidence in the record. Each quasi-judicial decision shall be reduced to writing and reflect the Board's determination of contested facts andi theirs application to the applicable standards. The written decision shall be signed by the chair or other duly authorized member of the Board. A quasi-judicial decision is effective upon filing the written decision with the Clerk to the Board or such other office or official as the ordinance specifies. The decision of the Board shall be delivered by personal delivery, electronic mail.orby first-class-mail to the applicant, property owner, and to any person who has submitted a written request for a copy prior to the date the decision becomes effective. The person required to provide notice shall certify that proper notice  time.  Every  quasi-judicial  decision  shall  be  based  upon  has been made.    (B) Everyquasi-ludicial decision shall be subject to review by the superior court by proceedings in the nature of certiorari pursuant to G.S. 160A-393.A petition for review shall be filed with the Clerk of Superior Court by the later of30 days after the decision is effective or after a written copy thereofis given inaccordance with subdivision (I)of this subsection. When first-class mail is used to deliver  notice. three days shall be added to the time to file the petition.  $153.216  OATHS.  The Chairoft the Board or any Member acting as Chair and the Clerk to the Board. as well as anyother official authorized under North Carolina law. are authorized to administer oaths to witnesses ina anymatter coming before the Board.Any person who. while under oath duringap proceeding before the Board of  Adjustment, willfullyswearsi falsely is guilty ofa Class 1r misdemeanor.  $153.217  SUBPEONAS.  The Board of Adjustment through the Chair.ori in the Chair's absence anyone acting as Chair.may subpoena witnessesand compels the production ofevidence. To request issuance ofas subpoena, persons withs standing under G.S. 160A-393(d) may make a written request to the chair explaining why itis necessary for certain witnesses or evidence to be compelled. The Chair shall issue requested subpoenas he or she determines to be relevant, reasonable in nature and scope, and not oppressive. The Chair shall rule on any motion to quash or modifya subpoena. Decisions regarding subpoenas made by the Chairmay be appealed to the full Board of Adjustment. Ifa person fails or refuses to obeyas subpoena issued pursuant to this subsection, the Board of Adjustment or the party seeking the subpoena may applyto the General Court of Justice for an order requiring that its subpoena be obeyed, and the Court shall have jurisdiction -Banefh-mawshatt-wtwawaNkusashefwam.a MereRureraNirewwmtrawwwwh.er-iwe ow-w-He-w-A-TAeRaalsnwwy-w-ewePMSaNANs apirmids-CA-ArA-AM-ePafN-Hatawweeaefh-aimaana sueh-ethertimesasth-Bwnénwydsmine-Peshaimanerinhiserherahamsethe-ige-Chaman: mayaiainiseralsankededwlesypew-Alimsingofk: BankawthepemesepaewwyligPrnesagsefting-ta. methave-a-vote-ulelnlessheershe-seisasereguarerePaermate-memberefthe-Beard:  toissue these ordersa afternoticei to all proper parties.  Ord-430G,passed2-19-2008)  $153.208  APPEAES,HEARINGSANDNOTCE:  AmepaHewsledeisonegtnesCN-.iaaew fesedlysmehdeisioe-e-BaudofAdrme-Sachapeesaeaiewah#5daysWy-ing withikeZemingmferemse:OliseraméwayeFeFle-aunsefA4yteNtamecetappea asibagiegwdreewairwwA-EoAsanAN  paperseenstiuting-thesenfupemwHchtheastiemappeaaedfFem-wEs-ake#:  M4BAPApP3  $153.209  STAKOFPROCEEDINGS  Aappwlsysinaikppeaa-wwwsdaais EnfersementOliersersetFkeeawea-as-hashen-iew#Nn rherhet-by-reseneffavHadisle-ertifeweasywouHieNFethrepPmnen,-AReiMRiReN perikelfeamépoperyleseheweemg-wnsle-spéeleienlyerestmagende    Whe-may-begrantedby-te-BoarteFAdPsimeEeEb/BeeueFresOrd,epeepprepniate-appheatien;  oP-elice-te-the-Zenimglmfersementetfiserandendaer-deeAuse-shewn:  (Ord-130E,passed2-19-2008)  $153.210-  DECISION-OPHEBOARDOFADEUSIMENI:  e-Beare-eF-AdeMi-eF--Part-eFmy-mediy-any-ere: requrements,deeisiRerdeermnateanéethatenaNaveHhepewerseFneatmintrativeetea  FO-AeRH-tAe-aPpeal-s-aken: (Ord-30Fypessed2-19-20987  $153-211  DUTIES-OF-HE-ZONING-ENFORCEMENT-CFHICER-BOARD-OF  ADUSTMENT,COURES-AND-TOWN-COUNCILONMATFERS-OFAPPEAL.  Sthe-ntentiOneFASeMPePtHaAuesHeNSAFSREHRSMREPRAEPRPENPPeNente/tms-hapie: Aa-be-presentec-CPRe-ZeMimgEaferementePierane-MEsHegHeA-HeSHeNS-AePpresented-e-tie BeardefAdsstmemtennapse-fom-eZamtingEMenemenPKeRRe-delioRe e-Beare-et-AdpustabehaP-eHES8EPrEseRbRyAw-SuPReFtRe-REeRtOR-OH hisehapierthatthedatieseFe-TewCPwneiiReenseetion-ithhechaptershalRetetnehde-the-earing amépesinguper-dispwseRaseAesiéReeN:hedHies fthe-TeA-CeuneHIRePAReeHe-wi#htsehaplershalbeemlythedwyefeemsiteringend-passagupe#  nyprepeset-amendmemtseFrepealeFtsenapter: (OR-9130b,passed-2-19-20087  $153.212  POWERS-AND-DDUPIESOFTHEBOARDOFADUSTMENT,  To-MeF-and-decidecite-appeas-WRe-dege-ther#-aRy-erdef-FegHememmek-deeision-or determimaten-medebytaeZomingintorememtOfiserinthemborementefthsehapiet: CemalHoma-ssrcPoMgPeiEpPa-egmutiPeastisarssaniaeAPpePrNe emditiems-ant-safeguentr-pemi-arsenrwmler-RearisurRe-daie,-te-Beasd-a A-WF#tem-appHeatieNtRPRemaIsepe#HtsHemésainsthe-seeHeeFNs-ehapierumder Ageasi-eéiviatpuble-eiNgie-AeNtiseeflhepahichehsuiag-ahegheReRSEee-FBFe sensecwive-caiendar-waiienewpPerha-ngmemkdineuainuaoiree--Phemoicehal-le Pwblisheerhe-fistimmensissimte.dyAemaweamASeAs4yhefvetiedaefNetertasherig 65-160.4-Ayrii.ayiwyeTowde-AH preperty-ownerswithipePey-ingeso.alnsFiReFrAagby-fistelas Fhe-BeardefAdesmeind-wtiniePenicuirae,husearwAsHe-semditiomahtsepe:ts seughtwllmetadrerel-#rehealhersatyafpemeseingerweinginthe-seighberhoser he-prepesed-tse,-ARe-WH-mee-de-GEPRERHC-e-PHeHe-Weee-GF-.ReN-e-Prepetty-or-PHbHe mprevemeS-#ReRegABeFN9-ImgreRtiRgwehePehepet,teBearteFAdpstmentmemay-desigmatesueh CORdtIORS-IR-COHRetieM-terew#H8WiconformetheregurememtsandspiteFthis-chapter. 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PHbHenearing-any-my4PPeNFpeBeROFSYttemey  have-been-metfera-varianee:    Fimainge-pee--Phe-SamkafAesimem-ht-mae-in-e-mse-in-e Ppieatomuilfy-tiegmangeFRevaranePAReN-wmaePesNepessiblethe-resemabe Fmdmg-eMMPOPMPOMPe-FHe-BoarteRENHa-PeheF-make--ndig-haFte-gramting-eF-te VEienee-WIe--armeNy-#Hegenema-pwpese-anRERteFHSehapte,Antwime-yeFeHste COM#ORS-AHaehEI-grenting-eny-varanee,e-Beart-dF-Adpusime#-mBY-PeSeribe-apprepmate cemditiomsandsafeguarsinenmiyalasiorefsahomiaiomsamdsafeguards Mhen-made-a-part-ene-erms-tmder-wAeRe-varianee-sgrae,sAa-se-demetaR-ViPlatR-FHS PPOhMPON-Under-e-dreumstanes-smalne-Beanteark-eFA4psiReRtgsnte-varancelo-0-#HeW-8-ESe-ReE PeFRISSibe-undertNeemseFsehaperiheditietnvekederany-useexpesyo-erby-mplieatien  -e-e  the-meighberheed,erotherwisedetmemtaHe-thepube-welfare:  haperanépunshabletmeer315-34  pPrehibied-bythe-tenseFtsehapierin-the-distiet:    AGENDA ITEM9A  MEMO DATE: SUBJECT:  October 15,2019  Appointment ofNew Town  Manager  Discussion: Manager.  Upon approval of the Town Manager's contract, Council will vote to approve the new Town    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  October 15,2019 Town Manager Contract  Discussion:  Attached with this memo is a contract for approval to hire a new Town Manager for the Towno of Sawmills. The effective hire date will be 11/21/2019, or as soon thereafter as he is able to report  for duty.    50 YEARS  1880: Second. Avenue NWI Hickory, NC 28601 PO Box 9026Hickory, NC 28603 828.322.9191/Fax:8283225991/www.wpcogorg  Western Piedmont Council of Governments Creative Regional Solutions Since: 1968  AGENDA ITEM9C  Memorandum Date: October 4, 2019 To: Mayor and Town Council Copy: Town Clerk Subject: Phase II Stormwater Ordinance  From: Alison. Adams, MSL, Director of Community and Regional Planning  Mayor and Town Council,  This memo is to provide an overview of the proposed Phase I Stormwater Code. In order to enforce the Stormwater NPDES permit, the Town is required to adopt a stormwater and Illicit discharge ordinance. The purpose oft the code ist to comply with NC General Statute requirements. The adoptionoftheproposed The next steps set forth are to establish a public hearing date, hold the public hearing and adopt the  changes will enhance the overall protection ofs stormwater.  proposed Code.  Accomplishments/Progression:  Since contracting with the. WPCOG, a draft of the required Stormwater Management Plan (SWMP) has been submitted to the State and we are awaiting the State's feedback. Once an acceptable SWMP and NPDES permit are granted by the State, the Town is required to adopt a Stormwater Ordinance. In order to have the ordinance in place when the permit is granted, we are requesting for the Council to set a We are very excited about this opportunity to serve you. Should you have any questions or concerns please do not hesitate to contactme. Icanbereachedat704.682.2681 talleasonadmehssant  public hearing date of November: 19, 2019 and adopt the proposed ordinance.  Sincerely,  Alison Adams, MSSL  Western Piedmont Council of Governments Director of Community and Regional Planning Mailing: P.O. Box 9026 I Hickory, NC 28603 Location: 1880 2nd Avenue NW Hickory, NC28601  Executive Committee: Barbara C. Pennell, Chair Bob Floyd, Jr, Vice Chalr Jill Patton, Secretary! Johnny Berry, Treasurer George B. Holleman, Past Chair At-Large Members: Wayne F. Abele, Sr. I Kitty W. Barnes I John F. "Chip" Black I Bob Smyre Executive Director, Anthony W.Starr Serving: Alexander County Taylorsville |Burke Countyl ConnellySprings) Drexel! Glen Alpinel Hildebran Morganton Rutherford College |Valdese Caldwell Countyl Cajah's Mountain Cedar Rock Gamewell Granite Falls] Hudson [Lenoir Rnodhiss Sawmills Catawba Countyl Brookford!  Catawba/Claremont! Conover; Hiccory/Long View]N Maiden! Newton    TOWN OF SAWMILLS NORTH CAROLINA Phase II Stormwater Ordinance  1    Phase II Stormwater Ordinance SECTION 1: GENERALPROVISIONS 101 Title 102 Authority 103 Findings 104 Purpose 105 Applicability and Jurisdiction 106 Interpretation 107 Design Manual 109 Severability  108 Relationship to OtherLaws, Regulations and Private Agteements  110 Effective Date and Transitional Provisions SECTION 2: ADMINISTRATION AND PROCEDURES 201 Review and Decision-Making Entities 202 Review Procedures 203 Applications for. Approval 204 Approvals 205 Appeals SECTION 3: STANDARDS 301 General Standards  302 Development Standards forl Low-Density Projects 303 Development standards for High-Density Projects 304 Standards for Stormwater Control Measures 305 Dedication of BMPS, Facilities & Improvements 307 Additional standards for special situations 401 General Standards for Maintenance 402 Operation and Maintenance Agteement 403 Inspection Program 404 Performance Security for Installation and Maintenance 405 Notice to owners 406 Records ofInstallation and Maintenance Activities 407 Nuisance 408 Maintenance Easement SECTION 5: ENFORCEMENT AND VIOLATIONS 501 General 502 Remedies and Penalties 503 Procedures SECTION 6: DEFINITIONS 601 Terms Defined SECTION 7: LICIT DISCHARGES 701 Title. And Purpose 702 Authority  306 Variances 308 Onsite wastewater SECTION 4: MAINTENANCE  2    703 Definitions 706 Enforcement  704 Illicit Discharges And Connections  705 Right Of] Entry/Powers And Authority For Inspection  3    SECTION1 1: GENERAL PROVISIONS  101 TITLE  This ordinance shall be officially known as "The Phase II Stormwater Ordinance."Itis  referred to herein as "this ordinance."  102 AUTHORITY  The Town of Sawmills is authorized to adopt this ordinance pursuant to North Carolina law, including but not. limited to. Article 14, Section 5 of the Constitution of North Carolina; Town of Sawmills; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160A,  SS174,185. 103 FINDINGS  Itis hereby determined that:  Development and redevelopment alter the hydrologic response of local watersheds and increase stormwater runoff rates and volumes, flooding, soil erosion, stream channel erosion, nonpoint and point source pollution, and sediment transport and deposition, as well as These changes in stormwater runoff contribute to increased quantities of water-borne pollutants and alterations in hydrology that are harmful to public health and safety as well as These effects can be managed and minimized by applying proper design and well-planned Further, the Federal Water Pollution Control Act of1972 ("Clean Water Act") and federal Phase II Stormwater Rules promulgated under it, as well as rules of the North Carolina Environmental Management Commission promulgated in response to federal Phase II requirements, compel certain urbanized areas, including this jurisdiction, to adopt minimum Therefore, the Town of Sawmills establishes this set of water quality and quantity regulations tor meet the requirements of state and federal law regarding control of stormwater: runoff and  reducing groundwater recharge; to the natural environment; and  controls to manage stormwater runoff from development sites.  stormwater controls such as those included in this ordinance.  discharge. 104 PURPOSE  (A) General  The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum requirements and procedures to control the adverse effects ofincreased post-development stormwater runoff and nonpoint and point source pollution associated with new development and redevelopment [as well as illicit discharges into municipal stormwater systems). It has been determined that proper management of construction-related and post- development stormwater runoff will minimize damage to public and private property  4    and infrastructure; safeguard the public health, safety, and general welfare; and  protect water and aquatic resources.  (B) Specific  This ordinance seeks to meet its general purpose through the following specific 1. Establishing decision-making processes for development that protect the integrity of watersheds and preserve the health of water resources; 2. Requiring that new development and redevelopment maintain the pre-development hydrologic response in their post-dvelopment state as nearly as practicable for the applicable design storm to: reduce flooding, streambank erosion, nonpoint and point source pollution and increases in stream temperature, and to maintain the 3.1 Establishing minimum post-development stormwater management standards and design criteria for the regulation and control of stormwater runoff quantity 4. Establishing design and review criteria for the construction, function, and use of. structural. stormwater BMPS that may be used to meet the minimum post- 5.1 Encouraging the use ofbetter management and site design practices, such as the use of vegetated conveyances for stormwater and the preservation of greenspace, riparian buffers and other conservation ateas to the maximum 6.1 Establishing provisions for the long-term responsibility for and maintenance of structural and nonstructural. stormater. BMPS to ensure that they continue to function as designed, are maintained appropriately, and pose no threat to public 7.1 Establishing administrative procedures for the submission, review, approval and disapptoval of stormwater management plans, for the inspection of approved projects, and to assure appropriate long-term maintenance. 8. Coordinating site design plans that include open space and natural areas with 9.C Controlling illicit discharges into the municipal separate stormwater system.  objectives and means:  integrity ofs stream channels and aquatic habitats;  and quality;  development stormwater management standards;  extent practicable;  safety;  the' Town of Sawmills,  105 APPLICABILITY AND JURISDICTION  (A) General  Beginning with and subsequent to its effective date, this ordinance shall be applicable to all development and redevelopment, including, but not limited to, site plan  5    applications, subdivision applications, and grading applications, unless exempt  pursuant to Subsection (B) of this Section, Exemptions.  (B) Exemptions  Development that cumulatively disturbs less than one acre and does not exceed 20,000 square feet or impervious area and does not include disturbances within a stream buffer, filling or excavation in excess of1,000 cubic yards or filling and excavation that would. impact an adjoining parcel through alteration or drainage paths, ponding or water Of velocity of stormwater flow is not part ofa larger common plan of development or sale is exempt from the provisions of this ordinance. Redevelopment that cumulatively disturbs less than one acre and does not havea net increase in impervious area and is not part ofal larger common plan of develapment or Development and redevelopment that disturb less than one acre are not exempt if such activities are part ofa larger common plan of development or sale, even though multiple, separate or distinct activities take place at different times on different schedules. Activities that are exempt from permit requirements of Section 404 of the federal Clean Water. Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this ordinance. (C) No Development or Redevelopment Until Compliance and Permit  salei is exempt from the provisions oft this ordinance.  No development or redevelopment shall occur except. in compliance with the provisions of this ordinance or unless exempted. No development for which aj permit is required pursuant to this ordinance shall occur except in compliance with the provisions,  conditions, and limitations of the permit.  (D) Map  The provisions of this ordinance shall apply within the areas designated on the map titled "Phasel II Stormwater Map of'Town of Sawmills, North Carolina" ("the Stormwater Map"), which is adopted simultaneously herewith. The Stormwater Map and all explanatory matter contained thereon accompanies and is hereby made a part The Stormwater Map shall be kept on file by the Stormwater Administrator and shall be updated to take into account changes in the land area covered by this ordinance and the geographic location of all. struchral. BMPs permitted under this ordinance. In the event ofa dispute, the applicability of this ordinance toa particular area ofl land or BMP shall be determined by reference to the North Carolina Statutes, the North Carolina Administrative Code, and local zoning and  oft this ordinance.  jurisdictional boundary ordinances.  106 INTERPRETATION  (A) Meaning and Intent  All provisions, terms, phrases, and expressions contained in this ordinance shall be construed according to the general and specific purposes set forth in Section 104,  6    Purpose. Ifa different or more specific meaning is given for a term defined elsewhere in' Town of Sawmills Codeo ofOrdinances, the meaning and application of the term in this ordinance shall control for purposes of application of this  ordinance.  (B) Text Controls in Event of Conflict  In the event ofa conflict or inconsistency between the text oft this ordinance and any heading, caption, figure, illustration, table, Or map, the text shall control.  (C) Authority for Interpretation  The Stormwater Administrator has authority to determine the interpretation of this ordinance. Any person may request an interpretation by submitting a written request tot the Stormwater. Administrator, who shall respond in writing within 30 days. The Stormwater Administrator shall keep on file a record of all written interpretations of  this ordinance.  (D) References to Statutes, Regulations, and Documents  Whenever reference is made to a resolution, ordinance, statute, regulation, manual (including the Design Manua), or document, it shall be construed as a reference to the most recent edition of such that has been finalized and published with due provision for notice and comment, unless otherwise specifically stated.  (E) Computation of Time  The time in which an act is to be done shall be computed by excluding the first day and including the last day. Ifa deadline or required date of action falls on a Saturday, Sunday, or holiday observed by the Town of Sawmills, the deadline or required date ofa action shall be the next day that is not a Saturday, Sunday or holiday observed by the' Towh of Sawmills. References to days are calendar days unless otherwise stated. Any act authorized by this Ordinance to be carried out by the Stormwater Administrator of'Town of Sawmilis may be carried out by his or her designee.  (F) Delegation of Authority  (G) Usage  (1) Mandatory and Discretionary Terms  The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may"  and "should" are permissive in nature.  (2) Conjunctions  Unless the context clearly indicates the contrary, conjunctions shall be interpreted as follows: The word "and" indicates that all connected items,  7    conditions, provisions and events apply. The word "or" indicates that one or more oft the connected items, conditions, provisions or events apply.  (3) Tense, Plurals, and Gender  Words used in the present tense: include the future tense. Words used: in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used. in the masculine gender include the feminine gender,  and vice versa.  (H) Measurement and Computation  Lot area refers to the amount ofhorizontal land area contained inside the lot lines  ofal lot or site.  107 DESIGN MANUAL  (A) Reference to Design Manual  The Stormwater Administrator shall use the policy, criteria, and information, including technical specifications and standards, in the Design Manuala as the basis for decisions about stormwater permits and about the design, implementation and performance of structural and non-siructwra!. stormwater BMPS. The Design Manuali includes al list of acceptable stormwater treatment practices, including specific design criteria for each stormwater practice. Stormwater treatment practices that are designed, constructed, and maintained in accordance with these design and sizing criteria will be presumed to meet the minimum water quality  performance standards of the Phase II laws.  (B) Relationship ofDesign Manual to Other Laws and Regulations  If the specifications or guidelines of the. Derign. Manual are more restrictive or apply a higher standard than other laws or regulations, that fact shall not prevent application  oft the specifications or guidelines in the Design Manual.  (C) Changes to Standards and Specifications  If the standards, specifications, guidelines, policies, criteria, or other information in the Design Manual are amended subsequent to the submittal of an application for approval pursuant to this ordinance but prior to approval, the new information shall control and shall be utilized in reviewing the application and in implementing this  ordinance with regard to the application.  108 RELATIONSHIP TO OTHER LAWS, REGULATIONS AND PRIVATE  AGREEMENTS  (A) ConflictofLaws  This ordinance is not intended to modify or repeal any other ordinance, rule, regulation Or other provision ofl law. The requirements of this ordinance are: in addition to the requirements of any other ordinance, rule, regulation Or other  8    provision oflaw. Where any provision of this ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other provision ofl law, whichever provision is more. restrictive or imposes higher protective standards for human or environmental health, safety, and welfare shall  control. (B) Private Agreements  This ordinance is not intended to revoke Of repeal any easement, covenant, or other private agreement. However, where the regulations of this ordinance are more restrictive or impose higher standards or requirements than such an easement, covenant, or other private agreement, the requirements of this ordinance shall govern. Nothing in this ordinance shall modify or repeal any private covenant or deed: restriction, but such covenant or restriction shall not legitimize any failure to comply with this ordinance. In no case shall Town of Sawmills be obligated to enforce the provisions ofany easements, covenants, or agreements between private  parties.  109 SEVERABILITY  Ift the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be adjudged invalid by a court of competent jurisdiction, such judgment shall notaffect or invalidate the remainder of any section, subsection, paragraph, subdivision or  clause of this ordinance. (A) Effective Date  110 EFFECTIVE DATE AND TRANSITIONAL PROVISIONS  This Ordinance shall take effect on November 19, 2019.  (B) Final Approvals, Complete Applications  All development and redevelopment projects for which complete and full applications were submitted and approved by the' Town of Sawmills prior to the effective date of this ordinance and which remain valid, unexpired, unrevoked and not otherwise terminated at the time of development or redevelopment shall be exempt from complying with all provisions of this ordinance dealing with the control and/or managementof post-construction: runoff, but shall be required to comply with all other applicable provisions, including but not limited to illicit discharge provisions. Aj phased development plan shall be deemed approved prior to the effective date of this ordinance ifitl has been approved by all necessary government units, it remains valid, unexpired, unrevoked and not otherwise terminated, and its shows: 1. For the initial or first phase of development, the type and intensity of use fora specific parcel or parcels, including at a minimum, the boundaries of the project and 2. For any subsequent phase of development, sufficient detail so that implementation of the requirements of this ordinance to that phase of development would. require a material change in that phase of the plan.  asubdivision plan that has been approved.  9    (C) Violations Continue  Any violation of provisions existing on the effective date of this ordinance shall continue to be a violation under this ordinance and be subject to penalties and enforcement under this ordinance unless the use, development, construction, or other  activity complies with the provisions of this ordinance.  10    SECTION 2: ADMINISTRATIONAND PROCEDURES 201 REVIEW AND DECISION-MAKING ENTITIES  (A) Stormwater Administrator (1) Designation  A Stormwater. Administrator shall be designated by the Board of Alderman to  administer and enforce this ordinance.  (2) Powers and Duties  In addition to the powers and duties that may be conferred by other provisions oft the Town Code of Ordinances and other laws, the Stormwater Administrator shall have the following powers and duties under this ordinance: a. To review and approve, approve with conditions, or disapprove applications for approval of plans pursuant to this ordinance. b. Tor make determinations and render interpretations of this ordinance. Toe establish application requirements and schedules for submittal and review of applications and appeals, to review and make recommendations to the Board of Alderman on applications for development or redevelopment approvals. d. To enforce the provisions of this ordinance in accordance with its enforcement provisions. Ton maintain records, maps, forms and other official materials as relate tot the adoption, amendment, enforcement, and administration ofthis Top provide expertise and technical assistance to the Board of To designate appropriate other person(s) who shall carry out the powers and duties of the Stormwater. Administrator. h. Toi take any other action necessary to administer the provisions of this  ordinance.  Alderman, upon request.  ordinance.  202 REVIEW PROCEDURES  (A) Permit Required; Must. Apply for Permit  A stormwater permit is required for all development and redevelapment unless exempt pursuant to this ordinance. A permit may only be issued subsequent to a properly submitted and reviewed permit application, pursuant to this section.  11    (B) Effect of Permit  As stormwater permit shall govern the design, installation, and construction of stormwater management and control practices on the site, including shructural. BMPS and elements of site design for stormwater management other than structural BMP. The permit is intended to provide a mechanism for the review, approval, and inspection of the approach to be used for the management and control of stormwater for the development or rdevelopment site consistent with the requirements oft this ordinance, whether the approach consists of. shructural. BMPS or other techniques such as low-impact or low-density design. The permit does not continue in existence indefinitely after the completion oft the project; rather, compliance after project construction is assured by the maintenance provisions oft this ordinance.  (C) Authority to File Applications  All applications required pursuant to this Code shall be submitted to the Stormwater Administrator by the land owner or the land ommer's duly authorized agent. (D) Establishment of Application Requirements, Schedule, and Fees  (1) Application Contents and Form  The Stormwater Administrator Stormwater. Advisory Board] shall establish requirements for the content and form of all applications and shall amend and update those requirements from time to time. Atai minimum, the stormwater permit application shall describe in detail how post-development stormwater runoff will be controlled and managed, the design of all stormwater facilities and practices, and how the proposed project will meet the requirements oft this  ordinance. (2) Submission Schedule  The Stormwater Administrator shall establish a submission schedule for applications. The schedule shall establish deadlines by which complete applications must be submitted for the purpose of ensuring-that there is adequate time to review applications; and that the various stages in the review  process are accommodated. (3) Permit Review Fees  The Board of Alderman shall establish permit review fees, as well as, policies regarding refund of any fees upon withdrawal of an application, and may amend  and update the fees and policies from time to time.  (4) Administrative Manual  For applications required under this Code, the Stormwater Administrator shall compile the application requirements, submission schedule, fee schedule, a copy of this ordinance, and information on how and where to obtain the Design  12    Manual in an Administrative Manual, which shall be made available to the  public.  (E) Submittal of Complete Application  Applications shall be submitted to the Stormwater Administrator pursuant to the application submittal schedule in the form established by the Stormwater Administrator, along with the appropriate fee established pursuant to this section. An application shall be considered as timely submitted only when it contains all elements ofa complete application pursuant to this ordinance, along with the appropriate fee. If the Stormwater Administrator finds that an application is incomplete, the applicant shall be notified of the deficient elements and shall be provided with an opportunity to submit a complete application. However, the submittal of an incomplete application shall not suffice to meet a deadline contained  in the submission schedule established above.  (F) Review  Within 30 working days aftera complete application is submitted, the Stormwater Administrator shall review the application and determine whether the application  complies with the standards of this ordinance.  (1) Approval  Ift the Stormwater Administrator finds that the application complies with the standards of this ordinance, the Stormwater Administrator shall approve the application. The Stormwater. Administrator may impose conditions of approval as needed to ensure compliance with this ordinance. The conditions shall be  included as part of the approval. (2) Fails to Comply  Ift the Stormwater Administrator finds that the application fails to comply with the standards oft this ordinance, the Stormwater Administrator shall notify the applicant and shall indicate how the application fails to comply. The applicant shall have an opportunity to submit a revised application.  (3) Revision and Subsequent Review  A complete revised application shall be reviewed by the Stormwater Administrator within 15 working days after its re-submittal and shall be approved, approved with conditions or disapproved. Ifat revised application is not re-submitted within thirty (30) calendar days from the date the applicant was notified, the application shall be considered withdrawn, and a new submittal for the same or substantially the same project shall be requited along with the appropriate fee for a new submittal. One re-submittal ofai revised application may be submitted without payment of an additional permit review fee. Any re-submittal after the first re-submittal  13    shall be accompanied by a permit review fee additional fee, as established  pursuant to this ordinance.  203 APPLICATIONS FOR. APPROVAL  (A) Concept Plan and Consultation Meeting  Before a stormwater management permit application is deemed complete, the Stormwater Administrator Or developer may request a consultation on a concept plan for the post-construction stormwater management system to be utilized in the proposed development project. This consultation meeting should take place at the time ofthe preliminary plan of subdivision or other early step in the development process. The purpose of this meeting is to discuss the post-construction stormwater management measures necessary for the proposed project, as well as to discuss and assess constraints, opportunities and potential approaches to stormwater management designs before formal site design engineering is commenced. Local watershed plans and other relevant resource protection plans should be consulted in To accomplish this goal, the following information should be included in the concept plan, which should be submitted in advance oft the meeting: (1) Existing Conditions / Proposed Site Plans  the discussion of the concept plan.  Existing conditions and proposed site layout sketch plans, which illustrate ata minimum: existing and proposed topogrphy:perennial. and: intermittent streams; mapping of predominant soils from soil surveys (ifavailable); boundaries of existing predominant vegetation; proposed limits of clearing and grading; and location of existing and proposed. roads, buildings, parking areas  and other impervious surfaces. (2) Natural Resources Inventory  A written or graphic inventory of natural resources at the site and surrounding area as it exists prior to the commencement of the project. This description should include a discussion ofs soil conditions, forest cover, geologic features, topography, wetlands, and native vegetative areas on the site, as well as the location and boundaries of other natural feature protection and conservation areas such as lakes, ponds, floodplains, stream buffers and other setbacks (e.g., drinking water well setbacks, septic setbacks, etc.). Particular attention should be paid to environmentally sensitive features that provide particular opportunities or constraints for development and stormwater management. (3) Stormwater Management System Concept Plan  A written or graphic concept plan of the proposed post-development stormwater management system including: preliminary selection and! location of proposed structural stormwater controls; low- -impact design elements; location of existing and proposed conveyance systems such as grass channels, swales, and storm drains; flow paths; location of foodplain/loodway, limits; relationship ofs site to upstream and downstream properties and drainages; and preliminary location of any proposed stream channel modifications, such as bridge or culvert crossings.  14    (B) Stormwater Management Permit Application  The stormwater management permit application shall detail how post-development stormwater runoff will be controlled and managed and how the proposed project will meet the requirements of this ordinance, including Section 3, Standards. All such plans shall be prepared by a qualified registered North Carolina professional engineer, surveyor, soil scientist or landscape architect, and the engineer, surveyor, soil scientist or landscape architect shall perform services only in their area of competence, and shall verify that the design of all stormwater management facilities and practices meets the submittal requirements for complete applications, that the designs and plans are sufficient to comply with applicable standards and policies found in the. Derign Manual, and that the designs and plans ensure compliance with The submittal shall include all oft the information required in the submittal checklist established by the Stormwater. Administrator. Incomplete submittals shall be treated  this ordinance.  pursuant to Section 2-202(D). (C) As-Built Plans and Final Approval  Upon completion ofa project, and before a certificate of occupancy shall be granted, the applicant shall certify that the completed project is in accordance with the approved stormwater management plans and designs, and shall submit actual "as built" plans for all stormwater management facilities or practices after final The plans shall show the final design specifications for all stormwater management facilities and practices and the field location, size, depth, and planted vegetation of alli measures, controls, and devices, as installed. The designer of the stormwater management measures and plans shall certify, under seal, that the as-built stormwater measures, controls, and devices are. in compliance with the approved stormwater management plans and designs and with the requirements ofthis ordinance. A final inspection and approval by the Stormwater Administrator shall  construction is completed.  occur before the release of any performance securities.  (D) Other Permits  No certificate of compliance or occupancy shall be issued by the Caldwell County Building Inspectors without final as-built plans and a final inspection and approval by the Stormwater Administrator, except where multiple units are served by the stormwater practice or facilities, in which case the Caldwell County Building Inspections Department may elect to withhold a percentage of permits or certificates of occupancy until as-built plans are submitted and final inspection and  approval has occurred.  204 APPROVALS  (A) Effect of Approval  Approval authorizes the applicant to go forward with only the specific plans and activities authorized in the permit. The approval shall notl be construed to exempt the applicant from obtaining other applicable approvals from local, state, and federal  authorities.  15    (B) Time Limit/Expiration  An approved plan shall become null and void if the applicant fails to: make substantial progress on the site within one year after the date of approval. The Stormwater Administrator may grant a single, one-year extension oft this time limit, for good cause shown, upon receiving a written request from the applicant before the In granting an extension, the Stormwater Administrator may require compliance with standards adopted since the original application was submitted unless there has been substantial reliance on the original permit and the change in standards would  expiration of the approved plan.  infringe the applicant's vested: rights.  205 APPEALS  (A) Right of Appeal  Any aggrieved person affected by any decision, order, requirement, or determination relating to the interpretation or application oft this ordinance made by the Stormwater Administrator, may file an appeal to the Board of Adjustment within 30  days.  (B) Filing of Appeal and Procedures  Appeals shall be taken within the specified time period by filing a notice of appeal and specifying the grounds for appeal on forms provided by Town of Sawmills. The Stormwater Administrator shall transmit to the Board of Adjustment all documents constituting the record on which the decision appealed from was taken. The hearing conducted by the Board of. Adjustment shall be conducted in the nature ofa quasi-judicial proceeding with all findings of fact supported by competent,  material evidence. (C) Review by Superior Court  Every decision of the Board of Adjustment shall be subject to Superior Court review by proceedings in the nature of certiorari. Petition for review by the Superior Court shall be filed with the Clerk of Superior Court within thirty (30) days after the  latter of the following:  (1) The decision of the Board of. Adjustment is filed; or  (2) A written copy of the decision is delivered to every aggrieved party who has filed a written request for such copy with the Chair of the Board of Adjustment at  the time ofi its hearing of the case.  16    SECTION3: STANDARDS 301 GENERAL STANDARDS  All development and redevelopment to which this Ordinance applies shall comply with the  standards of this section.  302 DEVBLOPMENT STANDARDS FOR LOW-DENSITY PROJECTS Low-density projerts shall comply with each of the following standards:  (A) Stormwater runoff from the development shall be transported from the development by vegetated conveyances to the maximum extent practicable. (B) Stream buffers shall be maintained on all sides of perennial and intermittent surface waters. The size oft the buffer for perennial surface waters shall be an undisturbed width of 30 feet, plus a vegetated setback of 20 feet. Buffers for intermittent surface waters shall be an undisturbed width of30 feet. The buffer width is measured perpendicularly from the top of the streambank. A perennial or intermittent surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service oft the United States Department of Agriculture (USDA) or the most recent version of the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with thej provisions of15A NCAC2B.0233 (3) (a) or similar site-specific determination made using Division-approved methodology. The approval oft the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as a recorded deed restriction or protective covenants, to ensure that future development and redevelopment maintains the site consistent with the approved project  plans.  303 DEVELOPMENT STANDARDS FOR HIGH-DENSITY PROJECTS  High-densily prgjecks shall implement stormwater control measures that comply with each of  the following standards:  (A) The measures shall control and treat runoff from the first inch of rain, runoff volume drawdown time shall be a minimum of 48 hours, but not (B) All structural stormwater treatment systems used to meet these  more than 120 hours.  requirements shall be designed to have a minimum of 85% average annual (C) General engineering design criteria for all projects shall bei in accordance with 15A NCAC2 2H.1008(c), as explained in the Design Manuak  removal for Total Suspended Solids (TSS);  17    (D) Stream buffers shall be maintained on all sides of perennial and intermittent surface waters. The size oft the buffer for perennial surface waters shall be an undisturbed width of30 feet, plus a vegetated setback of20 feet. Buffers for intermittent surface waters shall be an undisturbed width of 30 feet. The buffer width is measured perpendicularly from the top oft the streambank. A surface water shall be deemed present if the feature is approximately shown on either the most recent version of the soil survey map prepared by the Natural Resources Conservation Service oft the United States Department of. Agriculture (USDA) or the most recent version oft the 1:24,000 scale (7.5 minute) quadrangle topographic maps prepared by the United States Geologic Survey (USGS). An exception to this requirement may be allowed when surface waters are not present in accordance with the provisions of1 15ANCAC 2B. .0233 (3)(a) or similar site-specific determination made using Division-approved methodology. (E) On-site verification ofintermittent and perennial streams by a qualified professional is required for all development exceeding a cumulative 5 acres and 24 percent impervious coverage, or any commercial development. (F) The apptoval of the stormwater permit shall require an enforceable restriction on property usage that runs with the land, such as recorded deed restrictions or protective covenants, to ensure that future development and rdevelopment maintains the site consistent with the approved project plans.  304 STANDARDS FOR STORMWATER CONTROL MEASURES (A) Evaluation According to Contents of Design Manual  All stormwater control measures and stormwater treatment practices (also referred to as Best Management Practices, or BMPs) required under this ordinance shall be evaluated by the Stormwater Administrator according to the policies, criteria, and information, including technical specifications and standards and the specific design criteria for each stormwater practice, in the Derign Manual. The Stormwater Administrator shall determine whether proposed BMPs will be adequate to meet the  requirements of this ordinance.  (B) Determination of Adequacy; Presumptions and Alternatives  Stormwater treatment practices that are designed, and constructed, and maintained in accordance with the criteria and specifications in the Design Manual will be presumed to: meet the minimum water quality and quantity performance standards ofthis ordinance. Whenever an applicant proposes to utilize aj practice or practices not designed and constructed in accordance with the criteria and specifications in the. Dasign Manual, the applicant shall have the burden of demonstrating that the practice(s) will satisfy the minimum water quality and quantity performance standards of this ordinance. The Stormwater Administrator may require the applicant to provide the documentation, calculations, and examples necessary for the Stormwater Administrator to determine whether such an affirmative showing is  made.  Separation from Seasonal High Water Table  18    For BMPs that require a separation from the seasonal high-water table, the separation shall be provided by at least 12 inches of naturally occurring soil above  the seasonal high-water table.  305 DEDICATION OF BMPS, FACILITIES & IMPROVEMENTS  The Town of Sawmills may accept dedication of any existing or future stormwater management facility for maintenance, provided such facility meets all the requirements of this ordinance and includes adequate and perpetual access and sufficient area, by easement  oro otherwise, for inspection and: regular maintenance.  306 VARIANCES  (A). Any person may petition the Town of Sawmills for a variance granting permission to use the person's land in a manner otherwise prohibited by this ordinance. To qualify fora  variance, the petitioner must show all oft the following:  (1) Unnecessary hardships would result from strict application of this ordinance. (2) The hardships result from conditions that are peculiar to the property, such as (3) Thel hardships did not result from actions taken by the petitioner. (4) The requested variance is consistent with the spirit, purpose, and intent oft this ordinance; will secure public safety and welfare; and will preserve substantial justice. (B) The Town of Sawmills may impose reasonable and appropriate conditions and  the location, size, or topography of the property.  safeguards upon any variance it grants. (C) Statutory exceptions  Notwithstanding subdivision (A) of this section, exceptions from the 30-foot! landward location ofbuilt-upon area requirement as well as the deed restrictions and protective covenants requirements shall be granted in any of the following instances:  (1) When there is al lack of practical alternatives for a road crossing, railroad crossing, bridge, airport facility, or utility crossing as long as it is located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the maximum extent practicable (2) When there is al lack of practical alternatives for a stormwater management facility; a stormwater management pond; or a utility, including, but not limited to, water, sewer, or gas construction and maintenance corridor, as long as iti is located 15 feet landward of all perennial and intermittent surface waters and as long as itis located, designed, constructed, and maintained to minimize disturbance, provide maximum nutrient removal, protect against erosion and sedimentation, have the least adverse effects on aquatic life and habitat, and protect water quality to the  through the use ofBMPs.  maximum extent practicable through the use of] BMPs.  19    (3).A1 lack ofp practical alternatives may be shown by demonstrating that, considering the potential fot a: reduction in size, configuration, or density oft the proposed activity and all alternative designs, the basic project purpose cannot be practically accomplished in a manner which would avoid or result in less adverse impact to  surface waters.  307 ADDITIONALS STANDARDS FOR SPECIALSITUATIONS  (A) Pet waste  (1)Restrictions on Pet Waste  (a) Itshall be unlawful for the owner or custodian of any dog to take it off the owner's own property limits without the means to properly remove and dispose (b) Itis the responsibility ofa dog's owner or custodian to clean up the dog's feces from any public or private property outside oft the dog's owner's own property limits. Such property includes, but is not limited to, parks, rights-of- (ç) "Means to properly remove and dispose of feces" shall consist of! having on or near one's person a device such as a plastic bag, or other suitable plastic or paper container, that can be used to clean up and contain dog waste until it canl be disposed of in an appropriate container. Such a device must be produced and shown, upon request, to anyone authorized to enforce these ordinances. (d) This provision shall not apply tol handicapped persons assisted by trained (e) "Public nuisance" is defined to include "a dog which deposits feces on public property or on private property without the consent oft the owner or person in lawful possession of the private property, and the person owning, possessing, harboring or having the care, charge, control or custody oft the dog fails to: remove the feces so deposited. Provided, however, this definition shall  oft the dog's feces from any public or private property.  way, paths, and public access areas.  guide or assistance dogs.  not apply to any dog assisting a handicapped person.  308 ONSITE WASTEWATER  (A)  Operation and Maintenance Requirements  New and replaced onsite systems for domestic wastewater installed after the effective date of this ordinance shall be subject to the same requirements for operation and maintenance as structural. BMPS for stormwater, including, ata minimum, annual inspection reports and a recorded operation and maintenance agreement, pursuant to Section 4 of this ordinance. Standards for Operation and Maintenance  (B)  Onsite systems for domestic wastewater covered by this ordinance shall be operated and maintained sO as to avoid adverse effects On surface water and groundwater, including eutrophication of surface water and microbial or nitrate contamination of groundwater. Septic tank residuals shall be pumped  20    whenever necessary to assure the proper operation of the system to meet these standards, and the septage shall be reused or disposed ofi in a manner that does not present significant risks to human health, surface water or  gtoundwater.  21    SECTION 4: MAINTENANCE  401 GENERAL STANDARDS FOR MAINTENANCE  (A)  Function of BMPs As Intended  The omerofe each structural. BMPinstalled pursuant to this ordinance shall maintain and operate it sO as to preserve and continue its function in controlling stormwater quality and quantity at the degree or amount of function for which the structural  BMP was designed.  (B)  Annual Maintenance Inspection and Report  Thej person tesponsible for maintenance of any siructural. BMPi installed pursuant to this ordinance shall submit to the Stormwater. Administrator an inspection report from one of the following persons performing services only in their area of competence: a qualified registered North Carolina professional engineer, surveyor, landscape architect, soil scientist, aquatic biologist, or person certified by the North Carolina Cooperative Extension Service for stormwater treatment practiçe inspection and maintenance. The inspection report shall contain all of the following: (2) The recorded book and page number of the lot of each structural BMP; (3) As statement that an inspection Was made- of all shructural. BMPs;  (1) The name and address of the land ommer;  (4) The date the inspection was made;  (5) A statement that all inspected structural. BMPs are performing properly and are: in compliance with the terms and conditions of the approved maintenance agreement required by this ordinance; and (6) The original signature and seal of the engineer, surveyor, or landscape All inspection reports shall be on forms supplied by the Stormwater Administrator. An original inspection report shall be provided to the Stormwater Administrator beginning one year from the date ofas-b built certification and each year thereafter on  architect.  or before the date of the as-built certification.  402 OPERATION AND MAINTENANCE AGREEMENT  (A)  In General  Prior to the conveyance or transfer of any lot or building site to be served by a siructural BMP pursuant to this ordinance, and prior toi issuance of any permit for development Or redevelopment requiring a structural BMP pursuant to this ordinance, the applicant or owner of the site must execute an operation and maintenance agreement that shall be binding on all subsequent omners of the site, portions of the site, and lots or parcels served by the structural BMP. Until the transference of all property,  22    sites, orl lots served by the. structural. BMP, the original owner or applicant shall have primary responsibility for carrying out the provisions oft the maintenance agreement. The operation and: maintenance agreement shall require the onner or owmers to maintain, repair and, if necessaty, reconstruct the structural. BMP, and shall state the terms, conditions, and schedule of maintenance for the structural. BMP. In addition, it shall grant to Town of Sawmills a right ofentry in the event that the Stormwater Administrator has reason to believe it has become necessary to inspect, monitor, maintain, repair, or reconstruct the. structural. BMP; however, in no case shall the right ofe entry, ofi itself, confer an obligation on Town of Sawmills to assume The operation and maintenance agreement must be approved by the Stormwater Administrator prior to plan approval, andi it shall be referenced on the finai plat and shall be recorded with the county Register of Deeds upon final plat approval2A copy of the recorded maintenance agreement shall be given to the Stormwater Administrator within fourteen (14) days following its recordation.  responsibility for the structural BMP.  (B)  Special Requirement for Homeowners' and Other Associations For all. shructural. BMPS required pursuant to this ordinance and that are to be Or are owned and maintained by al homeowners' association, property owners' association, or similar entity, the required operation and maintenance agreement shall include all  oft the following provisions:  (1)  Acknowledgment that the association shall continuously operate and maintain the stormwater control and management facilities. (2) Establishment of an escrow account, which can be spent solely for sediment removal, structural, biological or vegetative replacement, major repair, or reconstruction of the. structura!. BMPS. If structural. BMPS are not performing adequately or as intended or are not properly maintained, the Town of Sawmills, in its sole discretion, may remedy the situation, and in such instances the' Town of Sawmills shall be fully reimbursed from the escrow account. Escrowed funds may be spent by the association for sediment removal, structural, biological or vegetative replacement, major repair, and reconstruction of the. structural. BMPs, provided that the' Towh of (3) Both developer contribution and annual sinking funds shall fund the escrow account. Prior to plat recordation or issuance of construction permits, whichever shall first occur, the developer shall payi into the escrow account an amount equal to fifteen (15) per cent of the initial construction cost of the structural BMPS. Two-thirds (2/3) of the total amount of sinking fund budget shall be deposited into the escrow account within the first five (5) years and the full amount shall be deposited within ten (10) years following initial construction oft the. structural BMPS. Funds shall be deposited each year into the escrow account. A portion of the annual assessments of the association shall include an allocation into the escrow  Sawmills shall first consent to the expenditure.  23    account. Any funds drawn down from the escrow account shall be replaced in accordance with the schedule of anticipated work used to create the (4) The percent of developer contribution and lengths of time to fund the escrow account may be varied by the Town of Sawmills depending on the design and materials of the stormwater control and management facility. (5) Granting to the Town of Sawmills a right of entry to inspect, monitor, (6) Allowing the Town of Sawmills to recover from the association and its member's any and all costs the Towh of Sawmills expends to maintain or repair the. structural. BMPs or to correct any operational deficiencies. Failure toj pay the Town of Sawmills all ofi its expended costs, after forty-five days written notice, shall constitute a breach of the agreement. In case ofa deficiency, the' Town of Sawmills shall thereafter be entitled to bring an action against the association and its members to pay, or foreclose upon the lien hereby authorized by the agteement against the property, or both (Interest, collection costs, and attorney fees shall be added to the recovery). (7) As statement that this agreement shall not obligate the Town of Sawmills to maintain or repair any structural BMPs, and the Town of Sawmills shall not bel liable to any person for the condition or operation of struclural. BMPS. (8) As statement that this agreement shall not in any way diminish, limit, or restrict the: right of the Town of Sawmills to enforce any of its ordinances (9) Aj provision indemnifying and holding harmless the Town of Sawmills for any costs and: injuries arising from or related to the structural BMP, unless the Town of Sawmills has agreed in writing to assume the maintenance responsibility for the BMP and has accepted dedication ofany and all rights  sinking fund budget.  maintain, repair, and reconstruct structural. BMPs.  as authorized by law.  necessary to catry out that maintenance.  403 INSPECTIONI PROGRAM  Inspections and inspection programs by Town of Sawmills may be conducted or established on any reasonable basis, including but not limited to routine inspections; random inspections; inspections based upon complaints or other notice of possible violations; and joint inspections with other agencies inspecting under environmental or safety laws. Inspections may include, but are not limited to, reviewing maintenance and repair records; sampling discharges, surface water, groundwater, and material or water in BMPs; and evaluating the condition of BMPs. Ift the ovner or occupant of any property refuses to permit such inspection, the Stormwater. Administrator shall proceed to obtain an administrative search warrant pursuant to G.S. 15-27.2 or its successor. No person shall obstruct, hamper Or interfere with the Stormwater Administrator while carrying out his or her official  duties.  24    404 PERFORMANCE SECURITY FOR INSTALLATION: AND MAINTENANCE  (A)  May Be Required  The Town of Sawmills may, ati its discretion, require the submittal ofa performance security or bond with surety or other acceptable legal arrangement prior to issuance ofa permit in order to ensure that the. structural. BMPs are (1) Installed by the permit holder as required by the approved stormwater (2) Maintained by the ommeras required by the operation and maintenance  management plan, and/or agreement. Amount (1) Installation  (B)  The amount of an installation performance security shall be the total estimated construction cost of thel BMPs apptoved under the permit, plus 25%.  Maintenance  The amount ofa maintenance performance security shall be the present value of an annuity of perpetual duration based on a reasonable estimate of the annual cost of inspection, operation and maintenance of the BMPs approved under the permit, at a discount rate that reflects the jurisdiction's cost of borrowing minus  areasonable estimate ofl long- term inflation. Uses of Performance Security  (C)  (1) Forfeiture Provisions  The performance security shall contain forfeiture provisions for failure, after proper notice, to complete work within the time specified, or to: initiate or maintain any actions which may be required of the applicant or onnerin accordance with this ordinance, approvals issued pursuant to this ordinance, or an operation and maintenance agreement established pursuant to this ordinance.  2) Default  Upon default of the ommer to construct, maintain, repair and, if necessary, reconstruct any structural. BMP; in accordance with the applicable permit or operation and maintenance agreement, the Stormwater. Administrator shall obtain and use all or any portion of the security to make necessary improvements based on an engineering estimate. Such expenditure of funds shall only be made after requesting the onner to comply with the permit or maintenance agreement. In the event ofa default triggering the use of installation performance security, the' Town of Sawmills shall not return any of the unused deposited cash funds or other security, which shall be retained for  maintenance.  25    (3) Costs in Excess ofPerformance Security  IfTown of Sawmills takes action upon such failure by the applicant or opner, the Town of Sawmills may collect from the applicant or ownerthe difference between the amount oft the reasonable cost of such action and the amount of the security held, in addition to any other penalties Or damages due.  (4) Refund  Within sixty days of the final approval, the installation performance security shall be refunded to the applicant or terminated, except any amount attributable to the cost (plus 25%) of landscaping installation and ongoing maintenance associated with the BMPs covered by the security. Any such landscaping shall bei inspected one (1): year after installation with replacement for compliance with the approved plans and specifications and, if in compliance, the portion oft the financial security attributable to landscaping shall be released. Deed Recordation and Indications On Plat  405 NOTICE' TO OWNERS  (A)  The applicable operations and maintenance agreement, conservation easement, or dedication and acceptance into public maintenance (whichever is applicable) pertaining to every structural. BMP shall be referenced on the final plat and shall be recorded with the county Register of] Deeds upon final plat approval. Ifno subdivision plat is recorded for the site, then the operations and maintenance agreement, conseryation easement, or dedication and acceptance into public maintenance, whichever: is applicable shall be recorded with the county Register of Deeds so as to appear in the chain oft title ofa all subsequent purchasers under  generally accepted searching principles.  (B)  Signage  Where appropriate in the determination of the Stormwater Administrator to assure compliance with this ordinance, structural. BMPs shall be posted with a conspicuous sign stating who is responsible for required maintenance and annual inspection. The  sign shall be maintained so as to: remain visible and legible.  406 RECORDS OFI INSTALLATION AND MAINTENANCE ACTIVITIES  The onerofeach. structural BMP shall keep records of inspections, maintenance, and repairs for at least five years from the date of creation oft the record and shall submit the same upon  reasonable request to the Stormwater Administrator.  407 NUISANCE  The onner of each stormwater BMP, whether structural or non-structral BMP, shall maintain it  so as not to create or result in a nuisance condition.  408 MAINTENANCE EASEMENT  Every structura!. BMP installed pursuant to this ordinance shall be made accessible for adequate maintenance and repair by a maintenance easement. The easement shall be  26    recorded and: its terms shall specify who may make use oft the easement and for what  purposes.  27    SECTION. 5: ENFORCEMENT AND VIOLATIONS  501 GENERAL  (A)  Authority to Enforce  The provisions of this ordinance shall be enforced by the Stormwater Administrator, his or her designee, or any authorized agent of Town of Sawmills. Whenever this section. refers to the Stormwater Administrator, itincludes his or her designee as well as any authorized agent ofTown of Sawmills.  (B)  Violation Unlawful  Any failure to comply with an applicable requirement, prohibition, standard, Or limitation imposed by this ordinance, or the terms or conditions of any permit or other development or redevelopment approval or authorization granted pursuant to this ordinance, is unlawful and shall constitute a violation of this ordinance.  (C)  Each Day a Separate Offense  Each day that a violation continues shall constitute a separate and distinct violation  ord offense. (D)  Responsible Persons/Entities  Any person who erects, constructs, reconstructs, alters (whether actively or passively), or fails to erect, construct, reconstruct, alter, repair or maintain any structure, BMP, practice, or condition in violation of this ordinance shall be subject to the remedies, penalties, and/or enforcement actions in accordance with this section. Persons subject to the remedies and penalties set forth herein may include any architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that results in or constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation oft this ordinance results or persists; or an ommer, any tenant or occupant, or any other person, who has control over, or responsibility for, the use or development of the property on which the violation occurs. For the purposes of this article, responsible person(s) shall include but not be (1) Person Maintaining Condition Resulting In or Constituting Violation An architect, engineer, builder, contractor, developer, agency, or any other person who participates in, assists, directs, creates, causes, or maintains a condition that constitutes a violation of this ordinance, or fails to take appropriate action, so that a violation of this ordinance results or persists.  limited to:  (2) Responsibility For Land or Use ofLand  The o1vner of the land on which the violation occurs, any tenant or occupant of the property, any person who is responsible for stormwater controls or practices pursuant to a private agreement or public document, or any person,  28    who has control over, Or responsibility for, the use, development or redevelopment of  the property.  502 REMEDIES AND PENALTIES  The remedies and penalties ptovided for violations oft this ordinance, whether civil Or criminal, shall be cumulative andi in addition to any other remedy provided by law, and: may  be exercised in any order. (A)  Remedies  (1) Withholding of Certificate ofOccupancy  The Stormwater Administrator or other authorized agent may refuse to issuea certificate of occupancy for the building or other improvements constructed or being constructed on the site and served by the stormwater practices in question until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations (2) Disapproval of Subsequent Permits and Development Approvals As long as a violation of this ordinance continues and remains uncorrected, the Stormwater Administrator or other authorized agent may withhold, and the Towh of Sawmills Planning Board may disapprove, any request for permit or development approval or authorization provided for by this ordinance or the zoning, subdivision, and/or building regulations, as appropriate for the land on  described therein.  which the violation occurs. (3) Injunction, Abatements, etc.  The Stormwater Administrator, with the written authorization oft the Town Administrator, may institute an action in a court of competentjurisdliction fora mandatory or prohibitory injunction and order of abatement to correcta violation of this ordinance.. Any person violating this ordinance shall be subject to the full range of equitable remedies provided in the General Statutes or at (4) Correction as Public Health Nuisance, Costs as Lien, etc.  common law.  If the violation is deemed dangerous or prejudicial to the public health or public safety and is within the geographic limits prescribed by North Carolina G.S.S 160A-193, the Stormwater. Administrator, with the written authorization of the Town Administrator, may cause the violation to be corrected and the costs to  be assessed as al lien against the property.  (5) Stop Work Order  The Stormwater Administrator may issue a stop work order to the person(s) violating this ordinance. The stop work order shall remain in effect until the person has taken the remedial measures set forth in the notice of violation Or has otherwise cured the violation oOr violations described therein. The stop work  29    order may be withdrawn or modified to enable the person to take the necessary  remedial measures to cure such violation or violations.  (B)  Civil Penalties  Violation of this ordinance may subject the violator to a civil penalty to be recovered in a civil action in the nature ofa debt if the violator does not pay the penalty within 30 days after notice of the violation is issued by the Stormwater Administrator. Civil penalties may be assessed up to the full amount of penalty to which Town of Sawmills is subject for violations ofits Phase II Stormwater permit, orifn no Phase II Stormwater permit exists for the jurisdiction, civil penalties may be  assessed up to the full amount allowed by law.  (C)  Criminal Penalties  Violation oft this ordinance may be enforced as a misdemeanor subject to the  maximum fine permissible under North Carolina law.  503 PROCEDURES  (A)  nitiation/Complaint  Whenever a violation of this ordinance occurs, or is alleged to have occurred, any person may file a written complaint. Such complaint shall state fully the alleged violation and the basis thereof, and shall be filed with the Stormwater Administrator, who shall record the complaint. The complaint shall be investigated  promptly by the Stormwater Administrator.  (B)  Inspection  The Stormwater Administrator shall have the authority, upon presentation of proper credentials, to enter and inspect any land, building, structure, or premises to ensure  compliance with this ordinance.  (C)  Notice of Violation and Order to Correct  When the Stormwater Administrator finds that any building, structure, or land is in violation of this ordinance, the Stormwater Administrator shall notify, in writing, the property Ovmer or other person violating this ordinance. The notification shall indicate the nature of the violation, contain the address or other description of the site upon which the violation is occurring, order the necessary action to abate the violation, and give a deadline for correcting the violation. Ifc civil penalties are to be assessed, the notice of violation shall also contain a statement of the civil penalties to be assessed, the time of their accrual, and the time within which they must be The Stormwater Administrator may deliver the notice of violation and correction order personally, by the law enforcement or code enforcement personnel, by certified or registered mail, return receipt requested, or by any means authorized for the service of documents by Rule 4 of thel North Carolina Rules of Civil Procedure. Ifa violation is not corrected within a reasonable period of time, as provided in the notification, the Stormwater Administrator may take appropriate action under this  paid or be subject to collection as a debt.  30    ordinance to correct and abate the violation and to ensure compliance with this  ordinance. (D)  Extension ofTime  Ap person who receives a notice of violation and correction order, or the ommerof the land on which the violation occurs, may submit to the Stormwater Administratora written request for an extension of time for correction oft the violation. On determining that the request includes enough information to show that the violation cannot be corrected within the specified time limit for reasons beyond the control oft the person requesting the extension, the Stormwater Administrator may extend the time limit as is reasonably necessary to allow timely correction oft the violation, up to, but not exceeding 30 days. The Stormwater Administrator may. grant 15-day extensions in addition to the foregoing extension if the violation cannot be corrected within the permitted time due to circumstances beyond the control of the person violating this ordinance. The Stormwater Administrator may grant an extension only by written notice of extension. The notice of extension shall state the date prior to which correction must be made, after which the violator will be subject to the penalties described in the notice of violation and correction order. After the time has expired to correct a violation, including any extension(s) if authorized by the Stormwater. Administrator, the Stormwater Administrator shall determine ift the violation is corrected. Ift the violation is not corrected, the Stormwater Administrator. may act to impose one or more of the remedies and  (E)  Enforcement. After Time to Correct  penalties authorized by this ordinance. Emergency Enforcement  (F)  If delay in correcting a violation would seriously threaten the effective enforcement of this ordinance or pose an immediate danger to the public health, safety, or welfare, then the Stormwater Administrator may order the immediate cessation ofa violation. Any person sO ordered shall cease any violation immediately. The Stormwater Administrator may seek immediate enforcement, without prior written notice, through any remedy or penalty authorized by this article.  31    SECTION 6: DEFINITIONS 601 TERMS DEFINED  When used: in this Ordinance, the following words and terms shall have the meaning set forth in this section, unless other provisions of this Ordinance specifically indicate  otherwise. Built-upon area (BUA)  That portion ofa development project thati is covered by impervious or partially impervious surface including, but not limited to, buildings; pavement and gravel areas such as roads, parkinglots, and paths; and recreation facilities such as tennis courts. "Built-upon area" does noti include a wooden slatted deck, the water area ofas swimming pool, or pervious or partially pervious paving material to the extent that the paving material absorbs water or  allows water to infiltrate through the paving material. The North Carolina Department of Environment Quality.  Department Design. Manual  The stormwater design manual approved for use: in Phase II jurisdictions by the Department and certified by this jurisdiction for the proper implementation of the requirements of the federal Phase II stormwater program. All references herein to the Design Manual are to the Any land-disturbing activity that increases the amount of buill-wpon area or that otherwise  latest published edition or revision. Development Division  decreases the infiltration of! precipitation into the soil.  Thel Division of Energy, Mineral and Land Resources in the Department.  High-density project  Any project that exceeds the lon-density threshold for dwelling units per acte or buil-upon ared. Any area where multiple separate and distinct construction or land-disturbing activities will occur under one plan. A plan is any announcement of piece of documentation (including but not limited to a sign, public notice or hearing, sales pitch, advertisement, loan application, drawing, permit application, zoning request, Or computer design) or physical demarcation (including but not limited tol boundary signs, lot stakes, or surveyor markings) indicating that Foral project that 1s not located within one-half mile of and draining to Shellfish Resource Waters: the project is a low -density project ifit has no more than two dwelling units per acre or twenty-four percent buil-upon ana (BUA) for all residential and: non-residential A project with an overall density at or below the relevant low-density threshold, but containing areas with a density greater than the overall project density, may be considered low density as long as the project meets or exceeds the post-construction model practices for  Larger common, plan ofdevelopment or sale  construction activities may occur on a specific plot.  Low-density, project  development.  32    low-density projects and locates the higher density in upland areas and away from surface  waters and drainage ways to the maximum extent practicable.  1-year, 24-hourstorm  The surface runoff resulting from a 24-hour rainfall of an intensity expected to be equaled or exceeded, on average, once in 12. months and with a duration of 24 hours. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee: in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. "Owner" shall: include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured. lender not in possession of the property does not constitute an owner, unless the secured! lender isi included within the meaning of "owner" under another desctiption in this Any development on previously developed land, other than a rebuilding activity that results in no net increase in buil-mpon area and provides equal or greater stormwater control than the  Owner  definition, such as a management entity.  Redevelopment previous develapment. Structural. BMP  Aj physical device designed to trap, settle out, or filter pollutants from stormwater runoff; to alter or reduce stormwater runoff velocity, amount, timing, or other characteristics; to approximate the pre-development hydrology on a developed site; or to achieve any combination of these goals. Structural BMP: includes physical practices such as constructed wetlands, vegetative practices, filter strips, grassed swales, and other methods installed Or created on real property. "Structural BMP" is synonymous with "structural practice," "stormwater control facility," "stormwater control practice,"  "stormwater treatment practice," "stormwater management practice," "stormwater control measures," "structural stormwater treatment systems," and similar terms used: in this ordinance.  Substantial progress  For the purposes of determining whether sufficient progress has been made on an approved plan, one or more of the following construction activities toward the completion ofa site Or subdivision plan shall occur: obtaining a grading permit and conducting grading activity ona continuous basis and not discontinued for more than thirty (30) days; or installation and approval of on-site infrastructure; or obtaining a building permit for the construction and approval ofa building foundation. "Substantial progress" for purposes of determining whether an approved plan is null and void is not: necessarily the same as "substantial expenditures" used for determining vested rights pursuant to applicable law.  33    SECTION 7: ILLICIT DISCHARGES 701 TITLE. AND PURPOSE  (A)  Title  This ordinance shall be officially known as "The Phase II Stormwater Illicit Discharge Detection and Elimination Ordinance.": It is referred to herein as "this ordinance."  (B)  Purpose  The purpose oft this ordinance is to provide for the health, safety, and general welfare oft the citizens oft the Town Sawmills through the regulation of non-storm water discharges to the storm drainage system to the maximum extent practicable as required by federal and state law. This ordinance establishes methods for controlling the introduction of pollutants into the municipal separate storm sewer system (MS4) in order to comply with requirements of the National Pollutant Discharge Elimination System (NPDES) permit process. The  objectives of this ordinance are:  (1) To regulate the contribution of pollutants to the municipal separate storm sewer (2) Toj prohibit Illicit Connections and Discharges to the municipal separate storm (3) To establish legal authority to carry out all inspection, surveillance and monitoring procedures necessary to ensure compliance with this ordinance  system (MS4) by Stormwater discharges by any user  sewer system  702 AUTHORITY  The Town of Sawmills is authorized to adopt this ordinance pursuant to North Carolina law, including but not limited to Article 14, Section 5 of the Constitution of] North Carolina; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2004-163; Chapter 160A5174,185.  703 DEFINITIONS  For the purposes of this section, the following shall mean: Best. Management Practices (BMPs)  schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to Stormwater, receiving Waters, or Stormwater conveyance systems BMPs also include treatment practices, operating procedures and practices to control site runoff, spillage or leaks sludge or water disposal, or drainage from raw materials storage. The federal Water Pollution Control Act (33 U.S. C. 51251 et seq), and any subsequent  Clean WaterAct amendments thereto.  34    Hazardous Materials  Any material, including any substance, waste, Or combination thereof, which because ofi its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, Or the environment when improperly treated, stored, transported disposed of, or  otherwise managed. Illegal Discharge Illicit Connections  Any direct or indirect non-storm water discharge to the storm drain system.  An illicit connection is defined as either of the following:  Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted Or approved by an authorized enforcement agency or, Any drain or conveyance connected from a commercial or industrial land use to the storm drain system, which has not been documented in plans, maps, or equivalent records and Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26 (b)  approved by an authorized enforcement agency.  Industrial. Activity (14).  Municipal Separate Storm Sewer System (MS4)  Pursuant to 40 CFR 122.26(b)(8) means a conveyance or system of conveyances (including roads with drainage systems. municipal streets catch basins, curbs, gutters, ditches, manmade channels, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage @) Owned or operated by a town, city, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over disposal of sewage, industrial wastes, Stormwater, or other wastes, that discharges to waters of the United States or waters  structures or storm drains):  oft the State.  () Designed or used for collecting or conveying Stormwater;  (in) Which is not a combined sewer; and  (iv) Which is not part ofal Publicly Owned Treatment Works (POTW), as defined. in 40 CFR National Pollutant Discharge Elimination System (NPDES) Storm Water Aj permit issued by the North Carolina Department of Environment and Natural Resources, Division of Water Quality that authorizes the discharge of pollutants to waters of the State, whether the permit is applicable on an individual, group, or general area-wide basis.  122.2  Discharge Permit  35    Non-Stormwater Discharge  Any discharge to the storm drain system that is not composed entirely of storm water.  Person  Means any individual, association, organization, partnership, firm, corporation or other entity recognized by law and acting either as the owner or as the owner's agent. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, sO that same: may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive Any building, lot, parcel ofl land, or portion ofland whether improved or unimproved  Pollutant  matter of any kind. Premises  including adjacent sidewalks and parking strips.  Storm Water  Any surface flow, runoff, and drainage consisting entirely of water from any form ofnatural  ptecipitation, and resulting from such precipitation. Stormwater Pollution Prevention Plan  A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources.- of pollution or contamination ata site and the actions to eliminate or reduce pollutant discharges to Stormwater, Stormwater Conveyance Systems, and/or Receiving Waters to the Maximum Extent Practicable. Means water or other liquid, other than uncontaminated storm water, discharged from a *Ultimately the federal Environmental Protection Agency regulates the NPDES permit, but itl has  Wastewater facility.  been delegated to the state for any non-tribal lands within North Carolina 704 ILLICIT DISCHARGES. AND CONNECTIONS  (A)  Illicit Discharges  No person shall cause or allow the discharge, emission, disposal, pouring, Or pumping directly or indirectly to any Stormwater conveyance, the waters oft the State, or upon the land in manner and amount that the substance is likely to reach a Stormwater conveyance or the waters of the State, any liquid, solid, gas, or other substance, other than Stormwater; provided that non-Stormwater discharges associated with the following activities are allowed  and provided that they do not significantly impact water quality:  36    (1) Water line flushing, (2) Landscape irrigation, (3) Diverted stream flows, (4) Rising ground Waters,  (5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20),  (6) Uncontaminated pumped ground water, (7) Discharges from potable water sources, (9) Flows from emergency firefighting, (10). Air conditioning condensation, (11) Irrigation water, (12) Springs,  (8) Foundation drains,  (13) Water from crawl space pumps, (14) Footing drains, (15) Lawn watering,  (16) Individual residential car washing Designated vehicle wash areas at multi-family residential complexes are not allowed: if they connect, directly or indirectly, to the Stormwater System Or surface waters. Charity Vehicle Washing performed by the same organization or at the same location on a routine basis (more than one time in a thirty-day  period) is not allowed under this article. (17) Flows from riparian habitats and wetlands, concentration, and chlorine generated. (19): Street wash water, and  (18) Dechlorinated swimming pool discharges "Salt Water" swimming pools cannot be directly discharged into the storm drain due to the salinity, bromoform/bromine  (20) Other non-Stormwater discharges for which a valid NPDES discharge permit has been approved and issued by the State of North Carolina, and ifany such discharges to the municipal separate storm, The Town of Sawmills shall authorize sewer system. (21): Removal of Stormwater System blockages with Unmodified Potable Water. Prohibited substances include but are not limited to oil, anti-freeze, chemicals, animal waste,  paints, garbage, and litter.  37    (B)  Illicit Connections  (1) Connections to a Stormwater conveyance or Stormwater conveyance system that allows the discharge of non-Stormwater, other than the exclusions described in section (a) above, are unlawful. Including but not limited to: prohibited washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and wastewater from septic (2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this ordinance, However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, Or are likely to: result ini immediate injury and harm to real or personal property, natural resources, wildlife, or  systems.  habitat.  (3) Where it is determined that said connection:  i May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal i. Was made in violation of any applicable regulation or ordinance, other than this The Stormwater. Administrator/ Illicit Discharge Officer shall designate the time within which the connection shall be removed in setting the time limit for compliance the Stormwater Administrator/ Illicit Discharge Officer shall take into consideration:  property, natural resources, wildlife, or habitat, or  section:  i.The quantify and complexity of the work, ii. The consequences of delay, property, and V. The cost of remedying the damage. (C)  iv.' The potential harm to the environment, to the public health, and toj public and private  Spills  Spills or leaks of polluting substances released, discharged to, or having the potential to be teleased or discharged to the Stormwater conveyance system, shall be contained, controlled, collected, and properly disposed of. All affected areas shall be restored to their pre-existing Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released of discharged, shall immediately notify the Sawmills Fire Department of the release or discharge, as well as making any required notifications under state and federal law, Notification shall not relieve any person of any expenses related to the restoration, loss damage, orany other liability which may be incurred as ai result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by State or other law.  condition.  38    (D)  Industrial Or Construction Activity Discharges  Any person subject to an industrial or construction activity NPDES storm watet discharge permit shall comply with all provisions of such permit; Proof of compliance with said permit may be required in a form acceptable to the Town of Sawmills prior to the allowing of 705 RIGHT OF ENTRY/POWERS AND AUTHORITY FOR INSPECTION  discharges to thel MS4.  (A)  Authority to Inspect and Monitor  The Stormwater Administrator/ Illicit Discharge Officer, bearing proper identification, may enter public or private properties at all reasonable times to inspect, investigate, or monitor activities and conditions subject to this article. Persons occupying premises to be inspected shall allow the Stormwater Administrator/ Illicit Discharge Officer ready access at all times to all parts oft the premises to perform inspection, monitoring, records examination, copying, photography, video recording or other duties. Stormwater Administrator/ Illicit Discharge Officer shall have the right to set up on the Person's property such devices as are: necessary to conduct sampling, inspection, compliance monitoring and/ /or metering operations. Where a Person has security measures in force that would require identification and clearance before entry into the premises, the Person shall make arrangements with security personnel so that, upon presentation of identification, personnel from Stormwater Administrator/ Illicit Discharge Officer will be permitted to enter and perform their specific responsibilities without delay. Denial of Stormwater Administrator/ Illicit Discharge Officer access to the Person's premises or portions thereof shall be a violation of this article. Denial of access may also occur ifa Person fails to provide, without unreasonable delay, such facilities, equipment, or devices as are: reasonably necessary to permit Stormwater Administrator/ Illicit Discharge Officer personnel to perform their duties in a safe manner. Unreasonable delays may constitute denial of access.. Any delay of more than five minutes may be considered  unreasonable. (B)  Search Warrants  To the extent permitted by law, Administrator/ Ilicit Discharge Officer may seek the issuance ofa search warrant to determine compliance with this article.  (C)  Confidential Information  (1) To the extent permitted by applicable law and except as otherwise provided in this section, information and data on a Person obtained from reports, questionnaires, permit applications, permits, monitoring programs and inspections shall be available to the public or other government agencies without restriction, unless the Person specifically requests, and: is able to demonstrate to the satisfaction of Administrator/ Illicit Discharge Officer, that the release ofs such information would divulge information, processes or methods of production entitled to protection as trade secrets of the Person. Any such request must be asserted at the time of submission of the  information or data.  (2) To the extent permitted by applicable law, when requested by 2 Person furnishing a report, the portions ofa report that might disclose trade secrets  39    or secret processes shall not be made available for inspection by the public, but shall be made available upon request to governmental agencies for uses related to this article provided, however, that such portions ofa report shall be available for use by the State or any State agency in judicial review or enforcement proceedings involving the Person furnishing the report.  (3) Documents that are not public records and the information set forth therein may be withheld and: released only as provided by applicable law.  (D)  Obstruction  Noj person shall obstruct, hamper, ori interfere with Administrator/ Illicit Discharge Officer while carrying out official duties. Upon presentation of credentials by. Administrator/ Illicit Discharge Officer, necessary arrangements shall be made to allow immediate access onto premises or into an area protected by security measures. Any obstruction to the safe and easy access to property, a facility or enclosure on property, or to monitoring devices shall immediately be removed. Unreasonable delays in providing safe and: reasonable access or  removing obstructions shall be a violation of this article.  706 ENFORCEMENT  (A)  Notice of Violation  Whenever the Stormwater Administrator/ Illicit Discharge Officer finds that a person has violated a prohibition or failed to meet a requirement of this Ordinance, the Stormwater Administrator/ Illicit Discharge Officer may order compliance by written notice of violation to the responsible person. Such notice may require without limitation: (1) Thej performance of monitoring analyses, and reporting, (2) The elimination of illicit connections Or discharges, (3) That violating discharges, practices, or operations shall cease and desist, (4) The abatement or remediation ofs storm water pollution or contamination hazards and the restoration of any affected property, and (5) Payment ofa fine to cover administrative and remediation costs, and (6) Thei implementation of source control or treatment BMPs. Ifa abatement ofa violation and/or restoration of affected property is required, the notice shall set forth a deadline within which such remediation or restoration must be completed. Said notice shall further advise that, should the violator fail to remediate or the Town ora contractor designated by the Stormwater. Administrator/ Illicit Discharge Officer will perform the restore, within the established deadline, the work and the expense thereof shall  be charged to the violator, (B)  Violations Deemed a Public Nuisance  Illicit discharges and illicit connections which exist within the Sawmills Town Limits and  40    Extra-territorial Jurisdiction are. hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances and may be summarily abated or restored by the Town at the violator's expense, and/ora civil action to abate, enjoin, or otherwise compel the cessation ofsuch  nuisance may be taken by the' Town.  41    AGENDA ITEM9D  MEMO DATE: SUBJECT:  October 15, 2019 Discussion:  Russell Drive/Mission Road Waterline Replacement  Discussion:  Todd Poteet, with West Consultants, will give an update on the Russell Drive and Mission Road  water line replacement projects.  Recommendation: No Council action is required.    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  October 15,2019 Financial Matters: AMI Bid  Discussion:  The bid opening for the. Advanced Metering Infrastructure (AMI) occurred on Friday, September  13,2019. Three (3) bids were received from the following: Foriline/Waterworks/Kamstrup Water Works/Mueller  Ferguson Waterworks/Sensus  Systems  The bid packets were reviewed and certified, in accordance with NCGS, by MeterSys. On September 24th, staff met with Andy Honeycutt and Lisa Nguyen, from MeterSys, to review the  information.  The following bids have been proposed:  Vendor: Water Works/Mueller Ferguson Waterworks/Sensus  Construction: $1,135,150 $1,864,968  Operational (Yr.1) $13,712 $19,647  On September 30th, staff met with the Public Works Committee to review the remaining two The lowest bid was received from Water Works/Mueller Systems for a total bid of $1,135,150.00. The bid packages have been reviewed by MeterSys on behalfof the town. MeterSys does believe that Water Works/Mueller Systems is qualified to perform the project.  bids.  Attached is a bid summary of all submitted proposals.  Recommendation:  Staffrecommends Council award the project to the lowest bidder, Water Works/Mueller Systems  for a total amount of $1,135,150.00.    Hauau MeterSYS 703 W.. Johnson St. Raleigh,NC27529 844.881.8685 I info@metersys.com  MEMORANDUM  To: Karen Clontz, Interim Town Manager and Finance Officer From: Andy Honeycutt, MeterSYS Managing Director CC: Town of Sawmills AMI Selection Committee; Project File Re: Summary of Shortlisted Vendor Bid Responses  Date: September 30, 2019  We appreciate the collaborative efforts of the Town of Sawmills Advanced Metering Infrastructure (AMI) Selection Committee, who worked diligently throughout the Request for Proposal (RFP) process to develop project goals, proposalr requirements, and vendor shortlisting. After a detailed evaluation of the bid submittals, considering the technology attributes of the proposed systems, the ability to meet the Town's project goals, and to provide the best overall benefit to the Town, the Committee shortlisted Ferguson/Sensus and Water Works/Mueller Systems. The MeterSYS team then completed a detailed bid submission review individually with each shortlisted proposer. This review is summarized in the tables Table 1 compares the best and final offer pricing as submitted by each proposer after negotiations and are the metering solutions that are more closely align tot the Town's metering infrastructure needs and goals as discussed in our bid review meetings. Ferguson/Sensus is proposing the Sensus SRII brass body with the electronic register and LCD display. Water Works/Mueller Systems is proposing the 420 composite body with metal threads and the ME-8 electromechanical (rolling dials) register.  below with accompanying detailed explanations.  Table 1: Vendor Pricing Comparison Summary  WATER WORS/MUELERSSTENS FERGUSON/SENSUS AMI- Brass  Composite Body w/Metal Threads  Body  SUBTOTAL NETWORK SUBTOTAL METERS SUBTOTAL METER LABOR SUBTOTAL MISCELLANEOUS (Project Management and Bond) PROGRAM MANAGEMENT FEE OPERATIONAL EXPENSE YEAR: 1 CONTINGENCY (10%) TOTALAMISOLUTION (includes sales tax)  $333,855 $212,958 $118,056 $58,889 $67,000 $13,712 $80,447 $884,917  $458,886 $302,777 $126,517 $38,500 $67,000 $19,647 $101,333 $1,114,658  (Customer Portal not Included)  The original total estimates for full replacement of the Town's existing touch-read meters with advanced meters and an AMI network was approximately $860,000. This figure is more closely aligned to Mueller's proposal as presented int the table above. The cost difference between our estimates and Mueller's  1    AHaut MeterSYS 703 W.. Johnson St. |Raleigh, NC27529 844.881.8685 I Info@metersys.com  proposed bid pricing is due to the new distributorship with Water' Works, that increased various components ofthe bid as compared to if the bid was submitted directly by Mueller Systems. Based on the updated pricing proposals, Ferguson/Sensus' best and final solution is about $229,741 more than Water Works/Mueller System's best and final solution. A detailed explanation of the bid summary  analysis after negotiations is as follows:  Sensus' radio transmitters are priced at about $50 more per unit than Mueller's radio Sensus' hosted. AMI Meter Data Management System (MDMS) andi installation costs fort the Mueller's composite meter with metal threads is listed at $84.91 in the updated pricing sheet as compared to Sensus' SRII brass body metert that is priced higher by $35.09 at $120 per unit Mueller's project management fees are about double the fees for Sensus project management, Operational Expenses (OpEx) include cellular backhaul for data collectors, maintenance for collectors, hosting fees for the MDMS, software support and updates (included in Mueller's OpEx Mueller lowered the unit price for repeaters, unit price for the installation oft the repeaters, OpEx Years 1-5, and proposed pricing for the 420 composite meter with metal threads at the lowest costs compared to their alternative options for an overall savings of about $39,522 pre-tax for Sensus lowered the unit price for the radio transmitters, training, project management, and the SRII brass body by about $16 ($1361 to $120) for an overall savings of about $44,587 pre-tax for The cost-savings analysis is presented here pre-tax because Mueller did not provide sales taxi in their initial bid, sO analysis was completed pre-tax fori the most accurate comparison of each  transmitters  collector is about twice as much higher than Mueller's MDMS  but Mueller's bonding is lower by about $2,500 costs is the maintenance feet for the handhelds)  their proposed AMIsolution their proposed AMI solution proposers' solution  The Town expressed interest in remote disconnect functionality; thus, the table below presents the alternative option for full changeout oft the 5/8x3/4" meters only with Remote Disconnect Meters  (RDMs).  Table 2: Alternative Remote Disconnect Meter (RDM) Solution Pricing  WATER WORKS/MUELLER SYSTEMS- RDM  FERGUSON/SENSUS-ROM  SUBTOTAL NETWORK SUBTOTAL METERS SUBTOTAL METER LABOR SUBTOTAL MISCELLANEOUS (Project Management and Bond)  $121,167 $653,131 $118,056 $58,889  $458,886 $1,001,877 $126,517 $38,500 2    Waual MeterSYS 703W.. Johnson St. Raleigh, NC 27529 844.881.8685 Info@metersys.com  METERSYS PROFESSIONAL: SERVICES OPERATIONAL EXPENSE YEAR1 CONTINGENCY (10%) TOTAL. AMISOLUTION (includes sales tax)  $67,000 $13,712 $103,195 $1,135,150  $67,000 $19,467 $169,543 $1,864,968  Due to the Town's interest In remote disconnect functionality and the Mueller solution beinga more financially viable solution, Mueller has adjusted its bid pricing for RDMs by a cost-savings of $20 per meter with the purchase of 1,000 or more RDMs. This updated pricing is reflected in Table 2 above. Asignificant price difference in Table 2 is the total network costs with Mueller's being lower at about $337,000. This is because the radioi transmitter is built ini the remote disconnect meter and is included in the costs of the meter as comparedi to Sensus' which is a separate and required component. If the Town isi interested in deploying RDMs for all residential: service locations, the Town would only need to purchase 30 Mueller radio transmitters that are requiredf fort the large meters. Ifthe Town is interested in deploying Mueller's composite body meter with metal threads, the Town would need to purchase The unit price for the Sensus ally RDM is higher than the Mueller RDM by about $150. Mueller's RDM has been on the market longer at about 5 years and has the ability to shut water off and turn water back on, ina addition to sending a meter reading on hourly intervals. Although, the Sensus RDM is higher in pricing it boasts greater functionality with the ability to read meters on hourly intervals, as well as measure pressure and temperature for water quality monitoring, and remotely control the valve in 3 stages- shut  Mueller radio transmitters for all 2,250 meters in its system.  water off, turn water back on, or reduce water to al low flow. Table 3: Alternative Ferguson/Sensus aCCuSTREAM Pricing  FERGUSON/SENSUS AMI- Composite Body ACCuSTREAM  FERGUSON/SENSUSAMI Brass Body SRII  SUBTOTAL NETWORK SUBTOTAL METERS SUBTOTAL METER LABOR SUBTOTAL MISCELLANEOUS (Project Management and Bond) TOTAL (Includes Sales Tax)  $458,886 $238,886 $126,517 $38,500 $862,698  $458,886 $302,777 $126,517 $38,500 $926,679  Table 3 compares the two aiternative meter options and total solution costs as proposed by Ferguson/Sensus in their updated bid pricing sheet. The total AMI solution costs including the Ferguson/Sensus SRII meter option is $63,980 more than thei total. AMI solution with the ACCuSTREAM meters. Please note that Table 3 does not Operational Expense Year1, Contingency, and MeterSYS Professional Services. The Table below displays the Operations Expenses to the Town for years 2-5.  Table 4: Operational Expenditures Summary Years 2-5  3    aum MeterSYS 703 W. Johnson! St. |Raleigh, NC27529 844.881.8685 linfo@metersys.com FERGUSON/SENSUS OPEX YEARS2-5  MUELLER SYSTEMS AMI OPEX YEARS2-5  TOTAL NETWORK,TRAINING,SOFTWARE  $56,772  $82,766  Inc conclusion, the Town has several meter configurations options that can be selected. The MeterSYS team stands ready to discuss final solution selection with the Town Selection Committee. Then, supporting the Committee as directed by the Town ati the October 16th council meeting in the  presentation of thei final solution recommendation.  4    AGENDA ITEMI 10B  MEMO DATE: SUBJECT:  October 15,2 2019 Financials Matters: Capital Project Budget Ordinance Water Meter Replacement Project  Discussion:  During the August 20, 2019 regularly scheduled council meeting, the Council voted to finance the  AMI project as follows: 60% out oft the General Fund; 40% out of the Utility Fund; and A $400,000.00 Installment loan.  A Capital Project Budget Ordinance Water Meter Replacement Project will need to be adopted to move forward with the AMI project. A copy oft the Ordinance is attached with this memo.  Recommendation:  Staff recommends Council approve the Capital Project Budget Ordinance Water Meter  Replacement Project as drafted.    TOWN OF SAWMILLS  CAPITAL PROJECT BUDGET ORDINANCE WATER METER REPLACEMENT PROJECT  BEIT ORDAINED by the Sawmills Town Council that pursuant to Section 13.2 of Chapter 159 oft the General Section 1. The project authorizes funds for the Water Meter Replacement Project. The project is to be funded bya Section 2. The officers of this unit are hereby directed to proceed with the project within the terms of the loan Section 3. The following revenues are anticipated to be available to the Town of Sawmills for this project:  Statutes ofl North Carolina, the following project ordinance is hereby adopted. loan, a fund balance appropriation and a utility fund net asset appropriation.  agreement and rules and regulations ofthe State ofNorth Carolina, and the budget contained herein.  Revenues:  First Citizens installment loan General Fund Balance Appropriation Utility Fund Net Asset Appropriation Total Revenues Expenditures: Construction Costs Contingency Costs Total Appropriations  $400,000 $480,000 $320,000 $1,200,000 $1,135,150 $64,850 $1,200,000  Section 4. The following amounts are expenditures appropriated for the project:  Section 5. The Finance Officer is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to provide the accounting to Town Council required by the program procedures, loan agreement  and state regulations.  Section 6. Funds may be advanced from the Utility Fund for the purpose of making payments as due.  Reimbursement request should be made to the grantor Agency in an orderly and timely manner.  Section 7. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this Section 8. Copies of this grant project ordinance shall be furnished to the Town Clerk and to the Budget Officer and  grant project in each budget submission made to this Board. to the Finance Director for direction in carrying out this project  Adopted this  day of_  2019.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk  11    AGENDA ITEM 10C  MEMO DATE: SUBJECT:  October 15, 2019 Financials Matters: AMI Contract  Discussion:  Attached to this memo is a copy of a contract between Water Works/Mueller Systems and the Town of Sawmills for the purchase and installment of the AMI meter system. A copy of this  contract will be forwarded to Town Attorney Terry Taylor for her to: review.  Recommendation:  Staff recommends Council approve the contract with Water Works/Mueller Systems, after approval from the Town Attorney, for the purchase and installment of the AMI meter system.    AGENDA ITEM 10D  MEMO DATE: SUBJECT:  October 15, 2019 Financial Matters: Refuse Truck Information  Discussion:  During the August 20, 2019, regular council meeting, the Council voted to have staff contact interested parties for in regards to the sale oftwo (2)oft the three (3) refuse trucks that the Town currently owns: a 2009LE600 Mack-Low Entry Tandem, Serial Number 7E7302994 and a 2018 LR 613 Mack-Low Entry Tandem, Serial  Number 7E7306229.  Information was received by September 13, 2019, at 10:00 am, as follows:  Vendor:  Bid Amount 2009 Mack/Heil: $26,866.00 $38,000.00  Bid Amount2018 Mack/Heil: $190,890.00 $220,000.00  Total:  Carolina Environmental Systems Kernersville, NC City ofLenoir Lenoir, NC Recommendation:  $217,756.00 $258,000.00  Staffrecommends: Council work with the City of] Lenoir to finalize the sale of the refuse trucks.    CITYMANAGER SCOTTE.H HILDEBRAN  MAYOR JOSEPHL. GIBBONS CIYCOUNCIL J.T.BEAL T.H.PERDUE J.LPERKINS T.J,ROHR D.FSTEVENS C.D.T THOMAS B.K.WILLIS  CITYOFLENOIR NORTHCAROLINA  October 24, 2019 Town of Sawmills Attention: Karen Clontz 4076 US Hwy 321A Sawmills NC 28630  RE: Sealed Bid-  Two (2). Automated Refuse Trucks City ofLenoir, North Carolina  Dear Ms. Clontz:  The City of Lenoir appreciates the opportunity to bid on the two (2) automated refuse 2009 LE 600 Mack - Low Entry Tandem, Serial #7E7302994: $38,000.00 2018 LR 613 Mack - Low Entry Tandem, Serial #7E7306229: $220,000.00  trucks currently being auctioned by the Town of Sawmills. Our bids are as follows:  TOTAL BID for both trucks: $258,000.00  Additionally, we understand that the Sawmills Volunteer Fire Department, through discussions with the City ofLenoir Fire Department, has expressed interest in the forty (40) feet- length enclosed trailer currently being used for storage by the City of Lenoir Fire Department. We also understand that the Sawmills Volunteer Fire Department functions independently of the Town of Sawmills, but as a good faith effort to benefit the Town of Sawmills and larger Sawmills community, we would like to offer the trailer to the Sawmills Volunteer Fire  Department for no cost (approximate $2,500.00 value).  Again, the City of Lenoir appreciates the opportunity to submit these bids and looks forward to continuing to build upon our outstanding relationship with the Town of Sawmills.  Please contact us if you have any questions regarding our bid submittal..  Sincerely, CITY OF LENOIR PUBLIC WORKS DEPARTMENT JARED Fer Public Works Director  Lenoir 2008  Lenoir  POST OFFICE BOX 958 LENOIR, NORTH CAROLINA 28645-0958 . (828) 757-2200    Carolina Environmental Systems, Inc. 306 Pineview Drive, Kernersville, NC 27284 2701 White Horse Road, Greenville, SC 29611 500 Lee Industrial Blvd, Austell, Ga 30168  800-239-7796 9/16/2019  Town of Sawmills, NC 4076 US Hwy 321A Sawmills, NC28630 Attn: Karen Clontz To whom it concerns,  Carolina Environmental Systems Inc. is pleased to make a bid on the following 2 Mack Automated side loaders due 9/27/2019, 10AM opening,  2009 Mack LE600 Vin # IM2AU02C49M003002 With Heil Python automated body 7E7302994 2018 Mack LR613 Vin # IM2LR06C2JM003556 With Heil Python automated body 7E7306229  $2 26,866.00 $190,890.00  We at Carolina Environmental Systems, Inc. appreciate this opportunity to  bid on these two units.  This offer is good for 45 days after opening of 9/27/2019 at 10 AM  Sincerely, 744 Mark L Powell Used equip. mgr.    AGENDAITEMI0E  MEMO DATE: SUBJECT:  October 15, 2019 Financial Matters: Resolution Approving Conveyance of Property to Another Unit of Government in North Carolina Pursuant to  G.S. 160A-274  Discussion:  In order to sale the two refuse trucks to the City ofLenoir, a Resolution Approving Conveyance ofProperty to Another Unit of Government in North Carolina pursuant to North Carolina General Statute 160A-274, is needed to complete the sale. A copy of the Resolution is attached Staff conducted the bid opening and has determined that it is in the best interest of the Town to convey the two (2) refuse trucks, a 2009 LE 600 Mack-Low Entry Tandem, Serial Number 7E7302994 and a 2018 LR 613 Mack-Low Entry Tandem, Serial Number 7E7306229, to the City ofLenoir. Said vehicles are conveyed "As Is", "Where Is" for the sum of two hundred fifty-eight thousand dollars ($258,000.00) and the transfer from the City ofLenoir to the Town of Sawmills ofa forty (40) feet-length trailer currently being used by the City ofLenoir Fire Department. Said trailer will then be donated to the Sawmills Volunteer Fire Department on  tot this memo.  behalf oft the City ofLenoir Fire Department.  Recommendation:  Staffrecommends: Council adopt the Resolution as drafted.    Town of Sawmills Caldwell County  Prepared by: Terry M. Taylor, Attorney at Law  Resolution Approving Conveyance of Property to Another Unit ofGovernment in North Carolina  Pursuant to G.S. 160A-274  WHEREAS, the Town of Sawmills owns a two (2) refuse trucks: a 2009 LE 600 Mack- Low Entry Tandem, Serial #7E7302994 and a 2018 LR 613 Mack - Low Entry Tandem, WHEREAS, North Carolina General Statute 8 160A-274 authorizes a governmental unit in this state to exchange with, lease to, lease from, sell to, or purchase from any other governmental unit any interest in real or personal property upon such terms and conditions as the governmental unit deems wise, with or without consideration; and WHEREAS, the Town of Sawmills has determined that it is in the best interest of the Town to convey two (2) refuse trucks to the City ofLenoir, and deems it wise to do so for the Sales Price of Two Hundred Fifty-Eight Thousand Dollars and No/100ths ($258,000.00) and the transfer from the City ofLenoir to the Town of Sawmills ofa forty (40) feet-length trailer currently being used by the City ofLenoir Fire Department.  Serial #7E7306229; and  THEREFORE, THE SAWMILLS TOWN COUNCIL RESOLVES THAT:  1. The Town of Sawmills also hereby authorize the conveyance to the City of] Lenoir of the following vehicles as they are no longer needed by the Town of sawmills, that being two (2) refuse trucks: a 2009 LE 600 Mack - Low Entry Tandem, Serial #7E7302994 and a 2018 LR 613 Mack - Low Entry Tandem, Serial #7E7306229 (See 2. The vehicles herein described shall be conveyed "As Is", "Where Is" for the sum of Two Hundred Fifty-Eight Thousand Dollars and No/100ths ($258,000.00) and the transfer from the City ofLenoir to the Town of Sawmills ofa forty (40) feet-length trailer currently being used by the City of Lenoir Fire Department (See the Title attached as 3. The Mayor is hereby authorized to execute all documents necessary to convey the  copies ofTitles attached as Exhibit A and B).  Exhibit C) for no additional consideration.  property in the manner authorized by this Resolution.  2504-44.1    Adopted this the  day of October, 2019.  MAYOR: By:  Johnnie Greene, Mayor  ATTEST:  Julie A. Good, Clerk [Clerk Seal]  Approved as to Form:  Terry M. Taylor, Attorney  Karen Clontz, Finance Officer  250444.1    STATE OF NORTH CAROLINA COUNTY OF CALDWELL  BILLOFSALE  KNOW ALL MEN BY THESE PRESENTS, that CITY OF LENOIR, hereinafter referred to as "Seller," and TOWN OF SAWMILLS, hereinafter referred to as "Buyer" for and in consideration of the sum of Two Hundred Fifty-Eight Thousand and No/100ths Dollars ($258,000) and a forty (40) feet-length trailer currently being used by the City ofLenoir Fire Department, paid by Buyer, the receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed, transferred and delivered, and by these presents does bargain, sell, grant, convey, transfer and deliver unto the  aforementioned Buyer the items set forth below:  YEAR: MAKE: MODEL: SERIAL: TITLE NO.: MILEAGE:  Seller warrants that Seller is the legal owner oft the above described property and that it is free and clear from all liens and encumbrances, that Seller will warrant and defend the title of the subject property against the claims and demands of all persons and/or entities, and that Seller will cooperate in executing any documents necessary in transferring the title (if any) to said property "AS IS", with no representations or warranties as to the condition of the property, whether express or implied, except the  warranty oft title as set forth herein.  IN WITNESS WHEREOF, the Seller has executed this Bill of Sale as of this  day of  2019.  SELLER: CITY OF LENOIR:  By: Name: Title:  250457.1    STATE OF NORTH CAROLINA  COUNTY OF hereby certify that  a Notary Public for  County, North Carolina, do personally appeared before me this  day and acknowledged the due execution oft the foregoing instrument.  Witness my hand and seal this  day of_  2019.  Notary Public My Commission Expires:  ACCEPTED AND AGREED BY BUYER THIS  DAY OF  2019.  BUYER: By:  TOWN OF SAWMILLS Johnnie Greene, Mayor  STATE OF NORTH CAROLINA  COUNTY OF  a Notary Public for  County, State of North  Carolina, do hereby certify that Johnnie Greene, Mayor of the Town of Sawmills, personally appeared  before me this day and acknowledged the due execution ofthe foregoing instrument.  Witness my hand and seal this  day of  2019.  Notary Public My Commission Expires:  250457.1    STATE OF NORTH CAROLINA COUNTY OF CALDWELL  BILL OF SALE  KNOW ALL MEN BY THESE PRESENTS, that TOWN OF SAWMILLS, hereinafter referred to as "Seller," and CITY OF LENOIR, hereinafter referred to as "Buyer" for and in consideration of the sum of Two Hundred Fifty-Eight Thousand and No/100ths Dollars ($258,000) and a forty (40) feet-length trailer currently being used by the City of Lenoir Fire Department, paid by Buyer, the receipt of which is hereby acknowledged, has granted, bargained, sold, conveyed, transferred and delivered, and by these presents does bargain, sell, grant, convey, transfer and deliver unto  the aforementioned Buyer the items set forth below:  YEAR: 2009 MAKE: MACK MODEL:LE SERIAL: 7E7302994 TITLE NO.: MILEAGE: YEAR: 2018 MAKE: MACK MODEL:LR SERIAL:7E7306229 TITLE NO.: MILEAGE:  Seller warrants that Seller is the legal owner of the above described property and that it is free and clear from all liens and encumbrances, that Seller will warrant and defend the title of the subject property against the claims and demands of all persons and/or entities, and that Seller will cooperate in executing any documents necessary in transferring the title (if any) to said property "AS IS", with no representations or warranties as to the condition of the property, whether express or implied, except the  warranty oftitle as set forth herein.  IN WITNESS WHEREOF, the Seller has executed this Bill of Sale as of this  day of  2019.  SELLER:  TOWN OF SAWMILLS  By:  Johnnie Greene, Mayor  ATTEST: Julie A. Good, Clerk  250445.1    STATE OF NORTH CAROLINA  COUNTY OF  a Notary Public of  County, North  Carolina, do hereby certify that Julie A. Good, personally appeared before me this day and acknowledged that she is Town Clerk of Town of Sawmills, a North Carolina Municipal Corporation, and that by authority given and as the act of the North Carolina Municipal Corporation, the foregoing instrument was signed in its name by Johnnie Greene, as Mayor, sealed with its  corporate seal, and attested by herself as its Town Clerk.  Witness my hand and seal this  day of_  2019.  Notary Public My Commission Expires:  ACCEPTED AND AGREED BY BUYER THIS  DAYOF  2019.  BUYER: CITY OF LENOIR  By: Name: Address: Telephone: E-Mail: Tax I.D. No.:  STATE OF COUNTY OF  a Notary Public for  County, State of personally 2019.  do hereby certify that  appeared before me this day and acknowledged the due execution ofthe foregoing instrument.  Witness my hand and seal this  day of_  Notary Public My Commission Expires:  2504-5.1    AGENDA ITEM 12A  MEMO DATE: SUBJECT:  October 15,2019 Updates: Code Enforcement Monthly Report  Discussion: the town. Recommendation: No Council action required.  The attached report shows the progress that Planner Hunter Nestor continues to make throughout