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HomeMy WebLinkAboutMinutes - 19870324 ORANGE COUNTY BOARD OF COMMISSIONERS MINUTES REGULAR MEETING MARCH 24, 1987 The Orange County Board of Commissioners met in regular session on Tuesday, March 24, 1987 at 7: 30 in the Courtroom of the old Post Office, Chapel Hill, North Carolina. BOARD MEMBERS PRESENT: Vice-Chair Moses Carey, Commissioners Stephen Halkiotis, John Hartwell, and Don Willhoit. Chair Shirley E. Marshall arrived at 7 :55. ATTORNEY PRESENT: Geoffrey Gledhill. STAFF PRESENT: County Manager Kenneth R. Thompson, Assistant County Managers Albert Kittrell and William T. Laws, Director of Finance Gordon Baker, Recreation and Parks Director Mary Anne Black, Clerk to the Board Beverly A. Blythe, Planner Gene Bell, Planning Director Marvin Collins, Planner Emily Crudup, Sergeant Joe Dickey, Coordinator of Community Housing and Development Tara Fikes, Purchasing Director Pam Jones, Public Works Director Wilbur McAdoo, Sheriff Lindy Pendergrass, Planner Don Powell, and Major Don Truelove. A. BOARD COMMENTS 1. Commissioner Halkiotis stated that the Livestock Committee met and made specific assignments to the members of the Committee. A survey of the livestock producers in the northern end of the County will be conducted. At this particular time, the Committee decided that the best option for continuation of the livestock market would not be for the County to get involved in any kind of financial commitment but to perhaps study the feasibility of a joint public/private venture which, if received favorably, would stimulate the private sector to continue the market. 2 . Commissioner Don Willhoit asked that an update be given by EMS Director Bobby Baker on the status of hazard planning at the next Board meeting. 3 . Commissioner Carey moved item F6 - Vehicle Replacements to be considered first on the decision portion of the agenda and added as the the second item the Hillsborough annexation presentation. 4 . An executive session for discussion of a property matter was added to the end of the agenda. 5. A list of priority items for the upcoming budget was distributed by Commissioner Carey for consideration. The list is an attachment to these minutes. B. AUDIENCE COMMENTS Commissioner Carey indicated that those citizens who have indicated a desire to speak to an item will be recognized at the time that item is discussed. C. MINUTES - NONE PUBLIC CHARGE Commissioner Carey read the Public Charge as approved by the Board and as stated in the rules and regulations of the Board. PUBLIC HEARINGS AND DECISION 1. EFLAND SANITARY SEWER BOND ORDER (A copy of this order is on pages &A of the official minute book) Commissioner Carey announced that this is the hour and the date fixed by the Board of Commissioners for the public hearing upon the o3444 entitled "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds. Barbara Page asked how the bonds would be repaid. Thompson explained that the $200, 000 is a loan amount that is being secured from FmHA. The debt service on the loan will be paid by the customers of the sewer system as part of their monthly service charge. The purpose of the bond is to provide collateral for the repayment of the loan should the user fees not be sufficient. Commissioner Carey asked the Clerk if she had received any written statements and she stated no. WITH NO FURTHER COMMENTS, THE PUBLIC HEARING WAS CLOSED. Thereupon, upon motion of Commissioner Willhoit, seconded by Commissioner Halkiotis and carried, the "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was passed on second reading. VOTE: UNANIMOUS. Commissioner Carey directed the Clerk to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald . 2 . HOUSE NUMBERING ORDINANCE 3 . ASSIGNMENT OF HOUSE AND BUILDING NUMBERS Marvin Collins made the presentation. He explained the purpose of the Public Hearing is to receive public comments on (1) the House Numbering Ordinance and (2) the proposed house/building numbers to be assigned in rural routes 5 and 8. Collins stated that because of the growth in the County, many rural box numbers have had to be changed several times. In January 1987 an agreement was reached between the County Manager and the Chapel Hill Postmaster whereby a joint project was undertaken to begin the conversion of rural box numbers to assigned house numbers. The Ordinance accomplishes two things: (1) Assigns house/building numbers, and (2) Provides a mechanism by which emergency vehicles will be able to identify where a person lives. Collins stated that once the numbers are assigned they will be permanent and will not need to be changed again. The Ordinance identifies a means by which the numbers will be displayed. PUBLIC COMMENTS Roger Barr indicated his address has changed several times with the assurance that the change would be final and permanent. He stated that he received a letter indicating the proposed change had already been made and scheduled to begin tomorrow. He hopes that this will be the last time his address is changed. Marvin Collins explained that in the assignment of house numbers, 50 foot increments will be used going down each road within the rural route and each increments will be numbered. With this small interval between numbers very little change will ever need to be made to accommodate additional numbers. He stated the notice received about the change was to have been delivered after the changes were approved by the Board. He indicated that when numbers are assigned, particular attention will be given to any problem with road names. James Nobblett stated he supports what is proposed. He suggested that Old 86 be named the Old Hillsborough Road. This would reduce the confusion caused by having an old and new 86. Charles Moser , resident of Oak Hill Road, complained about receiving the letter from the post office indicating the change to be effective tomorrow. In principal he agreed with a uniform system for assigning house numbers. He stated that the intersection of Sunrise and Oak Hill Road is very dangerous and asked for information about a proposed road that may be built connecting the loop with something else and stated that the land was sold in violation of the covenants on the property. This question was referred to the County Manager for investigation and response. Jack Penswater resident of Sunrise Road, explained that he is under General Telephone and under Duke Power in Durham. In addition to assigning house numbers, the County needs to become more efficient with their communication system. He asked if his new address would be Chapel Hill and if so he wants the convenience of their phone and power systems. Ms. Shelby Hewett , opposed the assignment of house numbers. She stated that those who live in the rural areas of Orange County have located their homes away from the main road. House numbers will not be seen from the road. She stated that she wants to keep the individuality of the rural area. The road she lives on was changed from Ferguson to Twin Oaks. Marvin Collins indicated there was some confusion as to which direction her house faced and that her address can be changed back to Ferguson Road. Marvin Collins asked that, because of the concerns voiced at this meeting, the Commissioners not take any action on this item but to let the Planning Staff work out the problems on Oakhill Drive and Ferguson Road and any other problems that have been identified. Mr. Delois McDaniel , referred to the letter notifying him of his change of address. The letter indicated the house numbers were already approved before the public hearing was held. Because he owns a small business, it will cost him between $700 and $1, 000 to change all of his literature. He expressed dissatisfaction with the process and asked that the Board do something to help the citizens who own small businesses and who will incur a loss because of the change in address. He stated there is nothing wrong with the rural routes and asked that nothing be changed. Commissioner Willhoit clarified that the post office can change rural route designations and can change box numbers without the approval of the Board of Commissioners. The Board of Commissioners have the authority to set street numbers. The County is attempting to adopt street numbers so that in the future it will not be necessary for the post office to change the rural route designations again. The post office can be requested to forward mail for a longer period than one year if necessary. Thomas Grobleski , Chapel Hill Postmaster apologized for the letter being sent out prematurely. He stated that this is not something the postal service is trying to force on people. He explained that they are trying to establish something that is going to be continuous and help everyone. By establishing house numbers for the rural area, the mail will be processed without regard to rural routes. He assured everyone that mail will not be returned knowingly if the postal service can deliver. He is there to provide service -- not a disservice. He stated provisions have been made to deliver mail at the old address and the new address indefinitely. Commissioner Halkiotis asked that the Postmaster meet with the Planning Staff to work out the problem areas that have been identified. Chair Marshall assured the citizens in the audience that if there are specific problems, they will be addressed by the Board. Commissioner Hartwell questioned the statement made by the Postmaster that there will be four new rural routes as of Saturday. The Postmaster indicated that these people will receive a new address change on Saturday and again when house numbers are assigned. Commissioner Hartwell asked if these changes could wait until April and the Postmaster indicated they could. WITH NO FURTHER COMMENTS THE PUBLIC HEARING WAS CLOSED. D. RESOLUTIONS OR PROCLAMATIONS 1. RESOLUTION HONORING ROBERT TENNANT Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to adopt and present to Robert Tennant a resolution of appreciation. The resolution is printed below: RESOLUTION OF APPRECIATION FOR ROBERT S. TENNANT WHEREAS, in March of 1978, Robert S. Tennant became District Conservationist and Department Head for the Soil and Water Conservation Service; and WHEREAS, for the past nine years he has provided valuable assistance to farmers in advising them on technical matters pertaining to the planning and application of the best management conservation practices that should be installed. Such practices have saved for future generations millions of tons of top soil that otherwise would have been eroded; and WHEREAS, Robert S. Tennant has served on the Agricultural Task Force to help identify measures preserve farmland, and on the Water Resources Task Force to help develop local strategies affecting surface water of the County; and WHEREAS, Robert S. Tennant acting under authority of the District Board of Supervisors, has earned through hard work and dedication the respect and appreciation of government officials, peers, coworkers, and citizens of Orange County; and WHEREAS, Robert S. Tennant has determined that it is now time for him to retire and channel his efforts toward new endeavors, NOW, THEREFORE, BE IT RESOLVED, that the Orange County Board of Commissioners declares Robert S. Tennant to have been a good steward, leader and member of Orange County Government and the District Soil Conservation Service. THEREFORE, on behalf of the citizens of Orange County, it expresses to Robert S. Tennant its sincere appreciation and gratitude for his years of service and contributions to Orange County and the Soil and Water Conservation Service, and wishes to him happiness and good health in the future. BE IT FURTHER RESOLVED, that this Resolution be presented to Robert S. Tennnt and a copy of the resolution be spread upon the minutes of this regular meeting of the 24th day of March, 1987 . VOTE: UNANIMOUS. 2 . CLEAN SWEEP PROCLAMATION Blair Pollock, Chair of the Solid Waste Task Force, indicated that emphasis will be placed on the fact that litter is actually a resource for recycling. Lorraine Parker, Chair of the Recreation and Parks Advisory Council voiced support for "Clean Sweep Month" and the plan as summarized by Mary Ann Black, Director of Parks and Recreation. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to proclaim April as "CLEAN SWEEP MONTH" in Orange County. The proclamation is stated below: WHEREAS, The North Carolina Governor's office has designated April for a statewide litter cleanup campaign on North Carolina highways; and WHEREAS, The Orange County Board of Commissioners recognizes the benefits derived to the County when the highways and streets in the County are litter free; and WHEREAS, The Board of Commissioners recognizes the negative impact on visitors and citizens when litter is permitted to accumulate; and WHEREAS, The Board of Commissioners wishes to encourage and endorse the concept of this campaign called "CLEAN SWEEP: " NOW, THEREFORE, BE IT PROCLAIMED THAT THE ORANGE COUNTY BOARD OF COMMISSIONERS DOES HEREBY DESIGNATE APRIL AS "CLEAN SWEEP MONTH" IN ORANGE COUNTY. BE IT FURTHER PROCLAIMED that the Board of Commissioners encourages all citizens of Orange County to participate in Clean Sweep activities in their neighborhoods. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA The County Manager recommended the following action by the Board: 1. CONTRACT AWARD FOR ASSISTANCE WITH ORANGE COUNTY MASTER RECREATION AND PARK PLAN (see addendum on. last page of these minutes) To award a contract to Woolpert Consultants to assist with portions of the development of the Master Recreation and Park Plan at a cost of $11,500 and authorize the Chair to sign following approval of the legal forms by the County Attorney. 2 . HILLSBOROUGH AGREEMENT ADDENDUM FOR LAND RECORDS INFORMATION ACCESS AGREEMENT To approve the Land Records Information Access Agreement with the Town of Hillsborough which will provide the Hillsborough Town Staff and the public access to the Land Records Information System from the Hillsborough Town Hall. 3 . CAROLINA CABLE CHANGING ORGANIZATION (SECOND READING) To approve the second reading of the transfer of ownership of Carolina Cable from Prime Venture I, Inc. to Prime Cable Income Partners L.P. The resolution approving the transfer is stated below: RESOLUTION OF THE ORANGE COUNTY BOARD OF COMMISSIONERS APPROVING TRANSFER OF PRIME VENTURE 'S CABLE TELEVISION FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. WHEREAS, the Board of Commissioners of Orange County by an ordinance effective February 24, 1981, granted to Village Cable of Orange County, Inc. ("Village Cable") a franchise to operate a cable television system in Orange County; and WHEREAS, the Board of Commissioners by Resolution of July 7, 86 approved transfer of the Village Cable Delaware Corporation and managing general partner of Prime Cable Income Partners L.P. ("Prime L.P. ") , a Delaware limited partnership; and WHEREAS, Prime Venture has requested permission from the Board of Commissioners to transfer its rights under the franchise to Prime L.P. ; and WHEREAS, Prime L.P. agrees to accept the terms and obligations of the franchise as transferred; NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that: 1. Upon signed acceptance of this Resolution by Prime L.P. , all rights and obligations of Prime Venture in the cable television franchise ordinance and franchise cited above are transferred to Prime L.P. 2 . All other provisions of the franchise ordinance and franchise shall remain in effect. Approved by the Orange County Board of Commissioners at regular meeting of the Board held on the 24th day of March, 1987 . 4. TRANSPORTATION BOARD OPERATIONAL BY-LAWS (complete narrative is in the permanent agenda file in the Clerk' s office) To approve the Transportation Advisory Board Operational By-Laws as developed by the Transportation Board. 5. AUTHORIZING SUBMISSION OF THE TITLE III-B APPLICATION To authorize the submission of the Title III-B Older Americans Act (social services/senior center) application to Triangle J. Council of Governments by the County Manager, effective July 1, 1987 through June 30, 1988 for federal and state funds in the amount of $104,414 . This is a yearly continuation application covering specified services which are a part of the Department on Aging's current budget. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve items 1, 2 , 3 , 4, and 5 of the consent agenda. VOTE: UNANIMOUS. ITEMS FOR DECISION - REGULAR AGENDA 11A. SHERIFF VEHICLE REPLACEMENTS FOR 1987-88 Sheriff Lindy Pendergrass made the presentation. He recommended to the Board the implementation of the single driver vehicle for the Orange County Sheriff's Department. The plan will save orange County $105, 020 within the next five years. The plan will pay out and recoup the initial investment in three years. The plan will allow the Sheriff's Department flexibility in the use of personnel and reduce vehicle cost and maintenance. Patrol cars would be assigned in areas throughout the County giving visibility, deterring crime and increasing the officers identity with the neighborhood in which he lives. If approved, the plan would monitored closely to provide the highest productivity and cost effectiveness in Orange county. In response to a question from Chair Marshall, Pendergrass explained that if 21 vehicles were purchased this year, next year the number would be 19 and the third year 15. Sheriff Pendergrass explained the procedure followed in changing shifts and the time lost in maintaining the automobiles. He noted that if the 15 vehicles and the necessary equipment for each car were purchased this year without turning any cars in, the plan could be implemented this year. It would be necessary to purchase 19 cars next year and 15 each the next two years. In two years an escrow amount would be available from the ABC fund that may be used to purchase two cars. The Board members endorsed the recommendation indicating the County would have better coverage and visibility, manpower costs would be saved, the moral of the officers would be increased and in the long run the plan would save maoney. After further discussion, it was decided that the program should be phased in over a period of time. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the concept of single driver vehicles. County Manager Kenneth Thompson noted that in the short run the recommendation would cause problems because the high mileage cars would be kept one more year causing additional maintenance and workload at the garage. However, in the long run the plan would save money. Sheriff Pendergrass pointed out that with single driver cars the maintenance cost will be lower. VOTE: UNANIMOUS. It was the consensus of the Board to authorize the purchase of 15 new vehicles and to delay the determination of whether or not the old vehicles will be sold at auction until after the budget is approved. 11A. ANNEXATION - HILLSBOROUGH Mayor of Hillsborough Frank Sheffield explained that Hillsborough is seeking legislation on this annexation because of the way the law is written for towns of less than 5, 000 in population. Sixty percent of the area to be annexed must be in 5 acre lots or more. The reason for the annexation is to bring into Hillsborough all those fully developed areas. Phase I annexation is to broaden the tax base for Hillsborough. Phase II would bring into Hillsborough those fully developed areas because people in those areas have requested to be annexed to the Town. People in the extraterritorial areas are now paying a higher water rate than those people located within the city limits of Hillsborough. The Town would like to annex those areas listed in Phase I this year because they can provide the services to that area. Next year Phase II would be annexed. A public hearing was held with a minimum of opposition voiced. He asked that the Board of Commissioners support the proposal. The intention of the annexation is to provide a full range of municipal services to an area that is urbanized. Mayor Sheffield in response to a concern expressed by Chair Marshall explained that in reference to the rural fire department that the Town would do whatever is required as outlined in the General Statutes. He explained that the majority of Hillsborough water and sewer customers live outside the city boundaries and that in his opinion the Town has been dependent upon these revenues to supplement the Town's revenues. Commissioner Willhoit indicated that because the annexation will not benefit the County that the stand of the Board of Commissioners should be not to oppose the annexation. Chair Marshall pointed out that the policy of the State of North Carolina is that those areas which are at municipal density should be municipal and the County's function is to support that policy if the Town can provide the services that are necessary. Motion was made by Commissioner Hartwell, seconded by Commissioner pis Carey to approve an endorsement that the Board of Commissioners has�i objections to the Hillsborough annexation plans as proposed by Mayor Sheffield. VOTE: UNANIMOUS. 1. POPULATIONLEMPLOYMENT ESTIMATES FOR THE DURHAM, CHAPEL HILL. CARRBORO (DCHC) THOROUGHFARE PLANNING AREA The presentation was made by Planner Gene Bell. The report was prepared for the DCHC area by the planning and/or transportation staffs of the respective jurisdictions. It provided population/employment estimates for the years 1985, 2000 and 2010. NCDOT has asked that the planning boards and governing boards of the various DCHC jurisdictions review the estimates prior to their being used as input to a computer deficiency analysis model. Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to approve the report as presented. VOTE: UNANIMOUS. 2 . WORKSHOP - TRANSFER OF DEVELOPMENT RIGHTS Planning Director Marvin Collins noted that the Board expressed an interest in the concept of development rights and its application in the County from the standpoint of agricultural preservation and protection of environmentally sensitive areas and perhaps historic preservation. There has also been an interest in combining real estate transfer tax or impact fees for the purpose of protecting the Rural Buffer area. He explained that representatives from other jurisdictions who have had first hand experience dealing with transferable development rights would be invited to attend and make presentations. After the workshop, legislation could be requested which would authorize the County to proceed with implementation. Chair Marshall noted that because enabling legislation had to be in Raleigh by April 15, this legislation could not be developed in time to be effective this year. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve a Planning Board workshop on transfer of development rights to be held in late April or early May. VOTE: UNANIMOUS. 3 . J & J PROPERTIES - PRELIMINARY Planner Greg Szymik presented for approval the preliminary plan for the J & J Properties which is located on an existing private road off Pleasant Green Road in Eno Township. One 5.5 acre lot is proposed out of a 17.5 acre tract. The property is zoned R-1 and is located in the Rural Residential area designated in the Land use Plan. The Planning Board recommended approval with three conditions. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to approve the Preliminary Plat with three conditions as stated below: 1. Indicate tax map, block and lot number on the plan. 2 . Indicate the control corner. 3 . Indicate the acreage of the lot so as to include the area within the right-of-way. VOTE: UNANIMOUS. 4 . DATHENE TERRACE - PRELIMINARY r Greg Szymik indicated the property is located in the Town of Hillsborough on Dathene Drive. Three lots are proposed out of a 1. 24 acre tract. The property is zoned R-10 by the Hillsborough Zoning Ordinance. He stated that the tract is severely limited by a branch that runs through the middle of the tract and by poor soil conditions. The site has poor infiltration and absorption conditions. The Stormwater Management Plan has been denied by the Orange County Erosion Control Officer. The Planning Board recommended denial. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to deny the Preliminary Plan for Dathene Terrace because a satisfactory Stormwater Management Plan, as required by the Subdivision Regulations, was not developed and approved. After further discussion and input from Fritz Brunson, representing the developer, Commissioner Willhoit withdrew his motion and Commissioner Carey withdrew his second. Motion was made by Commissioner Willhoit, seconded by Commissioner Carey to refer this Preliminary Plan back to the Planning Board for further consideration. NO VOTE WAS TAKEN. Motion was made by Commissioner Halkiotis, seconded by Commissioner Carey to deny the Preliminary Plan as recommended by the Planning Board. VOTE: UNANIMOUS. 5. ESODERRICK SUBDIVISION - PRELIMINARY PLAN Greg Szymik presented for approval the Preliminary Plan for Esoderrick Subdivision located in Cedar Grove Township on the northeast side of Quiet Acres Drive. Two lots are proposed out of 10. 49 acres. The Land Use Plan designates this area as Rural Residential. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the Preliminary Plat. VOTE: UNANIMOUS. 6. ELM GROVE - PRELIMINARY Greg Szymik presented for approval the Preliminary Plan for Elm Grove. The property is located in Chapel Hill Township on the north side of New Hope Church Road (SR 1723) . Five lots are proposed out of 10. 53 acres. An Orange County "class B" private road will be constructed and will provide access to all subdivision lots. The property is zoned RB (Rural Buffer) and the Land Use Plan designation is RB. The Planning Board recommended approval with three conditions. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the Preliminary Plat with three conditions as stated below: 1. Provide a notation on the plat restricting access of lots 1 and 5 to the private road; 2 . Indicate the property owner at the western boundary line; and 3 . Payment in lieu of dedication ($693) to Orange County. VOTE: UNANIMOUS. 7 . REZONING REQUEST - W.E. & RUBY S BLACKWOOD (Z-1-87) Marvin Collins presented for approval a proposed amendment to the Zoning Atlas. This request was presented at the Public Hearing hel�c on February 23, 1987. The property is located on the north side of NC 54 opposite the intersection of White Cross Road (SR 1952) and consists of 2 acres. The present zoning is AR. The requested zoning is to LC-1. The Planning Board recommended approval. The Planning Department would enforce the provisions of the Zoning Ordinance, limiting traffic generation to acceptable levels by-way-of restrictions on building size and/or use. Motion was made by Commissioner Carey, seconded by Commissioner Hartwell to approve the rezoning request with the condition that the operator of the business cooperate with the Orange Grove Volunteer Fire Company in pre-planning how a fire would be handled on the premises and in sharing with the Department the nature and location of any hazardous materials. VOTE: UNANIMOUS. 8 . PROPOSED ZONING ORDINANCE AMENDMENT - ARTICLE 11.7 NONCONFORMING LOTS Marvin Collins made the presentation. Article 11.7 of the Zoning Ordinance requires that. nonconforming lots of record, in the same ownership and with continuous frontage, be combined to create conforming lots. Approval of the amendment would allow the construction of single- family detached dwellings and customary accessory structures on nonconforming lots of record. The amendment would apply in all zoned townships. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to approve the proposed amendment as follows: 11.7 Nonconforming Lots 11. 7. 1 Use of Nonconforming Lots for One-Family Detached Dwellings A one-family detached dwelling and customary accessory structures may be erected, occupied and used on a separate nonconforming lot of record in accord with other requirements applying in the zoning district. 11.7. 2 Rules Concerning Combination of Contiguous Nonconforming Lots in Same Ownership and With Continuous Frontage: Exception (This article would be deleted in its entirety) VOTE: UNANIMOUS. PROPOSED ZONING ORDINANCE AMENDMENT - ARTICLE 7 . 20 PD-MHP MOBILE HOME PARK DISTRICT Marvin Collins made the presentation. A public hearing was held on proposed amendments to Article 7 .20 on February 23 , 1987 . The proposed revisions apply only to new mobile home parks. The amendments would allow more flexibility in the design of mobile home parks while addressing public health and safety concerns. The Planning Board recommended approval. The amendments to Article 7. 20 include the following amendments. The entire text is an attachment to these minutes as pages qUF_- 9LY (1) The mobile home space requirement is reduced from 10,000 to 5, 000 square feet. The reduced standard is based on the model ordinance of the N.C. Manufactured Housing Association. Zoning district lot size requirements are employed to control density rather than enforcing a minimum standard of 10, 000 square feet. Further density control would be determined by method of sewage disposal and water supply, and Health Department standards applicable to each. (Article 7 .20. 4 J. ) (2) Requirements for patios and decks have been deleted. Mobile home entrances vary by type of unit. Each time a mobile home is replaced, patios and decks would have to be shifted. (Article 7 . 20.4B) (3) Specific setback distances from mobile home space boundaries have been deleted. Instead, spacing requirements between units have been used to allow owner/operators more flexibility in placement of units on lots. The minimum spacing required between individual units is 20 feet. A 22-foot set-back requirement is mandated between a mobile home and the street on which the space fronts. (Art. 7. 20.4C) (4) Mobile homes are required to provide solid foundation enclosure or skirting within 90 days of placement on a space. The type of skirting must be uniform throughout the park. (Article 7 . 20. 4D) (5) Access to entrances must be provided in compliance with the N.C. State Building Code. (Article 7 . 20. 4D) (6) Streets must be at least 18 feet in width and located in at least a 40 foot right-of-way. Streets must be hard surfaced, and cul-de-sacs must not exceed 800 feet in length. (Article 7. 20. 4E) (7) Traffic control signs must be placed in appropriate locations in the park, and an approved unit numbering system for the park provided to emergency services personnel. Mobile homes must have appropriate numbers located thereon and in conformance with the approved numbering system. (article 7. 20.4F) (8) Grounds and buildings must be maintained free of noxious weeds, abandoned appliances, automobiles and other similar nuisances. (article 7. 20.4G) (9) Recreation areas are to be provided in accordance with the Subdivision Regulations and applicable provisions of the Zoning Ordinance. (article 7. 20.4H) (10) Landscaping and screening is limited to a 100 foot buffer requirement and screening around trash containers (dumpsters) . (Article 7 .20.4I) Motion was made by Commissioner Carey, seconded by Chair Marshall to approve the proposed amendments to Article 7.20 of the Zoning Ordinance. Discussion ensued on the requirement in the Ordinance that skirting must be uniform throughout the park. Collins noted that this provision provides some uniformity of design in one aspect of the park and was suggested by the mobile home park owners. VOTE: UNANIMOUS. 10. PROPOSED AMENDMENTS TO THE FLOOD DAMAGE PREVENTION ORDINANCE (The complete narrative is attached to these minutes on pages Y40 . ) Planner Greg Szymik presented for approval proposed amendments to the Flood Damage Prevention Ordinance. On August 25, 1986, the Federal Emergency Management Agency published final rules revisicy National Flood Insurance Program criteria. The criteria became effective October 1, 1986 and require, as a condition of continued validity, that communities revise their floodplain management regulations to make them consistent with this criteria within six months of the effective date. The proposed revisions provide for changes in the definition of mobile homes and start of construction, flood proofing of mechanical and utility equipment, the use of openings in enclosures beneath a structure's lowest floor, the use of available flood data, and certification of floor elevations. The Planning Board recommended approval. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to approve the proposed amendments to the Flood Damage Prevention Ordinance as presented and recommended by the Planning Board. VOTE: UNANIMOUS. 11. PROPOSED SUBDIVISION REGULATIONS AMENDMENT - SECTION IV-B-8 LANDSCAPING AND BUFFER REQUIREMENTS (The complete narrative is attached to these minutes on pages ?6,5 . ) Marvin Collins presented for approval proposed amendments to Section IV-B-8 of the Subdivision Regulations which contains standards for the installation of plant materials in building setback areas and on parcels designated for recreation/open space use. A public hearing was held on these revisions on February 23, 1987. The Planning Board recommended approval of the proposed amendments subject to a text change (Section IV-B-8-c-1) as recommended by the County Attorney. Motion was made by Chair Marshall, seconded by Commissioner Halkiotis to approve the proposed amendments as recommended by the Planning Board and the wording for Section IV-B-8-c-1 as provided by the County Attorney in Attachment 1. VOTE: UNANIMOUS. 12 . PROPOSED WATER AND SEWER EXTENSION POLICY - ORANGE COUNTY Marvin Collins presented for information purposes a draft water and sewer policy for Orange County. A desire was expressed by the Board to adopt a water and sewer policy and the funding sources that would be necessary. Geoffrey Gledhill suggested that any water and sewer policy be an amendment to the policy made on September 13 , 1984 in connection with the Efland Sewer Line extension. 13 . SUBMISSION OF SMALL CITIES COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION/COMMUNITY DEVELOPMENT BLOCK GRANT TARGET AREA SELECTION Housing and Community Development Director Tara Fikes requested authorization to submit a Small. Cities Community Development Block Grant application for 1987. The maximum amount an applicant can request is $600, 000. Two public hearings must be held and in order for the County to apply, all 1982 and 1983 grants must be completed and all funds expended by May 12, 1987. Fikes gave an update on the two projects and the items that need to be completed before the May 12 deadline. Chair Marshall stressed the importance of meeting the requirements in order to submit the grant application. Fikes assured her that everything would be completed in time to make application. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to authorize the submission of a Small Cities CDBG application to NRCD for the Rencher Street Area, and to adopt the following resolution authorizing the filing of the CDBG application: Resolution of the Orange County Board of Commissioners authorizing the filing of Community Development Block Grant application. It is hereby resolved: That the Orange County Board of Commissioners authorize the filing of Orange County' s Fiscal Year 1987 Community Development Block Grant Application, including all understandings and assurances contained within the application. That an application will be submitted to the North Carolina Department of Natural Resources and Community Development on or before May 19, 1987. The amount requested is $600, 000. VOTE: UNANIMOUS. 14 . REAL ESTATE TRANSFER TAX - PUBLIC HEARING DATE Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell to set a public hearing for April 6 to receive comments on the real estate transfer tax. VOTE: UNANIMOUS. 15. SENATE BILL 2 RESOLUTION Motion was made by Commissioner Willhoit, seconded by Commissioner Halkiotis to adopt the following resolution and authorize the Chair to sign: WHEREAS, Orange County is eligible to receive $242, 450 in Senate Bill 2 funds over a two year period for sewer projects; and WHEREAS, the Orange County Board of Commissioners committed to construct a sewer collection system in the Efland-Cheeks area of the County by a resolution adopted on November 20, 1984 ; and WHEREAS, it has been the intent of the Orange County Board of Commissioners to finance a portion of this sewer collection system with Senate Bill 2 sewer funds since these funds became available; and WHEREAS, it was the intent of the Orange County Board of Commissioners to adopt a resolution allocating Senate Bill 2 funds to this project by December 31, 1986 but was not able to do so due to the lack of bids pertaining to the project; and WHEREAS, an amended project ordinance for this sewer collection system was adopted by the Orange County Board of Commissioners on February 2, 1987 appropriating $203,850 in Senate Bill 2 funds for this project. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of the health of the citizens and for the good of the environment of the County, the Board does hereby formally allocate Senate Bill 2 sewer funds in the amount of $203 , 850 to the Efland Sewer Project; and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby requests that the State of North Carolina encumber $203, 850 of Senate Bill 2 sewer funds for the use of Orange County, and BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board understands that Senate Bill 2 funds must be matched equally with local funds for the project indicated. Adopted this 24th day of March, 1987. VOTE: UNANIMOUS. H. APPOINTMENTS The following appointments were made by the Board: ANIMAL CONTROL TASK FORCE Anne Gross Riley Wilson Sim Efland Dean Deter Pat Sanford R. D. Smith Lt. Ben Callahan Dr. E. W. Van Stee Donald Ingraham Kenneth Maynard Harvey Carnes Willard Ward AGRICULTURAL ADVISORY BOARD Carl Walters Frances L. Shetley Robert Nutter Larry Rogers CARRBORO PLANNING BOARD Toy Cheek (one year term) AMENDMENT TO ITEM FI - CONTRACT AWARD FOR THE MASTER RECREATION AND PARK PLAN Motion was made by Commissioner Willhoit, seconded by Commissioner Hartwell that the foregoing approval be contingent upon the approval of a budget amendment which will provide sufficient funding to cover the contract. VOTE: UNANIMOUS. EXECUTIVE SESSION Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to go into executive session to discuss a property matter. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit to go back into regular session. VOTE: UNANIMOUS. Motion was made by Commissioner Carey, seconded by Commissioner Willhoit that the Board decline the offer made by the Lake Orange, Inc. and authorize the Chair to sign a letter refusing the offer. VOTE: UNANIMOUS. I. ADJOURNMENT Upon motion made by Commissioner Hartwell, seconded by Commissioner Carey the meeting was adjourned. The next regular meeting will be held on April 7, 1987, 7: 30 p.m. in the Courtroom of the old Courthouse, Hillsborough, North Carolina. Shirley E. Marshall, Chair Beverly A. Blythe, Clerk RESOLUTION WHEREAS, Orange County is eligible to receive $242,450 in Senate Bill 2 funds over a two year period for sewer projects; and WHEREAS, the Orange County Board of Commissioners committed to construct a sewer collection system in the Efland-Cheeks area of the County by a resolution adopted on November 20, 1984; and WHEREAS, it has been the intent of the Orange County Board of Commissioners to finance a portion of this sewer collection system with Senate - -- Bill 2 sewer funds since these funds became available; and WHEREAS, it was the intent of the Orange County Board of Commissioners to adopt a resolution allocating Senate Bill 2' funds to this project by December 31, 1986 but was not able to do so due to the lack of bids pertaining to the project; and WHEREAS_, an amended project ordinance for this sewer collection system was adopted by the Orange County Board of Commissioners on February 2, 1987 appropriating $203,850 in Senate Bill 2 funds for this project. NOW, THEREFORE, BE IT RESOLVED by the Orange County Board of Commissioners that in the interests of the health of the citizens and for the good of the environment of the County, the Board does hereby formally allocate- Senate Bill 2 sewer funds in the amount of $203,850 to the Efland Sewer Project; + and BE IT FURTHER RESOLVED that the Orange County Board of Commissioners hereby requests that the State of North Carolina encumber $203,850 of Senate Bill 2 sewer funds for the use of Orange County; and BE IT FURTHER RESOLVED by the Orange County Board of Commissioners that the Board understands that Senate Bill 2 funds must be matched equally with local funds for the project indicated. Adopted this 24th day of March, 1987. Shirley E. M shall, Chair Orange County Board of Commissioners Attest: Beverly Blyth , Clerk Orange County Board of Commissioners 96A The Board of Commissioners for the County of Orange, North Carolina, met in regular session in the District Courtroom of the Old Chapel Hill Post Office in Chapel Hill, North Carolina, the regular place of meeting, at 7: 30 P.M. on March 24, 1987. Present: Vice Chair Moses Carey, presiding, and Commissioners Halkiotis, Hartwell and Willhoit. Absent: Chair Shirley Marshall. The Chairman announced that this was the hour and day fixed by the Board of Commissioners for the public hearing upon the order entitled: "ORDER AUTHORIZING $200,000 SANITARY SEWER BONDS" and that the Board of Commissioners would immediately hear anyone who might wish to be heard on the question of the validity of said order or the advisability of issuing said bonds. No one appeared, either in person or by attorney, to be heard on the question of the validity of said order or the advisability of issuing said bonds except Barbara Paige, residing at Hillsborough, who appeared in person and asked when will the bonds be repaid? The Orange County Manager explained that the bonds will be repaid principally from revenues collected from the operation of the Efland Sewer System. The foregoing statement was duly considered by the Board of Commissioners. The Clerk to the Board of Commissioners then announced that no written statement relating to said question had been received. • 96 . NOTE: The preceding page is written on the theory that no person wishes to be heard, either orally or in writing. If the contrary is true, one or more of the following clauses may be added after the last sentence on the preceding page: except residing at who appeared in person and stated except Esq. , who stated that he represented residing at who wished to state except a statement signed by per- sons, which statement was read and ordered spread upon the minutes, and is as follows: (If any written statement is filed it should be inserted in full in the minutes at this point, including names of signers, if such insertion is practicable) . All of the foregoing statements were duly considered by the Board of Commissioners. [In any event, remove this page from the proceedings prior to their certification. ] 96c Thereupon, upon motion of Commissioner Willhoit seconded by Commissioner Halkiotis and carried, the order introduced and passed on first reading on February 2 , 1987 entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" was read a second time and placed upon its final passage. The vote upon the final passage of said order was: Ayes: Commissioners Carey, Halkiotis, Hartwell and Willhoit Noes: None The Chairman then announced that the order entitled: "ORDER AUTHORIZING $200, 000 SANITARY SEWER BONDS" had been adopted. The Clerk to the Board of Commissioners was thereupon directed to publish said order, together with the appended statement as required by The Local Government Bond Act, as amended, once in The News of Orange and The Durham Morning Herald. I, Beverly Blythe, Clerk to the Board of Commissioners for the County of Orange, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of said Board at a-meeting held on March 24, 1987 as relates in any way to the adoption of an order authorizing bonds of said County and that said proceedings are recorded in Minute Book No. 21 of the minutes of said Board, beginning at page and ending at page g6U I DO HEREBY- FURTHER CERTIFY that the attached schedule of regular meetings of said Board of Commissioners has been on file in my office pursuant to G.S. §143-318. 12 as of a date not less than seven days before said meeting. WITNESS my hand and the corporate seal of said County, this 25thday of March 1987. Clerk to pflii Board of Wmmissioners 2- PROPOSED AMENDMENTS TO ARTICLE 7 - PLANNED DEVELOPMENTS PD-MHP PLANNED DEVELOPMENT-MOBILE HOME PARK DISTRICT Revised: 1-13-87 1-19-87 7.20 PD=MHP PLANNED DEMEL.OPMENT-MOBTLZ ROM PARK DISTRICT The following regulations and requirements apply to PD-MHP Planned Development-Mobile Home Park Districts. 7 .20.1 PD-MHP District, Definition And Intent PD-MHP districts may be established , in accordance with the general procedures and requirements set forth in Sections 7.4 through 7.9 and with intensities and in locations in accordance with the Comprehensive Plan, the Zoning Atlas, and the standards set forth herein. The purpose of the this district is to provide for the development of properly located and planned facilities for mobile home parks. Adequate housing is fundamental to the welfare of county residents; however, conventional housing is not consistently affordable to, nor appropriate for, all members of the general public. Where properly regulated and located, mobile home parks address the public need for alternative housing and achieve a satisfactory. relationship to adjoining and nearby property. The district shall be located in such a manner as to be compatible with the character of existing development of surrounding properties, - thus insuring the continued conservation of building values and encouraging the most appropriate use of land in the county. Therefore, when evaluating an application for this district, emphasis shall be given to the location of the proposed mobile home district, the relationship of the site and site development plan to adjoining property► and the development itself. 7.20.2 Aea Beauirements JDX Establishment ml District The minimum area of any site to be developed as a mobile home park shall be ten (10) contiguous acres and the maximum area shall be twenty-five (25) contiguous acres, including rights-of-way and utility easements. (See definition of "mobile home park" in Article 22 of this Ordinance.) 7.20.3 Permitted Principal Oses And Structures Permitted principal uses and structures, as well as accessory uses and structures, within the mobile home �U� park district are listed below. 96F , 1 A. Mobile homest as defined in Article 22 of this ` Ordinance. A. Caretaker's or manager's home or office. C. Service buildings and areas necessary to provide washing and drying machines for domestic laundry, sanitation, rest rooms, storage, vending machines, and other similar services provided by the facility for the use and convenience of the mobile home park tenants. D. Recreation buildings/facilities and areas serving only the mobile home park in which they are located. E. Customary accessary buildings and facilities necessary for operation of the mobile home park in which they are located. F. Storage buildings for individual mobile home spaces and intended for the exclusive use of the occupants of the mobile home space. G. Fencedr communal storage areas provided by the park operator for boatst campers, and other accessory vehicles belonging to park residents. H. Sales of mobile homes to be located within the district are permitted only for mobile homes which are already located on approved and established mobile home spaces. 7.20.4 Development Standards f,_QZ Mobilg Home Parks It is the intent of these standards to provide for mobile home _ parks which are aesthetically pleasing and provide an overall healthy environment for the residents of such parks. The design of mobile home parks shall respect the physical qualities of the land, including areas of steep topography, floodplains, and unique natural areas, and the preservation of existing wooded areas to serve recreation, open space, and scenic purposes. Mobile home park designs shall clearly reflect the needs of intended park residents and shall provide services and facilities accordingly. A. Mobile Rome Space Requirements 1. A mobile home park shall be divided into mobile home spaces, with each mobile home space having an area of at least five thousand (5,000) square feet and a minimum width of at least fifty (50) feet; provided, howeverf that the Orange County Health Department may increase the minimum area requirement for the park and/or individual spaces where necessary to be consistent with groundwater 109 resources and/or the limitations of sewage disposal systems. In any event, the mobile home -0-1 space shall be of sufficient size to meet '"' separation requirements based on the anticipated size and character of the mobile home and any additions or accessory buildings to be placed on the space. 2. The location of mobile home spaces on the ground shall be approximately the same as those shown on approved plans. 3. Only one (1) mobile home and its customary accessory buildings may be erected on any mobile home space at one time. B. EDbj a Home stand Rpauir-em-entn Each mobile home must be placed on a permanent stand which meets the specifications listed below. I. The location of each mobile home stand must be at an elevationt distance and angle in relation to the adjacent access drive or street such that placement and removal of the mobile home is practical by means of customary moving equipment. 2. The surface of each mobile home stand and the area around it shall be graded where necessary to - provide proper drainage and prevent the accumulation of water. 3. Each mobile home stand shall have a solid base surface consisting of at least three (3) inches of compacted fill dirt, crusher run or Chapel Hill gravel► or paved slab, and it shall comply with those standards specified in the mate S2f North Carol_i na Regulations f U Mohi l,' l e Homes Aad Modular a ___u_s_ina. Prior to installation of the base surface, all top soil shall be removed from the _ area to be occupied by the mobile home stand. C. 59m ation ReaLirements The following separation requirements shall pertain to every mobile home, single or double-wide, within a mobile home park. 1. Each mobile home shall be located at least twenty (20) feet from another mobile home and/or building within the mobile home park, except small storage buildings located on the same mobile home space and intended for use by the occupants of that space. All attached structures► including storage buildings, carports and covered porches, but 110 96H excluding open decks and porches, will be considered part of a mobile home for purposes of 1 v determining separation requirements. 2. Each mobile home shall be located at least twenty-two (22) feet from the right-of-way line of an access drive or street providing access to the space on which the mobile home is located. 3. A detached structure located on an individual mobile home space and intended for the use of the occupants of the space shall be located at least five (5) feet from any mobile home or other building. D. ?na all-ati on DI individual Mobile Homes 1. Each mobile home shall be set up and installed in accordance with standards specified in the Sate Af North Carolina Resula�ti ,n_, Lgr, Mobile Homes Aad Modular Housing. 2. The owner/operator of a mobile home park shall designate a uniform type of solid foundation enclosure or skirting fully enclosing the crawl space beneath each mobile home in the mobile home park. Foundation enclosures or skirting must be installed in accordance with applicable standards of the North Carolina State Buildina Code and, in any event, within ninety (90) days of placement of a mobile home on a mobile home space. 3. Access shall be provided to all entrances of a mobile home by-way-of steps (including handrails) installed in accordance with the standards of the Forth Carolina State Bui_ld�inq 5Dd&. where the residents of a mobile home choose to install decks adjacent to entrances, the mobile home will be required to have steps and handrails which meet the standards of the North Carolina State Bu, 1 din Code until the decks are completed. E.Vehi_cular Accesn 1. Each mobile home space shall abut upon an improved access drive or street which shall have unobstructed access to a public thoroughfare. 2. No mobile home space shall have direct vehicular access to a street or thoroughfare other than those located within the mobile home park. 3. The street layout within the mobile home park should be appropriately related to the topography, locations of abutting land uses, drainage patterns, street function and t .1 YY natural features of the site. The Of streets should minimize over-allnlengthyoof 961 streets and provide for the safe, continuous flow of traffic within the mobile home park. 4• All streets within a mobile home park shall be located within a forty (40) foot right-of-way, and the travelway for all streets shall be least eighteen (I8) at feet in width and must satisfy the drainage Orange County's Erar specified in � � U Qrdin n p. All streets��lnla , on constructed with paved, all-weather surfaces consisting of four (4) inches of base material (crusher run) and one and one-half (1-1/2) inches Of I-2 asphalt or tar treatment consisting a minimum nof gravel treatment of base material (crusher run) covered with alternating layers of tar and pea-size gravel. 5. Every street within a mobile home park shall have a maintained six (6) foot wide shoulder running parallel and adjacent to each side of the paved street surface.s, The shoulder section may low-growing vegetative ground cover or grass rights-of-way. y 6• Cul-de-sacs or deadend streets are permitted within mobile home parks; rovided, how , the maximum length of a cul-de- sacs shallebereight hundred (800) feet. Cul-de-sacs shall have a paved turnaround radius of forty-five (45) feet with a right-of-way radius feet. of fifty-five (55) 7• Streets shall be laid out so as to intersect as nearly as possible at right angles, and no street intersection shall street at an angle less than sixtyintersect (60) degrees. turning radius at street intersections shall not be less than thirty (30) feet. intersections are to be avoided, but Owhere permittedr they shall be separated by a minimum distance of two hundred (200) feet between street center lines. Where streets servin intersect with a g a mobile home park State-maintained street, the intersection design shall standards of the North Carolina fDepartment the Transportation specified in �ubc ;v; sou 1'I.tIIl,ID1lIl1 LQILS � ZLA d r d a, 8• Each mobile home space shall have Off-street parking facilities vehicles. Each parking space must obe atwoleast nine (9) feet in width and eighteen (18) feet in depth and must be located entirely on the mobile 112 961 home space. Required off-street parking spaces ;1 must be surfaced with at least four (4) inches of compacted crushed stone or an allweather paved surface. F. Jdent i f,,•a i nn &fans/Stif t PP, Num1___e r i,= To prevent distractions to passing motorists and adjacent property owners, yet permit ease of identification and access for . emergency services personnel► identification, directional and street signs within mobile home parks are regulated as follows: 1. There shall be no more than one (1) double-faced sign per park -entrance announcing the name of the mobile home park. Such signs shall be limited to sixteen (16) square feet in area and the top of such signs shall be no higher than ten (10) feet above ground level. In addition to the name of the mobile home park► such signs shall identify the name of the park owner/manager and his or her phone number. All such signs shall be located on private property and shall be erected so that no part of said signs intrudes into the sight preservation triangle required by Article 9.2 of this Ordinance. Such signs may be illuminated, provided that indirect, nonflashing lighting is used, and provided that each sign is constructed in a manner so as to prevent a direct view of the light source from any public or private street right-of-way or adjoining residential property. 2. Traffic control signs (stop, yield, speed limitr children playing signs) meeting the standards of the Uniform T a fi Q on of klAnD.1 shall be placed throughout the mobile home park where necessary. Cut-de-sacs shall have deadend street signs erected at the entrance to such streets. 3. All streets shall be identified by names approved by the Orange County Planning Department. Street signs shall be constructed to Orange County standards and must be installed outside the right-of-way at all intersections. The approved streets and names shall be used to assign mobile home space identification numbers. 4. Each applicant must submit to the Planning Department a mobile home ;pace numbering/location system for the park based on the equal interval house numbering system employed by Orange County. Upon approval of the mobile home park, the applicant must submit an approved copy of the space numbering/location system to the emergency services/fire protection 113 agency responsible for providing such services. 96K 5. Each mobile home space shall have a permanent site number sign. The number shall composed of reflective materials or contrasting colorsr shall be at least six (6) inches or greater in -height, and shall be affixed to the mobile home at a point six (6) feet or more above ground level. The number shall be affixed to the mobile home when the unit is placed on the space and shall match that number assigned to the space on the approved space numbering/location system plan. G. Ground., pjld Builds!nU 1. The grounds of a mobile home park shall be maintained free of litter, debris and trash, including but not - limited to abandoned appliances, automobiles, building materials or similar materials. 2. Grounds► buildings and storage areas within the mobile home park shall be maintained to prevent the growth of ragweed, poison ivy, Poison oak and other noxious weeds. 3. Each mobile home park shall be provided with a clustered mail delivery system which is in compliance with the appropriate postal service guidelines. Consultation must be made with the appropriate agency for provision of this system. Access to the mail delivery facility must be so designed to allow three to four cars to stop at the mail delivery facility without conflict from passing vehicles. 4. All garbage and refuse for individual mobile homes in each park shall be stored in suitable waterproof and rodentproof receptacles which shall be kept covered with tightly fitting - lids. A central collection system must be provided within the park either through a private collection system for individual mobile homes or through the use of bulk containers (dumpsters) . Where the latter are used, there must be at least one (1) four (4) cubic yard bulk container for each sixteen (16) mobile homes which shall be emptied weekly. For mobile home parks with less than sixteen (16) homes, one (1) container is required. Bulk containers shall be front-loading wherever practicable. A side-loading container may be ' allowed where the provision of a front-loading container is not feasible and the property is accessible to a regular route of a side-loading refuse collection vehicle. Where bulk containers are provided, a six (6) inch reinforced concrete pad shall be provided to set the set container and also support the front 96L wheels of the truck during the loading operation. � •��, The pad shall be ten (10) feet in width and twenty (20) feet in length with at least ten (10) feet of the pad accessible for the truck to drive onto in front of the dumpster container for front-loading pickup. If side-loading containers are used► the pad may be twelve (12) feet in width and eight (8) feet deep with no projection for the truck wheels. 5. Each applicant shall submit to the Orange County Planning Department tenancy rules and regulations governing the operation of the mobile home park. ,. Erosion And Stormwater Sony trol Reguirements In order to control erosion► all disturbed land areas shall be protected by a vegetative ground cover as defined in the Orange County Erosion And Sedimentation Control Ordinance. The mobile home park must be designed and graded in such a manner as to provide for the adequate runoff of stormwater. Storm drains must be provided with sufficient inlets located at points of surface water accumulation to adequately intersect surface flow. All other requirements of the , AU Erosion AI& sedimentation Control ordinance shall also be applicable. Protected water supply watershed standards may also be applicable. i'.. Recreation Areas. rand racilities Adequate and suitable recreation areas shall be provided to meet the anticipated needs of the residents of the mobile home park. The characterr shape and location of recreational space shall be suitable for active recreational purposes, taking into account topographyr convenient access by residents, drainage, size and proposed improvements. Recreation areas and facilities shall be provided in accordance with the provisions of Articles 5 and 6.12 of this Ordinance► and Section IV-B-7-b of the Orange County Subdivision Regulations. J . LandscapinoAnd Screening In order to eliminate visual distractions to passing motorists, reduce levels of noise, dust and glare, preserve the character of existing neighborhoods, mobile home parks shall be screened on all sides of the mobile home park from adjacent highways and from existing, adjoininge conventional residential developments or existing mobile home parks. Consideration shall be given to topography, vegetationr site design and land uses in the evaluation of the extent of required screening. 115 Mobile home spaces 1r,L-t be located at least one hundred (100) feet from any exterior property line 96m which is not a street right right-of-way, regardless 13 of the zoning district. The disturbance of land within the one hundred (100) foot buffer is prohibited. Existing vegetation within the one hundred (100) foot buffer must be retained. Additional plantings may be required upon site inspection to satisfy Class "A" screening requirements along the perimeter of the site. (See Article 12 of this Ordinance. ) If there is no existing vegetation, planting will be required within the one hundred (100) foot buffer to satisfy Class "A" screening requirements. In addition to the requirements above► mobile home spaces must be set back from a public street right-of-way a distance which is consistent with the front yard setback requirement of the zoning district in which the mobile park is located. The disturbance of land and existing vegetation within the setback area is prohibited. Likewise► plantings may be required where no vegetation exists or is of such a sparse nature that an on-site inspection indicates the need for additional plantings. Where requiredt plantings must meet the standards for a Class "A" screen. If bulk refuse containers (dumpsters) are provided in the nobile home park, such containers must be screened through the installation of a six (6) foot high stockade fence so as to provide a continuous screening barrier. In lieu of a stockade fencer a six (6) foot high evergreen hedge or shrub may be provided to provide the required screen. A hedge of at least three (3) feet in height may be installed initially. provided it will reach six (6) feet within a two-year period. (See Article 12 of this Ordinance for plantings requirements. ) K• Utilities In every mobile home park, all utility installations shall comply with applicable building and health codes of Orange County and the State of north Carolinar and the requirements of the North Carolina utilities Commission. 1. An adequate, safe and potable water supply shall be provided for the mobile home park. The source of the water supply shall either be through a municipal or public water system with the mobile home park connecting to the water system, or when such system is not available, the mobile home park must be serviced by a supply approved by the North Carolina Department of Human Resources or the Orange County Health Department as required by law. 116 96N 2. An adequate and safe 'sewage disposal system shall be provided in the mobile home park. L,31 Collection systems, sewage treatment facilities or individual septic tank systems shall be approved by the North Carolina Division of Environmental Management or the Orange County Health Department as required by law. 3. Street lighting shall be provided throughout the mobile home park with street lights located at each street intersection. Where the distance between street intersections exceeds five hundred (500) feetr additional street lights may be required. 4. All utility systems shall be located underground► and easements necessary for water, sewer, gas, electrical, cable TV, stormwater and other utility systems shall be shown on the . mobile home park plans. 117 96o SUMMARY OF CHANGES TO NATIONAL FJOCO INSURANCE PROGRAM: FLOOD°LAIN N;ANAtG'EMIENTnC:�ITERTA t�RI.t^.[H BECUriE EPFiCTTV:. C)N1 OC`T+OI3EFi 1 � 1 �liE► For §60.3 (c) , (d ) , and (e ) communities: f (c) i .e . , FIA Adm1_nlstra4.or has provleed a notice• of fllnal flood eleva-�,ions for one o,, more special floorl 3iazzrd areas ors the community 's FIRM and, if appropriate, has devign --:Lec3 other special flood hazard areas wit'iollt f"006 e e`."at ons on tYie community 's F'IFi1 , but has not "'3dent.i�..;r_cd a rE`�,'u-t atory f l oGCjlCc�i Or roast%:i hmgh ha% ._rd area] ; _,.. C (d) i .e. , FTA Adm;ni strator has prC�"Idev a r,o .ice of final base flood elevations wit'­tJln Zones ;-_nd/or I•E on the comL1nunrty 's F-T_IMI , if a3 )p!-0,j iiv c, hc � r ,� and cic:s F.,r-,,e� .+ zones , AH zones, A9' zones , aric A %ones can t:,e €:ommi.ni.yts F,TRYY, and has , pro yr=red da-L from 14?;: i:ii `.`fie C^omr..i aril ty nesi gnate its regulatory f�00011 its' FIA Administrator h -n prov'.t'°cZ a not"Lce of final base flood e°lew<,tions within Zones J.!. _: 0 �Lnd/ate 1.E or, t -,e commun-'t- ' s I'IRr and, if a��propriate, '.:acs ue yF;natc_dj :s.?' s-ones, AO zones , A 99 zones , and :, :odes on t` e7 and has idenl't.�'ied on the c.c,%st a1 hazard eas by designating, Zones T tUfSCtUreC? Home F{E'ViSiOI'.s . The final wt:le L't� c1e :{ -ni r'C n t ,� - i•� r:: t"j�t '7��T �^ev�.s�ons ;;o ;. .-. c_ _te.�.�r,. �, �� i�pt. (prev-, ously mob=le home-, ) . 1 ;t'O'.2I'' Cc►niniurLt tz �E-2'T3 1 - };E placemen , o.'' I manu`'actured homes" in sr�ecic.l ! 1r,:�:I ► .z.ard areas , make the following changec ` _ (a) De`'i^;tion Or /'manufaCtUT'C:C; 170Trie_" You Sh+:rr:I 'r£'3: Zane• �. defin'z:1on o" "T^obile homt:" �.n your c rclinarAc:e e de_` fn ti on Of 11manufactured IC)Trli-' IT-- �jQ.i Of' taw- s ;T"tAl ;.�4 t rule. Note that the defy .. �c,n o� :��.�,..fac�..u:�E-�: ?�._•r:� roc odes nark tra_le: _. , i; . c. si.m''.lar ve icles placed on a .e fc•n ^^ca-::.vr y"a, rv� consecutive da;•s . YOU' do T-ac>:: '.ZL tter Provision in your de`.'inJ.tion is you c_ar, deL:.r.strate that there is a rtii`E or Zo^cil law or reE.Lr.1ation blh c,• -j would preclude permanent pyace;;tentyy of thens e ve:,icic::. on a site o». a 1'+'', Y p, ^ e rO ,:. .:1G.n 160 �1G�T: a i,r a.l_:,v r L a L e n l+ l+ e s U t+t . (b) Definition of '"manuf Ca.cturea norie ray-k or fiubd"I l_sforn.`. ' ou should delete de"in: tor.:: o`' 11ome park or mob'l-le home subcIlIvAsion"" ic. _n O'X'1s`,- ing mobile }tome park or mc).Dll e hollit? home park or mobile home nnc 1'ncw home Dark or mobile home subcliv; -,1On. " Yoii -hou''d add the de."Inition or I'manufaCtUre hone park or stubd:!v1s_OZ1 -n. the final rule to your ordinance. 96P . (c) Requirements on placement of' manufactured homes. RFIp criteria no longer allow you to grandfather existing "mobile home parks . To make this change, replace your current ordinance provisions on placement of mobile homes in mobile home parks or subdivision and can individually owned lots with the following or its equivalent: All manufactured homes to' be placed or substantially improved within Zones A'-30, AH, and AE . shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is at or above the base flood elevation and be securely anchored to an adequately anchored foundation system -in accordance with the provisions of (cite the manufactured horse anchoring provisions of your ordinance) . (d) Removal of prohibition on the placement -of manufactured homes in floodways. If floodways have been des=,g hated in your community, there will be a provision in your ordin- ance that prohibits the placement of manufactured homes in those floodways . You may delete this prov4'sion at your option. Manufactured homes to be placed in floodways would have to meet the same standards as conventional housing and other development (e.g . their placement would be prohibited unless it could be demonstrated that there- would be no increase in base flood eleva ions in the community) . NIR (e) Removal of the prohibition on the placement of manufactured homes in coastal high hazard areas (zones V, VE, and VI-30) . If V-zones have been designated in your community, there will be a provision in your ordinance which prohibits the placement of manufactured homes in those V-zones. You may delete this provision from your ordinance at your option. Manufactured IYomes to be laced in V-zones would have to meet the same standards as 'conven- tional housing (e.g. meet the provisions at S60.3(e) (3), (4) , (5) and (6) of NFIP criteria) . 14 U 96Q 3. 2. Mechanical and Utility Equipment. You must have a provision in your ordinance that specifically requir+ss mechanical and utility equipment to be elevated above the base flood elevation or designed so as to prevent water from ent-er .ng or accumulat- ing within the equipment components . [see -It 6.1.3(a) (iv)I - You may meet this requirement by demonstrating that your current ordinance already contains such a provision or by incorporating the following or its equivalent into your ordinance_ Electrical, heating, 'ventilation, plumbing, and air-conditioning equipment and other service facilities shall be desi rued -and/or located so as to prevent water_ fr-o:n entering or accumulating within the er-gupornents during - conditions of flooding. 3 . Definition of Start of Construction. The final rule modifies the definition of "start of construction" to eliminate incon- sistencies in treatment between pile and- calumn structures and other types of foundations and to incorporate the 'manufactured home" revisions . You must replace your definition, 'start of construction," with the definition in the. final rule. 4 . Use of 0 enin s in Enclosures Below a Structure' s Lowest Floor. The final rule adds a provision which requires that fully enclosed 'areas below the base flood elevation be designed to allow for the automatic entry and exit of. floodwaters to equalize hydrostatic flood forces [see ftEO-3(c) (5)1 • You can comply with this requirement by prohibiting the enclosure Of areas below the base flood elevation or by incorporating the following provision or its equivalent i.nt<> your ordinance: For all new construction and sub!Htantial improve- ments, fully enclosed areas below the 7.owest floor that are subject to flooding shall be design:ed to automatically equalize hydrostatic flood forces on exterior walls by allowirsg fc4r the entry and exit of floodwaters. Designs for- meeting this requirement must either be certified by a registered professional engineer. or architect or must meet or exceed the followirsg minimum crit.er=a: A minimum of two openings having a total net area of not less than one square inch fcxr every square foot of enclosed area subject do flooding shall be pro- vided. The bottom of all openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters . 96R 4 . 5. Use of Available Flood Data. The final rule revises the requirement at §60 .3(b) (4 ) that communities obtain, review, and reasonably utilize base flood data available from any source to regulate construction in Zone A. If your community has flood hazard areas which are designated as 2one'A or could annex such areas, you must revise your ordinance to include the fo?1.0wing or its equivalent: The (local administrator) shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a Federal, State, or other source, as criteria for requiring that new .construction, substantial improvements; or other development in 2 one. A _ (reference provisions of your ordinance which meet 960 .3(c) (2) , (3) , (5) and (6) and (d ) (3)j . Note that available base flood data include data submitted with subdivision proposals and other proposed developmen't-s greater than 50 lots or 5 acres, whichever is less , including manufactured home parks and subdivisions (see §60.3(b) (3) 1 . 6. Elevation Certification. Current NFIP criteria require that communities obtain and maintain on file the elevation of the lowest floor (including basement) of new and substantially improved structures in all special flood hazard areas. The final rule removes this requirement in Zone A except in those instances where base flood elevation data from other sources are utilized (e.g. , as provided for in §60. 3(b) (41 of NFIP criter- ia] . You may modify your ordinance accordingly.. Please be aware that substantially lower flood insurance rates are available for individuals that construct to these other available base flood elevations and submit elevation certificates as part of their flood insurance applications . You must continue to obtain lowest floor elevations in all special flood hazard areas other than Zone A. 7. Functionally Dependent Uses - The final rule adds a special provision regarding the issuance of variances for functionally dependent uses. You are not required to make this change and should do so only if your community has navigable waterways and has encountered difficulties in applying NF31", criteria to these uses. To make this change, add the definition of 'func- tionally dependent use" in the final . rule to the definitions sections of your ordinance. Also add the variance provision at §60. 6(a) (7 ) of the final -rule to the variance vz-ov is ions in your ordinance. PROPOSED ORDINANCE AMENDMENT INANCE: Subdivision Regulations 96s .-RENCE: IV-B-8-c Landscaping Standards IV-B-8-c-1 Required Landscaping IV-B-8-e Recommended Standards for Installation and Maintenance �IN F AMENDMENT: _X_Staff_X-.Planning Board_X_BOCC_Public Other: �F PRIORITY RECOTiliENDATION:_x High_Middle_Low Comment: CTED PUBLIC HEARING DATE: February 23t 1987 "OSE OF AMENDMENT: To revise Section IV-B-8-c-1 of the Subdivision Regulations and related sections to address concerns regarding the number, location and cost of plants to be installed in new subdivisions. -CTS/ISSUES: On December It 1986, the Board of Commissioners, acting upon a recommendation of the Planning Board, placed a moratorium on enforcement of Section IV-B-8-c-1 of the Subdivision Regulations, pending further study of the standards. Concerns had been expressed by land owners and developers about the high cost of complying with the regulations, particularly as related to side and rear yard setback areas. Clarification of application of the standards was also desired as related to the location of plant materials within setback areas. TING ORDINANCE PROVISIONS: The existing provisions of Section IV-B-8-c are as follows: IV-B-8-c LAn� dscapj to arils "Where a subdivision is proposed either on land which has been previously cleared, -or trees have been approved for removal under one or more of the exceptions listed in Article IV-B-8-b-2 above, new trees shall be planted in accordance with the provisions of this Article. " The existing provisions of Section IV-B-8-c-1 are as follows: TV-B-8-c-1 Fieo lred Landsca,�*i' "As a requirement of subdivision approval, the subdivider shall plant sufficient trees so that there is at least one (1) tree for every thirty-five (35) feet of frontage along both 123 96T sides of all proposed streets in the ,, � subdivision. In addition, there shall be at _L%5`i least one (1) tree for every one thousand (1,000) square feet of land area designed for required recreation or open space area, and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance. Approved open play fields► building sites and other similar recreational facilities are exempted from landscaping -requirements. Trees to be planted in required recreation and/or side and rear yard areas shall be spaced thirty-five (35) feet on center. Trees to be planted in required buffers areas shall be installed in accordance with the provisions of Article IV-B-8-c-1 of this Ordinance. " Existing provisions of Section IV-B-8-e are as follows: "At installation► trees should not be less than ten (10) feet in height, and shrubs should not be less than twenty-four (24) inches in height. In any event, plant material required for the purpose of this Article should be of such initial size to reach the required height within two (2) growing seasons after installation. Installation and construction practices should be utilized which preserve and replace existing topsoil. " PROPOSED AMENDMENTS: Revised wording for Section IV-B-8-c is as follows: IV-B-8-c-1 L a n d SDApj= Standards "Where a subdivision is proposed either on unforested land or trees have been approved for removal under one of the exceptions listed in Section IV-B-8-b-2 above► new trees. shall be planted in accordance with the provisions of this Section. " Revised wording for Section IV-B-8-c-1 is as follows: IV-B-8-c-1 EDZILUad Landscaping "As a requirement of subdivision approval, the subdivider shall plant trees along the frontage of -both sides of all existing and proposed streets in the subdivision. In calculating the number of trees required per lot frontage► tree types have been assigned a value in linear feet based on the average mature canopy spread. The values are forty (40) feet for large. deciduous trees and twenty-five (25) feet for small trees. Each lotr including approved recreation/open 124 space areas, must have at least one (1) large i tree per street frontage (value of 40 feet) . 96u The number of trees to be planted on the i 5z; remaining frontage (total frontage less value for one large tree) is determined by dividing the remaining frontage by the value(s) assigned to tree types selected for planting by the subdivider. For example, the number of trees required on a lot having a frontage of 130 feet would be calculated as follows: TOTAL LOT FRONTAGE 130 feet LESS! VALUE/REOUTRED LAR , =<_ gQ J&et EQUALS: REMAINING LOT FRONTAGE 90 feet Q&H.nn 11: UL SMALL TRPrq 90 feet divided by 25 feet (value for small tree) - 3.6 or 4 trees. Required number of trees = 4 small trees + 1 required large tree. Mini 12: ZU T,. R , . TBFS 90 feet divided by 40 feet (value for large tree) = 2.3 or 2 trees. Required number of trees = 3 large trees (1 required + 2 optional) . 1. - Optinn 11: COME TNATTON/LARGE' AM SM- jj, mgrrF-�; 90 feet - 40 feet (1 large tree) _ 55 feet. 55 Feet divided by 25 feet = 2.2 or 2 small trees. Required number of trees = 2 large trees (1 required + 1 optional) + 2 small trees. Upon installation, trees shall be spaced at least fifteen (15) feet apart,- but preferably no greater than the spread of the canopy normally achieved by the tree species upon maturity. Street trees shall be planted within the required front yard setback area. Selection and location of trees shall consider existing and future site conditions including, but not limited to, overhead and/or underground utility lines, vehicular access drives, the location and extent of existing vegetation, and , soil suitability. Selection of tree types shall be made from the list of acceptable plant mate r(i is 96V provided in Appendix C. In addition to street treest there shall be at least one (1) tree for _ every one thousand U F 000) square feet of land area located in required recreation or open space arear and side and rear yard setback areas as required by this Ordinance or the Orange County Zoning Ordinance. (See sketch below. ) Approved play fieldst building sites and other similar recreational facilities * are exempted from landscaping requirements. In unzoned townships, a forty (40) foot front yard setback shall be provided adjacent to the street right-of-way for the installation of new trees. A twenty (20) foot setback shall be provided along side and rear property lines for the same purpose. STREET RI6RT—OF-WAY FRONT YARD 40' SIDE SIDE YARDo oP YARD 90' ISO' 1000' 01 REAR\\YARD 2�' e ! 1 zoo +4--- 604 20, 100' SIDE YARD AREA - 20' t 90' - 1800 SQ.FT. x 2 SIDE YARDS 7600 SQ.FT REAR YARD AREA - 20' s 100' - 2000 SQ.FT. TOTAL-SIDE/NEAR YARDS - 3600 SQ.FT. DIVIDED RT:1 TREE/1000 SQ.FT. - 5.6 OR 6 TREES Trees to be planted within recreation and open space areasr and side and rear yard setback areas shall be installed to reflect the natural growth patterns of materials selected. Tree species shall be spaced in a manner which 126 permits full spread of the canopy upon maturity and shall be selected from the list of 96w - acceptable plant materials in Appendix C. rf_ J. :? When buffers: as. required by Section IV-B-8-d, or . approved utility and drainage easements overlap or cross setback or recreation and open space areas, those areas shall be exempted from computing the number of required plant material to be installed. Existing vegetation may be used to meet the requirements of this Section, provided, however• use of such vegetation will be determined by site inspection by Planning Department personnel. " The proposed amendment to Section IV-B-8-e is as follows: "At installation# trees should not be less than six (6) to eight (8) feet feet in height with a caliper of three-fourth (3/4) to one and one-fourth (1-1/4) inches. Shrubs should not be less than eighteen (18) inches in height after installation. Installation and construction practices should be utilized which preserve and replace existing topsoil. " The above change in tree/shrub size is recommended to reduce the cost for landscaping. Standards for the number of trees to be planted in side and rear yard setbacks and recreation areas have not been reduced to achieve this goal. Flexibility in the location of and number of trees is also permitted. Furthermore, provisions requiring that landscaping reach a certain height within two (2) growing seasons have been removed, since growing rates from plant species to species vary so much. The focus of the provisions- should be to encourage healthy plants at installation and proper maintenance. ORDINANCE REVIEW COMMITTEE: January 20, 1987 PLANNING BOARD REVIEW: BOCC REVIEW: 12'i 96X a. Section IV-B-8 Landscaping and Buffer Reauireiaents Presentation by Marvin Collins. On December 6, 1986, the Board of Commissioners suspended enforcement of Section IV-B-8-c-1 of the Subdivision -- -- Regulations, pending further study of standards requiring - - - installation of plant materials in building setback areas and on parcels designated for recreation/open space use. Concern had been expressed by land owners and developers about the high - cost of complying with the standards. Clarification of application was also required. The Planning Board Ordinance Review Committee has been working with a developer, forester and landscape arch- itect in reviewing the design standards. The proposed revisions represent changes to Section IV-B-8 as appli- cable to new subdivisions. Approval of the amendment would allow more flexibility in installation of required plant materials. Street frontages are required to have a canopy comprised of a+- __.. least one (1) large tree per lot, with addition landscaping comprised of large and/or small trees. Side/rear yards as well as recreation/open space areas are still required to have one (1) tree per 1, 000 sq. ft. area, but trees may be grouped and large and small trees may be installed. Coupled with reductions in required plant sizes, the new standards result in lower instal- lation costs. Emphasis is given to installation of healthy plants and proper maintenance rather than plants reaching designated heights within specified time periods. Furthermore, areas in which buffers are required or ut ility/drainage easements provided are excluded from compliance. Motion was made by Commissioner Carey, seconded by Commissioner Halkiotis to refer to the Planning Board items 3a, 3b, 4 and 5 for a recommendation to be received at the regular Board meeting on April 6, 1987. Unanimous. 6.. FLOOD DAMAGE P XVEIIT'SON 0RDINANCE Al,=MENTS {-Complete narrative is an attachment to these minutes) On August 25, 1986, the Federal Emergency Management Agency w MM) . published final rules revising National Flood Insurance Program (NFSP) criteria. - The criteria became effective October 1, 1986 and require, as a continued validity, that communities revise their floodplain management regulations to make them consistent with NFIP criteria within six months of the effectivel. date. - Crange County's Flood Damage Prevention Ordinance must be revised to bring it into compliance no later than April 1, 1987.