MINUTES King City Council Regular Meeting August 5, 2024  The King City Council convened for its regular meeting at the King City Hall, Council Chambers, 229 S. Main St, King., on Monday, August 5, 2024, at 6:00 pm, The purpose of the meeting was to discuss and make decisions on various city matters. Present at the meeting were Mayor Rick McCraw, Mayor Pro Tem Jane Cole, Councilman Tyler Bowles, Councilwoman Terri Fowler, Councilman Michael Lane, City Manager Scott Barrow, City Clerk Nicole Branshaw, City Engineer Ben Marion, Director of Finance and Personnel Susan O'Brien, City Planner Jon Grace, Police Chief Jordan Boyette, Senior Center Director Paula Hall, Water, Supervisor of Public Works Ricky Lewis, Superintendent of Public Utilities Chuck Moser, Public Works Maintenance Worker Elijah Booe, WTP Chief Operator Taylor Baskin, City Attorney Walter W. Pitt Jr., Chaplain Paul Norman, and Chaplain  Rick Hughes.  Mayor McCraw called the meeting to order. Chaplain Paul Norman offered the invocation.  Mayor McCraw mentioned the community announcements listed on the agenda.  ADJUSTMENTS TO AGENDA  The City Planner asked to add Consent agenda item D, handed out at the start of the meeting, for aF Request for a Public Hearing to Modify the Fire District Map. **SEE DOCUMENT #1**  PUBLICCOMMENT  Mayor McCraw opened the floor to receive public comment at 6:04 p.m.  1. David Taylor, 1211 Westmoreland Rd., King, NC, addressed the Mayor and Council concerning the passing of Danbury's Mayor Janet Whitt. Mr. Taylor expressed his condolences and gratitude for Ms. Whitt and all she had done for the county and the veterans 2. Cynthia Austin, 314 Country Ln., King, addressed the Mayor and Council concerning wanting to thank City Planner Jon Grace for addressing her zoning violation complaints in her neighborhood and addressing them with professionalism, timely, and taking care of the 3. Darrell Calloway, Fire in the Foothills Event, addressed the Mayor and Council concerning the upcoming August 31, 2024, event at the American Legion Post. He invited the Mayor, Council, and Citizens to come out for a good time, stating that this year will be larger and  in Stokes County.  issue.  better than last year  There being no one to give written or verbal requests wishing to speak. Mayor McCraw closed the  meeting's public comment portion. **SEE DOCUMENT #2**  CONSENT AGENDA  Councilwoman Fowler moved to approve the amended consent agenda, adding Item D to Request for a Public Hearing to Modify the Fire District Map. Councilman Lane seconded the motion, which  was carried by a unanimous vote of 4-0.    Consent agenda items were:  A. APPROVAL OF MINUTES: a. July 1, 2024, Regular Meeting SEPTEMBER 3, 2024  B. REQUEST A PUBLIC HEARING DATE FOR DONNAHA PROPERTIES LLC FOR  - SET DATE FOR EMPLOYEE APPRECIATION MEAL  D. REQUEST PUBLIC HEARING TO MODIFY THE FIRE DISTRICT MAP (Added at Start of  Meeting)  PUBLICHEARING FORORDINANCE AMENDMENTINCIYOPI KING CODE OF ORDINANCES- Chapter Mayor McCraw opened the public hearing for the ordinance amendment in the City of King Code of Ordinances - Chapter 32, Ordinance No. 2024-08 at 6:17 pm. There being no one to give written orv verbal requests wishing to speak, Mayor McCraw closed the public hearing at 6:17 pm. The City of King Planning and Inspections Staff is requesting that changes be reviewed and approved to the City of King Code of Ordinances. The affected chapter is Chapter 32-Zoning.  32, with amendments being adopted as Ordinance # 2024-08.  Amendments are being adopted as Ordinance #2024-08.  TEXT AMENDMENTS Type of sign- Projecting Permit Required- Yes  Sec 32-433. - Signs permitted by district.  Number and Spacing- One per business/side Maximum Area of Single Sign- 125q-R-20sAF lllumination- Lighted, but not blinking Location- Shall not hang less than 8 ft. Above ground level  Sec. 32-428. - Prohibited signs. Signs prohibited in all districts are as follows:  (6) No private sign shall be erected in the public right-of-way nor project over the public right-of-way. At all intersections, no signs shall interfere with clear sight distance for any driver crossing or entering a roadway. Wall signs shall be permitted to project up to 18 inches, or 36 inches in B-1 zoning, from a building wall over the public right-of-way if such  projection is necessary to the installation of the sign.  Ina accordance with the Code of Ordinances, Chapter 32-Zoning, Sec. 32-96, the City of King Planning Board/Board of Adjustment reviewed the foregoing amendments on June 24, 2024. It made a formal recommendation to the City Council. The Planning Board voted unanimously to During the July 1, 2024, Regular City Council meeting, the Council voted to table the requested amendment of Sec 32-433. - Signs permitted by district and Sec. 32-428. - Prohibited signs to allow time for City Planner Jon Grace to receive a recommendation from the Downtown King  recommend that the City Council approve Ordinance #2024-08.    Partnership. A letter from Downtown King Partnership was received on 07.25.2024 in support of  the amendment to the ordinances.  Motion  Councilwoman Fowler motioned to approve the ordinance amendments as presented to the City of King Code of Ordinances--Chapter: 32, with amendments adopted as Ordinance # 2024-08. Councilman Lane seconded the motion, which was carried by a unanimous vote of 4-0. **SEE PUBLIC HEARING FOR ORDINANCE AMENDMENT IN CITY OF KING CODE OF ORDINANCES Chapters 22, 26, and 32 sections on watershed regulations with amendments being adopted as Mayor McCraw opened the public hearing for the ordinance amendment in the City of King Code of Ordinances - Chapters 22, 26, and 32 sections on watershed regulations with amendments being adopted as Ordinance # 2024-09 at 6:19 pm. There being no one to give written or verbal requests This amendment comes from the state's overhauling of the developmental regulation back in 2021 (160D amendments). Staff has taken the state's recommended watershed water protection model ordinance and amended our current watershed ordinance to fit their new model for all jurisdictions int the state. Once the council has approved the amendments, we must send a copy to the state showing that we have complied with their required updates. There are no big changes to the Currently, the Planning Board acts as our Watershed Review Board and oversees all aspects of our watershed regulations. The only exception is the approval of the watershed regulation's 10/70 provision (high-density development) section. In these cases, the Planning Board will review each request and make a recommendation to the city council on the case. The only other exception is when the city council hears a special use permit and is acting as a Quasi-Judicial Board. In these cases, they may approve a request for a watershed permit, 10/70 provision, or variance without a  DOCUMENT #3**  Ordinance # 2024-09  wishing to speak, Mayor McCraw closed the public hearing at 6:19 pm.  regulations; only a reformatting of references, additional text, and definitions.  recommendation from the Watershed Review Board.  Motion  Mayor Pro Tem Cole motioned to approve the ordinance amendments as presented to the City of King Code of Ordinances- Chapters 22, 26, and 32 sections on watershed regulations with amendments being adopted as Ordinance # 2024-09. Councilman Bowles seconded the motion, PUBLIC HEARING FOR ROAD CLOSURE ORDINANCE #2024-10 FOR SHELTON SHACK BOOZE Mayor McCraw opened the public hearing for Ordinance No. 2024 -10 for Shelton Shack Booze Circle Road at 6:22 pm. There being no one to give written or verbal requests wishing to speak, Shelton Shack Booze Farm Road is an old, unused farm road that needs to be permanently closed. Last year, staff attempted to close it using a plat, but this was found to be inadequate and not in accordance with NC G.S. 160A-299. Staff is now closing the road in accordance with NC G.S. 160A-  which was carried by a unanimous vote of 4-0. **SEE DOCUMENT #4**  CIRCLE ROAD  Mayor McCraw closed the public hearing at 6:22 pm.  299.    Motion  Councilwoman Fowler motioned to approve Ordinance No. 2024-10: as presented to close Shelton Shack Booze Circle Road permanently. Mayor Pro Tem Cole seconded the motion, which was carried  by a unanimous vote of 4-0. **SEE DOCUMENT #5**  PUBLIC HEARING FOR CONSIDERATION OF RESOLUTION 2024-11 wishing to speak, Mayor McCraw closed the public hearing at 6:24 pm.  Mayor McCraw opened the public hearing for Resolution No. 2024 -11 for the City/County Economic Incentive project at 6:24 pm. There being no one to give written or verbal requests This Resolution is for the City/County Economic Incentive project we have been working on, which ise extending a sanitary sewer to the Reaper & Duggins site on Meadowbrook Road. The agreement has been prepared and sent to the county attorney, Ty Browder, for the county's comments. We have the Resolution on the agenda in hopes of finalizing the agreement prior to the city council  meeting. Motion  Councilman Lane motioned to approve Ordinance No. 2024 -11 as presented. Councilwoman Fowler and Councilman Bowles simultaneously seconded the motion, which was carried by a  unanimous vote of 4-0. **SEE DOCUMENT #6**  PUBLIC HEARING ON FINANCING OF THREE POLICE VEHICLES AND EQUIPMENT  Mayor McCraw opened the public hearing for Resolution No. 2024-12 for the financing agreement for the General Fund FY 2024-2025 purchase of three police vehicles and equipment at 6:29 pm. There being no one to give written or verbal requests wishing to speak, Mayor McCraw closed the This resolution is to approve a financing agreement for the General Fund FY 2024-2025 purchase oft three police vehicles and equipment that was approved by the Budget Ordinance.  public hearing at 6:29 pm.  City of King July 26, 2024  Bids for Financing two police vehides and equipment  Total Cost (principal and interest)  Grand Total Cost $  Bidder Interestrate Annual Payment  Fees  Truist First Horizon First National First Citizens WellsF Fargo  No bid received No bid received Nobidr received  5.400% $ 101,003.73 $ 479,215.72 $3,000.00 $482,215.72  4.400% $  94,223.85 $ 471,119.22 $ 500.00 $471,619.22  Motion  Councilman Bowles motioned to approve Resolution No. 2024 -12 as presented, awarding the financing bid to First National Bank. Mayor Pro Tem Cole seconded the motion, which was carried  by a unanimous vote of 4-0. **SEE DOCUMENT #7**    DISCUSSION CONCERNING CHRISTMAS PARADE  The King Masonic Lodge has agreed to organize the 2024 King Christmas Parade, which is currently scheduled to be held on Saturday, December 7, 2024, at 12:00 p.m. Mr. Bridges states that we have had a number of parade participants in the past who also participated in the Pilot Mountain Christmas parade, which usually takes place on the same day, around 5 or 6 pm. We responded to multiple requests to move it up to 12 noon sO that they could get to the Pilot Mountain parade Inc discussions, it was the consensus that if the agreed-upon change to 1o'clock did not work, the  int time.  Council would revisit the topic if presented to them again in the future.  Motion  Councilman Lane motioned to approve changing the King Christmas Parade time from noon to 1 o'clock on the first Saturday in December. Councilman Bowles seconded the motion, which was  carried by a unanimous vote of 4-0.  CONSIDERATION OF ADJUSTMENT TO FEE SCHEDULE  The City of King Public Utilities utilizes a work order system to handle the volume of issues within the water and sewer system. Most of these work orders involve replacing broken meter lids, sewer clean-out caps, and broken or unleveled meter boxes, which are damaged by water and sewer Once a meter box and lid are installed for a new service, the only time that the City of King checks that meter and box is when meters are read. Therefore, if a meter box and or lid gets damaged, it is usually done by the customer (mostly unintentionally). With sewer cleanouts, these are the customer's responsibility, as the sewer main is the only responsibility of the City of King. As a courtesy, we clean out sewer service lines from thei first clean-out back to the main. Because of this courtesy, most customers assume we are responsible for the clean-out. With both water and sewer, the cost of meter lids, boxes, and sewer cléan-out lids has increased. Manpower time must be factored into this equation as well. City staff has asked to add fees to hopefully deter people from wasting city dollars to replace items that they have broken. Ifcity staff breaks any of the equipment This would increase revenues for Public Utilities when items need to be fixed. By adding these fees, customers may hire plumbers to fix these items or repair them themselves. The budget impact  customers when doing yard work.  talked about, the city would replace this equipment at no cost to the customer.  would be negligible. Motion  Councilwoman Fowler motioned to approve the revised Public Utilities Fee Schedule, as presented. Mayor Pro Tem Cole seconded the motion, which was carried by a unanimous vote of 4-0, **SEE  DOCUMENT #8**  URBAN SPRAWL & PLANNED URBAN DEVELOPMENT  City Planner Jon Grace presented on urban sprawl and planned urban development; the council  took no action.  CONSIDERATION OF REVISION TO PERSONNEL POLICY  This section is requested to be updated to include additional positions for which relatives' employment could create significant issues. The language needs to be updated to specifically name additional examples of relatives and recognize various lifestyle choices. An updated version was    given to the Mayor and Council to review at the beginning of the meeting with updated changes to the language. Per City Attorney W. Pitt, his staff has reviewed and supports this policy.  Motion  Mayor Pro Tem Cole motioned to approve the policy revisions to Personnel Policy - Article IV, Section 14. Councilman Bowles seconded the motion. Councilman Lane and Councilwoman Fowler voted against (nay) the motion. The motion resulted in a tie vote, thereby allowing the Mayor to break the tie. Mayor McCraw voted in the affirmative, and the motion was approved with a vote of 3-2. (Cole-yea, Bowles-yea, Lane-nay, Fowler-nay, McCraw-yea) *Tie Vote. **SEE DOCUMENT #9** Councilwoman Fowler moved to acknowledge that the departmental reports had been received. Mayor Pro Tem Cole seconded the motion, which was carried unanimously by a vote of 4-0. Mayor Pro Tem Cole asked City Engineer Intern Ben Marion to look into a basketball goal area at Councilwoman Fowler expressed her desire to see the city investigate the pickleball courts first CLOSED SESSION FOR THE PURPOSE OF DISCUSSION OF PERSONNEL PER N.C. GENERAL  DEPARTMENTAL REPORTS  ITEMS OF GENERAL CONCERN Recreation Acres.  because we have been working on that citizen request.  STATUTE 143-31811(A_6).  Mayor Pro Tem Cole moved to adjourn to a closed session at 7:29 pm for the purpose of discussion of personnel [N.C.G.S. 143-318.11 (A)] (6). Councilman Bowles seconded the motion, carried by a Mayor McCraw reconvened the meeting at 9:19 pm, stating no action was taken in the closed Councilwoman Fowler made a motion directing City Manager Barrow to look into a pickleball court on the concrete pad at recreation acres and use ARP money not to exceed $40,000 (forty thousand dollars). Mayor Pro Tem Cole seconded the motion, which was carried by a unanimous vote of 4-0. Councilwoman Fowler motioned to adjourn the meeting at 9:23 pm. Mayor Pro Tem Cole seconded  unanimous vote of 4-0.  session.  ADJOURNMENT  the motion, which was carried by a unanimous vote of 4-0.  ***Clerks Note: See Documents 1-9 for supporting documents. ***  Approved  CUNCIL NORTH. CAROLINA OF  7KIAAS Richard E. McCraw, Mayor idi branshew Nicole Branshaw, City Clerk  Attest:    CITY OF KING CITY COUNCIL  MEETING DATE: AUGUST 5, 2024 BOARD: GtyCooncil pat-fugust5,2024 DOCUMENT#1 1 PAGES:1  PART A  REQUEST FOR Al PUBLIC HEARING MODIFY FIRE DISTRICT MAP fire district map for the City of King  Subject:  Action Requested: Set a public hearing for September 3 on the question of modifying the current  Attachments:  None  Submitted By:  agaraozy Date  nGrace, City  N  City Manager Review: 7R3  This abstract requires review by:  City Attorney Finance Officer Budget Amendment Necessary? Yes Nou Budget Officer OCity Engineer  Date Reviewed Date Reviewed Date Reviewed Date Reviewed  Scott Barrow,  City Manager  PART B  Introduction & Background: practices and new materials. Discussion & Analysis: Budgetary Impact: None Recommendation:  The current fire district map was created in 1985 and needs to be updated to reflect current building  Staff recommends that we have al Public Hearing on the matter on September 3, 2024    BOAsDCity Coundl DATE: Auqust5,2D21 DOCUMENT# 2 PAGES: 1  2  N  E  Jo)     BOARDCslyCounty DATE.B:5-2D24 DOCUMENT# #: 3 PAGES: 5  JoN    1983  ORDINANCE NO. 2024-08  AN AMENDMENT TO UPDATE THE CITY'S SIGN ORDINANCE AN ORDINANCE AMENDING THE CITY OF KING CODE OF ORDINANCES: CHAPTER 32, ARTICLE IX, SEC.32-428 and: 32-433.  WHEREAS, the new economic growth of the City of King's Downtown District has facilitated the need for a text amendment change to stay in line with the surrounding  municipalities; and  WHEREAS, the City of King's Code of Codified Ordinances, more specifically Chapter 32, Article IX, Section 32-428 and Section 32-433, text needs to be amended; and WHEREAS, the City of Kingi has nowt taken steps to amend the current sign ordinance Now, therefore, be it ordained, by the King City Council of the City of King, North  to be in line with the surrounding communities.  Carolina that: Section1.  The following sections of the city's codified code of ordinances be amended as follows: See the attached exhibit' "B".  DULY PASSED. AND APPROVED by the City Council of the City of King, NC,  ont the. 5t day ofluqust, 2024.  Bidar NeDas Richard E. McCraw, Mayor  Seal  COUNCIL 0 NORTH CAROLINA OF  Attest:  liode Branskew Nicole Branshaw, CMC, City Clerk    EXHIBIT"B"  Sec 32-433.- - Signs permitted by district.  Type of sign- Projecting  Permit Required- Yes  Number and Spacing- One per business/side Maximum Area of Single Sign- 12sq.Ft. 20s4 llumination- Lighted, but not blinking  Location- Shall not hang less than 81 ft. Above ground level  Sec. 32-428. - Prohibited signs. Signs prohibited in all districts are as follows:  (6) No private sign shall be erected ini the public right-of-way, nor project over the public right-of-way. At all intersections, no signs shall interfere with clear sight distance for any driver crossing or entering a roadway. Wall signs shall be permitted public right-of-way if such projection is necessary to the installation oft the sign.  toy project up to 18 inches,  G hasinazons from al building wall over the    E DOWNTOWN gog PARTNERSHIP  MEMOTO: King City Council MEMO FROM: Downtown King Partnership  RE: Date:  Text Amendments to Sec 32-433 and Sec 32-428  July25,2024  Council Members,  The Downtown King Partnership (DKP) Board met on. July 8, 2024 and thei issue of amending the referenced texts was discussed. After discussing the matter, DKP Board unanimously voted in  support of changing the text as presented by the King City Council.  Sincerely,  Dane Peatk Dane Heath Co-President    City of King Notice of Public Hearings NOTICE IS HEREBY GIVEN that a series of publichearings will be held by the CIty Counci of King at CityHall, 229 S, Main Street on the ist day ofJuly 2024, beginning àt 6:00 pm fort the purpose of considering the following: Amriendmentofthe official zoningmap and/or ordirance ofking, NG and/orthe grant- Ing of aspecial use perit by theCltyCounci, or Board ot Aduatnentrelerenceal in Code. afDananoelsted, pelow and perchapter32Zonng, Sec, 87.,96A127mmaubw ing manner Item 1: Toreview and.approve changes tot the City's code. of codified ordinances The af fectedchapters are Chapter 26 Subdivisions and Chapter 32 Zoning, Amendments are being adopted, as Ordinance In accordance with the Codeof Ordhances Chapter 32-Zon ing Sech 32-96,the City of King Planning Board/Board O1AusimentMAeVew: the. oropatngamencmemtson dune 24,2024, andmake a formal recommendation: tothe CityGouncl, CITIZENSARE HEREBY NOTIFIEDthat upon consider ationof thecomments at the. herein-desoribed public hear ings, the Cily Counginl may amend the proposed ordinance amendments priortoadoption. Acopy of the proposed, amendments sonfite at the CityHallior inspection by, all interested citizens or you can call the planning department or city clerk at (336) 983-8265. Nicole Branshaw, NGCMC: CityClerk Publish 6-20-24 232798  #2024-08.    :88 0  BARDCatyCounil DATE: 8-5-2024 DOCUMENT#: 4 PAGES:25  6    1983  ORDINANCE NO. 2024-09  AN AMENDMENTTO UPDATE THE CITY'S WATERSHED REGULATIONS AN ORDINANCE. AMENDING THE CITY OF KING CODE OF ORDINANCES:  CHAPTER. 22, ARTICLE II, SEC. 22-40; CHAPTER: 26, ARTICLE VII, SEC. 26-236, CHAPTER: 32, ARTICLEV,  DIVISION: 2, SEC. 32-271-300.  WHEREAS, the Environmental Management Commission of the State of North Carolina on March 9, 2023, revised theirwater supplywatershed. management model ordinance andi is now asking local governments to insure that their ordinance on water: supplywatershed regulations are in line with the model ordinance; and WHEREAS, thel legislature oft the State of North Carolinahas, in Chapter 160A, Article 8, Section 174, General Ordinance Making Power, and in Chapter 143, Article 21, Water and Air Resources, authorized local governments to adopt regulations designed to promote the public health, safety, and general welfare ofi its citizenry. In addition, G.S. 160D-926 and G.S. 143-214.5 specifically authorizes local governments to enact WHEREAS, the City of King has now taken steps to amend the current water supply watershed regulations NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KING, NORTH CAROLINA THAT: thet following sections of the city's codified code of ordinances be amended ast follows:  and enforce water supplyv watershed management regulations; and  to matcht thes state's model ordinance.  SECTION 01. Seei the attached exhibits A and B.  DULYPASSED AND. APPROVED byt the City Council of the City of King, NC, ont the! 5TH day of August 2024.  OUNCIL NORTH CAROLINA OF KIET  Mmels Richard E. McCraw, Mayor Atasiude Branskau Nicole Branshaw, CMC, City Clerk  Seal  EXHIBITA    EXHIBIT, A  Chapters 22 &2 26 proposed watershed amendments -  Chapter 22 - Planning and Development  Article I. Planning Board Sec. 22-40. - Meetings.  (a) Regular meetings. Regular meetings of the planning board shall be held on the fourth Monday of each month at 6:00 p.m. in the council chambers of the City Hall unless the fourth Monday falls on a holiday in which case the meeting will be held on the following day (fourth Tuesday); provided, however, that if the chairperson SO directs, meetings may be held at otherfeasible locations, on other dates, at any  reasonable time.  (g) Conflict of interest No boardmember shall take part int the hearing, consideration, or determinationo anycase in which he is personally or financially interested. A board member shall have a "financial  interest" in a case whenadecision in the Case will  (1)cause him or his spouse to experience a direct financial benefit or loss,or  (2) wil cause a business in which he or his spouse owns a 10 per cent or greater interest, or is involved in a decision-making role, to experience a direct financial benefit or loss. A Board member shall have a personal interest" na case when it involves a member of his immediate family_(ie. parent, spouse, or child). The intent is to prohibit members of the Board from acting in situations where they have a confict of interest in a manner similar to the prohibition in NCGS 14-234cX1) Please also see NCGS 160D - 109 = standards for conficts of interest for local government (3)members of the board shall give notice to the chairman ati least fortyeight/48)hours prior to the hearingof any potential conflict of interest which he has in a particular case before the board. (h) Quasi-iudicial hearings. No board member shall discuss the substance of any appeal or other quasi- udicial case with any partes thereto prior to the public hearing on that case; provided, however, that members may receive and/or seek information pertaining to the case from the Watershed Administrator or any other member of the Board, or its Secretaryprior to the hearing  development decisions.    Chapter 26 - Subdivisions Article VII. - Watershed Regulations  Sec. 26236.-Development to comply with Chapter 32, ArticleV. Division 2. Watershed (a) Subdivision development within the City of King's watershed overlay district shall comply with  Overtay Districts provisions.  Chapter 32, Article V, Division 2. Watershed Overlay Districts. his      nes    EXHIBIT B  Delete = existing Sec. 32-271 through Sec. 32-285 and replace with new Sec. 32-271 through 32-300.  Article V. Development Standards Division 2. Watershed Overlay Districts Section 271.Authority and enactment.  Thel Legislature of the State of North Carolina has, in Chapter 160A, Article 8, Section 174, General Ordinance Making Power; and in Chapter 143, Article 21, Water and Air Resources, authorized local govemnments to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. In addition, GS 160D-926 and G.S. 143-214.5 specifically authorize local governments to enact and enforce water supply watershed management regulations. The King City Council hereby ordains and enacts into law the following articles as the Water Supply' Watershed Protection  Ordinance ofthe City of King, NC. (Ord. No. 8.13-85, art. V,$8,9-7-93) Section 272. Generaldefinitions.  Agricultural Use means the use of waters for stock watering, irrigation, and other farm purposes. Best Management Practices (BMP) means a structural or nonstructural management-Dased practice used singularly ori in combination to reduce nonpoint source inputs to receiving waters in order to Buffer means an area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner sO that the runoff does not become channelized and which provides for infiltration of the runoff and filtering of pollutants. The buffer is measured landward from the normal pool elevation Bullding means any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals, or property. The connection oft two buildings by means of an open porch, breezeway, passageway, carport, or other such open structure, with or Built-upon area means built-upon area means impervious surface and partially impervious surface to the extent that the partially impervious surface does not allow water to infiltrate through the surface and intot the subsoil. Built-upon area" does not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as designated by the American Society for Testing andi Materials, laid atl least four inches thick over a geotextile fabric; a trail as defined in G.S. 113A-85 that is either unpaved or paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001 centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic or on portions of driveways and parking areas that will not be compacted by the weight of a vehicle, such  achieve water quality protection goals.  of impounded structures and from the bank of each side of streams or rivers.  without a roof, shall not be deemed to make them one building.    as the area between sections of pavement that support the weight of a vehicle (except as exempted Cluster Development means cluster development means the grouping of buildings in order to conserve land resources and provide for innovation in the design of the project including minimizing stormwater runoff impacts. This term includes nonresidential development as well as single-family residentiat and multifamily developments. For the purpose of this ordinance, planned unit developments (PUD's) and mixed-use development are considered as cluster development. Common Plan of Development/PUD means a site with multiple lots where there is a single development plan for all oft the lots, usually represented by a master plan or a set of declarations of Critical. Area means the area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from the remaining portions of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the reservoir in which the intake is located or to the ridge line of the watershed (whichever comes first); or one-half mile upstream from the intake located directly in the stream or river (run-of-the-river), or the ridge line of the watershed (whichever comes first). Local governments may extend the critical area as needed. Major landmarks such as highways or property lines may be used to delineate the outer boundary of the critical area if these landmarks are immediately adjacent to the appropriate outer boundary of one-half mile. Customary Home Occupations means any use conducted entirely within a dwelling and carried on by the occupants thereof, which use is clearly incidental and secondary to the use of the dwelling for residential purposes and does not change the character thereof. Provided further that no mechanical equipment is installed or used except as is normally used for domestic or professional purposes. No home occupation shall be conducted in any accessory building except for the storage and service of a vehicle that is driven off site, such as a service repair truck, delivery truck, etc. See also Sec. 32-258. Development means any land disturbing activity which adds to or changes the amount or nature of impervious or partially impervious cover on a land area, or which otherwise decreases the infiltration Dwelling Unit means a building, or portion thereof, providing complete and permanent living facilities Existing Development means those projects that are built or that have established a vested right under North Carolina zoning law as of the effective date of this ordinance which was September of Existing Lot means a lot which is part of a subdivision, a plat ofwhich has been recorded in the Office of the Register of Deeds prior to the adoption of this ordinance, or a lot described by metes and bounds, description of which has been sO recorded prior to the adoption of this ordinance. Family means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage or adoption, no such family shall contain over five persons, but-funherprovided that domestic servants employed- or-living on the premises maybehousedonthe  by State law).  restrict covenants.  of precipitation into the soil. for one or more persons.  1993.  premises without being counted as a family or families.    Family Subdivision means a division of a tract of land: (a) to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantori from the tract to any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom Industrial Development means any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material fori the purpose of manufacturing, assembling, finishing, cleaning, or devéloping any product or commodity. Landfill means a facility fori the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130AArticle 9 ofthe N.C. General Statutes. For the purpose of this ordinance, this term  inherited by intestacy or by will.  does not include composting facilities.  Lotmeans a parcel of land that can be transferred separate from other parcels of land. Major Variance means a variance that is not a Minor Variance as defined ini this ordinance. Minor Variance means a variance from the minimum statewide watershed protection rules that results inar relaxation, by a factor of up to five (5%) percent of any buffer, density, or built-upon area requirement under the high-density option; or that results in a relaxation, by a factor of up to ten (10%) percent, of any management requirement under the low-density option. For variances toa vegetated setback requirement, the percent variation shall be calculated using the footprint of built- upon area proposed to encroach with the vegetated setback divided by the total area of vegetated Nonconforming Existing Lot means a lot described by a plat or a deed that was recorded prior to the effective date of local watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development requirements of the statewide watershed protection rules. Non-residential Development means all development other than residential development, agriculture Perennial Waterbody means a natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude the growth of non-hydrophlic  setback within the project.  and siiviculture.  rooted plants.  Platr means a map or plan of a parcel of land which is to be, or has been, subdivided.  Protected. Area means the area adjoining and upstream of the critical area of WS-Vwatersheds. The boundaries of the protected area are defined as within five miles of and draining to the normal pool elevation of the reservoir or to the ridgeline oft the watershed; or within 10 miles upstream and draining to the intake located directly in the stream or river ort to the ridgeline of the watershed. Qualified Individual means a person certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification (SWITC) course offered by the Residential Development means buildings constructed for human habitation such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages, etc.  N.C. Div. of Water Resources at N.C. State University.    and their associated outbuildings such as garages, storage buildings, gazebos, etc. and customary Residuals means any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority of the Environmental Single Family Residential means any development where: 1)no building contains more than one dwelling unit, 2) every-dwelling unit is on a separate lot, and 3) where no lot contains more thanone Stormwater Control Measure (SCM) means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoff by promoting settling or filtration; or to mimic the natural hydrologic cycle by promoting infiltration, vapo-transpraton, post Street (Road) means a right-of-way for vehicular traffic which affords the principal means of access to Structure means anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent location on the land. Subdivider means any person, firm, corporation, or official who subdivides or develops any land Subdivision means all divisions of a tract or parcel of land into two or more lots, building sites, or other divisions fort the purpose of sale or building development (whether immediate or future) and shall include all division of land involving the dedication of a new street or a change in existing streets; except those exempt from subdivision regulation by GS 160D-802(a)(1) through (a)(5). Surface Waters means all waters of the State as defined in NCGS 143-212 except underground Toxic Substance means any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly byi ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth), or physical deformities in such organisms or their off spring or other adverse health effects.  home occupations.  Management Commission.  dwelling unit.  filtration discharge, reuse of stormwater, or a combination there of.  subject and/or abutting properties,  deemed to be a subdivision as herein defined.  waters.  Variance means a permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supplyw watershed management requirement adopted by the Environmental Management Commission that is incorporated into this ordinance.  Vested Right means the right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan or an approved phased development plan. Refer to the North Carolina General Statutes Section 160D-108 for more  information.  Water Dependent Structure means any structure for which the use requires access to or proximity to or citing within surface waters to fulfill its basic purpose, such as boat ramps, boat houses, docks, and    bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and  commercial boat storage areas are not water dependent structures.  Watershed means the entire land area contributing surface drainage to a specific point (e.g. the water supply intake) or alternatively, the geographic region within which water drains to a particular river, Watershed. Administrator means an official or designated person of the City of King responsible for Watershed review board. The planning board shall function as the watershed review board when controlling development within the watershed. In certain situation the King City Council may serve  stream, or body of water.  administration and enforcement of this ordinance.  as the watershed review board.  Sec. 32-273.-Junsdiction.  The provisions of this Ordinance shall apply within the areas designated as a Water Supply Watershed by the N.C. Environmental Management Commission and shall be defined and established on a water supply watershed protection map of the City ofH King, North Carolina which is adopted simultaneously herewith. The watershed map and all explanatory matter contained thereon accompanies and is hereby made a part of this Ordinance. This Ordinance shall be permanently kept  on file in the City Clerk's office of the City of King, NC. Sec.32-274. - - Exceptions to applicability.  (A)Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or anyordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any other provisions of the Code of Ordinances ofthe City of King; however, the adoption of this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the City of King at the time of the adoption of this Ordinance that may be construed to impair or reduce the (B) Itis not intended that these regulations interfere with any easement, covenants, or other agreements between parties. However, ift the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these (C)Existing Development, as defined ini this ordinance, is not subject to the requirements of this (D) Expansions to existing development must meet the requirements of this ordinance, except single family residential development or unless expansion is part of common plan of development. In an expansion, the built-upon area of the existing development is not required to be included int the density calculations. Where there is a net increase of built upon area, only the area of net increase is subject to this ordinance. Where existing development is being replaced with new built upon area, and there is net increase of built upon area, only areas of net increase shall be subject to this  effectiveness of this Ordinance ort to conflict with any of its provisions.  regulations shall control.  ordinance.  ordinance.    (E)! Ifa ar non-conforming existing lot is not contiguous to any other lot owned by the same party, then that lot shall not be subject to the development restrictions of this ordinance ifi it is developed for single-family residential purposes. Local governments may require the combination of contiguous nonconforming lots of record owned by same party to establish a lot or lots that meet requirements in (F)Any lot or parcel created as part ofa a Family Subdivision after the effective date of these rules shall be exempt from these rules if it is developed for one single-family, detached residence and ifitis (G)Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to the land use requirements (including impervious surface requirements) of these rules, except that such a lot or parcel must meet the minimum buffer  Sec. 32-241 of this ordinance.  exempt from local subdivision regulation.  requirements to the maximum extent practicable.  (H)An applicant may exceed the density limits in Sec. 32-286 if all the following circumstances apply: (1)The property was developed prior to the effective date of the local water supply watershed (2) The property has not been combined with additional lots after January 1, 2021.  program. (9-7-1993)  (3) The current use of the property is nonresidential.  (4) In the sole discretion, and at the voluntary election, of the property owner, the. stormwater from all the existing and new built-upon area on the property is treated in accordance with all (5) The remaining vegetated bufférs on the property are preserved in accordance with the  applicable local government, state, and federal laws and regulations.  requirements of this Ordinance. Sec.32-275. - Public health, in general.  No activity, situation, structure, or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety, and welfare of the citizens within the jurisdiction of  the City of King.  Sec. 32-276. - Criminal penalties.  Any person violating any provisions of this Ordinance shall be guilty of a misdemeanor and, upon conviction, shall be punished in accordance with NCGS 14-4. The maximum fine for each offense shall not exceed $500.00. Each day that the violation continues shall constitute a separate offense. (A)Ifany subdivision, development and/or land use is found to be in violation of this Ordinance, the City ofKing City Council may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $500, action or proceedings to restrain, correct, or abate the violation; to prevent occupancy of the building, structure, or land; or to prevent any illegal act, conduct, business, or use in or about the premises. In addition, the N.C. Environmental Management Commission may assess civil penalties in accordance with G.S. 143-215.6A. Each day that the  Sec. 32-277. - Remedies.  violation continues shall constitute a separate offense.    (B) If the watershed administrator finds that any of the provisions of this ordinance are being violated,  he shall follow the requirements as listed in Sec. 32-47.  Sec. 32-278. - Abatement.  (A)The watershed administrator shall monitor land use activities within the watershed areas to (B)T The watershed administrator shall report all findings to the watershed review board. The watershed administrator may consult with any public agency or official and request recommendations. The watershed administrator may also coordinate with local inspections department since local (C) Where the watershed review board finds a threat to water quality and the public health, safety and welfare, the board shall institute any appropriate action or proceeding to restrain, correct or abate the  identify situations that may pose a threat to water quality.  governments can abate most threatening nuisances. See Se. 32-47.  condition andlor violation. Sec. 32-279. - Severability.  Should any section or provision of this Ordinance be declared invalid or unconstitutional by any court of competent jurisdiction, the declaration shall not affect the validity of this Ordinance as a whole or  any part thereof that is not specifically declared to be invalid or unconstitutional.  Sec. 32-280. - Effective date.  This Ordinance shall take effect and be in force on September 7, 1993. This Ordinance was amended to the new NC Water and. Air Resources/ N.C. Environmental Management Commission on August5.  2024.  Sec. 32-281. - General provisions.  (A) No subdivision plat of land within the water supply watershed shall bei filed or recorded by the Register of Deeds until it has been approved in accordance with the provisions of this Article. Likewise, the Clerk of Superior Court shall not order or direct the recording of a plat if the recording of (B) The approval of a plat by itself does not constitute or effect the acceptance by the city or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or (C) Allsubdivisions shall conform with the mapping requirements contained in GS 47-30. (D) Allsubdivisions of land within the jurisdiction of the City of King after the effective date oft this ordinance shall require a plat to be prepared, approved, and recorded pursuant to this ordinance and (E) All10/70 provision request shall be reviewed and a recommendation made by the watershed reviewboard prior to the city council's review and approvalapproval with conditions/denial oft the  such plat would conflict with this Article.  other public facility shown on the plat and shall not be construed to do SO.  those requirements set forth in Chapter 26 of the codified ordinances.  request.    Sec. 32-282. - Subdivision application and review procedures.  (A)Al proposed non-residential subdivisions shall be reviewed prior to recording with the register of deeds by submitting a vicinity map to the watershed administrator to determine whether or not the property is located within the designated water supply watershed. Subdivisions that are not within the designated watershed area shall not be subject to the provisions oft this ordinance and may be recorded provided the watershed administrator initials the vicinity map. Subdivisions within a WS-IV watershed are subject to the provisions of this ordinance only when an érosion and sedimentation plan is required under the provisions of State law or approved local program unless another stormwater program applies. Local government should always be aware that other post construction requirements may apply even when water supply watershed protection requirements do not. Subdivisions within the designated watershed area shall comply with the provisions of this Article and (B)Subdivision applications shall be filed with the watershed administrator. The application shall (C) The watershed administrator, watershed review board, or the governing board shall review the completed application and shall either approve, approve conditionally, or disapprove each application. The watershed administrator shall take final action within sixty (60) days of submission of the application. The watershed administrator may provide public agencies an opportunity to review and make recommendations. However, the failure of the agencies to submit their comments and recommendations shall not delay action within the prescribed time limit. Said public agencies may  all other state and local requirements that may apply. follow the requirements set forth in Chapter 26, Sec. 26-12.  include, but are not limited to, the following:  (1)The NCDOT district highway engineer with regard to proposed streets and highways. (2) The Health Department director with regard to proposed private water system or sewer (3) The state Division of Water Resources with regard to proposed sewer systems normally (4) The state Division of Energy, Mineral and Land Resources with regard to engineered storm (5) Local government entities responsible for proposed sewer and/or water systems. (6) Any other agency or official designated by the watershed administrator or watershed review  systems normally approved by Health Department.  approved by the Division.  water controls or storm water management in general.  board.  (D) Ifthe watershed administrator approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the watershed administrator:  Certificate of Approval for Recording  Icertify that the plats shown hereon complies with the Cityof King's Watershed. Protection Ordinance and is approved by the watershed administrator for recording in the Register of Deeds office.    Watershed Administrator  Date  NOTICE: This property ist located within a Water Supply' Watershed- - development restrictions may apply.  (E) If the watershed administrator, watershed review board, or governing board disapproves or approves conditionally the application, the reasons for such action shall be stated in writing fort the applicant and may be entered on the application. The subdivider may make chânges and submit a revised plan which shall constitute a separate request for the purpose of review and approval. (F)As a condition for approval, all subdivision plats shall comply with the requirements for recording (G) The plat shall be recorded within thirty (30) days of approval. The subdivider shall provide the watershed administrator with evidence the plat has been recorded with the register of deeds within  of the county register of deeds and Chapter 26 oft the city's codified ordinances.  five (5) working days of recordation by a paper copy or by a PDF copy. Sec. 32-283. - Subdivision standards and required improvements.  (A)AIl lots shall provide adequate building space in accordance with the development standards contained in Sec. 32-241. Lots smaller than the minimum required for non-residential or residential lots may be developed using built-upon area criteria in accordance with Sec. 32-287. (B) For the purpose of calculating built-upon area, total project area shall include total acreage in the (C) Storm Water Drainage Facilities: The application shall be accompanied by a description of the proposed method of providing storm water drainage. The subdivider shall provide a drainage system thato diverts stormwater runoff away from surface waters, incorporates storm water control measures (D) Erosion.and Sedimentation Control: The application shall, where required, be accompanied by the Sedimentation and Erosion Control Plan approval by the local agency administering a Sedimentation and Erosion Control Ordinance approved by the N.C. Division of Energy, Mineral and Land  tract on which the project is to be developed.  to minimize water quality impacts, and meets any state or local requirements.  Resources andlor N.C. Division of Energy, Mineral, and Land Resources.  (E) Roads constructed in critical areas and watershed vegetated conveyance areas: Where possible, roads should be located outside of critical areas and watershed vegetated conveyance areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water  quality.  Sec. 32-284. - Construction procedures.  (A) No construction or installation of improvements shall commence in a proposed development project until construction documents have been submitted and approved by the city. The applcant/developer must submit three (3) complete sets of drawings to the city for review. 1 set will beretumedvtrastampofaproved; POMECMONSN andresubmitand'a:  review fee and comment sheet.    (B) No building or other permits shall be issued for erection of a structure on any lot not on record at the time of adoption of this ordinance until all requirements of this ordinance have been met. The applicantdeveloper, prior to commencing any work within the project, shall make arrangements with Sec. 32-285.- Penalties for transferring lots in unapproved non-residential subdivisions. Any-person who, being. the-owner or agentoftheowner of any land- baadwimintmelurisdeion of the-City of King; thereafter subdivides their land im violation ofthis ordinance or transfers or sells land by reference to, exhibition of, or any other use of a plat showing a subdivision of the land before the plat has been properly approved under this ordinance and recorded in the office of the register of deeds, shall be guilty of a misdemeanor. The description by metes and bounds in the instrument of transfer or other document used In the process of selling or transferring land shall not exempt the transaction from this penalty. The City of King may bring an action for injunction of any illegal subdivision, transfer, conveyance, or sale of! land, and the court shall, upon appropriate findings, issue an injunction and order requiring the offending party to comply with this ordinance.  the city to provide for adequate inspection(s) of any improvements installed.  Sec. 32-286. - Establishment of watershed areas.  Thep purpose of this article is to list and describe the watershed areas herein adopted. For purposes of this ordinance the City of King is hereby divided into the following area, as appropriate: WS-IV-PA (Protected. Area) Overlay District. This overlay district applies to all zoning districts listed in  Sec. 32-161 and 164.  Sec. 32-287.-Watershed Areas- allowed and not allowed uses  Water Supply' Watershed Classification'  Activity/Use  WS-IVCA No No No Yes Yes Yes Yes Yes Yes Yes Noc Noo Noo Yes Yes Yes Yes  WS-IVPA Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Noc Noo Noo Yes Yes Yes Yes  New landfills  New permitted residential land application New permitted petroleum contaminated soils sites NPDES general or individual stormwater discharge NPDES general permit wastewater discharges pursuant to 15A NCAC 02H .0127 NPDES individual permit trout farm discharge New NPDES individual permit domestic treated wastewater discharge New! NPDES individual permit industrial treated wastewater discharge Non-process industrial waste New! Industrial connections and expansions to existing municipal discharge with pretreatment program pursuant to 15A NCAC02H.0904  Sewage Industrial waste Other waste Agriculture' Silvicultures Residential developmenth  Groundwater remediation project dischargee    Non-residential development" Nonpoint source pollutionk Animal operations'  Yes Yes Yes  Yes Yes Yes  Notes:  a: Permitted- pursuant to 15ANCAG02B: 0104. b. Except non-process! Industrial discharges are allowed. G. Only allowed ifs speclfied in 15AI NCAC 02B. .0104. e. Where no other practical alternative exists.  d. Note allowed if activity(les)! has/have adverse Impact on human health.  f.I InaWS-I watersheds and Critical Areas of WS-II, WS-I!, and' WS-IVwatersheds, agricultural activities conducted after 1/1/1993 shall maintaln a minimum 10- foot vegetateds setback or equivalent control as determined by Soil and Water Conservation Commission along all perennial waters indicated on most recent version of USGS 1:24000 scale (7.51 minute) topographic maps or as determined by local g. Subject to Forest Practice Guldelines Related to' Water Quality (02 NCAC 60C. .01001 to .0209) Effective 4/1/2018.  govemment studies.  h. See density requirements in 15ANCAC02B. .0624. i. See different allowed andi not allowed in thist table.  j. Watershed shall remaln undeveloped except fort following uses when they cannot be avoided: power transmission lines, restricted access roads, and structures associated with water withdrawal, treatment, and distribution of WS-I waters. Built upon area shall be k. Non-Point Source pollution shall not have adverse impact, as defined In 15ANCACO 02H.1002, on use as water supply or any other  designed and located tor minimize stormwater runoff impact to receiving waters.  deslgnated use.  I. Deemed permitted, as defined in 15ANCAC 02T .0103 and permitted under 15ANCAC: 2H.0217. Sec. 32-288. - Watershed areas = density and built-upon limits.  (A) Project density.  The following maximum allowable project densities and minimum lot sizes shall apply to a project according to the Classification of the water supply watershed where it is located, its relative location in  the watershed, its project density, and the type of development:  Low density development- WS-IV Critical Area  (a) Single-family detached residential - 1 d.u. per one-half acre or 1 d.u. per 20,000 square foot lot excluding 24% built upon area 24 to 50% built upon area roadway right-ofway or 24%  built upon area.  (b) Non-residential and all other residential - 24% built-upon area.  WS-IV Protected Area  (ay Single-family detached residential -1d d.u. per one-half acre or 1d.u. per 20,000 square foot lot excluding roadway right-of way or 24% built upon; or 3 d.u.'s per acre or 36% built upon  area without curb and gutter street system.    (b) Non-residential and all other residential - 24% built-upon area; or 36% built-upon area  without curb and gutter street system.  High density development (10/70 provision, requires approval by the city)  WS-M Critical Area WS-IV Protected Area  (a)All types - 24% to 50% built-upon area. (a)All types - 24% to 70% built-upon.  (B) Calculation of project density.  The following requirements shall apply to the calculation of project density:  (1) Project density shall be calculated as the total built-upon area divided by the total tract/lot (2)Aproject with "existing development, as defined in this ordinance, may use the calculation method in Sub-Item (1)oft this Item or may calculate project density as the difference of total built-upon area minus existing built-upon area divided by the difference of total project area (3) Expansions to existing development shall be subject to 15AI NCAC 02B .0624 except as (4) Where there is a net increase of built-upon area, only the area of net increase shall be (5) Where existing development is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall be subject to density and built-  area.  minus existing built-upon area.  excluded in Rule15A NCAC 02B .0622( (1)(d). subject to density and built upon area limits.  upon area limits.  (6) Total project area shall exclude the: following:  (a) areas below the Normal High-Water Line (NHWL); and  (b) areas defined as "coastal wetlands" pursuant to 15A NCAC 07H .0205, herein incorporated by reference, including subsequent amendments and editions, and available at no cost at ntp/repors.anstate.nc.usincac.asP, as measured landward  from the NHWL; and  (7) Projects under a common plan of developmentPUDs shall be considered as a single project for purposesofdensity calculation except thatomard case-by-casebais, local governments may allow projects to be considered to have both high- and low-density areas  based on one or more of the following criteria:    (a)n natural drainage area boundaries;  (b) variations in land use throughout the project; or  (c) construction phasing.  (C) Low density projects.  In addition to compy.ng.wth.tna.propctdensbyrequirementsot.iem (A).ofthis Rule, Jow-density-  projects shall pompywthnthnefolowing:  (1)Vegetated conveyances. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government shall take into account site-specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet thet following criteria shall be deemed  to satisfy the requirements of this Sub-Item:  (a) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless iti is demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering calculations and on-site soil investigation; and (b) The conveyance shall be designed sO that it does not erode during the peak flow from the 10-year storm event as demonstrated by engineering calculations.  (2) Curb outlet systems. In lieu of vegetated conveyances, low density projects shall have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated  areas. Requirements for these curb outlet systems shall be as follows:  (a) The curb outlets shall be located such that the swale or vegetated area can carry the (b) The longitudinal slope of the swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. Ini these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be (c) The swale's cross section shall be trapezoidal with a minimum bottom width oft two (d) The side slopes of the swale or vegetated area shall be no steeper than 3:1 (e) The minimum length of the swale or vegetated area shall be 100 feet; and (f) Low density projects may use treatment swales designed in accordance with 15A NCAC 02H.1061 in lieu of the requirements specified in Sub Items (a) through (e) of  peak flow from the 10-year storm and at a non-erosive velocity;  provided; feet;  (horizontal to vertical);  this Sub-Item.  (D) High density projects.    In addition to complying with the project density requirements of Item (A) and (E) oft this Rule, high  density projects shall comply with the following:  (1) Stormwater Control Measures (SCMs) shall be designed, constructed, and maintained sO that the project achieves either "runoff treatment" or' lrunoff volume match" as those terms are (2) Forh highdensiyprojects: designed.to acbieve runofffreatment, the reguiredstom.depth. hal.boeom-hehApploants shall have the option to design projeets-to achiever runoff-volume (3) Stormwater runoff from off-site areas and existing development, shall not be required to be treated in the SCM. Runoff from off-site areas or existing development that is not bypassed (4) SCMs shall meet the relevant minimum design criteria set forth in 15AI NCAC 02H.1050 (5) Stormwater outlets shall be designed sO that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year storm event as shown by engineering  defined in 15ANCAC 02B .0621;  match in lieu of runoff treatment;  shall be included in sizing of on-site SCMs;  through.1062; and  calculations.  (E) Option for implementing project density. Item (A) above, as appropriate:  Local governments shall have the following options in place of ori in addition to the requirements of  (1) 10/70 OPTION. Outside of WS-I watersheds and the critical areas of WS-II, WS-III, and WS-IVwatersheds, local governments may regulate new development under the "10/70  option" in accordance with the following requirements:  (a)Amaximum of 10 percent of the land area of a water supply watershed outside of the critical area and within a local governments planning jurisdiction may be developed with new development projects and expansions of existing development of upi to 70 (b) Iny water supply watersheds classified on or before August 3, 1992, the beginning amount of acreage available under this option shall be based on a local government's jurisdiction as delineated on July 1, 1993. In water supply watersheds classified after August 3, 1992, the beginning amount of acreage available under this option shall be based on a local government's jurisdiction as delineated on the date the water supply watershed Classification became effective. The acreage within the critical area shall not (c) Projects that are covered under the 10/70 option shall comply with the low-density requirements set forth in Item (C) above unless the local government allows high density development, in which case the local government may require these projects to (d) The maximum built-upon area allowed on any given new development project shall  percent built-upon area.  be counted towards the allowable 10/70 option acreage;  compywihinelnghdenslyreguirements set forth-in Item (D);  be 70 percent;    (e)AI local government having jurisdiction within a designated water supply watershed may transfer, in whole or in part, its right to the 10/70 land area to another local government within the same water supply watershed upon submittal of aj joint resolution (f) When the water supply watershed is composed of public lands, such as National Forest land, local governments may count the public land acreage within the watershed outside ofthe critical area in calculating the acreage allowed under this provision; and (g)All1 10/70 provision request shall be reviewed by the watershed review board and a recommendation made and forwarded to the King City Council for review and action on the request. Applications for the 10/70 provision shall be submitted to the watershed administrator by the deadlines stated. Each application shall be submitted with a site plan map for review by the watershed administrator for review and comments. Once the watershed administrator approves the site plam and application, he shall place the request on the watershed review board's agenda for a recommendation to the city council. The city council shall then hear the request and act on it in the form of approval,  and approval by the Commission; and  approved with conditions, or denial.  Sec. 32-289. - Cluster Development.  Cluster development is allowed in all Watershed Areas under the following conditions:  (A) Minimum lot sizes are not applicable to single family cluster development projects; however, the total number of lots shall not exceed the number of lots allowed for single family detached developments in Sec. 32-286 and minimum setbacks and lot widths maybe be applied. Density or built-upon area for the project shall not exceed that allowed for the critical (B)All built-upon area shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flow through vegetated areas, and maximize the flow length through vegetated areas. (C)Areas of concentrated density development shall be located in upland areas and as far as (D) The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area shal! be conveyed to an incorporated homeowner's association for management; to a local government for presefvation as a park or open space; or to a conservation (E) Cluster developments that meet the applicable low-density requirements shall transport stormwater runoff by vegetated conveyances to the maximum extent practicable.  area, balance of watershed or protected area, whichever applies.  practicable from surface waters and drainageways.  organization for preservation in a permanent easement.  Sec. 32-290. - Vegetated setbacks required.  A vegetated setback is an area of natural vegetation that is adjacent to surface waters, allowing stormwater runoff to flowi in a diffused manner to protect surface waters from degradation due to developmental activities. Thus, the following setback requirements are as follows:    (A). A minimum one hundred (100) foot vegetative setback is required for all new development activities that exceed the low-density option (10/70 provision); otherwise, a minimum thirty (30) foot vegetative setback for development activities is required along all perennial waters indicated on the most recent versions of U.S.G.S. 1:24,000 (7.5 minute) scale topographic maps oras determined byl local government studies. Desirable artificial streambank or 6)WAeelsGs0ponene maps don notdistinguish between perennial and intermittent streams, an on-site stream determination may be performed by an individual qualified to (C) No new development is allowed in the buffer except for water dependent structures, other structures such as flag poles, signs and security lights which result in only diminutive increases in impervious area and public projects such as road crossings and greenways where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater Best Management Practices. Any such development must obtain a zoning permit from the  shoreline stabilization is permitted.  perform such stream determinations and approved by the city engineer.  watershed review board.  Sec. 32-291.- Application of regulations.  (A) No building or land shall hereafter be used, and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located. (B) No area required for the purpose of complying with the provisions of this ordinance shall be (C)Every residential building hereafter. erected, moved or structurally altered shall be located on a lot which conforms to the regulations specified herein, except as permitted in Sec. 32-287. (D) Ifa use or class of use is not specifically indicated as being allowed in a watershed area, such Sec. 32-292. - Rules governing the interpretation of watershed area boundaries.  included in the area required for another building.  use or class of use is prohibited.  Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed  Map, the following rules shal! apply:  (A)Where area boundaries are indicated as approximately following either street, alley, railroad or highway lines or centerlines thereof, such lines shall be construed to be said (B) Where area boundaries are indicated as approximately following lot lines, such lot lines shall be construed to be said boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the city as evidence that one or more properties along (C) Where the watershed area boundaries lie at a scaled distance more than twenty-five (25) feet from any parallel lot line, the location of watershed area boundaries shall be determined by use of the scale appearing on the watershed map. Any ambiguities should be resolved in  boundaries.  these boundaries do not lie within the watershed area.    favor of locating built-upon surface area in the least environmentally sensitive area of the (D) Where the watershed area boundaries lie at a scaled distance oft twenty-five (25) feet or less from any parallel lot line, the location of watershed area boundaries shall be construed to (E)Where other uncertainty exists, the watershed administrator shall interpret the watershed map- as to- Hlocation of such- boundaries.This. decision-may be appealed- to the Watershed-  project.  be the lot line.  Review Board.  Sec. 32-293.- Existing development.  Existing Development, as defined in this ordinance, may be continued and maintained subject to the provisions provided herein. Expansions of structures classified as existing development must meet the requirements of this ordinance, however, the built-upon area of the existing development is not required to be included in the built-upon area calculations. Please see Sec. 32-286 (B) Calculation of Project Density. This section deals with all existing development as defined in the EMC rules. All existing development, whether or not it meets the statewide minimum standards, is exempt from the  provisions of this ordinance.  (A) Uses of land. This category consists of existing development where such use of the land would not be permitted if it were new development. Such uses may be continued except as  follows:  (1) Such use of land shall be changed only to an allowed use.  (2) When such use of land has been changed to an allowed use, it shall not thereafter (3) When such use ceases for a period of at least one year, it shall not be reestablished. (B) Reconstruction of buildings or built-upon areas.. Any existing building or built-upon area not in conformance with the restrictions of this ordinance that has been damaged or removed may be repaired and/or reconstructed, except that there are no restrictions on single family  revert to any prohibited use.  residential development, provided:  (1) Repair or reconstruction is initiated within twelve (12) months and completed within (2) The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.  two (2) years of such damage.  Sec. 32-294. - Watershed protection permit mnon-residential), Requirements for obtaining a watershed protection permit are as follows:  (A) Except for single family residential development, no building or built-upon area shall be erected, moved, enlarged, or structurally altered, nor shall any building permit be issued nor shall any change in the use of any building or land be made until a watershed protection permit has been issued by the watershed administrator. No watershed protection permit shall be issued except in conformity with the provisions of this ordinance. See Sec. 32-282.    Sec. 32-295.-E Building permit required.  No permit required under the North Carolina State Building Code shall be issued for any activity for which a watershed protection permit is required until that permit has been issued. (A)The watershed mnsrtrealiswaatenmt (WSOP) certifying that all requirements of this ordinance have been met prior to the occupancy or use of a building hereafter erected, altered, or moved and/or prior to the change of use of any building or land. The occupancy permit or certificate of occupancy (CO) shall serve as the WSOP and  Sec. 32-296. : Watershed occupancy permit.  marked under zoning.  Sec. 32-297.- Watershed administrator and duties.  The City of King shall appoint a watershed administrator, who shall be duly sworn in. It shall be the duty of the watershed administrator to administer and enforce the provisions oft this ordinance as  follows:  (A)The watershed administrator shall issue watershed protection permits and watershed occupancy permits as prescribed herein. Ai record of all permits shall be kept on file and shall (B) The watershed administrator shall serve as secretary to the watershed review board. (C) The watershed administrator is granted the authority to administer and enforce the provisions of this ordinance, exercising in the fulfillment of his responsibility the full police power of the City of King. The watershed administrator, or his duly authorized representative, may enter any building, structure, or premises, as provided by law, to perform any duty (D) The watershed administrator shall keep records of all amendments to the local water supplywatershed protection ordinance and shall provide copies of all amendments upon adoption to the NC Stormwater Branch of the Division of Energy, Mineral, and Land (E) The watershed administrator shall keep records of thej jurisdiction's use of the provision that a maximum of ten percent (10%) oft the non-critical area of the WS-IVwatershed may be developed with new development at a maximum of seventy percent (70%) bullt-upon surface area. Records for each watershed shall include the total acres of non-critical watershed area, total acres eligible to be developed under this option, total acres approved for this development option, and individual records for each project with the following information: location, number of developed acres, type of land use and stormwater management plan (if applicable). (F) The watershed administrator shall keep a record of variances to the local water supply (G) The watershed administrator is responsible for ensuring that stormwater control measures are inspected at least once a year and shall keep a record of SCM inspections.  be available for public inspection during regular office hours of the City.  imposed upon him by this ordinance.  Resources.  watershed protection ordinance.    Sec. 32-298. - Appeal from the watershed administrator.  Anyo order, decision, or determination made by the watershed administrator may be appealed to and decided by the watershed review board (WRB).. An appeal from a decision of the watershed administrator must be submitted to the watershed review board within thirly 30 calendar days from thedate the order, interpretation, decision, or determinations. issued. All appeals must bemadein writing stating the-reasens for the appeal. Following submission ofan-appeal, the watershed- administrator shall transmit to the WRB all papers constituting the record upon which the action An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the WRB after the notice of appeal has been filed with him, that by reason of facts stated in the certificate of approval for recording, a stay would in his opinion cause imminent peril to life or property. In such a case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the WRB or by a court of record on application of notice of All appeals of watershed administrator decisions shall follow the procedures for appeals of administrative decisions in NC GS 160D-405 and Sec. 32-128 of this ordinance. Sec. 32-299. = Changes and amendments to the watershed protection ordinance. Anyamendments made to this division shall be made per the following guidelines:  appealed from was taken.  the officer from whom the appeal is taken and upon due cause shown.  (A) The City Council of King may, on its own motion or on petition, after public notice and hearing, amend; supplement, change or modify the watershed regulations and restrictions as (B) No action shall be taken until the proposal has been submitted to the watershed review board for review and recommendations. Ifno recommendation has been received from the watershed review board within forty-five (45) days after submission of the proposal to the watershed review board, the City Council of King may proceed as though a favorable report (C) Under no circumstances shall the City Council of King adopt such amendments, supplements or changes that would cause this ordinance to violate the watershed protection rules as adopted by the N.C. Environmental Management Commission. All amendments must  described herein.  had been received.  be filed with the N.C. Division of Energy, Mineral, and Land Resources.  Sec. 32-300. - Public notice and hearing required.  Before adopting or amending this ordinance, the City Council of King shall hold a public hearing on the proposed changes. Notice of the public hearing shall be given once a week fori two successive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten (10) nor more than twenty-five (25) days before the date for the  hearing.    Please publish in the Stokes News. July 11,2024, and. July 18, 2024; Affidavit required,  City of] King Notice of Public Hearing  NOTICE IS HEREBY GIVEN that a series of public hearings will bel held by the City Council ofKing at City Hall, 229 S. Main Street, on the 5th day of August 2024, beginning at 6:00 p.m., Amendment oft the official zoning map and/or ordinance of King, N.C. and/or the granting of as special usej permit by the City Council or Board of Adjustment referenced in Code of Ordinance listed below and per Chapter 32-Zoning, Sec. 32-71, 96 & 127: in the following Item 1: To review and approve NC State revisions to G.S. 160D that have an impact ont the City's code of codified ordinances. Affected chapters are Chapter 22 -] Planning and Developments, Chapter 26 -Subdivisions, and Chapter 32 -4 Zoning. Amendments are being  for the purpose of considering the following:  manner:  adopted as Ordinance #2024-09.  In accordance with the CodeofOrdinances, Chapter 32-Zoning, Sec. 32-96 the City of King Planning Board/Board of Adjustment will review the foregoing amendments on July 22,  2024, andi make a formal recommendation to the City Council.  CITIZENS ARE HEREBY NOTIFIED that upon consideration of the comments at the herein-described public hearings, the City Council may amend the proposed ordinance A copy oft the proposed amendments is on file at the City Hall fori inspection by all interested citizens or you can call the planning department or city clerk at (336)983-8265.  amendments prior to adoption.  Nicole Branshaw, CMC City Clerk    BOARD:City Cooncal DATE: 8-5-2024 DOCUMENT# 5 PAGES: 5  U    CITY OFKING ORDINANCE NO. 2024-10  ORDER' TOPERMANENTLYCLOSE: SHELTONSHACKI BOOZE CIRCLE  WHEREAS, section 160A-299 oft thel North Carolina General Statutes prescribes the procedure tol bet followed! by a cityi in order to permanently close a street or alley; and WHEREAS, the City Council oft the City of King! has determined that Iti is not detrimental toi the interest of the public to permanently close Shelton Shack Booze Circle; and WHEREAS, in orderf for a municipalityt toj properly and lawfully permanently close a street, Section 160A-299 of the North Carolina General Statutes requires that a city council first adopt a resolution declaring its intent to permanently closet the street or portion1 thereofino question NOW, THEREFORE, BE IT RESOLVED byt the City Council of the City of King, this 5th day of  and then call a public hearing ont the question.  August 2024, ast follows:  Section 1.Itist thei intent of the City Council of the City of Kingt to permanenty close Shelton ShackBooze Circle. Said street is located within the corporate limits of the City of King. Section: 2. Apublic hearing on the matter of the above-described proposed permanent closure ofthe described portion of instrument Drivey was called and held at the regular meeting oft the City Council of the City of Kingi int the Council Chambers oft the City of Kinge at City! Hall, 229 SI Main Street, King, NC. At sald publicl hearing, any person could bel heard ont the question ofv whether or not thei intended closing of Shelton Booze Shack Circle would be detrimental to  the public interest or the propertyrights of anyi individual.  Adopted this 5th day ofA August 2024.  eH AAINCI Of NORTH CAROLINA OF  ATTEST:  i  haws  fuddbranslas Nicole Branshaw, City Clerk  Richard E. McCraw, Mayor    North Carolina STOKES COUNTY  APFIDAVIT OF PUBLICATION  Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, sworn, deposes and says: that he (she) is Regional General Manager (Publisher or other officer or employee authorized to make affidavit) of ADAMS PUBLISHING GROUP, LLC, engaged in the publication of a newspaper known as THE STOKES NEWS, published, issued, and entered as periodicals class mail in the city of] King in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, at true copy ofwhich is attached hereto, was published in' THE: STOKES: NEWS on the following dates:  personally appeared Serena Bowman  who being first duly  -1744.7-25,4-1-24  and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 ofthe  General Statutes ofNorth Carolina. This la day of Augst  2024  sunbme Signature of person making affidavit Augnt ahue  Nowthereidro,  Sworn to and subscribed before me, this 16  day of 2024  My Commission expires: September r13,2026  JENNA, JOHNSON Notary! Public- North Carolna Suny County Myo Commission Expiress Beptember 13,2026        City of King Resolution 2024-10  Resolution: fixing date of a public hearing on the question of permanent road closure of Shelton  Shack Booze Circle Road pursuant to NC G.S. 160A-299  Whereas, there exists an undeveloped road, designated as "Shelton Shack Booze Cir. Public 60- foot Right-ol-Way" (the "Road") on the Plat recorded atl Plat Book 20, Page 175,2February: 2023, Stokes County Registry, which lays out the Road on the following described real property (the "Property"):  59 +- acres of real property along' White Road, described as Tracts 2 and 3 int the North Carolina Special Warranty Deed to BRD Land & Investment, recorded at Book 756, Page 262, Stokes County Registry, having the following PINS:  5992434593.000 5992439870.000 5992535041.000 5992425914.000  The Road is generally located beginning at a point approximately 180 feet East of 136 Recreation Acres Lane, traveling in a generally West-Southwest Direction, for an approximate distance of 3,027 feet, and ending at a point on the 400 Block of White Road, abutting the Southern Boundary of 393 White Road; and Whereas, the owner of the Property has asked the City to permanently close the Road; and Whereas, the City has investigated the impact of closing the Road and believes that such closure isn not contrary to the public interest and that no individual owning property in the vicinity of the Road would be deprived of reasonable means ofi ingress and egress to his property by its closure; Now, therefore, be it resolved, by the King City Council oft the City of King, North Carolina that: Section 1. A public hearing on the question of Permanent Road Closure of Shelton Shack  Booze Circle Road shall be held at City Hall at 6 pm on August 5, 2024, at which any person may be heard on the question of whether the closing would be detrimental to the public interest or the property rights of any individual. weeks prior to the public hearing ini the Stokes News, a newspaper havingg general  Section 2. Notice of the public hearing shall be published once a week for four successive  circulation in the City of King, NC.  Adopted the 1st day of July 2024, icie Branshaw Nicole Branshaw, City Clerk  CJUHCIL NORTH CAROMINA OF I  Attest:  BheMAhs Richard E. McCraw, Mayor    a  8888 BOARD.City Coundil  DATE: 8.5.2024 DOCUMENT# #: Lo_P PAGES: 4  ROLI    Exhibit "B-2" City Resolution 3 3 3  STATE OF NORTH CAROLINA COUNTY OF STOKES  RESOLUTION No. 2024-11  WHEREAS, it has been proposed to King City Council (hereafter Council), of King, North Carolina (hereafter "City"), a proposal for City to provide certain incentives to two private companies (hereafter collectively, "Company"), in connection with Company's new investment in real property improvement, machinery, equipment, and business personal WHEREAS, City and County of Stokes (hereafter "County"), propose to extend a utility line to benefit Company where the City pays 50% percent oft the cost of extension, not to exceed WHEREAS, Company proposes to invest two million five hundred thousand dollars in real property improvements, equipment, machinery and business personal property by October 1,  property within the City of King;  $28,300 based upon the estimated project cost of $56,600;  2025.  NOW, THEREFORE BE IT RESOLVED:  1.  City shall provide an incentive grant to Company consistent with an Incentive  Agreement (hereafter Agreement"), not to exceed $28,300 and to include the cost of design, engineering and construction of the extension of the sewer utility line in cooperation with County. Should the lowest reasonable, responsible bid exceed the estimated project cost, City  may provide additional contingency funding not to exceed $3,200.  2.  Company shall invest an aggregate ofr not less than $2.01 million in real property  improvements, equipment, machinery and business personal property by October 1st, 2025, at Company's existing site in Stokes County, North Carolina. Company shall document its expenditures and make Company records accessible to City and County as part of the  documentation process.  3. If Company fails to make the required investment in the required time frame, Company shall reimburse City and County for expenditures relating to extending the utility  line. Reimbursement shall occur within thirty days of October 1st, 2025.  4. The Mayor of the City of King is authorized and directed to execute the Agreement in a form that has been approved by the City Manager and the City Attorney and to deliver the same to the appropriate parties. The City Clerk is authorized and directed to affix the City Seal to the. Agreement and to attest the same. The Agreement shall be in a form as described above with such changes as may be approved by the Mayor. The Mayor's execution of the Agreement shall constitute conclusive evidence of approval of any changes.  [15]    5.  The Agreement in final form, however, must provide (1) the total amount spent  by the City as an incentive grant to the Company not to exceed $31,500 (including contingency funding); and (2) Companysminimum investment of $2.0 million must bei made  by October 1st, 2025.  6. The actions of the City Officers and City Officials are in conformity with the purposes and the intent of this Resolution and in furtherance oft the execution and delivery of the Agreement and the consummation of the transaction contemplated hereby, is hereby  ratified, approved, and confirmed.  7. Any City Council proceedings or parts thereof, in conflict with this Resolution  or, to the extent of such conflict, are hereby repealed.  8. This Resolution should be effective immediately.  Adopted this 5th day of August 2024.  By:  Nehas Richard E. McCraw, City ofI King Mayor  Attest:  didebransla Nicole Branshaw, City Clerk  I,Nicole Branshaw, City Clerk for the City of King, do hereby certify that the foregoing isat true copy ofs so much oft the proceedings oft the City Council ofthe City of] King, North Carolina, at ai meeting held August 5.2024. Witness my hand and the corporate seal ofthe City  ofKing affixed hereto thissibdayofA hugust ,2024.  [SEAL]  Niol Braaskgw Nicole Branshaw, City Clerk  DUNCIL NORTH, CAROLINA  OF  [16]    North Carolina STOKES COUNTY  CLIPPING OF LEGAL ADVERTISEMENT ATTACHED HERE PUBLICNOTICE NOTCERMERB/AVENY PKACHACAIRAINN ARIPgKT MainStreeti! Cityna cated KngNGon t229 S pm.tor MondavAugust: receive publicinputont 5:2024at6 the followi EAEsSDeewen: ncentive greement between ofs theGityfot Stokess auppotingthétund, Kingundihecounty ingof a sewerline expansion toserve thel business reloca tion Of DS/DugglWelding Incand RepA/CIRIOTFADNH cationL into thet Gityof King andStokes County The Sewer lipe expansion: will extendalong the Mead brookrignt PIEISAGIVeMS/SFRCAS MaRglROIAMAnUS pgvihatelces Countyof Stokes andtheity estis mated of $63,000, Nicole Branshaw ublisht7 25:24:237591  AFFIDAVIT OF PUBLICATION  Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified and authorized by law to administer oaths, sworn, deposes and says: that he (she)i is Regional General Manager (Publisher or other officer or employee authorized to make affidavit) of ADAMS PUBLISHING GROUP, LLC, engaged in the publication of a newspaper known as THE STOKES NEWS, published, issued, and entered as periodicals class mail in the city of] King in said County and State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy ofwhich is attached hereto, was published in' THE: STOKES NEWS on the following dates:  personally appeared Serena Bowman  who being first duly  7-25-Q4  uptothe  and that the said newspaper in which such notice, paper, document or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Section 1-597 of the General Statutes of North Carolina and was a qualified newspaper within the meaning of Section 1-597 oft the  General Statutes ofNorth Carolina. This 26W day of_ Ouke  2024  Munbnnne Signature of person making affidavit  Sworn to and subscribed before me, this &GNb day of  de Notary  2024  Ba  My Commission expires: September 13, 2026  JENNA JOHNSON Notary Public- North Carolina Surry County Myo Commisslon Expires September 13,2026    BOARD: CifyCooncil DATE: 8:5-2024 DOCUMENT#: 7 PAGES: 3    CITY OF KING RESOLUTION 2024-12  AF Resolution Approving Financing Terms for Three Police' Vehicles and Equipment WHEREAS, the City of King "City" has previously determined to undertake a project for Three Police Vehicles and Equipment, "the Project" andt the Finance Officer has now presented a proposal for thet financing of such Project.  BE ITTHEREFORE RESOLVED AS FOLLOWS:  The City hereby determines tot finance the Project through First National Bank ("Lender"), in accordance with the proposal dated. July 26, 2024. The amount financed shall not exceed! $432,500, the annual interest rate (int the absence of default or change int tax status) shall note exceed 4.40%, andi thei financing term shall not exceed five years 2. All financing contracts and all related documents for the closing of thet financing' "the Financing Documents" shall be consistent with thei foregoing terms. All officers and employees of the City ("Borrower"): are hereby authorized and directedi to execute and deliver any Financing Documents, andt to take all such further action as they may consider necessary or desirable, to carry out thet financing of the Project as contemplated byt thep proposal andi this resolution. 3. The Finance Officer is hereby authorized: and directed to hold executed copies oft the Financing Documents until the conditions fort the dellvery of the Financing Documents have been completed to such officer's satisfaction. The Finance Offiçer is authorizedi to approve changes to any Financing Documents previously signed by Borrower officers ore employees, provided that such changes shall not substantially alter thei intent ofs such documents or certificates from thei intent expressed int the forms executed bys such officers. The Financing Documents shall bei in such final forms ast the Finance Officer shall approve, with the Finance Officer'srelease ofa any Financing Document for delivery constituting conclusive evidence of such officer's final approval of the Document's final form. The Borrower shall not take or omit to take any action thet taking or omission of which shall causei its interest payments on this financing to bei includable ini the gross incomei for federal income tax purposes of the registered owners of thei interest payment obligations. The Borrower hereby designates its obligations to make principal and interest payments under thel Financing Documents as' "qualified tax-exempt obligations" for the purpose of Internal The Borrower intends that the adoption of this resolution willl be a declaration oft the Borrower's official intent to reimburse expenditures for the project thati is to bei financed from the proceeds oft the Lender financing described above. The! Borrower intends thati funds that have been advanced, or that may be advanced, from the Borrower's general fund, or any other Borrower fund related to the project, for project costs may be reimbursed from the 6. All prior actions of Borrower officers in furtherance of the purposes oft this resolution are! hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, tot the  (5)years from closing.  Revenue Code Section 265(b)(3).  financing proceeds.  extent oft the conflict. This resolution shall take effect immediately. IN WITNESS WHEREOF, this resolwimawpsadopted this the! 5th day August 2024.  OUNCIL NORTH. CAROLINA OF KI  (SEAL) ATTEST:  CITY OFK KING  Viede Brantas Nicole Branshaw, City Clerk  Richard E. McCraw, Mayor    Notice of Public Hearing  Notice is hereby given that the King City Council will hold a public hearing at King City Hall located at 229 S. Main Street, King, NC, on Monday, August 5, 2024, at  6 p.m., to receive public input on the following:  1. Consideration of approval of financing for three vehicles and  equipment for the Police Department.  Nicole Branshaw City Clerk    Public Utilities Water/Sewer Connection Fees  Capacity Charge Water* Capacity Charge Sewer*  $550.00 $800.00 $2,200.00 $2,970.00 $3,850.00 $6,050.00 $7,700.00 $1,650.00 $1,650.00 $3,080.00 $5,280.00 $12.00 $22.00 *$7.25 *$29.00  "Non-residential customers shall be charged based ont the estimated average daily use as determined byt the Public Utilities Superintendent and/or City Engineer  Connection Fees Water Tap 3/4" meter Connection Fees Water Tap 1"r meter Connection Fees Water Tap: 2" meter Connection Fees Water Tap 4" meter Connection Fees- Water Tap 6" meter Connection Fees Water Tap 2ndt tap for sprinkler system Connection Fees Sewer Tap 4" meter (plus building permit) Connection Fees Sewer Tap 6" meter (plus building permit) Connection Fees Sewer Tap 8" meter (plus building permit) Line Availability Fees Water (per linear foot) Line Availability Fees Sewer (per linear foot)  BOARD: DATE: 8.5-2024 DOCUMENT# #8 PAGES: I  Ctylouncil  Public Utilities Sewer Biochemical Oxygen Demand/Total Suspended Solid Usage Rates Residents & Non-Food Establishment Sewer/Utility Customers ($3.625 per month billed bi-monthly*) Food Service Establishment Utility Customers ($14.50 per month billed bi-monthly*)  Public Utilities Water/Sewer Usage Rates  Clean Up Fee Hydrant hook onf fee Utility deposit for all customers Meter Testing Fee Meter Re-read Fee Reconnect fee Broken payment arrangement fee Meter lid replacement Meter box replacement Sewer cleanout replacement  $50.00 $50.00 $1,200.00 $25.00 $15.00 $100.00 $50.00 $30.00 $100.00 $100.00 $50.00 $50.00 $80.00 $25.00 $3.45 $4.40 $29.86 $3.20 $40.31 $4.32 $109.25 $6.25 $147.49 $8.44  Second trip (if necessary to connect service for a new customer) Bulk Sale of Water from any hydrant (Rental of Hydrant Meter)  Sale of Water from hydrant at Utilities Maintenance Shop or Water Plant (pert thousand gallons)  Additional Reconnection Fee when meter has been removed or locked out ofs service  Convenience Fee charged by card processor for credit/debit cards for utility bills only Convenience Fee charged by card processor for pay by phone Water Base Rate* - bi-monthly (inside city limits) 0-4000 gallons Additional Rate bi-monthly (inside city limits) per thousand gallons over 4,000 gallons Water Base Rate* bi-monthly (outside city! limits) 0-4000 gallons Additional Rate - bi-monthly (outside city! limits) per thousand gallons over 4,000 gallons Sewer Base Rate*. bi-monthly (inside city limits) 0-4000 gallons Additional Rate- bi-monthly (inside cityl limits) per thousand gallons over 4,000 gallons Sewer Base Rate* bi-monthly (outside city limits) 0-4000 gallons Additional Rate- bi-monthly (outside city limits) per thousand gallons over 4,000 gallons  per consumerlunit  "per consumer/unit  8    BOAD.CinyCoondl DATE: 8-5.2024 DOCUMENT #: 9 PAGES:  Section 14. Limitation on Employment of Relatives  @ The City prohibits the employment of any person me-epemmamem-pesiion who is an immediate family-member a relative of individuals holding the following positions: Mayor, Mayor Pro Tem, City Council Member, City Manager, Finance Officer, City Engineer, Police Chief, Fire Chief_City Clerk or City Attorney. Shauléamimmaliate-amiymemhe-afciy mplyeeledhaalehwyagnitmalsaflhe bagmingaflerihmivesiemefelie-Ihe Citywill not hire or promote individuals whose Otherwise, the City will consider employing relatives amymembetserrelaepeeNSHRe  employment would bei in conflict with this policy.  servieeefthe-eity, provided that such employment does not:  @) Result in relatives supervising relatives, directly or indirectly; (b) Result in a relative auditing the work ofarelative; (C) Create a conflict ofinterest with either relative and the city;or (@) Create the potential or perception offavoritism.  (b) After the adoption oft this policy on August 5, 2024, if an employee's relative is elected Mayor or City Council Member, the employee will be required to resign from employment with the City within six months oft the beginning of the elected relative's term ofoffice,  (C) This policy shall not be retroactive, and no city employee whose employment would be eseig osemembenseFlesansmme-amlyempyed in conflict with the above prior to the adoption oft thispolicy on August 5, 2024 willl be required to resign from  his or her employment with the City.  (@) Immediate-family Relative is defined for the purpose of this section as spouse, mother, father, children, sister, brother, grandchildren, grandparent, uncle, aunt, niece. nephew, cousin, plus the various combinations ofhalf, step, in-law and adopted relationships that can be derived from those named herein, members of the same household including co-habitants or a person with whom the individual has a close bond that would suggest actual or potential conflict of interest in the employment relationship (i.e.. fiance(e) or partner in long-term committed  relationship).