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Agenda - 06-01-1987
• 7 ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA REGULAR MEETING JUNE 1 , 1987 7 :30 P.M. SUPERIOR COURTROOM NEW COURTHOUSE HILLSBOROUGH, N.C. A. BOARD AND MANAGERS CQMMENTS B. AID I EHCE COMMENTS I . Matters on the Printed Agenda (We would appreciate you signing the pad ahead of time so that you are not overlooked . ) 2. Matters not on the Printed Agenda C. MJNUI.E� EU IC CRAKE The Board of Commissioners pledges to the citizens of Orange County its respect. The Board asks its citizens to conduct themselves in a respectful , courteous manner, both with the Board and with fellow citizens. time should any member of the Board or any citizentfail to observe this public charge, the Chair will ask the offending person to leave the meeting until that indivi- dual regains personal control . Should decorum fail to be restored, the Chair will recess the meeting until such time that a genuine commitment to this public charge is observed. PAGE # ( REFER HEARING AGENDA FOR BACKUP INFORMATION TOB THE JABSTRACTS) C 002 1 . Land Use Plan Amendments a. Little River Township Component 004 2. Planned Development Applications a. PD- I -87 Flowers Mobile Home Park (R- I to PD-H-R- I /MHP) 009 3. Zoning Atlas Amendments a. Z-2-87 Wildwood - Section IV ( R-2 to R-4) PAGE # 4. Zoning Text Amendments 012 a. Article 5 . 1 . 1 - Schedule for Residential Development 014 b. Article 2.3.5 - Board of Adjustment Adminis tration 5 . Subdivision Regulations Text Amendments 016 a. Section III-B-3 - Sketch Plan Review 017 b. Section VIII-B - Amendments D. 0 019 1 . Rape Prevention Month in Orange County E. REPORTS F. T (Any item may be removed for separate consideration) 021 1 . Budget Amendments G. D 023 1 . Sunset Ridge Section 11 - Preliminary 040 * 2. Addition of Shambley Drive to State-Maintained Road 044 System 3. Proposed Amendment to Cable Television System 045 Ordinance 4. Proposed Alert Cable Ordinance Franchising 046 Amendments - First Reading 5 . Proposed Carolina Cable Ordinance Franchising 047 Amendments - First Reading 049 6 . Bid Award; Flashboard System at Orange Lake 050 * 7 . Budget Work Session Schedule * 8. Efland Sewer Bids H. APP I NT . NTS 1 • ADIDDIBMI ( *) Indicates items that need immediate attention. ORANGE COUNTY 001 Action Agenda BOARD OF COMMISSIONERS Item No. ACTION AGENDA ITEM ABSTRACT METING DATE June 1 , 1987 Subject: MINUTES fDepartment: BOARD OF COMMISSIONERS 1 I Public Bearing: Yes X no f 1 Attachments: Information Contact: Beverly A. Blythe Under Separate Cover Phone Numbers: 732-8181, 968-401, 227-0231 PURPOSE: To correct and/or approve the minutes as submitted for consideration: . 3/24/87 - Regular Meeting BACKGROUND: In accordance with 153A-42 of the General Statutes, the governing Board has the legal duty to approve all minutes that are entered into the official journal of the Board's proceedings. • RECOMMENDATION: As the Board decides. ORANGE COUNTY 002 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1 , 1987 Actionp,,agge,9da Item from SUBJECT: DRAFT LITTLE RIVER LAND USE PLAN DEPARTMENT: PLANNING PUBLIC HEARING _ X Yes No ATTACHMENT( S) : INFORMATION CONTACT: Gene Bell Draft Plan Text Comparison sheet of 1981 Plan with Amended Plan Map of Existing Plan Citizen Survey Results ( Refer to May 26, 1987 Agenda Packet) TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a proposed amendment to the ORANGE COUNTY LAND USE PLAN, Section 3.7 - LITTLE RIVER TOWNSHIP. The proposed amendment addresses changing land use and population patterns in the Township. This item was continued from the May 26, 1987 Joint Public Hearing. BACKGROUND: The Orange County Board of Commissioners adopted the current Land Use Plan for the County in September 1981 . As part of the ongoing process of refining the Land Use Plan, it was intended that specific portions of the county would be subject to further study by the Planning Staff and Planning Board in the form of Area Studies. A number of Area Studies have been included in past Planning Department work programs. The Little River Township Plan coincides with a five year plan update schedule specified by the Commissioners in 1981 . Considerable effort has been made to inform and involve as many of the Township ' s residents as possible, as well as other interested individuals and groups, in the process of the Plan update. The process formally began with the re- activation of Township Advisory Councils (TACs) on a county- wide basis in March 1986. Since that time eleven TAC and public information meetings have been held in Little River Township dealing with the Plan update and related issues. 'or _ o Q The Planning Department has compiled and analyzed data on soils, topography, hydrology, land use, and transportation in the study area. This information, in part, provides the basis for identifying planning issues and concerns in the area. The overriding concern is growth, not just in the study area, but also in adjacent areas to the south and east. Two elements of concern addressed include expected growth pressures from the Treyburn development and water quality concerns related to the Lake Michie and Little River Reservoirs in Durham County . Major differences between the 1981 and 1987 Little River Township components of the Land Use Plan are summarized on the following sheet. RECOMMENDATION: The Planning Staff recommends approval of the amended text and map and incorporation into Section 3.7 of the Land Use Plan. Following the public hearing, the Little River Township Advisory Council (TAC) will meet to prepare a recommendation.The Planning Board will consider the TAC comments and prepare a recommendation on the Plan amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . O R A N G E C O U N T Y 004 . BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1, 1987 Action A enda Item SUBJECT: PD-1 -87 FLOWERS MOBILE HOME PARK DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Marvin Collins Application Agency Comments Certificate of Mailing Planning Staff Findings General Information Site Plan Utilities Plan ( Refer to May 26, 1987 Agenda Packet) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a proposed Planned Development - Mobile Home Park . This item was continued from the May 26, 1987 Joint Public Hearing. BACKGROUND: Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road ( SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the existing park, involving the addition of 25 mobile home spaces to 43 existing units. The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park. The property is currently zoned Residential -1 ( R-1 ) and is designated Rural Residential in the Land Use Plan. The property is also located in the Major Transportation Corridor (MTC) adjacent to 1-85 . The requested designation is PD-MHP-R-1 which requires the approval of a Special Use Permit and compliance with specific development standards for mobile home parks and planned developments in general . The application is the first to be considered which employs the new mobile home park standards adopted in March, 1987 . QU5 RECOMMENDATION: Article 8.2.2 of the Zoning Ordinance states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner, that: 1 . The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2. The use will not maintain or enhance the value of contiguous property; or 3. The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. No information has been received which would establish grounds for making one or more of the above findings. The Planning Staff has reviewed the application, the site plan and supporting documentation and found the applicant in general compliance with the standards, specific rules and required regulations . The Planning Staff has made, however, negative findings with respect to certain required standards and/or regulations . These negative findings may be addressed through conditions of approval attached to the Special Use Permit. For this reason, the Planning Staff recommends approval of the request with the following attached conditions : 1 . The grantee of this Special Use Permit shall post with Orange County, in a form acceptable to the County Attorney, a bond or letter of credit in an amount equal to the cost of all public improvements plus 10% . The amount shall be determined on the basis of fully executed construction contracts or certification by a registered engineer employed by the grantee of this Special Use Permit. Security for construction of the improvements in this project may follow phasing in the project. Specifically, as improvements are completed in each phase a corresponding amount of money may be released from the security instruments or the security instruments may be renegotiated based on the "yet to do" portion of the improvements. 2. Security shall be provided for the grading, paving and stabilization of all cleared areas, streets and other vehicular travelways; sidewalks and other pedestrian walkways; erection of street signs; utility installation and hookups; recreational facilities; landscaping and mulching around all mobile home units. 00€ 3. All necessary easements to permit utility (electricity, telephone and cable television by any cable television provider franchised by Orange County to serve this development) installation, servicing and hookups to the development and to each unit within the development shall be provided at no cost to the utility provider. 4. Roads, parking areas, walkways, street signs and lights, utilities, recreation facilities and sites, landscaping and mulching around units shall be maintained as constructed. All such improvements and facilities shall further be maintained and operated in a safe manner. 5. The grantee shall promulgate rules and regulations governing tenancy in the development which shall restrict accumulation of litter, trash and debris outside of the mobile home units, shall restrict storage of abandoned appliances, automobiles, building materials and similar materials outside of mobile homes and shall further prevent the growth of ragweed, poison ivy, poison oak or other noxious weed. The grantee shall file with the Orange County Planning Department a copy of the rules and regulations promulgated under this condition and maintain an up to-date copy of the rules and regulations in the Orange County Planning Department. 6 . All roads within the mobile home park including the section from SR 1713 through the existing park shall be hard surfaced in compliance with the standards of Article 7.20 ( PD-MHP) of the Zoning Ordinance. 7 . All roads will be named and the names not duplicate any other names within Orange County. Road name signs to Orange County standards shall be erected at all intersections. 8. Removal of snow and ice from the roads in the development and the sidewalks within the development shall be the responsibility of the grantee. Such removal shall be completed promptly. 9. There shall be at least two (2) parking spaces per mobile home unit in the development as shown on the approved final site plan. 10. Mailboxes shall be clustered and shall be provided as shown on the approved final site plan. A pull -off shall be provided and the mailboxes set back off the main entrance road. The entrance road and pull -off shall be of sufficient width to allow three or four cars to stop and get mail while others continue to pass. The mailboxes shall not be located in a place that would require cars to cross traffic, make unnatural turns or go against the flow of traffic. 11 . Prior to the initiation of construction activity, final approval by the State must be obtained for the U U community well system and the community low pressure wastewater disposal facility. 12. The recreation areas shall be constructed as provided in the approved final application and site plan. 13. All signs shall be erected in compliance with Articles 9 ( Signs) and 7 .20 (PD-MHP) of the Orange County Zoning Ordinance following issuance of a building permit and prior to the issuance of a Certificate of Occupancy for any unit. No sign may be erected within the site triangles for the entranceways to the development. 14. Grading on the site shall be kept to a minimum. Existing vegetation shall be maintained between units. 15 . All plans for drainage, soil erosion and sedimentation control shall be reviewed and approved by Orange County prior to the start of construction. In addition, Orange County shall inspect the installation of control devices and the on-going work for the total project. The project shall at all times meet the requirements of the Orange County Soil Erosion and Sedimentation Control Ordinance. 16 . The project must remain in unitary ownership and no lots can be sold to individuals. 17 . A unit numbering system and corresponding unit location based on the equal interval numbering system employed by Orange County shall be submitted to and approved by the Planning Department prior to the issuance of any building permit. This system shall be used in obtaining and issuing any building permit. Any change in the unit numbering system must be filed with the Orange County Planning Department. An approved copy shall also be filed with the emergency/fire service agency serving the park. 18. Existing topography at a contour interval of five (5 ) feet based on mean sea level datum shall be shown on the approved final site plan. 19. Typical mobile home stand details shall be provided on the approved final site plan which : a. Indicate that the surface of the mobile home stand and the area surrounding it will be graded to provide proper drainage. b. Indicate compliance with State of North Carolina Regulations for Mobile Homes and Modular Housing for installation of mobile homes. c. Indicate that steps ( including handrails) leading to decks and/or the mobile home will be installed in accordance with the N.C. State Building Code. 20. Typical mobile home elevations shall be shown on the 4 approved final site plan which : U a. Indicate the uniform type of foundation enclosure or skirting to be provided on each mobile home. b. Indicate the location and size of permanent site number signs in accordance with Article 7.20 ( PD- MHP) of the Zoning Ordinance. 21 . The approved final site plan shall show the location of all traffic control signs in the park. The signs shall be installed in accordance with the standards of the Uniform Traffic Control Manual . 22. The approved final site plan shall show the location of all street lights in compliance with Article 7 .20 (PD-MHP) of the Zoning Ordinance. 23. A final boundary survey of the Planned Development and public improvements shall be recorded by the developer. 24. The final site plan and narrative of the project incorporating all changes, deletions and additions through the final approval of the project are incorporated herein and made a part of this Planned Development Special Use Permit. A copy of the final site plan and narrative are on file with the Orange County Planning Department. Grading and building permits, upon application, will be Issued after approval and recordation of the Special Use Permit. 25 . The development shall be built and operated according to the site plan and written narrative supplied by the developer and in compliance with the above conditions. 26 . That if any of the above conditions is held invalid, this approval shall be void. ORANGE COUNTY 005 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1, 19$7 Action �gds Item # H en SUBJECT: Z-2-87 WILDWOOD SECTION IV - REZONING REQUEST DEPARTMENT: PLANNING PUBLIC HEARING X _Yes — No ATTACHMENT( S) : INFORMATION CONTACT: Marvin Collins Vicinity Map Application Agency Comments Planning Staff Report Certificate of Mailing Brunssen Letter of 5/27/87 (Refer to May 26, 1987 Agenda Packet) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. This item was continued from the May 26, 1987 Joint Public Hearing. BACKGROUND: Wildwood Corporation of Hillsborough has requested rezoning of 28.80 acres or 1 ,254,528 square feet of land. The property is located west of the present Wildwood Subdivision off N.C. 86 in Hillsborough Township . The property is designated Ten Year Transition in the Land Use Plan. The present zoning of the property is Residential -2 (R-2) . The applicant is requesting that the zoning classification be changed to Residential -4 ( R-4) . A similar request (R-1 to R-4) was made by the applicant in November, 1985. In response to a Town of Hillsborough recommendation (either R-2 or R-3) , topographic constraints and traffic concerns, the Board of Commissioners approved changing the zoning designation from R-1 to R-2. Development of the tract will have impacts on water and sewer facilities, and the ability of streets to handle projected traffic volumes. These impacts as well as others are identified and discussed in the attached Planning Staff report. �. y 010 RECOMMENDATION: The Planning Staff recommends rezoning of the property from R-2 to R-3 for the following reasons: 1 . Projected pump station capacities permit additional units to be developed. 2. The change from R-2 to R-3 is consistent with a "step- down" approach to zoning in the area, with higher densities near N.C. 86 and lower densities further removed. 3 . Streets within Wildwood Subdivision are capable of handling additional traffic. A letter has been submitted by the applicant's age ( See attached letter. ) The Planning Staff further recommends continuation of the public hearing until the Board of Commissioners June 16, 1987 meeting at which time the recommendation of the Town of Hillsborough may be entered into the record. BRUNSSEN _ ENGINEERING D + I � nn on SERVICES, PA 5- 27 B7 L' ENGINEERING,PLANNING,CONSULTING 4r-6- 36 CHURCHWELL CT. DURHAM,NC 27713 919/544-1159 May 27, 1987 Orange County Planning Department 306 r Revere Road Hillsborough , N. C. 27278 Re: Wildwood Section IV Dear Mr. Collins: Per our discussions yesterday about the request for zone change on the Wildwood Section IV, the owner of the difficult g Y in the recommendation of the planning ostaff has of no r zoning of R 3 for this requested. Property instead of R 4 as currently The request for R 4 was based on the having the ability to have smaller lot frontages, premise of Under the ordinance it is allowed to have an R 3 cluster layout , with this concept home designed with consideration pof the existing neighborhood can be R 3 cluster arrangement would topography. The the existing housing and the proposed ous a green way between P oposed housing. If addition information is needed , please contact me at 544_ 1139. Sincerely, Fri,t,' H. Brunssen Acting for the owner Wildwood Corporation 1 O R A N G E C O U N T Y 012 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1, 1287 Action ifeta Item H� • SUBJECT: ZONING ORDINANCE AMENDMENT - ARTICLE 5 . 1 . 1 ( Schedule for Residential Developments) DEPARTMENT: PLANNING PUBLIC HEARING X _Yes — No ATTACHMENT(S) : INFORMATION CONTACT: Greg Szymik Existing Ordinance Provisions--Article 5 . 1 . 1 Proposed Revision to Article 5 . 1 . 1 ( Refer to May 26, 1987 Agenda Packet) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on proposed amendments to Article 5 . 1 . 1 of the Zoning Ordinance. This item was continued from the May 26, 1987 Joint Public Hearing. BACKGROUND: Article 5 . 1 . 1 of the Zoning Ordinance contains the minimum gross land area and building height requirements, and the required minimum land use intensity ratios for floor area, open space, liveability space and recreation space in Planned Developments. The Article currently does not contain minimum required recreation space ratios for Planned Development - Mobile Home Parks. It also does not contain land use intensity ratios for Planned Development - Mobile Home Parks in R5, R8 and R13 zoning districts. The proposed amendment will correct these deficiencies by adding minimum required recreation space ratios for RB, AR, R1 , R2, R3 and R4 zoning districts. Furthermore, minimum gross land area, building height and land use intensity ratios will be added for R5, R8 and R13 districts. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendments. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . . w � BRUNSSEN 0 p ENGINEERING ; 171 SERVICES, PA 5- ENGINEERING,PLANNING, 2 7 B NG CONSULtING Atr-G 36 CHURCHWEL.L CT. DURHAM,NC 27713 919/544-1159 May 27, 1987 Orange County Planning Department 06 F R4=vere Road Hillsborough , N. C. 27278 Re: Wildwood Section IV Dear Mr. Collins: Per our discussions on our Wildwood Yesterday about the request for difficulty w Section IV, the owner any change the recommendation of of the property has no toning of R � for this property the planning staff requested. The request instead of 8 4 as of y having for R 4 was based on currently the ability to have smaller it frontages, the premise of Under the ordinance it layout , with is allowed to have an l y this concept a R o hood cluster home designed with consideration pleasant neighborhood R cluster of the existing can be the existing arrangement would topography. The 9 housin provide for a green way between housing and the proposed housing. If addition information is needed 1159.f please contact me at 044 Sincerely, Fritz H. Brunssen Acting for the owner Wildwood Corporation 1 .' I O R A N G E C O U N T Y 014 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June It 1987 Action e,,nda Item `n -n h. SUBJECT: ZONING ORDINANCE AMENDMENT - ARTICLE 2.3 .3 (Board of Adjustment Administration) DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT(S) : INFORMATION CONTACT: Greg Szymik 3-11 -87 Memo from Planning Director 3-31 -87 Memo from Greg Szymik Existing Ordinance-Section VIII-B Proposed Amendment to Section VIII-B ( Refer to May 26, 1987 Agenda Packet) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill -- 968-4501 PURPOSE: To receive citizen comment on proposed amendments to Section VIII -B of the Subdivision Regulations. This item was continued from the May 26, 1987 Joint Public Hearing. BACKGROUND: Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances have been reviewed to identify inconsistencies. To eliminate the inconsistencies and make the procedures uniform for all ordinances, two amendments have been developed: ( 1 ) An amendment to Article 2.3.3 of the Zoning Ordinance; and (2) an amendment to Section VIII- B of the Subdivision Regulations ( Separate public hearing item. ) The proposed amendment to Article 2.3.3 would require that property for which a Class B Special Use Permit or variance has been requested must be posted at least ten ( 10) days prior to the public hearing date. The amendment would provide uniformity between "posting requirements" in Article 2.3.3 and Article 20 (Zoning Text/Atlas Amendments) . Currently, the property must be posted at least fifteen ( 15 ) days prior to the meeting date. O1 RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . O R A N G E C O U N T Y BOARD OF COMMISSIONERS 016 ACTION AGENDA ITEM ABSTRACT Meeting Date June 1 , 1987 Act ion ends Item .-r %, . SUBJECT: SUBDIVISION REGULATIONS AMENDMENT - SECTION III-B-3 STAFF REVIEW DEPARTMENT: PLANNING PUBLIC HEARING X _Yes — No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik Existing Regulation Section III -B-3 Proposed Revision to Section III-B-3 ( Refer to May 26, 1987 Agenda Packet) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on proposed amendments to Section III-B-3 of the Subdivision Regulations. This item was continued from the May 26, 1987 Joint Public Hearing. BACKGROUND: Section 111-8-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and Final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans . To prevent Planning Staff review of Sketch Plans from being considered a permanent approval , a revision of the regulations is proposed. The proposed revision places a time limit of one ( 1 ) year on the validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . or( O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1 , 1987 Action genda Item . SUBJECT: SUBDIVISION REGULATIONS AMENDMENT - SECTION VIII -B AMENDMENT PROCEDURE DEPARTMENT: PLANNING PUBLIC HEARING X Yes — No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik 3-11 -87 Memo from Planning Director 3-31 -87 Memo from Greg Szymik Existing Ordinance-Section VIII-B Proposed Amendment to Section VIII -B (Refer to May 26, 1987 Agenda Packet) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on proposed amendments to Section VIII-B of the Subdivision Regulations. This item was continued from the May 26, 1987 Joint Public Hearing . BACKGROUND: Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances have been reviewed to identify inconsistencies. To eliminate the inconsistencies and make the procedures uniform for all ordinances, two amendments have been developed : ( 1 ) An amendment to Article 2.3.3 of the Zoning Ordinance ( Separate public hearing item. ) ; and (2) an amendment to Section VIII B of the Subdivision Regulations . The proposed amendment to Section VIII -B would require that the first advertisement of a notice of public hearing regarding a proposed ordinance amendment appear in a newspaper not less than ten ( 10) and not more than twenty- five (25) days prior to the hearing. The amendment would provide uniformity between advertisement requirements in the Zoning Ordinance and the Subdivision Regulations . Currently, the first advertisement must appear in a newspaper not less than fifteen ( 15) days prior to the hearing. 018 RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . 019 ORANGE COUNTY Action Agenda • BOARD OF COMMISSIONERS it No. 1)1 ACTION AGENDA ITEM ABSTRACT METING DATE June 1 , 1987 Subject: Rape Prevention Month in Orange County IDepartment: BOARD OF COMMISSIONERS I Public gearing: yes X no I • Attachments: Information Contact: Shirley E. Marshall , Ext. Proclamation Phone bers: 732-8181, �k501, 227-0231 PURPOSE: To proclaim June, 1987 as Rape Prevention Month in Orange County. To recognize those agencies and in dividuals who work for the prevention of rape and sexual assault in Orange County and extend the appreciation of the citizens of the County for those efforts. • RECOMMENDATION: • Proclaim the month of June as Rape Prevention Month and authorize the Chair to sign the Proclamation. 020 PROCLAMATION WHEREAS, rape and sexual assaults are violent crimes committed against females and males of all ages and economic groups; and WHEREAS, rape in Orange county has been one of the fastest growing violent crimes in recent years, with an average of 60 sexual assaults per year reported to the Orange County Rape Crisis Center; and WHEREAS, during 1986, 70 sexual assaults were reported in Orange County; and WHEREAS, rapes have been most frequently reported in the late summer months and are reported to be increasing on the college campus; and WHEREAS, there are precautions that can be taken to lessen the likelihood of sexual assaults, and the Rape Crisis Center, law enforcement and other social service agencies are providing training in self-protection; now THEREFORE, We, the Orange County Hoard of Commissioners in full recognition and appreciation of the efforts for the prevention of rape and sexual assault in Orange County, do hereby proclaim the month of June 1987 as RAPE PREVENTION MONTH IN ORANGE COUNTY North Carolina and do urge all citizens to seek preventive information and to educate their children as well. We urge all citizens and county, local and state agencies and organ- izations involved in the criminal justice system to devote special attention to the prevention of these crimes and to the needs of the victims. We urge all other agencies and organizations to join in the redoubling of efforts to make the system of care in Orange County more responsive to the needs of victims of sexual assault. (SEAL) Shirley E. Marshall, Chair 021 ORANGE COUNTY BOARD OF COMMISSIONERS Action Agenda Item No.fl ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 1, 1987 SUBJECT: BUDGET AMENDMENTS DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE,X501 PROPOSED BUDGET AMENDMENTS TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of proposed budget amendment. BACKGROUND: The Department of Social Services has received additional Federal funds. These fund will be used for heating-related emergencies through the Emergency Food and Shelter program. The additional funds to be budgeted are $4,502 with no County match required. RECOMMENDATION(S) : Approve motion to amend the 1986-87 Budget Ordinance by the proposed amendment. 022 ORANGE COUNTY PROPOSED 1986-87 BUDGET AMENDMENT The 1986-87 Budget Ordinance as adopted on July 23, 1987, and sub- sequently amended, is hereby amended as follows: GENERAL FUND BEFORE AFTER AMENDMENT AMENDMENT AMENDMENT Appropriation: Social Services $3,511,472 $4,502 $3,515,974 Source: Emergency Food and Shelter 5, 098 4,502 9, 600 To accept Federal Emergency Food and Shelter grant. Approved this 1st day of June, 1987. ORANGE COUNTY 014 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date Jpne 12 1987 Action44a9nda Item limpl SUBJECT: SUNSET RIDGE SECTION II - PRELIMINARY ACTION BY: July 6, 1987 DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Eddie Kirk Checklist Vicinity Map Preliminary Plan Certification Agency Letters Preliminary Plan Draft Planning Board Minutes ( 5-18-87) Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of the Preliminary Plan for Section II-Sunset Ridge Subdivision. BACKGROUND: The property is located in Cheeks Township south of West Lebanon Road ( SR 1306) between Mill Creek Road and Doe Run Road. There are 38 lots proposed out of 45 .02 acres with an average lot size of 1 .03 acres. The property is zoned Rural Residential ( R-1 ) and is designated Rural Residential in the Land Use Plan. All applicable agencies have reviewed and commented on the application. The developer proposes public roads to be constructed to State standards. The Planning Board first reviewed the Preliminary Plan for this subdivision on April 27, 1987 . The Planning Board vote at that meeting resulted in a 4-4 tie. Reasons cited by those who voted denial were: 1 . Additional efforts to obtain Town of Mebane comments concerning their position regarding Orange County action on a subdivision in the City Lake watershed. 024 2. A dressemaintenanceoof the theHomeowner' s detentionAssociation address ponds. 3. Information from Warren Faircloth regarding detention ponds. The applicant agreed to make efforts to address these agreed reihearhethepPreliminarynPlan, requestnatngitsoMay agre 18, 1987 meeting. Subsequently, the Planning Board recommended approval of the Preliminary Plan for Sunset Ridge - Section II subject to the following conditions : ( 1 ) Revision of preliminary plan or provision of separate landscape plan identifying stands of existing trees and those trees to be preserved upon project completion, specifying location, species, and approximate size. (2) Provide typical landscaping detail plans in accordance with Section IV-B-8-c of the Subdivision Regulations for those areas where existing landscaping is not available. (3) Submittal to and approval by the County Attorney of covenants and restrictions, articles of incorporation and/or by- laws for the homeowners association that will govern the maintenance and control of the common areas. The homeowners association agreement shall be submitted to the Planning Board prior to final plat approval and shall spell out maintenance recommendations from the County Erosion Control Officer and shall specify that the developer will contribute to the homeowners association in accordance with the number of lots the developer owns . (4) Lots 1 , 8, 21 , 33, 34, 37 and 38 must be combined with other lots or labeled as of restricted development potential as required by Section III -E-5-e of the Subdivision Regulations. If labeled, an instrument must also be recorded with the Final Plat which describes the restricted lots by metes and bounds . (5) Prior to final approval , the Orange County Planning - Board reserves the right to review and make additional conditions based on courtesy review recommendations from the Town of Mebane Planning Board. RECOMMENDATION: The Manager recommends approval of the preliminary plan with conditions 1 -4 as recommended by the Planning Board. Since the Town of Mebane has chosen not to respond due to the site being located outside of its extra-territorial planning jurisdiction, the approval should not be based upon receipt of further comments from the Town of Mebane. PLEASE TAPE OR PRINT (INK ONLY) U2 cJ ti/85 1 PnICAT?ON FOR SUBDIVISION APOROVAL ORANGE COUNTY DATE: .1 -'� e)- i 7 SUBDIVISION NAME: 8 Li h5 e+ R ie4ce � LOCATION: S b mew~ Dom- . :�.rvS�} Q.dc`�a. - L a b la_r1c n (1341.11 r , d IY\■ t. C14 OWNER/DEVELOPER: zc.,.,_.s -Rc.e Frees.\. ..Nat I LSA P A kc�.v ADDRESS: A P'(L r_C.c.e4i' ems_1• . TELEPH ONE NO . : , 7 3 Z 1051 J. AGENT/CONTACT: Li_S,a, Per,hctrr, TELEPHONE NO . : 13 a-10 t o _ Y13 "Z,- 4322 A. SUMMARY INFORMATION: Orange County Tax Map b Block Lat(s) Ft r Township Cheeks Zoning District(sl : P=77 � -,�r_r\ -iot Total Number of Acres : �+5 Phae.es: • / Total Number of Lots: •S 4 Average Lot Size : r. Minimum Lot Size Number/Type of Structures : (existing) • hone. (proposed) Ynav'Ny Lineal Feet in Streets : Acres in -Open Space Water Supply Pub Lic(specify) Community X Individual - Wastewater Disposal: _pub Li c(specify) Community .Indi vi due l School District: NC�E Fire District: General Land Uses in Area: r c'i-,lrle_ncl /goyrtct.iLL,A-.v-c"-I Critical. Areas : stream/dreinegeweys _flood prone areas watershed('Teel fy1 _historic sites other(expLainl B . ALL plats must be submitted on sheet no sme l ler than one inch aqua Ls two- hundred feet (1 "1:200 1 ) and. no larger than one inch aqua is fifty feet (1 "=501 ) and must contain the following information : . . subdivision note building setback lines ' neon of ounet(s1 .{•. by notation or t pleat lot =heck = `.. nese of a :.:.:._ y items Tarr, engineer or lsyeut =am leted �/ N:.:::. land planner a:,■ring snd pro se■ed ease- ) L /title) PrsLinin■ry Plan �_ ■ants (tltsinaga, utilities, .i!.. seals. north vror (North at /ilEi:W roods. creel !ittoo of sop/ L ■stating. proposed and data (including revision detest i township. fit;;, including riphtarof�ay aigp• tax sap—black—let :;: including dimensions end tefatep Ce■ f-:s;w iit■as names and ■Late road iL �_,.,;K b y 0 land with :.W:�{{: "`• b.ariogs and di • 1L ii.,,; existing and 0142Donad including total ■ateoa• of the trees = -• utilities. o-"'` ado .w_mg■gcf lots, including ,5-:5 - .trpa. sizes, Sad 'excluding area within •� hyor.nte. valves and r!ghts—of—ray 4 ���y.. , control corner lea ���•` .:lasing and prooa■atl culvert proposed lot lines with ' including rises end g e ' dimensions typical sttrws eroaeweesione tat ousters i :`i• : ■■d 1 Ian details phasing lines :::::W: including design and width 4.4 "'i topography at tan foot (101 ••i°-' of tr*velem end shoulders � /r ,.; is horizontal alig sad .LL water bodies. it . flood— g l data (pantie ray and f LdodP tat na 'YV�... 1 ■tram oeffers sad natation ✓ ,•:: -:_'. p■rmanent feature• such es indicating restricted •:�:�: ;�•::.;;• buildings. lea, f;::; • Levalopment potential �` hlpteric lanaaeres I ip, corporate snd a:tre— ✓ '•-'•� -- adjoining lot layout ;' %4••: territorial planning f adjoining property 0 on ines which jurisdiction lines owners end auedirlslpna / 1 ' crows the property .1, : location ono size of parcels dedicated for public use or r d '' in tenons 1 i..ilai Lbcatton and sits of lots of r lasso ouvelopment potential and %I :;;;Z; ion an plat rsg.rding sees +�C:r ■torsrater sansgaa.nt plan indicating - prevision for control of the firer 1/2 inch of runoff fro■ I lour surfeeas 02t C. OTHER SUBMITTAL REQUIREMENTS : 1 . Twenty-six (26) copies of the preliminary plat 2. Two full size copies of an Orange County Tax map (one copy with tax parcels involved clearly marked) . 3. Where municipal or OWASA sewer is not avai Lab le , a Letter from the Orange County Health Department certifying the proposed wastewater system for each Lot . I , the applicant, hereby certify that the foregoing application is couplet. and accurate . I understand that a 1210.00 fee (subdivisions of 15 Lots or less) or a $370 .00 fee (subdivisions of 16 Lots or more) is due at the time of application . A $5.00 per lot fee is due at the time the fins l. presented for recordation . plat is Paa,f-A2 AP121 ANT S SIGNATURE OWNER 'S SIGNATURE DATE 0....#77/g, 9 Z8 -� DATE • FEES: Amount ' 3 7u, Date Paid "7-2-1)7 Receipt //64I( • * -.-•:_•-•••• . - l ' --.:-..3 ,--.-:.. • , , ,_,._ _ _:. _ _ _ z . . . 44.:4.-... .. ■ ...:-..:'1"..hr:,4.3.7.. .r'-•'''Ilfti--- - -' - •,- t " Itir.. 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Mills SCHOOL BOARD (Orange/Chapel Hill-Carrboro) : DATE 3`11-87___ CERTIFICATION N/A UTILITIES (OWASA/Hillsborough/Mebane/Orange Alamance/Durham) : DATE 3-5-F7` Certification Health Deet`_ OTHER: Recreation Advisory Council (Date) Carrboro Fire Department (Date) • Chapel Hill (Date) Carrboro (Date) Hillsborough (Date) Durham (Date) Other Town of Mebane 4-10-Z (Date) Erosion Control Officer (Date) 4-27-87 4-27-87 Planning Board action deferred PLANNING BOARD: Date _ Approval __,,_ Approval with Conditions Denial BOARD OF COMMISSIONERS: Date Approval ____ Approval with Conditions ____ Denial r 4 r! x :5�� Jf STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN March 20, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS. P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Eddie Kirk Orange County Planning Department 106 East Margaret Lane Hillsborough, NC 27278 Subject: Sunset Ridge II Subdivision Off SR 1306 (Lebanon Road) Dear Mr. Kirk: Please be advised the preliminary plan of the subject development is approved. For final approval, please submit the following: 1. Drainage plans. 2, Vertical alignment and horizontal curve data. If you have further questions regarding this development, please let me know. Yours very truly, . M. Mills DISTRICT ENGINEER .IMM/SPI:jbh An Equal Opportunity-/Affirmative Action Employer e_ , CI . ANT-rPrcH 1-1E-....1T - z .x- .... . . .,. , ...- 0 TEMPORV COL-og-SAC ,- z • ,j,.167' 0 3° • . “: - .419 0 131 CP d• \ 0 ti .4 ,- - ,•. CP • \ , 0 0 -144:tr. • , ' --_—\\ , Z- 11\CON •,, \ 1 0 k Z. t. 1-: • ,, _ • ..i. 1S 6'P0 l si.. 441: ,.. - • a 60\TACK too / - -ro \60 , '• , 6 AFTEL 'Rena 0 / -• .." 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'7\ 1 1 \ I / ''''''....\\ - .r.'.7re ' ' ' r • -\ / ORANGE COUNTY PLANNING DEPARTMENT 031 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 MEMORANDUM TO: Eddie Kirk, Planner FROM: Warren Faircloth, Erosion Control Supervisor SUBJECT: Sunset Ridge Subdivision Section II . DATE: April 15, 1987 The stormwater management plan for this subdivision proposes to meet the Ordinance requirements using "wet" detention ponds. These three ponds will filter runoff from the site, trap the pollutants, and the biological activity in the ponds will break down many of the pollutants. Detention ponds are necessary for this subdivision because of its location adjacent to the water supply for the Town of Mebane. The plan for this subdivision meets the Ordinance requirements. I r' C.Brooks Gardner, Trifun o f , L b 4l n Ela,neJ,Hicks Mayor Tv..Cr,*/F,...€.WK.. CHARTERED IN 7881 berniceO.WaVon Tar C,,s.rur. Mebane, N. C. 27302 Grady C'vine's CM..f of P.4r. Timothy Bradley Richard L.French.T.i.v Al..arr. Owl Fwe D.H. Ceased: Delmar Lankford Donald B.Lac pwa&ws.e,Ihrani. William R.Hinman,Jr. Paul Young James A.Jobe,Jr. Car/rrc*.d., Everette Fender Dennis}fie Jam Rice April 10, 1987 • Mr. Eddie Kirk Orange County Planning Department 106 E. Margaret Lane Hillsborough, NC 27278 Dear Mr. Kirk: This is to advise that the City of Mebane has reviewed plans for Sunset Ridge Subdivision proposed to be located off Lebanon Church Road and find the majority of the sub- division to be located outside our present extraterritorial zone, and we further find that the area will be located totally outside our jurisdiction if a proposed map showing redefined extraterritorial boundaries 'which follows lot lines is adopted by the City Council at a Public Hearing to be held on May 4, 1987. Thereby, upon the advice of City Attorney Charles Bateman, the City of Mebane relinquishes any control over the proposed subdivision. Sincerely, k,w2,31.6,) Elaine 3. Hicks Acting City Manager • • r Ud( TO: ORANGE COUNTY PLANNING BOARD MEMBERS In order to give some background to our attempts to receive coment from the Town Of Mebane, I will briefly chronicle our efforts to keep the Town aware of the proposed Sunset Ridge Subdivision. August 1986- Meeting with Paul Young (Zoning Manager of the Town of Mebane) to show him plans for Sunset Ridge I, drove to the site and showed him approximate boundaries. March 1987- Meeting with Paul Young to give him plans for Sunset Ridge II. He was also given storm water management plans and asked to review these and let us know if there were any questions or concerns. April 1987- Met with Elaine Hicks;Acting :Town Manager.. (Mr Young was out with medical problems. ) We requested a letter from the Town of Mebane asking for comment on the proposed subdivision. April 10, Elaine Hicks writes letter stating Sunset Ridge is or will be out of 1987 their jurisdiction. May 1, - Meeting with Paul Young to request additional comment on subdivision. 1987 Presented him with a revised storm water management program which contained wet ponds instead of dry retention basins as per the suggestions of Warren Faircloth. May 8, `/ Talked with Mr. Young who indicated that he would not be writing an 1987 additional letter as he felt that the subdivision was not in his jurisdiction. He did say he would write a statement indicating,' that the Town of Mebane receives its water from Quaker Lake in Graham. Lisa Pakenham Developer Sunset Ridge Subdivision 034 The Town of Mebane has Quaker Lake as its primary water source. Lake Michael is a secondary source.. •Robcr~^' sonTown-Manager(Tew• ,of Mebane) Da e • Qx'r-r Ddb It is the intent of the developers of Sunset Ridge Subdivision that the Homeowners Association be responsible for the upkeep and mintewce of the retention basins. • Lisa Pakenham Developer D ~ - Date a (Lift: D ° II ir The Planning Staff recommends approval of the Final Plat. MOTION: Best moved approval. Seconded by Walters. VOTE: Unanimous. c. Sunset Ridge - Preliminary Plat (Cheeks Township) Presentation by Kirk. The property is located in Cheeks Township of West Lebanon Road (SR 1306) between Mill Creks Road and Doe Run Road. There are 38 lots acres with an average lot proposed out of 45.02 property is zoned Rural Residentiall' 03 acres. The designated Rural Residential in the Land UselPlan. is All applicable agencies have reviewed and commented on the application. The developer proposes public roads to be constructed to State standards. A 1985 traffic count on SR 1306 (West Lebanon Road) indicated 700 west of SR 1342 (Frazier Road trips per day just Ridge, approved Road) . Section I of Sunset Ridge, approved trips by the Planning Board on 10/6/86, will approximately 30 trips per Section II will generate P per day. The Planning Board first reviewed the Preliminary Plan for this subdivision on April 27, 1987. Board vote at that meeting ins P-4 tie. Reasons cited by those who voted eddenial were: a -tie' 1. Additional efforts to obtain Town of Mebane comments concerning their position regarding Orange action on a subdivision in the City Lake g watersCounty hed. 2. A desire to see how would address maintenance proposed d detention ponds, proposed detention 3. Information from Warren Faircloth regardin g detention ponds. The applicant agreed to Thncapps, make efforts to address these Board agreed WtohrehhearptheaPrelim�nsent, the Planning its May 18, 1987 meeting. nary Plan request at The Planning Department recommends Preliminary Plan for Sunset Ridge approval suof bject the to the following conditions: g - Section II subject 119 i2 Ir 031 (1) Revision of preliminary plan or provision of separate landscape plan identifying stands of existing trees and those trees to be preserved upon project completion, specifying location, species, and approximate size. (2) Provide typical landscaping detail plans in accordance with Section IV-B-8-c of the Subdivision Regulations for those areas where existing landscaping is not available. (3) Submittal to and approval by the County Attorney of covenants and restrictions, articles of incorporation and/or by laws for the homeowners association that will govern the maintenance and control of the common area (lot 9) . (4) Setback lines must be denoted as such on lots. (5) Lots 1, 8, 21, 33, 34, 37 and 38 must be combined with other lots or labeled as of restricted development potential as required by Section III-E 5-e of the Subdivision Regulations. If labeled, an instrument must also be recorded with the Final Plat which describes the restricted lots by metes and bounds. (6) Provide notations on plat regarding temporary cul de-sacs similar to those required by NCDOT for San- Reba Woods (see attached sketch) . The application for preliminary subdivision plan approval was reviewed on March 2, 1987. The 85 day review period expires on May 26, 1987. Jacobs informed the Board that he had spoken with Robert Wilson, the Town Manager of Mebane about the maintenance responsibility of detention ponds that would involve the Town of Mebane water supply. He indicated that Mr. Wilson would like to present this subdivision to the Town of Mebane Planning Board on June 8, 1987. Warren Faircloth, Soil and Erosion Officer, spoke to the concern of maintenance responsiblity of the deten- tion pond. He indicated that maintenance for such a detention pond as the one in this subdivision is low and sediment accumulation is small. Faircloth continued that Orange County has no specific require- ments for the maintenance of detention ponds. He noted also, that Lake Michael is no longer the primary water supply for the Town of Mebane. Walters indicated the desire to "follow through" with the information presented and designate maintenace of the detention ponds since Lake Michael is a recreation area with the need for erosion and sediment control. Ddb n CD ir Lisa Packenham stated that Mr. Wilson had indicated that the pumps had been removed from Lake Michael and it is no longer the primary water supply for the Town of Mebane. Jacobs stated that Mr. Wilson indicated that he welcomed the opportunity for his board to participate in the courtesy review process. Discussion followed concerning the point at which maintenance of the detention ponds would released to the Homeowners Association. It seemed to be the consensus of the Board, and agreed to by the developer, that the developer would be completely responsible for the maintenance of the ponds until the 20th lot was sold and then be released to the Homeowners Association. The developer would be a member of the association as owner of the remaining lots and thus share in maintenance responsibility. There were questions regarding NCDOT's conditions before final approval. Kirk responded that the final plat will have NCDOT stamp when presented to the Planning Board which indicates that NCDOT conditions have been met. Margison inquired if requirements for maintenance of the detention ponds had been established. responded that these could be added as rtcoof rt of condition #3 and he also wished to add a condtion regarding courtesy review recommendations from the Town of Mebane. Jacobs stated he would like to see samples of some Homeowners Association agreements in order to inform the public better of the purpose of the associations and the responsibilities involved when signing such an agreement. By consensus, the Board added the following statement to Condition #3 : The homeowners association agreement shall be submitted to the Planning Board prior to final plat approval and shall spell out maintenance recommendations from the County Erosion Control Officer and shall specify that the developer will contribute to the homeowners associ- ation in accordance with the number of lots the developer owns. Also, by consensus, the following condition was added; Prior to final approval, the Orange County Planning Board reserves the right to review and make additional conditions based on courtesy review recommendations from the Town of Mebane Planning Board. MMUY Conditions #4 and #6 were deleted (having already be met on the revised plat) . MOTION: Walters moved approval of the Preliminary Plan for Sunset Ridge Section II with the changes in conditions. Seconded by Eddleman. VOTE: Unanimous. d. Gatemoore - Preliminary Plat (Town of Hillsborough) Presentation by Kirk. The property is located in Hillsborough Township on the north side of Oakdale Drive (SR 1133) . It is zoned R 15 in the Town of Hillsborough's jurisdiction. The owner is proposing public roads to be constructed to state standards. There are thirty-seven (37) lots proposed out of a 19.82 acre tract. Each lot is 15, 000 sq. ft. or larger. Hillsborough water and sewer is proposed for the tract. The Land Use Plan designation is 10 year transition for this area. A 1985 traffic count on Oakdale Drive indicated 1300 trips per day east of SR 1006 (Orange Grove Road) . Using 9.51 trips per day per residence, an additional 352 trips per day would be generated on Oakdale Drive. All applicable agencies have reviewed and commented on the application. The Planning Staff recommends aproval subdivision with the following conditions: of the 1. Water and sewer must be available to the site. 2. Utilities be placed underground consistent with Section 5. 14 and 5. 15 of the Zoning Ordinance. 3. Maintenance of the sewer pump station to be as required by the Town of Hillsborough. 4. A voluntary annexation petition is to be filed with the Town of Hillsborough. 5. The Final Plat be sent to the Hillsborough Planning Board for their review. 6. A chain link fence be erected around the Wet Pond for safety of youngsters. 7. The Common Area/Stream Buffer be designated as a i . - t ORANGE COUNTY 040 BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date June 1, 1987 Action ends Item SUBJECT: ADDITION OF SHAMBLY DRIVE TO STATE-MAINTAINED ROAD SYSTEM DEPARTMENT: PLANNING PUBLIC HEARING Yes X No Attachment( s) Information Contact: Eddie Kirk Letter from J .M. Mills to Manager dated 5/ 12/87 ; Secondary Road Addition Investigation Report Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: Consideration of petition from NCDOT for the addition of Shambly Drive in Perry Hills Subdivision to the State maintained Secondary Road System. BACKGROUND: The petition involves the addition of a paved road, Shambly Drive, to State--maintained Secondary Road System. The Board ' s decision will be forwarded to the N.C. Board of Transportation for their deliberation on acceptance of the road to the State-maintained Secondary Road System. RECOMMENDATION: The Manager recommends approval of the petition. 041 : .4 RErn MAY n 1987 STATE OF NORTH CAROLINA DEPARTMENT OF TRANSPORTATION Graham, NC 27253-0766 JAMES G. MARTIN May 12, 1987 DIVISION OF HIGHWAYS GOVERNOR JAMES E. HARRINGTON GEORGE E.WELLS, P.E. SECRETARY STATE HIGHWAY ADMINISTRATOR Orange County Mr. Kenneth R. Thompson, County Manager Orange County 106 East Margaret Lane Hillsborough, NC 27278 Subject: Petition for Addition - Shambly Drive (Farthing Drive) in Perry Hills Subdivision Dear Mr. Thompson: Attached is Form SR-4, Secondary Road Addition In- vestigation Report., for Shambly Drive (Farthing Drive) in Perry Hills Subdivision. This is being forwarded to you for review by your Board of Commissioners. Yours very truly, J M. Mi11s 4ISTRICT ENGINEER V /j bh Atta. cc: Mr. J. W. Watkins • An Equal Opportunity/Affirmative Action Employer NORTH CAROLINA STATE DEPARTMENT OF TRANSPORTATION 0 4 DIVISION OF HIGHWAYS SECONDARY ROAD ADDITION INVESTIGATION REPORT County orange Co. File No. _ Date Township seeks Div. File No. Local Name Shambly Drive (Farthing Drive) Subdivision Name Perry Fills Length 0.6 Mile Width 38' 1D. to D. T E Condition Good _ Type Is this a subdivision street subject to the construction requirements for such streets? Yes Recorded 01-27-65 Book 14 Page 151, 152 Is this a su vi bdision street subject to participation paving? Yes Number of homes having entrances into road 14 Other uses having entrances into road None Does right-of-way obtained meet present Division of Highways requirement?Dedicated If not, why? Is petition (SR-1) attached? Yes Is the County Commissioners' Approval SR-2) attached? If not, why? Does the road meet present minimum Division of Highways construction requirements? es If not, state what is needed to place the road in an acceptable maintenance condition under Remarks and Recommendations. Is a map attached indicating information for reference in locating road by the Planning Department? Yes Cost to place in acceptable maintenance condition: Total Cost $ 0.00 Grade, drain, stabilize $ '"" _ , Drainage $ "'"' Other $ Remarks and Recommendations Meets minimtntrequirements; thence recommend addition. Reviewed and approved Board of Transportation Member Reviewed and approved " W Watkins / •J. t. Mills illa DIVISION ENGINEER „/DISTRICT ENGINEER / (Do not write in this space - For use of Secondary Roads Dept.) Petition No. (Do not write in this space - For use of Planning Dept.) Form SR-4 (7-77) r,r::) • ..,,, r 1111 ORANGE - — �_1 _ _- ''' `1" /.71-: i'. 4 a ---ttr. ire" °` ift 0 if Q ,*W s /:=p re mita i 4- L 4 Qr ec 1. % w. i �ti A , I `� M7 e I u ty 4 I o ,.6 etk o 'li cw,,_ LOS t■. ° n; L b g Q.6 GC' I;; g an rs a 9 s Ll"t 9- _ 13 iX n z m m s 11 . / z v Z n '.r0 / r V 41 r Lb• / fr.2 • it sc• AL'r S • ' . 7.r•r if •-: r /4 v i v } r \—/l: 044 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag nda Item No. US ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 1, 1987 SUBJECT: PROPOSED AMENDMENT TO CABLE TELEVISION SYSTEM ORDINANCE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S OFFICE, X501 (UNDER SEPARATE COVER) TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of proposed amendment to Cable Television System Ordinance. BACKGROUND: Recent Board action (expanding Alert Cable Service Area) affecting the service areas of the County's Cable T.V. Iran chises necessitates changes in the existing Cable Television System Ordinance. The deletions and additions will update and make the ordinance more consistent with proposed Cable T.V. Franchise Amendments. RECOMMENDATION(S) : Approve amendments to Cable Television System Ordinance. ORANGE COUNTY U 4 J BOARD OF COMMISSIONERS Action Ag nda ACTION AGENDA ITEM ABSTRACT Item No. '( Meeting Date: JUNE 1, 1987 SUBJECT: PROPOSED AMENDMENTS TO ALERT CABLE T.V. FRANCHISE DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S (UNDER SEPARATE COVER) OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of proposed amendment to Alert Cable T.V. Franchise. BACKGROUND: On March 2, 1987 the Board approved Alert Cable T.V. service area expansions as recommended by the Cable T.V. Citizens Advisory Committee. The Board also directed the County Attorney to prepare an Amendment to Alert Cable T.V. Franchise. RECOMMENDATION(S) : Approve amendment to Alert Cable T.V. Franchise. ORANGE COUNTY 046 b BOARD OF COMMISSIONERS Action Agenda ACTION AGENDA ITEM ABSTRACT Item No. G$' Meeting Date: JUNE 1, 1987 SUBJECT: CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST READING DEPARTMENT: COUNTY MANAGER PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S (UNDER SEPARATE COVER) OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham - 688-7331 PURPOSE: Consideration of proposed amendment to Carolina Cable T.V. Franchise. BACKGROUND: On March 2, 1987 the Board approved Alert Cable T.V. service area expansion and directed the County Attorney to prepare an amendment to Carolina Cable T.V. Franchise which would reflect changes in the County's Cable T.V. service areas. RECOMMENDATION(S) : Approve amendments to Carolina Cable T.V. Franchise. ANION ; ________________________________________311 AR�CT ITM 1O BOABD Aa AOED 11981 TINE CE i 10ETG Dt% AT 00GB V° ***** �`*NO 20 giTtii OW); FLT ********* PUBt IC * ****�`** 5 Su ECT: $zD ************�`* , SERVICES*********ON"�h p 501 491 ********* SIll_ * ***********IN�,D ,TION 0 **** *** DEPP.R' 'NT oR ********NT�S�*** QQ Hi; ATTACHMENT(S) : .TTACHME �� ��Z~��o� BID TABULATION ONE NUMBERS: EILLSBORO UGH 73a-9361 Venn pH HILLSBORO Cr CH APEL HILL 2 _ PO � MEBANE 27-2031 D ur D 688-7331 ***************** **** * k**iiiik**i *fi * i � d � ******i *ii *i *i * tiie** e* and Denbo► . Inc. to awarding a bid to Crain at Or Lake in To consider system PURPOSE: flashboard (spillway) Croy construct a Rt. • Hillsborough. Morri nt to Board action, which recommended that Oran BACKGROUND: Pursuant one foot, bids were solicited ted from cok be raised by one the spillway y contt ractors to accomplish this g oal. 11, brought forth only opening date, May G.S. equir y Two first bid P bid or two bids. For construction re bids or repair resolicitedattand a with 9e three bids, therefore tabulation is Box � date of May 20 was set. A rham, 20 opening. results of the May Funds are available to support the $21,978 expenditure -X 240 F this project will require. lotte0 RECOMMENDATI ON: Award bid to Crain and Denbo, Inc. , Durham to construct a spillway system at Orange Lake, for a sum of $21,978. 045 ORANGE COUNTY BOARD OF COMMISSIONERS Action Ag da Item No. �7 ACTION AGENDA ITEM ABSTRACT Meeting Date: JUNE 1, 1987 SUBJECT: BUDGET WORK SESSION SCHEDULE DEPARTMENT: COUNTY MANAGER - PUBLIC HEARING: Yes X No ATTACHMENT(S) : INFORMATION CONTACT: MANAGER'S NONE OFFICE, X501 TELEPHONE NUMBER: Hillsborough - 732-8181 Chapel Hill - 968-4501 Mebane - 227-2031 Durham -- 688-7331 PURPOSE: To establish dates to consider requests and various aspects of the proposed budget for 1987-88 following the scheduled May 29, 1987 release of the Manager's Recommended Budget. BACKGROUND: It is necessary to establish dates for the 1987-88 Budget Work Sessions. A public hearing date has been set for June 8, 1987. However, separate meetings may be desired to discuss the following: Sheriff Data Processing Emergency Services Register of Deeds Fire Districts Land Records Health Personnel Mental Health Elections Social Services Purchasing and Central HSAC Officers Services Recreation and Parks Planning Aging Public Works Library 5-Year Capital Improvement Plan "Mark Up/Mark Down" Public Schools (to be decided) RECOMMENDATION(S) : As the Board decides. AM ORANGE COUNTY Action Agenda, BOARD OF COMMISSIONERS Item No._ ACTION AGENDA ITEM ABSTRACT MEETING DATE June 1 , 1987 i Subject: APPOINTMENTS C Department: BOARD OF CO ISSIONERS l [ Public Hearing: Yes % no l Attachments: Under Separate Cover Information Contact: Beverly- A. Blythe Phone Numbers: 732-8181, 968-4501, 227-0231 PURPOSE: To maintain membership at effective levels on Commissioners' appointed Boards_ The following vacancy is announced for the first time: C-8 ORANGE COUNTY PLANNING BOARD - 1 vacancy - resignation of Carl Walters. The following vacancies are announced together with the indication of the status of securing candidates for possible appointment consideration . A-1 ABC BOARD - 1 vacancy. A-4 COMMISSION FOR WOMEN - 5 vacancies due to expiration of terms. Judith Eastman desires to be reappointed. A-5 ECONOMIC DEVELOPMENT COMMISSION - 3 vacancies due to expiration of terms. A-8 OWASA BOARD OF DIRECTORS - 1 vacancy due to expiration of term. Scott Hermans-Giddens desires to be reappointed. A-13 RECREATION AND PARKS ADVISORY COUNCIL - 1 vacancy. No recommendation has been received. B-1 BOARD OF HEALTH - 3 vacancies due to expiration of terms. Anne Gross, Ruth Royster and Winifred Prysock are all eligible and desire to be reappointed. B-2 BOARD OF SOCIAL SERVICES - 1 vacancy due to expiration of term. No recommendation has been received. B-3 CAPITAL HEALTH SYSTEMS - 1 vacancy due to expiration of term. B-4 COUNTY SENIOR CITIZENS BOARD - 1 vacancy due to expiration of term. Henry Atwater desires to be reappointed. 8-5 DOMICILIARY HOME COMMUNITY ADVISORY COMMITTEE - 5 vacancies due to expiration of terms. Paul Leung and Ernie Mills desire to be reappointed. B-18 TRIANGLE J EMS COUNCIL - 2 vacancies due to expiration of terms. Victor Germino and G. Kenneth Morgan desire to be reappointed. 8-22 LOW AND MODERATE INCOME HOUSING TASK FORCE - 2 vacancies. No resumes have been received. DOGWOOD ACRES SANITARY DISTRICT BOARD - 1 vacancy. No recommendation has been received. RECOMMENDATION: As the Board decides. O R A N G E C O U N T Y INTEROFFICE MEMORANDUM TO: Ken Thompson, County Manager FROM: Marvin Collins, Planning Director SUBJECT: Notification Requirements DATE: March 11 , 1987 COPIES : Geoffrey Gledhill , County Attorney Barry Jacobs, Planning Board Chair Greg Szymlk, ' Planner III (Current Planning ) Gene Bell , Planner Ill (Comprehensive Planning ) As requested, this memorandum summarizes State and local requirements governing legal notices. Please note that this memorandum has n= been pre-audited by the County Attorney. Genera 1 LtrIxIs Rtiut c.ersr is Before adopting or amending any ordinance authorized by G. S. 153A - Article 18 (Counties) or G. S. 160A - Article 19 ( cities and, In some instances, counties) , a public hearing must be held. Notice of the hearing must be published once a week for two successive calendar weeks. The notice must b first time not less than 10 days nor more than 25daysbbefore the public hearing Gate. Ordinances and/or related Items Covered by Articles 18 and 19 are as follows: Counties Cities r 1 1l .6=s le .Lg General Provisions General Provisions Subdivision Regulation Subdivision Regulation Zoning Zoning Building Inspection Building Inspection Community Development Community Development (C) Historic Districts (C) (C) Historic Properties Commissions (C) Open Space Acquisition (C) Minimum Housing Standards ( C) Appearance Commissions (S) Erosion/Sediment Control Floodway Regulations "General Provisions" includes territorial agency creation and cther supplementary jurisdiction,(C) placaies that the statute covers cities and counties, with both subject to• the notice requirements listed above. to separate act or statute exists for counties without that a notification requirements. specific Amendments to the Schedule of PulIding 4 tdoption of supplementer Permit Fees and the • .. the requirements of G. S. y Building Code regulations also trech 11 1 Housing Code for Orange County 3followed theptrequiir a �'ir� lset forth in G. S. 160A-364 . (Same as G. S. 153A-323. q requirements set Rpcommendat iQn, Having completed this summary, I recommend the following: 1 . That the County seek to establish uniformity in its ordinance amendment procedures. Although there is general consistency, there are variations In For example, one procedure may Indicate "not less deta days prior to a hearing" while another may require "10 days" . 1 rill recommend to the Ordinance Review Subcommittee of the Planning Board that they undertake, with Staff assistance, amendments which achieve this goal . 2. That a County policy governing be established. I will recommend 11ton the fCommunications Subcommittee of the Planning Board that- they undertake this task with Staff assistance. Should you require additional information, let me know. -Q,C,UC 0-6 Marvin Collins Planning Director • ORANGE COr c'I`y PLAX L'`G DEPARTMENT BILLSBOROUGH 11 _ NORTH CAROLINA. .,....o-8 crs: PT- .,,, 4,..' M E M O R A N D U M TO: Ordinance Review Committee FROM: Greg Szymik SUBJECT: Notification Requirements DATE:DATE: -. March 31 , 1987 III At the March 10, 1957 public hearing, Orange County residents expressed confusion about notification procedures for public hearings. The Chair of the Board of Commissioners asked that County ordinances be reviewed to determine if there were inconsistencies in public notification procedures. Marvin Collins conducted that review and transmitted the results of that review in a memo dated March 11 , 1957 (copy attached) . That memo made two recommendations. The first was to establish uniformity in the ordinance amendment procedures b amending the ordinances to eliminate minor inconsistencies. The response to that recommendation in the form- of proposed amendments to the Zoning Ordinance (Article 2.3.3) and to the Subdivision Regulations (Section VIII—B) 1s attached. Please note that these amendments do not address the written notification procedures in the notification is now required for ZoningdiAtlassamendments,� Special Use Permits, and Variances. ordinance text revisions. As indicatedlinitheotmemouofe March _for 11th, In the second recommendation, expanding notification will require a policy decision to be made. Until the policy is established, we will not know whether ordinance revisions are needed or desired. S 7 7 11 :) General Statute requirements do not include a requirement for posting property . Since no minimum time period for posting is required it is recommended that Article 2 be amended to require that property be posted at least 10 days before the Board of Adjust- ment meeting. This will be consistent with the posting requirement in Article 20 and consistent with the newspaper notice requirement. EXISTING ORDINANCE PROVISIONS: 2.3.3. 4 The Board shall give notice of matters coming before it by causing public notation to be placed in a newspaper of general AMENDED circulation in Orange Count 2-9-83 shall appear once a week for �twohconsecutive 7-2-84 weeks, the first insertion to be not less than ten ( 10 ) days not more than twenty-five (25) days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. In the case of application for a Class B Special Use Permit or variance the Zoning Officer shall give written notice by certi- fied mail to adjacent property owners. This notice shall be given not less than 15 days prior to the meeting date. Adjacent pro- perty owners are those whose property Iles within 500 feet of the affected property and whom are currently listed as property owners in the Orange County tax records. The Zoning Officer shall also post on the applicants affected property a notice of the Board meeting at least 15 days prior to the meeting date. PROPOSED AMENDMENT: 2.3.3. 4 The Board shall give notice of matters coming before it by causing public notation to be placed in a newspaper of general AMENDED circulation In Orange County. The notice AMEN83 shall appear once a week for two consecutive 7-2-84 weeks, the first Insertion to be not less than ten ( 10 ) days not more than twenty- five (25) days prior to the meeting date. In computing the notice period, the day of publication is not to be included, but the day of the hearing is to be included. 117 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 26, 1987 Action Agenda Item IC- lc -a SUBJECT: SUBDIVISION REGULATIONS AMENDMENT - SECTION III-B-3 STAFF REVIEW DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik Existing Regulation Section III -B-3 Proposed Revision to Section III-B-3 Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 .URPOSE: To receive citizen comment on proposed amendments to Section III-B-3 of the Subdivision Regulations . BACKGROUND: Section III -B-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and Final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans . To prevent Planning Staff review of Sketch Plans from being considered a permanent approval , a revision of the regulations is proposed. The proposed revision places a time limit of one ( 1 ) year on the validity of the Planning Staff Sketch Plan comments and clarifies language in the regulations regarding the significance of the comments. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987 . 111) PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Section III -B-3 Staff Review ORIGIN OF AMENDMENT: x_ Staff BOCC Publicing Board Other : STAFF PRIORITY RECOMMENDATION: —�--H i g h�.�Middle x L ow Comment: EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Section III -B-3 of the Subdivision Regulations by adding a time Iimit to the Sketch Plan review . IMPACTS/ ISSUES: On February 24, 1987, the Board of Commis- sioners suggested that a time limit be placed on the validity of sketch plan review comments. Sketch Plan review is the initial step in both minor and major subdivision review. At present there is no time limit on how long the review is valid. Since the review is based on ordinances in effect at the time and ordinances are regularly amended, review comments can become inaccu- rate as amendments are adopted. A time limit on the validity of review comments will reduce the potential for the comments to become inaccurate and for them to be presented as essentially a vested approval perhaps several years after the review was made. Further clarification of language describing the Sketch Plan review as not being an action of approval will also provide better definition of the review. EXISTING ORDINANCE PROVISIONS : III -B-3. Re,y_j,g Within thirty (30) days of the submission of the Sketch Plan, the Planning Director shall review the proposal for general compliance with the relevant ordinances, codes, and policies and for the general suitability of the land for development and determine the existence of proposed sites for schools and other public facilities. The Planning Director shall 121 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 26, _19B7 Action Agenda Item JC - b- b SUBJECT: SUBDIVISION REGULATIONS AMENDMENT - SECTION VIII -B AMENDMENT PROCEDURE DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT( S) : INFORMATION CONTACT: Greg Szymik 3-11 -87 Memo from Planning Director 3-31 -87 Memo from Greg Szymik Existing Ordinance-Section VIII -B Proposed Amendment to Section VIII -B Telephone Numbers Hillsborough - 732-8181 Durham - 688-7331 Mebane - 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on proposed amendments to Section VIII-B of the Subdivision Regulations. BACKGROUND: Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances have been reviewed to identify inconsistencies. To eliminate the inconsistencies and make the procedures uniform for all ordinances, two amendments have been developed: ( 1 ) An amendment to Article 2.3.3 of the Zoning Ordinance ( Separate public hearing item. ) ; and (2) an amendment to Section VIII B of the Subdivision Regulations . The proposed amendment to Section VIII-B would require that the first advertisement of a notice of public hearing regarding a proposed ordinance amendment appear in a newspaper not less than ten ( 10) and not more than twenty- five (25) days prior to the hearing . The amendment would provide uniformity between advertisement requirements in the . Zoning Ordinance and the Subdivision Regulations . Currently, the first advertisement must appear in a newspaper not less than fifteen ( 15 ) days prior to the hearing. RECOMMENDATION: The Planning Staff recommends approval of the proposed amendment. O R A N G E C O U N T Y INTEROFFICE MEMORANDUM, 123 TO: Ken Thompson, County Manager FROM: Marvin Collins, Planning Director SUBJECT: Notification Requirements DATE: March 11 , 1987 COPIES : Geoffrey Gledhill , County Attorney Barry Jacobs, Planning Board Chair Greg Szymlk, Planner III (Current Planning ) Gene Bell , Planner ill (Comprehensive Planning ) As requested, this memorandum summarizes State and local requirements governing legal notices. Please note that this memorandum has zoI been pre—audited by the County Attorney. General + .Df1ifs Brrad .merIs Before adopting or amending any ordinance authorized by G.S. 153A — Article 18 ( counties) or G. S. 160A — Article 19 ( cities and, in some instances, counties ) , a public hearing must be held. Notice of the hearing must be published once a week for two 0 successive calendar weeks. The notice must be published the first time not less than 10 days nor more than 25 days before the public hearing date. Ordinances and/or related items covered by Articles 18 and 19 are as follows: Counties Cities Article 1La hr�.lss.e 12 General Prov4slons General Provisions Subdivision Regulation Subdivision Regulation Zoning Zoning Building Inspection Building Inspection Community Development Community Development (C) Historic Districts (C) Historic Properties Commissions (C) Open Space Acquisition (C) Minimum Housing Standards (C) Appearance Commissions ( S) Erosion/Sediment Control ( S ) Floodway Regulations "General Provisions" includes territorial jurisdiction, planning agency creation and other supplementary powers. (C) indicates that the statute covers cities end counties, with both subject to • the notice requirements listed above. (S) indicates that a separate act or statute exists for counties without specific notification requirements. Amendments to the Schedule of Euilding Permit Fees and the edoption of supplementary Building Code regulations also track the requirements of G. S. 153A-323. The adoption of a P 1 n imur Housing Code for Orenoe County followed the requirements set forth in G. S. 160A-364. (Same as G.S. 153A-323. 3eeom!nnendpt i one Having completed this summary, 1 recommend the following: 1 . That the County seek to establish uniformity In its ordinance amendment procedures. Although there Is general consistency, there are variations In details. For example, one procedure may indicate "not less than 15 days prior to a hearing" while another may require "10 days". I rill recommend to the Ordinance Review Subcommittee of 1-he Planning Board that they undertake, with Staff assistance, amendments which achieve this goal . 2. That a County policy governing public notification be established. I will recommend to the Communications Subcommittee of the Planning Board that they undertake this task with Staff assistance. Should you require additional information, let me know. vattgald uotwatip Marvin Collins • Planning Director • 127 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Subdivision Regulations REFERENCE: Section VIII -B Amendment Procedure ORIGIN OF AMENDMENT: x,Staff Planning Boerd_x__BOCC Public Other: STAFF PRIORITY RECOMMENDATION: ��—High x_._Middle Low Comment : EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Section VIII -8-2 of the Subdivision Regulations making public notification procedures for ordinance amendments uniform among ordinances. IMPACTS/ ISSUES: The general public has been somewhat confused by different public notification procedures , used to amend different County Ordinances. A review of amendment procedures used by the Planning Department has identified several minor inconsistencies in notification procedures. This amendment will eliminate one such inconsistency. Notification procedures for amendments to the Subdivision Regulations are contained in Section Vlil of the Regulations. The time frame specified in this Section for publish- ing notices of public hearing in newspapers Is not the same as similar requirements for amendments to the Zoning Ordinance contained in Article 20 of that ordinance. Section VIII -B-2 specifies that the notice should appear not less than 15 days prior to each hearing. Article 20.6 specifies not less than 10 days nor more than 25 days before the public hearing. Since the Subdivision Regulations Is an ordinance adopted by the Board of Commis- sioners, it is recommended that the Sub- division Regulations Amendment Section be amended to be made consistent with the requirements of GS i53A-323 and specify that the notice of public hearing appear not than 10 days and not more than 410 leys before the 25 days public hearing. 104 rJ PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: 5. 1 . 1 Schedule for Residential Developments ORIGIN OF AMENDMENT: _Staff Planning Board BOCC Public Other: STAFF PRIORITY RECOMMENDATION: High x Middle Low EXPECTED PUBLIC HEARING DATE: May 25, 1987 PURPOSE OF AMENDMENT: To revise Article 5. 1 . 1 of the Zoning • Ordinance by adding Required Minimum . Recreation Space Ratios for PD-MHP. IMPACTS/ISSUES: Article 5. 1 . 1 contains the required minimum ratios for Planned Developments. The Article as it presently exists does not contain minimum required recreation space ratios for Planned Development-Mobile Home Parks, This raises the question of whether recreation space can be required for mobile home parks when no minimum is specified. Not requiring recreation space is undeslr- able and, since it is required of other Planned Developments, inequitable. The proposed amendment will resolve the problem by establishing the minimum recreation space ratios for Planned Development-Mobile Home Parks. EXISTING ORDINANCE PROVISIONS: (See attached) PROPOSED AMENDMENT: ( See attached) r.. :. . 411 • 44 4 EXI5TIIIRDINANCE 5.1 . 1 SCHEDULE FOR REST TEAL DEVELOPMENT, SINGLE AND TWO FAMILY Przo IONS MIN ISID , iN LOT ENTIAL HOTELS, ROOMING HOUSES, ETC. AREA PER MIN. REQ. REQ. LOT DWELLING MIN. CROSS MAX. REQ.MIN. REQ MIN. REQ MIN. FROHr SIDE It REAR MAX.BLDG. LAND AREA LUI FLOOR AREA OPEN SPACE LIVEABILITY RECREATION UNIT WIDTH SETBACK SETBACK HEICHT (PD'S ONLY) RATING RATIO RATIO SPACE RATIO LOT 87, 120 130 40 20 25 SPACE RATIO PD-1 87, 120 - _ _ - - - 028 PD-2 87, 120 - - 25 174;240 22 .058 .84 .75 .034 PD MHP 87, 120 - - - N/A 871 ,200 22 toy 40,000 150 _ 40 20 25 .058 .84 .75 - AftPD,12 40,000 _ _ _ - _ _ _ PD-Z 40,000 _ 25 80,000 22 - .028 PD MHP 40,000 _ _ 25 80,000 22 .056 .8d .75 '034 LOT 40,000 - N/A 400,000 22 .058 .75 RI PD-1 40,000 130 40 20 25 - _ _ .84 .75 _ PD-2 PD-MHP 40,000 _ _ - 25 80,000 22 - - .028 0 00 _ 25 80,000 22 .058 'B4 •75 .03I .84 .034 for 20,000 1Dp .75 PD-1 _ 30 15 25 _ PD'2 2 PD•MHP 20.000 - - - 25 95000 29 .076 .82 .7a .056 N ,� 400000 .081 '82 .72 .062 for 15,000 100 2 PD-1 30 15 25 _ _ - ft 3 PD.1 - _ _ - _ _ �1 PD MHP _ _ -_ - 25 30000 30 .100 .65 .074 3I .107 .80 .077 LOT 10 000 •62 .080 PD-1 ► 75 25 10 25 U ft4 P0.2 - _ - - PD-MHP _ _ _ _ 25 15,000 35 •141 .78 .54 .111 36 .152 .78 .117 cry for 7,500 Sp 20 10 ..� .513 3 o R5 PD-T _ - 25 - 38 .174 .77 - PD 2 - - 25 10,000 40 .200 .52 .19 7 c� - - - 25 10 000 41 .214 .76 . .52 .200 LOT Z ft8 PD-1 5.000 50 20 8 25 - 43 .76 .51 .203 U PD-2 _ - 25 7,000 95 .283 '75 .49 .299 7,000 .46 '74 .48 .296 ry for 3,000 Sp 20 - 25 .303 .73 .46 .302 R13 I3 PD-T _ 8 25 - 48 .348 .73 PD-e - - _ - 25 5,000 50 .400 .45 .494 25 5 000 51 .72 •44 .497 for .429 .72 .43 .500 LCI PD-1 = 35 _ _ _ _ tot _ _ _ - 35 5 000 30 .100 .80 .65 .074 NC2 Pot _ _ _ - 35 - 31 .307 .80 .62 .080 PD-2 _ - 35 5,000 90 - _ tot CC3 PO-1 _ _ - - 45 .5I 5. 000 41 .214 .76 .117 PD-2 - _ - - 45 5,000 50 - - .197 4s 5 000 .429 .72 .44 .200 EC5 tar LOT 40,000 180 90 2 20 25 UI PDA - _- _ - 35 _ PD-2 - - - - 35 5,000 40 .200 .76 .52 .1 41 .219 .76 .5I .117 4 005 O R A N G E C O U N T Y BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date May 26, 1987 Action Agenda Item IC -2 SUBJECT: DRAFT LITTLE RIVER LAND USE PLAN DEPARTMENT: PLANNING PUBLIC HEARING X Yes No ATTACHMENT( S) : INFORMATION CONTACT: Gene Bell Draft Plan Text Comparison sheet of 1981 Plan with Amended Plan Map of Existing Plan Citizen Survey Results TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688_7331 411 Mebane -- 227-2031 Chapel Hill - 968-4501 PURPOSE: To receive citizen comment on a proposed ORANGE COUNTY LAND USE PLAN, Section3.7 amendment ITTLE to RIVER TOWNSHIP. The proposed amendment addresses changing land use and population patterns in the Township. BACKGROUND: The Orange County Board of Commissioners adopted the current Land Use Plan for the County in September 1981 . As part of the ongoing process of refining the Land Use Plan, it was intended that specific portions of the county would be subject to further study by the Planning Staff and Planning Board in the form of Area Studies. A number of Area Studies have been included In past Planning Department work programs. The Little River Township Plan coincides with a , five year plan update schedule specified by the Commissioners in 1981 . Considerable effort has been made to Inform and involve as many of the Township ' s residents as possible, as well as other interested individuals and groups, in the process of the Plan update. The process formally began with the re- activation of Township Advisory Councils (TACs) on a county- wide basis in March 1986. Since that time eleven TAC and public Information meetings have been held in Little River Township dealing with the Plan update and related issues . The Planning Department has compiled and analyzed data on soils, topography, hydrology, land use, and transportation in the study area. This information, in part, provides the 007 MAJOR DIFFERENCES BETWEEN THE 1981 AND 1987 LITTLE RIVER TOWNSHIP PLANS Circulation : The 1981 plan simply describes the circulation system. The 1987 plan places greater emphasis on the circulation patterns and traffic flows on arterial highways. Environmental Constraints: Adds water supply watersheds, recognizing that Little River Township is in the basins that supply Durham, and potentially Hillsborough and Chapel Hill , with water. Cultural and Natural Resources: Added to 1987 plan. Existing Land Use: Added to 1987 plan . Development Trends : Added to 1987 plan. Focuses on building and subdivision activity and the potential impact of Treyburn. Organizing Concepts: Adds "Existing drinking water supply watersheds in the township should be developed in a way that will minimize impacts on water quality and not . conflict with agricultural uses." Projections: Population projections are scaled down in the 1987 plan . New households, however, are increased based on a smaller average household size. Acreage requirements are scaled back based on smaller lot sizes. Distribution : Two new categories are used in the 1987 plan ; Resource Conservation Areas and Agricultural Protection Areas. Additionally, the activity node at Harris Crossroads ( LR-5) has been removed from the plan. Amendments and/or additions to the 1981 009 Township component have been underlined. DRAFT LITTLE RIVER TOWNSHIP PLAN An amendment to Section 3.7 III of the Orange County Land Use Plan, May 1987 011 INTRODUCTION The Orange County Board of Commissioners adopted the current Land Use Plan for the County in September 1981 . As part of the ongoing process of refining the Land Use Plan it was intended that specific portions of the county would be subject to further scrutiny and study by the Planning Staff and Planning Board in the form of Area Studies. A number of Area Studies have been included in past Planning Department work programs and the Little River Township Plan coincides with a five year plan update schedule specified by the Commissioners in 1981 . Considerable effort has been made in inform and involve as many of the Township ' s residents as possible, as well as other interested individuals and groups, in the process of the Plan update. The process formally began with the reactivation of Township Advisory Councils (TACs) on a county-wide basis in March 1986. Since that time eleven TAC and public information meetings have been held in Little River Township dealing with the Plan update and related issues. The Planning Department has compiled and analyzed data on soils, topography, hydrology, land use, and transportation in the study area. This information, in part, provides the base for identifying planning issues an concerns in the area. The overriding concern is growth, not Just in the study area, but also in adjacent areas to the south and east. The potential impacts of this growth on the man-made and natural environment are presented in the following narrative which, in turn, is followed by the text of the proposed plan. 3.7-1 013 lious tng Stock and Household S t&e The housing stock of Little River Township in 1980 consisted of 576 units. Five years later that number had increased by one-third, to an estimated 763 homes. Manufactured housing accounted for almost half the increase. Overall , though, site built homes represent three-quarters of +-he Township' s total housing stock. Ownership is the predominant form of tenure for Township residents. Of all occupied homes in the Township between 85-90% are owner occupied, Little River Township has followed the national and state trend of gradually decreasing household sizes. The average household in the Township had 3 .30 persons in 1970. By 1980, though, that figure had dropped to 2.59 persons per household. Circulatign A modified version of the North Carolina Highway Functional Classification system is used to describe the county 's road network. This system describes parts of the network based on mobility and access factors. The most important roads, Interstates and arterial highways, provide the shortest travel time and best service to and from . important activity centers. Roads of lesser importance, collector roads, do not provide as good a service function, but do provide large areas with access to major roads. Local roads function in the most limited service capacity, but in aggregate serve to provide large land areas with access to the collector and arterial systems . The two major roads in Little River Township are arterial highways; NC57, extending northeasterly from Hillsborough to Roxboro; and NC157 , which runs in a southeasterly direction toward the City of Durham. These two routes form an "X" pattern which intersects in the center of the Township in the community of Caldwell . The collector Guess Road, the southern extension of NC157 , serves as the southeastern leg of the pattern. Other important roads in the Township include the collectors New Sharon Church Road ( SR1538) , Schley Road ( SR1548) , and Little River Church Road ( SR1543) . All other roads serve primarily local traffic. The objective of a transportation facility such as a_ street or highway is to accomodate a specific number of vehic es while rovidin the driver with a s ecific level of service. A level of service 'C' is frequently used as an appropriate criterion for highway and street design purposes and is defined by the North Carolina Department of, Transportation as a zone of stable flow with speed and maneuverability more closely controlled by higher volumes. Levels of service range from 'A, ' which is a condition o free flow with low volume and high speed, to the forced flow operation at low speeds that defines level of service 'F . ' 015 TABLE 1 LITTLE RIVER TOWNSHIP FARMLAND TRENDS, 1955-1977 Acreage 1955 1977 Change % Change TOTAL CROPLAND 6997 ac. 5016 ac. -1981 -28.3 TOTAL PASTURE 3695 ac. 2258 ac. -1437 -38.9 ALL FARMLAND 10692 ac. 7274 ac. -3418 -32.0 source: North Carolina Crop and Livestock Reporting Service Natural Environmental constraints Little River Township contains the following natural environmental constraints to development activity: floodplains, steep slopes, poor soils, and water supply watersheds. Floodplains : Most of the Township ' s 100-year floodplain acreage lies along the Township ' s two major waterways, the North Fork and South Fork of the Little River. Smaller amounts lie adjacent to Forrest Creek and Lick Creek. These streams flow through relatively narrow valleys so the extent of flooding during 100-year floods is not great. The floodplain rarely extends greater than 500 feet from the center of the stream and covers less than five percent of the Township ' s total acreage. This amounts to approximately 1230 acres. Steep Slopes Steep slopes present a constraint to development because they increase the potential for runoff and erosion. Steep slopes and the soils associated with thug pose additional problems for the use of septic tanks. There are only a few areas in the Township with steep slopes, those greater than fifteen percent. These areas generally border the North Fork and South Fork of the Little River, and Forrest Creek. Solis : The soils that predominate in the Township fall under the Georgeville-Herndon Association. These soils tend to be deep and well -drained, suitable for most land uses. The northwest portion of the Township, however, is characterized by the more heavily clayey soils of the Appling-Helena Association. While adequate for many land uses, these soils are nonetheless rated •oor for septic tank absorption fields and most building types because of poor absorption and shrink-swell problems. The stream valleys of the southern portion of the Township, along with additional areas in the extreme southeast, contain large areas of soils characterized by the Tatum-Goldston Association. These soils are associated with thin surfkcA. layers and steep slopes and are unsuited for most non agricultural development land uses. 017 of Caldwell along NC157 also has a large amount of land in residential use. The southwest quarter of the Township, which contains the communities of Caldwell , Schley, and Underwood ' s Store, contains most of the land in commercial and ns u ona use. Development Trends As mentioned above, the housing stock of Little River Township increased by one-third during the five year period ending in 1985 . The 1980 Census of Housing recorded 576 occupied dwelling units in the Township with 187 new units added during the next five years. The number of new units built between 1980 and 1985 was almost equal to the number of units built during all of the 1970 ' s . Subdivision activity has been equally active. From 1980 to 19$5 , 144 new lots of less than ten acres were created. The largest number of those lots were created in the southwestern and southeastern portions of the township. With one exception, the number of new residential lots created each year since 1980 has exceeded the number of lots created the preceding year. The trend has continued, with eighty four new lots created in 1986 , more than double the number created in 1985 . The increasing rate of development and subdivision activity is expected to continue and proceed at an even ifaster pace. The Treyburn mixed-used development project, covering 5,200 acres in northern Durham County, is expected to create between 20,000 and 40, 000 jobs and 4,000 housing units for 12,600 new residents by the year 2005 . If just 15% of the new housing demand created by Treyburn locates west of the project, with the demand evenly split between Durham County, Eno Township, and Little River Township, as many as 550 new units would be built, almost doubling the 1980 housing stock. This new housing stock would be above and jaeyond that which is already predicted for the Township through the year 2005 . Treyburn could have a significant impact on more than just the housing stock in Little River Township. The already strong commuting patterns linking Little River Township with Durham would be reinforced and traffic, in general , would increase significantly Township-wide. Five hundred fifty new homes could generate upwards of 5,500 trips daily along township roads, with 345 vehicles traveling to or from work during the peak rush hour, 4 3.7-7 019 Table 2 summarizes population estimates and projections for population, while Table 3 projects the number of homes required to meet the demand of new residents. The average household sizes used in Table 3 assume that the trend of smaller household sizes will continue, leveling of owar s the end of the twenty year planning period. The population projections are based on the average annual growth rate from 1970 to 1986, projected out from the estimated population in 1985 . The growth rate used for Little River Township, 3.47% per year, is similar to those used by Durham County (3. 0% per year) and Durham city (3.5% per year) in their comprehensive plan projections to the year 2005 . Table 4, using the projected number of new households, estimates land requirements for the next twenty years. TABLE 2 LITTLE RIVER TOWNSHIP POPULATION PROJECTIONS : 1980-2005 a b c c c c 1980 1985 1990 1995 2000 2005 TOTAL POPULATION 1493 1970 2337 2771 3287 3899 POPULATION CHANGE ---- 477 844 1278 1734 2396 FROM 1980 ( NUMBER) a Source: 1980 Census of Population b -"eased on building permits issued by Orange County Plannin_9 Department. c Projections based on a standard exponential extrapolation of the 1970-1986 average annual growth rate of 3. 47% per year. 3.7-9 The projected population of 3,899 residents in the year 021 2005 would require an estimated 1 ,049 dwelling units beyond what existed in 1980 . This would place an additional 2,068 acres of land into residential use, based on the average size_ of a lot subdivided from 1980 to 1986 . In addition to residential acreage, residential development creates in its wake the need for land to accomodate institutional and commercial uses, such as churches, shopping facilities, and recreational activities. The 1986 ratio of commercial and institutional land to residential land was 1 : 10 . The rate of residential growth, however, grew faster than the rate of commercial growth between 1980 and 1986 . Hence, a ratio of 1 :20, or 0.05 acres of non-residential land for every acre of residential land, is used. This brings the total land requirements to 2, 172 acres. Allocation of Growth The primary task of the Land Use Plan is to geographically allocate growth throughout the Township in accordance with the County-wide goals and policies and the Township organizing concepts. In actuality, the amount of land allocated to accomodate projected growth is substantially greater than the calculated need . This allows for variations in the availability of land and the exercise of market forces. The following allocation guidelines for Little River Township are derived from County and Township policies that create the process for determining in what direction new growth is to be channelled : o Most of the Township 1s best suited for agricultural purposes and should be maintained in that use. o Areas best suited for low density rural non-farm growth are areas in the southern portion of Little River Township with direct arterial and collector_ access to Durham and Hillsborough . o Low intensity rural commercial and industrial land uses should be located in proximity to activity nodes in order to discourage strip development and maximize efficient and compact use of the land. information about land in the Township is filtered through a set of locational criteria, including the allocation guidelines, to determine whether a specific land use is appropriate for a particular area. The resulting analysis creates the basis for the classification of land in Little River Township. P i,strJ b ut i on of Land Use Nan Categories Land in Little River falls into four land use 7 7_ , 1 023 REFERENCE: LR-2 ( Schley) LOCATION: NC57 and Schley Road ( SR1546) PLAN CATEGORY: Rural Community EVALUATION: The node is located at the intersection of an arterial highway, NC57 , and the collector, Schley Road. As with Caldwell , Schley has a strong existing community identity. A church and Grange hall comprise institutional uses within the node. There are no existing. commercial uses in the node. No natural environmental constraints hinder the development of a rural community node in this area. The absence of public water and sewer during the plan period will be the major inhibitor to commercial growth within the node. REFERENCE: LR-3 ( Underwood ' s Store) LOCATION: New Sharon Church Road ( SR1538) and Schley Road ( SR1546) PLAN CATEGORY: Rural Neighborhood EVALUATION: This node is centered on the intersection of two collector roads in the extreme southern portion of the township and is the closest node to that portion in southeastern Little River Township designated Rural Residential . There is one commercial establishment currently operating within the node. No natural environmental constraints hinder small scale commercial development within the node. • REFERENCE: LR-4 ( Berry ' s Grove) LOCATION: NC157 and Holly Ridge Road ( SR1524)/Brown Road ( SR1516) PLAN CATEGORY: Rural Neighborhood EVALUATION: This node lies at the intersection of an arterial highway, NC157 , and the collector, Holly Ridge Road. There is a church within the node that serves as a community focus. No environmental constraints hinder small scale development and no disruption of residential uses are foreseen by commercial or industrial development. Of the four nodes in the Township, Berry ' s Grove is the only one fully in the northern half Qf the Township., There are no existing commercial uses in the node. • 3.7-13 025 • Top what extent are the following growth and quality of life issues a problec in Little River lownship? major minor not a problem problem problem unsure DEVELOPMENT ISSUES Growth of Durham to the northwest 501 231 241 5X Loss of agricultural land 451 271 271 OZ loo ouch residential development 411 361 231 01 Conflicts between agricultural and 321 271 361 51 other uses Conflicts between residential and 231 121 361 71 other uses Uncontrolled residential devlopment 231 231 411 141 . Too little residential development 01 181 731 91 ENVIRONMENTAL ISSUES Soil erosion 451 411 71 51 kater pollution 361 271 231 141 Development in environmentally -. sensitive areas' 271 451 231 51 INFRASTRUCTURE 6 SERVICE ISSUES inadequate roads 271 451 271 Cl Police protetion 341 451 121 91 availability of green boxes - 141 451 361 51 affordbake housing 9Z 231 w1 141 lack of convenient shopping 91 231 591 91 e., fire protetion rr 101 641 141 major minor not a problem problem problem unsure How would you view a hobile Home Park locating within 1 mile of your home? 73 91 141 51 How would you view a major highway serving lreyburn passing through Little River lownship? 411 411 71 71 • what are the three bigaes; problems you believe will face Little River Township ten years fro` now 027 1. Inadequate roads 0 2. Uncontrolled residential development (Tie) Growth of Durhau/Treyburn Disenfranchisement Too High Taxes Responses: Uncontrolled residential developaent 11.11 6rowth of Durhaa/ireyburn 6.72 Loss of agricultural land 4,4% loo much residential development 4.42 Strip development 4.42 Conflicts between land-uses 2.27 Lack of zoning 2.21 DEVELOPMENT ISSUES (TOTAL) 35.61 of all responses 47.41 of all respondents Inadequate roads :5.62 lop high taxes 6.72 inadequate water supply 2.22 Too high urban expectations 2.22 INFRASTRUCTURE ISSUES (TOTAL) - 26.72 of all responses 52.62 of all respondents Disenfranchisement 6.72 Other political issues -. = 6.72 Adlik..77. Institution of zoning - 4.41 To much government interference 2.22 - POLITICAL ISSUES (TOTAL) - 20.01 of all responses 31.62 of all respondents Diminishing water quality 4.42 Soil erosion 2,22 Development in sensitive areas 2.22 ENVIRONMENTAL ISSUES (TOTAL) E.91 of all responses 21.11 of all respondents General quality of life 2.22 Affordable housing 2.22 . Lack of local employment 2.21 Lack of local social outlets 2.21 DUALITY OF LIFE ISSUES (TOTAL) 6.42 of all responses 15.21 of all respondents • :' ' wl .i• ' r� WILDwOOD-SECTroN .7 �'�5 _ ; -- - APPLICANT: WILDW00D CORPORATION • � - - - 1' LUP: Ten Year __ r ar Transition ._. ^' - CurrRnt Zonin � Froposao Zontn RRSioRntial-'L 1 SCAR: 1" t 400' R�aioantial-d • �n 3-i7 4C _ - .Bs • - - :::::-.-:%.--'■..,.„......, • �'tG44 4" \ ;,, " - ! ( 1' -3 �.- - . � sir Mc7 ��o0. • 7\ \ows_ '� ' ~48/6 ,' �5; 1 .-{- �1` •ERN r t\ ,; i \. �]s2 X �S- �`� ;S Jfgb ��. -Kos . i . • \ 'i a 1,11-Fait . aDBP.661 .0 r� starn,..� I + «R' 1 I•":-._a _ !Slit , 1 R6:C' sT4 C. h �� ( , RC•�0 /� w7r� • T t 19B `1 _ rn 'T t •'w (• a .1 1 S ' ED) Y. 1.4C,"...:.7.:;..,./.--;";:..".. A ... a 1 . ..... \ \ I� I • •f--iv='�l ...---," 4.R4.L• SEE: IMAa.Sp _� r +r 1."• .. rte.. I - . +\ �/ TY _ s 1 {AG / "cl r, lKr� a .R.'I ......%a ... .... 7---\. ., -.. -- 7 ; _, . _ .rl sC- •. ., ..,..4 • • -%3 +-.4,z i t_-r-77- Lam. 3� . • �� .1•. I t 1 ': 1' --• / . Set .... L_ 2 a� t - , YAP qst 11,E _.. _ . 7 • I .I (164 I i.6 • `:, , r_-_ tL _ I iV 12-I I l'"--- j: 24 y ova... S+' • 07! G .I-I M °w a 'V c x a p1 .§ u W - • a • - 0. •* a V o .� m d v 0 Z d 4 A -. z - nor a. I .7 !J a 9 r .I .-t a a c 0 b 0 m H 0 d C � , ^o G C A0.. � 0 C a J 0 a 0 �, .-f ETJ sa Ra O to b • 'J a 1) a v w d a y, x h a E-1 14 - co 3 M y a b 1-1 c' ro b 1 a a ° o _ m 0 . .v ._• . - -. - . . V-a• 0 0 0 - - u .14 d t °O rl LZ ..._Z -v 1.4 . W =PM .1.1 • b D a O N k co• 1 U C ././ C O E t 4 C- 1 c a 1r - �' 0 J., a . J - a 3-t CO -'.3 Cl 1.d- C) 0 . t- a a C) to h 7. t A a EL • 0 • �' x a pc W NI • hi a .-C n.) 0 a .� a DOCLI V a m 3 -0 'C 0 A o d --, V u c c . a 0 -a c` c a7 a '12 -. r Z' a cr- )) 3ai G 0 E +a C M O -00 C:'•:,. 0Z1 a ).. C ESC LI J.J L7 in d . � to -+•I EO A EU L' Na "O U L 4 ,-7.'r co >a-, ao a .-I 0 . c a ...+Z N 34 .CO 0 E!j • iJ 4.1 0 CO L.1 0 0 C) •'�EA u V Sa E - N •ri Y+ U Z )4 0. X rl a L U It 0 . y M 7, r C C) IQ •10 O F E+ w < a G C -2- PROPOSED USE (continued) U'7 compatible with surrounding residential and rural land uses. A c • ontinuation of the Wildwood subdivision is ems• cohesive P fitted within the Land Use Plan. LOCATION The 28.$0 acres of property requested for r ezoning is located south of I_85, The y re q west of N, e close proximity of 1_85 N.C.86 and transportation to employment and N.C.86 offers convenient and safe p yment centers and service areas_ Wildwood Subdivision is located one_ quarter of a mile south of a commercial-industrial node on N.C.86 as designated by the Land Use Plan. TRAFFIC CONSIDERATIONS The site has access to N.C.86 via John fireCkenrid e (via Oakdale Drive Extension). Left turn lanes w Dave and Walter Clark Drive expense on N.C.86 at the intersection of N. were added at the applicant's expense and Walter C.86 and John ive Clark Drive to handle the increased traffic. Traffic flow and . within the protect will be on public streets Traffic flow IIIbuilt to N,C,p,p,T standards. PUBLIC SERVICES All public services are available or will be made is served by a 12" water available to the site. W' accordance with the Town of ne and an 8" sewer line. Wildwood These i b extended in • extension of Hillsborough's policies and specifications. these water and sewer 'lines The but may also provide will not only serve this development, services to portions of abutting 4 °n the west side of the development. ZONING Wildwood Section IV is now zoned R-2. .. logical expansion of the existing subdT4isponpbsed R-4 zoning will to extended provide a public cater and sever lines. by taking advantage of existing • 4 O s I_ HILLSBOROUGH 203 S CrIURTOh STREET FIRE DEP PO BOX 30 �RT ENT HILLSBOROUG2 NC 27278 ESTABLISHED 1937 April 6, 1987 Mr. Lanny Freeland Apple Creek Realty Daniel Boone Village Hillsborough, N. C. 27278 Dear Mr. Freeland, In response to your request, this is to advise you that the Hillsborough is adequetely equiped and staffed to provide our usual level of fire protection to Section IV of the Wildwood development. As the largest and busiest suburban fire department in Orange County, we will have no problems providing service to this expansion of Wildwood. I hope that this letter will serve your purposes. If not, please feel free to call on me at any time. Sincere y, Mark Gordon, Chief ORANGE COUNTY U S3 HILLSBOROUGH • NORTH CAROLINA 27278 EMERGENCY SERVICES 106 EAST MARGARET LANE Established 1752 April 2, 1987 Wildwood Corporation of Hillsborough, Inc. P. 0. Box 765 Hillsborough, N. C. 27278 Gentlemen: Per your request, this is to confirm that Orange County Emergency Medical Services will provide medical and rescue services to Wildwood Section 4. We understand that this development is located in Orange County. Sincerely, ORANGE COUNTY EMERGENCY MEDICAL SERVICES Jeanette Smith, Supervisor JS:j �.r LINDY PENDERGRASS Sheriff of Orange County Hillsborough, North Carolina, 27278 . Office Phone: Hillsborough 732-2431 Chapel Hill 942-6300 • � Residence Phone: 929-5535 - TO: ORANGE COUNTY PLANNING DEPAR (g■ FROM: SHERIFF LINDY PENDERGRASS DATE: APRIL 16, 1987 RE: WILDWOOD SUB-DIVISION LAW ENFORCEMENT SERVICES For the Fiscal Year 1986, the Orange County Sheriff's De calls for service countywide. County planning Department responded to 1,7022 45,000 persons listed within the county. p°Pulation figures show approximately for 00rpere persons ty' Based on these figures the ratio of calls countywide is .38 per person. Countywide the Sheriff's Department served 9503 civil and criminal papers for a ratio of .21 papers per person countywide. The proposed Wildwood Subdivision would be adjacent to areas that generates 565 calls for service in 1986. The proposed expansion would haYe 71 units, this increasing the population of this area by an estimate of 163 calls for service would be increased by 61.9 and paper service by 34. - Overall impact would be for 71.9 manhours tothe_Sheriff's Department. Service may be however er this addition combined ' f d 0 • � with`other expansions could cause the need for additional manpower to _maintain current, service levels. - - _ • • • R: . ORANGE COUNTY PLANNING DEPARTMENT OS 7 306F REVERE ROAD HILLSBOROUGH, NORTH CAROLINA 27278 •E Ink�;• MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: MAY 12, 1987 SUBJECT: Z-2-87 WILDWOOD SECTION IV GENERAL INFORMATION APPLICANTS : Wildwood Corporation of Hillsborough P. 0. Box 765 Hillsborough, NC 27278 LOCATION: Located west of NC 86 west of and contiguous to Wildwood Subdivision Sections 1 , 2 and 3 and south of the Southern Railroad right-of way in Hillsborough Township REQUESTED ACTION: Approval of Residential -4 Rezoning Request PURPOSE: To allow for development of single-family housing lots containing a minimum of 10, 000 square feet. LOT SIZE: 28 . 80 or 383,328 square feet. EXISTING LAND USE: Vacant wooded tract SURROUNDING LAND USE: NORTH - Southern Railroad Right-of-way EAST - Wildwood Subdivision Sections 1 , 2 and 3 SOUTH - Wildwood Subdivision undeveloped, wooded land Section 1 and WEST - Undeveloped, wooded land LAND USE PLAN: Designated Ten Year Transition Area in the Land Use Plan ZONING; The property p erty is zoned Residential -2. The Ten Year Transition Area plan category allows a range of residential zoning districts from R-1 to R-13 . MEMORANDUM TO: ORANGE COUNTY PLANNING BOARD FROM: MARVIN COLLINS, PLANNING DIRECTOR DATE: MAY 22, 1987 SUBJECT: WILDWOOD SECTION IV - DEVELOPMENT IMPACTS DENS LTY CONSJ DERAT I ON_S The current zoning designation for the proposed Section IV of Wildwood Subdivision is R-2. Discounting 15% of the land area for streets and 5 .6% for required recreation space, the maximum number of dwelling units which could be developed ( @ 20, 000 sq. ft. /unit) is 49 . If rezoned to an R-3 designation with a minimum required lot area of 15 ,000 sq. ft. and a recreation space ratio of 7 . 4%, 65 units could be developed. Finally, if rezoned to an R-4 designation as requested, with a 10, 000 sq. ft. lot area requirement and 11 . 1% recreation space ratio, 92 units could be developed. The resulting densities under different development scenarios would be 1 .7 units/acre @ R-2, 2. 3 units/acre @ R-3 and 3.2 units/acre @ R-4 . PUBLIC WATER AND SEWER_ 5ERyj CE The Town of Hillsborough water and sewer system currently serves Wildwood Subdivision Section I- Ill . Water is supplied through a 12- inch main extending from existing sections of the subdivision back to the city-wide system at U. S. 70 Business . ( See accompanying map . ) Additional mains would be extended into the proposed Section IV in accordance with Town of Hillsborough water extension policies . Sewage from the proposed Section IV would be collected from new sewer mains by an 8- inch gravity line extending along the eastern property line. The sewage would empty into the Wildwood pumping station, south of the Southern Railroad, where it would be pumped by a 7 . 5 duplex station through a 6- inch force main to U . S. 70 Business. The 6- inch line reduces to a 3- inch force main at that point, extending all the way to the wastewater treatment plant. ( See accompanying map. ) The 3- inch force main as well as the Wildwood pumping station are limiting factors in determining sewage transport capacity from the area. The Wildwood pump station has an average excess capacity of 14,725 GPD. The calculation of excess capacity included an ultimate build-out in Wildwood of 250 units and a proposed 60-unit motel at the I-85/N.C. 86 interchange. An R-4 rezoning of the 28 .8 acre tract could result in as many as 92 units, considering land removed from buildinn lots V' 4 .! ':-3 '�''�- ill ar /' N-4-1' ;,;�-jt��►�•.::�•-�:�:: / � _, - i ei - - ;/���%,�.■�/ Q, ,,b•�1��� ;', p, •'"„'•▪ ':M. :i _ • r, 4r.""•',, 630,_,,FG. 1' /) -,.._ �, -� �� BRADY P. S. �I1i�� .�. J \\,,,/„....(0 ,�. / v I J I � " 6 ja.^ ,,-/-, . ( • •! r 151 + cry C i f Oa '� 1 /P Li _ �1 1 . . • e 1-'14/ Q pr, vccc.c.\.6 ..-_,,, , 1110:;;._.- , rrf-r-. or/ r '`.- '' 7...;;;;,.....--1- r��~°' •'•waiter ._ - - i�'. (.; ' 8. Cry (� Al \1 �1 ,), z 4\.Ir .r 74 (1 Grp .•j, �1.--•. b g4 / ` -��44%;!-.-\' ...1:17;17 \ : ..._ '(, ..- . ill )/ 1\ I , (0 :'," 7- /-,(:•_.\-12:'--/,. n;'f . ..." .•;77(. r : 7 r!.. •7.---- ..:_4. : ‘, .1.17---- )_ .—' , .------ it —*:,, IA --A- ,a.—.C.--\r‘if ..; 'Jo '''1---7-- ' , . •‘'N' ' )110. s— .P.a. ' . ..r.... . \ . 0 . %I : ' ? 1 (' ....... 4. ..ye ,.,, ,.,--,, .......-, Oth ) IL) _ .......„..... • .. .. _., - ggr*,. 774-fi*--: 6 ttz‘_... ..s.,. / , -,---:, __:: 4._,A . .. ''::: ::-.Z.■ 4 ' ;4 .%. ;..■,..,.. ,:•11''' (!, (- Z%‘3 i.7. ." , it. 114 r''A r.6" ,i . • ' (I?) 0 : , N/:.;..'/•:\.). ".•.11 . F 1 'r Ir •only �,� Cam• ��1 !JA � 3 , •fines ( O•- -� • �1 � 1 - ��/ 1 C rte` .. /� �. 690' 0■L',. WILDWOOD �!, N•I( i '.i,t\T L-j)..)'t.)._. (1.'7!) 1 J y,c (..--•:::, ./ , ..) b. ' .1_-.-.--.......tc:ix,....;:? —.�- 1� ` •,...,__.s � ) �, s o + Grp. n J(1 r ...... 1121 1 r•s. ' 2•,-1.,-7%..ir: ilea ' n .,,......u?... ( ....Li.........,...1 ai; � ,,,,,,rdifi 4 10111111( 51(1/4,k. , -.4.,s.E J 7 ) f .y � : ~0 ; 1 .'.< <' WOODSEDG im \. 4t ' ri ` ....-2\- . dior...00 a - Trovoili) 411 7 ERNE - ' 1, , L . s --9 'bv t0 Tlzlt /bU = O Tr�l ' '�O o1= �[�jo 7FMIF�5 :54 t=>C-s Y. 1 f 7a°lo c� d-90 T�IF� p 0 Ito ti PIS,/r"v= 4w UJx A to p,�yE S � ctzt;A-n6f4 ARMA • b1 aD -f9 -pox IO TTZiF--71rx)' !1P 9 ' • -710 Tai p� J! V37 ' � - �•, o • Ai � do -tlzt�l ,y' . • � . . � d 1 �? I Leo Tl2lP� `trap ' a 1 I ov or ow `��M oG Ttiz1 A5= 1 3`77 1 } wirw -ogme m -y oPCN 5 N�Fj73 5L>M orm ALL. Trzt - 8 CIC C t w ci.�c i NG aal�t�nL � C G: tz- 4 ZONING t 92 -t,,v %c i a TTzIF,:-,/D[] = 9 20 Tfzt� 70 0 0J= 9 20 "r IF!;, . oo K � �4 O� tO ttz ems/bra _ 4 1-tL�� • 34o itz�P5 =y ar t z tv k w v to lutesi btu 4 eC� Tlahi �Ryp N I TFZiFS � dRGli 4 • _ Ld Eo 7y tl� x to TtzlP--,/PL.) •� ref VIF5 ; 20 tv sc. ' : = Q 74o MPS � o Ttz t • .�► Jo 10 4b Ql �p s • + ti6 tiLN Q ° 4► d F dLL_ lOT RIPS 1b NQ,� • • • • • �1 Tf-1 _ = 160 i174P5 ;ID�• • • Q' I or 10 86 a '' I 1 � SvM dK ALL Cs FScLi�t�l u� O AkDdLE� C.i^ viT t 097 The average daily membership is 758 students, with the excess housed in five (5) mobile units . Based on demographic multipliers used in fiscal impct analysis and under the different zoning scenarios indentified above, the estimated school age population (by grade distribution ) for Section IV ( assuming 2-bedroom units) would be as follows : Grade g=, £ &A K-6 8 11 16 7-9 1 2 3 10-12 1 2 3 Total 10 15 22 POLICE, FIRE AND RESCUE 5ERV ICES Services to the site will be provided by the Orange County Sheriff ' s Department, Orange Rural Volunteer Fire Company and Orange Rescue Squad. Courtesy review responses have been received from the service agencies which indicate an ability to adequately serve the site. TOPOGRAPHY The topographical characteristics of the property present significant development constraints. Approximately one-third of the land area extending along the eastern property line has slopes exceeding 15% . The presence of excessive slopes indicates that a "cluster subdivision" approach is preferable in development of the site, utilizing the western portion for building lots and combining the steep slope area to the east with the existing Wlldwood recreation area as open space. • FINDINGS OF THE ORANGROUNTY PLANNING DEAA?TlENT l PERTAINING TO APPLiCATION.- Z-2-8� WILDWOOD SECTION 1V BASED ON TiIE APPLICATION MATERIALS SUBMITTED, THE PLANKING STAFF RECOI-IMENDS THAT THERE IS EVIDENCE TO SUPPORT THE FOLLOWING FINDINGS : ARTICLE 20 - SPEC i FI C STANDARDS FOR EVALUATION/REZONING , ARTICLE 20 - SPECi FI C STANDARDS FOR EVALUATION/REZONI NG ('rYes'r indicates tom 1 1 ante• "jor' in dreates Noncompliance PLANNING STAFF FINDINGS BASED ON PLANNING 0rdinan cc Requl rem. nts SUBMITTED APPLICATION EVIDENCE__ SUBMITTED TO SUPPORT FINDINGS BOARD FiENDED The application must comply FINDINGS with all requirements speci- fied in Article 20 - Amend- ments. Those requirements include : 20. 32 a) Flap snowing affected X Yes No property at scale of Site plan provided at scale o not less f Yes N, tl'an l '= 100" nor more than 1 '- 1'r-100' 20" 20.32 b) legal description of _g__Yes No Description property p provided with tip app) lcatlan Yes N( 20. 3. 2 c) Explanation of alleged Yes No error, if any" to be corrected by No error alleged. Yes N( proposed amendment, 2O. 3.2 d) Changed conditions , i f X Yes No any , which make an"endment reason a- Applicant, Indicates that site Is adjacent 21es N( bly necessary to promote public to property ,being developed at R-4 and health , safety and general Welfare, R-5 residential densities. d 7.0. 3.2 e) Manner in which proposed x Yes No � Applicant indicates the property is located Yes No amendr.►ent will carry out purpose within a designated Ten Year transition A and intent of arlopted Comprehensive r_a. Plan, ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 101 HILLSBOROUGH, NORTH CAROLINA 27278 CERTIFICATE OF MAILING ZONING ATLAS AMENDMENTS ORANGE COUNTY, NORTH CAROLINA I , Eddie Kirk , Zoning Officer, Orange County, North Carolina, DO HEREBY CERTIFY that on or about May 8, 1987 , I mailed, by certified mail , postage prepaid, a Notice of the Public Hearing to be held on the Wildwood Section IV rez_gning from Residential -2 to ResjOntial -4 to each property owner as required by Article 20 Section 20 .6 .3 of the Orange County Zoning Ordinance. The notice mailed specified the date, time, place and subject of the Public Hearing on the zoning classification change. WiTNESS my hand, this the 22nd day of May , 1987 21,; EDDIE KIRK ZONING OFFICER \'; T r I+ �JIBQ , r, may._ }!� a �,.v• 11 30 MAp 6.72 A C. F/O 135.3 AC. t "AID ar a D3 M. 3 A i Ar"� '''fs+✓ Pro CAL. 2 r Ac. ,� I N.- e]i} /� }S.es 1.13 A Jk C. ,'� r-A _— —= JL�.� i.3 ell �. 6s �29 rid +°, k►VA ' .�{ r. '•� l i I�•r;l rli••1'f f 1 r' r .a I �� .Y� of' if , Q h �' j:�',1 1 R� +I. 1' �•1'1� + '+ i i + r f' + •f l' I'�' ' � �ti:�� f' � 'i1� 4 11r �� as f .1' ,'�11 !i�l. 1•;al,1r !�*, f �t G , f.' j' '. i�+�r S r �,I� ',f ':!' ;I% ./ !. •'. �• " '+f• ' j 1 I I f A 1 r+ f �•� ' �� I ,,,+ ;++f�•�I' f;�',' Par 75 . :t► �. ii1# ,j;i� ,1l I;r,� X11 �1I�.Si� �';� 1; :, ry UtAC. rroPaors I +. ��, +.. '•,�t:• •r. ,l+.i�'+1'h•����,t I�ll�1i.::il�I�� �"• '•r•r+. `�� , t� 1` �i'�, �•i � I r , .f • r +I i t �'f'r4 r:ll.l,li' (r r` 1:� �1I1]t f�t�1 f °I/t efv TIR 1t ,, ' � - �.���1'�� J :ri,I F � rte•. `�}.r, '''���, 1' �� �}/A� , •'� ,,,�.' Ii if '�{�i 1}` ;, + ' �.P'S�C \ Li :1.. 'f. `t,i •• :. i 1 AI 1i1' �► J I, +;.. �■�A FROJECT pot nit.. ;All A Sow NovirIC its !�Ar 1 1 A �! I °1 ''�'P#.rl���}i r � +tVTe �,1�I '��;F, .t ' '+ ` �• r,"� i`{ 1, if� '�'.-!- f� - I + ��, :Y', I ,, ��b. � t s' l�f.l�,�'14 .9 :+II.' } 't+ 8'1•'115' � / !.� 1 }'' � i �r, { �}�r'�i�A e•e 4b rf ' ' 1 wt, iii one undersigned do hereby make application to change the Zoning hap of Orange County as hereinafter requested. 1. The property is located on the west side of State Road x` 1812 , U.3 which is named Mt. Herman Church Road The address is III _ Flowers Mobile Homes Perk and it is located in _am Township Tax Map 26 block --- , la t. number(s 33A .. It has a frontage of See plan feet and a depth of feet, containing - 61 .5 acres. . 2: All applications for a change to the Zoning Atlas shall contain the following (when applicable): * - Required on all -applicati:ons X *a. A .fully dimensioned map at a scale of not less than one hundred feet to the inch nor more than twenty feet to the inch showing the land which is proposed to be rezoned. X *b: A legal description of the land. i c. The alleged error in the Zoning Ordinance,- if any, which would be corrected •by the proposed amendment •with a detailed explanation of such error in the Atlas and detailed reasons how the proposed amendment will correct the error. d. The changed or changing conditions, if any, in the area or in the County generally, which make the proposed amendment reasonably necessary to the promotion of the- public health, safety, and general welfare. • x *e. The.manner-in which the proposed amendment will carry out the intent and purpose of the adopted Comprehensive Plan or- part thereof. x *f. All other circumstances, factors and reasons- which applicant offers in support of the proposed amendment. 3. - It is the desired and requested that the foregoing-property be rezoned from R-1 PD-MHP . �� to . 4. The following are all individuals, firms. or. corporations ownin g property or within 500 feet of the property sought to be rezoned as of 3-16-87 y adjoining (DATE) TAX NAME ADDRESS MAP BLOCK LOT • Please refer to attached tiotil=ication List. • • • • ' __ • I. CHECK LIST FOR PLANNED DEVELOPMENTS (PD) _ - . J`3 9 . All applicants requesting approval of plans for a PD are required to complete the check ilist as completely as possible and submit it along with all required plans and supporting l .ocumentation. APPLICATION NO. 3-16-87 • DATE: PROJECT NAME: Flowers Mobile Home - Phase 2 . • LOCATION: SR 1812, Mt. Herman Church .Road at I-85, Eno Township ZONING DISTRICT: •R-1 . . - ' - SITE AREA: 61 .5 AC. . OWNER/DBVELOPE$- M•C•E Company . - Terry Carden, President - P.O. Box 317 Durham, N.C. 27702 • ARCHITECT: • • SURVEYOR OR LAND PLANNER Phil p.,Post & Associates, Inc. _ ENGINEER: Philip -Post & Associates.,• Inc. A. Special Use Requirements 1. Method and adequacy of proviaion •of sewage disposal facilities Yes` X No N/A solid waste, and water. - - - -e- 2. Method and adequacy of police, fire and resciue a uad x 9 protection. Yes . -x 3. Met • Method arid adequacy of vehicular access to the site and traffic Yes x conditions around the site. . ��No_,�� • . 4.;.Eeven (7) copies of the. Site plan. Yes x Np . 5. North point scale and date. . Yes x No - . 6. Extent of area to be developed. ... � Yes x. No - 7. Locations and widths of all easements and rights of way within - - or adjacent to the site. Yea Rio ' 8. Location of all existing or proposed structures on the site. Yes x Na 9. Location of all areas on the site subject to flood haiard. or Yes inuadation as shown on flood maps or soils maps. x No N/A . 10. Location of all water courses on the site, including direction Yes X No N/A of flow. 11. Existing topography at a contour interval of five feet based on mean sea level datum. Yes x No 12. Proposed or existing fencing, screening, gates, parking., service Yes x No and storage areas. . 13. Access to site including site distances. on all roads used for access. Yes �x No 14. Elevation of all structures, proposed to be used in the development. Yes No x 0 15. Names and addresses of owners and applicants. Yes x No . 16. A fee, .'asset by the Orange County Board of Commissioners . Yes x No - ! I x4 1 /041 I Statement of Justification Phase 2 Flowers Mobile Home Park Mount Herman Church Road Eno Township, Orange County, N.C. i Project No. 50618 22 May 1987 I Prepared for: Terry Carden, President MCE Company, Inc. Post Office Box 317 Durham, North Carolina 27702 to- I loll l//n,, .,� �► CA ,,, 7635 • N .. •• rei .•• rr pp r• N• I Prepared by: Philip Post & Associates, Inc. Engineers/Planners/Surveyors 401 Providence Road, Suite 200 �1111, Chapel Hill , North Carolina 27514 I l) gravel-paved parking spaces located on each , indxva�dual 50' x 100' trailer space. Site distance at the intersection of Mt. Herman Church Road is excellent - greater than 650' in both directions. lWater supply will be via a new 15 GPM well and private water distribution system permitted and approved by the North Carolina Division Iof Health Services . The Orange County Health Department has tested the soils and given preliminary approval of the site for a standard underground septic disposal system using the low pressure pipe effluent distribution system. The entire system will be subsurface, to be permitted and approved by the INorth Carolina Division of Environmental Management. 1410 Control of stormwater runoff and erosion control for all new construction will be accomplished using conventional methods. There will be no significant cutting or filling to prepare Phase 2. Phase 2 is buffered by existing trees from 1-85 ; within Phase 2 the closest trailer space is 160' from the right-of-way of 1- 85 . Refuse collection will be provided by the Park owner to all residents. A private trash collection service will be hired to collect 1 from individual trash receptacles , exactly as the refuse is now collected in Phase 1 . This entire site will remain under one ownership including all trailer Yspaces , recreation space, open space (pasture and woodlands) , roads and utilities. Under current zoning regulations, no more dwelling units may be added to this particular tract of land at some future date. 410 Attached are exhibits describing development information project I location, a notification list and a legal description of the PD-MHP. 1 16 0 4 5 1 Phase 2 Development Information 11 Net Land Area 25 .0 AC / 1 ,089,000 SF Gross Land Area 25 .0 AC / 1 , 089,000 SF Max. Floor Area 63 , 162 SF Min. Open Space 914, 760 SF Min. Liveability Space 816 , 750 SF Min. Recreation Space 33 , 759 SF Max. No. Dwelling Units 27 Zoning R-i I Area Provided Open Space 1 ,064 , 500 SF Liveability Space 1 , 031 ,650 SF Recreation Space 35 000 SF Dwelling Units 25 , • Typ. mobile home space = 50' x 100' (5000 SF) No. of spaces proposed = 25 Refuse Collection: Provided by Owner to each mobile home space using a Telephone - Underground refuse collector. Electric - Underground TV Cable - Underground Natural Gas - None I I • i ` •41rI '° ° I ` ' '%. I I U 11r 1'1Jfiir \ . • o� x °d OOP 1 �f SIG "` \ 1011d 1 136/ F:1(' \ _ FIRE Dj5 ill \ o /� \ 6 U` � � rerr l Z �1 I .........$11 /569 s: ' /� ∎ 4'' .�l� ` q /S�Yr T 4 ♦ I 1 : fIRE SIA. I •• (As \,•Dur • .. sON t multi,t I _i HILLSBOROUG t P /561 •ej * ♦ /37i pa�- //44 I _ �'� : . . . Iv �� P �D f� / 7 ��L�13 Y /i e ,� �r 27278 mutter. S o I�//34 BUS liiiih, Vr "rio. /! M ,. / '� r RI 3 • gyp• 1565 `P 13.7 A •C! .! 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FO EST r Hillsboro■ a 09” \ r /720 a q ►1 NE sr* Off• L�' 'r { •� `�i e�' l00' \\ R1 3. r!1 !`yp 1`" ■•0C Y!r'�' ,2 s /7 ' /l28 I \� .qs/ 1.4„4" + "e• 'a ..�I New /723 1790 k° P •, `< a r- /7/6 6 X 17/9 ■ '^ //P7 0/789 . , o� K I /778 ° hope INllsbor uqb \\ ' d� u.. q- 1177 - •ORLANO "o ► RI 3. r �� /Ea r F4L jT/P CA�d M�1 !r. \ I I ///3 ` /re:/,"'EA0011.■ ,, - I: RI2� �s` -pf 4, /7/ It• i Chapel tIR p I'coil. cut.. - 0e' /En Z0 Th . 0/57. - .. F., i am r . Rp.� 17,6, ,'4i itRE DIM /r5 \ I R' 2 l sew �9�. x r' .\ 1718 I I ■ I al,. a° r�2s Bla kwood (� roRESr 'rooRiir �'��•+ x < anon a 4 ; , i a /H a u g.. 11 ,• ,°►er 4 30 - ;.�4-• �6 s�.., 'OURS /7_ //0 1 `7 ` : A1 �OREff� ii.„ Y } v 1/751 .. P —.0�.•STRUT /736 I..r•4 '. u / OIS7d c n■ el:aE M -' RD • 1734 i 117'p{.� Is;� t /725 �' 173/ - woeful, Dodson • I Rt a0 sp. c 'hR. Eubanks ' •� 173 RD. _r _ . r r ' / P1 a , 27 �° _ -moo �i 1737 y.ra :��. \ Crossroo¢s� ■I9 $F aa Era e Chaps O'i I►E /7 Hdl RI Z I•• o ♦/ Inn R14 x r~ �,.�/• a. y t]o <vER O /734 6sl .. Q.`+ //75 S //N _.•L, R0 _ F r...-, ' - / / MpwDNpu I I ` AP9�RO t \�s 4,_733 } , /191 "o — � NSHIQ llp2��/ I STARLING ° //�2 I r�i .....g //09� 1 IB 2 "i• `µ/ES rq� -- _ 2 YEAWN�Ra. r.lw«11 III /I7�/�• •` 'N, I7 /IP 3 IMO ROLLING.i/I94� ,/ • E■opel Not 'i7ze'N:�� ,4 +?o� 'CAKE •17sl� l X `SS;��n/�•/!03 —'� Cie Rt 2 1752' rl 5 �� y�� rr95 4•'d'� "? �CaIvI�fe iii 3 w t. 1•+ T //p5 • rr MORiCE 18•��• �' - 'IgIL/IS Jw u1G�1 / °oft 1 •,�+1 'P i e / Hill '1 \. y 4w ,�dr I hE1 8G, wetuoms —• = Isrl..,Hus { Ca+ R0. \ . . Au/10ORT tr. i ►Irr '- k 64. lit�e•,,. //O4 I=/ . Cea Dope' R,5 "k//09' 1—,b4. ? -- _r t r115•!I E. /w" I I //06 ` \ N. 1 ) ° • t /944 sraow� e, t R1.5 L \. ¢REA!EI CHAP L MIL/ rc,e , u� R0 1 ro7 R R i 1/R O ton 7, .•S -_ I - Cross. ' I oRrr� • -- 'BU5 y k BRor'<1F1n0 S ; Rahri •4.'.►/971 .• l wll�<eu Br► ( oe • Per/s I /945 *� - " `1a I y i 1 /950 ••- ROBIN ,: reD L BUSS r c 6 X01 7 C'OBIN Y► `. Q "® RuE16R �`L.J. I•ST. 9ay �1"D r— LIN(' N Cili 01L:►w000 ell' (� pf1, -11111 3 .,54�► `,fir roc taro• D Boring Loa (Subsurface Disposal) « 049 Boring * Clavaif_.cation Depth 1 PS 30-36" 2 PS 22-24" 3 US - 4 PS 24-30" 5 S 36" 6 PS 24-30" 7 S 36" - 8 PS 30-36" 9 PS 24" 10 PS 24-30" 11 PS 24" 12 PS 24" • 13 US - 14 US - 15 PS Slope 16 - PS 24" Y.yq. *By Orange County Health Department • 051 • LINDY PENDERGRASS Sheriff of Orange County Hillsborough, North Carolina, 27278 • Office Phone: Hillsborough 732.2431 Chapel Hill 942-6300 Residence Phone: 929.5535 03-13-87 TO: Marvin Collins Planning Department FROM: Lindy.Peodeegrass DATE: March 13, 1987 RE: Flowers Mobile Nome Park - r - The Orange County Sheriff's Department can provide law enforcement services for the 25 add on mobile homes in Flowers Mobile Home Park, Mt. Herman Church Road, • without any forseeable problems. We would not have to request additional personnel or equipment to provide routine service requests. • ,.r ENO FIRE PROTECTION ASSOCIATION 053 RT. 1, BOX 274 DURHAM, N. C. 27705 • EAST ORANGE INSURANCE DISTRICT 6,-fr-Le 9) //I'? heLo Lqv 0!),6'471:641 Ad -2 --eac.s.A.L T: )14 J2.1-,....91%. C1,.0 .. /24.44ziL . Lietiordth L'a hd2A- .6440. 2)4:NA2_, 4�I.0 sue. • • ORANGE COUNTY PLANNING DEPARTMENT 306F REVERE ROAD 0 5 5 HILLSBOROUGH, NORTH CAROLINA 27278 • `1 ter M E M O R A N D U M TO: ORANGE COUNTY PLANNING BOARD FROM: ORANGE COUNTY PLANNING DEPARTMENT DATE: APRIL 21 , 1987 SUBJECT: PD-1 -87 FLOWERS MOBILE HOME PARK GENERAL INFORMATIONi • APPLICANT: MCE Company, Inc. Terry Carden, President P.O. Box 317 Durham, NC 27702 LOCATION: West side of Mt. Hermon Church Road ( SR 1812) , South side of 1 -85 in Eno Township REQUESTED ACTION: Approval of Planned Development - Mobile Home Park and Special Use Permit PURPOSE : To allow construction of 25 additional spaces at Flowers Mobile Home Park ZONING LOT SIZE: 25 acres ( 1 , 089,000 square feet) EXISTING LOT SIZE : Undeveloped SURROUNDING LAND USE: North: 1 -85 East : Existing portion of Flowers Mobile Home Park South : Primarily undeveloped land, ( Stonegate, an approved PD-H-R-4, is immediately to the south . It has not been developed. ) 411 West: Primarily undeveloped ; Wilma ' s MHP; Johnson ' s store rr�� FINDINGS OF THE ORAlIGE COUNTY PLANNING DEPARTMENT PERTAINi14G TO APPLICATION _PD-1-87 FtOWERS MOBILE H".E 'PARK Planned developments must com f with , as those set forth in Article p7 ror Planned aDevelopments.cArticler8.2. 1 b; trequiresnwrrittenefindin findings certifying as well compliance with the following: - 9 Y 9 (1) Specific regulations governing individual Special Uses as set forth in Article 8.8. These regviatlons are divided into two (2) sections which Include: (a) Application components; and (b) Specific standards for Planned Developments (Article 8.8.23 refers to Article ] standards) and Special Uses (Article 8.2.4) (2) Other requirements as set forth In the Zoning Ordlnance, ' Including the -provisions of Article 5 (Dimensional Requirements) and Article 6 (Application of Dimensional Requirements) Listed below are the findings of the Orange County Planning Department regarding the application In question. The findin, have been presented by Article and requirement to assist the Planning Board In its deliberations. ARTICLES 8.6 AND 8.8 = APPLICATION COMPONENTS ("Yes" indicates compliance; "No" indicates noncompliance) Ordinance Requirements Planni-rig Staff Planning Board Findings-- Evidence Submitted To Su _ pport findings _ Findings 8 ,6-Application subs}fitted on forms X Yes No Application, site plan, drainage s utilities providing full and accurate Yes No plan, water & sanitary sewer plan, (IL-csription of proposed use, inciud- notification map, narrative. Ing location, appearance and opera- tional characteristics $.$ a)-Twenty six (26) copies of tine X Yes No Received twenty six copies from Philip site plan prepared by a registered Yes No N.C. land surveyor or engineer Post Associates, PE containing: 1 . North point, scale and date X Yes No Shown on site plan Yes _ No 2. Extent of area to be developed ' P X Yes No Show on site p1 an ._-._ Yes NO 3. Location and width of all ease- X Yes No Sfiown on s i to ,plan Yes ments and rights-of-way within or adjacent to the slte 1i s li i AITiCLE 3.8.23-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOPMENTS Article 8.$,23 indicates thbt the application shall comply with the applicable sections of Article ]-Planned Deveiopn ARTICLE 7-SPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVUOPHENTS ("Yes" indicates compliance.,, N0,, indicates noncom li Planning Staff Planning Board Ordinance Requirements Findings Eyidcrice Submitted To Support Findings Findings Article 7.4 indicates the applica- tion must first comply with all requirements specified In Article 20 - Amcndmcnts. Those requirements include: 20,3 , 2 a) Map showing affected X Yes No Shown on site plan prcperty at scale of not less / Yes No tIlar) 1" = 100' nor more than 1" = 20' , 20.3.2 b) Legal description of __X Yes No Provided with narrative property Yes Flo 20.3 .2 c) Explanation of alleged Yes No N/A Yes No error, if any, to be corrected by p reposed ariendmcn t 24, 3.2 d) Changed condltlons, if Yes No NIA Yes tlo any, :ihi ch make amendment reasona- bly necessary to promote public health, safety and general welfare 20.3.2 0 Planner in which proposed X Yes No Property is zoned R-1 and is designated Yes No amendment will carry out purpose in the Land Use °lan as Rural Residential and intent of adopted Comprehensive development. The proposed density is Plan consistent with the zoning and Land Use Plan designations. QRTIt;LE4�- SPECIFIC STANDARDS F � . OR EVALUATiOil/PLANilED DEVELOPMENTS (Continued) Planning Staff Ordinance Requirements Findings Evidence Submitted To Support Findings Planning Board Findings L Article 7 .4 then indicates tiie application must comply with certain specific requirements common to all Planned Develop- ments. These include; 7.4 . 1 So located wi.th respect to x Yes No Access to the public road (Mt. Hermon Church major streets and mass transit Road) is provided by existing subdivision Yes No facilities and designed so as not streets in the existing mobile home park. Mt. to create traffic on minor streets Hermon Church Road is a sub-collector road. in residential districts The existing mobile home park read that will provide access to the new phase serves as a collector within the mobile home park and has only three mobile home spaces accessing directly to It. 7.4 .2 So located with respect to X Yes No Applicant proposed LPP community system and Watcr, sewer and storm drainage Yes No facilities that enlargement or community water supply, extcnsion will not result In higher net public cost or earlier incursion of public cost and So located with respect to -X Yes ` No Letters from publ. is service agMc.les police fire and rescue services , provided indicate this. Yes No and schools 4nd parks so as to have access in the same manner as permitted under the existing zoning 7.4.3 Site suitable for develop- X Yes �_ No Floodprone areas are nol located on, the ment without Lazard from f loodln 9i zoning Yes �. Na p erosion, and soil subsidence or lot. Area is riot characterized by � slipping, steep slopes or subsidence. �.— ARTICLE 7 OPECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELO&TS (Continued) s Planning Staff Planning Board Ordinance Requirements Findings Evidence Submitted to Support Findings Findings Article 7.20.4 standards continued: C. Separation Requirements 3. A detached structure on a mobile Yes No No detached structures shown on typical Yes No home space shall be at least 5 mobile home stand detail. feet from any mobile home or other building. D. Installation 1. The owner/operator shall Yes X No No information has been supplied which Yes No designate a uniform type of indicates method of foundation enclosure. solid foundation enclosure or skirting. 2. Access shall be by-way-of steps _Yes X No Decks (for illustrative purposes only) and Yes No (including handrails) installed steps are shown on typical mobile home in accordance with the N.C. State space detail . No plans or notations are Building Code. Decks, where provided to indicate compliance with provided, shall comply with the N.C. State Building Code. same standard. E. Vehicular Access 1 . Each mobile home space shall X Yes No All mobile home spaces shown on the site _Yes No abut upon an improved access plans have direct access to a private street drive or street which shall serving the mobile home park. have unobstructed access to a public thoroughfare. 2. No mobile home space shall have X Yes No No mobile home space is shown on the site _Yes No direct access to a street other plan which have access to a public street. than those located in the park. 3. The street layout should be X Yes No A loo street is P proposed which permits the Yes No appropriately related to the clustering of units adjacent to the existing topography, abutting land uses, mobile home park and away from exterior drainage patterns, street property lines. The loo s functions and other natural P system provides for ease of access to individual spaces and safe features of the site and provide traffic flow. for a safe, continuous traffic C flow. ARTICLE 7 O PECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOOT (Continued) s Ordinance Requirements Planning Staff Planning Board Findings Evidence Submitted to Support Findings Findings Article 7.20.4 standards continued. F. Identification Signs/Street Numbering i. Continued - Entrance signs shall not Yea X exceed ib sq.ft. in area and shall N° See preceding sheet. Yes No not exceed 10 feet above ground level. 2. Traffic control signs shall be placed Yes X No No signage plans were submitted with Yes No throughout the park, and deadend streets shall be identified with signage. the application. 3. All streets shall be identified by Yes X No No street name is shown. names and street signs shall be erected . Yes No 4. Each applicant shall submit a space Yes-00 No space numbering/location system Yes No numbering/location system based on the plan was submitted with the application. equal interval numbering system employed by the County. Upon approval , a copy shall be provided to the emergency/fire services agency serving the park. 5. Each mobile home space shall have a Yes X No Details for individual mobile home Yes No permanent site number sign, composed of _ signage were not submitted. contrasting colors or reflective materials, which shall be at least b inches in height and affixed to the .mobile home b feet or more above ground level. C. Grounds and Buildin s !. The grounds shall be maintained free of Yes No Not applicable to plan review but litter, debris and trash. recommended condition of approval. Yes No 2. The grounds, buildings and storage areas Yes No Not applicable for plan review but _Yes No shall be maintained to prevent the growth growth of recommended condition of approval. g poison ivy, poison oak and other noxious weeds. 3. Each park shall be provided with a X Yes No Clustered mail delivery system is clustered mail delivery system in proposed with space for 4-5 cars to Yes No compliance with U.S. Postal Service guidelines. stop. Location and turnout for cars shown on site plan. C= ARTICLE 74W PECIFIC STANDARDS FOR EVALUATION/PLANNED DEVELOANTS (Continued) Ordinance Requirements Planning Staff Find in s Planning Boas Article 7.20.4 standards g Evidence Submitted in Support of Findings Findings continued. J. Landscaping & Screening I . Mobile home parks shall be screened X on all sides from existing highways Yes No Applicant proposes 100-foot undisturbed g buffer adjacent to all exterior property Yes No and adjacent, conventional residential lines except where utility easements cross developments and existing mobile home the parks . property and adjacent to existing park {Phase I) in same ownership. 2. Mobile home spaces must be located at X Yes No Existing vegetation will be used to meet least 100 feet from any exterior the 100-foot buffer requirement . No Yes No property line which is not a street additional screening is required. right-of-way. The disturbance of land within the 100-foot buffer is prohibited. Existing vegetation must !� be retained, and additional plantings added where necessary to provide a "Class A" screen. 3. Mobile home spaces shall be set back from a public street right-of-way _Yes No Not applicable as the proposed park abuts Yes No a distance equivalent to the front an existing park under the same ownership. yard setback requirement of the zoning district in which the park is located. Disturbance of vegetation within the setback area is prohibited and additional plantings may be required to provide a "Class A" screen. 4. If bulk refuse containers are provided Yes No Not applicable as trash collection will be Yes No in the park, the containers must be screened through the installation of through the use of individual receptacles of a 6-foot high stockade fence or and private collection service. a 6-foot high evergreen hedge or shrub. C AAT�CLE SPECIFIC FIC STANDARDS1AL'L SPECIAL USES { 'Yes" Indicates compliance-' "No" Indicates noncompliance) Planning Staff Ordinance R cquirements Findings Eyldence 'SubmItted To Support Findings Planning Board FI ding_s Article 8.2 .4 requires the applicant to address the following: a) Method and adequacy of provision Yes ' X No Water b sanitary sewer plan shows Yes No for sewage disposal facilities, proposed method. " Adequacy detbrmination solid waste and water service subject to approval of water supply and sewage disposal plans by the N.C. Division of Health Services and Division of Environmental Management, respectively. Use of low-pressure community disposal system consistent with existing Land .Us'e' Plan policy -to allow such systeYns in areas designated Transition and Rural Resident ial I. Private trash collection system proposed with b) Method and adequacy of. police, Yes No use of individual receptacles. fire and rescue squad protec- Letters from public service agencies Yes No tion have been provided. All agencies have indicated their ability to serve the project. C) Method and adequacy of vehicle " ' X Yet ' ' No 0ro,jected traffic volumes generated by Yes No access to the site and traffic the project estimated by the Staff to conditions around the site be 120 trips per day (25 units 4.78 trips/unit) . Accvess to the site is through-an existing mobile home- park in the same ownership. RTICLE 6 - APPLICAI'TON OF DIMENSI � +, ;t ONML REQUIREMENTS ( Yes indicates compliance; "No" indicates noncompliance) Planning Staff xdinance Requirements Findings Evidence Submitted to Support Planning Board Findings Findings �'Hcle 6 lists specific , A_andards which apply to vn^ious types OF development 1>>plications. 1•ticle 6.12 contains those avelopment intensity tandards which apply to roup developments controlled 4Yihe Land Use Intensity LUO system. • . Minim urn gross land area �Ye9 No Applicant's site .ton'tains 25 acres or _ 400.000 sq. ft. 1 ,909,000. sq.ft. Yes No ' Maximum gross land Yes No Applicant 's narrative indicates a gross land area - None sq. ft. area, of -25 acres or 1 ,089,000 'sq.ft . Yes No specified '' Maximun, Floor ratio - -Yc; No Maximum ' •058 permitted by ordinance is b3, ib2' sq.ft, Yes No Apvi lcant's plats Indicate floor area of i•iaximu„r ficor area 24,500 sq,ft, permitted 63, 162 Required minimum open x Y.68�' No A i.166nt'5- narratiire indicates open space Yes No space ratio - '.84 pp aired provided of 1 ,•064,500 sq. ft. Reg minimum open Fpace - _ 914, 760 _sq. tt: NOTICE OF AW ARD ORIGINAL TO Crain and Denbo, Inc. P.O. Box 15100 Durham, N. C. 27704 PROJECT/CONTRACT SPILLWAY SYSTEM ORANGE LAKE The Owner has considered the Bid submitted by you for the above Work in response to its Advertisement for Bids dated MAY 20, 1987 and Information for Bidders. You are hereby notified that your Bid has been accepted in the amount of twenty one thousand nine hundred seventy eight dollars ($21,978) . You are required by the Information for Bidders to execute the Agreement and furnish the required Contractor's Performance Bond, Payment Bond, and certificates of insurance within ten calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within the days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner's acceptance of your Bid as abandoned and as a forfeiture of your Bid Bond. The Owner will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this Notice to the Owner. Dated this 2nd day of June, 1987. OWNER County of Orange BY ` � f- , Board of Commissioners Shirt E. Marshall Enclosures. RECEIPT OF THIS NOTICE IS HEREBY ACKNOWLEDGED this day of 1987. BY TITLE ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ACTION AGENDA ITEM ABSTRACT ITEM NO. MEETING DATE JUNE 1, 1987 SUBJECT: INFORMATION ON SEWER BIDS *********************************************************************** DEPARTMENT: COUNTY MANAGER PUBLIC HEARING YES X NO ************************************************************************** ATTACHMENT(S) : INFORMATION CONTACT: Manager's Office BID TABULATION EXT 501 PHONE NUMBERS: HILLSBOROUGH 732-8181 HILLSBOROUGH 732-9361 CHAPEL HILL 967-9251 MEBANE 227-2031 DURHAM 688-7331 ***************************************************** ******************* PURPOSE: To provide information on the disposition of bids taken for the Efland Sewer Project. BACKGROUND: In accordance with G.S. 143-129 sealed bids were solicited for the Efland Sewer Project and were received at 2:00 P.M. , April 9, 1987. There were three (3) respondents (tabulation attached) . The lowest bid was submitted by Lanzo Construction Co. for a total of $1,192,395. This figure includes the base bid plus Alternate A. Alternate A provides for the installation of a main drain line to the pump station and, though an integral addition to the project, does not materially increase project cost. While the bid was viewed by the Engineer and County staff as an excellent bid, the following factors complicate the award: Funding: 1. ) Senate Bill 2 funds (approx. $450,000) are anticipated but are currently being held up. Funds were passed by the House during the week of May 25. The date it is heard in the Senate is not yet available. 2. ) Time frame: This problem is three fold. First, bids were taken on April 9. Bonds are in force for only 60 days after bid submission, therefore June 9 will be the expiration date of the lowest bidders bond. By law, we cannot award a bid of this dollar amount without appropriate bonding. The bonding company has shown resistance to extending the expiration date. The issue is being pursued, but to date is unresolved. They have promised a decision on Tuesday, June 2. Secondly, the contractor is likely to experience increased material cost during such an extended period of time. The contractor has agreed to hold the bid price if the County will agree to pay whatever additional costs are incurred specifically associated with price increases that occur after the June 9. (Date suggested by County. ) Last, the bid must be approved by the Farmers Home Administration prior to the Board of Commissioners award. This process cannot be initiated until the funds are available and will take from 14 to 45 days. Though these problems present obstacles to the successful conclusion of the sewer project, there is ongoing effort by the County to overcome the funding holdups by encouraging passage of House Bill 899. There is daily contact with the legislative delegation whose members also keep us apprised of the Senate Bill 2 monies. Also Don Cordell of Hazen and Sawyer Engineering is working on our behalf with the lowest bidder to maintain his cost quotes. Still further we have kept Mr. Robert Von Tillberg of the Environmental Management Commission apprised of the actions being taken. RECOMMENDATION: Board members should undertake further lobbying efforts during the week of June 1. . John Hartwell is in the process of drafting a letter which will summarize the County's position to the legislators. • r BID TABULATION t. ' Wage 1 of 4 I 1AilE AIiD A411BER i 1 EFLUD-CREW TOY!<W 1 5WTUY Me FACILITIES i ONTDACi 1 - GE#fEM OwMiUCfI01 I CORTRACIM I LMU Cosstructios CIO. 1s. F. Yilkersos Cwtr , 1 I . sctiaq CO.Co.l Yat:s Casstructim Co. I 1 210 OPENING DATE: F*II9O1i81 + LICENSE . 19620 I 5999 i 10021 � I I BID CmlBlif llm F M95 _ ! TOTALS ! TOTALS i 1 AM AID pins ALTEif11ATE A i 66,692. I---- -- — —I---- ---- 395.00 1 61.580.515.25 I $1.559.054.04 i ! 1 IAASE AID pies ALTERNATE A plus ALTElNiTE C i i $1.3D1,405.04 I 61,637.813.75 ! 61.873.500.00 ! M E AID plus ALTERNATE A plus ALTERNATE D 1 I 01,258.445.00 I $1.510.291.25 I 6I,677,860.04* ! i ! 1 ! WE AID plus ALTERNATE A plus ALTERNATE E 1 I $1.318,695.00 i 61.558,536.25 I 66.744.554.00* ! 1AM AID plus ALTERNATE A pies ALTERNATE C I 1 I ! ! 1 pies ALTERNATE 8 1 i $1.367,055.40 I !1.667,588.75 1 61.892,300.04* I I I I 1 I I I&W AID plus ALTMTE A plus ALTERNATE C I I I ! I I plus ALTERNATE E i - I $1,527,705.00 I $1,715.833.75 i $1.966,000.00* ! r * Arithmetic error corrected CERTIFICATION• The bids tabulated herein were opened and read aloud at 2:00 P.M. on the 9th day of April , 1987 at the Orange County Courthouse, Hillsborough. N. C. The tabulation is correct in that it contains the unit prices as presented on the original price proposal of each bidder and that all subtotals and totals are arithmetically correct. HAZEN SAWY R, .C. ev C rte;, P.E. Proj ct Engineer April 10, 1987 BID TABULATION (Cont'd) Page 2 of 4 I �tOm i10IDF3 I 1 1 '; 1 + r 1 1 E 1 I Sway sm FT1�E4 I 1 1 I I I COOT u6T 1 -600ERAL CMMNMOK 1 1 1 I + + us an plus iLTUU?f a I OKrIhCIOl3 1 in=0mstrdctias Co. u.F.Yllkera Cm I i tsaet3ag i o.[ fates -+*�►�m Co. + 1 lI8 OPElI00 PATE: ! Pat 9. isqu LI4201m OILS. I 1%20 1 f 4499 ! t I of 2 TOl913 + 01.192.396.00 r 01.480.516.25 I 01.639.050.00 11 r I ITEMS + #R 1 4100!2327 + 1FIOE I iOOIIRT + MCE I 9wr I DICE ! 1!10012 I + h Clearing sad Grubbing I V 1 - E 60000.00 I OMO.00 1 23000.00 I 13000.00 1 66000.00 E 66000.00 I E 240 lsistesum and leataratim of I I I I E 1 I I I I of�+��a� I LS I - 4 10000.00 I 10000.00 1 13500.00 I 1 00.00 I 20000.00 I 10000.00 I r I 36 Iaatoratioa ad laved lrafans 4 Si 1 523 1 35.00 1 1875.00 I 20.00 1 10600.00 1 20.90 E 10500.OD I I Sri tidct add laistais silt Fence I LF r 3500 1 2.00 1 MAD I 3.00 1 30600.00 r 4.00 1 14000.00 I 1 3! fraatab and PLw piss t 001 1 1501 15.001 2250.00 I 35.00 E 5250.00 I 26.00 1 3900.00 1 E 3[ Cnestruct and lsistaisType.'r r I I + I 1 N F+aii��snd IwWt saei + + 9 + 150.00 + 3360.00 1 600.00 i 5100.00 I 200.00 1 3100.00 I + $user Service � � + 1 E E 1 I I 1 f 411 4-led Service r if I 1800 1 7.00 1 1X600.00 1 0.00 1 14400.00 t 16.00 1 24800,40 + t 421 4-Iaeb Steel sad dared I I + Service r LF 1 300 1 20.00 1 600.00 1 20.00 1 6000.00 I 30.00 1 9000.00 1 I 031 6-Ism Sasrice t IF 1 1391 10.00 1 3380.00 1 10.00 1 1380.00 1 20.00 1 9000.00 1 r 4b fasaieL and lantalt lateral f I E 1 t I Tap flit 125 I I 1 I I I i I I I [I1 8-Ind SuRr IWO I r1 1 101 + 50.00 1 5050.00 1 150.00 r 15130.00 r 300.00 1 30300.00 I 1 4C tarnish and Install 6-Inch r r I ! I I saeitarj Serer Baia I I I I I ( 1 411 0.5 depth 1 LF t ]2300 1 14.00 1 172200.00 1 23.00 1 282900.00 1 29.00 1 314400.00 1 I 121 16-10 adept I if r 6900 I 15.00 I 103500.00 E 24.25 1 161325.00 I 29.00 1 200100.00 1 It 431 18-10' dept! 1 Lr I sa20 1 17.00 1 224 0.00 1 26.25 1 34650.00 1 33.00 1 40320.00 f {51 iu 3i' U r It 1 325 1 20.001 4500.00 1 18.25 1 6366.25 I 76.90 I 7675.00 I [ depth 1 LF i 110 I ?3.00 1 2750.00 t 37.00 I 3630.00 1 39.90 1 4290.00 I 1 161 114-16'depth + ZF E 235 1 30.001 MOO 1 40.40 1 !400.00 1 46.001 1010.00 t 1 Ili 11fi' dsptb _ r Lr I 70 1 35.00 1 2450.00 1 33.00 1 ?110.00 I $2.00 1 1640.00 I I Sanitary serer mail�_ I i I 1 I { 1 + I I It 411�depth I LF I 3170 1 20.00 1 X00.00 1 1 27.001 WAO.00 It 30.001 93900.00 II + 0 1Wg�h t 1F E 1250 1 25.00 1 38750.00 1 26.25 1 43781.50 l 31.00 1 4!060.00 ! E 041 110-12'depth I !F I 325 + 30.00 1 !150.00 1 30.25.1 !831.25 1 33.061 10125.00 t I 451 112-14• depth r LF 1 lot 35.00 r 2450.00 1 33.00 1 2MO.00 1 31.00 1 X90.00 1 4�� 1 IF 1 10 I 40.00 I 400.00! 31.00 I MOO 1 44.00 1 440.00 1 I 161 134'depth 1 lF 1 25 1 45.00 1 1125.00 1 44,00 1 1100.00 1 30.00 I 1250.00 E ! 40 funish ad install 15 as 16-Isrh 1 I r 1 r I r I ( I Sa UMT Serer lain I 1 1 ! 1 1 1 ii116 0-6P d4ft!• t LF t gat 30.00 1 T1150.0o I 39.25 1 36306.25 i 34.00! X450.OD ! r 131 ' depth E iF I i5 I 25.00 I 2215.00 t 41.001 2666.00 1 35.00 I 27!5.00 I I Lr 1 25 1 0.001 1000.00 I 43.00+ 3075.001 36.001 960.00 1 1 441 110-1T'dwa i IF r 2601 0.001 11M.00 r 46.00 1 M0.00 1 42.00 1 10920.00 1 I 151 112• depth t LF 1 651 50.00 E 4290.00 I 50-401 4250.00 1 46.001 4080.00 1 4 4t healah sad Install 16-1370 1 r 1 1 1 1 I r I + Spat serer laic Iletsem I I E I I [. I !ft. 13 end Ig lo. 14 1 LS E - I ]2500.00 I 12!00.00 1 6000.00 i 6000.00 + 10000.00 i 1000D.4J0 1 Ss r�nish and install 4'llaset+r t I 1 I I I lanklda I V-IT I 765 1 100.00 1 76300.00 1 175.00 1 1714875.40 1 140.00 1 107100.00 1 I Sb fo aldt ad hwWl 5'llsaetu I I t I + t I 11"m I v 1T 1 031 ISD.00 1 12450-001 250.00 ! 20750.00+ 115.40' 14525.00 1 E Se llidaltaassnd 4lmoecu"to I r I I t I 6bstoag Beret 5 t 1 LS t - I 1000.00 I 1000.00 1 2000.00 1 2000.00 1 4000.00 1 4010.00 1 r 4 faalsh and Install 2-Inch fares I I r I I' { 1 Q !shah and Install$-la dt farm i I 11001 5.00 I 36oD.410 I 4.00 I 4400.00 I 12.410! 13200.00 r + LF I 19900 1 35.00 1 298900 I I � I 1 6c Fssish and Install 0-Iseh Steel 1 r i I 1 12.25 1 243775.00 1 15.001 298500.00 i I face Isla triage 4maaisg I IS I - 1 15000.00 1 15000.00 I 15750.00 I 35750.00 I 14000.00 + 10000.00 I I a Provide 47ooaate 8erh I I I I + I E Esta.saot,ibacrtte what and ! I I t ! I Concrete Tbnst 8tachin I CT 1 60 1 100.00 1 6000.00E 90,00 I s40o,40 1 Io0.00 1 4i000.oD ! r I 9i lartara idditimal Esavdim I Cr 1 500 1 1.001 500•00 1 3.00 1 2500.00 1 10.00 1 5000.00 1 I 9b Faraish and glace idditlaaal t I I I I I I I ! 1 +mw Stale waog 1 Cr I 500 1 10.00 1 00.00 1 20.00 E 10000.00 1 22.00 1 11000.00 1 1 103 Furnish and Install GrstltT Seydr 1 r ! + 1 t 1 ! 1 I Owed and Eawaed lighrar t I r 1 + r t I 1 Croaaisga I LS I - 1 30000.00 1 30000.00 I 29150.00 1 29150.00 I 25000.00 1 25000.00 BID TABULATION (Cont'd) Page 3 of 4 I 1111£�IOIAEI I 1 - 1 + 1 r + + r sul MS FbMME3 r I Saolrlic7 t -Cdcrn&mC47101. m I I I I r I li'rE 8ID pl-ALMOTE i I =IIICm i L-ra + I Caeatre =Ce. IJ.F. triunes cmtractio9 rA.1 Tat"OP I 1 Coaatrrttian Co. 1 + AID MIG ME: 1 I f i April 9. 1987 1 EIS Am. i 1%20 I 44" 1 P*2 of 2 1 61.192.395.00 1 111.180.516.25 1 /1,6o 060.00 I # 1+ IT1aS 1 WIT I Omil I MM I 11001T I PRICE f BNOW I ll![rE I AJID R I 10b Fwdsh and Latall Fart*laic I bred and Foeaaed J11jkM 1a 1 is 1 - 1 5000.00 11 5000.00 I' 17100.001 171 ! 00.00 li 5000.00 II 5000.00 1� S 113, fiaadah and Instal!Adams I I I I 113b FWsiah�iad initamil lmaa 1 V 1 - 1 90000.00 1 90000.00 f 175000.00 1 125000.00 1 1]0000.00 I 110000.00 f + I I t r f l3r Fiaaiisah and Inetaf!NrlYacss 1 1 4 1 5000.00 1 20000.00 1 MAD I 18000.OD 1 0000.00 f 16000.00 1 I Yalre itamuln I El I of 2000.00 1 16000.00 1 3000.0011 21000.00fs .00II 12000.0011 I IN Furnish and Iastali lsgartic I I I I I 1 I SSOOI 1 t now late 1m&Lr t L I - 1 8000.00 I 8000.00 1 9000.00 1 9000.00 f 6000.00 I 6000.00 I r i - I fuRE Im 1012; i I 1 1 --SI 1 I + 1>flalo-w�s 1 1 # 1 1 f URTll1 M MUTIES 1 1 f + I + sx11r W I-LT�CWrMfI0r .1 f t + I 0D[llu,M 1 lamp smatrsctlan cb. 1!. F.rills:m sloe 1 ( trael3s!Cn.l Tales Casatreetien Co. I I NID GPESI PATS: + ! I Ipril S. 1961 I Ll4t1t1E W. f 1 1 r t pip 1 ell! 1 19620 + 44" 1 10001 I mrus 1 0109.010.00 I 11157.297.50 f +210.450.00 f 1 1TF]L4 I 11tIT f slwrliT t PRICE I llDNlr I JIM I !!boll I PIIL� f Ieov1T i I I s3eariag aid 6ruat" I LS I - I 1000.00 1 1000.00 I 1000.00 I 1000.00 I 20000.00 1 20000.00 1 [ I laiatenaace and fintoratim of I 1 1 I 1 I I I 5000.00 I 5000.00 1 1000.00 1 1000.00 1 10000.00 i 10000.00 f f 3e hat0fir ins of Pmd Swfaoas s ST + 310 I 15.00 I 1650.00 f 20.00 1 6200.00 1 20.00 I 6200.00 I + 3d Erect and laida"silt Feaoe r LF 1 155 I 2.00 1 310.00 1 3.001 165.00 1 4.001 620.00 t t 3e Fmrsie>f and Place iipprrr� 1 TM f 10 1 15.00 1 150.00 1 35.00 1 350.00 1 29.00 1 280.00 1 f M Omatrset red latetaia Tips-a- I I I I I 1 1 + 1 f Silt Trap I Er 1 1 1 150.00 1 150.00 1 600.00 1 600.00 1 200.00 1 200.00 S I 41 Fmsiah and Install SmitarT I s I I r I (s 4-Ind Suviw 1 1F I 310 1 7.00 t 2380.00 I 8.00 i T120.00 I 56.00 I 5110.00 1 1 (2) 4-lach Stall and laud f f t r sa,ice I IF 1 60 I 20.00 1 1200.00 1 20.00 1 MOD 1 30.00 1 1100.00 i t 1 131 6-Imai Sarrice 1 lF 1 10 I 10.00 1 100.00 1 10.001 100.00 1 20.00 1 200.00 1 t Ib Fwaish and Install lateral 1 t 1 1 1 I I 1 1 t Tap Fitting in I t s t tli i Sa laic I El I t 4s Ftanssh 231 50.00 1 1150.00 1 150.00 1 3!50.00 1 300.00 1 6900.00 i � sh an m d Laaar lell a-Ineb 1 t 1 f I 1 t I p I Salta Serer Nairn I f t I I 1 I I t I (110-6- dept+ f Ef f 2830 1 14.00 1 39620.00 1 23.00 1 65090.00 I 28.00 i 79x1o.oD s ` 1I sxt Nrl'ddep�pt►� I Ef 1 1360 1 15.00 1 23750.00 1 24.25 1 3)587.50 1 29.00 f 41950.00 I {U >101�dapll I lI I 220 1 17.00 1 3110.00 1 26.25 1 57)5.001 31.00 I 6520.00 1 t 1F 1 80 1 20.00 1 1600.00 1 26.25 1 2260.00 1 33.001 2610.00 t I $a Finalsb"tai 4'liaaety I 1 t I lasbolaa I Y-FT 1 131 1 100.00 1 13100.00 1 175.001 22925.00 I 140.00 s 10WAD I 1 l Prorida Cmcrde ird t.0marte 1 1 I 1 s 1 r i Eaeaasea 8allist roll t tlose3*to Tlsast 1 100.00 I 500.00 I 90.00 1 450.00 s 100.00 1 500.00 I I 9e FNW&h mdlFlom ddit atioa I CST I 10 1.00 1 10.00 1 5.00 1 50.00 1 10.00 I 100.00 I 94 FF��Fl�fsdgditiaaai I I 1 1 10a Faraiah and Install Graritr Soler i I I 10.001 10D.00 f 20.00 1 200.00 I 22.00 f 220.00 1 i lured and Eacuwd lighrai I 1 I I i 1 1 1 + o4a I is f - t 8000.00 i 8000.00 1 5875.00 1 3875.00 11 10000.00 I 10000,00 I 1 � i. TABULATION (Cont'd) Page 4 of 4 i W 116 RUM I I r I 1 I i i r I 1 I EI1iG-001S 701138TH I i SAWW SEM FACILITIES I I I I I i CaITRACT 1 -613U L COICRMIOR i 1 1 I I I ALTERNATE D r CKML-IRS I Lawn Caestraclion Co. 1J. f.Yillaeos Costrecung Co.1 Tats 0esstroctios Co. I i I t RID OFMIG DATE: I April 9.196? 1 LICEISE 1114. 1 19620 1 4499 I 10042 * I I Faye 1 of 1 1 TOTALS 1 065.650.00 1 89.773.00 t 011.800.00 I i IT17LS I MIT I D=Tf I FACE I AI001T I RICE I AM001T I RICE I AMW I } i 6b Additdossl Cast for Fsrsisbisg end i r I 1 I I 1 I I j I Installing 10-loci Faroe We 1 LF I 19900 1 3.50 1 696.10.00 1 2.25 1 44715.00 1 2.00 1 SM.00 I I lob Addluad oast far Fssalabieg and I i I I i I I I 1 I Installing Raced and Encased I I I I 1 I I llovey C4wsieg 110-Tern Curial I is I — I 1000.00 I 1000.00 1 0.00 1 0.00 1 2000.00 1 2000.00 I t L98 Radaced Cost for FmmisbisI and I I I r I I I I 1 I Iastailisy Moves Crsei Pimp I I I I I I I *r *i I Stsuan I LS 1 — 1 (5000.00) I (5000.001 I 415000.OD) i (15000.00) I 423000.0D) I !23000.001 I i TIME AD tutmF� I I r I I } I 91AM-CIEEIS TrN SIP 1 I 1 SBITAl7 MG FACILITIES I I I I I i OOMUCT 1 -GDMAL D9OLTI01 I I I I I i ALUMTE E I CDAIRACM I Lsoso Onedrsetia Co. IJ. F. gillersm C strectiag Ca.1 lots osostrsetias Lb. 1 310 QFWX DATE: I I t r 1 i April 9. 1967 1 IREVSE 4214. I 19620 1 4499 1 10022 Or I to Page 1 of l r TOTALS ( $126.300.00 I 079.020.00 1 661.500.00 1 r ITEMS I ow i DOAITITI I PRICE i ANDW I RILE i MW I PRICE I A100R i I— I } I 6b ldditiow Cat for risaiwang sad I I I r lestellisy 12-led Faros We I LF 1 199001 7.00 1 139300.00 1 4.801 95520.00 1 5.00 1 99500.00 1 1 10b Witimal Cast for FvreisUng and I I I I I I I I I I u Installing Dared and Eosed I I I i I I r 1 1. I �Craasiny (12-Ind Curler) 1 LS I — 1 2000.00 1 2000.00 1 0.00 I 0.00 I 3000.00 1 5000.00 I 1 138 Cost fns Famishing sod I I I I I Instellisy kGoven Creek Pop I I I I 1 Station I LS I — I (15000.001 I (15D00.0D) 1 (17500.001 1 {17500.001 1 423000.00) 1 423000.00) i * Arithmetic error corrected s 1 } °oEO�Rv mQ CITY OF DURHAM p 3 NORTH CAROLINA a 18 69 ts 14, iT©© Department r,I Water Resources Ty ......od) �pv©©�a May 27, 1987 CITY OF MEDICINE Orange County Board of Commissioners Honorable Shirley Marshall , Chair Hillsborough, North Carolina Madam Chair and Members of the Board : My name is A. T. Rolan. As Director of Water Resources for the City of Durham, I am responsible for the development, operation and maintenance of Durham's water supply, water treat- ment and wastewater treatment facilities. I appreciate this opportunity to speak to you about watershed protection as it re- lates to the matter before you tonight. Since the very beginning of the development of a municipal water supply for Durham, the City has looked to the three rivers of the Upper Neuse Basin : Eno, Little and Flat Rivers. The first water supply for Durham was the Eno River and one of its tributaries, the Nancy Rhodes Branch in Durham County. In the early 1900' s, the Eno was abandoned as a water supply because of pollution in the river and a new supply was developed on the re- latively pristine Flat River. Later a dam was constructed on the Flat River to form Lake Michie which has served the citizens of Durham and some in Orange County for many years. In 1962, the City of Durham requested and was granted the reclassification of portions of the Eno and all of the Little River to the "A II" "water supply source" classification. (See Attachment A: Council Resolution) In 1974, the City of Durham began planning for a new water supply reservoir on the Little River north of Durham. This project is now almost complete and will cost approximately $30 million. In 1984, the City Council passed a Watershed Protection Ordinance for the protection of the Falls and Jordan Lakes as well as providing for the protection of Little River and Lake Michie once the City's jurisdiction might expand to include these lake watersheds. We also worked closely with Durham County on the development of a County Watershed Protection Ordinance in 1985. (See Attachments B and C: copies of both Ordinances. ) 101 CITY HALL PLAZA. DURHAM, NORTH CAROLINA Z7701 (919) 683-4381 AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER Department of Water ResattrceA Orange County Board of Commissioners Page Two May 27, 1987 December 16, 1985, the City Council passed a Resolution requesting the Division of Environmental Management (DEM) to re- classify the Flat River and Little River to the highest possible level (WS I or WS II ) under the new stream classification system. ( See attachment D. ) The success of this request will depend very much on the actions of Orange County since much of these watersheds are located in the Cedar Grove and Little River town- ships of Orange County. Particularly important to this request is the development of local land management programs to control non-point sources of pollution. We would like to request that Orange County designate the Little River and Flat River Water- sheds in Orange County as "Water Supply Watersheds" and provide the same level of protection currently provided for Lake Orange, Corporate Lake, Lake Ben Johnson, Cane Creek, University Lake and Seven Mile Creek. I think this would be in the best interest of Durham and Orange County. The Durham water system already serves Orange County - citizens along U. S. 70 as well as having provided emergency water to Chapel Hill/OWASA in the past and with potential interconnection with Hillsborough in the future; the potential of Orange County citizens drinking Little River water is imminent. There may also be potential for separate water supply reservoirs on the North and South Forks of Little River to serve Orange County directly. Finally, the City of Durham is cooperating with Durham County on the development of a watershed wide study for the Lake Michie and Little River Watersheds. One of the major inputs into this study will involve collecting information on Orange County's existing conditions and long range plans for these watersheds. I would hope that Orange County would cooperate with Durham County as they move forward with this study. I am sure the information developed will be of interest to all parties concerned. Any help you can provide in protecting this outstanding resource for the future citizens of Orange and Durham Counties will be greatly appreciated. U�r�© CITY OF DURHAM 3 NORTH CAROLINA :18 691 b g FJ'TH cAR��Q� OFFICE OF ea� aa MAYOR E.J.EVANS NORTH CAROLINA DURHAM COUNTY BEFORE THE STATE STREAM SANITATION COMMITTEE PROPOSED RECLASSIFICATION OF ENO RIVER FROM ENO MEMORANDUM COTTON MILLS DAM TO NEUSE RIVER, LITTLE RIVER, BRIEF OF THE AND PERTINENT TRIBUTARIES—NEUSE RIVER BASIN CITY OF DURHAM At a regular meeting of the City Council of Durham on June 4, 1962, the following Resolution was adopted: "A RESOLUTION FINDING CERTAIN FACTS AND REQUESTING THE STATE STREAM SANITATION COMMITTEE TO RECLASSIFY AS "A--II" THE ENO AND LITTLE RIVERS AND THEIR TRIBUTARIES WHEREAS, the "Schedule of Classification adopted and assigned to Waters of the Neuse River Basin" , was adopted by the State Stream Sanitation Committee at its meeting duly called . and held on December 17, 1959, in Raleigh, North Carolina; and WHEREAS, the waters of the Eno River from Eno Cotton Mills Dam to dam at University Steam Station were classified "D" ("Suitable for agriculture and for industrial cooling and process water after treatment by the user as may be required under each particular circumstance"); from Dam at University Steam Station to Neuse River, class "C" ("Suitable for fishing and fish prop- agation, and any other usage requiring waters of lower quality"); and the waters of the Little River from its source to Eno River and its tributaries were classed "C" , with the exception of Foster Creek which was classed "D"; and WHEREAS, the City of Durham is supplying water not only to the City proper, but to many outlying areas, including Hope. Valley and The Research Triangle, and is also supplying water to Butner in Granville County and has agreed to supply water to Raleigh-Durham Airport in Wake County, and, no doubt, will be supplying other areas in the future; and ATTACHMENT A cd©Qq ; oY DURyq CITY OF DURHAM a 18 B9 a NORTH CAROLINA �aR��Q OFFICE OF MAYOR E.J.EVANS WHEREAS, during the last 50 years, the City has author- ized a number of engineering surveys and reports on possible sources of water; the City has paid half the cost of operating stream gaging stations on the Flat, Eno and Little Rivers and their tributaries in cooperation with the U. S. Geological Survey, in order to have adequate information on which to base future water supplies; the laboratory staff of the City has analyzed thousands of samples from these rivers in order to have adequate information on water quality, and all of these studies positively confirm that future water supplies for this City and area must be developed on the Flat, Eno and Little Rivers,_ and that they must be protected for that purpose; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DURHAM: 1 . That the recitals hereinabove stated are hereby found as facts. 2 . That the State Stream Sanitation Committee is hereby respectfully requested to reclassify the Eno River and the Little River and their tributaries from their sources to points of dis- charge at Neuse River and Eno River respectively as "A-II" ("suitable as a source of water supply for drinking, culinary, or food processing purposes after treatment by approved disin- fection only, and any other usage requiring waters of lower quality") . 3 . That the City Clerk be,and she is hereby, directed to transmit certified copies of this resolution to the State Stream Sanitation Committee in Raleigh, North Carolina." This Resolution was transmitted to the State Stream Sanitation Committee, together with a letter requesting appropriate action. The City was advised by Mr. E. C. Hubbard, Director, Division of Stream Sanitation and Hydrology, that the State Board of Health must approve all sources of public water supply. On June 12, 1962, the City requested Mr. j. M. Jarrett, Director, Sanitary Engineering Division, State Board of Health, for approval of the Eno and Little Rivers as a source of municipal water supply. The City received a copy of a letter from Mr. Jarrett to Mr. Hubbard, dated September 18, 1962, as follows: -2- E3�� pFDUipy4 CITY OF DURHAM 18 NORTH CAROLINA 69i ° 4,1.1\ �Q 6,5'N-EARetv OFFICE OF MAYOR E.J. EVANS "Mr. E. C. Hubbard, Secretary State Stream Sanitation Committee Division of Stream Sanitation and Hydrology Department of Water Resources Raleigh, North Carolina Dear Mr. Hubbard: The City of Durham, North Carolina, has requested that the Eno and Little Rivers, located in Orange and Durham Counties, be reclassified so that the City of Durham can use the rivers as a source of water for the municipal water supply. We have had samples of water from both rivers collected for bacteriological and chemical analyses and find that the streams are satisfactory to use as a source of municipal water supply. Therefore, it is requested that the Eno River and tributaries be reclassified from the Eno Cotton Mills Dam to its confluence with the Neuse River from D and C classifications to A-II classification and that the Little River and tributaries be reclassified from the source to its confluence with the Eno River from C and D classifications to A-II classification, in order to protect the quality of water in the streams for use as a public water supply for the City of Durham, North Carolina." Signed—J. M. Jarrett, Director Sanitary Engineering Division In support of the City of Durham's request for reclassification of the Eno and Little Rivers, we wish to direct attention to certain facts concerning these Rivers which we believe to be of vital importance not only to the City of Durham, but to a very large area surrounding the City. In the first place, the City's plans for the future development of a source of water on the Eno River do not embody any change or development in the planning which has been carried on for more than 50 years . Our request for reclassification is a re-affirmation of such long-time interest in the use of the waters of the Eno. It is a fact that the City of Durham was supplied water from the Eno from 1877 until -3- .._ ..R gp CITY OF DURHAM ` 3 NORTH CAROLINA 18 69: D. 0 NTH C;ao�°® OFFICE OF MAYOR E.J. EVANS approximately 1917 by the Durham Water Company, a private utility. This Company was purchased by the City in 1917 at a cost of $337,063.84, which not only included the filter plant and distribution system, but 43 acres of land including 2 dams on the Eno, and "Water Rights and Damages" , the latter being appraised at $11 ,000. 00 by Mr. Gilbert C. White, C.E. The City still retains title to these properties and Rights, with the full knowledge that while the Flat River north east of the City appeared to be a more attractive source of water supply in 1917, the Eno would be essential in the future. We should like to emphasize the fact that in making this request for reclassification, the City of Durham is acting not only in its own interests, but also in the interests of a large contiguous area. Chapel Hill and Hillsboro areas must look to the headwaters of the Neuse, as must future residents of a large area North of the Eno River, now undeveloped. A water line is being completed from Durham to the Raleigh-Durham Airport. It is a fact that the Research Triangle is today being supplied water from Durham,—and the Golden Triangle belongs to North Carolina! In the past, the City has only had to provide water to residents and a few customers in the fringe areas, and it has been relatively easy to project water requirements well into the future. Growthwas relatively slow, and it appeared that water provided by the City impoundment on Flat River would be sufficient for a great many years. However, the creation of Camp Butner in 1942—now Butner, North Carolina, the great post-war exodus of Durham's citizens into suburban areas , the concept and creation of the Research Triangle, and finally the huge growth of the Raleigh-Durham Airport have superimposed new and unforseen demands upon the City for water which have very materially reduced the reserves of water from Flat River. The City has in fact agreed to supply Butner and The Research Triangle with up to 8 million gallons of water per day. Ten years ago water consumption for the entire City of Durham was just over 8 million gallons per day! The Research Triangle Planning Commission has made very exhaustive studies of future growth in the Triangle area, including Durham, and the City has cooperated with the Commission closely. Our planning has been considerably influenced by the Reports of the Commission, particularly as to projections of area water requirements. The City did not oppose the present classifications of the Eno and Little Rivers for several reasons, one of which was the fact that the Flat River supply appeared adequate for a long period in the future, which no longer is true, as -4- c�,�i� O�:?y; CITY OF DURHAM tee ' NORTH CAROLINA ;18 69i pU'OQQ OFFICE OF MAYOR E.J. EVANS set forth hereinbefore. Further, there had been little or no industrial or com- mercial development on the watersheds of these Rivers; the State and local drives to locate new industry in North Carolina has already caused at least one new industry to locate on the Eno River, with the possibility of appreciable future development. While these changes in the status of local water resources are quite simple and obvious, a much more subtle and dangerous threat to these, and all water supply resources has arisen. The most important reason for the protection of the Eno and Little Rivers by reclassifying them "A-II" waters is the insidious change in the nature of the substances that are polluting our waters today. Formerly, we were principally concerned with pollution caused by domestic wastes, and by the discharge of industrial and commercial wastes, which, although a threat to the public health and a nuisance, were relatively simple wastes which could either be assimilated by the receiving streams or rendered inoffensive by proper treatment. World War II triggered a "crash" program of industrial development in all of the major nations participating, and as a result, tens of thousands of new chemicals, processes and products were created and thrust into our daily lives. This explosive development in technology in turn loosened a Pandora's Box of new and unknown wastes into our air and into our waters . First, under the pressure of wartime economy, and later because of greed for profit at any cost, a host of new wastes were discharged into our rivers with little or no knowledge concerning their immediate or long range effect on the receiving streams. There seems little doubt that this trend will continue, increasing the threat to our future water supply sources. There is grave risk in permitting new or additional-process wastes to be discharged into future reservoir sites; we cannot foresee the effect of such wastes saturating the soil or laying down deposits. The enormous increase in the use of radioisotopes which eventually find their way into our watercourses should in itself be sufficient reason to prohibit pollution of future reservoir sites. There are other objections to any policy of interim pollution pending devel- opment of a source of water supply, which the City feels should be considered by the Committee. Should an owner or lessee be permitted to discharge any wastes into a stream intended for future water supply which would not be permitted if the stream were actually being used for this purpose, it would be difficult and time consuming to prevent the continued discharge of such wastes when the stream were needed for water supply purposes. Claims of prior usage and hardship, -5- • �i°LpUR�►°� CITY OF DURH ••\ DURHAM 'I$ NORTH CAROLINA fig: a r gyp+ `4ri H CARO 0 C,VCZQ3 OFFICE OF MAYOR E.J. EVANS community distress , dispute concerning the effect of the wastes and possible long drawn out legal maneuvers would almost certainly result. In summation, we wish to state that we believe that second only to our people, our water is our greatest resource, truly priceless, and a resource which will be of ever greater worth to Durham and the Triangle area. We there- fore feel it is prudent and necessary that the waters of the Eno and Little Rivers be reclassified as "A-II", and do hereby request the State Stream Sanitation Committee to take such action. Respectfully submitted this the 7th day of February, 1953. CITY OF DURHAM BY CIICJ #V • E. J Evans , Mayor hvl / E/27/2z, A,CCFTED EY CITY C.T..)LjC"._ SETEEER 5, l',112 • =.eaulations for Deelc=7nert rr:tical ',-.2-ter5rei Areas A. In order that the City oF DuFnar-, i -n , County d s...rrcundin.: areas mPy c. 1- n' to have a healthy es:r.o-Ld cli7ate, i7 is dssertial that ,a,Jecuat • ies o• drinking water • assL:rec. lionflicts can arise ir, ,:eering 1-Tis coal when industrial , ur r suaorbar deyelcament occurs in that are close 10 water supply reser,:oirs. SecHentation an erDsian fr77, development car en d ha3 reduced the starzge oappcity of reser-vcirs. Storm runoff frot developed areas can irtrod-._.ce pollut2r-te into the dr:hLiiro w-,ter supply, makino water treatment more cctplicated and expensive. EfflJeFt from nearPy wastewater treat7ert plarts can release pnosphorus coo c-her pl)flUtaflts irto the •;c -e.7- eitrer Ldrkct 0, eacrr ie TO treat, Or urp,2seable for recreat. an purposes. :ertzain typos of inOusr. a : land uses create the risk of creh-.ical 5: His oco'Jrring end co-tatirE.±-irT the reary reser-vc: r T.r.e so car cont-- ired. The purpose pf tne Critical w'atershed 2:strict is to establisr measures to - rstect cf tre present arc f_.--„re supply for -he 0:T'.', CCfl-ry and reigrtorino localities. Eesase these protcstive mar e- He SCMe iatitL,tde. • anc be 'use the DictriCT IS not inter.aed TC prescri'D-:, a saecific and uze, eut 7 -=,..r a ranee of acceptaole lar,d, uses, t he Critical Wa . ..e.. = District is ',7 *:76.7. as an sverHy district. Witnir --he ran.-7.e of land use's -,-h oh can he located witnir the District, there are SflOd ti' sectior ;oerfor-nance COC.. whicr apply to ,f.:.v-12...:011.r-7 • oh occurs ';. ;7 lH-s or ::,saser : :o ID'Jrra77. Con ,-,/ . Ire =istrict of to :arts : 1 ) a Water Duality Critical Area; and 2) a L7.-7.:-eo C.:Pter a:ality Critical Area tey be established far la.nd which lie; .7.31 the reservoir at nor-al pcai and extend watershed atea of the reserysir to a point beyond e;trer the ricge lir: the reser,icir wa-l-ershed or one 7n: from the sr-orelires of the Feser, cir at pool , evel , whichever is the shorter diz , cnce. The boL:rOar! .s.-: for- ▪ Critioal -,rea shall be e-2-7 at places readily ider.tifiable or -Fre • .3- ch as streams . rc,=s Or proas -ty lr r± case wrers • mile diQTroe is diZtT;n:e, no nearby identifiable feat-..,res on the Loring i4ac 7,7„ 2100 tre sai 'd '2,2 set at tee nearest ioe7:tifiaale between one and two mi :es from the shoreline CT nC7-:. • Limited lndustri, l Area 771y he est.elolisnei for the remaining part of t.re wetershed area of the reservoir. For portions of the watersna,..: drainirn directly to th A (water sL;pply) se=ents of the reservoirs, ar:y Limited industrial Area extend from the Water quality Critical Area to tlre 1::,ouraries of The watershed. For cortions cf the reservc)ir watershed rct crc ifl ire ;:in..;:cTly to the All secr7.orts of the reservoir. th ATTACHMENT B I Limited Industrial Area may extend from the Water Quality Critical boundary to a distance of up to i72 mile from any publicly held lands acquired for the reservoir. The Limited lhcustrial Area shall not c:verlad the Water Quality Critical Area, but shall oe placed only in tho:e ereas meeting the above criteria which also extend beyond the Water Oval It, Critical Area. The boJhdar.ies for the Li7.ited Industrial Area shrH set at places readily idehti - iaole on the =oning liap, such as streams, roads or property lines. C. Site Plan Pecuirement Except for single family detached homes cohetr. within a "mlnorn subdivisioh of :es s than five parcels, ail 'crr-..s, of orment within the Criticai Watershed District shall be required TO site plan preL,,ned and aperoved before any tuildinq permits or land disturl:- inc activity takes piacG. All single family home,: exempted from td CC olF4n req,,irment are St; i1 sub ct to all other reduirement,7 o= this secch and in order to receive a 'LPL:Ticino permit, a scaled drawinc 5h ! : be r.litted which indicates applicable recu : re7ent5 will be r:'1,?.7. Al site plans reuired under this section shell conform witn the site plan provisions of :-.:ectIon 24-12. 1 and unless other requirements in the Zoning Ordinance specify otherwise, final approval authority shall be vested in the Subdivision aview E'oard. All develoflmeht activities or site work conducted after approval of the site plan shell conform with the scecifica- ti •ns of said site plan. %]inor amendments tc,. established site plans for development in the district may be amended throuch action of the Eubdivison Peview Eoard. or the •urp--:es o thiq section, •'evelmpent shall :Pe defined as any new bi :dirg =,:tiv :ty 1 ) outsice any subdivisions of record which are at least oartialii co.7.blete and 2) consictert with the eiemeh-s- described in the ce= i : t'or rcr :evelocmeht founc ih Section D. Land LEG '-':estrictionc,. H, thc '.;hderlyinc zchinc districts - snal ; control the and us perTnitted, within tne Critical 'watershed =,'istr:ct. Eesides those limitations, -:owever., there may be several other pe=fttd use limitations which apply. Those further lir:itaticns are: 1 . hater Oval it,' Criticel „7„-i-" iti,-n 7,-; The ! HiTeTic . permitted uses prscribed for The underlyin7 zoninc district, the following restriction,: sh. 11 apply to 77,n Water Quality Critical Area portion 0= the district. a. Industries. No inC"istrie, or any other 5:.:siresse": distribute or warehouse ihd-.!striai materials OCV be locates: within the Water a: 1 ;-,-/ CriiiCZi b. Offices. Offices shall only be per-h.i*ted on land parcels of no less than one acre. Also, no office use cn a strafe parcel of It shall have more than 3,000 square feet of gross floor area. Offices shall meet all other require- 1 ments of this section. ThGse restrictions shall not be construed as to prohibit home occupations as defined in Section 74-12.F. -2- -■ c. Commercial and Service Establishments. Uses which provide for the sale of motor fuel for motor vehicles are prohibited within the Water r', ality Critical Area. Other commercial and service establishents shall °r. ly be permitted on and p,!5[-C915 of no less then one acre. Also, rc commercial or service estetlisher-,7 071 a sir• le parcel of land shall hafe more Than 3,OCO sdoare feet of dross floor area Commercial arid office uses shall meet all other reduirements of this. sectir,n. These restrictions shall not be construed as to prchilt home occupations as defined in Section 24-12.P. d. Residential . There are no additional restrictions or T. type of residential and use aliced Hthin the Water Critics! Area e. Landfills or Waste EJsecsal . No Isndfills or waste disposal facilities of any kind (except For septic tanks) may be located within the Water c.._:ality Critics; Area. 2. Limited In.:IL:stria! Area. In addition to the limitations on permitted uses prescribed in the underlying zoninc district, the following re- strictions shall apply to the Limited Industrial Area. a. ! ndustries. Only those industries which do not use, store or produce cJntities or substances ecus ! to or exceeding the threshold amdnts listed on the CERCLA or Michican Lists of hazardous materials may be located within the Limited In- • ustrial Area withd....t a use perm:t. Ear industries classified as "Tier Ill " : ndstr. es :whicH excHdes industries usind hazardous wastes and industries us inc or producing s._::stances which present an immediate hazard to health, safety or the en- vironment) , which use or produce ore or more substances en tte above lists in at least the threshold amounts, a use permit fron, the Soard of Adjustment shall be required. No Tier I or II indstries shall be allowed within the Limited Industrial Area. In addition to the hOrmal review criteria considered for the use permit, the Soand shall consider the Special Reduiremente for hazardous materials uses found in Section 24-12,i".K of the Zoning Ordinance. The Soard, in issuing suoli use permit, may designate conditions It feels are reasonable and appropriate to ensure- continued coo: Hance with the requirement': for the use permit, as- described in Section 24-I2. KK.2. b. Offices. There are no additional restrictions on the type of office land uses allowed within the Limited Industrial Area. c. Commercial and Service Establishments. There are no additional restrictions on the type of commercial and service establishments allowed within the Limited Industrial Area. 7 - , • . d. Residential . There are no additional restrictions on the typo of residential land use allowed within the Limited industrial Area. e. Toxic or Hazardous Waste DI _so ! . No facilities which dispose of toxic Cr hazardous .,es es may be located within the Limited Industrial Area. F. Impervious Li °tic ._.. In order to prevent an excessive amount of '`J I DUS SU.- 7Oe ;rate runoff 1:7:7,_... dam.ag i ny the water er qua I i ty of the reservoirs, it is nnecessary to encourage as much infiltration as possible of runoff e surfaces onto land areas which can absorb and filter runoff. For the pur- poses of this SCOT O'^, an it 'rvious surface is defined as a Su m ``. of any material that impedes or prevents gents natural- infiltration of 'w e into the so i l . Impervious surfaces may include, but are not limited to: roofs , , streets, parking areas , tennis courts , driveways , patios, sidewalks, any concrete, asphalt or compacted gravel surface. Impervious surface cal- culations for an individual development, sha l l be cumulative for original construction or any s.,_se'_uent additions which are made. The following impervious surface l i its shall be applied to the Critical Watershed District as specified below. 1 . Water Duality Critical Areas. There shall be a limitation of no more then the and area of that portion of a sin y Ie devel - men . Iccated within in t. - boundaries of the Wat er Quality Critical Area which may te covered by an impervious surface. Roof areas of residential buildings may be excluded from the impervious surface calculations if roof . , . . , f is kept moo„ directly or indirectly entering _ Cr parki =./Criveway bra i nc e systems, tu7 rather is directed to infiltrate the first one inch of stormwater co lash or natural ,e2etstion areas within the confines of the p i :ulam development in which the roof is located. Limited Industrial Areas. a. For a development or portion of a development within the Limited industrial Area which does not have public surer service Cchnacted to it, there shall be a limitation of no L more than, 12% of the land area of that development w i t h i n the Limited Industrial Area which is covered by an i ery , ..ss surface. 5. For a development cr. portion of a development within the Limited Industrial Area which does have public sewer service connected to it, there shall be a limitation of no more than ov:U of the land area of that development within the Limited Industrial Area which is covered by an impervious surface. C. Exceptions to the impervious surface limitations specified in a) and b ) above may be granted by City Council , upon recommendation from the Subdivision Review Board. Considera- tion of whether to orant such relief shall be based cn a demonstration, to the Council 's satisfaction, that the site plan reflects special features to safeguard against contamina- tion of stormwater leaving the property, including the infiltration, retention or detention of the first 1/2 inch of stormwater runoff from impervious surfaces. F. Snec i a l Runoff and Drainace Ccntrc I Recu i nemen I s- I t i s necessary To I ";sse several requirements on development in the Critical Watershed District in order to prevent damage to water quality that is not necessarily attributed to an individual property within a development. These requirements are specified below. 1 . Stormwater Runoff Retention. For development within the Water Quality Critical Area, measures shall be employed to infiltrate or retain the first 1/2 inch of stormwater runoff from impervious surfaces during a storm occurring within a 24-hour period. For development within the Limited Industrial Area, measures shall be employed to infiltrate; retain or detain (detention being least preferred) the fir 1/2 inch of stormwater runoff. Methods to accomplish that infiltration, retention or detention shall he shown on the site plan. The area to which this requirement shall apply may be for each individual lot within a single development, or, th e development as a whole. If the developer elects to satisfy �ev�. iOp, this requirement for the ceve i c ,,ent as a whole, the site plan shaII indicato how any devices or s es used to acaomp I i sh The retention cr infiltration sh,a i be maintained. 2. Stream Buffer. For all perennial streams indicated by a solid blue line on the USCS tocog raph i c =is for land within Critical Watershed District, a 50--foot vegetaTive buffer left in its natural state siloI I be maintained on both sides of The stream bark. For all areas desicreted as floodway or flcodway fringe on the official Zoning hiap and located within The Critical Watershed District, a iJ ft. vegetative buffer shall be maintained on both sides of the stream bar•' Street crossings, utility lines, recreational and greenway facilities and recreation related paved surfaces may be allowed as exceptions to the vegetative buffer requirement in perennial stream buffer areas, flcodways and floodway fringe areas. Such intrusion shall be minimized or mitigated, to the extent possible. D. Street Runoff and Drainace. New streets constructed within the Water Quality Critical Area shall not require curb and gutter. New streets which cross perennial streams within the Water Quality Critical Area shall be designed in such a way to avoid direct runoff from pavement surface into the stream it crosses. Such design features shall be indicated on the site plan. -5- 4. Undercround Fuel or Chemical Tanks. There shall be no underground fuel or chemical storage tanks allowed within either the Water Quality Critical Area or the Limited Industrial Area. For the pur- poses this section, underground refers to the burial of such tanks below the surface of the ground or the covering of them by a berm built above grade. Spill containment measures ( i .e. dikes , double lined tanks, etc. ) must be taken for any fuel or chemical tank. G. Sewer Service Limitations. Several limitations on sewer service and wastewater treatment facilities are imposed within the Critical Watershed District in order to prevent discharges of untreated or inadequately treated wastewater into the water supply, and to prevent dense urban development atterns f encroaching into the District, creating risks of stormwater runoff contamination. Those limitations and restrictions are described below. 1 . Water Quality Critical =,reas. The following sewer facilities restrictions shall apply within the Water Quality Critical Area portion of the District. a. Wastewater Treatment Facilities. No new public or private wastewater treatment plants or community sewage treatment facilities of any kind shall be allowed. b. Sewer S ery i ce. No private sewer l i nes sha l l be a l lowed inside the Water Quality Critical Ar ea. N o pub lic se er lines or outfa . l v s he i l he allowed unless gravity flow is provided point oint outside the 'Water Quality Critical Area nd the first one inch of stormwater runoff from impervious surfaces within the area served by the sewer lines is infil- trated or retained. Sewer lines shall conform to standards and specifications as set forth by the City Engineer for the Water Quality Critical Area. 2. Limited Industrial Areas. The following sewer facilities restriction: shall apply within the Limited Industrial Area portion of the Districts. a. Wastewater Treatment Facilities. No privately owned discnar_- ing wastewater treatment facilities shall be allowed within the Limited Industrial Area, and no expansions of existing private discrercing wastewater treatment facilities shall be allowed. b. Industrial Pretreatment Plants. Pretreatment facilities for use by industrial firms to prepare wastewater for discharge into the public wastewater collection or treatment system shall be allowed within the Limited industrial Area. -6- • c. Discontinued Use of Private Surface Discharge Facilities. After a reasonable time to comply is set by the City Council , no person shall continue to operate or use a private surface- discharge sewage treatment system when publicly owned sewer lines are extended to or adjacent to the property served by the private system. H. Application of these Regulations to Project Partially Complete. For any development which has received before August 13, 1984, either preliminary plat approval or site plan approval , and which is at least partially com- plete, any subsequent phases of said development included in the plat or plan which was approved may be completed without being subject to the additional regulations imposed in the Critical Watershed District. Any additions, expansions, or phases which deviate 'sienificantly from a site plan or preliminary plat approved before that date shall be subject to the Critical Watershed District regulations. The Subdivision Review Board shall make the determination as to whether any change from a previously approved plat or plan is significant. A development shall be deemed at least partially complete if occupancy permits have been issued for any of the structures contemplated in the approved plat or plan. 1. • -7- • w W �s/ /921; SECTION XIXXV — Regulations for Development Within Critical _ Watershed Areas. - A. Intent and Purgos-e — The primary intent _of the Critical Watershed Ordinance in Durham County is to protect and enhance our water resources and insure a healthy economic environment. The purpose of the Critical Watershed District is to establish criteria to protect existing watersheds in Durham County. This Critical Watershed District is designed as an overlay district. All development •within the Critical Watershed District shall comply with the requirements of this section and with the requirements of the zoning district in which they are located. Within the range of permitted land uses which can be located- within the District, this section establishes performance standards which apply to development which occurs there. 3 . !4}m „ Q �,a»r i ctr * — The- Critical Watershed District may be established for certain lands within the watershed of any public drinking water reservoir which lies in Durham • County. The District shall consist of two parts : 1) a Water Quality Critical Area; and 2) a Water Quality Basin Area. A Water Quality Critical Area may be established for land which lies adjacent to the shoreline of the reservoir at normal pool level and extends within the watershed area of the reservoir to a point beyond either the ridge line of the reservoir watershed or one mile from the shoreline of the reservoir at normal pool level, whichever is the shorter distance. The boundaries for the Water Quality Critical Area shall be set at places of identifiable physical features 3 on Durham County Tax Maps, such as streams, easements, streets, railroads, or property lines. In a case where the one mile distance is the shortest applicable distance, and where there are no nearby identifiable features on Durham County Tax Maps to indicate the Water Quality Critical Area boundary, said boundary may set at the nearest identi- fiable feature between one (1) and two (2) miles from the shoreline at normal pool level. A property owner may at their own option and expense employ a registered land surveyor to mark on the ground by survey for recorda- __ __ __ tion either the ridge line or the one (1) mile line as the boundary of the Water Quality Critical Area. A Water Quality Basin Area may be established for the , . remaining part of the watershed area of the reservoir., ,: - y- : For porticns of the watershed draining directly to :Class A II water supply segments of the reservoirs as designated by the North Carolina Environmental . A • • ATTACHMENT C - Management ComBissio�,Quali�YyCri�icaltArea Basin to the boundaries Area extend from the Water Quality of that portion of the watershed. For portions of the watershed draining directly to non Class A II segments of the reservoirs, the Water Quality Basin Area may extend within the watershed area of the reservoir to a point beyond either the ridge line of the reservoir watershed or two (2) miles from the shoreline of the reservoir at normal pool level, whichever is the shorter . distance. The Water Quality Basin Area shall not overlap the Water Quality Critical Area. In a case where the two mile distance is the shortest applicable distance, and where there are no nearby identifiable features on Durham County Tax Maps to indicate the Water Quality Basin Area boundary, said boundary may be set at the nearest identi- fiable feature between two (2) and three (3) miles from • the shore line at normal pool level. The boundaries for the Water Quality Basin Area shall be set at identifiable features on Durham County Tax Maps such as streets, streams, railroads, easements, or property lines. A property � ' owner may at their own option and expense employ a registered land surveyor to mark on the ground by survey for recordation the two (2) mile line as the boundary of the Water Quality ' Basin Area. _ . C. SitLe v, equc _ . ---1 -Single family subdivisions are exempt from any site plan requirements but are still subject to all other requirements of this section. All multi-family, apartment, townhouse, and condominium residential developments shall conform to plan requirements set forth in Section VIII, subsection 3 , paragraph (b) and (d) . All commercial, office and industrial developments shall . , _- ; conform to plan requirements set forth in Section XIII, 1. subsection 1, paragraph (b) and subsection 5, paragraph (g) . Final site plan approval authority shall be • vested with the Board of County Commissioners. All develop- ment activities or site work conducted after approval of • the site plan shall conform with the specifications of the site plan. Minor amendments to established site plans for development in the district may be amended by the Board of __. ____ ___County Commissioners„.__-___.-_. — - -- — - D. Lard ulA. gaq17.r• -t ons, - Within the Critical Watershed District the land uses of the underlying zoning district shall be permitted. Besides those requirements, however, -3; there may be other permitted use limitations which apply. .ry -1. i�e= t � • t In addition to the limitations or permitted uses outlined in the underlying zoning district, the following restrictions . shall apply to the Water Quality Critical Area portion of the district. 2 t. } • . • a. RaA_' -+ e-,t4 =1, -- No building shall be erected, altered, enlarged, or used on a lot having less than 80 ,000 square feet in area and a width of not less than 150 feet. A storage tank for residential home heating fuel shall not exceed 500 gallons. Any tank shall be located above ground and so designed to contain a leak or spill. Legal non-conforming lots of record less than 80,000 square feet in area and 150 feet in width platted prior to the adoption of this ordinance shall be exempt from area and width _ requirements of this ordinance. (Legal non- conforming buildings and uses on lots of record constructed prior to adoption of this ordinance shall be regulated by Section XXXI, Ncn-Ccmfo"74 "K. guild rQS ara Users, of the Durham County Zoning Ordinance. ) - b. n, s a1,U ; h A * - The sale of motor fuel for motor vehicles is prohibited within the Water Quality Critical Area. A fuel storage tank for heating purposes of business establishments shall obtain a Use Permit from the Board of Adjustment. The tank shall be located above ground and be equipped with monitoring devices to detect any leakage or seepage. No commercial or service establishment shall be permitted on a lot of less than 80 ,000 square feet and less than 150 feet in width. Legal non-conforming lots of record less than 80 , 000 square feet in area and 150 feet in width platted prior to the adoption of this ordinance shall be exempt from area and width requirements of this ordinance. (Legal non- conforming buildings and uses on lots of record constructed prior to adoption of this ordinance shall be regulated by Section XXXI, Nor-- ^*,,r.L; ^_g, Build. r7s and Usez, of the Durham County Zoning Ordinance. ) c. r.,,+„=t ies - No industries shall be located within - the Water Quality Critidal Area.-,_-- - ---- d. l,�ra '+ , ' s or V%ste Disposal - No landfills or waste disposal facilities of any kind including toxic and hazardous waste facilities (except septic ` ;;- tanks) shall be located within the Water Quality 41 Critical Area. - 2. e� ,. + r., a =+ d - In addition to the require- ments or permitted uses indicated in the underlying zoning district, the following restrictions shall apply to the Water Quality Basin Area. 3 a. gp¢?d?r_tii - No additional restrictions on the - type of residential land use permitted within the Water Quality Basin Area. b. �,�� ,,,ss cr ,,,�; 4r�,�►+re - No additional restric- tions on the type of business establishments permitted within the Water Quality Basin Area. . i c. Tndus`r-ie. - No industries shall be located within the Water Quality Basin Area in a watershed draining directly to Class A II water supply segments of the reservoirs. The Standard Industrial Classification Manual shall be the source to determine the classification of permitted industrial uses which are located in a watershed draining directly to non Class A II segments of the reservoirs in the Water Quality Basin Area. 20 . Food and Kindred Products (excluding the subsections entitled meat products, grain mill products, fats and oils, and miscella- neous food preparations/kindred products) 21. Tobacco Manufacturers 22 . Textile Mill Products 23 . Apparel and Other Finished Products made from Fabrics and Similar Materials 2L . Lumber and Wood Products fl 25 . ' Furniture and Fixtures 25 . Paper and Allied Products 27 . Printing, Publishing and Allied Industries 30 . Rubber and Miscellaneous Plastics Products 31. .- Leather . and Leather Products __ ______._- 3q. Fabricated Metal Products 35 . Machinery 36 . Electrical and Electronic Machinery, Equipment, and Supplies 37 . Transportation Equipment u • • • • • 38 . Measuring, Analyzing, and Controlling Instruments ; Photographic, Medical, and Optical Goods ; Watches and Clocks • 39. Miscellaneous Manufacturing Industries Those industries described as Major Groups in the Standard Industrial Classification (SIC) Manual listed above which plan to use, store, distribute or produce hazardous substances equal to or exceeding the RQ (Reportable Quantity) threshold amounts listed in the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) , Table 302.4 and the- Michigan Critical Materials Register shall register with the-Durham - Durham County Emergency Management Agency and Durham County Fire Marshal the. types (common and scientific names) and quantities of hazardous substances used, stored, distributed or produced, and the location and method of storage within six (6 ) months following the enactment of this ordinance and annually thereafter. An inventory of such substances shall be maintained on the premises available • , ' for inspection by the Durham County Fire Marshal and the Durham-Durham County Emergency Management Agency. d. 19't 4r or W 'ar-ioi,s Waste T]` gmoAfi'. - No facility which recycles or disposes of toxic or hazardous waste shall be located within the Water Quality 3asin Area. Such facilities are defined in NCOS 1433- 470 .2 entitled Hazardous Waste Treatment Facility and Hazardous Waste Long Term Storage Facility . E. 7-.,pr.ri r+, Cr,r are T ^+ �`r na - For the purpose of this section, an impervious surface is defined as a surface composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious surface may include but are not limited to : roofs, decks, driveways, patios, sidewalks, parking areas, tennis courts, streets, any concrete, asphalt or compacted gravel surface. Calculation of impervious street coverage shall be deter- mined by the area of right-of-way between the center line of the street and the edge of a compacted surface. 1. Wa*_Pr QLai ;ry (70.4L4c�1 ,4rol - There shall be a limitation of no more than 6% of the total land area of a single development located within the boundaries of the Water Quality Critical Area which - - -4 may -be covered by an impervious surface. Roof areas of residential buildings may be excluded from the ` impervious surface calculations if roof runoff is kept from directly or indirectly entering street or parking/driveway drainage systems, but rather is directed to infiltrate the first one inch of storm water across lawn or natural vegetation areas within 5• i the confines of the particular development in which the roof is located. If the proposed impervious area is greater than 6% but less than 9% a Special Use Permit may be issued by the Board of County Commissioners. Consideration to grant impervious coverage relief shall be based on presented evidence to the County Commissioner' s satisfaction that the site plan contains unique features to safeguard against contamination of stormwater leaving the property, including the infiltration, retention or detention of the first one (1) inch of stormwater runoff from impervious surfaces. The maximum- permitted impervious coverage shall not exceed 9% . 2. W er Q1121 1 tv ?asi^- 4re3 a. For a development or any portion thereof within the Water Quality Basin Area which does not have public sewer service, there shall be a limitation of no more than 15% of the land area of that development within the Water Quality Basin Area which is covered by an impervious surface. If the proposed impervious area is greater than 15% but less than 20% a Special Use Permit may be issued by the Board of County Commissioners. Consideration to grant impervious coverage relief shall be based on presented evidence to the County Commissioner' s satisfaction, that the site plan contains unique features to safeguard against contamination of stormwater leaving the property , including the infiltration, retention or detention _ ..': of the first one (1) inch of stormwater runoff from impervious surfaces. The maximum permitted impervious coverage shall not exceed 20%. b . For a development or any portion thereof within the Water Quality Basin Area which does have public sewer service, there shall be a limitation of no more than 30% of the land area of that development within the Water Quality Basin Area which is covered by an impervious surface..-..If- the proposed_ __-- � � � impervious area is greater than 30% but less than 40% a Special Use Permit may be issued by the Board of County Commissioners. Consideration to grant impervious coverage relief shall be based on 41 ,;4 presented evidence, to the County Commissioner' s ? satisfaction, that the site contains unique features to safeguard against contamination of stormwater leaving the property, including the infiltration, retention, or detention of the first 6 one (1) inch of stormwater runoff from impervious surfaces. The maximum permitted impervious coverage shall not exceed 40% . F. i i •Tc ?Tl4 mini O ••F.+ 1 - - f ir°m4" " - — In order to prevent damage to water quality that is not necessarily attributed to an individual lot within a development it is necessary to impose additional requirements on development in the Critical Watershed District. The purpose of runoff control measures is to reduce the offsite effects by minimizing clearing, compaction, and overall site disturb- . ante, while maximizing vegetated areas for stormwater infiltration. In order of preference, stormwater control measures include: a. Onsite infiltration through undisturbed vegetated areas; • b. Structural, or engineered infiltration ,, measures such as trenches or retention ponds that reduce the total amount of runoff; c. Detention structures that reduce the rate, but not the total amount, of runoff; 1.%13�ar f�11?l t C-417.4^ 1 4,-mm a. c- ^""w==,r } - - For all new development, measures shall be employed to infiltrate or retain the first one-half ( 1/2) inch of stormwater runoff from impervious surfaces during a storm occurring • within a twenty-four (24) hour period. b . 1=3. ?:=e" - For all perennial streams indicated by a solid blue line on the USGS topographic maps a one-hundred (100 ) foot vegetated buffer shall be maintained on both sides of the stream bank. For all areas designated as floodplain in Unincorporated Areas of Durham County on Flood Boundary and Floodway Map -by ..the Federal Insurance ___; _ Administration of the Department of Housing and Urban Development, a one-hundred (100 ) foot vegetative buffer shall be maintained on both sides of the stream bank. Street crossings, utility lines, recreational and greenway facilitifemannials to • the .vegetative buffer requirements in pere stream buffer areas and floodplains. j 7 c , �.,ev* v,•.. -� a*�+ r= ^ao� - New streets con- .- structed shall not require curb and gutter. New streets which cross perennial streams shall be designed in such a way to avoid direct runoff from 1 pavement surface into the stream it crosses. d. a-r Chemical Tanks - No underground fuel or chemical storage tanks shall be permitted . Spill containment measures must be taken for any fuel or chemical tank. 2 . Water Cua i tv Bast Ilea a. Starn•water Retentioq - For all new development, measures shall be employed to infiltrate or retain the first one-half (1/2) inch of stormwater runoff from impervious surfaces during a storm occurring within a twenty-four (24) hour period. 3 b . Ztr ±�� r - For all perennial streams indicated by a solid blue line on the USGS topographic maps a fifty (50) foot vegetated buffer shall be maintained on both sides of the stream bank. For all areas designated as floodplain in Unincorporated Areas of Durham County on Flood Boundary and Floodway Map by the Federal Insurance Administration of the Department of Housing and Urban Development, a fifty (50) foot vegetative buffer shall be maintained on both sides of the stream bank. Street crossings, utility lines, recreational and greenway facilities may be allowed as exceptions to the vegetative buffer requirements in perennial stream buffer areas and floodplains. • c. Street Rurofr and Dr34 ^a?t - New streets con- structed shall not require curb and gutter. New streets which cross perennial streams shall be _._. .. _ _.._....._. _... designed _in such a way to avoid direct runoff from pavement surface into the stream it crosses. - d- er "?'-,a�' c„e, or C :oil T .ks - No underground fuel or chemical storage tanks shall be permitted. - Spill containment measures must be taken for any fuel or chemical tank. • G. ,5eKer Service timitat4 !t3 - Several limitations on sewer service and wastewater treatment facilities are necessary within the Critical Watershed District in order to prevent discharges of untreated or inadequately treated wastewater . 8 • in the water supply . Those limitations and restrictions are described below. 1 . arm l ; v r; " "I rah - The following sewer facilities restrictions shall apply within the Water Quality Critical Area portion of the District. a. Wastewater Treatment FaCil t'el - No new public or private wastewater treatment plant or community sewage treatment facilities of any kind shall be permitted except on-site individual ground _ absorption system. b . 2swor Sery -e - No private sewer lines shall be allowed inside the Water Quality Critical Area. No . public sewer lines or outfalls shall be permitted in a Water Quality Critical Area watershed basin draining directly to Class A II water supply segments of the reservoirs unless gravity flow is .-+ provided to a point outside the Water Quality Critical Area, and the first one (1) inch of stormwater runoff from impervious surfaces within ` the area served by the sewer lines is infiltrated or retained. Public sewer lines, pump stations, and outfalls shall be permitted in the Water Quality Critical Area watershed basin on non Class A 11 water supply segments of the reservoirs. Sewer lines shall conform to standards and specifications as set forth by the County of Durham. Lot area and lot width requirements for residential and commercial establishments are + 4 ;, excluded from the Water Quality Critical Area if l public sewer is available as described above. The lot area and lot width requirements shall meet the regulations of the underlying zone classification. 2. X%tar Qu=lit7 Bas: ,, &reds - The following sewer facilities restrictions shall apply within the Water Quality Basin Area. a. No privately owned discharging wastewater treatment facilities shall be permitted within the Water Quality Basin Area, and no expansions of existing private discharging wastewater treatment facilities "� shall be permitted unless approved by the•: `�• Environmental Management Commission of the State of . i North Carolina; and securing a Special Use Permit The from the Durham County Board of Commissioners. County Attorney shall advise the legalmagreements Board of County Commissioners = necessary between the applicant and Durham County . 9 _. 1 • to insure continuous operation _ maintenance of private atmetfacilities. approved by the Before any Special Use Permit is app Durham County Board of County Commissioners, an appropriate legal instrument(s) shall be made a condition to granting the Special Use Permit. The form of this agreement' may be a third party :. deed of trust, surety bond, escrow deposit, or other legal instruments approved by the County Attorney to insure private operation, maintenance and responsibility of the treatment facility. b . T* *ri i �.., a A i - Pretreatment facilities for use by industrial firms to prepare wastewater for discharOgetreat wastewater collection treatment system shall be allowed within the Water Quality Basin Area. . c. Di Mi'irPtIOA • e .r flriv i'o r e i - . - S ; lr i - After a three (3) year time period, no person shall continue to operate or use a private surface discharge sewage treatment system or individual septic system when publicly owned sewer lines are extended to or adjacent to the property • served by the private system. 1 f 21.4 .1.1 .r' T1+0 - - rta r•l ai'4 »¢ i'. P� ie f• '2 t4 11v m,,, ___ - For any development which has received before May 29 , 1985 either preliminary plat approval by - tae Planning Commission or Special Use Permit and site plan approval by the Board of County Commissioners, any j subsequent phases may be completed without being subjected -, 4 : to additional regulations imposed in the Critical Watershed •�- . District. Any additions, expansions, or phases deviate significantly from a site plan or preliminary plat approval after May 29, 1985 shall be subject to the Critical Watershed District regulations. The Durham County Planning Commission shall make the determination as to whether any change from a previously approved plat is significant. The Board of County Commissioners shall make the determination as - to whether any change from a previously approved site plan---or -SpeciaL"'Use--Permit- is'significant. - - E�» C'rT��E 1LAT . Hav �o , lc$G - - 10 _ - l;c•;,cirr.ver l-rrJ'Mue-r Resource, 1 :.7 TO: Orville W. Powell THROUGH: A. Paul Norb a.' FROM: A. T. Rol an AI SUBJECT: AGENDA ITEM New Water Supply Classification System Proposed by the Division of Environmental Management DATE: - December 6, 1985 The Division of Environmental Management (OEM) is proposing to change the current water supply classification by including three classes which would be distinguished by the degree of watershed protection provided (see attached DEM letter) . The Flat River (Lake Michie) and Little River (under construction) water supplies currently have an A-II stream classification and with the proposed rule change this• will automatically be converted to the • general water supply classification W.S.-III . We recommend the adoption of the attached resolution which is a request to classify Flat River and Little River watersheds in the appropriate class (W.S.-I or W.S.-II ) that will provide the most protection for our current high quality water supply. ATR/cgb Attachments . • 1 , ATTACHMENT D RESOLUTION REGARCIHG NORTH CAROLINA DIVISION OF E4'IIRC ; A;aA_EHENT PRCPOSEJ WATER SUPPLY CLASSIFICATIONS �2•• WHEREAS, the North Carolina Department of Natural Resourze: aid Community Development, Division of Environmental Management hrls proposed a new watershed classification system to protect : , sting and future water supplies and watersheds; and, WHEREAS, the State has requested that local governments Express their interest in having watersheds on which they rely for water supply classified at the highest possible level ; and, WHEREAS, the City and County of Durham have both enacted a Sedimentation and Erosion Control Ordinance and Watershed Protec- tion Ordinance for all watersheds within their jurisdiction; and, cwt i WHEREAS, the existing Flat River and Little River are • currently classified A-II which would be equivalent to the new WS-III classification and- would be the least protective of the a= . 1 • new classification system; and, - WHEREAS, the existing Flat River and Little River Watersheds qualify under the new classification system for the WS-II classi- " fication and possibly portions of these watersheds could qualify • • for WS-I classification which would be the most protective classification available under the new system; and, WHEREAS", the City Council of the City of Durham is -'? interested in providing the highest level of protection for the Little River and Flat River Watersheds. ,ry 11 - - >-:'•i r EREFCRE BE IT RESOLVED THAT: ktJ ( 1 ) The City of Durham hereby request that the Division of Environmental Management classify those portions of each • watershed (Little River and Flat River) that qualify as WS-I class. The remaining portions of each watershed to ba classified WS-II . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DURHAM THIS OF , 1985 . 14 • ii Y 1 J Y.r •` r Scare of North Carolina Department of Nara ai Resources and Community Development Division of Environme:nml Management 512 North Salisbury Sorer • Raleigh, North �'Y .gh, Carolina 29611 ^ar^.°s C. Martin, Governor October 25, 1985 R. P S. illornas Rhodes, Secretary M:. Terry Roland rz City of Durham 101 City Hall Plaza ` Durham, N. C. 27701 Y Daar Mr. Roland: - i . The Division of Environmental Management (DEM) is proposing . to change the current water supply classification by including three classes which would be distinguished by the degree of watershed protection provided; Your water supply currently has an A-II stream classification and with the proposed rule change this will automatically be converted to the general water supply . . classification w.s.-Iii,. we are writing you to determine if your community is interested in pursuing a more protected water supply classification (W.S.-I and W.S.-II) . For the past thirty years we have had the A-I and A-II classifications for water supplies. The only difference between A-I and A-II is the amount of treatment required prior to disinfection. However, this existing classification scheme does • not evaluate a water supply from a watershed perspective, take into consideration all point and nonpoint sources of pollution, or encourage local governments -to select the safest source of water. DEM is therefore proposing to change the current classification to reflect our growing concern for the water quality of these sources in light of the unknown amount and type of chemicals (which may be potentially toxic) that are being released into our water-bodies. The new classification system being proposed by DEM includes three levels of water supplies (W.S.-I, W.S.-II, and W.S.-III) . The level would be defined according to the amount and type of permitted point source discharges located in the watershed, as well as the control of nonpoint sources of pollution being 67 provided. The enclosed attachment describes the three classification of water supplies in detail. • PO. Box 27687, Raleigh.North Carolina 2611-7687 Telephone 919.733-7015 An Equal Oppor Affirmative Action Employer 1. • c=,7 During the public hearings on the proposed water su Pp 1 'Y-;:3ific.3tions, concjrn was raised about new wastewater Y r.i:a''aargez being permitted by the State before a request for a a Prot ec_i7e clan s f ice tion could be reviewed. DE.*M is - . arafore trying to determine which communities desire a more 2ct.ve cla;;sific tion before the changes in water supply - . ::33ifications become effective. If you would be interested in watershed protection for Your drinking water supply, =a=ss send your response and comments to: Bob Holman, HRCD—DE4, . .D. Boa 27687, Raleigh, H.C. 27612 or telephone (919) 733-5083. :itsSincerely, Y 1:;;:: : Bob Holman Water Supply Protection Coordinator • 71i 17 :1,i - 1 OCT 28 198b WA(-tea eV-SOURCES J :,T 1 PROCLAMATION WHEREAS, rape and sexual assaults are violent crimes committed against females and males of all ages and economic groups; and WHEREAS, rape in Orange county has been one of the fastest growing violent crimes in recent years, with an average of 60 sexual assaults per year reported to the Orange County Rape Crisis Center; and WHEREAS, during 1986, 70 sexual assaults were reported in Orange County; and WHEREAS, rapes have been most frequently reported in the late summer months and are reported to be increasing on the college campus; and WHEREAS, there are precautions that can be taken to lessen the likelihood of sexual assaults, and the Rape Crisis Center, law enforcement and other social service agencies are providing training in self-protection; now THEREFORE, We, the Orange County Board of Commissioners in full recognition and appreciation of the efforts for the prevention of rape and sexual assault in Orange County, do hereby proclaim the month of June 1987 as RAPE PREVENTION MONTH IN ORANGE COUNTY North Carolina and do urge all citizens to seek preventive information and to educate their children as well. We urge all citizens and county, local and state agencies and organ- izations involved in the criminal justice system to devote special attention to the prevention of these crimes and to the needs of the victims. We urge all other agencies and organizations to join in the redoubling of efforts to make the system of care in Orange County more responsive to the needs of victims of sexual assault. (SEAL) Shirle . Marshall, Chair ('OLEMAN, HERNHOLZ, DICKERSON, BERNHOLZ, GLEDEHILL & HARURAVE ATTORNEYS AT LAW 110 CHL'RTON STREET HILLSPOROUGH, N.C. 27278 919-732 2196 919-942-8000 CHAPEL HILL OFFICE SUITE 20,FRANKLIN BUILDING June 1 1 137 E.FRANKLIN STREET / 9 87 CHAPEL HILL,N.C. 27514 919.929.7151 ALONZO B.COLEMAN.JR. STEVEN A.BERNI{OLZ DONALD R. DICKERSON ROGER B.BERNHOLZ GEOFFREY E.GLEDHILL DOUGLAS HARGRAVE Randall M. Roden, Esquire MARTIN J. BERNHOLZ RICHARD J. SNIDER,JR- Tharrington, Smith & Hargrove 0_NICHOLAS HERMAN Attorneys at Law KAREN J SHANGRAW Y Post Office Box 1151 Of Counsel Ralei h BONNER D.SAWYER g , North Carolina 27602 (1902-1972) Re: Carolina Cable Franchise with Orange County and the Orange County Cable Television System Ordinance Dear Randall: Thank you for your May 28, 1987 letter and the copy of the opinion of the North Carolina Court of Appeals in Lexington vs. Summit Communications, Inc. I do not believe that the Summit case controls the question of whether or not Orange County can raise the tax on cable television companies franchised by it under North Carolina General Statute Section 153A-137 . I think the Summit case clearly turns on franchise language and ordinance language which limits the City of Lexington's ability to charge fees for other than "improved television reception service. " It is my opinion that the fee charged by Orange County is an annual privilege tax and that the rate may be changed annually. The initial rate set, 3%, was the maximum permitted at that time by law. The law has changed and the maximum is now 5%. North Carolina General Statute Section 153A-154 provides that a county may levy an annual franchise tax on cable television companies franchised under G.S. 153A-137. Nothing in the franchise ordinance to Village Cable, now Prime Cable Income Partners L.P. , in my opinion, limits the ability of the County to establish its tax and to vary the amount within the legal limits on an annual basis. I will look at any other authority or information you have on this point. As I mentioned to you when we spoke about this, we can continue to discuss this as an • • 1 Randall M. Roden, Esq. Page Two June 1 , 1987 issue independent of the franchise questions now being considered by the Board of County Commissioners concerning the franchises of Prime and Alert. Very truly yours, 41111! d re, E. Gledhill GEG/lsg xc: Shirl Marshall •r the O ' ange ounty Board of Commissioners Ken Thompson U a J X z w w w 8 a7 z u.� 8 THAFII?INGTON, SMITH & HARGROVE ATTORNEYS AT LAW RAL1:1(H1, NORTH CAROLINA CARLISLE W.HIQGDQ'8 1 11387.10001 MAILING AODRE,A •1,HAROLD THARNOTON P.O.Box 1161 RI WADE M.S?1tTD RALEIGH.N.C:.27(.10:2 ROGER N',SMITH - WADE H.HAROROVR OFFH:FS GEORGE T.ROGISTER.JR. BOB FAYL�•ITEVILLE STREET MALI. CARLYN 0.POOLE RALEIGH.N.C.27001 RICHARD A.SCHWARTZ •JOHN R.EDWARDS MARK J.PRAK TELEPHONE DOUGLAS E.KINOSBEHY 1R/938:21-4711 ELIZABETH F.KUNR OLM - KIM C.WETHERILL TEI,E(;C)YIER ANN E.MAJESTIC (Gib)828-1383 RANDALL M.RODEN May 28, 19 8 7 BURTON CRAIGE MICHAEL CROWELL J.DAVID FARREN 0.DRYAN COLLINS..JR. C.ALLISON BROWN Geoffrey E. Gledhill, Esquire Coleman, Bernholz, Dickerson, Bernholz, Gledhill & Hargrave 110 Churton Street Hillsborough, North Carolina 27278 Dear Geof: I have enclosed a copy of the Court of Appeals decision that I mentioned today. I have not had a chance yet to check for a citation. As the decision itself indicates, the Lexington case involved the interpretation of a provision in "An Ordinance Providing For The Granting Of Franchises For The Operation And Maintenance Of Community Antenna Television Systems. " This Ordinance was incorporated in the subsequent franchise ordinance, which was then accepted by the cable company. That much of the case appears identical to the Orange County situation. The issue in the case was whether the franchise "tax" provision in the enabling ordinance required the cable operator to pay the tax on revenue from pay services like HBO. As I mentioned, the Court of Appeals analyzed the case in traditional contract terms and found, "based on the plain words of the ordinance, " that the franchise tax could not be imposed on revenues not included in the terms of the ordinance, "which was written into a contract with the defendant. " The Court of Appeals did not explicitly state that the City could not impose the tax by simply amending the ordinance to cover the service in question, but I believe a fair reading of the case is that the Court found that the service in question was not within the contemplation of the parties at the time the ordinance was incorporated into the franchise. T11:\HHI\I:ToN ','11.11 2# HAli(:120V1: Geoffrey E. Gledhill, Esquire May 28, 1987 Page 2 . Please give me a call after you have had a chance to look this over. Sincerely, THARRINGTON, SMITH & HARGROVE Randall M. Roden RMR/vm Enclosure r!L, i. J .'.`■G -• Y1; J' 24 No. 842250737 ` NORTH CAROLINA COURT OF APFIi*A ; ;i,; i ,,; !:; ''I' r 'i'• Filed: 6 August 1985 14. .irY itt •1 CITY OF LEXINGTON and the c, .alt . - LEXINGTON UTILITIES COMMISSION I, -7.`T.-'', Davidson County -, �,, v. No. 83CVS0828 .ra. SUMMIT COMMUNICATIONS , INC. ,ry Appeal by defendant from Helms , Judge. Judgment `7 entered 10 April 1984 in Superior Court, Davidson County. Heard in the Court of Appeals ppeals 7 March 1985. -%, The dispute in this case arose from a cable franchise agreement between the plaintiffs and the defendant. The plaintiffs alleged that the defendant had breached the agreement and asked for money damages and injunctive relief. The case was tried before the court without a jury. The evidence showed that in 1972 the City of Lexington granted to Triangle Broadcasting Corporation a franchise to operate a cable television system within the City. Triangle Broadcasting Corporation later changed its name to Summit Communications , Inc. The City ordinance under which the franchise was granted and which was made a part of the franchise agreement imposes a franchise tax on the "gross subscriber revenues" of the defendant. The ordinance says: "Gross' subscriber revenues shall mean any and all compensation received by a grantee from subscribers or users in payment for the community antenna television service received within the city." The ordinance also says: "Community antenna television service or CATV service C c --41:".' _2' shall mean the business of providing an improved television reception service to the public for compensation, by means of a master antenna and cables . " --id .:4e .__. The defendant offers three tiers_ of service to its rr-,.. customers. The third tier is an HBO satellite service. The :. . 4, satellite service does not originate from a television station ;_ but is beamed from a : location in New Jersey to an extraterrestrial satellite and transmitted from the satellite to ;_ ._ cable systems in this country including the defendant, which send ` ` it by cable into the homes of customers. It cannot be received on a television set except through a cable system. It was not '4 } _'. available in 1972 when the franchise was granted. The defendant paid the franchise tax based on gross receipts for the first two tiers of services but refused to pay the tax based on the HBO satellite service. The court found facts based on the evidence. It w;= 1:: . . . refused any injunctive relief but . entered a judgment for the plaintiffs for - a tax based on the HBO satellite service. ' The defendant appealed. Smith and Penry, by Robert B. Smith, Jr. , for plaintiff appellees . Tharrington, Smith & Hargrove, by Wade H. Hargrove and Randall M. Roden, and Womble, Carlyle, Sandridge & Rice, by Roddey M. Ligon, Jr. , for defendant appellant. WEBB, Judge. c N. , -3- '• ;" ordinance . The City of Lexington has adopted an ordi � ' , a part of which was written into a contract with the defendant.. The resolution of this case depends on the interpretation " . of that r part. of that ordinance. -.-The ordinance imposes a tax on the cable •-- --- . . , system's annual "gross subscriber revenues" which is defined as .. _r∎ "any and all compensation received by a rt y,Y '.'. Y. y grantee from subscribers -'� ' or users in payment for :the community -- ' antenna •,= television ;; ; ce. servi " "Community r, antenna television service" is defined as �., .— "the business of providing an improved television reception service to the public for compensation, by means of a master antenna and cables ." The question posed by this appeal is • whether the third tier of service offered by the defendant which is the HBO satellite service is an "improved television reception service." The HBO satellite service was not available when the franchise to the defendant was granted. The question is whether Y ==:�.�... .” the ordinance written into the franchise covers this service. We believe, based on the plain words of the ordinance, that it does not. We do not believe the words "improved television reception service" include a signal that does not originate from a television station and cannot be received on a television set that is not connected to a CATV cable. We hold it was error to enter a judgment against the defendant based on revenues it received for the HBO satellite service: The plaintiffs argue that in another section of the - ordinance a community antenna television system is defined as any facility which in part amplifies television station signals. They say this shows that whatever type signal the defendant _4-. receives by HBO satellite the defendant is operating a communit antenna s , Y stem Y Whatever type system the defendant is operating, the franchise tax is based on the community antenna television service and the ordinance does not include within this the HBO satellite service. The plaintiffs also argue that G.S. which governs the City's right to 160A-319, g grant the franchise, includes the HBO satellite. If the statute gives the City include the gross receipts from the HBO satellite the right to to service in the franchise tax, the City did not do so. The plaintiffs also argue that if the furnishing HBO satellite service is not a of the part of the CATV system the defendant has exceeded its franchise right and is illegally ' offering this service. This question has not been presented in this case and we do not pass on it. For the reasons stated in this opinion, we reverse and remand. Reversed and remanded. - Judges PHILLIPS and MARTIN concur. A TRUE COPY C :4- OF THE COURT OF APPEALS E NORTH CARO as / DEPUTY CLERK a• I MOBILE ACRES, II � � RT1 . , BOX 271-42 DURHAM, N. C. 27705 Rules and Regulations W. Terry Carden OR Bret A. Earp 477-1156 park Mgr, 383-7333 FOR LOT 1 ' ) Tenants shall pay the lessor with the first month' s rent and a security deposit of $145' 00. This is to cover any damage to yards, water and sewer lines or electri-cal connections. This amount shall be returned to tenant if all is in satisfactory condition when leased space is vacated provided a 30 day vacating notice is given. e 2. ) Rent due and payable first day of each month i n d and no later than the 3rd. Rents not paid by the 3da «ance each month will be considered late and a 10% lat 3rd o� f e e added on the 4th day of the month and every d e will be daily charge of $5' 00 per day_ ry ay thereafter a 3. ) No tenant may take in another person as a ro rent, sud-rent or assign his Mobile Home or ome' or written permission of the lessor, space without 4. ) No fences will be allowed on any lot unless th neat and decorative in appearance and are s ey are management, approved by the 3. ) No Mobile Home shall be used for immoral or illegal purposes. ega 6' ) Notenant may erect buildings, awnings, porches ect plant shrubs or trees on designated spaces without writt ^ nor approval the..° e management. This is import an b � the buried electric and phone wires, water and sewer of ewer lines. 7. ) All shrubs, trees and cement work remain the �� of the lessor and cannot be removed without n e prope'"y management~ approval of the 8. ) All fuel tanks and TV antennas must be mounted at th e rear the ve mobzle Home on a neatly constructed mounting. . 9.1. No drying of wash will be permitted on the Mobile lot. Only clothes lines of e Home Provided by the lessor will bee '-�mbrE?1 is type or lines in the rear of the Mobile Home i7nr~the tdrr-yiriq area, be located 10. ) The tenant must above protect from freezing all water pipes ground and to which his Mobile Home is connected on or before November 1 . If this is not done your water w i l l be cut off. 11. ) A mail box for each lot is provided and they are to remain there at all times. 12. ) No pets of any kind are permitted in the Mobile Home Park. 13. ) Each tenant shall provide an adequate can, keep it covered and cleaned at all times and at -'f Mobile Home placed at rear 14. ) Parents Cr tenants shall be directly responsible for conduct or damage incurred by their children or guest. The management shall not be responsible in case of an accident. 15, ) Each lot is provided with parking spaces and no parking, of boats, travel trailers, ect, streets by tenants. No non-operating or unlicensedlcars are to be parked in the park at any time or trucks capacity. No washing or working on automobiles, beat s oyeos 1 t� �n campers, ect. within this park + , permitted. 16. ) No pleasure riding of motorized bikes on park streets will be allowed. 17. ) You will have a lot of a designated size which you must keep clean' cutrimmed and trimmed at all times. this not done the park owner will have it done and charge tenant s the cost thereof which amount shall be treated as rent and added to the next months rent. 1.8. ) The speed limit is ten miles per hur in Mbile starting at the entrance. THIS APPIIES' 'TO YOUR4'SUEST Acre COMPANY AS WELL. This rule is in effect twenty-four day. If seen speeding �_��� y_....�:;:��_ir•• hours a day. time,f and the second y • u will 7. receive a reminder for the secs:end t i me y,-,, from the management you will. receive a letter q asking you to leave entrances. :[f r��-� your car at the t complied with ,�. you will l l 7� C i v e n a thirty day moving notice. Nu loud parties or drunkenness o r tolerated ; no alcoholic beverages displayed noises will be ^ ��o._L p l aYeo outside Mobile 20. ) Water supply is ample for normal use Wasting of water not be tolerated, such as plastic sw�^ming pools fa ler toilets, or any condition that may use extra water. ` « ty 21. ) Your Mobile Home must be underpinned within 30 day of moving on the lot. 22. ) Each Mobile Home space must be kept neat and clean and no storage of bottles, cans, boxes, toys or equipment around or under Mobile Home will be allowed. In no case shall the sink drain directly on the ground, nor shall water or table be thrown onto the ground. �e The Management Mobile Acres, II with to take this opportunity to welcome you and your family to oup par k W feel that you will rate this park among the finest ^ We State. We welcome your inquires and suggestions. in our W. Terry Carden Please sign below to acknowledge that you have remd d understand these rules and regulations. an oI•.I:�1.\\', � i1:1t\111)1.%, } )1�'hl;I;ticl.\. 1)I;E NHOT✓. (i1.1.I HILL. 6 I-IARi; ;AVE ATTORNEYS AT LAVA' 110 CHI:1iTux tiTlth;h;'I' r11LLSeokOI:r,1I. N.(... 27278 919-732.219(1 919.9,12-0000 CHAPEL. HILL OFFICE May 15 , 1987 SUITE 20. FRANKLIN nf'TI,IIING 137 E.FRANKLIN STREET CHAPEL HILL.N.C.27514 919-9 29-7131 ALONZO D.COLEMAN. JR. STEVEN A.BERNH01.7. DONALD R. DICKERSON ROGER B.13ERNHOLZ GEOFFREY E.GLEDI-JILL DOUGLAS HARGRAVE Shirle y E. Marshall , Chair MARTIN J. BERNHOLZ RICHARD -J. SNIDER.JR. Moses Carey IAREN LNICHOLAS I Stephen Halkiotis Of Counsel John Hartwell BONNER D.SAWYER Don W1llhoit (1902-1972) Orange County Board of Commissioners 106 East Margaret Lane Hillsborough, North Carolina 27278 Dear Board Members : Enclosed are the following : 1 . An Orange County Cable Television System Ordinance; 2 . A proposed franchise ordinance for Alert Cable TV of North Carolina, Inc . ; and 3 . An amendment to the franchise ordinance for Carolina Cable (formerly Village Cable of Orange County, Inc. ) . The cable television system ordinance has a number of proposed additions and deletions . I have taken the time to update the ordinance to reflect current thinking of the board, the cable television industry generally and changes in the law. All proposed additions are highlighted with underlining . All proposed deletions are lined through . Most significantly I propose all sections related to County involvement in rates be eliminated from the ordinance . Orange County ' s ability to regulate rates has been all but preempted by the Cable Communications Policy Act of 1984 , 47 U.S.C. Section 521 et seq. (1984) and the regulations promulgated under Section 543 of the Act. Rates have not been a problem in Orange County and I don ' t anticipate they will be. The cable operators will keep rates low and competitive in order to obtain subscribers . Furthermore , the procedure set out in the cable television ordinance has not been implemented by the County with respect to Village (now Carolina Cable) , r Board of Commissioners Page Two May 15, 1987 presumably because there has been no perceived need . Should the need arise in the future, the ordinance can be amended to include provisions for rate review consistent with the Cable Communications Policy Act. Section X of the ordinance as it now reads contains a procedure for extension of service into previously unserved areas of the County which does not fit the extension policies in the franchise of Carolina Cable and the proposed franchise of Alert . Extensions in the County are accomplished through density requirements . Therefore I propose that the portions of the ordinance related to other service extension plans be eliminated to avoid confusion. I propose that the County receive 5% of the gross annual receipts of the franchised cable operators . This compares to 3% which is presently the remuneration to Orange County. Section 542 of the Cable Communications Policy Act of 1984 authorizes a franchise fee not to exceed 5% of the cable operators gross revenues derived from the operation of the cable system. I have proposed an expansion of the service and maintenance provisions (Section XV) to include more specific maintenance service requirements particularly in the event of system-wide failures and system-wide failures during prime time. In the same section I have proposed specific complaint resolution procedures and a requirement that all calls for service be logged and submitted to Orange County on a regular basis . Finally, with respect to the ordinance, I have expanded the violations section (Section XVII) to include a provision for civil penalties and provisions for enforcement by injunction. The proposed franchise ordinance for Alert contains all of the recommendations of the Cable TV Advisory Committee together with ideas expressed by the Board and individual Board members during and following the Cable TV Advisory Committee ' s presentation to the Board . Notably there are provisions for system improvements , compatibility with other franchises , an expansion of local origination programming to include bi-directional capability to and from Hillsborough and cooperation with other cable franchisees in order to expand the availability of local programming. I have also proposed establishing the expiration date of the term of the franchise to be contemporaneous with the P Board of Commissioners Page Three May 15, 1987 expiration of the franchise of Carolina Cable. This will enable Orange County to renegotiate any franchise extension with both cable operators at the same time . In that regard, Section 546 of the Cable Communications Policy Act of 1984 provides, in subsection a, as follows : During the six-month period which begins with the thirty-sixth month before the franchise expiration, the franchising authority may on its on initiative, and shall at the request of the cable operator, commence proceedings which afford the public in the franchise area appropriate notice and participation for the purpose of- ( 1) identifying the future cable-related community needs and interests; and (2) reviewing the performance of the cable operator under the franchise during the then current franchise term. Following these proceedings there are procedures for submission of renewal proposals and action on renewal proposals which I can make available to the Board and will, if not sooner, in time for this process . The point of this is that we ' re approximately five years away from renewal procedures for Carolina Cable and, if a franchise is granted to Alert, for Alert. I have also enclosed a proposed franchise amendment to the franchise of Carolina Cable which amendment relieves Carolina Cable of the obligation to overbuild to the same extent and under the same conditions as Alert is relieved of an obligation to overbuild . Further, the amendment to Carolina Cable ' s franchise encourages Carolina Cable to cooperate with Alert in sharing and providing local origination programming. Finally I 'd like to recommend that the Board consider establishing a Cable TV Advisory Committee on an ongoing basis . This committee could serve the function of ",catch-doging" the operations of the cable franchisees in Orange County, making recommendations concerning programming and service to the County and generally providing comment and insight into cable Board of Commissioners Page Four May 15, 1987 television issues in the County. I am told that Carrboro has such a standing committee which committee is active and a help to the Board of Aldermen. Very truly yours, f�reY - ledhill GEG/lsg / Enclosures / xc: Harris H. Bass Richard W. Ellis Douglas B. Keel Albert KittrelI\ Randall M. Roden Kenneth R. Thompson Norman Vogel for the Cable T.V. Advisory Committee P AN ORDINANCE AMENDING A FRANCHISE TO PRIME CABLE INCOME PARTNERS L.P. (HEREINAFTER CAROLINA CABLE) (PREVIOUSLY VILLAGE CABLE OF ORANGE COUNTY, INC. ) TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section IX of the franchise ordinance is amended by amending the line extension commitments contained in Section H of the proposal of Village Cable of Orange County, Inc. to eliminate any requirement for "overbuilding. " The term "overbuilding" as used herein shall mean: notwithstanding the extension policy required herein and as proposed by grantee, grantee shall not be required to "overbuild. " The term "overbuild" as used herein shall mean paralleling with Feeder Line the Feeder Line of another franchised cable operator in the unincorporated areas of the county in order to serve dwellings along the paralleled Feeder Line already served by the other franchised cable operator. This authority not to overbuild shall not: 1. relieve grantee of its responsibility and duty to parallel Main Trunk Cable in order to serve all areas of the unincorporated areas of the county which meet the density standards of this franchise; 2. relieve grantee of its responsibility and duty to parallel with its Feeder Line the Feeder Line of another franchised cable operator in order to reach areas of the unincorporated areas of the county where there are no parallel Feeder Lines which areas when reached will satisfy the density standards of this franchise. Section XI of the franchise ordinance is further amended by adding a new paragraph as follows: Carolina Cable is encouraged to make its local origination and public access channel programming available to any other franchised cable operator in Orange County at the time that cable operator makes its local origination and public access channel programming available to Carolina Cable. Carolina Cable is encouraged to carry any other franchised cable operator 's local origination and public access programming when it becomes available to Carolina Cable . Any charge made by Carolina Cable to another franchised cable operator as a price for Carolina Cable making its local origination and public access channel Programming available shall be commercially reasonable and Carolina Cable is encouraged to provide such programming at no charge provided the other franchise cable operator provides its local origination and public access channel Programming available to Carolina Cable at no charge. This franchise ordinance amendment shall take affect immediately this the day of ________ , 1987, it having been adopted at two (2) regular meetings of the board of commissioners of Orange County, g y, iJorth Carolina as provided by law. P 1 AN ORDINANCE GRANTING A FRANCHISE TO ALERT CABLE TV OF NORTH CAROLINA, INC. TO CONSTRUCT AND MAINTAIN A CABLE TELEVISION SYSTEM WITHIN THE UNINCORPORATED AREAS OF ORANGE COUNTY, NORTH CAROLINA THE BOARD OF COMMISSIONERS OF ORANGE COUNTY, NORTH CAROLINA ORDAINS: Section I. Grant and term. Subject to the terms and conditions of the Orange County Cable Television System Ordinance as amended and as it may be amended , (hereinafter "the ordinance) which ordinance is incorporated herein by reference, and the other terms and conditions of this ordinance (hereinafter "the franchise") , Alert Cable TV of North Carolina, Inc . , it successors and assigns , (hereinafter "grantee" or "the grantee") is hereby granted the right, privilege and franchise to construct or have constructed, operate and maintain a cable television system and to operate a cable television service in the unincorporated areas of Orange County, North Carolina (hereinafter "county" or "the county") for the purpose of providing cable television service to the citizens of the unincorporated areas of the county, and for that purpose to erect, install and construct upon, across , beneath and along any street or road all necessary cable and other equipment and facilities as may be necessary and appurtenant to the cable television system . In addition , this right , privilege and franchise shall extend to property rented or leased from other persons , including but not limited to any public utility or other 2 grantee, franchisee or permittee, in order to do business in the unincorporated areas of the county. The CATV system and service herein franchised shall be used and operated solely and exclusively for the purpose expressly authorized by ordinance of the county and no other purpose whatsoever. The term of this franchise shall commence upon the acceptance by the grantee, as provided in Section VI of the ordinance, of this franchise and shall terminate at midnight, February 24, 1996. Section II . Renewal. The franchise may be renewed for an additional period of ten (10) years upon terms satisfactory to both the county and the grantee. Section III . Nonexclusive. The franchise shall be nonexclusive, and the county reserves the right to grant similar franchises to any person or persons at any period during the present franchise or any extension thereof. Section IV. Construction of system. Grantee shall obtain the proper permission and authority from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and where appropriate, private land owners before any cable or other equipment necessary and 3 appurtenant to the cable television system may be placed within any street or road. All highways, roads, streets , sidewalks, avenues, alleys, bridges and other public and private places that may be disturbed or damaged in the construction or maintenance of the cable television system shall be promptly repaired or replaced by the grantee at its own expense. All poles, wires, cables or other facilities to be constructed or installed within the streets or roads shall be constructed or installed only at such locations and depths and in such manner as to comply with all federal and state statutes, county and other local ordinances and rules and regulations of the North Carolina Department of Transportation, or other agency of competent jurisdiction. All such units of government and governmental agencies with approval authority over the construction and maintenance of the CATV system must approve the construction and maintenance. All facilities constructed or installed within the streets or roads shall be so constructed and installed so as to cause minimum interference with the proper use of said streets or roads, and minimum interference with the property rights of property owners adjoining said streets or roads. Such facilities shall be constructed or installed so that, after construction or installation is complete, they shall cause no interference with proper use of said streets or roads, and no interference with the property rights of owners of property adjoining said streets or roads . In the event the grantee shall fail to replace or repair any of said public and private facilities within ten (10) working days after written notice to do so from the county manager, the 4 same may be replaced or repaired by the proper authorities of the county, and in that event, the grantee shall forthwith pay to the county the cost of such work. Section V. Relocation of facilities. In the event (at any time during the franchise period or any extension thereof) the county, the North Carolina Department of Transportation or any other unit of government or public agency, by reason of traffic conditions, street closing, or highway or street construction changes in or the establishment of any street grade, the installation of sewers, drains, water pipes, power lines, signal lines, or any type of structure or improvement, the grantee shall, at its expense, protect, support, temporarily disconnect, relocate in the same street or other place any of its properties, owned or leased, upon reasonable notice by the agency involved in the work. The county, the North Carolina Department of Transportation or any other unit of government or agency shall not be liable for any disturbance of the grantee ' s installation resulting therefrom. The grantee shall carry out instructions and directions of the North Carolina Department of Transportation District Engineer or his designee whenever it is necessary to raise or remove any of the grantee' s wires or cables temporarily for the purpose of moving or removing structures on the public streets or roads of the county. The grantee shall do such tree trimming or other maintenance work as shall be necessary to maintain its lines and cables and other property in good working 5 order , and where necessary, with the prior approval of the appropriate public or private agency and person. As between the county and the grantee , all actions herein required to be performed shall be performed at the expense of the grantee and the grantee shall hold the county free and harmless from all damages or claims for damages, including attorneys fees and other litigation expenses necessary to defend any such claim, arising from such actions of the grantee. Copies of all joint use of poles and right-of-way agreements and encroachment agreements which authorize grantee to use poles and right-of-ways within the unincorporated areas of the county shall be provided to the county manager within thirty days of acceptance by the grantee of this franchise and thereafter within thirty days of their acquisition. Section VI . Ordinances applicable. The grantee shall be subject to all laws and ordinances relative to the use of all public facilities, relative to cable television systems and operations, and where appropriate , planning ordinances, policies and procedures. Section VII . Location maps. The grantee agrees to maintain in the office of the Orange County Manager copies of all maps showing the location of all 6 wires , cables and other fixtures situated within the unincorporated areas of the county. Section VIII . Hold harmless. The grantee, its successors and assigns, shall indemnify and save harmless the county, its officers and employees as expressly provided in Section XIV of the ordinance. Section IX. The system and its operation. A. Except as otherwise required by this franchise or unless otherwise required by the ordinance, grantee agrees to build and operate a cable television system in the unincorporated areas of the county as described in its proposal dated December, 1986 and as revised. The technical standards described in the proposal of grantee, including those recommended by the Orange County Cable TV Advisory Committee and offered by grantee in revisions of its December 1986 proposal have been examined and approved by the county. The grantee, by its acceptance of this franchise, acknowledges that any such technical standards which exceed FCC requirements are freely offered by grantee. These standards shall apply to all new construction within the county. These standards shall apply to all portions of grantee' s system and plant presently in place in the unincorporated areas of the county when this system and plant is upgraded as provided in this franchise. 7 Alert shall demonstrate to the satisfaction of the the county manager that its system meets the minimum technical standards offered in its December 1986 proposal and prescribed in this franchise by providing test results from tests performed at the terminus of its system and at random points along its system. These tests shall be performed weekly with each weekly test including the test results performed at the terminus of the system. Random testing results shall result in the entire system being tested every three months . In all other respects the procedures outlined in the monitor tests and monitor point tests contained in Alert's December 1986 proposal to the County shall be followed. B. In addition to the other service area and line extension commitments contained in its proposal, grantee shall construct and activate at least 7 .2 miles of plant as indicated in the "TO BE BUILT IN 1987" portion of its proposal before the end of 1987. Construction shall begin as soon as practicable and as prescribed in Section X of the ordinance. This 7 . 2 mile portion of the system of grantee shall be activated no later than December 31, 1987. Notwithstanding the extension policy required herein and as proposed by grantee, grantee shall not be required to "overbuild . " The term "overbuild" as used herein shall mean paralleling with Feeder Line the Feeder Line of another franchised cable operator in the unincorporated areas of the county in order to serve dwellings along the paralleled Feeder 8 Line already served by the other franchised cable operator. This authority not to overbuild shall not: 1. relieve grantee of its responsibility and duty to parallel Main Trunk Cable in order to serve all areas of the unincorporated areas of the county which meet the density standards of this franchise; 2. relieve grantee of its responsibility and duty to build the 7.2 miles of plant as proposed by it "TO BE BUILT IN 1987" in its proposal to the county; and 3 . relieve grantee of its responsibility and duty to parallel with its Feeder Line the Feeder Line of another franchised cable operator in order to reach areas of the unincorporated areas of the county where there are no parallel Feeder Lines which areas when reached will satisfy the density standards of this franchise. The following construction practices shall be followed: 1. Sag. To avoid or at least minimize the danger of cable breaks, grantee shall specify that TV cables shall sag at least as much as the telephone cable below it, and should never be allowed to sag less than 1% of the spanned length. Preferred sag will be 1. 5% to 2% (22-30 inches in a 125-foot span) . 2. Sleeved connectors. ' To minimize interference due to signal infiltration from mobile transmissions, CB, amateur transmissions and strong local TV signals , connectors with integral internal sleeves will be used. 3 . Connector seals . Cable splices and housing connectors shall be sealed against moisture either by properly 9 applied shrink tubing, or by means of sealant tape such as Bi- Seal, or Aqua-Seal or equivalent. 4. Lightening and power surge protection. The following, or its equivalent as certified to the county by a qualified engineer, shall be done to provide lightening and power surge protection. Adequate grounding, at the first, last and every tenth pole, and at every repeater or power supply location shall be installed. Adequate bonding to telephone strand and electric neutrals shall be done . Careful attention shall be given to the proper use of surge protection devices, resetting circuit breakers, and gas ionization devices to protect equipment and maintain service during abnormal power situations . Particular attention shall be given to the regulated dc power packs at repeater stations through the use of adaptive regulator circuits , surge protection modules, transient absorbing diods , or 3-terminal regulator hybrid specially designed to provide current limiting, thermal overload protection, and maintain operation within safe limits. 5. Installation standards . Each subscriber shall have a separate drop from the residence to the Feeder Line. Buildings with more than four units may be treated as apartments. Installation methods shall be explained to all subscribers. No drop lines shall .be spliced . All installation standards and practices shall be "state-of-the-art. " All installations shall be done in a workman-like manner using "state-of-the-art" techniques and "state-of-the-art" materials. 10 6. Construction manual. Grantee shall provide its construction crews and any contract construction company with a construction manual detailing each stage of the construction process. A copy of this construction manual shall be provided to the county manager before construction commences. Any comments and recommendations made by the county manager concerning this manual shall be considered by grantee and if necessary to meet the requirements of the franchise or the ordinance, the manual shall be revised by the grantee . All installations shall be supervised and inspected by grantee' s engineers. C. Channel capacity and system design . Grantee shall install and maintain a "state-of-the-art" system and abide by all reasonable requests of the county to upgrade the system. Without limiting the generality of this requirement: 1. All new construction of plant in the unincorporated areas of the county shall be 400 MhZ capable and be two-way capable. 2. Grantee shall operate its existing plant in the county and all new plant in the county to 300 MhZ, 35-channel capacity. 3. Grantee shall provide a trouble feed-back system which allows the monitoring of all active elements of all Main Trunk Cable of the system. 4 . Within three years of acceptance of this franchise grantee shall have completed all work necessary to upgrade its entire system within the unincorporated areas of the county and shall have activated its entire system to 400 MhZ , 54- 11 channel capacity. 5. Grantee shall design and operate its system so that it is compatabile with any existing franchised cable operator within the unincorporated areas of the county and provide verification to the satisfaction of the county manager of this compatability. 6 . Grantee shall make available, upon request, to all subscribers deluxe set-top converters which shall be "state- of-the-art" and shall have a lighted channel number display and an infra-red remote control unit for channel control and on-off control. Section X. Programming and Access. A. Grantee shall provide at least three public service and/or access channels. These three channels shall be reserved for and used for such things as community billboard , local origination programming and educational access programming other than PBS . B. Grantee shall provide a local origination studio , together with the necessary equipment and personnel, to enable members of the public to create and broadcast programming . Grantee may satisfy this requirement to provide local origination studio and necessary equipment and personnel by contracting with Art School. However, the responsibility to provide the local origination studio and necessary equipment and personnel is that of grantee. At a minimum the equipment provided for the studio 12 shall be that contained in the December 1986 proposal of grantee. Air time shall be provided free of charge to everyone except "for-profit" entities and declared political candidates. Fees may be charged for equipment and labor supplied by grantee in assisting persons in developing programming, except that no charge shall be made for live studio cable casts of five minutes or less by public access users or for the broadcasts of such special events as are designated by the board of commissioners of the county. C. Not later than the third year after the acceptance of this franchise, grantee shall complete all work necessary to fully activate its system bi-directional from the site of the "old" and "new" Orange County courthouses. Thereafter grantee shall provide at its cost live coverage of all regularly scheduled board of county commissioners' meetings held in either the old or the new Orange County courthouses . Alert shall provide onsite at each such meeting the personnel and equipment necessary to ensure that the viewer receives a satisfactory audio and visual transmission of all proceedings before the board of county commissioners. Grantee may satisfy the requirement in this subsection for bi-directional capability with contracts with other franchised cable operators in the county which contracts provide for the free-to-the-county live coverage of board of county commissioners ' meetings from the old and new courthouses. Any such contract or contracts shall be for a term or terms extending for the duration of this franchise and any extensions of this franchise. At the end of the second year following 13 acceptance of this franchise, grantee may petition the board of county commissioners to be relieved of the obligation in this subsection if it appears that the extent of interest in bi- directional capability and the broadcasting of board of county commissioners ' meetings is not significant and that the interest does not warrant the cost of providing this capability. Any such petition shall include a subscriber survey which demonstrates the lack of interest at the increased subscriber costs. In the event the board grants relief from this requirement as specified herein, it shall set a new deadline for grantee to meet the requirements q of this subsection and the same procedure shall be followed thereafter on an annual basis during the term of this franchise until it expires or the bi-directional capability is achieved, whichever first occurs. D. Grantee shall make its local origination and public access channel programming available to any other franchised cable operator in the county at the time that cable operator makes its local origination and public access channel programming available to grantee. Grantee shall carry any other franchised cable operators local origination and public access programming when it becomes available to grantee . Grantee shall not be required to carry such programming if it is commercially sponsored. Any charge made by grantee to another franchise cable operator as a price for grantee making its local origination and public access channel programming available shall be commercially reasonable and shall be at no charge provided the other franchise cable operator provides its local origination and public access 14 channel programming available to grantee at no charge. Section XI . Effective date. Subject to the provisions of Section VI of the ordinance, this franchise shall become effective on the date on which grantee files the acceptance, bonds, fees and expenses, and proof of insurance required by the ordinance. Section XII. Repeal of Preexisting Permitted Use Franchise. Upon acceptance of this franchise as provided herein the Preexisting Permitted Use Franchise effective May 12 , 1982 granted to Alert Cable TV of North Carolina, Inc. is repealed. First Reading. The foregoing ordinance received the following vote and was duly adopted this day of 1987: Ayes: Noes: Absent or Excused: Second Reading. The foregoing ordinance received the following vote and was duly adopted this day of 1987: Ayes: Noes: 15 Absent or Excused: ACCEPTANCE OF FRANCHISE Alert Cable TV of North Carolina, Inc. hereby accepts the foregoing franchise and voluntarily agrees to conduct its operations as a grantee in accordance with this franchise and the Orange County Cable Television System Ordinance as it now exists and as it may be amended from time to time. This agreement is accepted and filed with the Orange County Manager this day of 19 Also filed herewith are the proofs of insurance, bonds and letters of credit required by Section XIV of the Orange County Cable Television System Ordinance. ALERT CABLE TV OF NORTH CAROLINA, INC. By: President ATTEST: Secretary STATE OF COUNTY I , ---..� �_� a notary public of said county and state, certify that personally came before me and acknowledged that he (she) is secretary of Alert Cable TV of North Carolina, Inc . , a corporation, and that by authority given and as the act of the corporation the foregoing franchise was signed by the president of the corporation, sealed (Underlined portions are proposed new material. . Portions proposed to be deleted are lined through. ) ORANGE COUNTY CABLE TELEVISION SYSTEM ORDINANCE Section I . Purpose. In the public interest and for the promotion of the public health, safety, welfare and convenience, and pursuant to statutory authority contained in N.C.G. S. Section 153A-137 and other applicable laws, the following rules are adopted, which rules set forth the conditions , limitations , restrictions and requirements under which a person may construct or cause to be constructed , operate and maintain a community antenna television system, and engage in the business of providing a community antenna television service in the unincorporated areas of Orange County. Section II . Definitions . For the purposes of this ordinance , the following terms , phrases , words , abbreviations , and their derivations shall. have the meaning given herein . When not inconsistent with the context, words used in the prssent tense include t future tense . The word "shall" is always mandatory _:n 1., merely directory. Board shall mean the board of county commissioners of orange County, North Carolina. CATV shall mean cable ;community nt -n na) television. c . Drop Line . The cab1e_that,feeds,a signal to individual customers from the feeder cable serving a specific area . County or the County shall mean Orange County. Franchise shall mean and include any authorization granted hereunder in terms of a franchise, privilege, permit, license or otherwise to construct or cause to be constructed, operate and maintain a CATV System in the unincorporated areas of Orange County for the purpose of providing a CATV service to citizens of Orange County . The franchise may include such additional terms , conditions , restrictions and limitations as may be considered desirable by the Board . acid -rra4- ors-,--ae d -tmoon s --restrietforts-�rrrc3---Iirr tatrorrs a• e Unless offered by the franchisee or otherwise agreed to be the grantee , any such additional terms , conditions , restrictions and limitations shall not be inconsistent with this Ordinance and other applicable State and Federal laws and regulations . Thy franchise granted as herein provided shall benonexclusive.. 1 . _17 t� f area Lo ve red by it, which may be 4 le e: it • cn no iarf a cf tne county or some lesser ceograrhic as _ . aonro?r - �1 4, Grantee shall =i :oerso:1 to whom a Fran^ is ner_ eir .aboye .,.. _ f , is 71-.71 :- _ :_._ by the board undr ti , s an-: �' S; ranSferr._e of assign _ Property of grantee shall mean all property owned and installed or used by a grantee in the operation of a CATV system or service in the county under authority of a franchise granted pursuant to this ordinance. Street or road shall mean the surface of and the space above and below any public or privately-owned or maintained property or right-of-way, street, road , highway, freeway, lane, path, alley, sidewalk, parkway or drive, now or hereafter existing within the unincorporated areas of Orange County. Subscriber - shall mean any person or entity receiving for any purpose the CATV service of any grantee. Section III . Franchise required . It shall be unlawful for any person to engage in the construction, operation, or maintenance of a CATV system in the unincorpo ate areas of the County unless such person or the person for whom such action is being taken shall h?ve first obtained and shall currently hold. a valid franchise t d- Pursuant to t__ is orci_ n.ance . It shall s:-� b_ e a :_:ninoorPorazed a, eas of th,i, coanty , unless such Person sh , ob'._.a .:L!7 .7.7 f .� _ .. , 1 re n 4, v hold a valid franchis'e' ;gi n t0 the provisions of this ord na. nce . sc,ction is s __J_ .-._ _ the _ :oi _sions of Section (b) On the date specified in the notice for the opening of applications, all applications received will be opened and placed on file in the office of the clerk to the board of commissioners for ten (10) consecutive calendar days where they will be open for public inspection during normal business hours. After the applications are opened, a notice shall be published once in a newspaper of general circulation in Orange County stating that said applications are open to public inspection. (c) The board may grant a franchise or franchises , after a full and complete public hearing affording all interested parties , including the applicants and the public, the right to be heard. The board will grant a franchise to the applicant or applicants whose proposed system is in the best interest of the public and the potential subscribers within the area covered by the franchise . If the board determines that no system proposed by any applicant is in the best interest of the public, no franchise will be granted . Any franchise granted shall contain recitations that demonstrate that the board has examined and approved the grantee ' s legal, financial and technical qualifications , as well as the adequacy and feasibility of grante. ' s construction arrangements . (d ) The county may request applications for a portion of the unincorporated area of the county less than a whole of tie unincorporated area . 7 by the applicant; the manner in which applicant proposes to construct, install, maintain and operate the same; and , particularly the extent and manner in which existing or future poles or other facilities of other public utilities will be used for such system. (e) A copy of any arrangement , agreement or contract, if existing, between the applicant and Duke University, The University of North Carolina or any public utility providing for the use of facilities of such University or public utility, such as poles, lines , cables or conduits. (f) A statement setting forth all agreements and understandings, whether written, oral or implied, existing between the applicant and any person, with respect to the ownership, control or transfer of the proposed franchise or the proposed CATV system and service . If a franchise is granted to a person posing as a front or as the representative of another person and such information is not disclosed in the original application, such franchise shall be deemed void and of no force and effect whatsoever . ( g) A statement or schedule of pr.000sed rates and charges to subscribers for installation and services . (h) A map showing the franchise area and the projected construction completion date . The map shall clearly delineate any areas which will not be served , if any. 9 the grantee shall Fite a written acceptance of the conditions required for the franchise, acknowledged before a notary public , with the County Manager . Such acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this ordinance and the franchise and shall be in such form and content as to be satisfactory to and approved by the County Attorney. (c) Concurrently with the filing of the written acceptance, the grantee shall file with the County Manager the bond, letter of credit, and insurance policies required by Section XIV hereof. (d) The effective date of any franchise granted shall be the date on which the grantee files the acceptance, bond and proofs of insurance as required herein; provided , however, if any of the material required to be filed with the acceptance or the acceptance itself is defective or fails to meet with approval, the franchise shall not be effective until such defect is cured , or such approval is obtained . (e) If the grantee fails to accept the franchise and file the information required under this section within the time limit set forth in subsection (b) , the board may, at any time thereafter before acceptance, summarily revoke th franchise. Written notice of such revocation shall be sent to the grantee forthwith . 11 franchise before completion of initial construction oC the energized cable. (c) The board may terminate a franchise prior to the date of expiration upon a finding=-wade-a; te -t4iFty-f34)- 4aye --ne t ee-- --5-rry- rri-n-a r-crt-3--grirbrrc-'rrearrrrg- that: (1) The grantee has failed to comply in some material respect with any provision of this ordinance or has, by any act or omission, violated in some material respect any term or condition of any franchise or permit issued hereunder; or . ( 2 ) The grantee made a material , false statement in the application for a franchise, knowing it to be false; or (3) The grantee,--; --- ---'a&&c- ef---n1 +4 --� r -zV-rt,--.Trig- , is not providing subscribers with regular, adequate and proper service. (4) The grantee becomes insolvent, enters into receivershie or liquidation , files for bankruptcy or is unable or unwilling to pay its debts as they mature or is in financial difficulty of sufficient •consequence so as to jeopardize the continued operation of the CATV system (unless the arantee is in due process of contestinl_such debts) ; or 13 grantee to operate the system. The board , in seeking a new grantee, shall use the same methods and procedures set forth herein as are required to grant the initial franchise. If a franchise is granted to another person, the terminated grantee may be required to sell the entire CATV system to the new grantee at a price to be determined by three ( 3 ) competent, independent appraisers, one each to be appointed by the terminated grantee, the new grantee, and the board. The appraisers so appointed shall use the then-best methods of appraising to determine this value. The terminated grantee shall fully cooperate with these appraisers. The cost. of the appraisers shall be shared equally by the terminated grantee and the new grantee . The terminated grantee shall execute such deeds , bills of sale and other documents as may be necessary to effectuate this sale. The board ' s decision to terminate shall be subject to appellate review as provided by law. The County may, upon expiration or termination of a franchise, require the grantee to continue to provide service for a reasonable period (not to exceed six months) in order to assure uninterrupted service_ to subscribers . �4 If removal of the CATV system from the streets , roads or public places is required by any law, statute or regulation , such removal shall be performed by and at the expense of the terminated grantee. In carrying out this removal , the grantee shall place the streets, roads or public above necessary and appurtenant to the CATV system may be placed within any street or road, the proper permission and authority to do so must be obtained by the grantee from the North Carolina Department of Transportation, or other agency of competent jurisdiction, and, to use, operate and provide similar facilities or properties rented or leased from other persons. It shall be unlawful for any telephone, telegraph , or power company or any other public utility company or person to lease or otherwise make available to any other person, any poles, lines, facilities, equipment or other property for use in connection with the operation of a CATV system or service, unless such other person holds a valid franchise granted pursuant to the provisions of this ordinance. s1= r-z': r; alid--wets-4€- h-e- e . 13-ps-tm--far-s e r v s e s-np-'tair the aitrau►rts rrd- ° rr - i t�,R --tea des -shall-be- in-eff9cf-fnr-a-�rri-rri„�un� Tr ivy] "o-f--t- o y-eas--f-r --the-- f-f ee- -a f- - -erancfi ar-m r, t i 1 ��a-r�eh��•a-��o�iea�3�tr-€e�-t-#r�--��rst-�-rr,}-se�o-nr]-wears--.r;- -t-j- 17 ��t��T--a-t-wl��e}�-�-i���+�f�-���-�a:����e�-�►�i-r-i�rg--t�-�r�--lr}s��,- roc k -rte_ ire-c r�i-e�r-air& --ile-i}ea tad-art-&r-r�-r+rabt e�s - a�rrr3 aa=1d--kG-I. sed_taw--&t-es-.- --s-e-i-d- ta.ea.��r}g -13 0 -d-aj t -g eaee-siaall--the.Eea€-te -be 3-t1 d--bo-- tr ids- } r -rat-es- ete-e -fee-t- r-a--p.eeviekeiral--basis;- r1 }..-brat i-t-skull--kccp g aa'ss h�a-,-�r x�--c'-�r-r-kk.�-ta�r3s--s�-r u si--a a�r�--3 c d�a�t��a�a_r-y�t€--�x-a t--��-iio p9-r-•ia�=r e�-t f a--�i—g r,����_�e��-�--i-_o?--�e t d-�s�-�e�e a t-���R-a 0e-�--t-f ar--e 1----h--re faas1 e 1-re dgs-o-ul l-�-r---3 Oa---�ca-�e�d-3ioi3t-�---�ae-tld3 ai 0�-o�ees�-wee lv3 r�-a�ei a-d i t-a-ir----r�r t�a-4--�ei era------��-,r:-- a-r e ee� -4-t�es€e rl erepe--r�-€�t-tet�doeet�en e--an9L1eoft r--�-r,_t,i g-rt- �i--7te f-t i---e--11r�r{d��i..ta,--1�a.-�-�r_s,�a-•,ram-z��- -r r-scz:'��t-i g rz� r�s_ e=r r--r- e , - � - . w1-4-ic -sa4€1--p r-o-v-i-a-i-vra-1--Patos-- -e -t-Ite•-mate- xd--shai_i- - ob-1i _-fe --a - e i-e4-�€ -18 0 -days_ -e-a -t-eri-tr -xe-fian-ci- t=r e- 19 t �+.m-r t tl e t—r-�rri-n t i-xrs- r tt}re--i n-c�--l--c o rrdjt imr ( -)--ARy-- icag -betweeti--t-he--eemtm3ty--a-mrd- -g a tutee- -twi -}atetp etat}ens--Errtd--caicafations--cam tbe--€ ea ,e al--all-d---st-at4s-t3 al-- €ar-m+ra-bi-e•m-Trrov-i-ded --by-tYre- ul-r-i-sE:-ice it - (c) The grantee shall not engage in the sale , service, repair, rental or leasing of television receivers, radio receivers , parts or accessories and shall not require or attempt to influence its subscribers to deal with any particular person in regard thereto. (d) Construction and maintenance of the CATV system, including house connections, shall be in accordance with the provisions of the applicable sections_of the current edition of the : 1 . National Electrical Safety Code of the Institute of Electrical and National Engineers; and 2 . National Electronic Code of the National Fire Protection Association-; and 3 . Occupational Safetx_and I--Health Act of 1970 ; and 4 . North Carolina State Building Code' and 5_ local codes and ordinances . 21 (h) The installation of lines, including service drops to subscribers, shall be made underground in areas where both the telephone and power lines are underground or hereafter may be placed underground. The same shall apply to installation of other facilities . Also , installation of lines and facilities shall be made underground, and any existing above-ground facilities shall be placed underground when required by rules, regulations and policies of the North Carolina Department of Transportation. (c) The grantee shall, at its expense, protect , support, temporarily disconnect, relocate in the same street or other public place, any property of the grantee when required by the county or the North Carolina Department of Transportation by reason of traffic conditions, public safety , street closing or abandonment , highway or street construction , change or establishment of street grade , installation of sewers, drains, water pipes , power lines , signal lines, or any other type of structures or improvements; and the county or the North Carolina Department of Transportation shall not be liable for any disturbance of the grantee ' s installations resulting therefrom . This section applies to streets or roads as defined herein. Th,_ grantee shall carry out ins::ructions and directions of the North Carolina Department of Transportation District Engineer whenever it is necessary to raise or remove any of the grantee ' s wires or cables t.�mporarily for the purpose of 23 (b) Within ninety ( 90 ) days after obtaining all necessary permits, licenses and authorizations, the grantee shall commence construction and installation of the system in accordance with the terms of the franchise granted . 22112 letion E{= ---4-4ti 44-19---tie-- &-- zy&-- m e e ---e-f iota -t + -t-i - - 9 s-t 13-a-t4. - €--t tee--ay e ,---t-ite- E a-n-t -siia1-1 -iae -rt-zf -e �E- -v-i --tom-sti- c v7i s;--aptd-- omp3-e-tir5-rr of the system shall be pursued with reasonable diligence thereafter according to the terms of the franchise granted . (c) The franchise shall detail service extension requirements within the franchise area . Art- 23 se-r-v-ire- z -sh 1---ham- a ge r u t eefrS-i-de e-n--tii -s-t-a-tom- --t+re--e-r}-3-rr-cakes- e -e i-siorr;- ee-s-t -e-z- a4 --e*t-erts4e-n-,-pep-t Est -o. -d }sit -a-ad--av-er a g c s f-}i�--ate- �� -e of -4-t --t-i, -a-n4- cnd -- - sr-o eon-�d--sue d d--a-��- 25 Section XI . Construction Timetable (Reserved) . Section XII . Operational requirements. (a) The grantee shall install and maintain a CATV system which shall be in accordance with the highest and best-accepted standards of the industry , to the end that subscribers shall receive the best possible service. In addition , the grantee shall comply with all applicable regulations of agencies having jurisdiction over the CATV system. (b) The grantee must obtain individual permits for street openings, must have installation or construction plans approved prior to construction, must secure all necessary permits at its expense, and must pay all fees charged for closing pavement cuts . (c) When any portion of the CATV system is to be installed on public utility poles and facilities , a copy of all joint use agreements shall be filed with the county. (d) The grantee shall maintain a local office for the purpose of handling subscriber complaints and providing prompt maintenance service. (e ) The grantee shall use its best efforts to upgrade the system after construction to conform the system to advances in the state of the art in the CATV industry. 27 inspect the grantee ' s records showing the gross annual receipts from which these payments are computed and the right of audit and recomputation of any and all amounts under this ordinance . Acceptance of payments hereunder shall not be construed as a release or as an accord and satisfaction of any claim the county may have for further or additional sums payable under this ordinance or for the performance of any other obligations hereunder. In the event of holding over after expiration or other termination of any franchise granted hereunder, without the consent of the county, the grantee shall pay to the county reasonable compensation and damages, of not less than one hundred per cent (100%) of its total gross profits during said period. Section XIV. Rights reserved to County. (a) Nothing herein shall be deemed or construed to impair or affect, in any way, to any extent, any right of the county to acquire the property of the grantee , either by purchase or through the exercise of eminent domain. (b) The county hereby reserves the right to amend any section or part of this ordinance. (c) At all reasonable times , the grantee shall_ permit any duly authorized representative of the county: (i) To examine any and all financial records maintained by or under the control of the grantee relating to 29 judgment, ex ion claim or demand which the County may legally be required to pay as a result of the award of a franchise hereunder or as a result of the exercise of aja franchise granted to the grantee. (ii) save the County harmless and indemnify it from all loss sustained by the County on account of any suit, judgment, execution, claim or demand whatsoever based upon any injuries or damages sustained (including but not limited to copyright infringement) arising out of the installation, o eration or maintenance of the CATV system authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited bL_this ordinance or any franchise granted hereunder. (iii) pay all expenses incurred by the County in defending itself with regard to all damages and penalties mentioned in subsections (i) and (ii) above. These expenses shall include all out-of-pocket expenses, such as consultant or attorney fees , and shall also include the reasonable value of any services rendered by the County Attorney or any other employee of the County. (e) Concurrently with the filing of the written acceptance as required in Section VI , the grantee shall file with the County Manager , and at all times thereafter maintain in full force and effect for the term of .-e4- ,.ri,- the franchise or any renewal thereof; - 31 The bond shall provide, but not be limited to, the following condition: There shall be recoverable by the county, jointly and severally from the principal and surety, any and all damages, loss or costs suffered by the county resulting from the failure of the grantee to satisfactorily complete and fully activate the cable television system pursuant to the terms of the franchise. Any extension to the prescribed time limit must be authorized by the board. Such extension shall be authorized only when the board finds that such extension is necessary and appropriate due to causes beyond the control of the grantee. The construction bond shall be terminated only after the board finds that the company has satisfactorily completed and fully activated the cable system pursuant to the terms of the franchise. The rights to the county with respect to the construction bond are in addition to all other rights of the county, whether reserved by this ordinance or authorized by law, and no action , proceeding or exercise of a right with respect to such construction bond shall effect any other right the county may have. (g) Concurrently with the filing of the written acceptance as required in Section VI , the grantee shall deposit with the County Manager a letter of credit from a financial institution in the amount of ten thousand dollars 33 Manager may immediately request payment of the amount thereof, with interest and any penalties , from the letter of credit. Upon such request for payment, the County Manager shall notify the grantee of the amount and date thereof. The rights reserved to the county with respect to the letter of credit are in addition to all other rights of the county whether reserved by this ordinance or authorized by law, and no action, proceeding or exercise of a right with respect to such letter of credit shall affect any other right the county may have. (h) The grantee shall pay to the county a sum of money sufficient to reimburse it for all expenses up to $20, 000 incurred by it in connection with the granting of a franchise pursuant to the provisions of this ordinance less all application fees collected by the county pursuant to the process leading to the award of the franchise. Such payment shall be made within thirty ( 30) days after the county furnishes the grantee with a written statement of such expenses . (i) The grantee shall file and maintain with the county manager copies of all petitions, applications and communications transmitted by the grantee to or receive: by the grantee from all federal and state regulatory commissions or agencies having competent jurisdiction to regulate the operations of any broadband telecommunications network authorized hereunder . 35 petition tointervcne, in any suitor proceeding to which the grantee is a party_ Section XV. Franchise fee (Reserved) . Section XVi . Service and Maintenance; Procedure for investigation and resolution of complaints . (a) Maintenanance service shall be promptly avail- able to all subscribers upon request . The grantee shall maintain at least two (2) published telephone numbers with a local exchange where calls for service will be received . The grantee shall respond to calls for service as follows: ( i) A system-wide failure is defined as the failure of 25% or more of the Main Trunk Cable or the failure of so much of the CATV system of the grantee as results in 25% or more of the subscribers simultaneously being without CATV service. ( ii ) Prime time is defined as the periods between 5 : 00 o ' clock P.M. and 12 : 00 o' clock midnight, Monday through Friday and 12 : 00 o' clock noon and 12 : 00 o'clock mid- night, Saturday and Sunday. (iii) In the case of a system-wide failure during prime time, the grantee shall respond with personnel trained to make all reasonably necessary repairs to the location of ' the failure within thirty ( 30) minutes of the for 37 and the tabulation shall be delivered to the county manager upon its completion. (b) Whenever it is necessary to interrupt service over the CATV system for the purpose of network or system maintenance, alteration or repair, the grantee shall do so at such time as will cause the least amount of inconvenience to its subscribers . Prior announcements of such service interruption shall be carried on the appropriate basic service channel whenever possible. (c) The grantee shall not ive any y priority or undue advantage in service or maintenance to residents of any particular development or neighborhood. (d) The grantee shall make a reasonable effort in good faith to resolve all complaints made to it regarding the operation of its CATV system. The grantee shall forthwith furnish to the County a copy of all complaints contained in written correspondence it receives (other than notations or comments written on invoices ) . If any complaint is not resolved to the reasonable satisfaction of the person making the complaint, such person may appeal to the county manager . The manager ' s resolution of the matter shall be final unless the manager ' s determination is overruled by the board . (e) The grantee shall give notice of the existence and availability of the complaint resolution procedures set forth_in this_section to each subscriber at the time of his initial subscription to the CATV system and as to those s ubsef ptom-te-tIle--cA`i'v Section XVII . Violations. (a) It shall be unlawful for any person, firm or corporation to make any unauthorized connection, extension or division whether physically , accoustically, inductively , electronically or otherwise, with or to any part of a franchised CATV system within the county for the-ptirpos.e-verf- -t-a-k4 rig-e --r -ev4flig--teletr-is4. rr--s4, l -;-- d- -rats; e-tta4esT-pEegfaffis:-ef- edm,A; any purpose whatsoever. {b}--I-t--si1-x1-}--be--i-la ftrl--vr- y-T -s :--f-rrnr-er et4e.-wiser-with-aey-paEt-ez-- --€-c ri ed--ctrl-e-- -y r- i-t>1+fr the-e.Q gty---f�r-tt -pepp&se-e=-eiie 4 g--ri- -f -o -e-rte-ta wit14914t-payRa t--te-toe--ewaep-ef-sa 4-eyetear (b) It shall be unlawful for an person , without the consent of the owner, to willfully tamper with, remove or injure any cables , wires or equipment used for distribution of television signals, pictures, programs or sound. (c) As provided in Sections VII (c) and X (e) , violations of this ordinance by_a grantee may result in termination of the franchise. (d) A violation of any of the provisions of this 41 currently holds a valid franchise granted pursuant to the provisions of this ordinance. It is further the intent of this ordinance that unfranchised CATV systems and operations, including those in place on the effective date of this ordinance, not be used as grounds for adding to, enlarging of, extension of or expan- sion of existing systems or operations. Consistent with the above stated intention of this ordinance and as expressly provided in N.C. Gen. Stat. Section 153A-137, Section III of this ordinance makes it unlawful to operate a CATV system in the unincorporated areas of the County without a franchise. In order to implement this principle with respect to unfran- chised CATV systems and service, including those in place on the effective date of this ordinance, the Board may: 1 . Declare the operation , construction and maintenance of unfranchised CATV systems, and service, including those in place on the effective date of this ordinance, in the unincorporated areas of Orange County unlawful and require the operator of any such system or service to discontinue construction, operation and main- tenance of any such system or service and to remove the CATV system from the streets, roads, and other public places and in all respects to cease providing cable television service. Such removal shall be done by and at the expense of the CATV operator. 43 upon such terms as are satisfactory to both County and the grantee. The authority granted by a preexisting permitted use franchise shall be limited to providing cable television service to the homes connected to the CATV system and served on the date of the expiration of an existing valid franchise or on November 24 , 1980 , whichever date is later , and to providing reasonable, ordinary maintenance of the CATV system in place on the applicable date. No such CATV system shall be extended. In all other respects the authority granted by the preexisting permitted use franchise shall be as prescribed in Section XIII of the Orange County Cable Television System Ordinance. All rights reserved to the County prescribed in Section XIV of this ordinance shall pertain to any such preexisting permitted use franchise except that the grantee shall not be required to post the surety bond described in Section XIV(f) . The liability of the grantee to reimburse the County for expenses incurred by it in connection with the granting of the franchise shall be limited to the application fee paid by the applicant. All other provisions of the Orange County Cable Television System Ordinance inconsistent with this section are superseded by this Section with respect to a preexisting permitted use franchise. 45 A 1 APPROVED JUNE 16 1987 MINUTES ORANGE COUNTY BOARD OF COMMISSIONERS JUNE 1, 1987 REGULAR MEETING AND MAY 26, 1987 CONTINUED JOINT PUBLIC HEARING regular session on Board of Commissioners met illsborough, North Carolina e County Joint Public or North Hearin The Orange 7 .30 p.m. , Superior Courtroom, to hold 1987 , regular meeting and to continue the to hold their reg from May 26, 1987 . and Commissioners PRESENT: Chair Shirley E.BOARD MEMBERS Moses Carey, Jr , Stephen Halkiotis, John Hartwell and Don Willhoit- . Gledhill- Geoffrey Planning Board ATTORNEY PRESENT: Chair Barry Jacobs, Brenda PRESENT: Betty Malannin, PLANNING BOARD MEMBERS, r Kramer, Mike Lewis, Members Chris Best, Steve Yuhasz. Prince Taylor and son, Assistant County Swann, Thompson, Clerk to County Manager Kenneth R. Thom s Gene Bell,STAFF PRESENT: and William T. Laws, Joanna Bradshaw, Blythe, Administrative Secretary Managers Albert Kittrell Planner Brad Torgan. Planning Board Beverly a Collins, Planning Director Marvin put on the AGERS COMMENTS detail third floor renovations be A. BOARD Marshall MAN asked that the that the line item Chair MthehJll 6 meeting. She announced agenda for the July to leave the meeting to the would need would be out members. will o delivered tomorrow indicated he m armed need Board leave he asked that Commissioner a early flight. He informed Conference and of town of an 3 until after the NACo possible. of town from July targeted this month if p the budget would be adoption of Marshall budget be d that if at all possible adop assured that Chair Marshall adopted June 30. B. AUDIENCE COMMENTS up to 1. MATTERS r THE PRINTED that em is discussed. that those citizens who have signed Chair Marshall stated (OCIM) speak will be recognized at the time that it in Mission sp MATTERS NOT ON THE PRINTED AGENDA Congregations 2 . president of of OCIM isdistributed ion (O ) Peggy Walker, Executive Director accompanied the Susan Glaser briefly detailed the situation. today accomp Commissioners and year old child came facinc a stated that the single mother with a six y sing off since December and is nc stated that a She has been laid with no electricity, eligible no unrmpltyment for assistance. apartment. She has been living lights an eviction from her p In two weeks she will be and mp water• today this person has no food and no lights stamps. However, OCI and food give this person. months of 1987 , the first five which does no OCIM had nothing tog reported that in OCIM wil Ms. Walker rep maritan Relief workers.include the spent 78%that its 1987 gven for the include the $13 , 000 that was g 2 have no funds available for the month of June. The membership of OCIM instructed Ms. Walker to request from the County' s contingency fund an additional $10,000 to be placed into the General Assistance fund to provide housing, utility and other emergency needs for families in Orange County. The request is supported by the Inter-Faith Council and Ms. Marti Cook, Director of Social Services. Chair Marshall suggested and it was the consensus of the Board that because of the low balance in the County's contingency fund that this request be reviewed during the budget session. This would be the General Assistance line item in the Social Services budget C. MINUTES Consideration of the March 24, 1987 minutes was postponed to the next meeting. PUBLIC CHARGE approved by the Board and Chair Marshall read the "Public Charge" as app as contained in the rules of procedures for the Board. PUBLIC HEARINGS (Continued from the May 26, 1987 Meeting) 1. LAND USE PLAN AMENDMENTS - LITTLE RIVER TOWNSHIP COMPONENT Staff presentation was made by Gene Bell. The presentation was made in three parts: the process; the existing plan; and the proposed plan and related issues. I. The Process The process began with the reactivation of TAC's in March 1986. Since that time there have been eleven meetings in Caldwell dealing with the Plan and related issues. Planning Staff identified four basic steps in updating the Land Use Plan. (1) A determination of existing conditions; (2) Analysis of trends; (3) Development of organizing concepts or guiding principles; and (4) Compilation of the Draft Plan. The four step process was typified by the following questions: (1) Where are we? (2) Where are we going? (3) Where do we want to go? (4) How do we get there? Having identified the steps in the process, Bell elaborated as follows: (1) Existing Conditions a) The staff conducted a survey of existing land use in Little River Township in December 1986. The results of M 3 the survey are tabulated on the bottom of page 16 of the agenda. (Attachment to these minutes on page ) b) Existing conditions also identified and evaluated included the natural environment and constraints or opportunities posed by the conditions to growth. These areas included: - flood prone areas - steep slopes (15%) - poor soils severe percolation problems shallow depth to groundwater or bedrock poor load bearing capacity high plasticity (shrink/swell) c) Existing population patterns were determined by a count and identification of the location of dwellings in the land use survey. For this purpose, the township was divided into four parts using the main roads as dividing lines. The proportional distribution of dwelling unit distribution is as follows: North = 15% South = 42% East = 17% West = 26% (2) Trends Bell summarized development trends within the Township. Housing stock increased by almost one-third (576 units to 763) during the period 1980-85. Subdivided lots less than ten acres in size equaled 144 with an additional 84 lots in 1986. The distribution of these lots is north 11%, south 52%, east 21% and west 16%. During the period 1981-85, 15% of the land under Agriculture Use Value Taxation south of NC 57 and Guess Road was withdrawn from the program. Population increase from 1980-85 was 477 people or a 32% increase over 1980. The 1990 projection is slightly over 2300 residents in Little River Township or a 57% increase over 1980 . This indicates that residential development has been the dominant form of development in Little River since 1980 and the majority of this development has been concentrated in the southern part of the township. (3) Residents Preferences/Concerns In an effort to determine the preferences and concerns of township residents, a questionnaire was distributed in December 1986. Returns were low (only 9) so an effort was 4 made again in January 1987 . The final tally was only 22 returns which was insufficient to base hard and fast assumptions on, but the results were used as much as possible. Those concerns identified as problems by 2/3 or more of the respondents and used when drawing up the Draft Plan were as follows: Growth of Durham to the northwest Loss of agricultural land Too much residential development Soil erosion Development in environmentally sensitive areas (4) Preparation of the Draft Plan In preparation of the Draft Plan, alternative forms the Plan could take were discussed. The following issues were focused on: 1) Protection of environmentally sensitive areas, i.e, assuming there is going to be more residential development, where is the best place for it given the environmentally sensitive areas discussed earlier. 2) Development Trends - What would the plan look like if development trends were used to determine new residential areas? 3) Citizen preferences - Using the responses from the questionnaires, where would residential and commercial areas be? Considering the existing plan along with the foregoing issues, Staff endeavored to use the best features of each to produce the Draft Plan. II. Existing Plan The following organizing concepts were used in doing the 1981 Plan. (1) Agricultural operations in the Township should be protected against disruption due to non-farm development. Residential development should be directed away from prime farm lands. (2) The rural, low-density residential character of the Township should be maintained. (3) The Caldwell and Schley areas exhibit the characteristics of a crossroads community within the Township, a character which should be enhanced. (4) A need for some commercial and industrial activities, especially agricultural support services, exists and should be accommodated. 5 In the existing Plan, there is a large Rural Residential area designated along the Guess Road Corridor to Caldwell. There are also five activity nodes: two Rural Community Nodes (1/2 mile radius) at Caldwell and Schley and three Rural Neighborhood Nodes (1/4 mile radius) at Berry' s Grove, Harris Crossroads and Underwood' s Store. There is also a large area designated Agricultural Residential. III. Draft Plan The same organizing concepts were used as in the 1981 plan with the addition of the following: Existing water supply watersheds in the Township should be developed in a way that will minimize impacts on water quality and not conflict with agricultural uses. Bell noted concerns from questionnaires and indicated they were incorporated in the Plan as appropriate, considering the limited response. Bell explained the Plan beginning with the Rural Residential designation. He indicated it was scaled down in size from the 1981 Plan, and there are two primary areas. One is the southeastern part of the township which reflects historical development and the trends discussed earlier. The second is the central township area south of Caldwell and is based on the lack of environmental constraints, development trends previously discussed, and the general lack of agriculture. In both cases, the Staff has tried to orient Rural Residential on arterial highways to provide good access to Hillsborough and Durham and also around encroachment on the agricultural areas. Both of the areas are in general conformity with the questionnaire results. The Agricultural Residential areas are interspersed in existing agricultural areas. The primary use is residential although the lot size often exceeds ten acres. Some examples include the Worth Lutz property, Little River Ranches and Little River Farms. The agricultural areas are not so much a designation as a reflection of existing conditions. The areas shown as Agricultural on the Plan were identified through a combination of field survey and review of agriculture use value taxation files and include managed forest lands. Protection of agricultural lands in the Township is the first operating principle. By identifying them on the plan, it is easier to assess the potential impacts when adjacent areas are proposed for residential or other development and, at least to some extent, try to mitigate the potential impacts on the agricultural areas. Resource Protection Areas are composed of two limiting environmental features - flood prone areas and steep slopes 6 (those more than 15%) . There are 1230 acres in flood prone areas and 470 acres with steep slopes in the Resource Protection Area, representing a total of 1700 acres (6% of the Township) . The arterial and collector road system serving the township has also been identified. The arterials include NC 57 and 157. Collectors include Guess Road, New Sharon Church Road, Schley Road and Little River Church Road. The road classifications have been shown because they serve as a guide in determining the location of Activity Nodes and Rural Residential Areas. Little River Township lies in two water supply watersheds. The northern part of the Township lies in the Flat River Watershed which flows to Lake Michie, the primary water supply for the City of Durham. The southern 80% of the Township lies in the Little River drainage basin which flows into the Little River Reservoir in Durham County. Bell indicated that Mr. Tom Bruce of the Water Resources Department for the City of Durham was available to address this item in more detail later in the meeting. Activity Nodes are the same as 1981 except for Harris Crossroads. A project that has generated a great deal of discussion and concern is Treyburn in north central Durham County. It is a 5200 acre mixed-use development. Over the next 20 - 25 years, a range of 20, 000 to 40, 000 jobs in Treyburn has been estimated. Approximately 4000 dwelling units are also proposed as part of Treyburn. The only use currently under construction at Treyburn is the Organon Teknika Plant to be fully operational by early 1988. It will initially employ 400 - 500 people and by 1998 should have around 2000 employees. Construction is just beginning on the first 60 residential units which are on 80, 000 square foot lots with public water and sewer. Durham Research Properties estimates that ten years from now all residential development at Treyburn will be completed and there will be 10, 000 - 15, 000 jobs. Further development at Treyburn is contingent upon upgrading the Eno Waste Treatment Plant. The current capacity is 2.5 MGD. If all improvements stay on schedule, a 10 MGD plant could be on line in 1991. The plant is currently the subject of an environmental impact statement, thus the 1991 date might not be correct. The best source for determining where residential demand generated by Treyburn will be strongest is the Traffic Impact Analysis prepared by Kimley-Horn & Associates of Raleigh. Their projections for traffic into and out of Treyburn are: north 20%, south 55%, east 10% and west 15%. 7 The Planning Staff recommends approval of the amended text and map and incorporation into Section 3 .7 of the Land Use Plan. Following this hearing, the Little River TAC will meet to formulate a recommendation to the Planning Board. The Planning Board will meet on June 15 to consider TAC comments and formulate a recommendation to the Commissioners for their meeting on July 6, 1987 . Tom Bruce of the City of Durham Department of Water Resources, stated that his department is responsible for the development, operation and maintenance of Durham's water supply, water treatment and waste treatment facilities. He indicated that the City of Durham looks to the three rivers of the Upper Meuse Basin (Eno River, Flat River and Little River) for its water supply. Due to droughts in 1921 and 1922, a dam was constructed on the Flat River which formed Lake Michie and has served as Durham City's and Durham County's primary water supply since 1926. He noted that in 1974, the City began planning for a reservoir on the Little River. He indicated that this project was nearly complete, and plans were to begin impounding water by late July of this year. In 1984, the Durham City Council passed a Watershed Protection Ordinance for the protection of the Falls and Jordan Lakes as well as providing for the protection of Little River Reservoir and Lake Michie. Mr. Bruce continued that in December of 1985, the Durham City Council passed a resolution requesting that the Division of Environmental Management reclassify the Flat River and Little River to the highest possible level of the new stream classification system which is WS-I and WS-II. The success of this request depends upon actions of Orange County, since most of these watersheds are located in Cedar Grove and Little River Townships. The reclassification is pending an investigation by the Division of Environmental Management. Mr. Bruce presented the request that Orange County designate the Flat River and Little River Watersheds in Orange County as water supply watersheds and provide the same level of protection currently provided for Lake Orange, Corporation Lake, Lake Ben Johnson, Cane Creek, University Lake, and Seven Mile Creek. This would be in the best interests of Durham and Orange Counties. The Durham water system already serves Orange County along US 70 as well as having provided emergency water in Chapel Hill for OWASA. He continued that there is a potential interconnection with Hillsborough to serve Orange County citizens, and there may also be potential for separate water supply reservoirs on the north and south forks of Little River to serve Orange County directly. The City of Durham is cooperating with Durham County on the development of a watershed-wide study of the Lake Michie and Little River watersheds. One of the major inputs into the study will involve Orange County's long range plans for these watersheds. He asked that Orange County cooperate with Durham County as they move forward with this watershed study, noting that all information developed would be of interest to both Durham and Orange Counties. Commissioner Hartwell stated that he felt it would be in the best interest of Orange County to help Durham protect its water supply, particularly if Durham is going to reciprocate and make a long-term (longer than ten years) commitment to supply water. He continued that he also felt it would not be good for Orange County to agree to protect that watershed in 8 perpetuity and Durham set only a ten-year limit on water provision to Orange County. He indicated that was the status of the negotiations now with the Town of Hillsborough. He stated the two counties should work together and asked that the paper reflect that concern. Mr. Bruce indicated agreement with Commissioner Hartwell, noting that he had not been involved with the negotiations with the Town of Hillsborough so he did not know what had transpired thus far between Hillsborough and Durham. Planning Board member Peter Kramer asked the County Attorney to explain the process for implementation of the Township Plan. Gledhill responded that the Plan would be implemented through the Subdivision Regulations and the Zoning Ordinance when zoning is applicable in the township. Kramer continued, asking about watershed protection. Gledhill responded that there are some watershed protection measures that are in the Subdivision Regulations, however, watershed protection measures must be implemented primarily through zoning regulations. Commissioner Hartwell spoke to Marvin Collins, Planning Director, indicating he wished to go on record publicly as being critical of the center at Underwoods, noting that he felt it was a disgrace to Orange County. He continued, stating that there was nothing in this Land Use Plan which helps deal with such a situation as Underwoods. Collins concurred. Hartwell continued, asking if there is anything in place at this time which could help deal with the situation, noting that he felt it is a threat to the health and safety of the community. Collins responded that there are no ordinances currently in place which the Planning Department enforces which would give Staff any means of addressing that situation. He continued that short of having a specific ordinance which addresses nuisances, there is nothing that could be done at this point. Barry Jacobs, Planning Board Chair, asked Gene Bell how closely the growth in Little River Township between 1981 and the present adhered to the Land Use Plan that was adopted in 1981. Bell responded that growth was predicted in the 1981 plan to occur at about 7. 5% annually. The actual growth rate is slightly over 5%. Bell explained the growth rate, indicating there were fairly large lot sizes. Jacobs continued, asking what the gap was between the Subdivision Regulation and the Zoning Ordinance in regard to watershed protection. Bell responded that in the Subdivision Regulations, there are requirements for a 50 foot buffer on any perennial stream. In the Subdivision Regulations, there are no restrictions on uses of land in an unzoned area. A Zoning Ordinance would include a permitted use table and any uses not listed would not be permitted. Specific portions of the ordinance address watershed protection. Jacobs asked how density was regulated through the Subdivision Regulations. Bell responded that in the Subdivision Regulations, a lot in an unzoned township is required to have an area of 40, 000 sq. ft. Also, if this area were zoned, it would be zoned Protected Watershed. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to refer the Little River Township Plan to the Planning Board for a recommendation to the Board of Commissioners on July 6, 1987. VOTE: UNANIMOUS. 9 2 . PLANNED DEVELOPMENT APPLICATION - PD-1-87 FLOWERS MOBILE HOME PARK Staff presentation by Marvin Collins. This agenda item is to receive citizen comment on a proposed Planned Development - Mobile Home Park. Flowers Mobile Home Park is an existing park located in Eno Township on the west side of Mt. Hermon Church Road (SR 1812) . The proposed Planned Development - Mobile Home Park would be an expansion of the existing park, involving the addition of 25 mobile home spaces to 43 existing units. The tract on which the park addition is to be located consists of 25 acres west of and adjacent to the existing park. The property is currently zoned Residential-1 (R-1) and is designated Rural Residential in the Land Use Plan. The property is also located in the Major Transportation Corridor (MTC) adjacent to I-85. The requested designation is PD-MHP-R-1 which requires the approval of a Special Use Permit and compliance with specific development standards for mobile home parks and planned developments in general. The application is the first to be considered which employs the new mobile home park standards adopted in March, 1987. Article 8. 2 .2 of the Zoning Ordinance states that where a preponderance of evidence indicates compliance with the general standards, specific rules governing the specific use, and that the use complies with all required regulations and standards, the application must be approved unless it is found, in some specific manner, that: 1. The use will not promote the public health, safety and general welfare if located where proposed and developed and operated according to the plan as submitted; 2 . The use will not maintain or enhance the value of contiguous property; or 3 . The use is not in compliance with the general plans for the physical development of the county as embodied in these regulations or in the Comprehensive Plan, or portion thereof, adopted by the Orange County Board of Commissioners. The burden of proving one or more of the above findings is on those opposing the application. The proof must also be in the form of competent material and substantial evidence. No information has been received which would establish grounds for making one or more of the above findings. The Planning Staff has reviewed the application, the site plan and supporting documentation and found the applicant in general compliance with the standards, specific rules and required regulations. The Planning Staff has made, however, negative findings with respect to certain required standards and/or regulations. These negative findings may be addressed through conditions of approval attached to the Special Use Permit. For this reason, the Planning Staff recommends approval of 10 the request with the conditions as attached on pages of these minutes. Collins stated that since May 26, the applicant has submitted a revised site plan and additional information which addresses some of the recommended conditions. Conditions addressed on the revised site plan include: #6, #9, #10, #13 , #18, #19, #20 a & b, #21 and #22 and may be deleted. The other 17 conditions are still applicable. Commissioner Hartwell inquired if the existing mobile home park was required to meet the new mobile home park standards. Collins responded that the existing park was a pre-existing nonconforming use and is not required to meet the new standards. Jacobs inquired of the status of the State review of the community water system. Collins responded that neither the Division of Health Services nor the Division of Environmental Management will offer any comments on a preliminary plan. They will only review and approve a formal application for a permit for either community water or community sewage disposal system. No application has yet been submitted so no State comments are available. The applicant did submit materials which indicated that the Orange County Health had checked the soils for suitability for a community low pressure system and had indicated that the soils were satisfactory for such a system. The well sites as indicated on the plan are also in compliance with Health Department requirements. Jacobs asked if the State reviews a preliminary plan or a final plan. Collins responded that the State reviews a final plan that includes all construction details as well as information supplied by the applicant and the Orange County Health Department. Jacobs asked about information on traffic counts and impacts at the intersection of US 70 and Old NC 10. Collins indicated that projected traffic counts were in the packet and that trips per day were estimated to be approximately 120 trips per day (25 units at 4.78 trips per unit-- Institute of Traffic Engineers estimate for a mobile home unit) . An impact assessment was not done for the intersections because of the low volume of traffic that the use would generate. Commissioner Carey inquired if the 17. 3 acres shown as being left in its natural state is the area outside that needed for the septic system. Collins responded that was his understanding and that the septic system was designed to accommodate the additional 25 units only. The design thus serves as a built in density control. Philip Post, the engineer who prepared the plan, stated that the travel surface of I-85 is well over 100 ' from the edge of the right-of-way which would make the first mobile home location almost 300 feet to I- 85. Post indicated there would be the absolute minimum grading and clearing needed for the mobile home spaces and roads. He noted that the area shown as remaining in its natural state would remain under the unitary ownership of the entire tract. There is grazing of horses at various times in existing pastures. He indicated much work had been done to present the best possible planned development. Post also stated that this project will be under control of the State Health 11 Services for water and sewer services and that agency will not review an application as a preliminary matter but only as a final plan with all details presented. Mr. Post stated that the site distance at the park entrance is 650 feet to the north. He noted that the traffic count of 125 trips per day on Mt. Hermon Church Road is only a 1% increase. The capacity on this road is 7, 000 - 9, 000 vehicles per day. Jacobs asked if there was any opportunity within the tenants' associa- tion agreement for the handling of tenants grievances. Post responded that the existing agreement as written would not address such grievances but noted the closing sentence of the agreement asks for and welcomes suggestions from the tenants. Jacobs indicated that tenants from other mobile home parks were concerned about the lack of legal mechanisms to address grievances, and he would be interested to see how this would be handled in this situation. Commissioner Halkiotis stated that in some mobile home parks which he had recently visited the opportunity to address grievances is a pro- blem. Commissioner Carey stated suggestions for solutions of tenant problems could come from meetings being held with Planning Board members, mobile home park owners and tenants. He continued, asking who is responsible for the maintenance of Phase I of Flowers Mobile Home Park. Post responded the park owner maintained the public areas and the tenants were responsible for the areas around their mobile homes. Post indicated this system would continue in effect for the addition to the park. Trash pick-up was discussed, and Post indicated there would be individual trash cans at each unit and be picked up. Post indicated all these items could be addressed through mobile home park regulations. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to refer the application to the Planning Board for recommendation. The recommendation is to be presented to the Board of Commissioners on July 6, 1987. VOTE: UNANIMOUS. 3 . ZONING ATLAS AMENDMENTS - Z-2-87 WILDWOOD - SECTION IV Marvin Collins made the staff presentation. This agenda item is to receive citizen comment on a proposed request by Wildwood Corporation to amend the Orange County Zoning Atlas. Collins displayed a map showing the entire Wildwood project. 12 Wildwood Corporation of Hillsborough has requested rezoning of 28.80 acres or 1,254,528 square feet of land. The property is located west of the present Wildwood Subdivision off NC 86 in Hillsborough Township. The property is designated Ten Year Transition in the Land Use Plan. The present zoning of the property is Residential-2 (R-2) . The applicant is requesting that the zoning classification be changed to Residential-4 (R-4) . A similar request (R-1 to R-4) was made by the applicant in November, 1985. In response to a Town of Hillsborough recommendation (either R-2 or R-3) , topographic constraints and traffic concerns, the Board of Commissioners approved changing the zoning designation from R-1 to R-2 . Development of the tract will have impacts on water and sewer facilities, and the ability of streets to handle projected traffic volumes. The Planning Staff recommends rezoning of the property from R-2 to R-3 for the following reasons: 1. Projected pump station capacities permit additional units to be developed. 2 . The change from R-2 to R-3 is consistent with a "step-down" approach to zoning in the area, with higher densities near NC 86 and lower densities further removed. 3 . Streets within Wildwood Subdivision are capable of handling additional traffic. The Planning Staff further recommends continuation of the public hearing until the Board of Commissioners June 16, 1987 meeting at which time the recommendation of the Town of Hillsborough may be entered into the record. Planning Board member Best asked what the Planning Staff's recommendation was when the applicant requested a rezoning to R-4 in November 1985. Collins responded that Staff had recommended the change to R-4. There was a considerable amount of land between the Wildwood tract and Old NC 86 and if the "step-down" in zoning density that occurred was too immediate, there would be a sizable land area midway between old 86 and New 86 in a low density area that would probably be served by Town of Hillsborough water and sewer in the future. The recommended zoning at that time was consistent with what had been developed previously. Collins continued that the current Staff evaluation was more detailed. Slopes greater than 15% had been identified, and it was found that a cluster subdivision would be better suited for this site. Traffic impacts were reviewed much closer this time as well. Best continued, asking about the location of Oakdale Drive Extension. Collins indicated the location on the map. The developer has to build Oakdale Drive Extension before Section III of Wildwood is completed. Commissioner Hartwell commented that Oakdale Drive Extension was important for the Hillsborough Thoroughfare Plan. He felt the roads needed to be in place as Wildwood was being completed. I 13 Chair Jacobs asked if any accident reports were available for the portions of Wildwood which feed onto NC 86. Collins responded that information could be provided if the hearing is continued until June 16. Jacobs asked what the changed conditions are which justify the rezoning request. Collins responded that it was not essential that there be changed conditions. The only condition that has changed is the depth of the staff analysis. Collins noted the previous Town of Hillsborough recommendation, either an R-2 or R-3 designation. The Staff recommendation is consistent with that recommendation, particularly since the Town will assume responsi- bility for services in the future. Jacobs asked that a Homeowner's Association representative be present at the public hearing if it is to be continued. Fritz Brunsen, representing the developer, stated that the R-3 zoning for clustering would allow for a greenway between the existing housing and the proposed housing. He indicated that the developer is willing to accept Staff's recommendation for an R-3 classification instead of an R-4. Sandra Riley, a resident of Wildwood living on George Anderson Drive, presented concerns about existing drainage problems. She indicated efforts to contact the developer, Mr. Freeland, had been in vain, and he had made no attempt to correct current drainage problems. She complained of three to four foot deep ditches which held water constantly. She also indicated stumps and other debris were in the ditches. She urged the Board to have the developer correct these drainage problems before allowing him further development privileges. Tom Wilkin stated that he lived on John Breckenridge Drive and would feel the greatest impact of traffic from development of the tract in question and feared runoff problems as related to his property. He presented photos showing ditches with standing water which constituted mosquitos breeding and other health hazards for the residents. He indicated there were springs throughout the development which caused constant drainage problems for many residents. Chair Marshall asked for a report from the Manager on these issues. County Manager Ken Thompson indicated that a previous problem had been with water standing under a house due to a spring. He noted that problem had been investigated and corrected by having the developer go back and pipe the water out. Mr. Wilkin indicated he had no desire to deny anyone the opportunity to develop his property, but he did desire to have all these drainage problems corrected before more development is allowed. Chair Marshall asked for a full report from the Manager regarding the problems presented but reminded the Planning Board that its consideration of the request must be separate from the problems presented. Commissioner Carey asked if it was known whether springs are present on the section being presented for consideration. The response was that it was not known if springs were on this section. Jacobs asked why this request was not presented as a Planned 14 Development. Collins responded that Staff felt that the Subdivision Regulations were sufficient to address staff concerns particularly since cluster provisions are contained within the Subdivision Regulations. Commissioner Carey asked that an investigation for springs be conducted on Section IV of Wildwood to avoid more of the same problems. Commissioner Halkiotis expressed concern and discomfort that the developer had not yet corrected problems but was requesting more development. Motion was made by Chair Marshall, seconded by Commissioner Hartwell that the hearing on Wildwood Rezoning Request be continued to June 16 to receive the County Manager' s report on the drainage problems, the Town of Hillsborough recommendation, and a report from the Wildwood Homeowner's Association. VOTE: UNANIMOUS. 4. ZONING TEXT AMENDMENTS a. Article 5. 1. 1 - Schedule for Residential Development Marvin Collins made the Staff presentation. Article 5. 1. 1 of the Zoning Ordinance contains the minimum gross land area and building height requirements, and the required minimum land use intensity ratios for floor area, open space, liveability space and recreation space in Planned Developments. The Article currently does not contain minimum required recreation space ratios for Planned Development - Mobile Home Parks. It also does not contain land use intensity ratios for Planned Development - Mobile Home Parks in R5, R8 and R13 zoning districts. The proposed amendment will correct these deficiencies by adding minimum required recreation space ratios for RB, AR, R1, R2, R3 and R4 zoning districts. Furthermore, minimum gross land area, building height and land use intensity ratios will be added for R5, R8 and R13 districts. The Planning Staff recommends approval of the proposed amendments. The Planning Board will prepare a recommendation on the proposed amendment at its June 15, 1987 meeting. The Board of Commissioners will consider the proposal for decision on July 6, 1987. There were no questions or comments. Motion was made by Chair Marshall, seconded by Commissioner Carey to refer the amendment of Article 5. 1. 1 of the Zoning Ordinance to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987. 15 VOTE: UNANIMOUS. b. Article 2 . 3 .5 - Board of Adjustment Administration Staff presentation by Marvin Collins. Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures have been reviewed to identify inconsistencies. The proposed amendment to Article 2. 3. 3 would require that property for which a Class B Special Use Permit or variance has been requested must be posted at least ten (10) days prior to the public hearing date. The amendment would provide uniformity between "posting requirements" in Article 2 . 3.3 and Article 20 (Zoning Text/Atlas Amendments) . Currently, the property must be posted at least fifteen (15) days prior to the meeting date. The Planning Staff recommends approval of the proposed amendment. Jacobs asked why 10 days rather than 15 days is being proposed is being proposed as the uniform standard. Collins responded that the General Statutes require that an advertisement for a public hearing be advertised for the first time not less than 10 days or more than 25 days prior to the hearing and the 10 day standard is a minimum standard. Complaints have been received that there are so many variations between the administrative procedures and mechanisms of the Board, there needs to be more uniformity. Therefore, Staff felt that posting requirements for public hearings should be consistent throughout. There were no public comments. Motion was made by Commissioner Hartwell, seconded by Commissioner Halkiotis, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987. VOTE: UNANIMOUS. 5. Subdivision Regulations Text Amendments a. Section III-B-3 - Sketch Plan Review Staff presentation by Marvin Collins. Section III-B-3 of the Subdivision Regulations contains the procedure for Sketch Plan review of subdivision proposals. Unlike review provisions for Preliminary Plans and final Plats, no time limit is set for the validity of Planning Staff review of Sketch Plans. To prevent Planning Staff review of Sketch Plans from being considered a permanent approval, a revision of the regulations is proposed. The proposed revision places a time limit of one 1 16 validity of the Planning Staff Sketch Plan comments andeclarifies language in the regulations regarding the significance of the comments. Planning Staff recommends approval of the proposed amendment. There were no questions or comments. Motion was made by Commissioner Carey, seconded by Chair Marshall, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987. VOTE: UNANIMOUS. b. Section VIII-B - Amendments Staff presentation by Marvin Collins. Procedures for public notification for amendments to various County ordinances vary from ordinance to ordinance. To reduce confusion by the general public and to insure consistency, the public notification procedures for amendments to ordinances have been reviewed to identify inconsistencies. The proposed amendment to Section VIII-B would require that the first advertisement of a notice of public hearing regarding a proposed ordinance amendment appear in a newspaper not less than ten (10) and not more than twenty-five hearing. The amendment would provide uniformity between advertisement requirements in the Zoning Ordinance and the Subdivision Regulations. Currently, the first advertisement must appear in a newspaper not less than fifteen (15) days prior to the hearing. The Planning Staff recommends approval of the proposed amendment. There were no questions or comments. MOTION: Commissioner Marshall moved, seconded by Commissioner Carey, to refer this amendment to the Planning Board for recommendation to the Board of Commissioners on July 6, 1987. VOTE: Unanimous. D. RESOLUTIONS OR PROCLAMATIONS 1. RAPE PREVENTION MONTH IN ORANGE COUNTY Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to approve the proclamation as stated below: WHEREAS, rape and sexual assaults are violent crimes committed against females and males of all ages and economic groups; an WHEREAS, rape in Orange County has been one of the fastest growing violent crimes in recent years, with an average of 60 sexual assaults per year reported to the Orange County Rape Crisis Center; and WHEREAS, during 1986, 70 sexual assaults were reported in Orange County; and 17 WHEREAS, rapes have been most frequently reported in the late summer months and are reported to be increasing on the college campus; and WHEREAS, there are precautions that can be taken to lessen the likelihood of sexual assaults, and the Rape Crisis Center, law enforcement and other social service agencies are providing training in self-protection; now THEREFORE, We, the Orange County Board of Commissioners in full recognition and appreciation of the efforts for the prevention of rape and sexual assault in Orange County, do hereby proclaim the month of June 1987 as RAPE PREVENTION MONTH IN ORANGE COUNTY North Carolina and do urge all citizens to seek preventive information and to educate their children as well. We urge all citizens and county, local and state agencies and organizations involved in the criminal justice system to devote special attention to the prevention of these crimes and to the needs of the victims. We urge all other agencies and organizations to join in the redoubling of efforts to make the system of care in Orange County more responsive to the needs of victims of sexual assault. VOTE: UNANIMOUS. F. ITEMS FOR DECISION - CONSENT AGENDA 1. BUDGET AMENDMENTS Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to amend the 1986-87 Budget Ordinance as stated below: GENERAL FUND Appropriation - Social Services $ 4,502 Source - Emergency Food and Shelter $ 4,502 VOTE: UNANIMOUS. G. ITEMS FOR DECISION - REGULAR AGENDA 1. SUNSET RIDGE SECTION II - PRELIMINARY Planning Director Marvin Collins presented for consideration of approval the Preliminary Plan for Section 11 - Sunset Ridge Subdivision. The property is located in Cheeks Township south of West Lebanon Road between Mill Creek Road and Doe Run Road. Thirty eight lots are proposed out of 45. 02 acres. The property is zoned Rural Residential and is designated Rural Residential in the Land Use Plan. The Planning Board recommended approval with the attachment of 5 conditions. The County Manager recommends approval with the attachment of 4 conditions. After further discussion by the Board and input from the County Manager and County Attorney motion was made by Commissioner Carey, seconded by Commissioner Hartwell to postpone action until July 6 to allow additional time for receipt of comments from the Mebane Planning Board. VOTE: UNANIMOUS. 2 . ADDITION OF SHAMBLEY DRIVE TO STATE MAINTAINED ROAD SYSTEM Marvin Collins presented for consideration of a 18 petition from NCDOT for the addition of Shambly Drive in Perry Hills Subdivision to the State maintained Secondary Road System. The Manager recommends approval. Motion was made by Commissioner Hartwell, seconded__' by Commissioner Carey to approve the manager's recommendation. VOTE: UNANIMOUS. 3 . PROPOSED AMENDMENT TO CABLE TELEVISION SYSTEM ORDINANCE (A copy of the Ordinance with the proposed amendments is in the permanent agenda file and will be made a part of the minutes at the time of final adoption) . County Attorney Geoffrey Gledhill stated that some of the changes are due to changes in the law and some of the changes are substantial in that they will impact the way that the cable companies will operate in the County. Randall Roden, attorney for Carolina Cable, questioned whether or not amending the Ordinance would automatically amends the franchise under which Carolina Cable is operating. He stated that a cable company is not a utility that can be regulated by a County. It is a media of expression. The only law in North Carolina authorizing counties to control cable television is a provision which permits counties to grant franchises on reasonable terms. There are two parties it can't be changed by one of the parties but mustbe agreed rupon lby both parties. If a county amends an ordinance, it does not automatically impose upon Carolina Cable whatever changes are made in the franchising ordinance because it has not been accepted by the existing operators. He noted that the current franchise requires the payment of 3% on certain revenues as a franchise fee. The current ordinance changes the 3% fee to 5%. Roden stated that increasing this fee is unfair and beyond the power of a County to do. Roden indicated that the Ordinance reflects a major change in the policy regarding cable television for Orange County. The line extension policy was originally limited to areas with 30 homes per mile on an average from the point where the extension would be made. This allowed the cable company to expand as the population increased. He disagreed with the technical requirements Ordinance. This would mean that a new company wuld not obelrequiredtto have two way communication but at the same time does not relieve Carolina Cable from the requirement in their franchise to provide two-way communication. He supports equal terms for all cable providers and the continuation of maintaining the high standards as originally set forth. He indicated a problem with the definitions as contained in the Ordinance and asked that these definitions be clarified. In summary, Mr. Roden asked that the problems the Ordinance is designed to address be reviewed before the Ordinance is approved. In answer to a question from Commissioner Hartwell, Mr. Roden stated that the revision in the overbuilt re incentive for Carolina Cable to pay an additionalr fee nt would not be an Discussion ensued on the extension of the trunk cables as proposed in the Ordinance. There is no provision in the ordinance or a timetable for the building of this cable. Commissioner Hartwell assured Mr. Roden that all cable companies in the County would be treated equal. Gledhill expressed disagreement with the statement that the County cannot charge Carolina Cable 5% and stated that the franchise fee is not critical to the decision to be made at this time. The two-way capability amendment incorporates the recommendation from the Cable Television Advisory Committee. They felt there was little demand for the two-way capability and felt that it should not be required by the County. The two-way communication system was offered by Village in their proposal and was simply accepted by the County. it was not a requirement of the County but the acceptance had to be incorporated into the franchise ordinance. To treat both companies equally, could either be deleted from the franchise held byCarolinareCablemeor added as a requirement in the Ordinance. With regard to the trunk cable, the issue is whether or not the County wants to impose a timetable for the building of this trunk cable. Gledhill stated that the County could grant a franchise to another cable operator in Orange County without requiring that company to have two-way capability. Jim Medlin from Greensboro and representing Alert stated agreement with the proposed Ordinance and urged its adoption. decided Discussion two-way One e quirement. It was Y franchise for Alert should have a builtin timetable for issue trunkxcablet for the areas of Orange County that have 30 homes a mile. of trunk cable, feeder and overbuilt in the Ordinance need The and the question of the two-way capability requirement needs to be decided. Either release Carolina from the requirement or impose this requirement on Alert. Chair Marshall indicated that since Carolina proposed the two- way capability that this should not be a requirement for Alert Cable. Motion was made by Commissioner Hartwell, seconded by Commissioner Carey to adopt the Cable Television System Ordinance on the first reading. VOTE: UNANIMOUS. 4. PROPOSED ALERT CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST READING 5. PROPOSED CAROLINA CABLE ORDINANCE FRANCHISING AMENDMENTS - FIRST READING It was decided that additional information on the two-way capability was necessary before a decision could be made on the franchise amendments. it was the consensus of the Board to ask Norman Vogl, Chair of the Advisory Committee, to provide additional information for the next meeting scheduled for June 16. The two Cable companies will be requested to provide an estimated cost of providing an active two-way system. 6. BID AWARD FOR THE FLASHBOARD SYSTEM AT ORANGE LAKE Two bids were received for the flashboard system at Orange Lake: Crain and Denbo, Inc. Crowder Construction Company $ 299$ 2 ,8,850 50 Motion was made by Commissioner Carey, seconded by Commissioner Marshall to award the bid to Crain and Denbo, Inc. for a sum of $21,978 for construction of a flashboard (spillway) system at Orange Lake and authorize the Chair to sign. VOTE: UNANIMOUS. 7. BUDGET WORK SESSION SCHEDULE The following budget work session was adopted by the Board: 20 (all meetings pertaining to the budget are listed) June 8, 7: 30 p.m. , Superior Courtroom, Hillsborough for the purpose of holding a public hearing June 15, 4:00 p.m. , Board of Commissioners ' Room for the following departments: Sheriff Emergency Services Fire Districts Public Works June 16, 4: 00 p.m. , Lincoln Center for the following departments: Personnel Elections Purchasing and Central Services June 17, 7:30 p.m. , Schools June 22, 4: 00 p.m. , Multipurpose Center of the Southern Orange Human Services Complex, - 5-year Capital Improvement Plan June 22, 7:30 p.m. , Lincoln Center for the following departments: Health Mental Health Social Services HSAC officers June 24, 4: 00 p.m. in the Commissioners' Room for the following departments: Planning Recreation and Parks Aging Library June 24, 7: 30 p.m. - Schools June 25, 4 : 00 p.m. in the meeting room in the Tax and Records Building on Cameron Street, Hillsborough for the following departments: Data Processing Register of Deeds Land Records June 29, 7:30 p.m. at Lincoln Center for a public hearing June 30, 7:30 p.m. , in the Courtroom of the Old Courthouse, Hillsborough, North Carolina, - special meeting to adopt (interim) budget 8. EFLAND SEWER BIDS Ken Thompson stated that on April 9, bids were received. On a June 9, the bid bond will expire. The low bidder agreed to hold the lowl bid except for the cost of pipe beyond the June 9 deadline. He reported that the House version of the Senate 2 Bill passed last Monday and it is before a Senate subcommittee. Commissioner Hartwell has offered to send a letter to the Chair of the subcommittee and a letter will be sent to Senator Royall and Senator Ralph Hunt. No official action was taken by the Board. Geoffrey Gledhill expressed concern that the material cost as stated by the low bidder seems low and that perhaps the engineer should review these costs. H. APPOINTMENTS The following reappointments were made by the Board: BOARD OF HEALTH Anne Gross Ruth Royster Winifred Prysock COUNTY SENIOR CITIZENS BOARD Henry Atwater TRIANGLE J EMS COUNCIL Victor Germino G. Kenneth Morgan I. ADJOURNMENT Motion was made by commissioner Care Hartwell to adjourn the meetin y� seconded by Commissioner The next regular meeting will be held on June 16, 1987 at 7:30 P.M. i n the Courtroom of the old Post Office, Chapel Hill, North Carolina. Beverly A. Blythe, Clerk Shirley E. Marshall, Chair Joanna Bradshaw, Administrative Secretary