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HomeMy WebLinkAboutAgenda - 06-16-2011 - 1ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: June 16, 2011 Action Agenda Item No. 1 SUBJECT: Review of Proposed Draft Orange County Addressing and- Road Naming Ordinance DEPARTMENT: Information Technologies (IT) PUBLIC HEARING: (Y/N) No ATTACHMENT(S): Draft Copy of Proposed Orange County Addressing and Road Naming Ordinance INFORMATION CONTACT: Steve Averett, 245-2501 PURPOSE: To review the proposed draft Orange County Addressing and Road Naming Ordinance and provide feedback and direction to staff for refinement. BACKGROUND: In November 2010, Orange County staff was directed by the BOCC to continue development of an addressing ordinance. Geographic Information Systems (GIS) staff and County legal staff have since worked together to create a draft ordinance that wiN allow Orange- County to formalize its addressing rules and procedures to ensure the most efficient delivery of emergency services. On April 27, 2011, County staff met with staff from the towns of Chapel Hill, Carrboro, and Hillsborough, as well as UNC, to present the draft ordinance and propose a partnership that would allow all of Orange County's addressing jurisdictions to adopt and enforce a single, unified ordinance. The City of Mebane declined participation. Initial feedback from staff at the participating municipalities and UNC was positive. The staff members did, however, have concerns regarding the enforcement of a newly adopted- ordinance and the resources required to do so. Orange County staff from IT, Planning, Emergency Services, Tax, and the Attorney's office met on May 2, 2011 to discuss the specifics of the proposed ordinance and begin the development of an enforcement model. This process will continue following BOCC feedback and further direction regarding the specific rules to be enforced. On May 4, 2011, County staff met with the Orange County Council of Fire Chiefs to receive input on the draft ordinance which had been previously provided to them. The Council provided valuable feedback that has since been evaluated and partially included in a revised draft. At the meeting on May 4, all the attending fire chiefs were generally supportive- of the need for an addressing ordinance. FINANCIAL IMPACT: There is no financial impact associated with reviewing and providing feedback on the draft Addressing and Road Naming Ordinance. RECOMMENDATION(S): The Manager recommends that the Board review the proposed draft Orange County Addressing and Road Naming Ordinance and provide feedback and direction to staff. oRD-dolt-oao 3 AN ORDINANCE TO ASSIGN AND REGULATE ROAD NAMES, HOUSE AND BUILDING NUMBERS IN ORANGE COUNTY ARTICLE I. IN GENERAL A. Title. The name of this ordinance is "An Ordinance to Assign and Regulate Road Names, House and Building Numbers in Orange County" and may be cited as the "Road Naming and Addressing Ordinance" (hereinafter referred to as the "Ordinance"). B. Authority. This Ordinance is hereby adopted under the authority and provisions of General Statutes of North Carolina Chapter 153A-23R and 1>3~~-239.1(a) and 147-54.7, and the police powers of the county to protect the hrilth_ safety and welfare of its citizens. C. Jurisdictional Coverage. All public and private roads in the unincorporated portions of the county are included within the jurisdiction of this ordinance, unless the muunicipalities within the County elect to be covered by the Ordinance. Every addressable structure within the County's planning jurisdiction shall be included within the jurisdiction of this ordinance. The municipalities w`itl~in the County may maintain any current or future road names in unincorporated areas included within their extraterritorial jurisdiction as they are approved and filed into public reccirds. D. Purpose and Intent. The purpose and intent of this ~~rticle is to hereby establish a uniform system of addressing and numbering ali lwuses and buildings within the jurisdiction of the county, and to establish a process for changing existing addresses, streets and road names so that street, road, and highway names are not duplicated in the county. The ordinance provides a method to correct inaccurate addresses, ensure that road name identification signs are placed at all road intersections, establish a procedure for revie«-in~~ road names and provide an enforcement mechanism to ensure compliance with the uniform systet--~ of addressing and numbering.. This ordinance is necessary to facilitate the provision of adequate public safety and emergency services and to minimize the difficulty in locating properties and buildings for postal delivery, public service agencies, and the general. public. E. Delegatiun of Auth~~rit . The Orange County Board of County Commissioners hereby delegates tht overall. authority and responsibility for the addressing and naming of public and private roads. as directed by the provisions of this Ordinance, to the County Manager or his/her designee as the Address Administrator. This includes any authorized staff representative acting on behalf of the County Manager or his/her designee. F. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Draft Road Naming and Addressing Ordinance June 6, 2011 4 1. Address Administrator or Administrator. The official designated by the County Manager to administer this Article, including his/her authorized representatives. 2. Addressable Structure. Any structure requiring the installation of a dedicated, permanent electrical meter or that serves as a utility route management location. This includes but is not limited to out-buildings, wells, phone junction boxes, cable junction boxes, and electrical substations. Apartment Building. A single building comprised of three or more dwelling units used as rental property. ~~a. 4. Building. A structure having a roof supported 1»r columns or walls for the shelter of persons or property, for residential, business, institutional, agricultural, or industrial use. When separated by division v~ ails from the ground up without openings, each such enclosure shall be deemed a separate building. This includes designed structures that are used as a dwelling, with or without a permanent foundation, when connected to the required utilities, and include: the plumbing, heating, air conditioning, and electrical systems contained therein. 5. Condominium. A buildin<~ in which each individual unit is held in separate private ownership and all floor space, i~icilities and outdoor areas used in common by all tenants are owned, administered and zrzaintained by a corporation created pursuant to the provisions of the appropriate statute. 6. Developer. Any person undertaking any deg elupments as defined in the Orange County Subdivision Ordinance. 7. Driveway. A private way or road bt gi razing at the property line of a lot abutting a public road, private road, easement or private right-of--way that will give access from pulllic road, recorded easement, recorded private road or private right-of- way, and saves not more than two structures. S. Duplex Residence. A building that is divided into two dwelling units each of ~~~hich has an ind~;pendent entrance either directly or through a common vestibule. 9. Habitable Structure. Any structure suitable for human habitation including, but not limited to, residential homes and commercial/industrial/institutional structures that co»sslently serve employees, customers, or students. 10. Master Street Address Guide (MSAG). Consists of the road name, addresses and emergency providers for that range. 11. Mobile Home /Manufactured Home. A detached residential dwelling unit designed, after fabrication, for transportation on streets or highways on its own wheels or on flatbed or other trailers, and arriving on the site where it is to be occupied as a dwelling, complete and ready for occupancy except for minor and Draft Road Naming and Addressing Ordinance June 6, 2011 5 incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations. 12. Multiple Dwelling Unit. A building used or capable of being used for residential purposed wherein more than two separate and distinct places of habitation exist. 13. Office Building. A single building comprised of three or more office units used as individual businesses. 14. Public Road. Any road, street, highway, thoroughfare, or other way of passage that has .been irrevocable dedicated to the public or in which the public has acquired rights by prescription, without regard to whether it is open for travel. 15. Private Road. Any one-way or two-way road for ingress and/or egress not for use by the public that serves three or more stn,ctures. 16. Single Family Residence. A dwelling meant for occupancy by a single family. 17. Strip Commercial Building. A single building ~~ ith multiple accesses that is leased by square footage and allows interior businesses to vary in size. 18. Road Address. The combination of numbers and read names assigned by Orange County that identifies a particular building or lot. 19. Subdivision 1Zoad..~ny dedicated and accepted public right-of--way for vehicular traffic, ur ~L private' road, either of which were established pursuant to the Orange Coupt~r Subdivision Ordinance. 20. Townhouse.~:A"{~uil~~ing thatis comprised of more than one unit. Each unit being a narrow, two store ~~ith its own entrance. A townhouse may be part of an apartment building or a condominium. ARTICLE II ADDRESS ADMINIST1tATOR RESPONSIBILITIES A. Responsibilities. The Address Administrator shall be responsible for the interpretation and administration of this ordinance, including, but not limited to: 1. Maintaining a system and assigning all numbers for addressable structures; 2. Approval of change of existing addresses when necessary to facilitate sequential house number assignments along existing roads; 3. Insuring that all roads which require naming have road identifications signs, that all signs are uniform in construction, that all signs are placed at proper locations and properly installed, and that all signs that are either destroyed or lost are replaced in a timely manner; Draft Road Naming and Addressing Ordinance June 6, 2011 6 4. Establishment of interdepartmental infrastructure to insure continued operation of addressing system to meet the spirit and the intent of this ordinance; 5. Notification to appropriate citizens, governments, agencies, and post offices as required by law; and B. Clerical or Administrative Errors. The Address Administrator is authorized to correct such clerical or administrative errors that may from time to tune occur in keeping with the overall plan and the intent of this ordinance and to appro~-elternate methods of displaying house numbers which meet the intent of this c,rdinance when strict adherence to these standards cannot be reasonable met. ARTICLE IV ROAD NAMING Roads located within the unincorporated areas of Orange County, whether public and private, shall not be named or renamed by any method except those set forth in this Article. :'111 existing, proposed, or constructed public or private roads or driveways that provides, or will provide, access to two (2) or more habitable structures that are more than seventy-five feet from the main road shall have a street name assigned. A. Road Names 1. New Road Names. a. No new public or private road shall be named without approval of the Address Administrator. b. The name of any new road, whether it is public or private, shall not duplicate or be phonetically similar to any other road already named ~~-thin Orange County. This subsection shall not apply to the extension of existing roads, which should whenever possible be given the same name. c. New subdivision roads, whether public or private, shall be named prior to the zppi•oval of any proposed subdivision or plat. 2. Renanliu~ lZoads. a. Renaming by Address Administrator. Road names may be changed by the Address Administrator when the road name is a duplicate of another road name within a designated postal area or within Orange County and interferes with the accurate dispatch of emergency service or postal delivery. In addition, a road name may be changed when one road has two commonly used names or where portions of what appears to be the same road has two or more names. Draft Road Naming and Addressing Ordinance June 6, 2011 7 b. Renaming Request by Property Owners. Property owners who want to have the name of a public or private road changed for personal reasons must comply with the following: i. A petition should include the existing road name, the proposed road name and the reason why the person(s) are requesting the name change, the signatures of 75% of those persons owning property adjacent to the road and 75% of road frontage. ii. Name changes requests shall conform to article IV, Section B. iii. The name change request shall onl}~ be approved after a public hearing is held on the matter as provided in Article IV and the Board of County Commissioners have approved the petition for a road name change. The Petitioners shall be ~~equired to pay to Orange County the cost of purchasing new sins artd erecting them prior to the name change becoming effective. 3. Multifamily Dwelling, Apartment Complexes, Townhouses; and Condominium Development Road Nantes. A road with one name shall serve all multifamily dwelling complexes, including apartment complexes, townhouses and condominium developments, and other similar uses unless the administrator finds that, in the interest of the public sul'ct~°, the naming of more than one street in or near the development is warranted. 4. Reserving a Road Name for a New Development. Road names for new developments may be reserved upon written request to the Address Administrator for up to one year. If the requirements to finalize the road name are not satisfied within one year from the date of approval, upon written request an extension of one year may be granted. If such extension is not received, the road name may no longer be reserved. 5. Limitation. In naming or renaming a public road, the county may not change the name of any road name designation provided by the North Carolina Board of Transportation or the Orange County Board of County Commissioners unless the respective body agrees to such change. Numbers assigned to a road by the North Carolina Board of Transportation shall not be changed; however, the Board of County Commissioners may name the road in addition to the number given to it by the North Carolina Board of Transportation. B. Content of Road Names 1. Road names must use common spelling found in a standard dictionary. 2. North, South, East and West are intended to be directional features of the address system and will be used only when necessary, such as for distinguishing regions Draft Road Naming and Addressing Ordinance June 6, 2011 8 of a continuous road traversing several municipalities. A directional word should not be contained within the name of a new road and shall be placed ahead of the road name. A street or road may have no more than one directional prefix. 3. Only letters of the alphabet and blank spaces should be included in a road name. Road names that are numbers (i.e. First Street) must be expressed using alphabetical characters and not numbers. Road names should not contain the following: a. Symbols or punctuation; b. Abbreviations of the main title of the street or road name; c. Initials; d. A single alphabetical character; e. Words that begin with "old" or "news;" f. Offensive words or language in accordarire ~~ ith G.S. 147-54.7; or g. More than 201etters including spaces. 4. All road names shall contain a road name suffix designation. Suffix designations of roads include, bt~t are not limited to, the following terms: avenue, boulevard, court, circle. lane,. parkway, place, road, street, trail or way. All street suffix designations nrl~ be abbreviated in compliance with National Emergency Number Ass~~ciatiun(NF,NA) Addressing Standards. C. Physical Standards for Road Name Signs 1. Signs for public or pri~late roads or drives shall conform with the physical standards set forth in the United States Department of Transportation's Manual on Uniform Traffic Control Devices (MUTCD). ARTICLE III ADDRESSING A. Use of assigned number required. No person may display or cause to be displayed on any house, building or box any number other than the number assigned by the Address Administrator. B. Removal, obliteration and destruction prohibited. No person may remove, obliterate or destroy any number displayed in accordance with this Ordinance. Draft Road Naming and Addressing Ordinance June 6, 2011 9 C. Road Address Number Assignment. The administrator shall assign house and building road address numbers in accordance with a system that adheres as closely as possible to the principles set forth in this section. However, matters of interpretation of the assignment of road address numbers shall be in the sound discretion of the address administrator. D. Methodolo~y. The methodology used to determine the assignment of house and building address numbers shall be: The County shall be divided by two axes. The north-south •a~is shall be NC 86 N (New Highway 86 from the Caswell County line to I-S~, Old NC 86 from I-85 to Calvander). The east-west axis shall be St. ~1arJ's P.oad (from the Durham County line to US 70) and a continuance of US 7(} from that intersection westward to the Alamance County line. 2. Directionality of the road of origin used to determine "right" and "left" shall be determined as one travels away from the intersection of the aforementioned axis. 3. Addresses shall be assigned at either the federal standard of 5.82 feet or twenty feet intervals along thr length of the road as determined by the Address Administrator.. The intent of this practice is to ensure there are available addresses between addressahlc structures that can be assigned at a later date. 4. The range of addresses shall hr`~in with the lo«est number in the range being closest to the road of origin with the numbers increasing as the distance from the road of origin increases. If the road to be addressed does not have an immediately discernable origin but connects twa reads, the road closest to the intersection of the aforementioned axis shall be deemed the road of origin. ~. For all ilt:ty roads, addresses shall be assigned along roads with odd numbers on the left and even numbers on the right. 6. Address ranks for new roads in a subdivision will begin with either even or odd iaitegers but nit both. If a right turn must be taken to enter the subdivision from the road of ori~i~7, all address ranges will begin with an even integer. If a left turn must he taken to enter the subdivision from the road of origin, all address ranges shall begin ~ti ith an odd integer. E. Display of Road Address Numbers. Once assigned, road address numbers must be clearly displayed so the location can be easily identified from the road. The official address number must be displayed on the front of a building or at the entrance to a building, which is most clearly visible from the street or road during both day and night. Draft Road Naming and Addressing Ordinance June 6, 2011 10 2. If a building is more than seventy-five feet from any road, the address number shall be displayed at the end of the driveway or easement nearest the road, which provides access to the building. 3. Numerals indicating the address number of asingle-family dwelling shall be at least three inches in height and shall be posted and maintained so as to be legible from the road from both directions of travel. 4. Numerals for buildings with multiple dwellinb units and nonresidential buildings shall be at least six inches in height acid: mall be placed on the front of the building facing the road or on tltt and of the building nearest the road. 5. Mobile home lots shall have address numbers assigned to each lot throughout the park. The address number of each lot must be clearly displayed on the lot so as to be legible from the road rather than mounted on the mobile home unit. 6. All numerals must be made of durable, clearly visible material and must contrast with the color to the background. 7. The Address Administrator shall have the right to authorize and approve alternate methods of displa~~in~ house numbers, which meet the intent of this article when strict adherence cif these standards cannot reasonable be rriet. F. AddresCorrections. "I'he Address ~~nnistrator is authorized to correct any errors in a numeric address or street name. 'l h~ .F,ddress Administrator shall provide written notice to the o~~~1er br certified zllail ~~-Bich shall include the reason for the error, the new numeric address and that. the Address change will be effective sixty (60) days from receipt of the notice. A resident who does not display the new address after the effective date shall be in ciolat~on of this Ordinance. IV. PUBLIC HEARING AND NOTICE REQUIRED A. Naming or Renaming Roads. Prior to naming or renaming a road, the Address Administrator shall request a public hearing date be set by the Orange County Board of County Commissioners and provide notice in accordance with G.S. 153A- 239.1(a), except an initial name for a new road that has been approved by the address administrator may be assigned without a public hearing if recorded in the Register of Deeds Office on an approved subdivision plat. B. Adoption of Ordinance. Prior to adopting an ordinance to establish a procedure to assign or reassign street numbers on the road, the Board of County Commissioners shall provide notice and hold a public hearing in accordance with G.S. 153A- 239.1(a). Draft Road Naming and Addressing Ordinance June 6, 2011 11 C. Notice. After naming or renaming a public or private road, or assigning or reassigning street numbers on a public or private road, the Address Administrator shall provide notice to be given to the local postmaster with jurisdiction over the road, to the North Carolina Board of Transportation and any city within five miles of the road. V. PENALTY A. Structures Re uiring a Certificate of Occupancy The certificate of occupancy for any structure erected, repaired or modified after the effective date of this Ordinance shall be withheld by the Orange County Building and Inspections Department until the address is posted correctly on the structure as outlined in this Ordinance. B. Existing Structures. If an existing house or building is not in compliance with this Ordinance, the County shall provide a written notice to any owner or occupant that the address is not in compliance with this Ordinance and specifying that within thirty days they must come into compliance ~~~ith the Ord i n~lce. 1. If the owner or occupant fails to com.; into c~~inpliance within thirty days, they will be in violation of the Ordinance. 2. Notice under this article is sufficient and proper if reasonable calculated to give actual or constructive notice. Means of notice deemed sufficient and proper include but are not limited to first class mail sent to the last known address of an owwner or occupant as ascertained from the County's tax listing, posting can the front door of the affected building, or hand delivery to an ~cupant of lcgalage found at the affected building. C. Other Penalties. In addition ttnd ind~ndent of any criminal penalties and sanction provided in this Ordinance, if~~ otiuner or occupant does not come into compliance with this Ordinance after proper notice and thirty days has elapsed, the County Attorney may enforce this article by any one or more of the remedies authorized by G.S. 153A-123. D. Criminal Penalties. The violation of any provision of this Ordinance shall be a misdemeanor and any person convicted of such violation shall be punishable as a Class 3 misdemeanor and subject to a fine of $500, as provided in North Carolina General Statute § 14-4 or other applicable law. Each day's violation of this Ordinance is a separate offense. Payment of a fine imposed in criminal proceedings pursuant to this subsection does not relieve a person of their liability for any other fees, fines or civil penalties imposed under this Ordinance. VI. SEVERABILITY If any provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, independent Draft Road Naming and Addressing Ordinance June 6, 2011 12 provision and such holding shall not affect the validity of any other provision hereof, and to that end, the provisions of this Ordinance are declared to be severable. VII. EFFECTIVE DATE This Ordinance shall be effective on the _ day of , 20 Draft Road Naming and Addressing Ordinance June 6, 2011