HomeMy WebLinkAboutMinutes - 19670206Minutes of the Orange County Board of Commissioners
February 6, 1967
The Board Of Commissioners for the County of Orange, North Carolina, met in
regular session at the County Courthouse in Hillsborough, N. C., at 10 o'clock a.m.
on Monday, February 6, 1967,
Members present: Chairman Harvey D. Bennett and Commissioners William C. Ray,
Carl M. Smith, Henry S. Walker and Ira A. Ward.
Members absent: None
The Commissioners minutes were read and approved.
II Ed Barnes, County Agent, presented a report on "Target 2" program of the
Agricultural Extension Service, Target 2 is a long range education program and
its main objectives are to help the people.ef North Carolina increase income and
improve family living. It also spells out specific ways that extension agents can
help people in five program areas: family living, 4 -H and Youth, Natural Resource
Development and Community Resource Development. Mr. Barnes pointed out that Orange
County's goal is to raise farm income from nine million in 1965 to twelve million
in 1971.
Robert B. Nichols, Jr, and Quention Patterson, representatives of the
Agricultural Soil Conservation Service, were present to request permission for
Orange County to join with Alemance, Caswell, Guilford, Chatham, Randolph and
Rockingham in making application for federal funds, which will be used, for a
project survey that includes these goals:
II 1. Developewater resources for recreation, wildlife, flood prevention, and
agricultural, municipal, or industrial use.
2. Complete a soil survey of the area.
3. Speed up conservation planning and establishment on individual land units.
4. Convert cropland to grass, trees, wildlife, and recreation use,
5. Improve recreation facilities, including historical and scenic attractions.
6. Encourage new industries to locate in the area and to process products of
the area.
7. Improve markets for crop and livestock products.
Upon motion of Commissioner Ray, seconded by Commissioner Walker, and
unanimously adopted, the Orange County Agricultural Soil Conservation Service
committee was authorized to proceed with.the application for federal funds which will
be applied towards a Resource Conservation and Development project aurve�
that the speed blimit' onosecondarye road ' #130C.,Presentedt8 PPetition which requested
The Board informed Mr, Albright that the had e 35 mle per hour zone.
Of speed zones, but that his y jurisdiction in the establishment
Commission along with a lettereoftendorsementefromwtheeBoardthe State Highway
Commissioner Ray presented a road petition for the Green Pines Subdivision and
the Clerk was requested to forward same to the State Highway Commission.
Upon motion of Commissioner Walker, seconded by Commissioner Rey, Chairman
Bennett was authorized to sign the Aid to the Blind Grants.
AID TO THE BLIND AGENDS
February 6, 1967
NAME
Eff. Date
'Amount
Reason
Revisions
Robert Banks Hobby
3 -1 -67
146 to 170
Increased
cost of
boarding
home rate
011in S. Taylor
3 -1 -67
21 to 27
Increased
coat in
laundry &
spec. medical
care
Joe Mason
3 -1_67
115 to 120
Increased
needs
Matilda Pickett
2 -1 -67
158 to 168
Increased
boarding home
rate
ate
Ada. B. Rogers
161.00
Termination
Sue Marshburn English
12 -1 -6$
22.00
Eligible for
over 72
Soc. Sec.
benefits
The Board meeting adjourned to the courtroom. Sam
and Acting Clerk for said public hearing on the
Gatti$ County
Administrator,
Cownship Zoning Ordinance,
the
proposed
read the minutes of the public
Draft m7 of the
hearing which
Chapel Hill
Chapel Hill High School
Gymnasium on Wednesday, January
25, 1967.
was held in
Opponents of the proposed Chapel Hill Township Zoning Ordinance were present in
the courtroom. Chairman Bennett opened the meeting for discussion between the
Commissioners and the opponents of said proposed ordinance.
Commissioner Smith read the following statement:
"Mr. Chairman, what I have to say is probably not necessarY and will not take
long but it is so easy to be misquoted that I desire the-people here-.to hear - .this.
1.. My feeling on zoning has not changed. I am aware of the many places end
ways in which it has operated poorly. However, I know and have always said it is
needed where areas have become urbanized or are growing rapidly. This board has
always said it would zone areas of this county that requested it and where we feel
the majority of the people in the area went:-it.
2. My feeling on trailers has not changed. I like them. My young people have
lived in them. I think they fill a necessary need to many young people, students,
military personnel, etc.
3, Southern Orange High School, better known as Chapel Hill High School has
moved into this area. Fiber Industries plans a very large development and wants more
land. Others are looking at the area with their mouths watering. Many people will
accept very high prices for their land and move out, We need to protect those that
stay on and their land values. We also need to protect our schools and our school
children."
Therefore, I move the adoption of these changes in the Chapel Hill Township
Zoning Ordinance, Draft #7, dated August 31, 1966 as presented to us end on which
we have held a public hearing but with the following three delections:
Section 7. Mobile Homes
7.1 Individual Mobile Homes on Individual Lots has been changed from
the following:
Individual mobile homes on individual lots shell be permitted in
Residential and Rural Commercial Districts for a period not to
exceed five years from the installation date of the mobile home
provided that construction of a permanent residential structure
is begun within four years from said installation date.
To read with the following changes:
Individual mobile homes on individual lots shall be permitted
in Residential and Rural Commercial Districts.
* 7.2 Existing Individual Mobile Homes on Individual Lots
Individual mobile homes existing on individual lots on the effective
date of this ordinance shall be issued a zoning permit for a period
of five years from said effective date provided that construction
of a permanent residential structure is begun within four years
from said effective date. The Hoard of Adjustment shell be empowered
only in cases of extreme hardship to designate said existing mobile
homes as non - conforming uses as provided in Section 10.1, provided that
said existing mobile homes shell remain in the same ownership as of
the effective date of this ordinance. The provisions of Section 7.1
and 7.1.1 shall apply to said existing mobile homes at such time as
a change in ownership shall occur.
* NOTE
Section 11. Administration
7.2 HAS BEEN DELETED ENTIRELY.
11.1 Certificate of Occupancy has been changed from the following:
11.1,1 After the effective date of this ordinance, the use of no
land or structure shall be changed, nor shall any structure
erected or altered after said date be occupied or used
until a Certificate of Occupancy shall have been issued by
the Zoning Officer. The Certificate of Occupancy, stating
that the changed land use or completed structure complies
with the provisions of this ordinance, shall be applied for
at the same time as the Zoning Permit and shall be issued
by the Zoning Officer within 10 days after he shall determine
compliance. A Certificate of Occupancy shall also be required
for maintaining, renewing, changing, or extending a noncon-
forming use, and renewal of such certificates shall be
required annually.
To read with the following changes:
After the effective date of this ordinance, the use of no
lend or structure shall be changed, nor shall any structure
erected or altered after said date be occupied or used
until a Certificate of occupancy shell have been issued
x...0 Minutes of the February 6, 1967, meeting - continued
by the Zoning Officer. The Certificate of Occupancy, stating
that the changed land use or completed structure complies with
the provisions of this ordinance, shall be applied for at the
same time as the Zoning Permit and shall be issued by the Zoning
Officer within 10 days after he shall determine compliance.
Commissioner Ward seconded Commissioner Smith's motion. Chairman Bennett
called for the vote on said motion. There were 5 ayes and 0 naves. Chairman Bennett
then declared the motion passed.
Commissioner Rey read the following statement:
"While not conceding to the pressures of either the proponent or the opponent,
and realizing fully that the majority of the people outside of Chapel Hill .
Township do not want land use controls in their area and further that due to the
interest shown by the residents of Chapel Hill Township at the Public Hearing, and
further that I have made a personal inquiry of my own and also due to the many
letters I have received from the effected area, it is my honest opinion that the
majority of the people of Chapel Hill Township went some type of land use controls.
Therefore, I will abide by their wishes and vote FOR this ordinance. If my judgement
be wrong and in the event I should ever again run for public office, it will be up
to the voters to make their wishes known. Thank you."
Chairman Bennett made the following comments:
"He stated that he had not enjoyed getting into this controversial subject,
but I have done it and will always do the best for this office. I took an oath that
I would. I have been ridiculed for statements I am supposed to have made, statements
I did not make. The people of Chapel Hill Township are very much interested in some
type of land -use control. I have bad possibly 25 letters favoring zoning end only
3 opposing. Whatever action we take will offend some, will make others happy. Chm.
Bennett read figures. from North Carolina State University projecting a population
of Orange County in 1980 of 74,000, almost double that of 1960. With that much
population increase in a short period of time, there will be problems for everyone.
Right now I think we are a little too late with our planning and land use controls.
This ordinance will not affect anyone materially. The more we grow, the more
controls we'll have to have. I do not feel rights are being taken away, rather that
they are being returned. I know that many people are going to come in and ask for
protection under this ordinance. This simple ordinance will not hurt a half -dozen
people in Chapel Hill Township. The big trouble is that people have not studied
the ordinance. Zoning is not ordinance, zoning is not new. This issue dame up four
years ago and there was county -wide opposition. The Board of Commissioners felt the
county was not ready for zoning. Now we have been petitioned for it. A lot of
People will be mad with me if I vote for it, a lot if I don't. I have made my
decision."
Commissioner Ward made the following statement:
"It is not a perfect ordinance. I hate to take a position when feelings have
become so strong but there comes a time when a decision must be made. This is one
of those times."
Commissioner Walker made the following statement:
"I concurr with the statements end feelings that have been expressed by the
other Board members.
Upon motion of Commissioner Smith, seconded by Commissioner Ward, it was moved
that Draft #7 of the Chapel Hill Township Zoning Ordinance, dated August 31, 1966,
with the deletions and amendments of said ordinance, as above ordered, be adopted.
Chairman Bennett called for the vote do said motion. There were 5 ayes and 0 naves.
Chairman Bennett then declared the motion passed.
HJP - RTRPC
8/31/66
Draft #7
DRAFT - FOR REVIEW.AND DISCUSSION
CHAPEL HILL TOWNSHIP ZONING ORDINANCE
Section 1. Applicability
The provisions of this ordinance shall apply to all portions
of Chapel Hill Township.Orange County, North Carolina,
outside the planning areas of the Towns of Carrboro and
Chapel Hill.
Section 2. Effective Date
This ordinance shall take effect on
Section 3. Purpose
It is the purpose of this ordinance;
3.1 To recognize the clear interest of the residents of
Orange County in the efficiency, prosperity,
appearance, health, and safety of their County;
3.2 To recognize the basic right of each resident to
use and enjoy land which he legally owns or con-
trols;
3.3 To avoid potential conflicts between the land user
and the general public;
3.4 Tv protect the present and future enjoyment of
property by all residents in all portions of
Orange County covered by this ordinance.
To these ends this ordinance is designed to promote the
sound and harmonious development of Orange County and to
further the general welfare of all residents by safe -
guarding property values. This ordinance is further
designed to provide for residential, commercial, and
industrial growth in Orange County by the establishment
of districts within which each type of use can develop
properly and profitably and not interfere with the use
of land in adjacent parcels or districts.
Section 4. Agricultural Exemption
The provisions of this ordinance_ do not apply to bona fide
farms. This ordinance does not exercise any controls over
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crop lands, timber lands, pasture lands, idle or other farm
land devoted.to agricultural use nor over any farm house,
barn, poultry house, or other farm buildings including
tenant or other houses for persons working said farm, as
long as such houses shall be in the same ownership as the
farm and 'located on the farm. Such agricultural uses main-
tain land open and rural and achieve the purposes of this
ordinance without the need for regulation. Residences for
non -farm use or occupancy and other non -farm uses are sub-
ject to the provisions of this ordinance.
Section S. Districts
The following districts are hereby created:
Residential District
The purpose of the. Residential District is to provide for
all types of residences and related land uses in conditions
of good health and safety, and with protected property
values.
Mobile Home Park District
The purpose of the Mobile Home Park District is to provide
for the special conditions associated with small commu-
nities of temporary and transient residences in conditions
of good health and safety and with minimum adverse impact
upon surrounding property values.
Rural Commercial District
The purpose of the Rural Commercial District is to provide
for small "crossroads" rural commercial establishments.
This ordinance recognizes that such establishments pro-
vide convenience shopping facilities in areas where
larger commercial groupings often would be inappropriate.
Rural Commercial Districts will consist normally of a
small store and /or automobile service station combined
with the attached or adjacent residence of the owner or
operator. They are essentially rural in character.
General Commercial District.
The purpose of the General Commercial District is to pro-
vide for general business uses adjacent to main highways
such as outdoor storage, commercial uses, outdoor food
service establishments, automobile service stations and
repair garages, laundries and other customary commercial
uses.
Prime Commercial District
The purpose of the Prime Commercial District is to aid in
the development and protection of commercial areas of
very high standards.
Industrial District
The purpose of the Industrial District is to provide for
all types of industry and related heavy commercial uses
of land.
The specific uses of property and the minimum requirements
for each use permitted in each of the above districts are
set forth in the Table of District Provisions and following
sections. The locations and boundaries of all zoning
districts are shown on a aeries of Chapel Hill Township
Zoning Maps which are hereby declared to be a part of
this ordinance.
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the development and protection of commercial areas of
very high standards.
Industrial District
The purpose of the Industrial District is to provide for
all types of industry and related heavy commercial uses
of land.
The specific uses of property and the minimum requirements
for each use permitted in each of the above districts are
set forth in the Table of District Provisions and following
sections. The locations and boundaries of all zoning
districts are shown on a aeries of Chapel Hill Township
Zoning Maps which are hereby declared to be a part of
this ordinance.
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7.3.5 7w+o-off.;�-driveway parking spaces surfaced with
not- less than four inches of crushed stone or
Other suitable material on a.well compacted sub -
base .be provided for each mobile home space.
Required parking spaces may be included within
the 5,000 square feet required for each mobile
home space.
7.3.6 At least 200•square feet of recreation space
for each mobile home space be reserved within
each mobile home park as common recreation
space for the residents of the park.
7.3.7 All central facilities in a mobile home park,
such as wash and laundry rooms, garbage pickup
stations, recreation or meeting halls be made
accessible to each mobile home space by means
of a walkway at least three feet wide, surfaced
with crushed stone or other suitable all- weather
material exclusive of common dirt or clay.
7:3.8 A11 driveways and walkways be adequately
lighted for safety.
7.3.9 No mobile homes or other structures within a
mobile home park be closer together than 30
feet, except that storage or other auxiliary
structures for the exclusive use of a mobile
home may be closer to that mobile home than
30 feet. Such auxiliary structures may not be
so located as to interfere with removal of the
mobile home in the event of fire or other
imminent disaster.
7.3.10 water and waste disposal facilities for each
mobile home in a mobile home park be approved
in writing by the District Health Officer,
with one copy of each approval to be kept on
file in the Zoning Office.
7.3.11 No mobile home nor accessory thereto, nor any
structure or use provided for by Section 7.3
shall be located nearer a lot line than is
.permitted by Section 6.5, 6.6 and 6.7 for
residential districts.
7.3.12 Plans clearly indicating.compliance with the
provisions of this section shall be approved in
writing by the Planning Board in advance of
permit issuance. In granting such approval, the
Planning Board shall have the authority to
impose such reasonable conditions and safe-
guards as it may deem necessary for the pro-
tection of adjoining properties and the public
interest.
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7.4 Existing Mobile Home Parks
All mobile home parks in existence on the effective date
of this ordinance shall be permitted to continue their
operations beyond three years from said effective date,
.provided that:
7.4.1' The zoning lot for a mobile home park be at
least two acres.
7.4.2 No mobile home park have an overall density of
more than eight mobile homes per acre of land
exclusive of common driveways.
7.4.3 Each mobile home space abut a driveway within
the park.
7.4.4 Driveways be graded and surfaced with not less
than four inches of crushed rock or other
suitable material on a well compacted sub -base
to a continuous width of 25 feet exclusive
of required parking spaces.
7.4.5 All driveways and walkways be adequately
lighted for safety.
7.4.6 No mobile homes or other structures within a
mobile home park be closer together than 20
feet, except that a storage or other auxiliary
structure for the exclusive use of a mobile
home may be closer to that mobile home than 20
feet. Such auxiliary structures may not be
so located as to interfere with removal of the
mobile home in the event of fire or other
imminent disaster.
7.4.7 Each mobile home in a mobile home park be so
arranged that ::t can be readily removed for
safety in the event of fire or other imminent
disaster without first.moving any other mobile
home•or other structure.
7.4.8 One off - driveway parking space surfaced with
not less than four inches of crushed stone or
other suitable material on a well compacted
sub -base be provided for each mobile home space.
7.4.9 Water and waste disposal facilities for each
mobile home in existence on the effective date
of this ordinance in a mobile home park be
approved in writing-by the District Health
Officer, with one copy of each such approval to
be kept on file in'the zoning Office.
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7•.4.10 No mobile home nor accessory,thereto, nor any
structure or use provided for by section 7.3
stall be located nearer a lot line than is
permitted by Section 6.5, 6.6 and 6..7 for
residential districts. In case of hardship
appeal from the provisions of this section•
may be made to the Board of Adjustment.
7.4.11 Any expansion of mobile home parks in
existence on the effective date of this ordinance
shall comply with the provisions of Sections
7.3.2 through-7.3.11 of this ordinance.'*
7.4.12 All mobile home parks in existence on the
effective date of this ordinance and 'still
in existence three years from said effective
date which during said three -year period have
not secured a zoning permit certifying compli-
ance with the provisions of Section 7.4 shall
be in violation of this ordinance.
7.4.13 Plans clearly indicating-compliance with the
provisions of this section shall be approved
in writing by the Planning Board•in advance
of permit issuance. Such plans shall
specifically show the location of all existing
mobile homes, driveways, parking spaces, wells,
sewage disposal facilities, auxiliary structures,
oil tanks, and other information which the
Planning Board may require. In granting such
approval, the Planning Board shall have the
authority to impose such reasonable con -
ditions and safeguards as it may find
necessary for the protection of adjoining
properties and the public interest.
Section S. Extractive Uses
Extractive uses including quarrying the removal of sand, gravel,
minerals, clay, soil, topsoil, and similar operations for non-
agricultural purposes shall be permitted in residential and in-
dustrial districts provided that:
8.1 Buffer strip
No excavating, storage, processing, or truck loading shall
be conducted within 100 feet of any property line or
highway right -of -way line. -
8.2 Blasting -
All blasting operations shall be conducted between the
hours of 8 A.M. and 5 P.M.
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8.3 Nuisance or Hazard
All blasting, drilling, and other sources of noise,
vibration, flying debris, and dust shall be conducted
in such a way as to cause no nuisance or hazard to
adjacent or neighboring properties.
8.4 Stream Pollution
At no time shall extractive or processing operations
result in an effluent or discharge which discolors,
"muddies up," or otherwise pollutes any stream or water
course. All effluent or discharge from extractive or
processing operations shall be treated if necessary
by techniques approved by the State Stream Sanitation
Committee.
8.5 Stream Flow
No extractive use or processing shall impede the normal
flow of any stream or water course.
8.6 Flooding
No extractive use or processing shall be conducted in
such a way as to produce a flooding hazard to adjacent
or neighboring properties at any time. pikes, dams,
or other barriers necessary to prevent such flooding
shall be erected before beginning said operations or
as necessary during the. course of such operations.
Thes3 barriers shall afford the same protection as if
no excavation or processing had been made.
8.7 Public Road or Bridge
No extractive use shall be conducted in a manner which
may undermine a public road or bridge.
8.8 Fencing
seas being excavated shall be enclosed with a cyclone-
type fence no less than six feet in height, of wire
mesh, located no less than 10 feet from the excavation
edge, wherever in the determination of the Zoning
Officer it shall be necessary for safety.
8.9 Rehabilitation Plan
A rehabilitation plan for each extractive use site
shall be approved by the Planning Board prior to the
issuance of a zoning permit. The rehabilitation plan
shall include but not be limited to the following
elements:
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8.9.1 Plans for the continual transformation of ex-
'tractive areas to gently rolling surface top -
ography as.each portion of the extractive
site is "mined out' and operations are moved
to•neW portions of the extractive site. Slopes
in such areas of discontinued operations shall
not exceed 15$. in grade except in areas where
rock or other conditions would cause the cre-
ation of such slopes to be an extreme burden
and hardship. in no rase shall any surface
slope have a grade in excess of 509 when
extractive or processing operations have been
terminated.
9. 9.2 All buildings, structures, equipment and stock -
piles.shal.l be removed from areas of dis-
continued extractive operations.
8.9.3 All areas of discontinued extractive operations
shall be covered with soil of a type which will
support the growth of vegetation, and shall be
planted with grasses, legumes, trees, or other
planting in such a way as to minimize wind
and water erosion in such areas where the
Planning Board shall determine•such covering
to be practical.
8.9.4 All extractive uses existing on the effective
date of this ordinance, whether actually in
operation on said date or not, shall within
.90 days of said effective date.or 90 days of
resuming operations, whichever is greater,
present a rehabilitation plan to the Planning
Board for its consideration.
8.9.5 Said rehabilitation plan shall include estimates.
of any and all costs necessary to carry it out.
Said cost estimates including those covering
modifications which•the Planning Board may
request shall be certified by a civil engineer
licensed to practice in the state of North
Carolina, the Orange Soil and Water Conservation
District or its designated representative, or
other authority accepcable to the Planning
Board.
8.9.6 A performance bond in the amount of said
estimated costs shall be posted with the
County Administrator to insure the making of
improvements called for in said rehabilitation
plan. Portions of said bond may be released
by the Planning Board- upon satisfactory evidence
by the Zoning Officer that portions of the plan
have been completed. All portions of said bond
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shall be released by the.Planning Board
Within 15 days after presentation of
satisfactory evidence that the rehabilitation
plan has been completed in all particulars.
Section 9. General Provisions
9.1 New Uses to be in Compliance
Within the area covered by this ordinance no structure
shall be hereafter erected, structurally altered, con-
verted, reconstructed, moved to or placed upon new
premises, nor shall.any structure or land be used
except in compliance with the provisions of this
ordinance.
9.2' Undersized Lots in Residential Districts
A residential structure may be erected in a residential
district on any lot which was a lot of record on the
effective date of this ordinance even if the lot does
not meet the area requirements of the applicable
district, provided:
9.2.1 that such lot does not abut upon one or
more unoccupied lots in the same ownership
in which case it shall be combined with said
lot, and
9.2.2 that water supply and sewage disposal facilitie4
for such lot are approved by the District
Health Officer, and
9.2.3 that yard requirements for the applicable
district are adhered to as closely as
possible in the determination of the Zoning
Officer.
9.3 Creation of Under Sized Lots
No land shall hereafter be subdivided so as to create
lots which cannot comply with the minimum area and
yard requirements of the appropriate district.
9.4 One Residential Building Per Lot
Only one principal residence building or mobile home
shall be built or installed on each lot in residential
districts.
9.5 Health Officer Approval of Water Supply and sewage
Disposal Facilities
The Zonin7 Officer shall not issue a zoning permit
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for any use, building, or purpose without written
approval of any and all needed or proposed water
supply and sewage disposal facilities from the
District Health Office. Issuance and use of zoning
permits shall be subject to all terms and qualifications
imposed by the District Health Officer and copies of
all approvals, terms and qualifications shall be kept
on file in the Zoning Office.
9.6 Nuisances and Hazards
In no case shall any - permitted non - residential ugh
conduct operations resulting in noise, smoke, odors,
glare, vibration, dust, gases, electrical or other
radiation, or other characteristic Qf a type and to
an extent which would create a nuisance or a hazard
for adjacent.or neighboring properties.
Section 10. Non-Conforming Uses
On the effective date of this ordinance.or amendments to it some
existing uses of land or buildings will not conform to the pro-
visions of this ordinance. Such uses are called non- conforming
uses.
10.1. Non - Conforming Buildings-
Any non - Conforming building may be continued in that
use, and may be expanded by no more than 508 of the'
floor area in existence on the effective date of
this ordinance or amendments to it.
10.2 Non- Conforming Uses Of Land
Uses of land which do not conform to the requirements
of this ordinance or amendments to it may not be ex-
panded except as permitted in Section B and Section 9
of this ordinance.
Section 11. Administration
11.1 Creation of the Orange County Zoning Office
The Orange County Zoning Office and the position of
Orange County Zoning Officer are hereby created.,
11.2 Powers and Duties of the orange County Zoning Officer
The Zoning Officer is hereby authorized and it shall
be his duty to enforce the provision of this
ordinance exactly as written. The Zoning Officer
shall have no powers of interpretation or.,for the
granting of exceptions Or variances. In any rase
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of doubt as to the legality of a request for a Zoning .
Permit the Zoning Officer shall deny the request.
Appeal from decisions of the Zoning Officer may be
made, to the Board of Adjustment.
11.3 Zoning Permit
11.3.1
No building, structure or part thereof designed
or intended to be used for other then farm
purposes shall be erected or structurally
altered, nor shall a mobile home be located
or relocated on a lot or apace other than in
a mobile home park, nor sball any mobile home,
regardless of location, be structurally
altered or accessory added thereto, nor shell
any excavation or other land preparation be
commenced nor shall any sign be erected, re-
placed or repaired, nor shall land be used
for non -farm purposes until a Zoning Permit
therefor has been issued by the Zoning
Officer.
11.3.2
Each application for a Zoning Permit shall
include a plat in duplicate, drawn to a suitable
scale, showing accurate dimensions of the lot
to be used, accurate location and dimensions
of the structure or mobile home to be erected,
located, or altered and such other information
necessary for the enforcement of this ordinance.
A statement of intended use of each lot,
structure or mobile home shall be filed with
each application. A careful record of all
applications and supporting information, to-
gather with the action token; shell be kept
in the Zoning Office.
11.4 Certificate
of Occupancy
11.4.1
After the effective date of this ordinance,
the use of no land or structure shall be changed,
nor shall any structure erected or altered
after said date be occupied or used until n'
Certificate of Occupancy shall have been issued
by the Zoning Officer. The Certificate of .
Occupancy, stating, that the changed land use or
completed structure complies with the provisions
of this ordinance, shall be applied for at the
same time as the Zoning Permit and shall be '
I ssued by the 'Zoning Officer within 10 days after
he shall determine compliance.
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Section 12. Board of Adjustment
12.1 Creation of the Hoard
A Board of Adjustment is hereby established. Such Board
shall consist of five (5.) members and two alternate
members, residents and citizens of Orange County, and
appointed by the Orange County Board of Commissioners.
The Vice- Chairman of the Orange County Planning Board
shall be ex- officio a member of the Board of Adjustment,
with full rights and privileges. Alternate members
shall vote only in the absence Of regular members and
shall serve in rotation. Members of the Board of
Adjustment will be appointed to terms of three (3) years,
except that the original Board shall be appointed to
serve terms as follows: one member.three (3) years, two i
members two (2) years each, and two.members one (1) year
each. One calendar year must elapse before any member
may be reappointed for a subsequent term of office.
Vacancies shall be filled as they.occur and to serve
for the expiration of the unexpired term. The members
of the Board of Adjustment shall receive no compensation
for their services, but shall be reimbursed for "out of
j pocket" expenditures made in connection with their
duties.
12.2 Rules of Procedure
i
The Board of Adjustment is a quasi - judicial administra-
tive body whose decisions affect private property rights
to the same extent as court decisions. For that reason
it shall promptly adopt rules of procedure which must
be regular and properly judicial, and its decisions must
be in accordance with the recognized body of law in its
field and its rules of procedure. To comply with
statutory and case law, at least the following provisions
must be included:
! 12.2.1 The Board shall•fix the time within which
notices of appeal from the zoning Officer's
1 decision must be filed by.the property
owner.
12.2.2 The Board shall make provisions for the giving
of notice prior to hearing.the appeal.
12.2.3 The Board shall fix a ressonable'time within
which the appeal must be heard.
I .
12.2.4.. The quorum for the purpose of hearing cases
shall be not less than four members.
12.2.5 The concurring vote of not less than four
members shall be necessary tot
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12.2.5.1 Reverse any order, requirement, de-
cision Or determination of the
Zoning Officer.
12.2.5.2 Authorize an exceptional,use per -
mitted by this ordinance.
12.2.5.3 Grant a variance from the literal
terms of this ordinance.
12.2.6
The Hoard shall fix a reasonable time within
which said reversals, exceptions, and
variances must be decided.
12.2.7
The Board shall deny any application for a re-
hearing if there is no substantial change in
facts, evidence, or conditions.
12.2.8
The Board shall keep a complete set of Minutes
and records showing the evidence presented,
the Board's findings of fact, and the Board's
decision on each case heard by the Board.
12.2.9
The Board shall in all particulars comply with
the formal requirements set forth in its rules.
12.3 Powers and Duties
12.3.1
General
The Board of Adjustment is not a legislative
body. It shall enforce the meaning and the
spirit of this ordinance as enacted by the
Board of County Commissioners. Where con-
sistent injustice appears to result from the
provisions of this ordinance, it shall be the
duty of the Board of Adjustment to recommend
to the Board of County Commissioners that the
ordinance be amended. The Board of Adjustment
shall make no decisions which will have the
cumulative effect of ommonding this ordinance.
The Board of Adjustment shall have the
-
following powers and duties:
12.3.2
Interpretation
The Board of Adjustment shall have the power
to hear appeals from the Zoning Officer's
decisions in matters of the inteimetation of
the zoning ordinance. The Board's power of
interpretation shall consist of determining
the true facts in a case and applying to these
facts what the Board considers to be the
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17 -
meaning of the ordinance. In the exercise of
this power the Board must apply, not vary, the
terms of this ordinance,•and no, showing of
hardship is required. Any variation must
meet the requirements for a variance as set
forth.in Section 12.3.3 of this ordinance.
12.3.3 Variances
The Hoard is to make decisions regarding the
granting of "Variances" from the literal
terms of the ordinance in hardship cases -
where such variances will not subvert the
meaning and spirit of this ordinance, The
Board of Adjustment shall not•grant a variance
from the literal terms of this ordinance except
in cases where each and all of the following
shall be determined:
12.3.3.1 There are practical difficulties
or unnecessary hardships in the way
of carrying out the ordinance, where
the property owner shall prove•(a) that
if.he complies with the provisions of
the ordinance, he can secure no-
reasonable return from, or make no
reasonable use of his property; — -
(b) that the hardship results from
the application of the ordinance;
(c) that the hardship is suffered
directly by the property in question,
and is not merely a general need such
as a lack of desirable developments or
arrangements in the surrounding area;
(d) that the hardship is peculiar to
the applicant's property; (e) that the
hardship is not the result of the
applicant's own actions.
12.3.3.2 The variance is in harmony with the
general purpose and intent of the
ordinance; and preserves its spirit.
The Board shall grant no variance which
would permit any use OT-land or build-
ings prohibited by any other.section
of this ordinante. Only variances in
setback, lot area, yard and other
dimensional requirements are permitted.
12.3.3.3 In the granting of the variance the-
public safety and welfare are assured,
substantial justice is done both to
the applicant property owners the
owners . of adjacent properties,• and the
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best interests of the public as a
whole are preserved.
12.3.4 Exceptional Uses
Where a district boundary line divides a lot or
property.in single ownership at the time said
boundary line shall be determined, the board
shall have the power to permit a use authorized
on either portion of said lot or property to
extend not more than 150 feet from said
district boundary line. In the exercise of
this power the Board shall follow the language
of the ordinance exactly.
12.3.5 Conditions
In the issuance of a permit for a variance or
exception, the Board shall have the power to
impose any reasonable conditions on the permit
which will minimize the impact of the proposed
use of the property upon its neighbors and to
preserve the best interests of the public as a
whole.
Section 13. Amendment
13.1 Action by County Commissioners
This ordinancc may be amended by formal action of the
Board of Commissioners of orange County. Proposals to
amend, supplement, change, or repeal any of the
regulations contained herein or the boundaries of the
areas to which these regulations apply may be
initiated by the Board of Commissioners, by the Orange
County Planning Board, Board of Adjustment, or by
petition of any interested person. All such proposals
shall be referred to the Planning.Board for its con-
sideration and recommendation. In no case shall final
action be taken to amend this ordinance until a duly
advertised public hearing is held.
13.2 Amendment Procedure
13.2.1 Any amendment petition shall be submitted to
the Zoning Officer in writing and in complete
detail at least-20 days prior to the regular
public hearings provided in Section 13.2.2.
13.2.2 The Board of Commissioners and the Planning
Board shall hold joint quarterly public hearings
on any proposed amendments to this ordinance,
advertising said hearings once a week for two
consecutive weeks prior to each hearing in a
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newspaper of general circulation in the appro-
priate portion of the County, before taking
action concerning proposed amendments.
13.2.3 The Zoning Officer shall post on any
affected property a notice of the public
hearing at least 10 days prior to the date
of said hearing.
13.2.4 The Planning Board shall submit its
recommendations on any proposed amendments to
the Board of Commissioners within 30 days after
such amendments have been referred to the
Planning Board for its consideration. Failure
to do so shall constitute a favorable
recommendation.
13.2.5 If a petition for an amendment to this ordinance
be denied, a period of one calendar year must
.elapse before said petition may be resubmitted.
Section 14. Violations and Penalties
14.1 Anv_ person, firm, or corporation violating any provision
of this ordinance shall be guilty of a misdemeanor.
14.2 Where any.building or structure exists, is proposed to
be erected, constructed, reconstructed, altered, main-
tained, or used, or any land is used or is proposed to be
used in violation of this ordinance, the Board of
Commissioners may, in addition to other remedies provided
by law, institute injunction,mandamus, abatement, or
other appropriate action or actions, proceeding or prb-
ceedings to prevent, enjoin, abate, or remove such un-
lawful erection, construction, reconstruction, alteration,
maintenance, or use.
Section 15. Legal Status
15.1 Conflict with Other Provisions of Law
It is not intended that'this ordinance shall repeal,
abrogate, annul, impair or interfere with any
existing provisions of laws, regulations, easements,
covenants or other ordinances or agreements between
parties, provided that where this ordinance imposes a
greater restriction on the location or use of structures,
premises, or lands than are imposed or required by said
provisions or agreements, the provisions of this ordinance
shall control.
15.2 -Validity
If any section, provision, clause, or portion of this
.5,41
MPTIM
ordinance shall be held to be invalid or unconstitutional
by any court of competent jurisdiction, such holding
shall not affect any other section, provision,'clause
or portion of this ordinance which is not of itself held
to be invalid or unconstitutional.
Section 16. Definitions
This section lists important words used in this ordinance and de-
fines them for purposes of this ordinance.
Words used in the present tense shall be understood to include the
future tense. wards used in the singular shall be understood to
include the plural.
Building. A structure having a roof supported by columns or walls
oar the shelter, support or enclosure of persons, animals, or
chattels. Each portion of a building separated by division walls
from ground up without openings shall be considered a separate
building.
Class 'A" Service Stations: Automobile service stations which pro -
viae a full range of customer conveniences and services, including
two or more bays and personnel for washing, lubricating, repairing,
with such services conducted only in3ide the station, and which
provide parking on the premises for customers' and employees'
vehicles only.
Customar�Home Occupation: An occupation for gain or support con-
ducted by members of a family with no more than one non - family
employee within a residential building provided that no article -
or service is sold, offered for sale or performed except by the
family or its employee and provided that all articles are produced
in the residential building, and provided that no display of said
articles shall be visible from a main traveled roadway.
Dwellin Unit: One or more rooms in a single building designed to
ne
house o .amily or household.
Lot: A parcel of land which fronts on a public right -of -way and
ingress and egress by means thereof and which is occupied or
intended to be occupied by a building or buildings, together with
the customary accessories and required open space belonging to them.
Lot Depth: The shortest perpendicular distance from the front to
the rear lot line shall be the lot depth.
Lot of Record: A lot, the boundaries of which are filed as a
legal record in the office of the Register of Deeds of Orange
County.
Main Traveled Roadwa : A traveled portion of a road, street, or
highway right-of-way owned, constructed, or maintained in whole
or in part by federal, state, county, or municipal governments
ti
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and used for; through or service traffic, except that the through
traffic roadway on either side of .a divided highway is a main
traveled roadway and parallel service roads within the same zight-
of -way are not.
Mobile Home: Any trailer or other portable or movable residential
living unit, whether self - propelled or propelled by other means,
which is designed for year -round occupancy.
Mobile Home Park: Any premises used or intended to be used or
occupie by two or more mobile homes remaining on said premises
for a longer period than thirty days, when any of said mobile
'homes have been occupied by_ persons other than a sales or rental
agent or agents.
Mobile Home S ace: A parcel of land occupied or intended to be
occupie by one and only one mobile home, and for the exclusive
use of the occupants of said mobile home.
Premises: A lot and the structure located on it.
Public and Semi - Public Suildin s and Institutions: Non - commercial
places of public assembly or quartering, such as religious inati-
tutions, lodges, Grange halls, parks, playgrounds and hospitals.
Setback Line: A line measured across the full width or length of
a lot or parcel of land parallel to the center lines or right -of-
way lines of abutting main traveled roadways. The perpendicular
distance between said setback line and said center or right -cf-
way lines shall be the "setback" required by this ordinance.. .
Side Yard: The shortest distance between the nearest line of any
structure on the lot or parcel and the nearest lot line of the lot
or parcel, measured parallel to the setback line, shall.be the -
side yard required by this ordinance.
Simo�n__: Any words, lettering, parts of letters, pictures, numerals,
gases, sentences, emblems, devices, trade names or marks by
which anything is made known in a visible form used to attract
attention from any public roadway.
Sign, General Purpose Advertisin ol or Billboard: Any sign, strut+
tune, bulletin, poster, or symb erected, posted, painted,
affixed, or maintained for sale or rental for profit of.space
thereon to manufacturing, service, politibal or commercial enter -
prises or other activities not conducted on the premises whereon.
said sign is displayed.
Sin Identification and Occu an : Any.sign, symbol,. trademark,. -
structure or similar ev ca displayed on a premise to inform the
public regarding the occupants or activities conducted on, or -
products available at said premises. .
54:3
vi
Minutes of the February 6, 1967 meeting continued
The Commissioners returned to the Commissioners room.
563
Tom Ward, Welfare Director, and the County Administrator presented their report
on the approximate cost of a building to house the Welfare Department. Mr. Gattis
presented a breakdown of cost showing the County's share, the State Welfare Boards
share and the interest rate on the proposed $150,000.00 building.
Upon motion of Commissioner Ray, seconded by Commissioner Walker, and
unanimously adopted, the County Attorney and the County Administrator were authori
to proceed with the necessary application to the Local Government Commission in
order that the necessary first stage of the proposed Welfare Building Bond Issue
might be in readiness for further action from the Board.
Jefferson Strickland, Community Coordinator, reported to the Board the efforts
being made by the Fairview neighborhood organization. He stated that this group
was a volunteer self help neighborhood improvement organization and requested the
endorsement of the Commissioners for the efforts of said neighborhood project.
The Board informed Mr. Strickland of their endorsement of this type of self help
groups and thanked him for his effort.
Dr. Hubert Patterson, Medical Examiner, presented his annual report. Said
report showed that there had been a total of 145 cases examined during the past year
and that of this number 68 were Orange County residents and 77 were residents of
other counties. Dr. Patterson informed the group that Dr. Marion Roberts of
Hillsborough had agreed to assist with the medical examiners program.
Upon motion of Commissioner Smith, seconded by Commissioner Walker, the follo
resolution was unanimously adopted.
RESOLUTION CONCERNING N. C. HIGHWAY #54
"WHEREAS, the section of N. C. Highway #54 between Chapel Hill and Raleigh is a
most important link of our entire road system, serving as it does the University of
North Carolina at Chapel Hill and the citizens of this community as well as North
Carolina State University and our State Capital at Raleigh, furnishing them access
and transportation facilities between each other and also the Research Triangle whicl
was developed with the plan of.utilizing facilities of both Universities; and
WHEREAS, the State Highway Commission for many years has publicly acknowledged
that N. C. Highway 054 was entirely inadequate for the volume of traffic which it is
forced to carry. This volume of traffic is increasing each year and now constitutes
a menace to the safety and well -being of those who are compelled to use this facilit
NOW, THEREFORE, BE IT RESOLVED that the North Carolina Highway Commission be
urged to expedite the improvements and reconstruction of sections of this road, whic
have been in the planning stages for several years. That the entire section of N. C
Highway #54 between Chapel Hill and Raleigh be improved at the earliest possible
time so as to make this road capable of carrying the traffic load now passing over
same.
That a copy of this resolution be sent to Honorable Joseph Hunt, Chairman of t
North Carolina Highway Commission, Raleigh, North Carolina, and to Honorable Thomas
Harrington and Honorable J. B. Brame, Members of the State Highway Commission."
Dalton Loftin, Attorney, requested that. the State Highway Commission maintain
roads in Colonial Hills and Colonial Park. Mr. Loftin stated that a petition for
these roads had been presented. The clerk was requested to make inquiry of the
State Highway Commission concerning the status of the roads in said developments.
Col. Thomas J. Spiller, Chapel Hill Civil Defense Director, submitted a
proposed five year civil defense program and budget to the Board for their cons
No action was taken on said report.
Upon motion of Commissioner Smith, seconded by Commissioner Ward, and unanimous
adopted, George Watts Hill, Jr. and Pearson Stewart were appointed as members of
the Health Planning Council of North Carolina for terms of two years and said term
expiring on June 18, 1969.
Chairman Sennett presented the following letter from J. D. Jones, Jr., Manager,
Village Laundry & Cleaners,.Inc., Carrboro, North Carolina.
"We purchased some property from Sun Oil Company in May, 1966, Tract #6439. Af
paying the balance due on this property Nov. 300 1966, I note there is $515.00 perso
property value on this property. This is a vacant lot on the corner of Main and
Greensboro streets.
I spoke to Mr. Gattis about this tax charge, and he suggested that I apply to
the Board of County Commissioners for a refund or credit for the amount of tax paid
on personal property."
This request was denied.
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564
Chairman Bennett presented a letter from the Alamance Orange Water Company
requesting legislation on the right of eminent domain for water companies. It was
agreed that this matter would be discussed further with the County's representativ
to the General Assembly.
Chairman Bennett presented a letter from the State Director of Public Health.
Said letter was relative to the increased financial support to .local health functi
by the State Health Department. The letter requested the Commissioners to support
the proposed legislation by contacting the County's representatives to the General
Assembly. It was agreed by the Board to discuss this matter at its meeting with .
the County's representatives to the General Assembly.
Discussion ensued concerning the proposed four cents (40) local option sales
tax. It was agreed that this matter would be discussed later with the County's
representatives to the General Assembly.
The County Administrator presented two contracts, which had been approved by
the County Attorney, regarding the development of Lake Orange and the Water Sewer
System in the new industrial area located near the Town of Mebane.
Upon motion of Commissioner Smith, seconded by Commissioner Walker, and
unanimously adopted, the contract between Orange County and Thomas D. Rose, Engi
relative to the professional services of Lake Orange were accepted and approved.
"STATE OF NORTH CAROLINA
COUNTY OF ORANGE
This agreement made and entered into this the 6th day of February, 1967,
by and between the Board of Commissioners of Orange County, North Carolina, herein-
after termed the Owner, and Thomas D. Rose, Chapel Hill, North Carolina, hereinafte
termed the Engineer;
WITNESSETH; that whereas the Owner intends to construct a dam, with the
necessary facilities, to impound a lake to be known as Lake Orange, hereinafter
termed the Work;
Now, THEREFORE, the Owner and the Engineer, for and in consideration of
matters and things hereinafter set forth, do hereby agree as follows:
The Engineer agrees to perform for the above -named Work professional
services as hereinafter set forth.
The Owner agrees to pay the Engineer for such services a fee of six and
one -half per cent (6.5 %) of the cost of the Work, with other payments as provided
herein, the said percentage hereinafter termed the Basic Rate.
The parties hereto agree to the following terms and conditions:
1. Engineer's Services shall consist of the following:
(a) Preliminary studies and preliminary report.
(b) Preparation of plans and specifications for the Work.
(c) Preparation of estimated cost of the Work.
(d) Preparation of proposals, contracts, bonds, etc., and assistance
in the awarding of contracts.
(e) Furnishing of general supervision of construction.
(f) Preparation of monthly estimates for payments to the Contractor.
2. Extra Services: If the Engineer is caused to do extra drawing or otk
expense due to changes ordered by the Owner, or due to delays or insolvency of the
Contractor, the Engineer shall be paid equitably for such extra expense or service.
3. Payment: Payment to the Engineer on account of the fee shall be made
as follows:
(a) Upon completion of item la, a sum equal to five per cent (5 %) of
Basic Rate computed upon a reasonable extimated cost of'the work.
(b) Upon completion if items la, lb, lc and ld, a sum equal to fifty
per cent (50 %) of the Basic Rate, computed upon a reasonable
estimated cost of the Work, or if bids have been received, then
computed upon the lowest bonafide bid or bids.
(c) From time to time during the construction of the Work and in
proportion to the amount of service rendered by the Engineer,
payment shall be made on account of the Basic Rate fee until the
aggregate of all payments made shall equal the total fee computed
upon the final cost of the Work.
4. Ownership of Documents: Drawings and specifications as instruments
service are the property of the Engineer, whether the work for which they are made
be executed or not, and are not to be used on other work except by agreement with
the Engineer.
- --
IN WITNESS WHEREOF, the said Board of Commissioners of Orange County,
North Carolina, has caused this instrument to be executed in its behalf by.its
Chairman, attested by its Secreaary, and its Corporate Seal attached hereto, all by
authority of a resolution duly passed by the Said Board of Commissioners, and the
said Thomas D. Rose has hereunto set his hand and seal, all as of the day and year
first above written.
Attest:
/s/ Betty June Hayes
Secretary
Approved as to legal form.
/s/ A. H. Graham
County Attorney
Board of Commissioners
of Orange County, N. C.
By: s s H..D. Bennett
Chairman
Thomas D. Rose, Engineer
By: s/s Thos. D. Rose
Upon motion of Commissioner Ward, seconded by Commissioner Ray, and unanimously
adopted the contract between Orange County and Alley, Williams, Carmen & King, Inc.
relative to the construction of the Water Sewer System was accepted and approved.
"NORTH CAROLINA
ORANGE COUNTY
THIS AGREEMENT, made at Hillsborough, North Carolina, this 3rd day of January,
1967, by.and between ORANGE COUNTY, North Carolina, hereinafter called the Owner,
and ALLEY, WILLIAMS, CARMEN, & KING, INC., of Burlington, North Carolina, hereinaft
called the Engineer.
WITNESSETH: WHEREAS, the Owner proposes to construct certain water and sewer
improvements to serve a proposed industrial park east of Mebane, N. C., hereinafter
called the Work, and desires the services of the Engineer.
NOW, THEREFORE, the Owner and the Engineer, for the considerations hereinafter
named, agree as follows:
The Engineer agrees to furnish for the above named work, Professional Services
as hereinafter enumerated in Sections A and B.
The Owner agrees to pay the Engineer the fees for Professional Services plus
Reimbursements and Charges as hereinafter stipulated in Sections A and B.
The parties hereto further agree to the conditions set forth in Sections A, B,
and C.
SECTION A - DESIGN SERVICES
A -1. The Engineer's Professional Services.
a. The Engineer's Professional Services consist of the necessary conferences,
studies, sketch plans, surveys incident to the preparation of final.plans (does
not include surveys required for acquisitions of lands and rights -of -way), fins.
plans (working drawings), specifications and bidding information, acting as
agent for the Owner in obtaining proposals for the construction of the work
called for by the;-plans and specifications.j • recommend'.tions.concerning the
awarding of the contracts, services during construction of the work and the
issuance of certificates of payment.
b. Assist the Owner in obtaining approval of any Federal, State or local
agencies having jurisdiction over any part of the work.
c. When requested to do so, the Engineer will furnish preliminary estimates of
the probable cost of the work. These estimates will be based on the judgment a;
experience of the Engineer, but they are not to be construed as guarantees of a
A. During the construction period the Engineer will check shop drawings, sampl.
etc., submitted by the contractor; prepare supplemental drawings to clarify con•
tract drawings; appraise tests; check and issue change orders; and make an insp
tion and report on completion of the entire contract work by the contractor.
A -2 The Owner's Duties.
a. The Owner will furnish the Engineer with a complete and accurate survey of
any lands and rights -of -way needed in connection with the work.
b. The Owner shall give thorough consideration to all sketches, drawings, spec
Tications, proposals, contracts and other documents submitted by the Engineers,
and shall inform the Engineer promptly of his decision.
c. The Owner shall provide and pay for all borings and test pits, and chemical
mechanical, structural or other tests or laboratory services, with the advice o
the Engineer.
)6b
d. The Owner shall pay for all costs incurred by the Engineer in the printing of
the final plans and specifications.
A -3. The_Engineer's`Fee end Terms of�Payment.
&. The Owner agrees to pay the Engineer for his professional Services rendered
under Division A -1 of this contract a fee based on 6.0 percentage of the cost
of the work. -
b. Payments to the Engineer on account of his fee for professional services,
computed on the basis of a percentage of the cost of the work, shall be made
as follows:
(1) 90 percent of the estimated total fee, representing services rendered to
the time when drawings and specifications are ready for the contractors,
shell be billed in monthly installments based on the amount of Engineers+
work completed each month. The final monthly billing under this
Paragraph will be adjusted to the estimated total fee based on estimates
of cost determined from completed drawings and specifications.
(2) The balance of the total fee shall be payable in monthly installments
during the period of construction until the aggregate of all payments
made on account of the fee under this paragraph shall be equal to the
fee for design services based on a percentage of the cost of the work.
c. Payments on account of the Engineers fee, reimbursements and charges shall
not be withheld on account of any defects in the work or deficiencies on the
part of the contractors, and no deductions shall be made therefrom on account
of penalty, liquidated damages, or other sums withheld from payments to the
contractors, or to cover the cost of work not specified but which the Owner
may consider necessary or desirable.
A-4. S ecial Services and Charges Therefor.
a. The Engineer shall be equitably paid, for services rendered and expenses in-
curred if he is required to render services in connection with the following:
(1) If after a definite scheme (as shown by the sketch plans) has been appro
by the Owner, the Owner makes a decision which requires changes in drawi
specifications, or other documents.
(2) If the Engineer furnishes labor or incurs expense because of delays caus
by the Owner, or the delinquency or insolvency of either Owner or contra
tors, or damages by fire.
(j) If after a definite schedule of project work shall be agreed upon betweeri
the Owner and the Engineer, it should become necessary to materially
change the scope of the project, the fee established in paragraph A -3
shall be modified to reflect the changed scope.
(4) If the Owner requires the ngineer in a written order, to provide alter
nate designs, drawings and/or specifications.
(5) Right -of -way and property line surveys required for the acquisition of
lands end rights -of -way.
b. The basis for compensation for the above special services shell be as follows:
(1) Where the Services are rendered by the Engineer or his staff, the Engi-
neer's direct payroll cost and any other direct cost multiplied by the
factor or 2 - 112.
(2) Where services are rendered outside the Engineer's organization, the cos
multiplied by the factor of l - 1/2.
C. Should any litigation require that the Engineer furnish his services for arbi
trstion or court proceedings, he shall be compensated at the rate of $120.00
per diem plus travel, subsistence, telephone and telegraph expense incurred
in connection with such litigation.
A -5. Definition of Coat of the Work.
a. The cost of the work as applied in this agreement shell mean the total cost of
the work for which the Engineer prop *ides drawings and /or specifications or fo
which he furnishes services during the construction period, including witboult
limitation the cost of materials, equipment and labor used in construction of
Project whether furnished by the contractor or Owner, but excluding the cost or
land, right -of -way, engineering services under this agreement, legal expense sa
accountin or financing expense incurred by the Owner. If the Owner furnishes
labor and or materials, the current market value of such labor and materials
be used. No deduction shall be made from the Engineers compensation on acco
of penalty, liquidated damages or other sums withheld from payments to contra
3d
3s,
he
d
b. If the work for which design services are rendered is not fully included in
construction contracts, then the cost of uncompleted portion of the work steal
estimated and included with the construction contract amounts to arrive at th
"Cost of the Work ". The proportionate part of the fee stipulated in paregrep
A -3 (b) (2) shall be deducted for the uncompleted part of the work.
SECTION B - INSPECTION SERVICES DURING CONSTRUCTION
B -1, Ina ection During Construction.
s. The Engineer, until the completion of the work, will provide an inspector
or inspectors to serve as the authorized representative of the Engineer on th
work. The inspector's functions will include the laying out of the work for
contractors, the interpretation of the drawings, specifications and contracts
the judging of performance of the contractor with regard to quantity, quality
fitness and rate of progress of the work; and such other.duties as may be
assigned to him by the Engineer or as may be set forth in the contract docume
executed between the contractor, or contractors, and the Owner.
b. The Owner shall pay the Engineer for inspection services during construction
a fee based on 1.0 percentage of the cost of the work.
c. Payments to the Engineer on account of his inspection services during con-
struction shall be payable in monthly installments during the period of cons
tion.
SECTION C - GENERAL CONSIDERATIONS
C -l. Res onsibilit . The Engineer will endeavor to guard the Owner against def
an a scienciea in the work of the contractors but does not gyiarentee the
performance of their contracts, nor assume any responsibility thereunder.
C -2. Ownershi of Documents. Sketch plans, drawings and Specifications are
nstrumen s of service and shall always remain the property of the Engineer.
CC =3. Termination of Contract or Suspension of Work. If this contract is terming
by e caner, or if any wor'Ef designed or specified by the Engineer is abandon
or is suspended for a period of 180 or more days, at any time during the peri
of the Engineer's services, the Engineer shall be paid for professional servi
rendered to the date of termination, and on the work abandoned or suspended.
C -LL Definition of Engineer'a Costs.
a. Direct costs include the salaries of principals and employees engaged on the
project (as engineers, architects, designers, draftsmen, specification writer
inspectors and secretaries) in consultation;.research; designing; producing d
ings, specifications and other documents pertaining to the project; inspectin
construction of the project.
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b. Overhead coat includes that of principals and employees (as managers, stenog-
rappers, bookkeepers, telephone operators, and similar classifications,) in w k
not directly pertaining to the project; F.I,C.A, contributions; employee and
liability insurance; vacation and sick leave allowances; rent; utilities; off' a
supplies; and miscellaneous office expense. .
C -5. Suaaesao -rs -and Assignments. The Owner and the Engineer, eeoh binds himself,
his successors, legs representatives, and assigns to the other party to this
agreement, and to the successors, legal representatives and assigns of such other
party in respect of all covenants of this agreement. Except as above, neithe
the Owner nor the Engineer shall assign, sublet or transfer his interest in t 's
agreement without written consent of the other,
C -6. Arbitration. All questions in dispute under this agreement shall be submit
to one ar i rator for settlement, otherwise the controversy or claim shall be
settled by arbitration in accordance with the rules then obtaining of the
American Arbitration Association and the decision rendered shall be final and
binding upon the parties hereto.
. .
C -7. Other Provisions.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and
year first above written.
ALLEY, WILLIAMS, CARMEN, & KING, INC.
BOARD OF COMMISSIONERS,
ORANGE COUNTY /s /L. A. Alle
real en
/s/ R. D. Bennett
airman /s /Herbert A. Carmen -
s/ Bett June Hayes ea
SEALS SEAL / I.
Upon motion of Commissioner Walker, seconded by Commissioner Smith, and
unanimously adopted D. T. Clayton was designated as the zoning officer.
Upon motion of Commissioner Ward, seconded by Commissioner Walker, it was moved
that Marshall Smith be appointed as Judge of the Orange County Recorder's Court for a
term of two (2) years expiring on the first Monday in December, 1968, and that F.
Lloyd Noell be appointed as Solicitor of the Orange County Recorders Court for e
term of two (2) years expiring on the first Monday in December, 1968. Chairman
Bennett celled for a vote. There were 3 ayes and 1 nay. Chairman Bennett declared the
motion carried.
Upon motion of Commissioner Ward, seconded by Commissioner Walker, it was moved
and unanimously adopted that A. H. Graham, Sr. be appointed as Vice Recorder of the
Orange County Recorders Court for a term of two (2) years expiring on the first
Monday in December, 1968.
There being no further business to come before the board said meeting was adjou
Betty June Hayes, Clerk
S. M. Gattis, Acting Clerk
Harvey D. Bennett
Chairman
MINUTES OF THE ORANGE COUNTY
BOARD OF COMMISSIONERS
February 22, 1967
The Board of Commissioners of Orange County met in joint session at the Pines
Restaurant in Chapel Hill, North Carolina at 6:45 P.M. on Wednesday, February 22,
1967.
Members Present: Chairman Harvey D. Bennett, Commissioners, Carl M. Smith,
William C. Ray, Henry S. Walker and Ira A. Ward
Members Absent: None
Also present were representatives from the District Board of Health.
This meeting was held for the purpose of hearing proposals developed by the UNC
Medical School Department of Psychology concerning new methods and approaches for the
care of the mentally ill. These proposals stated in essence that the treatment of
the mentally ill in the home and less treatment at State institutions would be .
advantageous to the patients. It was estimated that two or three counties could
contract with the UNC School of Medicine to have certain services rendered to the
mentally ill patients for an annual cost of $10,000.00 not including Federal and
State funds. The represented department of the University requested that each
county consider the proposals presented and if the county desired additional
information concerning•theL proposed plan-for-the treatment of the - mentally ill, same
could be examined at a later date.
There being no further business to come before the Board said meeting was
adjourned.
Harvey A.- Bennett
Chairman
Betty June Hayes, Clerk
S. M. Gattis, Acting Clerk
•1
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