AGENDA Sawmills Town Hall Tuesday, August 16, 2016 6:00 pm Regular Meeting ofthe Sawmills Town Council 1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Public Hearing: 000 Helena St Rezoning A. Open Public Hearing B. StaffComments/Recommendations C. Public Comment D. Close Public Hearing . Council Action 9. Discussion: Mayor Joe Wesson Pastor Rick Bowman Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Town Administrator Christopher Todd Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Town Administrator Christopher Todd Mayor Joe Wesson A. July 19, 2016. Regular Meeting Minutes B. July 19,2016 Closed Session Minutes A. Call for Public Hearing for CDBG Sewer Grant B. Town Hall Bollard Proposal 10. Financial Matters: A. Elmore Drive Bid 11. Planning Matters: 12. Updates: A. Call for Public Hearing for Text Amendment for Minor Subdivisions Town Administrator Christopher Todd A. Code Enforcement Monthly Report B, Council Comments 13, Closed Session: Attorney/Client Privilege Town Administrator Christopher Todd Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson 14. Adjourn Page lof5 TUESDAY,JULYI 19,2016 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00 PM COUNCIL PRESENT Joe Wesson Gerelene Blevins Jeff Wilson Joe Norman Keith Warren Reed Lingerfelt STAFF PRESENT Christopher Todd Terry Taylor Julie A Good CALL TO ORDER: Mayor Joe Wesson called the meeting to order. INVOCATION: Pastor Ron Burgett gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Joe Wesson led the Pledge of Allegiance. ADOPT AGENDA: Mayor Joe Wesson asked for a motion to adopt the July 19, 2016 Keith Warren made a motion, and Gerelene Blevins seconded, to adopt the June 21, 2016 Agenda. agenda. APPROVE JUNE 21, 2016 REGULAR MEETING MINUTES: Mayor Joe Wesson Joe Norman made a motion, and Reed Lingerfelt seconded, to approve the June 21, 2016 asked for a motion to approve the June 21,2016: regular meeting minutes. regular meeting minutes. All were in favor. APPROVE JUNE 21, 2016 CLOSED SESSION MINUTES: Mayor Joe Wesson asked Gerelene Blevins made a motion, and Joe Norman seconded, to approve the June 21, 2016 fora a motion to approve the June 21, 2016 closed session minutes. closed session minutes. All were in favor. PUBLIC COMMENT: Mayor Joe Wesson asked if anyone had any questions or comments at this time. No one wished to speak. July 19, 2016 Page 2of5 RECOGNITIONS: RECYCLE REWARDS WINNER: Mayor Joe Wesson announced Mr. Roy Barham, as the July Recycle Rewards winner. A credit oftwenty-eight dollars ($28.00) will be added to his sanitation bill. No Council action was required. FINANCIAL MATTERS: TOWN CAR: Town Administrator Christopher Todd stated that a new town car was approved during the budget process this year. Public Works Director, Ronnie Coffey, received a quote from Asheville Ford Lincoln for a 2017 Ford Fusion sedan in the amount of seventeen thousand three hundred seventeen dollars and eighty-four cents ($17,317.84), which includes a government discount. There had been twenty-five thousand dollars The quote includes a basic Ford warranty package: a three (3) year long, or up to thirty-six thousand (36,000) mile "Bumper to Bumper", warranty; and a five (5) year, or up to sixty Joe Norman made a motion, and Reed Lingerfelt seconded, to purchase a new town car from Asheville Ford Lincoln in the amount of seventeen thousand three hundred seventeen dollars and eighty-four cents ($17,317.84). The vote passed 4 to 1 with Gerelene Blevins ($25,000) budgeted for the purchase of a town car. thousand (60,000) mile, powertrain warranty. being the only Council Member opposed. CALDWELL COUNCIL ON ADOLESCENT HEALTH DONATION REQUEST: Mayor Joe Wesson stated that Caldwell Council on Adolescent Health had requested a Gerelene Blevins made a motion, and Keith Warren seconded, to give a donation in the amount of one hundred dollars ($100.00) to Caldwell Council on Adolescent Health. All donation in the amount ofone hundred dollars ($100.00). were in favor. CALDWELL COUNTY D.A.R.E. DONATION REQUEST: Mayor Joe Wesson stated that Caldwell County D.A.R.E. had requested a donation in the amount of one hundred Gerelene Blevins made a motion, and Joe Norman seconded, to give a donation in the amount of one hundred dollars ($100.00) to Caldwell County D.A.R.E. All were in favor. dollars ($100.00). July 19,2016 Page3of5 DISPOSAL OF UNSCHEDULED RECORDS: Mayor Joe Wesson stated that the attached list shows all records that staff would like to destroy in accordance with the North Reid Lingerfelt made a motion, and Joe Norman seconded, for staff to destroy all records on Carolina General Statutes Municipal Records and Disposition Schedule. the attached list. All were in favor. PLANNING MATTERS: CALL FOR PUBLIC HEARING FOR REZONING FOR 000 HELENA ST: Town Planner Elinor Hiltz stated that the 000 Helena St faces the back of Marx Industries, a manufacturer in the center of downtown. The subject property has homes on the other three (3) sides. The home to the back of the subject property is on twenty (20) acres. Halfo oft the The property can be serviced by water and sewer which is an argument for developing the This site is not environmentally sensitive. The site has no floodplain. The site is in the Watershed Protected Area which means thirty-six percent (36%) can be built upon. The 2005 Comprehensive Plan recommends establishing a "Central; Business District" on the same block as the subject property, SO rezoning the property would be consistent. Jeff Wilson made a motion, and Reed Lingerfelt seconded, to hold a public hearing on twenty (20) acres is farmland and the other halfi is wooded. property as something more dense than low-density residential. August 16, 2016: for rezoning for 000 Helena St. All were in favor. UPDATES: JULY CODE ENFORCEMENT REPORT: Town Planner Elinor Hiltz stated that there are fourteen (14) code enforcement cases open: Caldwell Ready Mix Concrete is the owner of an abandoned mobile home, abandoned concrete factory, and a mosquito pond. Town Planner will send letter to Teresa Annas Compton is the owner ofa dilapidated house located at 4476 Sawmills School Road. Town Planner Elinor Hiltz sent letter on June 21, 2016, asking owner Charles Hagaman, owner of 1940 Leah Drive #4. Tim Hart asked for a ninety day (90) extension. Town Planner will check back on October 7,2016; Peter Rowe, owner of 4016 and 4017 Cloninger Way. Need to ask Code owner; too come in for an appointment; Enforcement Committee to ask Council to abate; July 19, 2016 Page4of5 Randall Hamby at 3632 Coble Dairy Road. Labor Day weekend deadline for replacing any trees that are missing Owner wants to survey property to see ifh he can WNC Properties, LLC owner of 4209 Creekview P1. Minimum housing complaint. Wanda and Richard Greene at 4205 Trojan Lane. Case closed, owners mowed yard; David and Amy Dula at 2303 OJLane. High grass. Need to contact mower for John Wilcox, owner ofLot #6 on Ellen Street. High grass. Need to contact mower Nancy Greene at 4446 Villa Lane. Junk in yard. Check back on July 21,20161 to see that white car has been pulled onto driveway and covered. All other complaints have Casey Lynn Wallace, owner of 3950-1 Walters MHP Drive. Minimum housing complaint. Complainant was to pick petition up at Town Hall to collect five (5) Troy Wilson, owner of 4497 Diamond Street. Case closed, owner. mowed yard; Tasco Properties owner of 2155 White Pine Dr #13. Emailed petition to do ministorage; Sent petition to complainant to collect five (5) signatures; quote; for quote, specifically for weedeating; been fixed; signatures; complainant to collect five (5) signatures. No Council action was required. COUNCIL COMMENT: Mayor Joe Wesson asked if anyone on the Council had any questions or comments at this Joe Norman wanted to thank everyone for coming. Joe Norman also stated that the Council Keith Warren stated that he appreciated everyone coming and wanted to thank the Lord for Gerelene Blevins stated that she wanted to thank everyone for coming out and she wants something to be done about the mosquito pond and the Sawmills School Rd house. Gerelene Blevins also wanted to inform everyone that the skating rink is rented and will be time. worked hard on the finalized budget. another day. opening Friday, July2 22,2016. Jeff Wilson stated that hel hoped everyone had a good 4"ofJuly holiday. Reed Lingerfelt stated that he would like to thank everyone for coming and stated he wished we could get more people to the meetings. Reed Lingerfelt also stated that he is happy with the finalized budget. It was his first budget process and he was glad it was over. Mayor Joe Wesson stated that he wanted to thank anyone for coming out. Mayor Joe July 19,2 2016 Page 5of5 Wesson also stated that the Town has a very good budget this year and wanted to thank Town staff and employees for all the help with the budget and the Town. Mayor Joe Wesson also stated that he wanted to invite more citizens to come out and voice their Mayor Joe Wesson wanted to invite the public to a Parks and Rec Committee meeting on Monday,July2 25, 2016 beginning at 3:00 pm in Council Chambers at the Town Hall. opinions. Council intends to take every concern tol heart. CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Joe Wesson asked for ai motion to go into closed session. Reed Lingerfelt made a motion, and Keith Warren seconded, to go into Closed Session at 6:30 pm. All were in favor. Gerelene Blevins made a motion, and Joe Norman seconded, to come out of Closed Session at 6:48 pm. All were in favor. OPEN MEETING ACTION ITEMS: After returning to open session. Mayor Joe Wesson stated that Council had discussed the Elmore Drive Project additional Hold Harmless Agreement to remoye one (1) extra tree between the Town, Mike Mull and Dallas Wilcox. Joe Norman made a motion, and Gerelene Blevins seconded, to have the Hold Harmless Agreement signed by the Town, Mike Mull and Dallas Wilcox. The vote passed 4 to 1 with Jeff Wilson being the only Council Member opposed. COUNCIL ADJOURN: Mayor Joe Wesson asked for a motion to adjourn. Reed Lingerfelt made a motion, and Keith Warren seconded, to adjourn the meeting. All were: in favor. Julie A Good, Town Clerk Joe Wesson, Mayor AGENDA ITEM7A MEMO DATE: SUBJECT: August 16, 2016 Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Gene Crotts on winning the Recycle Rewards Program for the month of August. Mayor Joe Wesson will present him with a Certificate of Appreciation. A twenty-eight dollar ($28.00) credit will be added to the current sanitation bill. Recommendation: No Council action is required. MAYOR Joe Wesson TOWN ADMINISTRATOR Christopher Todd TOWN PLANNER Elinor Hiltz TOWN COUNCIL Keith Warren, Mayor Pro-Tem Gerelene Blevins Joe Norman Jeff Wilson Reed Lingerfelt DFSNR CORPORATED 1969 Agenda Item #8B COUNCILMEETING August16, 2016 6:00 PM PLANNER'S STAFF REPORT REZONING: 000 Helena St, #2766-54-4751 Size ofArea to be Rezoned: 4 acres CurrentZone and Permitted Uses: RA-20 Permitted Uses: dwellings (one and two-family), residential accessory buildings, churches, family care homes, fowl, horses, livestock, customary home occupations, mobile homes on individual lots, parks, publicservices facilities, riding stables Conditional Uses: accessory dwellings, airports, cemeteries, country clubs, greenhouses, other home occupations, horticultural nurseries, non-profit parks, temporarymobile homes, produce stands, schools Requested Zone and Permitted Uses: HB Permitted Uses: antiques stores, art galleries, art good stores, assembly halls, automobile parking lot and structures, automobile parts and supplies, automobile repair garages, automobile sales, automobile washing establishments, bakeries, banks with and without drive-thrus, barbershop and beauty shops, boarding houses, boat sales, bookstores, building supply and equipment sales, bus stations, business, professional, government, religious, charitable or fraternal offices or agencies, camera supply stores, candy stores, clothing stores, coliseums, convalescent homes, dairy bars, dental clinics, dental labs, department stores, drug stores, dry cleaners, dry goods stores, electric repair shops, electrical and electronic products sales, fabric stores, feed and seed stores, floor covering stores, florists, fowl, funeral homes, furniture stores, gift shops, greenhouses, grocery, food, produce, fruit, and meat stores, gunsmiths, gymnasiums, hardware stores, hobby and craft stores, horticultural nurseries, hotels, household appliance stores, ice cream manufacturing for only on- site retail sales, inns, jewelry repair shops, kindergartens, laundromats and similar automatic laundries, laundry pick-up stations, libraries, livestock, loan offices and agencies, locksmiths, magazine stores, medical clinics, medical labs, metal fabrication shops, millinery shops, motels, museums, music stores, newspaper offices, offices, office supplies sales and services, opticians, paint stores, pet stores, photo studios, Page 1 of11 plumbing shops without open storage, prepared foods and miscellaneous food product manufacturing, printing, publishing, and reproducing establishments, public service facilities, radio and TV repair shops, railroad stations, repair uses not otherwise named, rest homes, restaurants without drive-thru, schools, service stations, shoe repair and shine shops, sign painting and fabricating shops, sporting goods stores, stationary stores, tailor and dressmaking shops, telephone and telegraph offices, textile fabrication shops (10 or fewer employees), tourist houses, toy stores, trucking terminals, variety stores, wholesale and warehousing establishments (except for uncured hides, explosives, oil products, gas storage, and the like), wood fabrication Conditional Uses: abattoirs, accessory structure, commercial (see $153.071), adult establishments, bowling alleys, miniature golf courses, commercial recreational facilities, restaurant with drive-thru, retail establishments not otherwise named, riding stables, skating rinks, telecommunication towers and antennas, wholesale establishments not otherwise named, wholesale storage of gasoline and oil products shops (10or fewer employees) including bottled gas and oxygen Description ofSurrounding Area: The property faces the back of Marx Industries, a manufacturer in the center of downtown. The subject property has homes on the other three sides. The home to the back of the subject property sits on 20 acres. Half of the 20 acres is farmland and the other halfi is wooded. Utilities Analysis: The property can be served by water and sewer which is an argument for developing the property as something more dense than low-density residential. Environmental Analysis: This site is not environmentally sensitive according to the data published by the NC Wildlife Commission for the maps used as part of the pending Comprehensive Plan. The site has no floodplain. The site is in the Watershed Protected Area which means 36 percent can be built-upon. Schools Analysis: appropriate school districts. Highway Business use would not impact the elementary, middle, or high schools in the Consistency with Future Land Use Plan: The 2005 Comprehensive Plan recommends establishing a "Central Business District" on the same block as the subject property, sO rezoning the property would be consistent. Staffrecommendation: Recommend approval of the rezoning. Note: To the best of our knowledge existing buildings have not yet been reviewed, inspected or approved by Caldwell County Building Inspections. Any questions as to the currents uses of the property should occur during any Board of Adjustment hearings scheduled in the future. Page 2 of11 Action Needed: STATEMENT of PUBLICINTEREST: Read this or a similar statement: "This rezoning from residential to Highway Business should create a space for businesses in MOTION: TO APPROVE "because this rezoning would be consistent with the Comprehensive Plan's recommendation for a Central Business District downtown". Or, MOTION TO DENY for a public interest or Comprehensive Plan reason. Sawmills' downtown." Page 3 of11 DG CEINEE TARIEGNEN Page 4 of11 Figure A: subject property Page 5of11 Figure B: subject property Page 6of11 Figure C: adjacentproperty to west Page 7of11 Figure D: adjacent property to west with ROW to adjacent property to south Page 8 of11 Figure E: adjacent property to east Page 9 of11 Figure F: across from subject property Page 10 of11 Figure G: front of subject property Page 11 of11 AGENDA ITEM9 9A MEMO DATE: SUBJECT: August 16, 2016 Discussion: Call for Public Hearing For CDBG Sewer Grant Discussion: The WPCOG will be surveying for the sewer project grant August 11 and 12, 2016. The public notification article for the CDBG Sewer Grant will be available for Council at the Council Meeting. Recommendation: No Council action required. AGENDAI ITEM9B MEMO DATE: SUBJECT: August 16, 2016 Discussion: Town Hall Bollard Proposal Discussion: Town Staff has discussed placing bollards in front ofTown Hall to protect citizens who are walking on the sidewalk to enter Town Hall. With nothing to stop citizens from parking in front ofTown Hall, there have been some concerns brought up with the way vehicles are pulling in The attached pictures show how the bollards will be placed to protect citizens and staff. and parking very close to the sidewalk. Recommendation: Staff recommends Council discuss this matter and decide how they wish to proceed. VAVLLS TUNL MAB AGENDA ITEMI 10A MEMO DATE: SUBJECT: August 16, 2016 Financial Matters: Elmore Drive Bid Discussion: The bid opening for the Elmore Drive paving and water project is scheduled for August 11, 2016. The bid packets will be available for review at the Council Meeting. Recommendation: Staff recommends Council discuss this matter and decide how they wish to proceed. MAYOR Joe Wesson TOWN ADMINISTRATOR Christopher Todd TOWN PLANNER Elinor Hiltz TOWN COUNCIL Keith Warren, Mayor Pro-Tem Gerelene Blevins Joe Norman Jeff Wilson Reed Lingerfelt VOFSAWIN MAC CORPORATED 19B4 0 o. COUNCIL MEETING Agenda Item #11A August 16, 2016 6:00 PM PLANNER'S STAFF REPORT MINOR SUBDIVISIONS PROPOSAL Status: In mostj jurisdictions minor subdivisions are reviewed and approved in-house since the applicant is not building a new road and there are not that many factors to consider or outside agencies to consult, unlike major subdivisions. A majority of the plat submittals in Sawmills are one-lot splits and family subdivisions. The purpose of this amendment is to speed up the review process for those types ofapplications. This proposal is to drop the requirement that family splits and minor subdivisions must be reviewed by the Subdivision Review Board (SRB) and Council, This proposal does not change the procedures for major subdivisions in which SRB reviews the preliminary plat and then SRB, Planning Board, and Council review the final plat. The Sawmills Comprehensive Plan says neighborhoods should safeguard land, water, energy, and historic resources. This proposed text amendment would not affect that Consistency with Comprehensive Plan: goal. Action Needed: CALLFOR PUBLIC HEARING for September 20, 2016 at 6:00 Subdivision Regulations $152.015 PREREQUISITE TO PLAT RECORDATION. After the effective date oft this chapter, each individual subdivision plat ofland within the town's jurisdiction shall be approved by the Planning Department by the standards set forth in this ordinance. bythe-Tewr-Cewmaikeersemendatiem-em-he-fowaPaningeanumessessethewisesetferth $152.035 PROCEDURE FOR REVIEW OF DIVISIONS OR ALTERATIONS OF PROPERTY LINES WHERE NOLOCAL APPROVAL IS REQUIRED, AND REVIEW OF MINOR AND herein MAJOR SUBDIVISIONS. (A) All subdivisions shall be considered major subdivisions except those defined as minor subdivisions in this subchapter. Divisions or alterations of property lines where no local approval is required shall be reviewed in accordance with the requirements in $ 152.036 to verify that status. Minor subdivisions shall be reviewed in accordance with SS 152.037 and 152.040. Major subdivisions shall be reviewed in accordance with the requirements in SS 152.038 through 152.040. (B) For purposes ofthese regulations, a MINOR SUBDIVISIONis defined as the following: (1) The division ofa tract of land, regardless of period of time, into not more than five lots or parcels which front on an existing state maintained road or existing private road constructed to the specifications of this chapter; all further divisions of the parent tract into any additional lots or parcels shall be considered a major subdivision, and shall be subject to the requirements of 88 152.038 and 152.040; (2) Does not involve any new street or prospectively require any new street for access to (3) Does not create any new or residual lots or parcels not conforming to the requirements of interior property; this chapter; and (4) All included land must be under one ownership or sponsor. $152.036 PROCEDURE FOR REVIEW OF DIVISIONS OR ALTERATION OF PROPERTY LINES WHERE NOLOCAL APPROVAL IS REQUIRED. (A) The subdivider shall submit to the Town Planning Department a Mylar and at least four copies of the proposed recombination or division. For the purpose of this section a division or manipulation (B) The Town Planning Department shall review the submitted division or alteration of property lines to ensure the division or alteration of the lots or parcels will not adversely affect the property or (C) After the Town Planning Department has determined that the division or alteration of the lot(s) or parcel(s) meet the criteria laid out in G.S. 8 160A-376 and will not have adverse where no local approval is required shall be defined by 8 152.005. any surrounding properties or create residual nonconforming lots. consequences, the following certificate shall be placed on the face of the plat that acknowledges no approval is required from the Subdivision Regulations. Certificate ofNo. Approval Required Icertify that the plat shown hereon qualifies as division or alteration in property lines where no local approval is required as outlined under North Carolina General Statutes S 160A-376. Town of Sawmills Planner Date NOTE: See the definition of subdivision as contained in 8 152.005 for list of platting events where no local approval is required. $152.037 PROCEDURE FOR REVIEW OF MINOR SUBDIVISIONS. (A) The subdivider shall submit to the Town Planning Department a Mylar and at least four copies (B) The Town Planning Department shall review the minor subdivision for complete compliance with the requirements outlined for final approval of subdivisions contained within this chapter. The Subdivisien-Review-BeBaerdehalmaeereeremmemdatiepotelieTowm.Cemnsiemdandthe-Towr-Cemel hallyeie-whetherieappovetaeminersubdiwisien-The final plat shall be complete and show all information required for preliminary and final plats in $ 152.040, and all certificates and notarizations (C) The final plat shall be of a size suitable for recording with the County Register of] Deeds. (D) Forms for fnal certifications. The following certificates shall appear on the final plat. oft the proposed subdivision. required in this section for final plat approval ofa a minor subdivision. Maps with appropriate match lines may be placed on more than one sheet. (1) Certificate offinal approval ofar minor subdivision. We, the undersigned hereby certify that the subdivision entitled fully meets the minimum requirements ofthe' Town of Sawmills Subdivision Regulations, however before any lot can be built upon, either an improvement permit must be obtained from the Caldwell County Health Department toa allow a septic tank disposal system to be located thereon and to approve the placement of any well thereon or public water and/or sewer must be available. The approval or the recordation of this map in no way guarantees that any lot shown hereon can or will be permitted for a septic tank or for placement ofa well. Town of Sawmills Planner (2) Certificate ofownership and dedication. Date 24 Page 2 of10 I(We) hereby certify that I am (we are) the owner(s) oft thej property shown and described hereon and that I(we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all roads, alleys, walks, parks and other sites to (public or private*, choose whichever is applicable) useas noted. Further, I(we) certify the land as shown hereon is within the platting jurisdiction oft the Town of Sawmills. Owner Date North Carolina Caldwell County I, certify that stamp or seal this Notary Public My Commission expires anotary public oft the county and state aforesaid personally came before me this day and acknowledged the execution ofthe foregoing instrument. Witness my hand and official day of 20 *Ifprivate, an approved Road Maintenance Agreement must be submitted and recorded prior to the recording ofthis plat. (3) Certificate ofaccuracy. (As required under G.S. 8 47-30 as amended) Licensed Surveyor (4) Review Officer' 's certificate. Date State ofNorth Carolina, County ofCaldwell I, Review Officer of Sawmills certify that the map or plat to which this Certification is affixed meets all statutory requirements for recording. Review Officer Date Town Engineer certificate. I, Town Engineer of Sawmills certify that all public water and/or sewer lines installed were inspected and are in conformity with all applicable Town and State standards. Town Engineer Date $152.038 PROCEDURE FOR PRELIMINARY REVIEW OF MAJOR SUBDIVISIONS. (A) The subdivider shall submit the following to the Town Planning Department at least 14 days (1) Atl least four copies of the proposed subdivision prepared in accordance with the requirements of 8 152.040. Additional prints may be required when deemed necessary; each lot, including any protective covenants to be applied to the subdivision; prior to a scheduled meeting of the Subdivision Review Board: (2) A description oft thej proposed method of providing a water supply and sewer disposal for (3) One copy of any required supplemental information. An erosion control plan if applicable, stormwater control measures and the like; and (4) A street profile. (B) Before acting on a preliminary plat the Subdivision Review Board shall require that the plat be submitted to the District Highway Engineer for NCDOT and the Town Engineer for review and comment as to the proposed streets and the drainage system; the Caldwell County Health Director or Town Engineer, as is applicable for his or her approval as to the proposed water and sewage disposal system; the Caldwell County School Superintendent for his or her information; and other agencies and (C) Ifthe Subdivision Review Board disapproves or conditionally approves the preliminary plat, the reason for that action shall be noted in the Subdivision Review Board's minutes and reference shall bei made to the specific sections ofthe ordinance with which the preliminary plat does not comply, if applicable. The applicant shall receive the denial in writing from town planning staff. (D) Preliminary plat approvals are valid for the period of one year per phase. Each phase ofthe development shall be started within two years of final approval of the previous phase and in the order shown on the approved preliminary plat. Each phase shall be constructed, excluding the initial phase, within three years oft the final approval date of the previous phase. The initial phase of the development shall be completed within one, year of preliminary plat approval. officials as the Town Planner deems necessary or desirable. (E) Phases approved as part ofa greater preliminary plan which are unable to be completed within the one-year time constraint may request that the Subdivision Review Board grant an extension to the time allotted to complete the phase under construction. The Subdivision Review Board may grant extensions not exceeding one year in length upon written application and upon findings by the Page 4 of10 Subdivision Review Board that good cause exists, provided that the total cumulative term oft the extensions shall not exceed four years per phase of the overall development. (Ord. $ 73, passed 1-26-2007) 81 152.039 PROCEDURE FOR FINAL APPROVAL OF MAJOR SUBDIVISIONS. Where a permit is required for the construction of any building or other improvement, the permit shall not be issued until a final plat, meeting the requirements oft this chapter, has been approved by the Subdivision Review Board. The procedures for obtaining final plat approval are as follows. (A) The subdivider within one year of the date of preliminary plat approval, and at least 14 days prior to a scheduled meeting of the Subdivision Review Board shall submit to the Planning Department an original Mylar and at least four copies ofthe final plat. The final plat shall adhere to all requirements oft this section and $ 152.040. (B) Before acting on the final plat the Subdivision Review Board shall request reports from the District Highway Engineer for NCDOT; or ifa applicable a private consulting engineer, the Caldwell County Health Director, the Caldwell County Public School Superintendent and other officials or agencies affected by the proposed development. The reports shall certify compliance with or note deviations from the requirements of this chapter. (C) Ifthe Subdivision Review Board disapproves the final plat, the reasons for that action shall be noted in the Board's minutes and reference shall bei made to the specific section oft the ordinance with which the plat does not comply. The applicant shall receive written notice from the town planning staff regarding the reasons, including specific sections, for disapproval of the final plat. The written explanation will also address the proper steps and issues that must be taken and/or corrected sO that final approval may be granted. (D) Upon approval ofthe final plat by the Subdivision Review Board, that action shall be noted in writing on the face ofthe original Mylar and on four copies oft the final plat. Two prints and the original Mylar shall be returned to the subdivider for recording. (E) Inspections: (1) The Town Planning Department shall be notified in writing at least 48 hours in advance, excluding weekends and holidays, to schedule all required inspections ofthe work that has been completed. (2) It shall be the responsibility of the subdivider to arrange the proper scheduling of field inspections by the Town Planning Department and any other agencies responsible for approving a particular phase or type ofwork. (3) The Town Planning Department and other inspectors shall be allowed access to all parts ofthe work, and shall be furnished with every reasonable facility to ascertain whether or not the work as performed is in accordance with the specifications. (4) Ifproposed development contains any new public water and/or sewer lines which are to be tied into the town system or maintained by the town, the Town Public Works Department and/or Town Engineer shall inspect and verify their installation. (F) Forms for final certifications. The following certificates shall appear on the final plat. (1) Certificate offnal approval of a major rsubdivision: We, the undersigned hereby certify that the subdivision entitled fully meets the minimum requirements oft the' Town of Sawmills Subdivision Regulations, however, before any lot can be built upon either an improvement permit must be obtained from the Caldwell County Health Department to allow a septic tank disposal system to be located thereon and to approve the placement ofany well thereon or public water and/or sewer must be available. The approval or the recordation of this map in no way, guarantees that any lot shown hereon can or will be permitted for a septic tank or for placement ofa well. Chairperson, Date Sawmills Subdivision Review Board (2) Certificate ofownership and dedication. I(We)hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I (we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all roads, alleys, walks, parks, and other sites to (public or private*, choose whichever is applicable) use as noted. Further, I(we) certify the land as shown hereon is within the platting jurisdiction oft the Town of Sawmills. Owner Date North Carolina Caldwell County I, certify that stamp or seal this Notary Public My Commission expires an notary public of the county and state aforesaid personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official day of 20 *Ifp private, an approved Road Maintenance Agreement must be submitted and recorded prior to the recording oft this plat. (3) Certificate ofaccuracy. Page 6 of10 (As required under G.S. 8 47-30 as amended) Licensed Surveyor (4) Review Officer ' certificate. Date State of North Carolina, County of Caldwell Review Officer ofThe Town of Sawmills certify that the map or plat to which this certification is affixed meets all statutoryr requirements for recording. Review Officer (5) Town Engineer certificate. Date I, Town Engineer ofThe Town of Sawmills certify that all public water and/or sewer lines installed were inspected and are in conformity with all applicable Town and State standards. Town Engineer Date (Ord. $ 74, passed 1-26-2007) SUBDIVISION REVIEW. BOARD; ACTIONSANDAPPEALS $152.110 ESTABLISHMENT OF SUBDIVISION REVIEW BOARD. There is hereby established a Subdivision Review Board to review and approve, approve with modifications, or disapprove applications for approval of preliminary plats, and final plats for major subdivisions, and to take other actions as required by this chapter in accord with the procedures, requirements and standards ofthis chapter and regulations hereunder. (Ord. $92.1, passed 1-26-2007) $152.111 MEMBERSHIP. The Subdivision Review Board shall consist ofthree persons that being the Mayor or his or her designee, Chairperson of the Planning Board and one other Planning Board member along with one alternate from the Planning Board (as they are appointed by the Planning Board). The Subdivision Review Board shall follow the procedures oft the most recent edition of Robert' 's. Rules ofOrder. The alternate, in the absence of any regular member, shall have the same powers and privileges ofr regular members of the Subdivision Review Board. (Ord. S 92.2, passed 1-26-2007) $152.112 POWERS AND DUTIES OFTHE SUBDIVISION REVIEW BOARD. The Subdivision Review Board shall have the following powers and duties: (A) Receive applications for approval of preliminary plats for major subdivisions; (B) Take action under these regulations to approve, approve with conditions or disapprove applications for approval ofpreliminary plats for major subdivisions; (C) Receive applications for approval of final plats for major subdivisions; (D) Takea action under these regulations to approve, approve with conditions or disapprove (E) Reseive-inorsuhdmapatsePtythePanaing-Depariment; (F) Establish minimum requirements for the contents of preliminary plats, and final plats for (G) Procedures for the conduct of the Subdivision Review Board's affairs shall be in accordance (H) Maintain a record oft the Subdivision Review Board's minutes, including the votes ofits (I) Receive the cooperation of the various elements of the government of the county; and 0-SubmittetePamaings Beartamd-TowCeueemeIyrepertonisetvle: applications for approval of final plats of majorsubdivisions; major subdivisions, in accordance with these regulations and state statutes; with Robert's Rules ofOrder; members, attendance and a summary of the information submitted to it; $152.130 FAMILY SUBDIVISIONS. Family subdivisions shall meet the minimum requirements of this chapter except as follows. (A) ( (1) A subdivision where lots are intended to be conveyed to members of the owners' lineal family for the purpose of building a residence for the new owner (family member). Lineal family shall include only direct lineal descendants (children and grandchildren) and direct lineal ascendants (father, mother, grandfather, and grandmother). Lots can be conveyed as a gift or for a nominal consideration. (2) Only one lot may be conveyed to each family member. (B) This chapter is intended to facilitate the subdivision oft the family homestead. Accordingly, the land to be subdivided must have been in the possession of the original owner as oft the date of enactment oft this section, which is May 17, 1999. (C) The cumulative creation ofno more than seven new lots may be approved under this section. Plats consisting of two or fewer lots shall be submitted to the Planning Department for approval and reviewed in accordance with 8 152.037. Paisconsistingefthree-ivelat-alsbesubmitedte-ae Subdivision-Review-Beareandreviewedinaeendanee-ith--152.038. Page 8 of10 (D) All lots created by a Family Subdivision shall have ai recorded 45-footi ingress/egress easement extending to a state maintained road. Ifan existing ingress/egress easement, located on adjoining non- family owned property, is to be utilized, this ingress/egress easement may be utilized at its existing width ifit was: recorded on or prior to May 17, 1999. Within ai newly created 45-foot ingress/egress easement, that is created after May 17, 1999, a gravel drive at least 18 feet in width shall be constructed (E) (1) A plat map is required showing the resulting lots and ingress/egress easements. The plat shall state that iti is a Family Subdivision, and shall state the name(s) oft the owner(s) oft the original tract being subdivided and the specific family member to which the subdivided property is being conveyed. The plat shall be prepared by a licensed surveyor and recorded with the County Register of ifthe easement serves three or more lots. Deeds, 152.043. (2) When possible, Family Subdivisions shall meet the provisions of $8 152.05 through (F) (1) When two or more parcels are created by a Family Subdivision, the required ingress/egress easement shall be named at no cost to the subdivider. (2) When the strict interpretation ofthis chapter prohibits the utilization ofthe Family Subdivision option, the applicant may request a variance from the Town Board of Adjustment ifthe circumstances surrounding the: request clearly demonstrate a hardship as outlined in S 152.145. (G) The following certificates shall be executed on the face of the final plat: (1) Certificate offnal approval ofa. Family Subdivision. We, the undersigned hereby certify that the subdivision entitled fully meets the minimum requirements of the Town of Sawmills Subdivision Regulations; however, before any lot can be built upon, either an improvement permit must be obtained from the Caldwell County Health Department to allow a septic tank disposal system to be located thereon and to approve the placement of any well thereon or public water and/or sewer must be available. The approval or the recordation of this map in no way guarantees that any lot shown hereon can or will bej permitted for a septic system or for placement of a well. Chairpersen, SawmilsSubdivisien-Review-Berd Date Town of Sawmills Planner (2) Certificate ofownership and dedication. I(We)h hereby certify that I am (we are) the owner(s) of the property shown and described hereon and that I( (we) hereby adopt this plan of subdivision with my (our) free consent, establish minimum building lines, and dedicate all roads, alleys, walks, parks, and other sites to (public or private*, whichever is applicable) use as noted. Further, I(we) certify the land as shown hereon is within the plattingjurisdiction of the Town ofSawmills. Owner Date North Carolina Caldwell County I, certify that stamp or seal this Notary Public My Commission expires a1 notary public oft the county and state aforesaid personally came before me this day and acknowledged the execution of the foregoing instrument. Witness my hand and official day of 20 *Ifj private, an approved Road Maintenance Agreement must be submitted and recorded prior to the recording ofthis plat. (3) Certificate ofAccuracy. (As required under G.S. 8 47-30 as amended) Licensed Surveyor (4) Review Officer 's Certificate. Date State ofNorth Carolina, County of Caldwell I, recording. Review Officer (5) Town Engineer Certificate. Review Officer of the Town of Sawmills certify that the map or plat to which this Certification is affixed meets all statutory requirements for Date I Town Engineer ofThe Town of Sawmills certify that all public water and/or sewer lines installed were inspected and are in conformity with all applicable Town and State standards. Town Engineer Date (Ord. $ 95.1, passed 1-26-2007) Page 10 of10 AGENDA ITEM 12A MEMO DATE: SUBJECT: August 16, 2016 Updates: Code Enforcement Monthly Report Discussion: the town. Recommendation: No Council action required. The attached report shows the progress that Planner Elinor Hiltz continues to make throughout