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Home My WebLink AboutSeptember_6_2005_Regular MinutesIREDELL COUNTY BOARD OF COMMISSIONERS REGULAR MINUTES SEPTEMBER 6 2005 The Iredell County Board of Commissioners met in Regular Session on Tuesday, September 6, 2005, at 7:00 p.m., in the Iredell County Government Center (Commissioners' Meeting Room), 200 South Center Street, Statesville, NC. Present were: Sara Haire Tice, Chairman Vice Chairman Godfrey Williams Steve Johnson Ken Robertson Marvin Norman Staff present: County Manager Joel Mashburn, County Attorney Bill Pope, Deputy County Manager Susan Blumenstein, Planning Supervisor Steve Warren, and Clerk to the Board Jean Moore. CALL TO ORDER by Chairman Tice. NATIONAL ANTHEM & INVOCATION: The Harmony for Fun Barbershop Quartet performed "The Star-Spangled Banner" and provided the invocation. PLEDGE OF ALLEGIANCE ADJUSTMENTS OF THE AGENDA: MOTION by Chairman Tice to approve the agenda with the following revisions: Addition: *Closed Session — G.S. 143-318.11(a) (4) for Economic Development Deletions: *Request from the Harmony Mayor and Aldermen for Iredell County to Administer Zoning Inside the Town Limits (see briefing minutes) *Request from the Clerk of Court for a Discussion/Decision Regarding Video Arraignment Equipment for the Iredell County Government Center -South (This item was delayed until the Sept. 20 meeting.) RECOGNITION OF RETIREE NORMAN (JUNIOR) HOOVER: Harlan Templeton, the Civil Supervisor for the Sheriff's Department, accompanied Retiree Junior Hoover to the meeting. Templeton said Hoover for the past 30 years had provided invaluable law enforcement service to the county. He said Mr. Hoover had served six different sheriffs, and during the course of employment had "distinguished himself many times." Templeton said a civil process server was one of the highest liability positions in law enforcement. Chairman Tice also commended Deputy Hoover and wished him good health and much happiness in retirement. She presented a plaque to him and expressed appreciation for his many years of service. PUBLIC HEARING Chairman Tice declared the meeting to be in a public hearing. Proposed Amendments to the Iredell County Watershed Ordinance: Planning Supervisor Warren said the watershed ordinance was adopted in 1993, and it was created with the use of a model document from the state. Warren said revisions were now in order, and they consisted of minor clerical corrections and some substantive changes. He reviewed the suggested changes as follows: (additions are underlined and deletions are shown with the use of strikeouts) IREDELL COUNTY WATERSHED PROTECTION ORDINANCE ARTICLE 100: AUTHORITY AND GENERAL REGULATIONS Section 101. Authority and Enactment. The Legislature of the State of North Carolina has, in Chapter 153A, Article 6, Section 121, General Ordinance Authority; and in Chapter 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry. The Governing Board of Iredell County Board of Commissioners does hereby ordain and enact into law the following articles as the Watershed Protection Ordinance of Iredell County. This Ordinance .n.y also be, referred to L. he "ui^tergh^a Orli , or the "Iredell Count watershed Orlin Section 102. Jurisdiction. The provisions of this Ordinance shall apply within the areas designated as a Public Water Supply Watershed by the N.C. Environmental Management Commission and shall be defined and established on the map entitled, "Watershed Protection Map of Iredell County, North Carolina" ("the Watershed Map"), which is adopted simultaneously herewith. All areas governed by this Ordinance shall be located outside the planning jurisdiction of the City of Statesville, North Carolina, Town of Mooresville, North Carolina and the Town of Troutman, North Carolina. 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 office of the Iredell County Planning Department. Section 103. Exceptions to Applicability. A. Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision of this Ordinance amend, modify, or restrict any provisions of the Code of Ordinances of Iredell County; however, the adoption of this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in Iredell County at the time of the adoption of this Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance or to conflict with any of its provisions. B. It is not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, if the provisions of these regulations impose greater restrictions or higher standards for the use of a building or land, then the provisions of these regulations shall control. C. Existing development, as defined in this ordinance, is not subject to the requirements of this ordinance. Expansions to structures classified as existing development (on any lot other than ^ lot containing a single- family residence as the principal tiso must meet the requirements of this ordinance, however, the built - upon area of the existing development is not required to be included in the density calculations. B. A pre existing If a non -conforming lot of record is not contiguous to anv other lot owned by -the same party, then that lot of record shall not be subject to the development restrictions of this ordinance if it is an individual prior to the, effeetive date of this ordinance, regardless of whether or not a. vested righ has been may he developed for single family -residential purposes without being Subject to the restrictions of this ^mina^^^ Any lot or parcel created as part of anv type of subdivision that is exempt from 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 requirements to the maximum extent possible. However, this exemption is not applicable to multiple contiguous lots under single ownership. Multiple contiguous undeveloped lots under single ownership to be developed for single-family purposes which are deficient in area (per the particular WS district requirement) will have to be combined in a manner so that the resultant lots meet the underlying zoning district requirements or meet the following minimumareatoned areas. Section 104. Criminal Penalties. Any person, firm, or corporation violating the provisions of this Ordinance shall upon conviction, be guilty of a misdemeanor and upon conviction, shall be punished in accordance with NCGS 14-4. fried art amount not to exceed days.five hundred ($500.00) dollars and/oF imprisoned far a period not to exceed thirty (30) Each day that the of violation continues shall constitute shall be considered a separate and distinct offense provided that the violation of this Ordinance is not corrected within ten (10) thirty (30) days after notice of said violation is given. Once--the-ten day waming period has expired, each day which the violation Pommueq shall subject the viohuoF to additional eitations to be, issued by the Planning Director. The following Penalties are herby establishedi Warning Cttaa�,Correct Violation Within Ten (1 0) Be3s First Citation- e I 00 .0 Second. Citation- $250.0 2 Section 105. Remedies. A. If anv subdivision, development and/or land use is found to be in violation of this Ordinance, the Iredell County Board of Commissioners may, in addition to all other remedies available either in law or in equity, instate a civil penalty by giving seven (7) days to bring the violation into compliance and notifying that the penaltv for the violation is $100 for the first citation. If the owner comes into compliance within the seven (7) days, a $100 penalty will be collected. If the owner or occupant fails to come into compliance, a second Citation will be issued extending the deadline by another seven (7) days and assessing a penalty of $100 per day for each day the violation continues thereafter. Further failure to come into compliance will result in the case being submitted to the Countv Attornev for enforcement and otential legal action. In addition, the N.C. Environmental Management Commission may assess civil penalties in accordance with G.S. 143-215.6(a). Each day that the violation continues shall constitute a separate offense. B. If the Plaiiiiing Difeete Watershed Administrator finds that any of the provisions of this ordinance are being violated, he shall notifv in the person responsible for such violation, indicating the nature of the violation, and ordering the action necessary to correct it. He shall order discontinuance of the illegal use of land, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this Ordinance to ensure compliance with or to prevent violation of its provisions. If a ruling of the nit Watershed Administrator is questioned, the aggrieved party or parties may appeal such ruling to the Board of Adjustment in accordance with Section 5023 of this Ordinance. Section 106. 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. Section 107. Effective Date. This Ordinance shall take effect and be in force on January 1, 1994. The Ordinance was adopted on December 7, 1993 by the Iredell County Board of Commissioners. ARTICLE 200: SUBDIVISION REGULATIONS. Provisions in Section -are derived in part from North Carolina General Statutes Chapter 153A, Article 18, Part 2 Provisions in Article 200 shall apply only within the corporate limits of the Towns of Love Valley and Harmony. All others areas within the jurisdiction of this Ordinance (unincorporated areas not within the planning jurisdiction of another municipality) shall follow the subdivision regulations contained in the Iredell County Subdivision Ordinance. Section 201. General Provisions. A. No subdivision plat of land within the corporate limits of Love Valley and Harmony which lies within -a the Public Water Supply Watershed designated Distriet (as depieted anz;,p, "I.ater-sheshall be 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 such plat would be in conflict with this Article. B. The approval of a plat does not constitute or effect the acceptance by the [county][town] or the public of the dedication of any street or other ground, easement, right-of-way, public utility line, or other public facility shown on the plat and shall not be construed to do so. C. All subdivisions shall conform with the mapping requirements contained in G.S.47-30. D. All subdivisions of land within the it risdiction of [county]Itownl after the effective date of this ordinance shall require a plat to be prepared, approved, and recorded pursuant to this ordinance. Section 202. Subdivision Application and Review Procedures. A. All proposed subdivisions (as designated in Section 201) shall be reviewed prior to recording with the Register of Deeds by submitting a vicinity map to the Subdivision Administrator Plann'ng-Direetor to determine 44 -whether or not the property is located within a designated Public Water Supply Watershed -and -2) whether the proposed subdiN ision meets minimum standards as described in Section.. Subdivisions that are not within the designated watershed area shall not be subieet to the provisions of this ordinance and may be recorded provided the Subdivision Administrator signs the Certificate of Approval for recording. In addition, subdivisions within a WS -IV protected watershed are subject to the provisions of this Ordinance only when an erosion and sedimentation plan is required to be tiled under the provisions of the North Carolina- Statutes State law, or approved an -adopted local sedimentationcontrol plan -program. Subdivisions that are not within the designated watershed area shall not be subject to the provisions of t Ordinance and maybe recorded PFON'ided the Planning Director signs the vicinity map, noting such exemption, Subdivisions within the designated watershed area shall comply with the provisions of this Article and all other state and local requirements that may apply. B. Subdivision applications shall be tiled with the Subdivision Administrator. The application shall include a completed application form, two (2) copies of the plat and supporting documentation deemed necessary by the Subdivision Administrator (see appendix A). C. The Planning Director Subdivision Administrator shall review the completed application and shall either have do i orit. t the Subdivision, :F;tr;r „ate-t„�uat,,o��..' -�a approve, approve conditionally or disapprove each application. ,. meets the requirements, of qoetion 101 by signing the vicinity map and noting his ap . The Subdivision Administrator shall take final action within thirtv (30) days of submission of the application. The Subdivision Administrator may provide public agencies an opportunity to review and make recommendations. However, failure of the agencies to submit their comments and recommendations shall not delay action within the prescribed time limit. D. If the Subdivision Administrator approves the application, such approval shall be indicated on both copies of the plat by the following certificate and signed by the Subdivision Administrator: Certificate of Approval for Recording The (name of subdivision) Subdivision, to the best of my knowledge, does not lie within a Water Supply Watershed designated by the Environmental Management Commission as appears on the Watershed Protection Map of Iredell County. 4 Date Subdivision Administrator OR Lots (fill in appropriate lot numbers) of the name of subdivision) Subdivision, to the best of my knowledge, lie within the (classification of watershed) of the (name of body of water), as designated by the Environmental Management Commission as appears on the Watershed Protection Map of Iredell County. Lotsfill in appropriate lot numbers) of the (name of subdivision) do not lie within a water supply watershed. Date Subdivision Administrator NOTICE: This property is located within a Public Water SUDDIV Watershed - develonment restrictions may apply. OR All lots within the (name of subdivision) Subdivision, to the best of my knowledge lie within the (classification of watershed) of the (name of body of water), as designated by the Environmental Management Commission as annears on the Watershed Protection Man of Iredell County. Date Subdivision Administrator NOTICE: This propertv is located within a Public Water Supply Watershed - development restrictions may apply. E. If the ' Subdivision Administrator shall Hoti6 the Subdivider of the, Fea-soll's f4 the, deflia.]. Appeals to the decision of the Planning Direetof may be Hiad ,.,._a,,. ee vVith Sectio, cnz disapproves or approves conditionally the application, the reasons for such action shall be stated in writing for the applicant. The subdivider may make changes and submit a revised plan which shall constitute a separate request for the purpose of review. Section 203. Subdivision Standards and Required Improvements. A. All lots shall provide adequate building space in accordance with the development standards contained in Article 300. B. For the purpose of calculating built -upon area and densitv, total project area shall include total acreage in the tract on which the project is to be developed. 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 that diverts stormwater runoff awav from surface waters and incorporates best management practices to minimize water quality impacts. D. Erosion and Sedimentation Control. The application shall, where required, be accompanied by a written statement that a Sedimentation and Erosion Control Plan has been submitted to and approved by the N.C. Division of Land Quality. E. Roads constructed in critical areas and watershed buffer areas. Roads constructed in critical areas and watershed buffer areas. Where possible, roads should be located outside of critical areas and watershed buffer areas. Roads constructed within these areas shall be designed and constructed to minimize their impact on water quality. ARTICLE 300: DEVELOPMENT REGULATIONS Section 301. Establishment of Watershed Areas. The purpose of this Article is to list and describe the watershed areas herein adopted. For purposes of this Ordinance, Iredell County is hereby divided into the following areas WS -II -BW (Balance of Watershed) WS -III -BW (Balance of Watershed) WS -IV -CA (Critical Area) WS -IV -PA (Protected Area) Section 302. Watershed Areas Described. A. WS -II Watershed Areas - Balance of Watershed (WS -11 -BW). In order to maintain predominantly undeveloped land use intensity pattern, single family residential uses shall be allowed at a maximum of one (1) dwelling unit per acre. All other residential and non-residential development shall be allowed a maximum built -upon area of twelve percent (12%) on a pfajeet by pfojeet bass built -upon area. in addition, non residential uses may occupy ten percent (109%) of the Yadkin Rap]( CrpA( .. afPrsh Pd which ich is located within ifedell County's jurisdiction, and ten percent (10%) of the balance of the Coddle Creek � ateFshed whie located within Ifedell Courty'sjoFisdietioH and may be developed with non residential uses, with tip to seventy per�w (70%) built .. ct b project basis Men residential us&q n the, Yadkin Back Creek .*rTro�vToaTr`-�.F'�T-a7 F r�'o. Watershed which can qualify fi)r the seNenty percent (70%) built tip area ratio shall be served by public -OF in order to qualify for the seventy percent 0 ) built upon area ratio in Cod -die CreA., the development shall be non residential in nature. The Planning Direeto is, tis consistent with all other applicable r , no a first come, first qer,�Pd basis. Approved Projects s minimize built upon surface area, direct siortrovater away from surface waters «.J incorporate Best Management Practices to minimize water quality impacts. Non discharging landfills osid.,.I.. application sites are allowed 1. Allowed Uses: (if permitted in the undeflyi ... zoning district if ,oned): a) Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990. Annual operations deemed permitted unde 15A NC n C 114 0217Animal operations deemed permitted and permitted under 1 5A NCAC C 2H .0217 are permitted, (Note� The Soil and Water Conservation Commission is, !he Designated management agency responsible fiff implementing the PFONriSieflS of this ordinance Felaring to agricultural aetivities.4 b) Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6[01-.0209). C) Residential development (Single family, t� 0 family, cluster, and multi lamily deN elopment), d) Non-residential development exeept no NPDES will be issued for landfills that diseharge treated leaehate excluding discharging landfills. 2. Density and Built -upon Limits: a) Single Family Residential --Development shall not exceed one dwelling unit per acre on a project by project basis. No residential lot shall be less than one acre, except within an approved cluster development (See Seetieti 303 of this f,_a:.ia flee) wan also be all .A .a 6 b) All Other Residential and Non -Residential --Development shall not exceed twelve percent (12%) built -upon area on a project by project , , basis. 1...--ada.a'�^n except that up to ten percent (10%) of the balance of the Yadkin Back Creek watershed which is located within Iredell County's jurisdiction, and ten percent (10%) of the balance of the Coddle Creek watershed which is located within Iredell County's jurisdiction may be developed at up to seventy percent for non residential -uwith a 11 '70%1 built -upon area ratio. Non- residential uses in the Yadkin Back Water Creek Watershed which can qualify for the seventy percent (70%) built upon ratio shall be served by public or community water and sewer and zoned for business or industrial uses (C -B, G -B, H -B, N -B, S -C, M-1, M-2). In order to qualify for the seventy percent (70%) built -upon area ratio in Coddle Creek, the development shall be non-residential in nature. For the purpose of calculating built -upon area, total project area shall include total acreage in the tract on which the project is to be developed. For expansion to eNisting development, the existing built upon surfoee is no counted toward the maximum allowed seventy percent (7004) built upon area. B. WS -III Watershed Areas - Balance of Watershed (WS -III -BW). In order to maintain a low to moderate land use intensity, single family residential detached uses shall develop at a maximum of two (2) dwelling units per acre. All other residential and non-residential development shall be allowed at a maximum of twenty-four percent (24%) built -upon area on a project b protect basis in addition, n residential uses ial uses new may occup5 ten percent 0 ) of the balance of the watershed which is located within the jurisdiction Of o The m......:..,. fffeRT"c-r�m.xmTg Director is authorized to approve such non residential projects emisistent with all other applicable i�of this Ordinance. Approved projects must, minimize built upon surface area, direct adischarging landfills and residuals application sites are, allowed 1. Allowed Uses: (;f permitted in the underlying zoning district if the area is .ed): a. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural Conservation and Trade Act of 1990 and 1 c A NCAC 114 02I7 n.. mal ,.esti,., depmed ..ermi ted ,.., b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209). c. Residential development (Single d. Non-residential development excluding discharging landfills he .,.1 f.... landfills that thiel..,..e treated llea.hate- 2. Density and Built -upon Limits: a. Single Family Residential --Development shall not exceed two (2) dwelling units per acre, as defined on a project by project basis. No residential lot shall be less than one-half (1/2) acre, except within an approved Cluster developments (See Seetion anal shall also be allowed. b. All Other Residential and Non -Residential --Development shall not exceed twenty-four percent (24%) built -upon area on a project by project basis except that up to ten percent (I0%) of the balance of the watershed (located within the jurisdiction of this Ordinance) may be developed for non residential uses with new development and expansions to existing development at up to seventy percent (70%) a 24-70% built -upon area on a project by project basis. For the purpose of calculating built -upon area, total project area shall include total acreage in the tract on which the project is to be developed. For expansions to existing development, the existing built upon surface area is not counted toward the maximum allowed seventy percent (70%) built upon ...._r..,.,..._eil C. WS -IV Watershed Areas - Critical Area (WS -IV -CA). Only New development activities that require an erosion/sedimentation control plan under State law or approved local program are required to meet the provisions of this Ordinance when located in a WS -IV watershed. This also includes additions to existing development activities that would cause the deVelODment to total an acre or more. In order to address a moderate to high land use intensity pattern, single-family residential uses are allowed at a maximum of two (2) dwelling units per acre. All other residential and non-residential development shall be allowed with a maximumi'm..lt upon are of twenty-four percent (24%) built -upon area d pend^^ o ..>,^'>,^. '" 1^. high deHs:t. ,mow:,... is used. (Retef to Seet:O.. 507 f9F ...f0F....1t.8.. OR the high d......a),...d,...\ Ne new 7 residuals application sites for lend application of residuals and landfills are specifically prohibited. (High density development using engineered stormwater control devices is permitted in this district. Ultimate responsibility for the operation and maintenance of these facilities will rest with the local government. Please refer to Appendix C for a more detailed explanation of this topic.) 1. Allowed Uses. (if ,hied in the underlying zoning district if the are is > a. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990 and 15 A NC A C'o 0217. n. Fie ilianal activities eond ,,.ted after january 1, 1991 shall maintain a minimum ten (10) too! vegetative buffer, or equivalen control as determined by the and the rules and regulations of the Soil and Water Conservation Commission along all Perenniald waters indicated on the . est repent versions ,.f r r e !1 c 1:24,000 (7.5 minute) scale topographic maps or s determined by local government studies. A..:.«.d ope tions deemed permitted and permitted under 15A NCAC 211 .0217 a., allo-ed. (Note. The Soil and Water Gonseplation Commission is the Designated management agency responsible, to implementing the provisionsof this ord'... nce \ b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1L6101-.0209). c. Residential Development (Single family, two family, eluster, and multi family.1 eyel...........4\ d. Non-residential development, excluding: 1) landfills and 2) sites for land application of residuals or petroleum contaminated soils. 2. Density and Built -upon Limits: a. Single Family Residential --development shall not exceed two dwelling units per acre on a project by project basis. No residential lot shall be less than one-half (1/2) acre, except within an approved cluster developments4See Section 303) shall also be allowed. b. All Other Residential and Non -Residential --Development shall not exceed twenty-four percent (24%) built -upon area on a project by project basis if the low density option is used and fill. Percent (50%) :f the high density option is used The high density option shall only be available for use in the Catawba Lake Norman and Lookout Shoals Lake watersheds. For the purpose of calculating the built -upon area, total project area shall include total acreage in the tract on which the project is to be developed. D. WS -IV Watershed Areas - Protected Area (WS -IV -PA). Ouly New development activities that require an erosion/sedimentation control plan under State law or approved local government program are required to meet the provisions of this Ordinance when located in a WS -IV watershed. This also includes additions to existing development activities that would cause the development to total an acre or more. In order to address a moderate to high land use intensity patten?, single family residential uses shall develop at a maximum of two (2) dwelling units per acre or three (3) dwelling units Her acre depending on • hether curb and gutter are PrON . All other residential and non-residential development shall be allowed at a maximum of 240/4-3"o built -upon area on a pfojeet by projectbasis depending ,.n whether curb and gutter is ...,..,idea option.Norman Refer to Section 507 for more, information on the high density A maximum of three (3) dwelling units Der acre or thirtv-six (36%) Dercent built moon area is allowed for nroiects without a curb and gutter street system. Not withstanding the above, ten percent 0 ) of the 'A'S 1\1 (PA) areas of both the, and- SouthYadkin River watersheds such existing May be developed with development with new development projects (other than Single family) a 24 7004, built upen area (if curb and gutter is provided) 36 0 built upon area (if curb and gutter is not Provided) in addition to the PwA, development otherwise allowed in this district. For potorted toward the allocated expansions to existing severity percent (70%) development, the existing built upon surface area is not built ....,.n are.. (High density development using engineered stormwater control devices is permitted in this district. Ultimate responsibility for the operation and maintenance of these facilities will rest with the local government. Please refer to Appendix C for a more detailed explanation of this topic.) Uses Allowed: a. Agriculture subject to the provisions of the Food Security Act of 1985 and the Food, Agricultural, Conservation and Trade Act of 1990 acid ' &A NG.A C 114 0217 Animal operations deemed permitted and permitted under 15A NGA C 114 ml_ 17 are allowed. (Note: The Seii and Water Corrservation Commission i� the De�ignated Management Ageney responsible to implementing the provisions ofthis Ordinance relating to agriculture aetivities.) b. Silviculture, subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 11.6101-.0209). F Residential development (Single family, two family, cluster, and multi family development). d. Non-residential development. 2. Density and Built -upon Limits: a. Single Family Residential --Development shall not exceed two (2) dwelling units per acre, as defined on a project by project basis. No residential lot shall be less than one-half (1/2) acre, or one-third (1/3) thfee43j-mots-per acre for projects without a -curb and gutter system e, xcept within an approved cluster development. s (See Section 303) are, allowed b. All Other Residential and Non -Residential For projects with curb and gutter, Development shall not exceed twenty-four percent (24%) built -upon area on a project by project basis. undo the low density option,—For projects without a curb and gutter street system, development shall not ems -exceed thirty-six percent -(36%) built -upon area on a project by project basis u ride_ «6o I^^ density ^. In the Catawba Lake Norman and Lookout Shoals Lake watersheds only, development under the high density option of up to seventy percent (70%) built - upon area is allowed tinder the high density option. For the purpose of calculating built -upon area, total project area shall include acreage in the tract on which the project is to be developed. E In addition to the development allowed under paragraph b., new development and expansions to existing development may occupy up to Not withstanding the above, ten percent (10%) of the MIS FV (PA) protected areas of both the Cooleemee and South Yadkin River watersheds may be developed with new development projects (other than single firmily) and A existing developme with up to seventy percent 24-470%) built -upon area on a project by project basis, when approved as a special intensity allocation(SIA). The Watershed Administrator is authorized to approve SIAs consistent with the provisions of this ordinance. Projects must, to the maximum extent practicable, minimize built -upon surface area, direct stormwater away from surface waters and incorporate Best Management Practices to minimize water quality impacts. and 16 ono/ built upon area (if curb andgutter is not provided) in addition to the, now development otherwise allowed in this district For the purpose of calculating built -upon area, total Droiect area shall include total acreage in the tract on which the Droiect is to be developed. counted. toward. the allocated seventy pereentk74V Section 303. Cluster Development. Cluster development shall be is allowed in all Watershed Areas under _sHbjeet to all ot provisions of this Ordinance, provided that the following conditions overall objectives are met - 1. Minimum lot sizes are not applicable to single familv cluster development Droiects: however, the total number of lots shall not exceed the number of lots allowed for single family detached developments in Section 302. The overall Density or built -upon area for of the project shall not exceed that allowed for the critical area meets the assoeiatedor balance of watershed, whichever applies.-stermwater eorrhol requirements under these, rules. Maximum densities far single family residential uses shall be, as follows: WATERSHED DISTRICT MAXIMUM DENSITY (DWELLING UNITS PER ACRE) WS -II -BW (Balance of Watershed) One (1) dwelling unit per acre WS -III -BW (Balance of Watershed) One (1) dwelling unit per acre WS -IV --CA (Critical Area) Two (2) dwelling units per acre 9 WS -IV -PA (Protected Area) Two (2) dwelling units per acre with curb and gutter, three (3) dwelling units per acre without curb and gutter 2. Buffers must meet the minimum guidelines established in Section 304-. 3. All built -upon areas are shall be designed and located to minimize stormwater runoff impact to the receiving waters and minimize concentrated stormwater flow, maximize the use of sheet flo through Vegetated afeas, aH,I _.axil...:..o the letigth thfeH h vegetated afea.. 4. Areas of concentrated density development area to be located in upland areas and away, to the maximum 5. The remainder of the tract shall remain in a vegetated or natural state. The title to the open space area in the � egetated BE ..a...fal ,.tate ._..., shall be conveyed to an incorporated-prepexty homeowners association for management; to a local government for preservation as a park or greenway open space; or to a conservation organization for preservation; or be placed in a n or farmland preservation in a permanent easement. Where a property association is not incorporated, a maintenance agreement shall be filed with the property deeds. 6. practicable. Section 304. Buffer Areas Required. A minimum one hundred (100) foot veeetative buffer is required for all new development activities that exceed the low density option; otherwise, a minimum thirty (30) foot vegetative buffer 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 or as determined by local government studies. Desirable artificial streambank or shoreline stabilization is permitted. 2. No new development that requires a zoning permit is allowed in said buffer except for water dependent structures, (e.g., piers, doeks, eet.` 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. Section 305. Rules Governing the Interpretation of Watershed Area Boundaries. Where uncertainty exists as to the boundaries of the watershed areas, as shown on the Watershed Map, the following rules shall 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 boundaries. 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 Iredell Countv as evidence that one or more properties along these boundaries do not lie within the watershed area. C. Where the watershed area boundaries of a _.,."..tlaf WS di lie at a scaled distance more than twenty-five (25) feet from any parallel lot line, the location of said WS district watershed area boundaries shall be determined by use of the scale appearing on the watershed map. D. Where the watershed area boundaries of a particular WS distnet lie at a scaled distance of twenty-five (25) feet or less from any adjoining parallel lot line, the lot line ma be used as �ndaf�-location of watershed area boundaries shall be construed to be the lot line. E. Where other uncertainty exists, the Watershed Administrator °.:am nE nireetor shall interpret the Watershed Map as to location of such boundaries. This decision may be appealed to the Board of Adjustment in accordance with Section 502 of this Ordinance. Section 306. 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. 10 B. No area required for the purpose of complying with the provisions of this ordinance shall be included in the area required for another building. D. If a use or class of use is not specifically indicated as being allowed in a watershed area, such use or class of use is prohibited. Section 307. Nonconforming Situation Existing Development. Existing development as defined in this ordinance, may be continued and maintained subject to the provisions provided herein. Expansions to 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. A. Uses of Land. This category consists of uses existing at the time of adoption of this ordinance where such use of the land is not permitted to be established hereafter in the watershed area in which it is located. Such uses may be continued except as follows: 1. When such use of land has been changed to an allowed use, it shall not thereafter revert to any prohibited use. 2. Such use of land shall be changed only to an allowed use. 3. When such use is abandoned 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 residential development, provided: 1. Repair or reconstruction is initiated within six (6) months from the date of damage (such shall not apply to single family resideintial struetures or suriourres within mobile home parks) and completed within one (1) year of such damage. 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. (Such shall not apply to single farm.y residential stmetiffes OF 9t.. enHF@.. within mobile home paFIES) Section 308. Watershed Protection Permit. A. Except where a single family residence is constructed on a lot deeded prior to the effective date of this ordinance, 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 Xanningnir€etor. (in areas of lredell County which are zoned by the lredell Count) Zoning , A zoning issued per said Ordinance may be substituted.) No Watershed Protection Permit shall be issued except in conformity with the provisions of this ordinance. B. Watershed Protection Permit applications shall be filed with the Watershed Administrator P'a rni ngnir�etoe. The application shall include a completed application form (see Appendix A) and supporting documentation deemed necessary by the Planning Difeetor Watershed Administrator. C. Prior to issuance of a Watershed Protection Permit, the Watershed Administrator Manning hire.♦.r may consult with qualified personnel for assistance to determine if the application meets the requirements of this ordinance. D. A Watershed Protection Permit shall expire if a Building Permit or Watershed Occupancy Permit lapse -and becomidalid unless the, wadi for such use is not obtained by the applicant whieh 4 ed W within six (6) months offrom the date of issuance issue,or if the work authorized by it is suspended o abandoned flora period of at least one(!) year. Section 309. Building Permit Required. Exeept for- a single family r-esidenve constr—e4d on a lot deeded prior- to the offieetive date o this Ordinanee, No permit required under the North Carolina State Building Code shall be 11 issued for any activity for which a Watershed Protection Permit is required until that permit has been issued. Section 310. Watershed Protection Occupancy Permit. A. The Building Inspections Director shall issue a Watershed Protection Occupancy Permit 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. (in areas of iredell County zoned t.iAo. the r.oaon County Zoning OFdo ..ne A Certificate of Occupancy, issued per said ordinance may be substituted+ B. A Watershed Protection Occupancy Permit, either for the whose or part of a building, shall be applied for coincident with the application for a Watershed Protection Permit and shall be issued or denied within ten (10) days after the erection or structural alterations of the building. C. When only a change in use of land or existing building occurs, the Building Inspections Director shall issue a Watershed Protection Occupancy Permit certifying that all requirements of this Ordinance have been met coincident with the Watershed Protection Permit. D. If the Watershed Protection Occupancy Permit is denied, the Building Inspection Director shall notify the applicant in writing stating the reasons for denial. Appeal f the Building Inspection Director's decision -shed regulations contained in this Ordinance may be made to the Board of Adjustment in accordance with Section 503. E. No building or structure, which has been erected, moved, or structurally altered, may be occupied until the Building inspections Director has approved and issued a Watershed Protection Occupancy Permit. ARTICLE 400: PUBLIC HEALTH REGULATIONS Section 401. 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. Such conditions may arise from inadequate on-site sewage systems which utilize ground absorption; inadequate sedimentation and erosion control measures; the improper storage or disposal of junk, trash or other refuse within a buffer area; the absence or improper implementation of a spi4 containment 'moian for toxic, and haZa..a,...g materials; the absence or improper management of stormwater runoff; or any other situation found to pose a threat to water quality. Section 402. Abatement. A. The nom„ Watershed Administrator shall monitor land use activities within wall WS distfiets the watershed areas to identify situations that may pose a threat to water quality. B. The Watershed Administrator may consult with any public agency or official and request recommendations. C. Where the Psi mreeto Watershed Administrator or the Board of Commissioners finds a threat to water quality and the public health, safety and welfare, the Board of Commissioners shall institute any appropriate action or proceeding to restrain, correct or abate the condition and/or violation as herein authorize . ARTICLE 500: ADMINISTRATION, ENFORCEMENT AND APPEALS Section 501. Planning Director Watershed Administrator and Duties thereof. The position of Watershed Administrator (or his designee) is hereby authorized. and It shall be the—his duty of the Watershed Administrator to administer and enforce the provisions of this Ordinance as follows: A. The Planning Director (or his designee Watershed Administrator shall issue Watershed Protection Permits and Watershed Protection Occupancy Permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office hours of the Planning Direeto Watershed Administrator. B. The Watershed Administrator shall serve as clerk to the Iredell County Board of Adjustment pertaining to matters in association with this Ordinance. C. The Planning Director (OF hisdesignee) Watershed Administrator shall keep records of all amendments to 12 the local Water Supply Watershed Protection Ordinance and shall provide copies of all amendments upon adoption to the ' , Water Quality Section of the Division of Environmental Management. D. The Watershed Administrator shall keep records of the jurisdiction's in li7atien use of the provision that a maximum of ten percent (10%) of the non-critical area of WS -11 -BW (Yadkin Back Creek), ten percent (10%) of the non-critical area of the WS -11 -BW (Coddle Creek), and ten percent (10%) of the WS -III -BW (Hunting Creek) watersheds and ten percent (10%) of the protected area of WS -IV watersheds may be developed with non-residential new development at a maximum of seventy percent (70%) built -upon surface area. Records for each separate 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, site plan, type of land use, and stormwater management plan as—(if applicable) and inventory of hazardous materials as applicable. E. The Planning n"e"t^" 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 Iredell County. The Planning Di -eet,. his designee-,Matershed Administrator may enter any building, structure, or premises, as provided by law, to perform any duty imposed upon him by this Ordinance. G. The Planning Direetor Watershed Administrator shall keep n;aintaitt a record file on of all applications for minor and m variances to the local Iredell County Water Supplv Watershed Ordinance. This record A eopy of information pertaining to meeplication est (includingminutes of the {.eating findings made b the Board of Adjustment, actions taken b the Board ..f Adjustment, names and addresses of all per -sons giving evidenee at the publie hearing) shall be submitted for each calendar year annually to the Supervisor of Classifleation And Standa-r-ds- Group, Water Quality Section Division of Environmental Management on or before January 1s` of the following vear and shall provide a descriotion of each nroiect receiving a variance and the reasons forrig the variance Deeember: i�:>,xle . neseu�an�ne.,�me.i./ee,�cesxeene�r Section 503. Appeal from the Watershed Administrator Director Decisions Any order, requirement, decision or determination made by the Watershed Administrator Planning Director or the 131ii1di.... i flSfeetiOR Difeet ._ (PeA iiiitig to this PFdinafiee) may be appealed to and decided by the Iredell County Board of Adjustment. The Board of Adjustment shall hear and decide appeals from and review any order, situations.decision, interpretation or citation and apply such interpretation to particular fact in addition, The Planning Dife6t0_ ...... aSk the n,..._,a Be A,r.....t... efit t6 :..t,.. ffet .._. ..e.+:,... Of ti.:.. OfEli... nse An appeal from a decision of the Watershed Administrator must be submitted to the Board of Adjustment n ff5F be taken by any upon the p .! Person, firm, of corporation aggrieved by any decision of the Planning Director or the Building in Direetor base .. ision of this ordinance Such ,,,.peal shall be taken within thirty (30) days from the date the order. interpretation. decision or determination is made. All anneals must be made in writing stating the reasons for anneal. Following submission of an anneal. the Watershed Administrator such nine as^shall be shall fof4haith transmit to the Board of Adjustment all papers constituting the record upon which the action appealed from was taken. 13 An appeal stays all proceedings in furtherance of the action appealed, unless the Planning Directo or the Building r^^^^�orofficer from whom the appeal is taken certifies to the Board of Adjustment after the notice of appeal:'"^i�vc"^ve has been filed with him, that by reason of facts stated in the certificate, a stav would in his opinion cause imminent peril to life or property. In which such case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Adjustment or by a court of record on application on -of notice of the officer to the Planning Director or the Building inspections Dire^t from when whom the appeal is taken and on upon due cause shown. The Board shall fix a reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within a reasonable time. At the hearing, any party may appear in person, by agent or by attorney A. The Board of Adjustment may, so long as stieh action Is in conformity with the terms -of this Ordinance, FOVefSe of affirm, wholly or in part, of may modi6� any order, requirement, decision of deterinination appealed or make an interpretation of this ordinance. Section 504. Changes and Amendments to the Watershed Protection Ordinance. I, ess�nse=�e�ae�arnrae�e�neneaue��nteeeesreass�rin�enre�rnnSM C. All petitions fi)r a change to the text of this Ordinance or map shall be accompanied b", fee, 8.9 established by the ifedell County Board of Commissioners. All Petitions for changes to the map shall include a legal description of the property involved and the names and addresses of current abutting property owners. D. Noregulation o map shall be amended, supplemented, ..1.angea modified, .. repealed unt+l-The-Iredell Countv Governing Board may, on its own motion or on petition, after a public notice and hearing is hely a d the general public has had an opportunity to be heard, amend, supplement, change or modify the watershed regulations and restrictions as described herein. E All amendments must be, No action shall be taken until the proposal has been submitted to the_Plari ing Direct,._ at least ten i10days prior to the next «..Marly scheduled Planning Board -meeting -for review and recommendations. The Planning Board shall have thirty one (3 1) after the amendment has been refimi,ed to it by the Planning DiFOOtOf to S1.1hinit its Feenumersdanim to the, Board. of Commissioners If no recommendation has been received from Failure of '^f^r the Planning Board '^ rnakc ^ ^^^^•^•••^^a ^^ • ^" ^ the thirty one (3 1) day period within forty-five (45) days after submission of the proposal to the Chairman of the Planning Board, the Iredell Countv Board of Commissioners may proceed as though shall mea favorable report had been received Feeommendation of the Planning Board to the Be F. Under no circumstances shall the Board of Commissioners adopt any such amendments, addition of deletion supplements or changes that would cause these regulation this ordinance to violate the watershed protection rules as adopted by the N.C. Environmental Management Commission. Once the Public hearing has been conducted and closed, the Board of Commussioners shall render a decision on th- amendment. Any All amendments to the boundaries of an), partieultut Water Supply WateFshed district shall be r^e ed to must be filed with the N.C. Division of Environmental Management, N.C. Division of Environmental Health, and the N.C. Division of Community Assistance for their re'vie,,01, and. ^^•••^•^^' ^^^-'^ a decision being tendered by the Board of Commissioners. rru� rater.��nraemneraanenne�se�snnse�n�nnnmtenes��:�e:e�ne�xet>�� Section 505. Public Notice and Hearing Required. Before adopting or amending this ordinance, the Iredell County Board of Commissioners shall hold a public hearing on the proposed changes. A notice of such the public hearing shall be given once a week for two successive 14 calendar weeks in a newspaper having of general circulation in the area lredellCourr'^ sty. Said The notice shall be published for the first time not less than ten (10) nor more than twenty-five (25) days pfior to before the date fixed for use -the hearing. Adjoining property owners shall be notified of the time and place of the public hearing by first class mail, Such written notice shall be, sent by the Planning DiFectof at least ten (10) days befiare the hearing date to the adjoining property ovfflprs' most ourrent address, available for the Tax Supervisor's office. in addition, written notice of the public hearing shall be sent by first class mail to the clerks off all local governments having jurisdiction within that partieula watershed, and all major consumers afwatef whose point of intake lies within that water if more than one (1) contiguous parcel of land is involved in a rezoning, one (1) notice shall be posted at a prominent arid as eetunal a location as possible. The Planning Director may at his disefetion post more than one (1) sign t;3 multiple contiguous parcplq. Section 506. Powers and Duties of the Board of Adjustment in relation to this Ordinance. A. The Iredell County Board of Adjustment shall hear and decide appeals from anv decision or determination made by the Watershed Administrator in the enforcement of this ordinance. B. The Iredell County Board of Adjustment shall have the power to authorize, in specific cases, minor variances from the terns of this Ordinance as will not be contrary to the public interests where, owing to special conditions, a literal enforcement of this Ordinance will result in practical difficulties or unnecessary hardship, so that the spirit of this Ordinance shall be observed, public safety and welfare secured, and substantial justice done. In addition, Iredell County shall notify and allow a reasonable comment period for all other local governments having jurisdiction in the designated watershed where the variance is being considered . 1. Applications for a minor variance shall be made on a -the proper form-pre�h^d by- btainable from the Watershed Administrator n'.-ta,^; tof and accompanied with an appropriate fee a, established L. the Logon Count. BOaFa Of C,..,.missioners Applications shall include the following information: 1. A site plan, drawn to scale, indicating the property lines of the parcel upon which the use is proposed and all contiguous pieces of property (e. ^" properties traversed and/o� separated by a read, Stream, right of way, OF any Similar flatund of man to ..�fig'^ tian); any existing or proposed stmctures; parking areas and other built -upon areas; and surface water drainage. in addition,, a list of names and addresses of the owners of said properties, firem the most recent official tax records shall be Provided by t The site plan shall be neatly drawn and indicate north point, name and address of person who oreoared the plan, date of the original drawing. and an accurate record of anv later revisions. 2. A complete and detailed description of the proposed variance, together with any other pertinent information which the applicant feels would be helpful to the Board of Adjustment in considering the application. 3. The per„ Watershed Administrator shall notify in writing each local government having jurisdiction in the watershed and the entity using the a" .., or e� water supply for consumption whose point of intake, ties within the, watershed. Such notice shall include a description of the variance being requested. Local governments receiving notice of the variance request may submit comments to the Planning tor Watershed Administrator prior to a decision by the Board of Adjustment. Such comments shall become a part of the record of proceedings of the Board of Adjustment. 15 affiFmatke� of 2. Approval of the varianop with f�ir and reasoflablP, conditions attached if the findings of fact in Section 504(11) afe found in flie idfimnative� or 3. -Denial „r the variance if at least one (1) finding of fact in Section <nA(u) is found in the negative. The nt ot., of Miff- fifths (4/5) of the voting ...1.erq .,r th , R, Ard -Of The -Board of -Adjustment may prescribe appropriate conditions and safeguards in conformity with this Ordinance. Violation of such conditions and safeguards', when made a pat4 of the items tinder which a vafianee is granted, shall be, deemed a. violation of this Ordinance, and. shall be punishable as prescribed in Section 1-04 of this Ordinance. L Before the Board of Adjustment may approve grant a union variance only a; it shall make the following three findings, are fu nd in the affirm ^ which shall be recorded in the permanent record of the case, and shall include the factual reasons on which thev are based: 1. There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of the Ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the Board of Adjustment must find that the five following conditions exist: A. If the applicant complies with the provisions of the Ordinance, he can secure no reasonable return from, nor make reasonable use of, his property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting a variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms of the Ordinance that will make possible the reasonable use of his property. B. The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other hardship. C. The hardship is due to the physical nature of the applicant's property, such as its size, shape, or topography, which is different from that of neighboring property. D. The hardship is not the result of the actions of an applicant who knowingly or unknowingly violates the Ordinance, or who purchases the property after the effective date of the Ordinance, and then comes to the Board for relief. E. The hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. If other properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal justice. 16 2. The variance is in harmony with the general purpose and intent of this Ordinance and preserves its spirit. and 3. In the granting of the variance, the public safety and welfare have been assured and substantial justice has been done. and The Board shall not grant a variance if it finds that doing so would in anv respect impair the public health, safetv, or general welfare. 4. That the. Feagoris set fi3rth in the application justi6� the granting of a variance, a that the reasonable onp, that will make. possible the, « «ale.bof the. land a. �: �. The, Planning Director shall mamunn a Q1p no all applications for minor NaFianees. A cap), of information pertinent to an), minor variance application request (actions taken by the Board of Adjustment, names and addresses of all persons giving evidence at the public hearing) shall .. bmincd annually during the last . epk of fhe.a,...he.« t the. Divisimi of Environmental van¢gement , Supervisor of Classification and Standards Group. K. In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purpose of this ordinance. If a variance for the construction, alteration or use of property is granted, such construction, alteration or use shall be in accordance with the approved site plan. L. The Board of Adjustment shall refuse to hear an appeal or an application for a variance previously denied if it finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. M. Appheation for Zoning Permit. The application for a zoning permit shall be :^.,,+o ,.,;th:^ one r" year of «o^o:v;^^ .. v..,:..^^o approval. A variance issued in accordance with this Section shall be considered a Watershed Protection Permit and shall expire if a Building Permit or Watershed Occupancy Permit for such use is not obtained by the applicant within six (6) months from the date of the decision. . e...... tneses�sRrt .nn ..... nna�xlen�nensnemeA�nnnne t 2. A complete and detailed description of the proposed variance, together with any Oth'i: pertinentf' :n, rmatio which..a. ",cold he, heI 1pf tae the. Roa rd of Adjustment considering the application, ...... nleeneat]l6lSdRf�➢Mfl-1esRSIARRRReeRi.nEf�n�eee:eneaileeneRTse6lResR!➢�AnTeReenSlellsEsl 17 � �nnns•r�eaenean�neenatnns�r�e�es�nc�uesRz�a nr 2. .J:st«:,.t involved, shall not be ..mnto,l in one orthe folio 1. Reeommended approvad of the. vaffiafflep. in the findings of faet in Seetion 505(G) are 4)ilnd in the, ..Ff:rmat:.... or 2. ReeE)njMefjd EtppfeNral (3f the Nrarianee with fair and reasonable eanditions attaehed if the findings of fact in Seetion 505(G) He t;3Ufld iii the affi 3. R-Poommpnd dpnial of f i—st-one (1) finding of faet in seetion 505(Ci) are found in the plega- . — U. S-:rs«.'ng of Fact. The 0..«d of Acustment may reeommend . major varianee only after ,..6 .� the followin 4indings are found in the aff4FmatiN e: � A 5. T�^t fM p « harmony ..:t6 the generalJ purpose and '« of t6:« ordinanee and pre a*d 6. That n the recomraendatio of the variance for approval, t6., public safety and 18 7. That the, Feasons set forth in the applioation jttstit� recommending the vafianc approval, and that the varnmop. is a minimum ons, that will no ice possible the reasonable us of the land Of W Prelimina if the Board of Adjustment decides in favor of granting the variance, said recommendation shall be, 4wthilvith 4)FAWded, along With all Supporting information, to 010 Environmental Management Commission the Board shall prepare a preliminary record of the hearing with all deliberate speed. The preliminary record of the hearing shall include the a. The variance application; b. Evidence that proper «,.ti ficat:..« of the Board of Commissioner's.. bh made The hearing notices; c. Asummary of The evidence presented including comments f+om other d. Motions. offers of nroof. obiections to evidence. and rulings on them e. Proposed findings and exceptions; f The, Board of ^, :^^:^« recommendation The proposed decision, including all conditions proposed to be added to the permit attached as ^ �^^• , The preliminary record shall be sent to the Environmental Management Commission for its review as follows: If; after having Fetseived the, and feviw.ved the major variance application air Preliminary record, the Environmental Management Commission approves—concludes from the preliminary record that the variance qualifies as a major variance application and that (1) the property owner can secure no reasonable return from, nor make anv practical use of the property unless the proposed variance is granted, and (2) the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with any conditions and stipulations, or modifications it requires shall become part of an), permit subsequently issued by lredell County pertinent to that development-, The Planning Director shall notify the applicant by first class mail within live (5) working days of receipt of the Environmental Management Commission's decision. Subsequent !he approval of the NoFiance application by the Environmental Management Commission, the Planning Director shall iss-sp. a vatafghed Permit for the development thus authorized 0 long h application rh.o w.o..b od o..r .. made, a ..x.3 (60) daysafro. .h A r..a. provision'sPlanning Director has notified the applicant of the Environmental Management Commission's decision and so long as such development is in aecwdanep. with all oth ..f this Ordinance- In areas of the County which a nod b lred.,11 County, zoning permit may be issued by the Planning Dineeter in lieu of the "rateFsihed Permit. The Commission shall prepare a Commission decision and send it to the Board of Adjustment. If the Commission approves the variance as proposed, the Board shall prepare a final decision granting the proposed variance. If the Commission approves the variance with conditions and stipulations, the Board shall prepare a final decision, including such conditions and stipulations, granting the proposed variance. b. If the Fw4onruamal Management Commission , t0.^ ❑.^-a of Adjustment's recommendation for approval of concludes from the preliminary record that the variance qualifies as a major variance and that (1) the property owner can secure a reasonable return from or make a practical use of the propertv without the variance or (2) the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall nrenare a Commission decision and send it to the Board of Adjustment. The Planning f°a��^Eo�Board-shall prepare a final send the decision -by X. Subdivision approval. See Article 200. 19 denving the variance as proposed. Y. Public Health. See Article 400. Z. Approval of all development greater than the low density option. See Appendix C. Section 507. Appeals from the Board of Adjustment Action. if the Board of Adjusmwnt or —Frivirmunpmal Management Commission disapprove a or the Board of Adjustment disapproves a mirof Narianee request, the Planning Director shall not accept an application for similar variance request affecting the same pfapertyfies) for a period of twenty four (24) months following the date, o denial. E_�of-Appeals from the Board of Adjustment shall be subject to re b must be filed with the Superior Court Division of the General Courts of lust ce of the Sunp, of North Camlifla in the naorre of certiorari. Any petition for review by the Superior Court shall be chily verified and filed with the Clerk to within 30 days after from the date of the decision of the, Board is liled in the, offiep, of the, Plaimme Director. or after a written eonv thefeet Chairman of the Board of Adjustment at the time of the Board's hearing of the ease, whichever is later. Decisions by the Superior Court will be in the manner of certiorari. ARTICLE 600: DEFINITIONS The following definitions shall Other ivor-ds not herein defi defifiit. Section 601. General Definitions. Abandonment. The terms "abandonment' or "abandoned" as used herein shall mean voluntary discontinuance of a use with the intent not to re-establish such use. Any of the following shall constitute evidence of abandonment or intent to abandon: A. Any positive act indicating such intent. B. Premises have been devoted to another use. C. When the characteristic equipment and furnishings of the nonconforming use have been removed from the premises and have not been replaced by the same or similar equipment. D. Failure to take all positive action to resume the nonconforming use with reasonable dispatch, including the failure to advertise for sale or lease. Agricultural Use. The use of waters for stock watering, irrigation, and other farm purposes. Animal Unit. A unit of measure developed by the U.S. Environmental Protection Agency that is used to compare different types of animal operations. Best Management Practices (BMP). A structural or nonstructural management -based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals. Board of Adjustment. fredell Count), Board of Adjustmen Buffer. 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 of impounded structures and from the bank of each side of streams or rivers. Building. Anv structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure of persons, animals or property. Building inspections Director. References to the Building inspections Director shall mean the Building inspection, Director of his designated staff Built -upon area. Built -upon areas shall include that portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel areas (e.g. roads, parking lots, paths), recreation facilities (e.g. tennis courts), etc. (Note: Wooden slatted decks and the water area of a swimming pool are considered pervious.) Cluster Development. 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 residential and multi -family developments. For the purpose of this ordinance, planned unit developments and mixed use development are considered as cluster development. 20 Composting Facility. A facility in which only stumps, limbs, leaves, gFass and untreated wood collected form land clearing of landscaping operations is deposited, Critical Area. 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. Development. Any land disturbing activity which adds to or changes the amount of impervious or partially impervious cover on a land area or which otherwise decreases the infiltration of precipitation into the soil. Development, Existing. Those projects that are built or those projects that a! a minimum have P-stablished- a- vesIp'd Fight under North Carolina Zoning La", as of the effeetiN e data of this ordinance based on at least one of the following criteria - 1. Substantial expenditures of resources (time, labor, itioney) based on a good faith reliance upon having received a valid local government approval to proceed � ith the project, of 2. . 160A Sac 1)o 3. . 153A 344.1 and G.S. 160A 385 1) Discharging Landfill. A facility with 1_...., equipment and other measures to detect atid"OF prevent leaehate from entering the environment and in which the lFa.ehate. is treated on site and discharged to a Feceiving stream. Dwelling Unit. A building, or portion thereof, providing complete and permanent living facilities for one family. Existing Development. Those protects that are built or those projects that at a minimum have established a vested right under North Carolina zoning law as of January 1, 1994 based on at least one of the following criteria: (1) substantial expenditures of resources (time, labor, monev) based on a good faith reliance upon having received a valid local government approval to proceed with the project, or (2) having an outstanding valid building permit as authorized by the General Statutes (G.S. 153A- 344.1 and G.S. 160A-385.1), or (3) having an approved site specific or phased development plan as authorized by the General Statutes (G.S. 153A-344.1 and G.S. 160A-385.1). Existing Lot (Lot of Record). A lot which is part of a subdivision, a plat of which has been recorded in the Office of the Register of Deeds prior to January 1, 1994 of this Ordinance, or a lot described by metes and bounds, the description of which has been so recorded prior to January 1, 1994. Familv. 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 further provided that domestic servants emDloved or living on the Dremises mas be housed on the Dremises without being counted as a familv or families Familv Subdivision. Familv subdivision means a division of a tract of land: (a) to causes, the resulting Darcels with the exception of parcels retained by the grantor, to a relative or relatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to anv one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will. Hazardous Material. Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, C—PRICLA l4aZai,dous Substances, of Section 311 of 0ALA (oil and hazaFE10US substances). High Density Option. A development which contains engineering stormwater control devices approved in a manner as called for in this Ordinance, thereby enabling development to occur at a higher intensity (than if the low-density option were used) as prescribed by the Environmental Managements Commission's adopted Water Supply Watershed Protection Rules. Industrial Development. Any non-residential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning or developing any product or commodity 21 Landfill. A facility for the disposal of solid waste on land in a sanitary manner in accordance with Chapter 130A Article 9 of the N.C. General Statutes. For the purpose of this ordinance this term does not include composting facilities. Lot. A parcel of land occupied or capable of being occupied by a building or group of buildings devoted to a common use, together with the customary accessories and open spaces belonging to the same. Low Density Option. A development which does not contain engineered stormwater control devices (i.e., wet detention ponds) which are approved by the Board of Commissioners in conjunction with development in a WS district. Major Variance. A variance from the minimum statewide watershed protection rules that results in any one or more of the following: 1) the relaxation, by a factor greater than ten (10) percent, of anv management requirement under the low density option; 2) the relaxation, by a factor greater than five (5) percent, of any buffer, density or built -upon area requirement under the high densitv option; 3) any variation in the design, maintenance or operation requirements of a wet detention pond or other approved stormwater management system. Minor Variance. A variance from the minimum statewide watershed protection rules that results in a 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 an to ten (10) Dercent of anv management requirement under the low density option. Mobile Home. A dwelling unit that (i) is not constructed in accordance with the standards set forth in the North Carolina Building Code, and (ii) is composed of one or more components, each of which was substantially assembled in a manufactured park and designed to be transported to the home site on its own chassis, and (iii) exceeds forty feet and eight feet in width. A structure that would otherwise be characterized as a mobile home except that it is not used or held ready for use as a dwelling unit (e.g., it is used as an office or some other business use) shall not be regarded as a mobile home. Mobile Home Park. A development located on one (1) or more parcels of land for which three (3) mobile home spaces with utilities and other amenities provided to serve the mobile homes located therein. The mobile homes which may serve as either the owner's, the operator's, their families residences are included for the purpose of this definition. Nonconforming Lot of Record. 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. All development other than residential development, agriculture and silviculture. Planning Director. Rel�gseneeq to the Plarming Director shall mean the Planning Director of his designated staff, Plat. A map or plan of a parcel of land which is to be, or has been subdivided. Protected Area. The area adjoining and upstream of the critical area ip-a of WS -IV water supply in which mea ores are required watersheds. The boundaries of the protected area are defined as within five miles of the and draining to the normal pool elevation of the reservoir and draining to water supply reservoirs (measured fmm normal pool elevation) or to the ridgeline of the watershed (whichever comes first); or within 10 miles upstream and draining to the intake located directly in the stream or river (run -of -the -river), or to the ridgeline of the watershed (whichever comes first). Major landmarks such as highways or property lines may be used to delineate the outer boundary of the protected area if these landmarks are immediately adjacent to the appropriate outer boundary of 5 or 10 miles. In some cases the protected area will encompass the entire watershed. Residential Development Buildings for residence such as attached and detached single-familv dwellings. apartment complexes, condominiums, townhouses, cottages, etc. and their associated outbuildings such as garages. storage buildings. gazebos. etc. and customary home occupations. Residuals. Anv solid or semi-solid waste generated from a wastewater treatment Want. water treatment Dlant or air pollution control facility permitted under the authority of the Environmental Management Commission. Sewer System, Public. A means of collecting, transporting and treating sewage by a public entity (e.g., City, Town, County, District), or other public body created by, or pursuant to State, Federal, and Local laws, or any combination thereof acting cooperatively or jointly. A package treatment plant shall be considered part of a public sewer system if owned by a City, Town, County, District, etc. Single Family Residential. Any development where: 1) no building contains more that one dwelling unit, 2) every 22 dwelling unit (including mobile homes) is on a separate lot, and 3) where no lot contains more than one dwelling unit Street (Road). A right-of-wav for vehicular traffic which affords the DrinciDal means of access to abuttin properties. Structure. 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. Any person, firm or corporation who subdivides or develops anv land deemed to be a subdivision as herein defined. Subdivision. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for 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; but the following shall not be included within this definition nor be subiect to the regulations authorized by this ordinance: (l) The combination or recombination of portions of previouslv subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this ordinance; (2) The division of land into parcels greater than 10 acres where no street right-of-wav dedication is involved; (3) The public acquisition by purchase of strips of land for the widening or opening of streets; (4) The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of-wav dedication is involved and where the resultant lots are equal to or exceed the standards of the this ordinance; (5) The division of a tract into plots or lots used as a cemetery. Toxic Substance. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression in reproduction or growth) or physical deformities in such organisms or their off spring or other adverse health effects. Variance. A Dermission to develop or use Droperty granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this ordinance. Variance, Major. A variance, from- the County's water supply watershed regulations that results in a- relaxation b" factor greateF than five (5) percent of any buffer, density or built under the high density of a y variation in the de operatfOR Hqtiffefflem of —t El-t—ti— food OF Other appFOVed stonmvater management system; or by a factor greater than ten (10) percent, of any man nderthe low-density option. -M-6-H-off Variance "afianee firom the County's water supply watershed regulations that rpsuljin a rpla cation by -a factor of up to fiNe (5) percent of any buffer, density of built upon area requirement tinder the high density that results in a. relaxation, by a factor of up to ten (10) percent, of any management requirement tinder the low dens45 Water Borne Dependent Structure. 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. The entire land area contributing surface drainage to a specific point (e.g. the water supply intake.) Water System, Public. The provisions to the public of piped water by a system owned and operated by a public entity. Section 602. Word Interpretation. For the purpose of this ordinance, certain words shall be interpreted as follows: Words in the present tense include the future tense. Words used in the singular number include the plural, and words used in the plural number include the singular, unless the natural construction of the wording indicates otherwise. 23 The word "person" includes a firm, association, corporation, trust, and company as well as an individual. The word "structure" shall include the word "building." The word 'got" shall include the words, "plot," "parcel," or "tract." The word "shall' is always mandatory and not merely directory. The word "will' is always mandatory and not merely directory. Appendix C High Density Development Article 700: High Density Section 701. High Densitv Option -Development Standards A. The Board of Commissioners may approve a project using the high density option (,� " than one `3- a single family Fesidential development) -proposals consistent with the following standards: 1 if the area proposed to be developed lies in - designated- WS -IV Watershed Areas- Critical Area (WS - IV -CA). Where new development exceeds either 2 dwelling units per acre or 24% built -upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall fee and development - "srn, shall not exceed 50% built -upon area`"oA t. 2. if the area proposed to be developed lies in a designated WS -IV Watershed Areas - Protected Area (WS -IV -PA). Where new development requires a Sedimentation/Erosion Control Plan and exceeds either 2 dwellingper acre or 24% built -upon area or 3 dwellingunits per area or 36% built -upon area for projects without curb and gutter street systems, engineered stormwater controls shall be used to control runoff from the first inch of rainfall found development which a shall not exceed 70% built -upon area 1 70 �xeept that projects not using, curb and gutter m be allowed to have built upon areas of up to thirty six /260/ percent using the low density option). Section 702. High Density Development Permit Application A. A High Densitv Development Permit shall be required for new development exceeding the requirements of the low density option. B. Application for a High Densitv Development shall be addressed and submitted to the Board of Commissioners through the Planning Director. Application for High Densitv Development Permit shall be made on the proper form and shall include the following information: An application for authorization to a the high density option shall 1... A completed High Density Development Permit Application signed by the applicant owner of the property. The signature of and the consulting engineer and shall also be or other agent will be accepted on the application only if accompanied by the fellevvittg a letter of authorization; 2. Two reproducible copies of the development plan within the drainage basin eentaining including the all applicable and—required information listed in Appendix A: Application Forms, Subdivision Plat Checklist and detailed information concerning built -upon area; 3. Two reproducible copies of the plans and required specifications of the stormwater control structure consistent with section 703; 24 4. When required by law, written verification that a soil erosion and sedimentation control plan whi, Fh has been approved by the appropriate state or local agency, 5.A separate fee shall he requited for submittal of an) high density option application. S fee shall be in accordance with a fee schedule adopted bythe kedell COUFA)' Board Of COMMiSSiONeFS. NO application for high densit) option approval will be cons dered complete unless accompanied w th t requ site Permit Application Fees consistent with Section 706. C. Prior to taking final action on any application, the Board or the Watershed Administrator may provide an opportunitv to public agencies affected by the development proposal to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action within prescribed time limit. D. The Board of Commissioners shall either approve or disapprove each application for a High Density Development Permit based on the applicable criteria contained in this Ordinance. First consideration of a completed application shall be at the next regularly scheduled meeting of the Boards following its receipt. The Board shall take action on the application as its first consideration or within sixty-five (65) days of its first consideration. 1. If the Board approves the application based on its findings, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure. A High Density Development Permit shall be issued after the applicant posts a performance bond acceptable security as required in Section 704(B)(1) and executes an Operation and Maintenance Agreement as required in Section 704(C). A copv of the permit and one copv of each set of plans shall be kept on file at the Planning Director's office. The original permit and one copv of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested. 2. If the Board disapproves the application based on its findings, the reasons for such action shall be stated in the minutes of the Board and presented to the applicant in writing either by personal service or registered mail, return receipt requested. The applicant may make changes and submit a revised plan. All revisions shall be submitted, reviewed, and acted noon by the Board pursuant to the procedures of this section. E. In addition to any other requirements provided by this Ordinance, the Board may designate additional permit conditions and requirements to assure that the use will be harmonious with the area in which it is proposed to be located and with the spirit of this Ordinance. All additional conditions shall be entered in the minutes of the meeting at which the permit is granted, on all plans and on the permit certificate. All conditions so imposed shall run with the land and shall be binding upon the applicant and the applicant's heir, successors or assigns during the continuation of the permitted use. F. The Board shall issue a written ruling and make copies available at the office of the Planning Director and the Iredell Countv clerk. If the Board approves the application based on its findings, such approval shall be indicated on the permit and both copies of the site plan and both copies of the plans and specifications of the stormwater control structure(s). A High Density Development Permit shall be issued after the applicant posts a performance bond or other acceptable security as required in Section704 (B)(1) and executes an Operation and Maintenance Agreement as required in Section 704(C). A copv of the permit and one copv of each set of plans shall be kept on file at the Planning Director's office. The original permit and one copv of each set of plans shall be delivered to the applicant either by personal service or registered mail, return receipt requested. Section 703. Stormwater Control Structures Specifications A. All stormwater control structures shall be designed by either a North Carolina registered professional with qualifications appropriate for the tvpe of system required; these registered professionals are defined as professional engineers, landscape architect, to the extent that the design represents are defined as professional engineers er, landscape—architect, to the extent that the General Statutes, Chapter 89A allow and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in General Statutes 89 (C)-3(7). 19 B. All stormwater controls stFdetafes shall use wet detention PeRds as the a primary treatment system unless alternative stormwater management measures, as outlined in Section 703(C), are used. Wet detention ponds shall be designed for specific pollutant removal according to modeling techniques approved by the North Carolina Division of Environmental Management. Specific requirements for these systems shall be in accordance with following design criteria: 1. Wet detention ponds shall be designed to remove a minimum of eight fi - 85% of total suspended solids in the permanent pool and storage runoff from a one inch runo€f rainfall from the site above the permanent pool; 2. The designed runoff storage volume shall be above the permanent pool; 3. The discharge rate from these systems following the one inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two (2) days and that the pond is drawn down to the permanent pool level within at least five (5) days; 4. The mean permanent pool depth shall be a minimum of three (3) feet; 5. The inlet structure shall be designed to minimize turbulence using baffles or other appropriate design features; 6. Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least thirty feet in length. The slope and width of the vegetative filter shall be determined so as to provide a non-erosive velocity of flow-through the filter for a 10 -year, 24-hour storm with a 10 -year, 1 -hour intensity with a slope of five percent or less. Vegetation in the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site characteristics; �T-. The structure and vegetative filter shall lip. designed to minimize vector attraction. Vegetative filters if designed to remain wet under normal conditions should have adequate dry weather flow to reduce the, attra non of-ater 8, An adequate drain shall be Provided at the low point of each wet pond to facilitate watering fi3f C. Alternative stormwater management systems, consisting of one treatment option or a combination of treatment options, may be used. The design criteria for approval shall be 85 percent average annual removal of Total Suspended Solids. Also, the discharge rate shall meet one of the following criteria; 1. the discharge rate following the 1 -inch design storm shall be such that the runoff draws down to the pre -storm design stage within five days, but not less that two days; or 2, the post development peak discharge rate shall equal the predevelopment rate for the 1 -year, 24-hour storm. D. In addition to the vegetative filters required in Section 703 (13)(6), all land areas outside of the pond shall be provided with a ground cover sufficient to restrain erosion within thirty (30) days after any land disturbance. Upon completion of the stormwater control structure, a permanent ground cover shall be established and maintained as part of the maintenance agreement described in Section 507(U) 705(C) -this 9rrlinanee. E. A description of the area containing the stormwater control structure shall be prepared and filed in consistency with Section cn�(0707 (A and B), as a separate deed with the Iredell County Register of Deeds along with any easements necessary for general access to the stormwater control structure should ownership (and . The deeded area shall include the detenHen pend stormwater control structure, vegetative filters, all pipes and water control structures, berms, dikes, etc., and sufficient area to perform inspections, maintenance, repairs, and reconstruction. F The pervious portions of any Qualifying areas of the stormwater control structure appFoved by the County Board of Gshall not he G elude may be considered pervious when computing total built -upon area. However, if the structure is used to compute the percentage built -upon area for one site, it shall not be used to compute built -upon area for any other site or area. Section 704. Posting of Financial Security Required A. All new stormwater control structures approved employing ing the high densityoption-shall be conditioned on the posting of adequate financial assurance for the purpose of construction, maintenance, 26 repairs, or reconstructionass a for adequate performance of the stormwater control structures. B. Financial assurance shall be in the form of the following: Securitv Performance Bond or other security. the high density'^ for ^ particular project,a^ so only after The permit applicant has pesteel-shall obtain either a performance bond from a surety -bond -bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash,^r equivalentr at face value pavable to Iredell County or placed in escrow with a financial institution designated as an official depository of Iredell Countv. The bond or other instrument shall be in an amount n^"s,aa'"^^ equal to 1.25 times the total cost of constructing—the—necessary, stormwater control structure, as estimated by the applicant and approved by the Board of Commissioners. Such financialspptoit,'�hall be, paid to the r,.....«. and and County may assess the applicant for actual Posts associated with queh verification The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill, etc. The cost shall not be prorated as part of a larger project, but rather as a under the assumption of an independent mobilization. Commissioners,21 Orice the stomiwateF control stmetwe(�) has been constructed and inspected in the manner provided in Section 507(H) of this Ordinance, and approved b) the Board of Commissioners ma� authorize the release of up to seventy five percent (75%) of the surety bond or other equivalent deN ice outlined in Section 507(F) (1) of this Ordinance. The remaining portion of the surety bond or equivalent device may be released to the owning entity in accordance with Section 507(14)(1)(c). 3. Cash or Equivalent Security Deposited After the Release of the Performance Bond. Prior to -saxes"" d releaz,�,.^�� eer, Consistent with Section 707 (C)(1), the permit applicant shall be requiredto deposit with the County either cash or similar—other instrument approved by the Board of Commissioners that is readily convertible into cash at face value. The cash or security shall be in an amount equal to fifteen percent (15%) of the total construction, cost (as omae Acme 507(F)(1)) ^_ ^_^ "... ifed ..^_^^..t (100%) of the stormwater control structure or the estimated cost of maintaining, -^-^'-i-•- of Feeeiistnietitig said the stormwater control structure over a twenty RQ) ten 10 year period, whichever is greater. The estimated cost of maintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual provided by the applicant developer as outlinedinunder Section 4 705(A). The amount shall be computed by estimating the maintenance cost for twenty-five (25) years and multiplying this amount by two fifths or 0.4. C. Consistent with Section 702, Any stormwater control structure approved by the Board of !"........:....:.......... shall be pr-edieuted on the developer and the /`... nt. the permit applicant shall entering—into a the binding Operation and Maintenance Plan Agreement between the Board of Commissioners and all interests in the development. Said Nan Agreement shall require the owning entity of said st -uetu -e(s` to maintain, repair, and if necessary, reconstruct said ) the stormwater control structure in accordance with the operation management plan or manual provided by the developer to the Count),. Said The Operation and Maintenance Agreement must be approved -by the Board of Commissioners prior to or in conjunction with approval of the high density option for said projeet shall be filed with Iredell County Register of Deeds by the Board of Commissioners. D. Default under the performance bond or other security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as spelled out in the surety performance bond or other equivalept security, the Board of Commissioners may obtain and use all or any portion of the funds necessary to complete the improvements based on an engineering estimate. The Board of Commissioners shall return any funds not spent in completing the improvements to the owning entity. E. Default under the cash security. Upon default of the owning entity to maintain, repair and, if necessary, reconstruct the stormwater control structure in accordance with the approved Operation and Maintenance Phot—Agreement, the Board of Commissioners shall obtain and use all or any portion of the cash security outlined in Section 507iF4(" to make necessary improvements based on actual construction ca,4's "'erne by the County nt to make such :.. pro enditure of funds shall only be made after exhausting all other reasonable remedies seeking the owning entity to compiv with the terms and conditions of the Operation and Maintenance Agreement. The Board shall not return anv deposited cash funds Section 705. Maintenance and Upkeep 27 A. A separate An operation and maintenance plan or manual fflus shall be provided by the developer for each stormwater control structure, eetitaiiioig, at a mifiiiiiiaiiiindicating what operation and maintenance actions are needed and "rill be undertaken, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the Operation and Maintenance Agreement, who is responsible for sueh those actions. The plan shall clearly indicate w#at the steps that will be taken for restoring a stormwater control structure to design specifications if a failure occurs. B. Landscaping and grounds management shall be the responsibility of the owning entity of said s'uructure(s). However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure. C. Except for routine general landscaping and grounds maintenance management, the owning entity shall notify the Planning Difeeto Watershed Administrator prior to any repair or reconstruction of the stormwater control structure. All improvements shall be made consistent with the approval plans and specifications of the stormwater control for --that structure and the operation and maintenance plan or manual. After notification by the owning entity, County staff shall inspect the completed improvements and shall inform the owning entity of any required additions, changes, or modifications needed and of the time period to complete said improvements. A t:...e _efied f,._ Huai..g sueh ehat.g,... shall also be stirtilated b, the C-ouaty. The Watershed Administrator may consult with an engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) designated bV the Board of Commissioners. tt-for, in accordance with a fee schedule adopted by the Board of Commissioners, shall be charged to the owning entity for each inspection (or re inspectio4. D. Amendments to the plans and or specifications of the stormwater control structure and/or the operation and maintenance plan or manual may --only shall be approved by the Board of Commissioners. Proposed changes shall be prepared by a North Carolina registered professional engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) and submitted to and reviewed by the Watershed Administrator prior to the Board of Commissioners for approval. Such amendments shall h� hearing,accompanied by all information and- fees prescribed in Section 507(C) of this Ordinance. Approval of such .am- end -Ment -s shall not require Planning Board review nor a. new public urilp-ss either or both are deemed necessary by the Board of Commissioners If the Board of Commissioners approves the proposed changes, the owning entity of the stormwater control structure shall file sealed copies of the revisions with the Office of the Watershed Administrator. 2. If the Board of Commissioners disapproves the changes, the proposal may be revised and resubmitted to the Board of Commissioners as a new proposal. If the proposal has not been revised and is essentially the same as alreadv reviewed, it shall be returned to the applicant. E. If the Board of Commissioners finds that the operation and maintenance plan enee-approved or manual is inadequate for any reason, the Planning Direcuo Watershed Administrator shall notify the owning entity of any required changes mandated by the Count and a time frame in which ,.haft-,,,..,. the o1,.....1 h., made and shall prepare and file copies of the revised agreement with the Iredell Countv Register of Deeds, the Office of the Watershed Administrator and the owning entity. Section 706. Application and Inspection Fees A. Processing and inspection fees shall be submitted in the form of a check or monev order made pavable to Iredell County. Applications shall be returned if not accompanied by the required fee. B. A permit and inspection fee schedule, as approved by Iredell County Board of Commissioners, shall be posted in the Office of the Watershed Administrator. C. Inspection fees shall be valid for 60 days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with Section 705(C), except in the case when a similar fee has been paid within the last 60 days. Section 707. Inspections and Release of the Performance Board A. AllnewThe stormwater control structure shall be inspected by the County Planning Director, after the owning entity notifies the Planning Director that all construction work has been completed. At this inspection, the owning entity shall provide: 4 The signed deed, related easements and survey plat for the stormwater control structure in a manner suita eady for filing with the Register of Deeds; 2. A certification sealed by an engineer or landscape architect (to the extent allowed- by that the General Statutes, Chapter 89A, allow) stating that the stormwater control structure is complete and consistent with the approved plans and all -specifications preN iously stipulated by the County 28 B. The Planning Director shall present the materials submitted by the ewiiing- entity developeraier*s- 444 and the Eeur+ty's inspection report and recommendations to the Board of Commissioners at its next regularly scheduled meeting 1. If the Board of Commissioners approves the inspection report and accepts the certification, deed, and easements, the P to Board shall file said the deed and easements with the tredell County Register of Deeds, release up to seventy-five percent (75%) of the value of the surety performance bond or equivalent other security as called for in Section 507 (F)(1) shall be made in manner as prescribed in Sectio. 507rvv2. and crrucv¢' and issue a Watershed Protection Occupancy Permit for the stormwater control structure, consistent with Section 310. 2. If deficiencies are found as ^ result of the inspection, the Board of Commissioners shall direct the owning entity to make necessary that improvements and inspections be made and/ or documents corrected and resubmitted to the Board. No release, of a.^a^ shall be made by the County until all deficiencies are properly addressed to the Courity's satisfaction C. No sooner than one year after ^ al Of the S -^' ^ -^'s` b the C - the filing date of the deed, easements and maintenance agreement, y the developer may petition the Board of Commissioners to release the remaining value of the pestedperformance bond or other security . Upon receipt of said petition, the County shall inspect the stormwater control structure to determine whether the strueture(�) controls is are performing as designed and intended. Once the inspection is made, The Planning Director shall present the petition, inspection report, and recommendations to the Board of Commissioners. 1. If the Board approves the report and accepts the petition, the developer shall deposit with the Board a cash amount equal to that described in Section 704(B)(2) after which, the Board shall release the performance bond or other security. 2. If the Board does not accept the report and rejects the petition, the Board shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release the performance bond or other security. D. A An Watershed Protection Occupancy Permit shall not be issued for any structure building within the permitted development until the Board of Commissioners has approved the stormwater control structure, as provided in Section 707(B) in the manner as hefei.. .1 1 E. All stormwater control structures shall be inspected b at least once on an annual basis to determine whether the stneafes controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the North Carolina Division of Environmental Management. Annual inspections shall begin within one year-afterappoavel-of filing date of the deed for the stormwater control structure by the County Board of Commissioners. A fee, in accordance with a fee schedule adopted by the Board of Commissioners shall be charged to the owning emity for arm -- inspections (and re inspections). A copy of each inspection report shall be filed with the Planning Director. F. In the event the Planning Director County's report discovers indicatesthe need for corrective action or improvements, the Planning Director shall notify the owning entity of the needed improvements and the date by which such :............ me *� are the corrective action is to be completed. All improvements shall be made consistent with the adopted plans and specifications of the stormwater control structure and the operation and -maintenance plan or manual and speeffientions. ^nee .ugh improvements are -made, After notification by the owning entity shall forthwith eontaet the Planning Director and ask that an nspeetion be ma shall inspect and approve the completed improvements. The Planning Director may consult with an engineer or landscape architect (to the extent that the General Statutes, Chapter 89A, allow) designated by the Board of Commissioners. G. Appeals of anv order, requirement, decision, or determination made by the Planning Director may be made to and decided by the Board of Commissioners consistent with Section 502. Section 708. Sanctions In addition to the remedies described in Article 100 of this Ordinance and consistent with: G.S. 153A-123, the Board of Commissioners may seek enforcement of this Ordinance through the Board of Commissioners by assessing a civil penalty to be recovered by Iredell County in a civil action in the nature of debt if the offender does not pay the penalty in a prescribed period of time after being cited for violation of the ordinance. Said violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed in all respects by the laws and rules governing civil 29 proceeding, including the Rules of Civil Procedure in general and Rule 65 in particular. If the defendant fails or refuses to comply with an injunction or with an order of abatement with the time allowed by the court, the defendant may be cited for contempt and Iredell County may execute the order of abatement. Iredell County shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanic's and materialman's lien. The defendant may secure cancellation of an order of abatement by paying all costs of the proceeding and posting a bond for compliance with order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the judge. Cancellation of an order of abatement shall not suspend or cancel an injunction issued in conjunction therewith. Enforcement of this ordinance may be by any one, all or a combination of the remedies authorized in this ordinance. Each day's continuing violation shall be a separate and distinct offense. No one else chose to speak, and Chairman Tice adjourned the hearing. MOTION by Commissioner Robertson to approve the watershed ordinance amendments as presented by the planning supervisor. VOTING: Ayes — 5; Nays — 0. ---------------------------------------------------CONSENT AGENDA ----------------------------------------- MOTION by Commissioner Norman to approve the following 1 I consent agenda items. VOTING: Ayes — 5; Nays — 0. 1. Request from the Sheriffs Department for Approval of Budget Amendment #6 to Recognize a U.S. Immigration and Customs Enforcement Reimbursement of $50,000 for the Sole Source Purchase of an ION Scanner and Portable Video Search System: During the agenda briefing, Purchasing Agent Dean Lail said the sheriffs department desired to purchase an ION scanner and portable video search system from a sole source supplier. He said the equipment would be used to assist in immigration and customs enforcement, and a $50,000 grant from the US Immigration and Customs Department would be used to pay for the items. (The itemizer or contraband detection system will cost $40,920.58 and the video system will be $7,470.00.) 2. Request from the Health Department for Approval of Budget Amendment #7 for the Allocation of American Lung Association Grant Revenue and Expenditures: Health Director Campbell said at the briefing session that on June 21, 2005, the board approved a request to apply for an American Lung Association grant. She said $700 had been awarded, and a budget amendment was needed to allocate the funds. 3. Request from the Health Department for Approval of a Proposed Environmental Health Fee Schedule: At the five o'clock meeting, Health Director Donna Campbell and Environmental Health Supervisor Kelly Sheeks explained the need to increase the environmental health fees. Mrs. Campbell said the staff had been directed to cover the direct costs for the on-site waste water program. She said salaries/fringes, vehicle costs, office supplies (document imaging, etc.), along with historical data were all considered in reviewing the fees. Sheeks said 70% of the department's customers would need Type 1 through III septic system permits. He said the Statesville office was caught up on permits through August 26, and in Mooresville, the staff was up to August 25. made. Campbell said the department was not up to a full staffing level, but progress was being The revised fees that were approved effective October 1, 2005 are as follows: 30 iREDELL COUNTYHEALTH DEPARTMENT ENV/RONMENTAL HEALTH D/V/S/ON 1. User Fee Schedule: CURRENT and PROPOSED (with Reduced Fee for Fast Track) 31 On -Site Waste Water Current Schedule Fee Types Proposed Fee Schedule Estimated Revenue Fast Track Proposed Fee New System Permit New System Permit Type I,11 $200 Type 1-111 (except 111 p $350 $392,000 $200 Type III $330 Type III b, Type IV -VI $900 $432,000 $575 TypeIV+ $575 REPAI RS REPAI RS Type 1-111 (except I I I b) No Charge Type 1 — III (except 111 b $350 $37,800 $200 Type I 1 I b, Type I V -VI No Charge Type 111 b, Type I V -VI $900 $12,600 $575 Relayouts RELAYOUTS $36,000 Limited $50 Limited $100 $50 Comprehensive Full Permit Fee Comprehensive Type 1-111 (except 111 b) Type l 11 b, Type I V -VI $350 $900 $200 EXI STI NG SYSTEM I NSPECTI ON Existing System Inspection $100 $16,500 $50 $50 SI TEREyISITFEE No Charge Site Revisit Fee $50 $10,000 NOt Applicable OSWW REVENUE ESTIMATES $936,900 Unknown 31 32 CURRENT SCHEDULE PROPOSED FEES ESTIMATED REVENUES II. WATER SAMPLES $30 III. WATER SAMPLES Water Samples $4,500 Bacteriological, Inorganic $30 Pesticide, Petroleum, VOC $50 IV. SWIMMING POOL. PERMITS Swimming Pool Permits SWI MMI NG POOL PERMI TS $12,800 Operating <8 mos. $50 Operating <8 mos. $100 Operating 8 mos.+ $75 Operating 8 mos.+ $150 Initial Plans Review No Charge Initial Plans Review $150 TATTOO ARTIST PERMIT $200 V. TATTOO ARTIST PERMIT $200 TATTOO ARTI ST PERMI T $1,200 Local Food Plan Review Local Food Plan Review VL LOCAL FOOD PLAN REVIEW $3,600 Restaurant $200 Restaurant $200 Food Stand $100 Food Stand $100 Meat Market $100 Meat Market $100 Renovations $100 Renovations $100 REVENUE ESTI MATES $22,100 32 4. Request from the Health Department for Approval of Revised Fees in the Preventive Health Program: Health Director Donna Campbell said at the briefing session that since July of this year, Medicaid officials had sent a notification advising of a reimbursement rate increase. She said the fees had been revised to reflect the increases. The new schedule is as follows: CPT CODE NEW MEDICAI D APPROVED REVISED FEE CODE DESCRI PTI ON REI MBURSEMENT RATE FEE EFFECTIVE 7-1-05 90471 Administration fee (single $27.42 $20.00 $28.00 (EP) vaccine) Limited Office 99202 Visit $93.15 $ 90.00 $94.00 New 99203 Expanded Office $132.48 $128.00 $133.00 Visit New 99204 Detailed Office $194.58 $188.00 $195.00 Visit New 99205 Comprehensive $244.26 $236.00 $245.00 Office Visit New 99212 Limited Office $56.93 $55.00 $57.00 Visit Est. 99213 Expanded Office $78.66 $76.00 $79.00 Visit Est. 99214 Detailed Office $122.13 $118.00 123.00 Visit Est. Comprehensive $183.00 99215 Office Visit Est. $ 182.16 $176.00 T1016 CSC/unit $21.74 $21.00 $22.00 1 unit = 15 min Effective 6-15-05 5. Request from the Planning & Enforcement Department for the Awarding of a NovaLIS Software Package: During the five o'clock meeting, Inspections and Planning Director Niblock said his FY 05-06 budget included $175,000 for a software system to replace the current zoning and permitting system. He said bids were recently opened and the low bidder, Concord Engineering, was $5,000 over the budgeted amount. Niblock said the low bidder included a license for an AreGIS engine, a system that would allow inspectors in the field to access the county's GIS system with laptop computers. He said the enhancement would be beneficial, and he recommended for the bid to be awarded to Concord Engineering, or the low bidder. Niblock said the extra $5,000 could be found by transferring funds out of the contracted services line item. The bids that were received are as follows: Novalis $214,000.00 Concord Engineering 180,000.00 Woolpert Engineering 716,256.00 (adjusted to $382,032.00) The contract was awarded to Concord Engineering as recommended by staff. 6. Request from the Monticello VFD for Approval of an Updated Contract for Service District Fire Protection: During the briefing session, Asst. Co. Mgr. Tracy Jackson said the State Fire Marshal's Office had recommended for the Monticello VFD's contract to be updated. He said during a recent inspection, the Raleigh office had requested that the contract be amended by including a paragraph indicating the VFD was providing First Responder Medical Services. 7. Request for Approval of a Resolution Designating the National Incident Management System (NIMS) as the Basis for All Incident Management in Iredell County: Tracy Jackson said at the agenda briefing that in order to receive Homeland Security grants, the county needed to be NIMS compliant by October 2006. He requested approval of the following resolution that would create a task force to develop and implement an incident management plan. 33 RESOLUTION DESIGNATION OF THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS) AS THE BASIS FOR ALL INCIDENT MANAGEMENT IN IREDELL COUNTY WHEREAS, the President of the United States in Homeland Security Directive (HSPD)-5 directed the Secretary of the Department of Homeland Security to develop and administer a National Incident Management System (NIMS), which would provide a consistent nationwide approach for federal, state, and local governments to work together more effectively and efficiently to prevent, prepare for, respond to, and recover from domestic incidents, regardless of cause, size or complexity; and WHEREAS, the Governor of the State of North Carolina has issued a proclamation for the adoption of NIMS, established NIMS as the State standard for incident management for use in daily operations, as well as disaster operations in North Carolina, and directed all counties and departments to adopt and apply NIMS for all routine, multi -company and agency responses; and WHEREAS, the collective input and guidance of all federal, state and local Homeland Security partners has been, and will continue to be, vital to the development and effective implementation and utilization of a comprehensive NIMS; and WHEREAS, it is necessary that all federal, state, and local emergency agencies and personnel coordinate their efforts to effectively and efficiently provide the highest level of incident management; and WHEREAS, the NIMS standardized procedures for managing personnel, communications, facilities, and resources will improve the County's ability to utilize funding to enhance local readiness, maintain first responder safety, and streamline incident management processes; and WHEREAS, the Incident Command System components are already an integral part of various incident management activities throughout the county, including the Iredell County Emergency Operations Plan; and WHEREAS, the National Commission on Terrorist Attacks (9-11 Commission) recommends adoption of a standard Incident Command System. NOW, THEREFORE, BE IT RESOLVED that the Iredell County Board of Commissioners does hereby establish the National Incident Management System (NIMS) as the county standard for incident management, and that all emergency agencies under county control, by being county agencies, under contract with Iredell County, or by a signatory to a Mutual Aid Agreement with Iredell County, will function under the standards of the National Incident Management System. Furthermore, the Iredell County Office of Emergency Management is hereby charged with forming a Task Force that will be responsible for developing and implementing a countywide, NIMS-compliant Incident Management Plan by no later than October 2006. 8. Request for Review of an Incentive Study & Discussion/Decision Regarding an In -Range Pay Incentive Request Previously Submitted by the Chief Animal Control Officer: Tracy Jackson, at the briefing session, said that previously (June 7, 2005), the animal control supervisor had requested an in -range pay increase for the officers fulfilling the requirements (4 hours of class work and an exam) to become an Official Rabies Vaccinator. He said the board had delayed action until a survey could be conducted on the incentives currently being offered by other departments. Jackson said the findings revealed that about 95% of the departments required some type of certification and about 38% offered some type of monetary reward or reclassification. In regards to the animal control supervisor's request, County Manager Mashburn said he felt there was justification to approve the increase. Mashburn recommended that a one -percent increase be awarded. He said the effort involved needed to be studied when evaluating the requests. Mashburn said the staff would have to look at the "overall picture" regarding incentives, and guidelines needed to be created. Jackson said the animal control supervisor (Robb Tatham) already had the certification along with one other employee. He said Mr. Tatham had declined the increase due to being a department head. 34 9. Request for Approval of a Resolution that Adopts an Interlocal Agreement Establishing the North Carolina Counties Liability and Property Joint Risk Management Agency: Deputy County Manager Blumenstein said the county for several years had been affiliated with the North Carolina Association of County Commissioners (NCACC) "pool" that was created to provide a method of risk sharing along with the payout of liability claims and property losses. She said the county in the past had solicited bids for the service, but the NCACC program had proven to be the most cost efficient. Mrs. Blumenstein requested approval of the following resolution to establish and participate in the agency. RESOLUTION TO ADOPT THE INTERLOCAL AGREEMENT ESTABLISHING THE NORTH CAROLINA COUNTIES LIABILITY AND PROPERTY JOINT RISK MANAGEMENT AGENCY AND TO JOIN THE AGENCY WHEREAS, Iredell County desires to protect against liability claims and property losses and to provide for payment of claims or losses for which the county may be liable; and WHEREAS, the North Carolina Counties Liability and Property Joint Risk Management Agency had been established pursuant to G.S. §153A-445 (a)(]) and G.S. § 160A-460 through §160A-464; and WHEREAS, it is desirable for Iredell County to join the North Carolina Counties Liability and Property Joint Risk Management Agency in order to provide a method of risk sharing for liability claims and property losses. NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners of Iredell County hereby adopts the interlocal agreement entitled "Interlocal Agreement Establishing the North Carolina Counties Liability and Property Joint Risk Management Agency," and thereby joins and agrees to participate in the North Carolina Counties Liability and Property Joint Risk Management Agency, which has been formed to create a group fund to pay liability claims and property losses of the counties and other local agencies joining the agency. BE IT FURTHER RESOLVED that Joel Mashburn, Iredell County Manager, is authorized to execute the application to join the North Carolina Counties Liability and Property Joint Risk Management Agency. 10. Request for Adoption of an Amended Capital Project Ordinance for the Facility to be Occupied by the Department of Social Services: At the briefing session, Mrs. Blumenstein said earnings on investments for unspent construction funds, sales taxes (paid on building materials) and grant reimbursements for furniture/equipment needed to be recognized. She requested approval of the following amended project ordinance that illustrates the referenced revenue. Be it Ordained by the Board of County Commissioners of Iredell County, North Carolina: Section 1. Funds for this Capital Project Fund will be provided from the following source: Existing Amended Ordinance Amendment Ordinance Advance from Capital Reserve Fund to be repaid upon receipt of financing proceeds Interest on Investments Sales Taxes Reimbursed DSS Federal & State Grant Reimbursements Advance from General Fund Financing Proceeds 5434,300 - $434,300 56,860 133,100 100,765 50,000 50,000 6,671,075 6,671,075 7.155.375 290.725 57.446.100 Section 2. The following costs for the design and engineering of the Iredell County Department of Social Services Facility shall be paid by this fund: Existing Amended Ordinance Amendment Ordinance Basic A/E Fees & Consultants $345,300 0 $345,300 Professional Services -Other (Survey, Geotechnical, Reimbursables Data/ 151,805 - 151,805 General Construction 4,339,975 4,339,975 Plumbing Contractor 181,500 181,500 35 Mechanical Contractor 674,400 674,400 Electrical Contractor 633,850 633,850 Contingency 5,817 5,817 Construction Costs-Sewer 39,240 39,240 Construction Costs-Other 42,323 - 42,323 Depreciable Assets/Furniture, Fixtures & Equipment 230,365 233,865 464,230 Financing & Admin Costs (LGC Fee, Legal Fees, Title Ins, Bank Fees) 26,500 - 26,500 Transfer to Capital Reserve Fund 434,300 - 434,300 Transfer to General Fund 50,000 56,860 106,860 $7.446.100 7.155.375 290.725 Section 3. This Capital Project Fund shall continue until the project is complete. Section 4. The County Manager is authorized to transfer funds from Contingency to other expenditure Zine items with a report to the board of commissioners at their next meeting. Section 5. Payments from this Capital Project Fund shall be authorized by the County Manager or his designee. This Amended Project Ordinance being adopted September 6, 2005. 11. Request for Approval of the August 16, 2005 Minutes OF CONSENT AGENDA ---------------------------------- Request for Adoption of a Resolution Authorizing a Public Hearing on Tuesday, October 4, 2005 at 7:00 P.M. & Directing the Publication of a Legal Notice Advertising such Hearing as Required by the Tax Equity & Fiscal Responsibility Act (TEFRA) for the Issuance of Revenue Bonds for a Driver Education and Idling Reduction Foundation Advanced Truck Stop Electrification Network (ATE) Project: County Attorney Pope said the IdleAire Company provided technology to truckers that reduced or eliminated engine idling when cooling or heating vehicles at travel or truck centers. He said the benefits of the system were less wear and tear on the engines, less fuel consumption, and less particulates being emitted into the air. Pope said the company, through a revenue bond authority, had chosen 28 sites across the nation to locate the technology, and one location was in Iredell County while another was in Guilford County. He said a truck center at 306 Stamey Farm Road in Statesville was a designated project site, but first a public hearing was needed to fulfill the legal requirements. Mr. Pope said the law firm handling the matter did not expect any opposition. He said also the bond issuance would not impose a debt or indebtedness on the county. Chairman Tice then introduced and read by title the following resolution: RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IREDELL, NORTH CAROLINA, AUTHORIZING THE HOLDING OF A PUBLIC HEARING AND DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO WHEREAS, the County of Iredell, North Carolina (the "County") is a validly existing political subdivision of the State of North Carolina, existing as such under and by virtue of the Constitution, statutes and laws of the State of North Carolina (the "State "); WHEREAS, the Board of Commissioners of the County (the `Board of Commissioners ") determines that it is in the best interest of the County to hold a public hearing concerning the approval of the issuance by the Colorado Educational and Cultural Facilities Authority (the "Authority") of its ATE Network Revenue Bonds (DEIR Foundation Program), Series 2005 in an aggregate principal amount not to exceed $200,000,000 (the "Bonds'), in order to (a) finance or refinance one or more phases of the development of the Driver Education and Idling Reduction Foundation's (the "Borrower") Advanced Truck Stop Electrification Network ("ATE") located in the County, specifically 306 Stamey Farm Rd. Statesville, North Carolina, and (b) to pay certain 36 issuance expenses (collectively, the 'Project'). Up to $4,250,000 will be expended on the Project in the County; WHEREAS, the Bonds and the interest thereon shall never constitute the debt or indebtedness of the Authority or the County, the State of North Carolina (the "State ") or any political subdivision of the State or the State of Colorado within the meaning of any provision of the Constitution of the State or the State of Colorado and shall not constitute nor give rise to a pecuniary liability or a charge against the general credit or taxing powers of the Authority, the County, the State or the State of Colorado or any political subdivision of the State or State of Colorado; WHEREAS, the County hereby determines that it is the best interests of the County to hold a public hearing in order to satisfy the public approval requirement of Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), for the sole purpose of qualifying the interest on the Bonds for exclusion from the gross income of the owners thereof for federal income tax purposes pursuant to the applicable provisions of the Code; WHEREAS, a public hearing on the issuance of the Bonds after publication of a notice with respect to such public hearing must be held; and WHEREAS, the County hereby determines that all findings, conclusions and determinations of the County in this Resolution are subject to modification or affirmation after all interested parties have been afforded the opportunity to present their comments at a public hearing regarding the issuance of the Bonds and the financing or refinancing of the Project. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE COUNTY OF IREDELL, NORTH CAROLINA, AS FOLLOWS: Section 1. Public Hearing. That a public hearing (the `Public Hearing") shall be conducted by the Board of Commissioners on October 4, 2005 at 7:00 P.M. in the Iredell County Government Center, Commissioner's Meeting Room, 200 S. Center Street, Statesville, North Carolina 28677, North Carolina, concerning the issuance of the Bonds and any other transactions contemplated therein and associated therewith. Section 2. Notice of Public Hearing. That the Clerk to the Board is hereby directed to cause a notice of the Public Hearing, in the form attached hereto as Exhibit A, to be published once in a qualified newspaper of general circulation within the County no fewer than 14 days prior to the Public Hearing. Section 3. Repealer. That all motions, orders, resolutions and parts thereof in conflict herewith are hereby repealed. Section 4. Effective Date. That this Resolution is effective on the date of its adoption. On motion of Commissioner Williams, seconded by Commissioner Norman, the foregoing resolution entitled "RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF IREDELL, NORTH CAROLINA, AUTHORIZING THE HOLDING OF A PUBLIC HEARING AND DIRECTING THE PUBLICATION OF NOTICE WITH RESPECT THERETO AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS THERETO" was duly adopted by the following vote: AYES: 5 NAYS: 0 ANNOUNCEMENT OF VACANCIES OCCURRING ON BOARDS & COMMISSIONS Personnel Advisory Committee (2 announcements) Adult Care Home Community Advisory Committee (1 announcement) Local Emergency Planning Committee (4 announcements) Nursing Home Advisory Committee (2 announcements) 37 APPOINTMENTS TO BOARDS & COMMISSIONS Adult Care Home Community Advisor Committee (7 appointments): No nominations were submitted, and Chairman Tice made a motion to postpone the seven appointments until the September 20 meeting. VOTING: Ayes — 5; Nays — 0. Juvenile Crime Prevention Council (1 appointment): Commissioner Williams nominated Katie Douglas, a junior at North Iredell High, as an "under the age of 18" representative. No other nominations were submitted, and Chairman Tice made a motion to appoint Douglas by acclamation. VOTING: Ayes — 5; Nays — 0. Nursing Home Advisory Committee (2 appointments): No nominations were submitted, and Chairman Tice made motion to postpone the two appointments until the September 20 meeting. VOTING: Ayes — 5; Nays — 0. Region F Aging Advisor Committee (2 appointments): No nominations were submitted, and Chairman Tice made a motio to postpone the two appointments until the September 20 meeting. VOTING: Ayes — 5; Nays — 0. COUNTY MANAGER'S REPORT: County Manager Mashburn recognized his wife, Janie, who was in the audience. Mr. Mashburn mentioned that several Hurricane Katrina evacuees were residing in Iredell County. He said the Iredell-Statesville School System had reported that eleven children from the states impacted by the storm were enrolled in local schools. Mashburn said a couple of county employees were assisting in the U.S. Gulf Coast recovery efforts. (One employee works for EMS and the other individual works for Communications.) Fuel Consumption: The county manager said that even before the hurricane, it had been anticipated that most departments would overspend their fuel budgets. He said a spreadsheet prepared by the finance director indicated the county, overall, would be about $500,000 short by the end of the year. Mashburn said the hurricane "magnified" the fuel problem, and the county would implement as many cost saving measures as possible. CLOSED SESSION: Pursuant to G.S. 143-318. 11 (a) (5) (Property Acquisition) and G.S. 143-318.11 (a) (4) (Economic Development), Chairman Tice made a motion to enter into closed session at 7:45 P.M. VOTING: Ayes — 5; Nays — 0. (RETURN TO OPEN SESSION AT 8:20 P.M.) CALL FOR A PUBLIC HEARING ON SEPTEMBER 20, 2005 REGARDING AN ECONOMIC DEVELOPMENT INCENTIVE FOR THE ROBINSON STEEL COMPANY: OTIO by Chairman Tice to call for a public hearing on Tuesday, September 20, 2005, at 7:00 P.M., regarding an economic development incentive of $52,200 (over a five-year period) for the Robinson Steel Company based on a $3 million investment in Iredell County. VOTING: Ayes — 5; Nays — 0. 38 ADJOURNMENT: There being no further business, Chairman Tice made a �notii6 to adjourn the meeting at 8:22 P.M. (NEXT MEETING: Tuesday, September 20, 2005, at 5:00 and 7:00 P.M., in the Iredell County Government Center, 200 South Center Street, Statesville, NC. VOTING: Ayes — 5; Nays — 0. Approved: 39 Clerk to the Board