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HomeMy Public PortalAbout06-13-22 Agenda Regular Meeting101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov BOARD OF COMMISSIONERS AGENDA | 1 of 2 Agenda Board of Commissioners Regular meeting 7 p.m. June 13, 2022 Board Meeting Room of Town Hall Annex, 105 E. Corbin St. Please use the bookmark feature to navigate and view the item attachments. 1.Public charge The Hillsborough Board of Commissioners pledges to the community of Hillsborough its respect. The board asks community members to conduct themselves in a respectful, courteous manner with the board and with fellow community members. At any time should any member of the board or attendee fail to observe this public charge, the mayor or the mayor’s designee will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the mayor or the mayor’s designee will recess the meeting until such time that a genuine commitment to this public charge is observed. 2.Audience comments not related to the printed agenda 3.Agenda changes and approval 4.Items for decision ― consent agenda A.Minutes 1.Regular meeting May 9, 2022 2.Regular meeting closed session May 9, 2022 3.Joint public hearing April 21, 2022 4.Budget work session May 23, 2022 B.Miscellaneous budget amendments and transfers C.Hillsborough Tourism Board FY2022-23 Budget Ordinance D.Hillsborough Tourism Development Authority FY2022-23 Budget Ordinance E.Fire Station capital project ordinance and associated budget amendments F.Fiber Loop capital project ordinance amendment and associated budget amendments G.Membership Agreement for Clean Water Education Partnership (CWEP) Services H.FY23 HOME Annual Action Plan and annual funding allocation I.Memorandum of Understanding for the operation of the Partnership to End Homelessness J.Updated Street Standards document K.Ordinance amending Town Code Chapter 11 to update solid waste collection requirements L.Ordinance amending Town Code Section 14-48 regarding water and sewer connections M.Consistency statement and ordinance to amend the Unified Development Ordinance Code Enforcement Chapter N.National Pollinator Week 2022 Proclamation O.Proclamation Commemorating Juneteenth Independence Day P.Resolution appointing town manager as finance officer and designating bank depository signatories 5.Items for decision ― regular agenda A.Consistency statement and ordinance to amend the UDO to allow the use gallery/museum in the Agricultural Residential zoning district BOARD OF COMMISSIONERS AGENDA | 2 of 2 B.Consistency statement and ordinance to amend the Zoning Map and Future Land Use plan for the CASA at Collins Ridge project C.Consistency statement and ordinance to amend the Zoning Map and Future Land Use plan for 1700 N.C. 86 South D.Petition to relocate/remove a public bench at 122 S. Churton Street E.FY2022-23 Annual Budget and Financial Plan F.Hot topics for work session June 27, 2022 6.Updates A.Board members B.Town manager C.Staff (written reports in agenda packet) 7.Closed session A.Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney to preserve the attorney-client privilege (potential litigation) 8.Adjournment Interpreter services or special sound equipment for compliance with the American with Disabilities Act is available on request. If you are disabled and need assistance with reasonable accommodations, call the Town Clerk’s Office at 919-296-9443 a minimum of one business day in advance of the meeting. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Clerk Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Town Clerk Sarah Kimrey ITEM TO BE CONSIDERED Subject: Minutes Attachments: 1.Regular meeting May 9, 2022 2.Regular meeting closed session May 9, 2022 3.Joint public hearing April 21, 2022 4.Budget work session May 23, 2022 Brief summary: None. Action requested: Approve minutes of the Board of Commissioners regular meeting May 9, 2022, closed session May 9, 2022, joint public hearing May 19, 2022 and budget work session May 23, 2022. ISSUE OVERVIEW Background information and issue summary: None. Financial impacts: None. Staff recommendation and comments: Approve minutes as presented. For clerk’s use AGENDA ITEM: 4.A Consent agenda Regular agenda Closed session 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov BOARD OF COMMISSIONERS MINUTES | 1 of 4 Minutes Board of Commissioners Regular meeting 7 p.m. May 9, 2022 Board Meeting Room of Town Hall Annex, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Staff: Budget Director Emily Bradford, Planning and Economic Development Manager Shannan Campbell, Administrative Services Director Jen Della Valle, Police Chief Duane Hampton, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Finance Director Tiffany Long, Town Manager Eric Peterson, Communications Specialist Cheryl Sadgrove, Utilities Director Marie Strandwitz, Public Space and Sustainability Manager Stephanie Trueblood and Police Lieutenant Chip White Opening of the meeting Mayor Jenn Weaver called the meeting to order at 7:01 p.m. 1. Public charge Weaver did not read the public charge. 2. Audience comments not related to the printed agenda Audience guest speaker: Oliver Fowler, resident of Lakeshore Drive Fowler introduced himself as a new resident interested in learning more about the town government. He said there was a need for more sidewalks for people to safely walk to bus stops and other destinations. 3. Agenda changes and approval Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Evelyn Lloyd seconded. Vote: 4-0. Nays: None. Absent: Commissioner Matt Hughes Hughes joined the meeting at 7:04 p.m. 4. Presentations A. Proclamation – Hedgehogs Day Weaver read a proclamation in recognition of the Hedgehogs robotics team, which includes almost 40 students from Orange and Cedar Ridge high schools. The team built a robot and won the FIRST North Carolina State Championship (FIRST — For Inspiration and Recognition in Science and Technology). B. Proclamation – Police Week and Peace Officers’ Memorial Day The mayor also read a proclamation declaring May 15 as Peace Officers Memorial Day and the week of May 15 as Police Week. May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 1 of 27 DRAFT BOARD OF COMMISSIONERS MINUTES | 2 of 4 C. Orange County Transit Plan Guest speaker: Caroline Dwyer, Renaissance Planning Revisions to the Orange County Transit Plan were presented by Dwyer, a consultant working on the update. It was noted that while most of the revisions will benefit Chapel Hill, the transit plan has included and continues to include improvements for Hillsborough, including bus shelters, a future TriangleGo park-and-ride lot, a train station, the Hillsborough circulator route and the reverse circulator route. D. Comprehensive Sustainability Plan Update and Public Outreach Plan Guest speaker: Candice Andre, VHB A brief Comprehensive Sustainability Plan outreach update was presented by a consultant. Candice Andre with VHB told the board she will be organizing summer pop-up events to give Hillsborough residents opportunities to give feedback on the draft plan goals as they become available. 5. Appointments Tourism Board — Reappointment of Cathleen Turner for a term ending May 9, 2024 Motion: Bell moved to approve the appointment. Ferguson seconded. Vote: 5-0. Nays: None. Absent: None. 6. Items for decision ― consent agenda A. Minutes 1. Regular meeting April 11, 2022 2. Regular meeting closed session April 11, 2022 3. Work session April 25, 2022 4. Work session closed session April 25, 2022 B. Miscellaneous budget amendments and transfers C. Fiscal Year 2022 Fee Schedule Amendments D. American Rescue Plan ordinance and budget amendments E. Water Treatment Plant Filters Repair/Rebuild project ordinance and budget amendments F. Special Event Permit: Fleet Feet BIGRUN5K G. Special Event Permit: Expedition School Field Day H. Ordinance to amend Town Code Section 14-57(b) regarding utilities extensions I. Proclamation – Memorial Day 2022 J. Information – legal description corrected in annexation ordinance for Valley Forge Road K. Ordinance to amend Town Code to add appendix 7B to establish right of way encroachment standards L. Authorization to discontinue franchise agreement for commercial solid waste collection Motion: Ferguson moved to approve all items on the consent agenda. Bell seconded. Vote: 5-0. Nays: None. Absent: None. 7. Items for decision ― regular agenda A. Letter of interest for contiguous annexation – Waterstone South Guest speakers: Dan Jewel, CJTPA and Eric Chuck, Capkov Ventures May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 2 of 27 DRAFT BOARD OF COMMISSIONERS MINUTES | 3 of 4 Planning and Economic Development Manager Shannan Campbell gave a brief overview of the interest in annexation. The developer has put together parcels for a total of more than 100 acres. There is some frontage on Waterstone Drive that would be contiguous annexation. There is also frontage on N.C. 86. Jewell noted that water and sewer service runs through the site. The Future Land Use Plan shows much of the land is designated Mixed Residential Neighborhood. A portion fronts Waterstone Drive and is zoned Entryway Special Use. A small portion is in the rural buffer. The developer’s ideas for the property include middle-income and affordable housing, a daycare, multi-family apartments, townhouses, a park, medical office and commercial alternatives. Chuck spoke with the board about other affordable housing CapKov Ventures has built as part of larger housing development in Chapel Hill. The developers have already started meeting with the primary builders of affordable housing in Orange County to determine capability with this proposal. The board expressed concern about the large size of the residential part of the project and interest in seeing more commercial development proposed before directing staff to move forward with a fiscal analysis. Mayor Weaver recessed the meeting at 8:55 p.m. Mayor Weaver reconvened the meeting at 9:00 p.m. B. Fiscal Year 2023 Manager’s Recommended Budget Presentation Town Manager Eric Peterson presented some highlights from the Fiscal Year 2023 Manager’s Recommended Budget, which will be available Friday on the town’s website and at the town clerk’s office. He said developing this year’s budget is challenging in part due to: • A late town audit (anticipated to be complete by the end of June). • The unknown status of significant water and sewer grants and loans. • Difficulty in projecting the timing and amount of System Development Fee revenues from new development for water and sewer connections. • The unknown cost of implementing recommendations from a compensation and classification pay study to remain competitive in the market. • Significant inflation and skyrocketing construction costs. Peterson said no increase is expected for the property tax rate or stormwater fees. Utility rates are expected to rise 4.5% for water and 2% for sewer. The minimum monthly usage charge for water and sewer services is expected to decrease from 2,375 gallons to 2,250 gallons. This is the second year of a four-year plan to provide relief for low-volume residential and commercial customers. The minimum is being lowered by 125 gallons per year, ultimately going from 2,500 gallons to 2,000 gallons as the minimum usage. C. Amplified Noise Ordinance Update Lt. Chip White reported that the ordinance has been working well for the Hillsborough Police Department since changes were made in fall 2021. The changes have reduced the amount of time officers spend responding to complaint calls. When asked why citations are not issued at the time of the noise ordinance violation, the police chief explained the violation is reviewed in the office. The citation is then mailed. May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 3 of 27 DRAFT BOARD OF COMMISSIONERS MINUTES | 4 of 4 8. Updates A. Board members Board members gave updates on the committees and boards on which they serve. B. Town manager There was no additional update. C. Staff (written reports in agenda packet) Community Services Director Margaret Hauth reported the town had received approval from Duke Energy to affix banners to some of the light poles. Police Chief Duane Hampton noted the Police Department was providing more detailed information on a quarterly basis in agenda packets instead of monthly. Motion: Ferguson moved to go into closed session at 9:49 p.m. Hughes seconded. Vote: 5-0. Nays: None. Absent: None. 9. Closed session A. Closed session as authorized by North Carolina General Statute Section 143-318.11(a)(3) to consult with the town attorney to preserve the attorney-client privilege (potential litigation) B. Closed Session as authorized by North Carolina General Statute Section 143-318.11 (a)(6) regarding personnel matters Motion: Ferguson moved to return to open session at 11:01 p.m. Lloyd seconded. Vote: 5-0. Nays: None. Absent: None. 10. Adjournment Mayor Weaver adjourned the meeting at 11:02 p.m. Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 4 of 27 DRAFT PROCLAMATION In Recognition of Hedgehogs Day May 9, 2022 WHEREAS, FIRST ® Robotics Competition is a team competitive event that promotes problem solving, perseverance, and teamwork; and WHEREAS, the Orange County Schools FRC Team 587 was formed by two Orange High School teachers, Nina Morley Daye and Alice Sy, and competed as The Beast and Concentrated Entropy until 2008 when they became “The Hedgehogs”; and WHEREAS, the Hedgehogs robotics team is comprised of almost forty students from Orange High School and Cedar Ridge High School in Orange County, NC, and they have met and practiced for many months to build and perfect their robot “Free Fall”; and WHEREAS, on April 10, 2022, the Hedgehogs won the FIRST ® North Carolina State Championship, a thrilling victory that brought pride and elation to our whole community; and WHEREAS, the Hedgehogs then traveled to Houston, Texas for the World Championships to compete as one of 450 teams, and while not victorious, did bring home the Imagery Award in honor of Jack Kamen for the Newton field, an award celebrating attractiveness in engineering and outstanding visual aesthetic integration of machine and team appearance. In support of this award, the judges said, "Vivid, bright colors from pit to shirts will draw out even the most nocturnal of creatures. They have an innovative approach to meeting the robot weight requirements while keeping their theme firmly imprinted. After SONIC, they are our favorite Hedgehogs”; and WHEREAS, robotics is about more than robots, as proven not just by the comradery and teamwork demonstrated so beautifully by the Hedgehogs, but by the way the Hillsborough and Orange County community were captivated by the team’s progress and accomplishments, cheering for the Hedgehogs all the way; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim May 9, 2022, as Hedgehogs Day in the Town of Hillsborough. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 9th day of May in the year 2022. Jenn Weaver, Mayor Town of Hillsborough PROCLAMATION #20220509-4.A May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 5 of 27 DRAFT PROCLAMATION Police Week and Peace Officers’ Memorial Day May 15-21, 2022 WHEREAS, there are approximately 900,000 law enforcement officers serving in communities across the United States, including the dedicated members of the Hillsborough Police Department; and WHEREAS, on April 29, 1786, Sheriff Benjamin Brach of Chesterfield County, Virginia, became the first law enforcement officer to die in the line of duty in the United States; since then, more than 22,000 law enforcement officers in the United States have paid the ultimate price during the performance of their duties, including 594 in North Carolina; and WHEREAS, over 50,000 assaults against law enforcement officers are reported each year, resulting in approximately 17,000 injuries; and WHEREAS, the 87th Congress passed Public Law 87-726, a Joint Resolution authorizing the president to proclaim May 15th of each year as Peace Officers’ Memorial Day, and the calendar week during which May 15th occurs as Police Week; this was signed into law by President John F. Kennedy on October 1, 1962; and WHEREAS, the members of the Hillsborough Police Department play an essential role in safeguarding the rights and freedoms of our residents, they protect the innocent against deception and the weak against oppression, they unceasingly provide a vital public service without which our town would not enjoy the peace and liberty that we so dearly value; and WHEREAS, it is important that all citizens know and understand the duties and responsibilities of our law enforcement officers and acknowledge the hazards and sacrifices that are a fundamental aspect of their profession; THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim May 15-21, 2022 as “Police Week” and call upon all organizations and residents to commemorate law enforcement officers, past and present, who have rendered dedicated service to their communities. NOW, THEREFORE, I proclaim Sunday, May 15, 2022 as “Peace Officers' Memorial Day” and call upon all residents of Hillsborough to honor those law enforcement officers who made the ultimate sacrifice in service to their community or became disabled in their performance of their duty. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 9th day of May in the year 2022. Jenn Weaver, Mayor Town of Hillsborough PROCLAMATION #20220509-4.B May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 6 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-10-4200-5100-010 OVERTIME COMPENSATION 05/09/2022 1,000.00 350.00Yr-end balancing 24345 2,350.00EBRADFORD 10-10-4200-5100-020 SALARIES 05/09/2022 639,725.00 160,275.00Yr-end balancing 24275 800,000.00EBRADFORD 10-10-4200-5100-021 PERSONNEL EXPANSION - SALARIES 05/09/2022 147,518.00 -147,518.00Yr-end balancing 24346 0.00EBRADFORD 10-10-4200-5120-050 FICA 05/09/2022 49,015.00 19,330.00Yr-end balancing 24347 68,345.00EBRADFORD 10-10-4200-5125-061 LIFE/DISABILITY/VISION 05/09/2022 3,984.00 500.00Yr-end balancing 24348 4,484.00EBRADFORD 10-10-4200-5127-070 RETIREMENT 05/09/2022 73,043.00 18,400.00Yr-end balancing 24349 91,443.00EBRADFORD 10-10-4200-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 32,036.00 10,000.00Yr-end balancing 24350 42,036.00EBRADFORD 10-10-4200-5300-080 TRAINING/CONF./CONV. 05/09/2022 38,095.00 -1,404.00Yr-end balancing 24353 35,691.00EBRADFORD 10-10-4200-5300-110 TELEPHONE/INTERNET 05/09/2022 6,720.00 1,404.00Yr-end balancing 24352 8,124.00EBRADFORD 10-10-4400-5100-010 OVERTIME COMPENSATION 05/09/2022 700.00 1,000.00Yr-end balancing 24354 6,700.00EBRADFORD 10-10-4400-5100-020 SALARIES 05/09/2022 285,919.00 -1,000.00Yr-end balancing 24355 284,919.00EBRADFORD 10-10-4900-5100-020 SALARIES 05/09/2022 309,964.00 6,500.00Yr-end balancing 24356 316,464.00EBRADFORD 10-10-4900-5120-050 FICA 05/09/2022 23,460.00 600.00Yr-end balancing 24357 24,060.00EBRADFORD 10-10-4900-5127-070 RETIREMENT 05/09/2022 34,960.00 1,000.00Yr-end balancing 24358 35,960.00EBRADFORD 10-10-4900-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 15,333.00 1,000.00Yr-end balancing 24359 16,333.00EBRADFORD 10-10-4900-5300-467 C.S./MINUTES PREPARER 05/09/2022 5,000.00 2,000.00To cover cost of minutes prep for planning 24399 7,000.00JFernandez 10-10-4900-5300-570 MISCELLANEOUS 05/09/2022 89,000.00 -2,000.00To cover cost of minutes prep for planning 24398 110,045.00JFernandez 10-10-6300-5100-010 OVERTIME COMPENSATION 05/09/2022 250.00 200.00Yr-end balancing 24363 700.00EBRADFORD 10-10-6300-5100-020 SALARIES 05/09/2022 117,217.00 21,000.00Yr-end balancing 24364 138,217.00EBRADFORD 10-10-6300-5120-050 FICA 05/09/2022 8,986.00 2,500.00Yr-end balancing 24365 11,486.00EBRADFORD 10-10-6300-5127-070 RETIREMENT 05/09/2022 13,191.00 3,000.00Yr-end balancing 24366 16,191.00EBRADFORD 10-10-6300-5127-071 401(K) RETIREMENT SUPP. EBRADFORD 3:14:26PM05/03/2022 fl142r03 Page 1 of 3 Admin. Admin. Admin. Admin. Admin. Admin. Admin. Admin. Admin. Accounting Accounting Planning Planning Planning Planning Planning Planning Public Space Public Space Public Space Public Space Public Space May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 7 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 05/09/2022 5,873.00 2,000.00Yr-end balancing 24367 7,873.00EBRADFORD 10-10-6600-5100-020 SALARIES 05/09/2022 79,752.00 8,000.00Yr-end balancing 24369 87,752.00EBRADFORD 10-10-6600-5120-050 FICA 05/09/2022 6,101.00 500.00Yr-end balancing 24370 6,601.00EBRADFORD 10-10-6600-5125-061 LIFE/DISABILITY/VISION 05/09/2022 541.00 5.00Yr-end balancing 24371 546.00EBRADFORD 10-10-6600-5127-070 RETIREMENT 05/09/2022 9,092.00 1,000.00Yr-end balancing 24372 10,092.00EBRADFORD 10-10-6600-5127-071 401(K) RETIREMENT SUPPLEMENT 05/09/2022 3,988.00 1,000.00Yr-end balancing 24373 4,988.00EBRADFORD 10-10-6610-5100-020 SALARIES 05/09/2022 100,000.00 10,000.00Yr-end balancing 24375 110,000.00EBRADFORD 10-10-6610-5120-050 FICA 05/09/2022 7,650.00 1,000.00Yr-end balancing 24376 8,650.00EBRADFORD 10-10-6610-5125-061 LIFE/DISABILITY/VISION 05/09/2022 630.00 5.00Yr-end balancing 24377 635.00EBRADFORD 10-10-6610-5127-070 RETIREMENT 05/09/2022 11,400.00 1,100.00Yr-end balancing 24378 12,500.00EBRADFORD 10-10-6610-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 5,000.00 1,000.00Yr-end balancing 24379 6,000.00EBRADFORD 10-20-5100-5100-020 SALARIES 05/09/2022 2,062,653.00 200,000.00Yr-end balancing 24381 2,262,653.00EBRADFORD 10-20-5100-5120-050 FICA 05/09/2022 153,310.00 7,000.00Yr-end balancing 24382 160,310.00EBRADFORD 10-20-5100-5127-070 RETIREMENT 05/09/2022 246,034.00 12,000.00Yr-end balancing 24383 258,034.00EBRADFORD 10-20-5100-5127-071 401(K) RETIREMENT SUPP. 05/09/2022 99,063.00 14,000.00Yr-end balancing 24384 113,063.00EBRADFORD 10-20-5100-5127-075 SEPARATION ALLOWANCE 05/09/2022 22,786.00 8,000.00Yr-end balancing 24385 30,786.00EBRADFORD 10-60-6900-5300-570 MISCELLANEOUS 05/09/2022 356,500.00 -61,337.00To allocate merit 24351 343,163.00EBRADFORD 05/09/2022 356,500.00 -9,100.00To allocate merit 24360 334,063.00EBRADFORD 05/09/2022 356,500.00 -28,700.00To allocate merit 24368 305,363.00EBRADFORD 05/09/2022 356,500.00 -10,505.00To allocate merit 24374 294,858.00EBRADFORD 05/09/2022 356,500.00 -13,105.00To allocate merit 24380 281,753.00EBRADFORD 05/09/2022 356,500.00 -241,000.00To allocate merit 24386 40,753.00EBRADFORD 30-71-8120-5982-001 TRANSFER TO UTIL CAP IMPROV FUND 05/09/2022 0.00 179,200.00To fund WTP filters 2&3 w/operating reve 24410 179,200.00EBRADFORD 30-80-3900-3900-000 FUND BALANCE APPROPRIATED 05/09/2022 728,039.00 179,200.00To fund WTP filters 2&3 w/operating reve 24411 1,428,741.36EBRADFORD 30-80-8140-5300-331 SUPPLIES - SAFETY EBRADFORD 3:14:26PM05/03/2022 fl142r03 Page 2 of 3 Safety Safety Safety Safety Safety IT IT IT IT IT Police Police Police Police Police Spec. 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WTP W&S Revenue Water Distribution May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 8 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 05/09/2022 1,500.00 50.00To cover expense of muck boots. 24362 1,696.00JFernandez 30-80-8200-5300-331 SUPPLIES - SAFETY 05/09/2022 1,200.00 -50.00To cover expense of muck boots. 24361 1,197.00JFernandez 30-80-8220-5300-165 MAINTENANCE - INFRASTRUCTURE 05/09/2022 4,000.00 47,020.00To cover filter repairs 24400 51,020.00EBRADFORD 30-80-9990-5300-000 CONTINGENCY 05/09/2022 400,000.00 -47,020.00To cover filter repairs 24401 8,913.00EBRADFORD 358,400.00 EBRADFORD 3:14:26PM05/03/2022 fl142r03 Page 3 of 3 WW Collection WWTP W&S Contingency APPROVED: 5/0 DATE: 5/9/22 VERIFIED: ___________________________________ May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 9 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 69-15-3870-3870-502 TRANSFER FROM WSF-EDD WTR LINE EXT 05/09/2022 509,404.00 -259,404.00Adj per actual 24391 250,000.00EBRADFORD 69-15-3870-3870-700 TRANSFER FROM FUND 75-EDD WATER LIN 05/09/2022 0.00 259,404.00Adj per actual 24392 259,404.00EBRADFORD 69-17-3870-3870-504 TRANSFER FROM WSF-16" OWASA WATER M 05/09/2022 565,000.00 -465,000.00Adj per actual 24393 100,000.00EBRADFORD 69-17-3870-3870-701 TRANSFER FROM FUND 75-16" OWASA WAT 05/09/2022 0.00 465,000.00Adj per actual 24394 465,000.00EBRADFORD 69-22-3870-3870-507 TRANSFER FROM WSF-RIVER PS 05/09/2022 200,000.00 -200,000.00Adj per actual 24396 0.00EBRADFORD 69-22-3870-3870-750 TRANSFER FROM FUND 76-RIVER PS 05/09/2022 0.00 200,000.00Adj per actual 24395 400,000.00EBRADFORD 0.00 EBRADFORD 3:20:02PM05/03/2022 fl142r03 Page 1 of 1 W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. W&S Cap. Improv. May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 10 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/10/2022 TO 05/10/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 05/10/2022 400,000.00 -9,632.00To cover CMAQ admin espenses 24413 108,502.00EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 05/10/2022 7,000.00 9,632.00To cover CMAQ admin espenses 24412 11,877.00EBRADFORD 0.00 EBRADFORD 3:28:24PM05/04/2022 fl142r03 Page 1 of 1 GF- Contingency Public Space May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 11 of 27 DRAFT ORDINANCE Grant Project Amendment American Rescue Plan – Water Treatment Plant Filters Repair/Rebuild The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget ARPA – WTP Filters Repair/Rebuild $556,500 ($473,040) $83,460 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget ARPA – WTP Filters Repair/Rebuild $556,500 ($473,040) $83,460 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of May in 2022. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.D May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 12 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 77-25-3001-3310-007 GRANT - ARPA - WTP FILTERS REPAIR 05/09/2022 0.00 -473,040.00Adj budget to actual 24402 83,460.00EBRADFORD 77-25-3001-5700-771 ARPA - WTP FILTERS - MAINT. - EQUIP 05/09/2022 0.00 -473,040.00Adj budget to actual 24403 83,460.00EBRADFORD -946,080.00 EBRADFORD 3:17:20PM05/03/2022 fl142r03 Page 1 of 1 ARPA ARPA APPROVED: 5/0 DATE: 5/9/22 VERIFIED: ___________________________________ May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 13 of 27 DRAFT ORDINANCE Capital Project Water Treatment Plant Filters # 2 & 3 Repairs/Rebuild The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. This ordinance is a capital project ordinance hereby authorizing the repair and/or rebuild of Water Treatment Plant filters # 2 & 3. Section 2. Revenues anticipated to be available to the town to complete the project: Water Treatment Plant Filters # 2 & 3 TOTAL $179,200 $179,200 Section 3. The following amounts are appropriated for this project: Water Treatment Plant Filters # 2 & 3 TOTAL $179,200 $179,200 Section 4. This ordinance shall be amended in any manner to add additional appropriations, modify or eliminate existing capital projects, and/or add new capital project, so long as it continues to fulfill the requirements of G.S. 159-13.2 and other applicable laws. Section 5. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of May in 2022. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.E May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 14 of 27 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/09/2022 TO 05/09/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 69-26-3870-3870-510 TRANSFER FROM WSF-WTP FILTERS #s2&3 05/09/2022 0.00 179,200.00To separate filters 2&3 24408 179,200.00EBRADFORD 69-26-8120-5700-773 WTP FILTERS REPAIR #s 2 & 3 05/09/2022 0.00 179,200.00To separate filters 2&3 24409 179,200.00EBRADFORD 358,400.00 EBRADFORD 3:28:57PM05/03/2022 fl142r03 Page 1 of 1 W&S Util. Cap. Improv. W&S Util. Cap. Improv. APPROVED: 5/0 DATE: 5/9/22 VERIFIED: ___________________________________ May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 15 of 27 DRAFT ORDINANCE Amending Chapter 14, Section 14-57(b) The Hillsborough Board of Commissioners ordains: Section 1. Section 14-57 (b) is hereby amended by adding the word “and” after the word “property”, hyphenating the word “town wide”, adding “such as long-range planning, operations, water quality, pressure, and system redundancy” to the end of the first sentence, adding “looping of water mains” in the second sentence and adding “Extensions shall extend across the entire length of the parcel” as the third sentence, as follows: (b)For purposes of this article, an extension of the town's water and/or sewer system shall include any and all improvements deemed necessary by the town to serve the property and in consideration of town-wide and systemwide needs such as long-range planning, operations, water quality, pressure, and system redundancy. Necessary improvements may include not only the construction of new lines but also the replacement of existing lines, looping of water mains, installation of pump stations, or construction of oversized lines. Extensions shall extend across the entire length of the parcel. Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of May in 2022. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.H May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 16 of 27 DRAFT PROCLAMATION Memorial Day 2022 WHEREAS, Memorial Day is a day of reflection and solemn observance to honor the men and women of the armed forces who have lost their lives in service to their country; and WHEREAS, what is now known as “Memorial Day” has its roots in Decoration Day – a day first observed on May 1, 1865 and led by Black soldiers including the 54th Massachusetts and the 34th and 104th U.S. Colored Troops, Black veterans, white missionaries, and newly emancipated Black citizens of Charleston, South Carolina to honor the dead Union troops buried at a planters’ racetrack; and WHEREAS, we honor all men and women of all wars and conflicts who fought and died on behalf of our treasured ideals and do so with the clear-eyed recognition of the horrors war brings to all those it touches, WHEREAS, the military service members who have fallen in combat leave behind families and other loved ones who are left with the pain of their loss and carry that loss with them for the remainder of their days, experiencing the true cost of war in ways the majority of their countrymen and women cannot; and WHEREAS, Memorial Day, in accordance with a joint resolution of Congress passed May 11, 1950, is also a day dedicated as a call to prayer for permanent peace; and WHEREAS, toward the goal of peace, Memorial Day is a day for somber reflection on lives lost and potentials left unfulfilled, and for holding fast to our earnest hope for and commitment to non-violent solutions to conflict and a true, lasting peace where all people can thrive; and WHEREAS, from that first Decoration Day until now, we have made much progress as a nation and people to live up to the ideals for which so many have given the ultimate sacrifice, yet have much more work to do; and WHEREAS, one way to honor the dead is to treat the living well; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim May 31st, 2022 Memorial Day in the Town of Hillsborough in honor of all members of the armed forces who have lost their lives in service to their country, call on community members to recognize and support the loved ones of the fallen, and encourage all residents to reflect on their role in creating a more just, peaceful nation and world. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 9thday of May in the year 2022. Jenn Weaver, Mayor Town of Hillsborough PROCLAMATION #20220509-6.I May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 17 of 27 DRAFT Ordinance amending Town Code Section 7 to add Appendix B: Street Right of Way Management – Construction by Others The Hillsborough Board of Commissioners ordains: Section 1. Section 7, Streets and Sidewalks, of the Hillsborough Town Code, is hereby amended by adding the attached language as Appendix B – Street Right of Way Management- Construction by others. Section 2. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 3. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 9th day of May in 2022. Ayes: 5 Noes: 0 Absent or excused: 0 Sarah E. Kimrey, Town Clerk ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 18 of 27 DRAFT Appendix B – Street Right-of-Way Management - Construction by Others 1.0 Purpose The following standards and provisions are intended to provide reasonable parameters to others wanting to undertake work in the town street rights of way. The adoption of these standards is not a mandate on utility companies to improve their existing systems to meet the defined standards. However, the Town's expectation is that utility companies will comply with the standards on all future installation, upgrade, relocation, and maintenance projects. Failure to comply with the standards and provisions and the conditions in the resultant Encroachment Agreement will result in no further Agreements for the utility company issued by the Town until they are brought into compliance. The Town recognizes that the manner in which past facilities may have been installed varied depending on the environmental and other conditions of a given location. The Town further understands that accommodations may need to be made depending on the specifics of a given project. Therefore, it is the intent of the Town to work closely with the utility companies to find a mutually agreeable solution to all reasonable requests when the standards and applicable conditions pose unique challenges. Finally, please note that quicker review times can be expected when projects have no or few deviations from the standards. While no set of standards can assure complete and perfect protection of public health and safety conditions in all circumstances, the adoption of carefully considered standards are intended to create a consistent and desirable quality-of-life environment for the community as a whole. The following regulations are adopted to apply to utility construction and maintenance located in public street rights-of-way within the jurisdiction of the Town of Hillsborough. If any provision of this policy as now or later amended, or its application to any person or circumstance is held invalid, the invalidity does not affect other applicability of the remainder of this policy. Nothing in these Standards and Provisions creates or is intended to create private rights of action by individuals. 2.0 Applicability Encroachment Agreements are required for underground, at grade, above ground, and aerial work within town street rights of way. This includes but is not limited to: Buried lines and utilities by non-town of Hillsborough forces Aerial utility lines using existing poles owned by others Driveways Fences Retaining & decorative walls Driveway pipe extensions Encroachment Agreements are also required for underground, at grade, and aboveground work in a location where the town of Hillsborough has an existing easement for its water or sewer system. Standards for these encroachments are governed by Chapter 14 of this code. Where encroachments impact town street rights of way and parallel water and sewer easements, a single Agreement will be reviewed and approved by Public Works and Utilities prior to work beginning. 3.0 Requirements for all Encroachment Activities 3.1. All construction and maintenance work by forces not employed by the town in town street rights-of-way ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 19 of 27 DRAFT requires an Encroachment Agreement issued by Hillsborough Public Works. 3.1.1. The Encroachment Agreement and plans must be submitted by the applicant (utility company, adjacent property owner, contractor). Hillsborough Public Works has 30 working days to respond after receipt of complete package. This timeframe applies to standard submissions for new installation requests, unless the Town determines that extraordinary factors warrant a longer review period. Existing facility maintenance timeframes will be determined by Hillsborough Public Works on a case-by-case basis. 3.1.2. Construction should not occur or be scheduled to occur before the review is complete and the Encroachment Agreement is signed. 3.1.3. Hillsborough Public Works may determine, on a case-by-case basis, that a Pre-Construction Conference is warranted. 3.1.4. A copy of the Encroachment Agreement must be kept at the construction site. 3.1.5. Hillsborough Public Works must be notified 5-7 workdays prior to the actual start of work. 3.1.6. If pavement will be cut as part of the project, a Utility Cut Permit will also be required, which has additional provisions including an additional notification to the Town 48 hours prior to the pavement cut. 3.1.7. The Encroachment Agreement applicant must provide, if requested by the Town, a report describing the technical purpose and function of the proposed facilities. 3.1.8. Review by the Town does not certify the structural integrity of facility or structure. The obligation is on the applicant to ensure that collocated facilities can handle the additional loading on poles, structures, etc. 3.2. North Carolina General Statutes (NCGS) § 89 Article 8A, known as the "Underground Utility Safety and Damage Prevention Act" (as modified from time to time), applies to all construction covered by Encroachment Agreements issued by the Town of Hillsborough. 3.3. Requirements of NCDOT and the Manual on Uniform Traffic Control Devices (MUTCD) shall be in force when performing any work in the Town's streets and rights of way. 3.4. These Standards and Provisions are intended to provide the Town with the maximum authority available to the Town in the regulation of applicable structures; to comply with the Town's obligations under applicable State and federal law; and to promote the public's health, safety, and welfare. Accordingly, they shall be interpreted in light of such intention and are consistent with State, Federal and local laws and regulations at the time of adoption. 3.5. These standards shall apply to all Town-owned street rights-of-way. Exceptions may be granted by the Town on a case-by-case basis at the Town's sole discretion. 3.6. Note that, if crossing another entity's right-of-way (e.g. NCDOT, rail lines, etc.), the standards and requirements of that entity may differ from, or supersede, these standards. It is the responsibility of the Encroachment Agreement applicant to meet all applicable standards and obtain necessary property rights for right-of-way work. 3.7. All facilities shall be designed and installed in accordance with appropriate industry standards, applicable laws, and national and state building codes, including, but not limited to, the National Electric Code and National Electric Safety Code. 3.8. Applicants shall take all reasonable steps necessary to protect and structurally support existing utilities, facilities and structures within the Town rights-of-way. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 20 of 27 DRAFT 3.9. Utilities are encouraged to consolidate their facilities, wherever reasonable, onto one pole line or in one joint-trench or duct bank. Quicker review time can be expected when facilities are co-located. 3.10. Installation of encroachments on highway structures such as bridges or culverts is generally prohibited. Hillsborough Public Works will review such proposed installations on a case-by-case basis if the town is responsible for maintenance of the structure. 3.11. Any relocation involving a streetlight requires prior approval from Hillsborough Public Works. 3.12. All utility installations crossing signalized intersections, requiring pole replacements, must be bored underground. For maintenance purposes, this does not apply to pole owners. 3.13. The right-of-way shall be restored to an equal or better condition than existed prior to the project and shall meet current accessibility guidelines. 3.14. Utilities shall maintain documentation of their respective facility locations/relocations and shall provide such documentation to the Town of Hillsborough upon written request. The Town recognizes that some of the information provided may be proprietary in nature. In such instances, utilities shall mark clearly and with particularity the sections of information it considers to be proprietary or otherwise not subject to the Public Records Act so that the Town can make any necessary determinations regarding such information. 3.15. Vertical utility markers are not permitted within the Town's rights-of-way. 3.16. The proposed installation shall be built in compliance with the approved plans on file. An electronic copy of the as-built drawings is required to be given to Public Works within ninety (90) days after construction is completed. This requirement may be waived for incidental at-grade installations like paved driveways. 3.17. A utility owner shall keep on file as-built drawings and photographs depicting the entire facility installation, including all transmission equipment and all utilities. 3.18. A utility owner shall comply with all applicable provisions of these rules, any Encroachment Agreement issued under these Standards and Provisions, and all other applicable federal, state, and local laws. Any failure by the Town to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under these Standards and Provisions or all other applicable laws and regulations. 3.19. The encroaching facility shall be developed, maintained, and operated in full compliance with the conditions of any applicable Encroachment Agreement, and any law, statute, ordinance or other regulation applicable to any development or activity on the site. Any violation of the conditions of approval for any applicable Encroachment Agreement, or any other law, statute, ordinance or other regulation applicable to any development or activity may result in the revocation of this Encroachment Agreement. The remedies specified in this section shall be cumulative and the Town may resort to any other remedy available in law or in equity. 3.20. The Town may, at its sole discretion, allow for the testing of innovative construction methods that are not explicitly contemplated in these standards and provisions where there is mutual advantage to the Town and the utility company. Upon successful evaluation, the Town may amend the Standards & Provisions to incorporate the construction methods as a new practice. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 21 of 27 DRAFT 3.21. Riparian (stream) buffers are regulated within Section 6.20.16 of the Town of Hillsborough’s Unified Development Ordinance. Direct impacts to the riparian buffer (both temporary and permanent) must be avoided. If riparian buffer impacts cannot be avoided, written buffer authorization must be obtained from the town on a case-by-case basis. 3.22. Dewatering activities must minimize impacts on surrounding soils and vegetation. Discharges should be made at non-erosive velocities, directed to stable vegetated surfaces and to the maximum extent practicable should not include sediment or other contaminates. Where practical dewatering discharges should utilize filter bags. 3.23. Drilling water/mud must be discharged in a manner to minimize impacts. Like other dewatering activities, drilling water/mud discharges should made at non-erosive velocities, directed to stable vegetated surfaces and to ethe maximum extent practicable drilling clay/mud should be contained using filter bags or equivalent. Discharging drilling/clay and other contaminates into the town’s Municipal Separate Storm Sewer (MS4) system, including surface waterbodies, is a violation of the town’s illicit discharge ordinance. 3.24. Disturbed soils and vegetated areas should be minimized to the maximum extent practicable. Disturbed areas should be stabilized using appropriate erosion control techniques such as seeding, mulching, matting, etc. Stabilization should occur within 48 hours after the disturbance is complete. 4. Non-Utility Encroachments 4.1. Property owners may receive Encroachment Agreements to install underground, at grade, and aboveground encroachments within the Town rights-of-way when the encroachments meet or exceed the standards in this subsection. Any proposed encroachment in a utility easement is governed by Chapter 14 of this code. 4.2. Driveways or driveway aprons must: 4.2.1. Contain 6” depth of pavement for the portion located within any town street right of way when made of concrete. 4.2.2. Work with existing slope to maintain stormwater drainage. 4.2.3. Decorative pavers, bricks, and the like may be allowed on a case-by-case basis without an Encroachment Agreement if not permanently installed. Hillsborough Public Works must be notified and inspect the work to confirm an agreement is not required. Permanent installation (with concrete or similar) of these materials requires an Encroachment Agreement. 4.2.4. Gravel connections do not require Encroachment Agreements 4.3. Driveway pipe extensions: 4.3.1. Must be sized and sloped as directed by Hillsborough Public Works to maintain, establish, or improve stormwater drainage 4.3.2. Must be constructed of HDPE double wall pipe or RCP (Reinforced Concrete Pipe). 4.4. Fences and gates are to be located outside the public right of way. 4.4.1. Requests to encroach in the public right of way will be considered on a case-by-case basis. 4.4.2. The minimum separation from the improved portion of the street and the drainage system will be determined by Public Works based on the site conditions at the time of application. 4.4.3. May cross Hillsborough water and sewer utility easements only if a separate utility encroachment is granted by the Utilities department which may contain additional stipulations. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 22 of 27 DRAFT 4.5. Retaining and decorative walls are to be located outside the public right of way. 4.5.1. Requests to encroach in the public right of way will be considered on a case-by-case basis when the installation is not more than 4 feet in height, does not require a building permit, and is not atop water and sewer lines. 4.5.2. The minimum separation from the improved portion of the street and the drainage system will be determined by Public Works based on the site conditions at the time of application. 4.5.3. May not cross public water and sewer mains or be located within a Hillsborough utility easement. 5. Above Ground and Aerial - Utility 5.1. New pole installations are not anticipated in Hillsborough. Applications for new above ground utilities requiring a new pole network will be reviewed and considered on a case-by-case basis and consistent with relevant state law. 5.2. Wireless communication equipment may be attached to existing poles with the exception of decorative poles, traffic signals, and pedestrian lights. Approval must be granted from the pole owner and the Town of Hillsborough. 5.3. The Town may, in its discretion, require additional screening to be installed in order to minimize the visual impact of any new poles or associated utility cabinets. The Town may, at its discretion, require that associated equipment cabinets or facilities be installed underground. 5.4. Approval must be granted through the local Historic District Commission within the historic overlay zoning district of the Town. 5.5. New or expanded above-ground utility facilities (other than poles and facilities located on poles) such as pedestals, terminals, cross boxes, interfaces, remote terminals, and other items of industry standard nomenclature ("above-ground structure") that are part of a utility's distribution system (i.e., does not include facilities or devices that primarily serve individual properties) may be located in the rights-of- way only upon issuance of an Encroachment Agreement in accordance with the standards set forth below. Above-ground structures shall not interfere with the operation and maintenance of existing utilities, facilities, roadways or walkways within the public rights-of-way and may not be located in sight preservation triangles at intersections or driveways. 5.6. Above Ground Utility Structure Location Criteria. The following are preferred locations that minimize the aesthetic impact of the proposed above-ground structure: • Dead-end streets • Property line between two homes • Heavily wooded areas • Corner lot side yards • In front of residential privacy fences • Next to existing above-ground structures • Outside the line-of-sight from driveways/intersections • Edge of Town rights-of-way • Cabinets are to be placed so that doors do not swing into walkways or roadways 5.7. Screening on above- ground structures still may be necessary on a case-by-case basis and will use the following suggested list of hardy shrubs suitable for utility cabinet screening: • English Laurel ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 23 of 27 DRAFT • Japanese Yew • Leatherleaf Viburnum • Japanese Holly • Burford Holly • Emily Brunner Holly • Hetzi Holly • Hetzi Juniper • lnkberry Holly • Yaupon Holly 5.8. In the event that screening, appearance, or other conditions are not adequate to minimize the impact of the structure, additional reasonable camouflage may be required, or the Encroachment Agreement may be denied. 5.9. The Town encourages the installation of wireless transmission equipment on an existing structure for the purpose of transmitting or receiving radio frequency signals for communications purposes to avoid unreasonable duplication of wireless facilities. Co-located facilities and equipment may be separately owned and used by more than one entity. 5.9.1. All new communication facilities shall be designed and constructed to provide for co- location and utilize neutral host equipment capable of use by multiple additional wireless communication providers. 5.9.2. As a condition of installing a new pole or facility for personal wireless communication services, the owner of a new pole shall reasonably consent to allowing future requests for co-location by other providers of personal wireless services on reasonable terms and conditions that do not discriminate between similarly situated providers of wireless communication services. 5.9.3. New wireless communication poles that cannot be co-located on an existing pole must be separated by a minimum of 400 feet from existing poles. 6.0 Underground 6.1. Hillsborough supports North Carolina’s Dig Once policy and requires compliance with it on town streets in addition to the state road network. 6.2. Pull boxes and hand holes 4 feet by 4 feet in area or smaller shall be acceptable. Larger pull boxes, hand holes, manholes, and vaults may be permitted on a case-by-case basis as determined by Hillsborough Public Works. 6.3. Pull boxes and hand holes shall have a mark or tag identifying the owner. 6.4. Pull boxes, hand holes, manholes, and vaults shall be located outside the sidewalks where possible. They shall not be located in driveways, curb ramps, or within the intersection corner radius. A minimum 30-foot corner radius shall be recognized, where the existing corner radius is smaller. If the existing corner radius is greater, then the facility shall be placed beyond the end of the radius. 6.5. Pull boxes, hand holes, manholes and vaults, if permitted to be in pedestrian/non-motorized areas, shall have lids identifying the utility owner with an ADA compliant and skid resistant surface. Lids shall have a minimum vertical load capacity of 20,000 lbs. in accordance with ANSl/SCTE 77 and ANSI Tier 15 test provisions. L ids shall be one piece for boxes 30 inches by 48 inches and smaller unless otherwise approved by Hillsborough Public Works. 6.6. If permitted, pull box, hand hole, and manhole lids shall be flush and centered within a single section of ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 24 of 27 DRAFT sidewalk. Vertical surface discontinuities shall be no more than ½” maximum and that those between ¼” and ½” shall be beveled with a slope no more than 50%. Any sinking that occurs shall be repaired within 30 days of the notice from Hillsborough Public Works or other entity. 6.7. Only directional drilling is allowed for horizontal bores. Conduit proposed to be installed by horizontal directional drilling shall be approved with minimum review by Hillsborough Public Works. Drilling details shall be provided on the construction plans and installation shall conform to the requirements contained in this document for horizontal directional drilling. 6.8. All proposed facility installations crossing laterally at intersections shall be drilled, bored or tunneled to minimize open cuts. If Hillsborough Public Works agrees that drilling, boring or tunneling are not feasible, then open cutting may be permitted through a separate Utility Cut Permit. Micro-trenching is allowed and will be reviewed on a case-by-case basis. 6.9. Open cuts and trenching may be permitted by Town of Hillsborough on a case-by-case basis. Open cuts, if permitted, shall conform to the Town of Hillsborough Utility Cut Policy and NCDOT Street Maintenance Utility Cut Specification Manual and Attachments. 6.10. All proposed utilities shall be placed in such a way as to not interfere with the operation and maintenance of existing utilities, facilities, roadway, driveways or pedestrian walkways within the public rights-of-way or easements. 6.11. Construction located within planting strips shall comply with the following guidelines: 6.10.1. Parallel conduit installation shall maintain a minimum clearance of 5 feet from the trunk of any tree within the right-of-way when trenching. When boring conduit closer than 5 feet from existing tree trunks a minimum bore depth of 5 feet will be required. 6.10.2. Pull boxes, hand holes, manholes, vaults and bore pits shall be installed outside tree root protection zones. 6.10.3. Special attention shall be given to the placement of construction equipment (such as boring rigs and contractor vehicles) in order to avoid compaction of soil and damage to existing roots in the root protection zone. 6.10.4. Temporary tree protection fencing is required to be installed prior to any trenching. 6.11. Facilities damaged by the applicant shall be made safe within 24 hours after discovery. Repair or replacement shall be scheduled to occur within 90 days or as soon as replacement materials are available. If town forces make the repairs, the applicant will be charged for the town expenses. 6.12. All non-metallic underground facilities shall be installed with a tracer wire providing the ability to be located from the surface by conventional electronic tracing technology. Applicants will have to document continuity of the tracer wire network prior to project completion. 6.13. Underground Construction Methods 6.13.1. When Horizontal Directional Drilling, a three foot (3') minimum depth shall be used and should follow the construction and safety practices as described in the "Horizontal Directional Drilling Installation Guidelines" manual, current edition, published by the National Utility Contractors Association (NUCA). All current Occupational Safety and Health Administration (OSHA) guidelines shall be adhered to. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 25 of 27 DRAFT 6.13.2. Jack Sleeve and Bore 6.13.2.1. Jack Sleeve and Bore operations should follow the construction and safety practices as described in the "Guide to Pipe Jacking and Micro Tunneling Design" manual, current edition, published by the National Utility Contractors Association (NUCA). All current Occupational Safety and Health Administration (OSHA) guidelines shall be adhered to. 6.13.2.2. All bore pits less than 5 feet deep shall be minimum distance of 5 feet from the back of curb or from the edge of pavement. All bore pits 5 feet deep or greater shall be a minimum distance from the back of curb or from the edge of pavement based on a ratio of one foot of separation per one foot of depth. By example, a 10-foot-deep pore pit shall be a minimum of 10 feet from the back of curb or edge of pavement. 6.13.2.3. Bore pits shall be protected and made safe by fencing around or plating over. 6.13.3. Micro-trenching 6.13.3.1. Micro-trench operations may be permitted in specific circumstances and with detailed review by Hillsborough Public Works, Hillsborough Stormwater, and Hillsborough Utilities when this technology is deemed a benefit to both the applicant and the town. 7.0 Other Provisions 7.1. The Town's Encroachment Agreement approval does not authorize any construction on private property, rail rights-of-way, utility easement, state-maintained streets or any areas not controlled by the Town of Hillsborough. Any crossing or parallel routing of a facility along state-maintained streets requires an Encroachment Agreement with the North Carolina Department of Transportation (NCDOT). To obtain a NCDOT Encroachment Agreement in the Hillsborough area, contact NCDOT Division 7, District 1 Engineer’s Office. 7.2. Steel plates and construction signs shall have a mark or tag identifying the owner and owner contact information. 7.3. All right-of-way lines are to be shown on submitted plans. Orange County tax mapping is not to be used as right-of-way data. Issuance of an Encroachment Agreement by the Town is not an approval or verification of right-of-way lines shown on the plans. The Town of Hillsborough does not guarantee the right- of-way of the road, nor will it be responsible for claims for damages brought by any property owner. 7.4. Access to properties shall be maintained at all times. 7.5. The contractor shall utilize door hangers, telephone contact, e-mail contact or some other form of notice to notify residents and businesses of pending utility work. Notices shall include the project name; a brief description; the contractor's 24-hour contact information; and the proposed schedule for work in the immediate area. The contractor shall distribute the notices concurrent with submittal of other utility locate requests to 811 and a minimum of 7 days prior to commencement of beginning work. This does not apply to emergency situations. 7.6. The contractor shall comply with requirements of the Section 5 of the Town Code relating to construction and other nuisance noise, utility separation requirements, and all other applicable ordinances. 7.7. Special attention shall be given to the placement of construction equipment (such as boring rigs and contractor vehicles) and materials to not obstruct sight distances. Staging areas shall be organized by the contractor, shown in application materials, and include written authorization from the property owners. Staging shall not occur in the right of way. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 26 of 27 DRAFT 7.8. The contractor shall not close or block sidewalk on both sides of a street or more than two consecutive blocks on the same side of the street. 7.9. Restoration of all improvements shall be completed on a block-by-block basis to reestablish functionality of the right-of-way as soon as possible. The contractor must begin restoration of the first block upon starting new installation of the second block. In lieu of this requirement a temporary and permanent restoration plan prescribing specific restoration phasing may be included with the Encroachment Agreement application. 7.10. Hillsborough Public Works shall be provided notice of the final inspection upon completion of the installation. All punch list items shall be resolved within 30 days. ORDINANCE #20220509-6.K May 9, 2022 Board of Commissioners Regular Meeting Approved: ____________________ Page 27 of 27 DRAFT 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov JOINT PUBLIC HEARING MINUTES | 1 of 6 Minutes PLANNING BOARD AND BOARD OF COMMISSIONERS Joint public hearing 7 p.m. April 21, 2022 Town Hall Annex Board Meeting Room, 105 E. Corbin St. Present Town board: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes and Evelyn Lloyd Planning Board: Chair Chris Johnston, Vice Chair Frank Casadonte, Christopher Austin, Sherra Lawrence, Saru Salvi, and Scott Taylor Absent: Planning Board: Cassandra Chandler, Alyse Polly, Hooper Schultz and Jeff Scott Staff: Planning and Economic Development Manager Shannan Campbell and Town Attorney Bob Hornik 1. Call to order and confirmation of quorum Mayor Jenn Weaver called the meeting to order at 7 p.m. 2. Agenda changes and approval There were no changes. The agenda stood as presented. Motion: Commissioner Kathleen Ferguson moved to approve the agenda as presented. Commissioner Mark Bell seconded. Vote: 11-0. Weaver turned the meeting over to Planning Board Chair Chris Johnston. 3. Minutes review and approval Minutes from regular Planning Board meeting on March 17, 2022 Only Planning Board members voted on this item. Motion: Planning Board member Saru Salvi moved to approve the March 17, 2022, minutes as presented. Planning Board member Scott Taylor seconded. Vote: 6-0. 4. Open the public hearing Johnston declared the public hearing open. 5. Discussion A. Staff-generated text amendment to the Unified Development Ordinance: Section 8 — To strengthen code enforcement language Campbell summarized the staff report on Page 9 of the agenda packet. She said staff recommends the changes, which would strengthen and streamline the town’s code enforcement language. She said the JOINT PUBLIC HEARING MINUTES | 2 of 6 changes also would remove criminal penalties and clearly outline steps residents can take to address and remediate violations. When asked, Campbell clarified the town has seen more complaints recently and the current code enforcement language is not very strong. She clarified the town’s goal is for violations to be corrected in a timely manner. When asked, Campbell described how staff arrived at the proposed penalty amounts on Page 15 of the agenda packet. She noted the tiered amounts would add penalties for repeat violations. She noted the board members could change the amounts if they wish. Hornik confirmed civil penalties for stormwater management violations are set by North Carolina statutes. He confirmed the maximum statutory civil penalty for stormwater management violations is $25,000 per violation and, for continuous violations, $25,000 per violation per day. When asked, Campbell said the ramifications for the town if the code enforcement language is not updated would include public health and safety concerns and some aesthetic concerns. When asked, Campbell said the town would always work with residents who might be unable to pay to correct violations or do the work themselves because they’re physically unable. Hornik clarified that the town’s goal is compliance with the ordinance, not collecting fines. Hornik confirmed violation notices include information about remediation and appeals. Ferguson noted there are residents in the Fairview neighborhood who have lost confidence in the town addressing violations. She asked if the proposed changes would give the town tools to help those neighbors. Campbell said the proposed changes would help, and she clarified that staff could be more proactive regarding code enforcement if directed to do so. She said current code enforcement efforts are largely complaint-driven and noted Hillsborough does not have a full-time code enforcement officer. When asked, two residents who signed up to speak at the public hearing, Cyndy Vaughn and Ruth Youngblood, clarified they intended to listen and did not wish to speak. B. Applicant-generated text amendment to the Unified Development Ordinance: Section 5.1.7 — To allow “Gallery/Museum” as a permitted use in the Agricultural/Residential zoning district Campbell summarized the staff report on Page 20 of the agenda packet. She said staff received a request from applicant Laura Kilgore to create a gallery/museum on the first floor of her historic home to generate income for maintaining the home. She said the home is located in the Agricultural Residential zoning district, which does not allow a gallery/museum as a permitted use. Campbell noted the most closely associated permitted land use in the Agricultural Residential zoning district is “Park, Cultural or Natural,” examples of which include the Hillsborough Visitors Center, the Burwell School Historic Site and Ayr Mount, however the definition of that use requires that the sites be open to the public and owned by the public or a non-profit. When asked, Campbell confirmed there is no limit on traffic allowed for a gallery or museum. Campbell introduced Kilgore. Kilgore gave a brief presentation, explaining her reasons for requesting the text amendment. She said other uses allowed in the Agricultural Residential zoning district, such as bed and breakfasts, commercial JOINT PUBLIC HEARING MINUTES | 3 of 6 greenhouses and dog kennels, are much more intense than what she proposes. She said her gallery/museum would have limited hours and would comprise two or three rooms on the house’s first floor. She said she would likely open the business for Hillsborough’s Last Friday Art Walks. Kilgore said she believes her proposed gallery/museum would be congruent with Hillsborough’s Vision 2030 document and Strategic Growth Plan. She added having a business in the house would help generate income for maintaining the historic property. Johnston invited the commissioners’ and board members’ questions and comments. He noted that changes to the Agricultural Residential zoning district would impact all land with that zoning designation. The board members discussed the application, including the applicant’s specific case and the proposed changes’ potential impacts on all Agricultural Residential land, both in town and in the extraterritorial jurisdiction. Regarding the proposed changes’ potential impacts on all Agricultural Residential land, the board members discussed how much land would be impacted and whether the “gallery/museum” use is appropriate to the zoning district. Commissioners Bell and Matt Hughes and Planning Board member Frank Casadonte agreed the use could be appropriate in the Agricultural Residential zoning district. Ferguson said she could see other ways to achieve the applicant’s goal and said she was not yet comfortable with the proposed change. When asked, Campbell said “gallery/museum” is an allowed use in most commercial districts but currently is not allowed in any residential districts. Regarding the applicant’s specific case, the board members discussed parking, neighbors’ support for the application and Kilgore’s other options through rezoning. Campbell said Kilgore could operate the business by appointment without seeking the proposed change by doing it as a much less intense ‘Home Occupation’. Campbell said Kilgore’s other option would be to seek rezoning, but she noted other residential zoning districts still would not allow “gallery/museum” as an allowed use. When asked, Kilgore elaborated on why she thinks her business would fit the town’s Vision 2030 document, noting the home’s natural and cultural resources and historic nature. C. General Use Rezoning and Future Land Use Plan amendment: 379 Ja Max Drive — To rezone CASA at Collins Ridge from High Intensity Commercial and Residential Special Use to Multi-Family Campbell summarized the staff report on Page 32 of the agenda packet. She said the original Collins Ridge development had outlined an area for the CASA affordable housing portion of the project. That area became unworkable for the project, and in October 2021 the town board approved a change to the Special Use Permit allowing the CASA project to move to the former Daniel Boone parcel while remaining integrated with Collins Ridge. Campbell noted the CASA project is an important part of the Collins Ridge development. She displayed a map of the project and described the new location. Campbell said the land must be rezoned in order to build the CASA project at the new location, because the land’s current High Intensity Commercial zoning district does not allow multi-family residential development. Salvi asked why the plan had to be changed. Campbell, Ferguson and Hornik described the reasons for the change, including the developer and CASA’s limitations due to financing requirements. Salvi said building affordable housing throughout the development would be preferable to building all the affordable units in a separate location. She said she was disappointed in the plan to move the project to a different location. When asked, Campbell, Hornik and Ferguson described the project’s history and explained the constraints the developer, CASA and the town board had to work within to build affordable housing units. Ferguson agreed integrated affordable housing would be preferable but noted the town must work with its partners to build JOINT PUBLIC HEARING MINUTES | 4 of 6 affordable housing. Ferguson said the town is limited regarding affordable housing partners and locations, adding that a lot of thought went into siting the CASA project. Bell said he supported the change but regretted it needed to be made. Ferguson agreed. Bell noted the town board would talk more about affordable housing at its next meeting. Salvi indicated that she wanted the record to show that she was dismayed about CASA and the town’s knowledge of affordable housing funding requirements and that this part of the project had to be moved. She said she does not approve of CASA and the organization’s practice of creating affordable housing in pods. There were no further comments or questions regarding this item. D. General Use Rezoning and Future Land Use Plan amendment: 1700 N.C. 86 South — To rezone the Owl’s Wood Development from Limited Office to Multi-Family Campbell summarized the staff report on Page 44 of the agenda packet. She said the 15.38-acre parcel is owned by Owl’s Wood Development LLC. The parcel has been for sale for some time, and the owner has received feedback from potential buyers that the land’s topography and other environmental constraints make it not suited for commercial or office-based development. Campbell said the applicants have requested to rezone the land to the Multi-Family zoning district. She said the request is for a general use rezoning, noting a range of uses are permitted by right in the Mult-Family zoning district while other uses require additional review. Campbell said no statements by the applicant as to potential use of the property are binding on the applicant or the town, and no conditions can be placed if the application is approved. She noted the parcel has already been annexed and is in the town limits. Representatives of the applicant, Brian Wise of Fall Line Development, gave a brief presentation. Tim Smith of Summit Design and Engineering spoke about the applicant’s plan to submit a development plan to build apartments on the parcel if the rezoning request is approved. He described the parcel’s location and gave a brief overview of the parcel’s history. He noted a sawmill was once on the land and said another part of the original parcel had been developed to build Eno Haven senior apartments. Smith said Hillsborough’s Comprehensive Plan calls for the parcel and surrounding areas to provide retail services, noting that the area has developed to include a variety of other uses. Smith said a 20-to-30-foot sloop on the property’s east side limits its developable area. Mark O’Neal of Pickett Sprouse Commercial Real Estate presented a thorough history of the parcel. He outlined several reasons the land has not sold for commercial development, including the site’s topography and traffic concerns. Commissioner Evelyn Lloyd recalled Southern Season was once interested in the site but did not purchase it. When asked, O’Neal said the site’s steep east-side slope, stream buffer and sewer line narrow the developable area considerably, making the site less appealing to commercial developers. He said building commercially on the site would require expensive grading. He acknowledged the site could be developed for flex space and smaller commercial enterprises, but noted no developers have done so in the past 20 years that the land has available. O’Neal said the site would be good for small-footprint buildings such as apartments. He noted the town needs more housing stock and said increasing the housing supply would put downward pressure on rental rates. JOINT PUBLIC HEARING MINUTES | 5 of 6 Ferguson said she had several concerns about allowing apartments to be built on the site. She said housing on the site would be very close to commercial sites, noting it would not be a good place for children to play. She worried residents would try to walk to the Riverwalk or the Hampton Pointe shopping center, creating an unsafe situation. Ferguson added she had concerns about how housing on the site would age over the next 30-to-70 years in light of commercial pressures around the site. O’Neal and Smith said the site has many connectivity opportunities, noting it is on a bus line. Smith said the developer is open to building trails to connect the site safely with surrounding areas, including the Riverwalk. Smith added the developer is open to including some affordable housing units and age-restricted units. Chad Pittman of Encore Construction presented an analysis of apartment rental rates in Hillsborough, noting that rental rates have increased 40% in the last four years. He said building more apartments would help combat that increase and absorb some of the demand. Salvi said she did not think building apartments on this site would bring rental rates down. Pittman agreed rents would not decrease but said more apartments would help combat the recent drastic spike in rental rates. When asked, Pitmann said the developer would plan to build approximately 200 units. Bell noted the town has limited water capacity remaining. He said every development the town approves must have a very good proposal due to the town’s limited water and sewer capacity. Bell said that changing the land’s zoning from office to residential would at least double the site’s water capacity requirements. Campbell agreed, noting the town does not allocate water it does not have and water is allocated on a first- come, first-served basis. Campbell said even if the applicant’s development plan is ultimately approved, the developer might not be able to build if another water-intense project is approved first. Campbell noted the only question being discussed tonight is the zoning decision. Bell said keeping the land zoned Limited Office would enhance the livability of the current residential areas around the site. He also expressed concern about allowing high-density multi-family housing so close to Interstate 85. Bell acknowledged the site’s topography creates challenges for building commercially on the site. He said any apartments would need to have an affordable housing component. Weaver reminded the board members that tonight’s public hearing is for gathering information, noting each board would have another chance to debate the potential project’s merits later. Weaver said she was surprised to see that single-family housing is an allowed use in the Multi-Family zoning district. Campbell confirmed and said single-family housing probably is allowed in the Multi-Family zoning district to allow a mix of housing types within one development if a developer so chooses to do that. When asked, O’Neal said retail development would be more difficult than multi-family development due to the site’s constrained developable area. He said most retail developments have an anchor store, but the site’s topography is not conducive to a large anchor store. Campbell referred the board members to two pieces of written public comment that were submitted, one from Leland Little and one from Madeline Friedman. Campbell provided copies of the comments to the board and summarized concerns for the public hearing record. Resident James Czar spoke about his concerns regarding the rezoning request. Czar said a general use rezoning in this case could result in the developer building up to 300 units, adding up to 600 cars to the road system. He expressed concern that a large apartment development could be a fire hazard. Czar noted he was the structural engineer for the Metropolitan apartments in Raleigh, which burned in 2017. He said in his JOINT PUBLIC HEARING MINUTES | 6 of 6 experience large apartment buildings often burn. Czar said he thought rezoning the site now is premature unless the board members genuinely want multi-family development on the site. He noted any multi-family development would be allowed on the site by right under a general use rezoning. Czar added that turning left from N.C. 86 onto Interstate 85 already can be hazardous, and he said adding up to 600 more cars in the area would create problems. There were no further comments or questions regarding this item. 6. Close the public hearing Motion: Ferguson moved to close the public hearing for this item. Hughes seconded. Vote: 11-0. 7. Updates A. Board of Adjustment Campbell noted Hooper Schultz, the Planning Board’s Board of Adjustment liaison, was absent. B. Parks and Recreation Board Campbell noted Alyse Polly, the Planning Board’s Parks and Recreation Board liaison, was absent. C. Staff Campbell displayed a new interactive map on the town’s website showing current development projects and those under review. Planning Board member Christopher Austin let the board members that tonight would be his last meeting, as he is moving away from Hillsborough and resigning from the Planning Board. Planning Board members thanked him for his service and wished him well on his move. 8. Adjournment Motion: Ferguson moved to adjourn the joint public hearing. Johnston adjourned the joint public hearing at 9:05 p.m. Respectfully submitted, Shannan Campbell Planning and Economic Development Manager Staff support to the Planning Board Approved: May 19, 2022 101 E. Orange St., PO Box 429, Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov BOARD OF COMMISSIONERS MINUTES | 1 of 3 Minutes BOARD OF COMMISSIONERS Budget work session 7 p.m. May 23, 2022 Board Meeting Room of Town Hall Annex, 105 E. Corbin St. Present: Mayor Jenn Weaver and commissioners Mark Bell, Robb English, Kathleen Ferguson, Matt Hughes, and Evelyn Lloyd Absent: Delete this line if not needed. Staff: Budget Director Emily Bradford, Administrative Services Director Jen Della Valle, Budget and Management Analyst Josh Fernandez, Stormwater and Environmental Services Manager Terry Hackett, Assistant Town Manager and Community Services Director Margaret Hauth, Town Attorney Bob Hornik, Town Clerk and Human Resources Technician Sarah Kimrey, Finance Director Tiffany Long, Town Manager Eric Peterson, Utilities Director Marie Strandwitz and Public Space and Sustainability Manager Stephanie Trueblood 1. Opening of the work session Mayor Jenn Weaver called the meeting to order at 7 p.m. 2. Agenda changes and approval There was none. Motion: Commissioner Mark Bell moved to approve as presented. Commissioner Kathleen Ferguson seconded. Vote: 4-0. Nays: None. Absent Commissioner Matt Hughes. 3. Public hearing to collect public comment on the manager’s recommended Fiscal Year 2023 budget A copy of the FY2022-23 Annual Budget Workbook is available on the town’s website. Weaver opened the public hearing at 7:01 p.m. Hughes joined the meeting at 7:02 p.m. Public comment: Will Johnson expressed concern about the proposed increases in water and sewer rates. He stated that the rates should not be raised until the town’s audits are complete so the board can be sure the rate increases are needed. Judit Alvardo, representing Fairview Community Watch, asked the board to fund the additional $35,000 the Fairview Community Watch requested for improvements to the community center building the community group is leasing from the town. Weaver closed the public hearing at 7:10 p.m. May 23, 2022 Board of Commissioners Budget Work Session Approved: ____________________ Page 1 of 6 DRAFT BOARD OF COMMISSIONERS MINUTES | 2 of 3 4. Items for decision ― consent agenda A. Miscellaneous budget amendments and transfers B. Proclamation raising awareness of period poverty C. Special Event Permit: OHS end of year cookout at Gold Park D. Orange Rural Fire Department contract extension Motion: Hughes moved to approve all items on the consent agenda. Ferguson seconded. Vote: 5-0. Nays: None. Absent: None. 5. In-depth discussion and topics FY2023 Budget Workshop Discussion opened with Item 5.C. A. General Fund The board considered and expressed support for fulfilling a community re-investment request of $7,633 from the Exchange Club that was received late. The support would cover the costs of a portable handicap accessible toilet or bathroom repairs, a dumpster, park lighting, park limited liability insurance, tree trimming and two heavy-weight trash cans. The board considered and expressed support for fulfilling a community re-investment request of $16,000 from the Hillsborough Arts Council that was received late. The board also expressed support for dedicating $35,000 for improvements to the Dorothy N. Johnson Community Center building and rolling $5,000 over from the current budget set aside for this as well. The board discussed housing funding options and expressed support for funding the Partnership to End Homelessness updated request for $12,145. The board expressed a lack of support for the request from the Inter-Faith council for Social Service, which included a proposed interlocal agreement. B. Water and Sewer Fund There was no discussion. C. Stormwater Fund There were no questions. 6. Other business There was none. 7. Committee updates and reports Board members gave updates on the committees and boards on which they serve. 8. Adjournment Mayor Weaver adjourned the meeting at 8:42 p.m. May 23, 2022 Board of Commissioners Budget Work Session Approved: ____________________ Page 2 of 6 DRAFT BOARD OF COMMISSIONERS MINUTES | 3 of 3 Respectfully submitted, Sarah Kimrey Town Clerk Staff support to the Board of Commissioners May 23, 2022 Board of Commissioners Budget Work Session Approved: ____________________ Page 3 of 6 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/23/2022 TO 05/23/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 05/23/2022 400,000.00 -5,000.00To cover NC86 HVAC & awning repair 24430 103,502.00EBRADFORD 05/23/2022 400,000.00 -7,150.00To cover PD facility rental 24436 96,352.00EBRADFORD 05/23/2022 400,000.00 -14,747.00Yr-end balancing 24442 81,605.00EBRADFORD 10-20-5100-5300-363 RENTAL - BUILDING 05/23/2022 0.00 7,150.00To cover facility rental 24435 34,150.00EBRADFORD 10-30-5550-5300-145 MAINTENANCE - BUILDINGS 05/23/2022 12,235.00 11,000.00To cover HVAC & awning repair 24429 22,869.00EBRADFORD 10-30-5550-5300-351 RENTAL - EQUIPMENT 05/23/2022 0.00 -6,000.00To cover HVAC & awning repair 24428 6,700.00EBRADFORD 10-60-6900-5300-570 MISCELLANEOUS 05/23/2022 356,500.00 14,747.00Yr-end balancing 24441 55,500.00EBRADFORD 30-80-7220-5300-330 SUPPLIES - DEPARTMENTAL 05/23/2022 500.00 1,800.00To cover flat file map cabinet. 24424 2,300.00JFernandez 30-80-7220-5300-350 UNIFORMS 05/23/2022 200.00 300.00To cover new employee workwear. 24423 500.00JFernandez 30-80-7220-5300-570 MISCELLANEOUS 05/23/2022 25,600.00 -2,100.00New employee workwear & map cabinet. 24422 23,500.00JFernandez 30-80-8120-5300-145 MAINTENANCE - BUILDINGS 05/23/2022 6,000.00 2,250.00To cover HVAC repair 24438 36,716.00EBRADFORD 30-80-8120-5300-158 MAINTENANCE - EQUIPMENT 05/23/2022 120,240.00 -2,250.00To cover HVAC repair 24437 222,617.38EBRADFORD 05/23/2022 120,240.00 -20,000.00To cover load of alum and caustic through 24439 202,617.38JFernandez 30-80-8120-5300-323 SUPPLIES - CHEMICALS 05/23/2022 165,170.00 20,000.00To cover load of alum and caustic through 24440 235,170.00JFernandez 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL 05/23/2022 100,000.00 6,351.00To cover pipe & fittings 24434 105,202.00EBRADFORD 30-80-8140-5300-351 RENTAL - EQUIPMENT 05/23/2022 8,000.00 -3,503.00To cover pipe & fittings 24431 0.00EBRADFORD 30-80-8140-5300-530 DUES & SUBSCRIPTIONS 05/23/2022 3,100.00 -1.00To cover pipe & fittings 24433 3,099.00EBRADFORD 30-80-8140-5300-570 MISCELLANEOUS 05/23/2022 3,000.00 -2,847.00To cover pipe & fittings 24432 153.00EBRADFORD 30-80-8200-5300-145 MAINTENANCE - BUILDINGS 05/23/2022 29,500.00 -2,000.00To purchse English & Spanish FOG flyers 24426 27,500.00JFernandez 30-80-8200-5300-151 FOG PROGRAM 05/23/2022 6,000.00 2,000.00To purchse English & Spanish FOG flyers 24427 8,000.00JFernandez 30-80-8220-5300-130 UTILITIES 05/23/2022 151,218.00 -2,000.00To cover increased cost of testing and cou 24421 134,318.00JFernandez 30-80-8220-5300-340 OUTSIDE LAB SERVICES 05/23/2022 16,550.00 2,000.00To cover increased cost of testing and cou 24425 18,550.00JFernandez 44-10-6200-5700-045 DESIGN 05/23/2022 131,777.57 -131,777.57To close out project 24414 0.00EBRADFORD EBRADFORD 5:07:32PM05/16/2022 fl142r03 Page 1 of 2 GF- Contingency Police Fleet Maintenance Fleet Maintenance Special Appropriations Utilities Admin. Utilities Admin. Utilities Admin. WTP WTP WTP Water Distribution Water Distribution Water Distribution Water Distribution WW Collection WW Collection WW Collection WWTP Riverwalk- CMAQ May 23, 2022 Board of Commissioners Budget Work Session Approved: ____________________ Page 4 of 6 DRAFT BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 05/23/2022 TO 05/23/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 44-10-6200-5700-719 CONSTRUCTION ADMINISTRATION 05/23/2022 105,544.53 -105,544.53To close out project 24415 0.00EBRADFORD 44-10-6200-5700-720 CONSTRUCTION 05/23/2022 1,021,240.90 -1,021,240.90To close out project 24416 0.00EBRADFORD 44-70-3700-3700-200 GRANT REVENUE-FEDERAL-NCDOT 05/23/2022 1,006,850.00 -1,006,850.00To close out project 24417 0.00EBRADFORD 44-71-3870-3870-100 TRANSFER FROM GENERAL FUND 05/23/2022 251,713.00 -251,713.00To close out project 24418 0.00EBRADFORD 67-80-8130-5700-000 CONTINGENCY 05/23/2022 250,875.39 -100,000.00To fund WFER re-clearing 24419 150,875.39EBRADFORD 67-80-8130-5700-570 MISCELLANEOUS 05/23/2022 120,630.00 100,000.00To fund WFER re-clearing 24420 220,630.00EBRADFORD 69-14-3870-3870-501 TRANSFER FROM WSF-N ZONE LOOP 05/23/2022 2,387.50 -2,387.50To close project 24406 0.00EBRADFORD 69-14-8140-5700-734 NORTH ZONE LOOP 05/23/2022 2,387.50 -2,387.50To close project 24407 0.00EBRADFORD -2,521,901.00 EBRADFORD 5:07:32PM05/16/2022 fl142r03 Page 2 of 2 Riverwalk- CMAQ Riverwalk- CMAQ Riverwalk- CMAQ Riverwalk- CMAQ WFER- Road Proj. WFER- Road Proj. Utilities Cap Improv Utilities Cap Improv APPROVED: 5/0 DATE: 5/23/22 VERIFIED: ___________________________________ May 23, 2022 Board of Commissioners Budget Work Session Approved: ____________________ Page 5 of 6 DRAFT PROCLAMATION #20220523-4.B May 23, 2022 Board of Commissioners Budget Work Session Approved: ____________________ Page 6 of 6 DRAFT AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Administrative Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Miscellaneous budget amendments and transfers Attachments: Budget Changes Detail Report Brief summary: To adjust budgeted revenues and expenditures, where needed, due to changes that have occurred since budget adoption. Action requested: Consider approving budget amendments and transfers. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: As indicated by each budget amendment. Staff recommendation and comments: To approve the attached list of budget amendments. For clerk’s use AGENDA ITEM: 4.B Consent agenda Regular agenda Closed session BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 06/13/2022 TO 06/13/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 10-00-9990-5300-000 CONTINGENCY 06/13/2022 400,000.00 -7,000.00To cover vehicle repair 24447 74,605.00EBRADFORD 06/13/2022 400,000.00 -15,000.00To cover street banners 24503 59,605.00EBRADFORD 06/13/2022 400,000.00 -10,000.00To cover solid waste fuel 24514 49,605.00EBRADFORD 06/13/2022 400,000.00 -10,000.00To cover PD fuel 24516 39,605.00EBRADFORD 06/13/2022 400,000.00 -24,000.00To cover accounting assistance 24575 15,605.00EBRADFORD 10-10-4400-5300-459 C.S./ACCOUNTING ASSISTANCE 06/13/2022 1,000.00 24,000.00To cover accounting assistance 24574 143,733.68EBRADFORD 10-10-6300-5300-570 MISCELLANEOUS 06/13/2022 7,000.00 15,000.00To cover street banners 24504 26,877.00EBRADFORD 10-20-5100-5100-030 BONUS PAY 06/13/2022 4,000.00 1,000.00To cover FTO bonuses 24459 7,500.00EBRADFORD 10-20-5100-5300-158 MAINTENANCE - EQUIPMENT 06/13/2022 4,000.00 -2,000.00To cover recruitment efforts 24445 2,000.00EBRADFORD 10-20-5100-5300-310 GASOLINE 06/13/2022 45,000.00 10,000.00To cover PD fuel 24515 70,000.00EBRADFORD 10-20-5100-5300-320 SUPPLIES - OFFICE 06/13/2022 5,000.00 -1,000.00To cover FTO bonuses 24460 3,850.00EBRADFORD 06/13/2022 5,000.00 1,500.00To cover office furniture 24471 5,350.00EBRADFORD 10-20-5100-5300-350 UNIFORMS 06/13/2022 17,940.00 -1,500.00To cover office furniture 24470 18,180.46EBRADFORD 10-20-5100-5300-452 C.S. - ELEVATOR 06/13/2022 3,000.00 87.00To cover elevator inspection 24506 3,087.00EBRADFORD 10-20-5100-5300-460 C.S./DRIVER SAFTEY TRAINING 06/13/2022 3,500.00 -87.00To cover elevator inspection 24505 4,178.00EBRADFORD 10-20-5100-5300-470 HIRING SELECTION PROCESS 06/13/2022 7,300.00 2,000.00To cover recruitment efforts 24446 9,300.00EBRADFORD 06/13/2022 7,300.00 1,100.00To cover psychological and drug testing 24462 10,400.00EBRADFORD 10-20-5100-5300-530 DUES & SUBSCRIPTIONS 06/13/2022 500.00 -200.00To cover FFD assessment 24474 300.00EBRADFORD 10-20-5100-5300-570 MISCELLANEOUS 06/13/2022 3,500.00 200.00To cover FFD assessment 24475 3,415.00EBRADFORD 10-20-5100-5300-730 DRUG ENFORCEMENT OPERATIONS 06/13/2022 5,000.00 -1,100.00To cover psychological and drug testing 24461 1,400.00EBRADFORD 10-30-5550-5300-201 VEHICLE REPAIR - WATER & SEWER 06/13/2022 35,000.00 7,000.00To cover vehicle repair 24448 42,000.00EBRADFORD 10-30-5600-5300-330 SUPPLIES - DEPARTMENTAL 06/13/2022 31,800.00 -1,375.00To cover truck bed liner 24472 20,695.00EBRADFORD 10-30-5600-5700-740 CAPITAL - VEHICLES 06/13/2022 181,000.00 1,375.00To cover truck bed liner 24473 197,605.00EBRADFORD 10-30-5800-5300-112 POSTAGE 06/13/2022 1,100.00 76.00To cover franchise agreement notice 24511 1,176.00EBRADFORD 10-30-5800-5300-310 GASOLINE EBRADFORD 9:33:29PM06/06/2022 fl142r03 Page 1 of 3 GF - Contingency Accounting Public Space Police Police Police Police Police Police Police Police Police Police Police Fleet Maintenance Streets Streets Solid Waste Solid Waste BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 06/13/2022 TO 06/13/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 06/13/2022 31,097.00 10,000.00Yr-end balancing 24513 41,097.00EBRADFORD 10-30-5800-5300-320 SUPPLIES - OFFICE 06/13/2022 750.00 -76.00To cover franchise agreement notice 24512 674.00EBRADFORD 10-30-5800-5700-740 CAPITAL - VEHICLES 06/13/2022 720,000.00 12,336.00To cover garbage truck 24453 1,040,723.66EBRADFORD 10-70-3980-3980-001 DEBT ISSUANCE PROCEEDS 06/13/2022 974,000.00 12,336.00To cover garbage truck 24454 1,307,224.00EBRADFORD 10-71-5350-5982-002 TRANSFER TO GEN CAP IMPROV 06/13/2022 0.00 75,000.00Move funds to Fund 60 24483 75,000.00EBRADFORD 10-71-5350-5982-004 TRANSFER TO PUBLIC SAFETY FACILITY 06/13/2022 75,000.00 -75,000.00Move funds to Fund 60 24482 0.00EBRADFORD 10-71-5600-5982-002 TRANSFER TO GEN CAP IMPROV FUND 06/13/2022 0.00 71,800.00Move NC86 Proj to Fund 60 24489 454,617.00EBRADFORD 10-71-5600-5982-003 TRANSFER TO PW FACILITY PROJ FUND 06/13/2022 71,800.00 -71,800.00Move NC86 Proj to Fund 60 24488 0.00EBRADFORD 30-80-7220-5300-338 SUPPLIES - DATA PROCESSING 06/13/2022 1,700.00 -1,700.00To replace flow transducer. 24499 0.00JFernandez 30-80-7240-5300-310 GASOLINE 06/13/2022 4,038.00 1,000.00To cover fuel overage 24576 6,738.00EBRADFORD 30-80-8120-5300-145 MAINTENANCE - BUILDINGS 06/13/2022 6,000.00 500.00To cover exterminator and HVAC mainten 24452 37,216.00JFernandez 30-80-8120-5300-158 MAINTENANCE - EQUIPMENT 06/13/2022 120,240.00 -500.00To cover exterminator and HVAC mainten 24451 202,117.38JFernandez 06/13/2022 120,240.00 -500.00For purchase of tools 24501 201,617.38JFernandez 30-80-8120-5300-330 SUPPLIES - DEPARTMENTAL 06/13/2022 36,490.00 500.00For purchase of tools.24502 36,990.00JFernandez 30-80-8130-5300-145 MAINTENANCE - BUILDINGS 06/13/2022 6,500.00 -3,296.00To replace flow transducer.24496 3,204.00JFernandez 30-80-8130-5300-152 AQUATIC WEED CONTROL 06/13/2022 8,300.00 -2,908.12To replace flow transducer.24497 8,500.00JFernandez 30-80-8130-5300-154 MAINTENANCE - GROUNDS 06/13/2022 8,500.00 -2,840.00To replace flow transducer.24498 5,660.00JFernandez 30-80-8130-5300-158 MAINTENANCE - EQUIPMENT 06/13/2022 1,500.00 10,744.12To replace flow transducer.24500 19,844.12JFernandez 30-80-8140-5300-165 MAINTENANCE - INFRASTRUCTURE 06/13/2022 57,000.00 -12,000.00For purchase of pipe and fittings. 24443 36,707.00JFernandez 06/13/2022 57,000.00 25,668.41To cover leak detection services.24458 62,375.41JFernandez 30-80-8140-5300-326 SUPPLIES - PATCH 06/13/2022 8,000.00 -808.36For purchase of traffic control flare light k 24449 7,191.64JFernandez 30-80-8140-5300-330 SUPPLIES - DEPARTMENTAL 06/13/2022 100,000.00 12,000.00For purchase of pipe and fittings 24444 117,202.00JFernandez 30-80-8140-5300-331 SUPPLIES - SAFETY 06/13/2022 1,500.00 808.36For purchase of traffic control flare light k 24450 2,504.36JFernandez EBRADFORD 9:33:29PM06/06/2022 fl142r03 Page 2 of 3 Solid Waste Solid Waste GF- Revenue Fire Fire Streets Streets Utilities Admin. Billing & Collections WTP WTP WTP WFER WFER WFER WFER Water Distribution Water Distribution Water Distribution Water Distribution BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 06/13/2022 TO 06/13/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 30-80-8200-5300-145 MAINTENANCE - BUILDINGS 06/13/2022 29,500.00 -12,029.92To cover leak detection services. 24455 15,470.08JFernandez 30-80-8200-5300-326 SUPPLIES - PATCH 06/13/2022 8,000.00 -3,638.49To cover leak detection services. 24457 4,361.51JFernandez 30-80-8200-5300-416 C.S./ROOT CONTROL SERVICE 06/13/2022 10,000.00 -10,000.00To cover leak detection services. 24456 0.00JFernandez 30-80-9990-5300-000 CONTINGENCY 06/13/2022 400,000.00 -1,000.00To cover fuel overage 24577 7,913.00EBRADFORD 47-20-5100-5700-000 CONTINGENCY 06/13/2022 5,000.00 -5,000.00To close out project 24476 0.00EBRADFORD 47-20-5100-5700-570 MISCELLANEOUS 06/13/2022 84,145.00 -84,145.00To close out project 24477 0.00EBRADFORD 47-20-5100-5700-720 CONSTRUCTION 06/13/2022 222,855.00 -222,855.00To close out project 24478 0.00EBRADFORD 47-71-3870-3870-050 TRANSFER FROM RESTRICTED REV FUND 06/13/2022 135,440.00 -135,440.00To close out project 24479 0.00EBRADFORD 47-71-3870-3870-100 TRANSFER FROM GENERAL FUND 06/13/2022 176,560.00 -176,560.00To close out project 24480 0.00EBRADFORD 71-10-6300-5700-851 SUSTAINABILITY 06/13/2022 0.00 300,000.00To amend per FY22 budget 24494 300,000.00EBRADFORD 71-71-3870-3870-410 TRANSFER FROM GF-SUSTAINABILITY 06/13/2022 0.00 300,000.00To amend per FY22 budget 24495 300,000.00EBRADFORD 672.00 EBRADFORD 9:33:29PM06/06/2022 fl142r03 Page 3 of 3 WW Collection WW Collection WW Collection W&S Contingency Public Safety Proj. Public Safety Proj. Public Safety Proj. Public Safety Proj. Public Safety Proj. CRF - General CRF - General BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 06/13/2022 TO 06/13/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 60-23-3700-3700-101 STATE TIP 06/13/2022 750,000.00 -750,000.00To consolidate under NCDOT Rail acct 24578 0.00EBRADFORD 60-23-3700-3700-103 NCDOT RAIL (TIP) 06/13/2022 120,000.00 750,000.00To consolidate under NCDOT Rail acct 24579 870,000.00EBRADFORD 0.00 EBRADFORD 9:36:22PM06/06/2022 fl142r03 Page 1 of 1 AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning/Econ Dev. Public hearing: Yes Date of public hearing: June 6, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Hillsborough Tourism Board FY2022-23 Budget Ordinance Attachments: 1. FY2022-23 Tourism Board Budget Ordinance 2. FY2022-23 Tourism Board Budget Brief summary: The Hillsborough Tourism Board held a budget public hearing on June 6, 2022. Budget highlights include funding a grant proposal for Hillsborough Arts Council to expand the Solstice Lantern Walk and continued funding to key contract partners for on-going visitors services, marketing, and events throughout the year. Action requested: Approve or approve with conditions the FY23 Tourism Board budget. ISSUE OVERVIEW Background information and issue summary: The Hillsborough Tourism Board is public authority created by the Hillsborough Tourism Board enabled via G.S. 1993 Chapter 449 SB 808 and funded by a 1% Food and Beverage Tax. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.C Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE FY2022-23 Tourism Board Budget The Hillsborough Board of Commissioners ordains that the following budget ordinance is hereby adopted: Section 1. General Fund: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2022 and ending June 30, 2023: Food & Beverage Tax $400,000 Fund Balance Appropriation $ 19,435 TOTAL $419,435 The following amounts are hereby appropriated in the General Fund for the operation of the Tourism Board and its activities for the fiscal year beginning July 1, 2022 and ending June 30, 2023 in accordance with the Chart of Accounts heretofore established for the Tourism Board: Tourism Board $419,435 TOTAL $419,435 Section 2. The Town of Hillsborough will collect a Food & Beverage Tax and distribute the funds to the Tourism Board to fund its operations. These funds are listed as “Food & Beverage Tax” revenues in the General Fund in Section I of the ordinance. Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this budget. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Matt Hughes, Tourism Board Chair Jenn Weaver, Mayor Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning/Econ Dev. Public hearing: Yes Date of public hearing: June 8, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning and Economic Development Manager ITEM TO BE CONSIDERED Subject: Hillsborough Tourism Development Authority FY2022-23 Budget Ordinance Attachments: FY2022-23 TDA Budget Ordinance FY2022-23 TDA Budget Brief summary: The Hillsborough Tourism Development Authority held a budget public hearing on June 8, 2022. Budget highlights include funding for a specific lodging marketing campaign and the continuation of budgeted funds for the exploration of establishing a future performance venue. Action requested: Approve or approve with conditions the FY23 TDA budget. ISSUE OVERVIEW Background information and issue summary: The Hillsborough Tourism Development Authority is public authority created by the Hillsborough Tourism Board enabled via SESSION LAW 2011-69 SENATE BILL 269 and funded by a 3% Occupancy Tax. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.D Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE FY2022-23 Tourism Development Authority Budget The Hillsborough Board of Commissioners ordains that the following budget ordinance is hereby adopted: Section 1. General Fund: It is estimated that the following revenues will be available in the General Fund for the fiscal year beginning July 1, 2022 and ending June 30, 2023: Occupancy Tax $95,000 TOTAL $95,000 The following amounts are hereby appropriated in the General Fund for the operation of the Tourism Development Authority and its activities for the fiscal year beginning July 1, 2022 and ending June 30, 2023 in accordance with the Chart of Accounts heretofore established for the Tourism Development Authority: Tourism Development Authority $95,000 TOTAL $95,000 Section 2. The Town of Hillsborough will collect an Occupancy Tax and distribute the funds to the Tourism Development Authority to fund its operations. These funds are listed as “Occupancy Tax” revenues in the General Fund in Section I of the ordinance. Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this budget. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Matt Hughes, Tourism Board Chair Jenn Weaver, Mayor Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Administration Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Fire Station capital project ordinance and associated budget amendments Attachments: 1. Fire Station capital project ordinance 2. Budget changes detail report Brief summary: Establish the Fire Station capital project to reflect the $75,000 budgeted in the FY22 budget. Funds were budgeted in Fire Protection. This ordinance and associated budget amendments establish the project fund. Action requested: Approve the Fire Station capital project ordinance. Approve the Fire Station budget amendments. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: As indicated by each budget amendment. Staff recommendation and comments: Approve Fire Station project ordinance and associated budget amendments. For clerk’s use AGENDA ITEM: 4.E Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Fire Station Capital Project The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1. This ordinance is a capital project ordinance hereby authorizing the design and construction of a fire station. Section 2. Revenues anticipated to be available to the town to complete the project are hereby amended as follows: Fire Station $75,000 TOTAL $75,000 Section 3. Amounts appropriated for the capital project are hereby amended as follows: Fire Station $75,000 TOTAL $75,000 Section 4. This ordinance shall be amended in any manner to add additional appropriations, modify, or eliminate existing capital projects, and/or add new capital project, so long as it continues to fulfill the requirements of G.S. 159-13.2 and other applicable laws. Section 5. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 06/13/2022 TO 06/13/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 60-31-3870-3870-409 TRANSFER FROM GF-FIRE STATION 06/13/2022 0.00 75,000.00To est project fund 24486 75,000.00EBRADFORD 60-31-5350-5700-923 FIRE STATION 06/13/2022 0.00 75,000.00To est project fund 24487 75,000.00EBRADFORD 150,000.00 EBRADFORD 9:39:20PM06/06/2022 fl142r03 Page 1 of 1 Fire Station Fire Station AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Administration Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: Fiber Loop capital project ordinance amendment and associated budget amendments Attachments: 1. Fiber Loop capital project ordinance amendment 2. Budget changes detail report Brief summary: Amend the Fiber Loop capital project ordinance to reflect the $150,000 budgeted in the FY22 budget. Funds were budgeted in Information Technology. This ordinance amendment and associated budget amendments move the funds to the fiber loop project fund for expenditure. Action requested: Approve the Fiber Loop capital project ordinance amendment. Approve the Fiber Loop budget amendments. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: As indicated by each budget amendment. Staff recommendation and comments: Approve Fiber Loop project ordinance amendment and associated budget amendments. For clerk’s use AGENDA ITEM: 4.F Consent agenda Regular agenda Closed session ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Fiber Loop Capital Project Amendment The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows: Current Budget +/- Amended Budget Fiber Loop $150,000 $150,000 $300,000 Section 2. Amounts appropriated for the capital project are hereby amended as follows: Current Budget +/- Amended Budget Fiber Loop $150,000 $150,000 $300,000 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk BUDGET CHANGES REPORT TOWN OF HILLSBOROUGH FY 2021-2022 DATES: 06/13/2022 TO 06/13/2022 REFERENCE NUMBER DATE BUDGET CHANGE BUDGET ORIGINAL BUDGET AMENDEDCHANGE USER 60-04-3870-3870-403 TRANSFER FROM GF-FIBER LOOP 06/13/2022 150,000.00 150,000.00To adj per FY22 budget 24490 300,000.00EBRADFORD 60-04-6610-5700-747 FIBER LOOP 06/13/2022 150,000.00 150,000.00To adj per FY22 budget 24491 300,000.00EBRADFORD 300,000.00 EBRADFORD 9:37:58PM06/06/2022 fl142r03 Page 1 of 1 Fiber Loop Fiber Loop AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Community Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Terry Hackett, Stormwater & Environmental Services Manager ITEM TO BE CONSIDERED Subject: Membership Agreement for Clean Water Education Partnership (CWEP) Services Attachments: Membership Agreement for Clean Water Education Partnership (CWEP) Services Brief summary: The Clean Water Education Partnership (CWEP) is requiring members to sign an agreement in order to ensure that local government participation in CWEP will count towards Municipal Separate Storm Sewer System (MS4) Phase II permit requirements. The Town of Hillsborough is a current member of CWEP. Action requested: Approve and execute the CWEP membership agreement to continue the town’s membership and participation CWEP. ISSUE OVERVIEW Background information and issue summary: The Clean Water Education Partnership (CWEP) provides stormwater outreach and education on behalf of local governments who are members of CWEP. The Town of Hillsborough is a current member of CWEP, and the Stormwater and Environmental Services Division staff actively participate in the partnership and represent the town at CWEP meetings. Recently, North Carolina Division of Environmental Quality (NCDEQ) recommended that CWEP implement a membership agreement to formalize the services that CWEP provides. The agreement describes CWEP’s services and includes a statement that these services may only partially fulfill permit requirements. The agreement has been reviewed by the town attorney and stormwater staff, and staff recommend that the Board of Commissioners approve the execution of the agreement. Financial impacts: CWEP membership dues are included in the Stormwater and Environmental Services Division annual budget. Staff recommendation and comments: Staff recommends the approval and execution of this agreement. For clerk’s use AGENDA ITEM: 4.G Consent agenda Regular agenda Closed session 1  Membership Agreement for Clean Water Education Partnership (CWEP) Services Provided by the Triangle J Council of Governments This Memorandum of Understanding by and between the undersigned local government (Local Government) and the Triangle J Council of Governments (TJCOG) pertains to the services provided by TJCOG under the Clean Water Education Partnership (CWEP) program. WITNESSETH: WHEREAS, CWEP and local government stormwater programs have the same basic mission of providing stormwater outreach and education; and WHEREAS, CWEP is a program administered by TJCOG that has excelled in providing direct education and mass media to its wide variety of partner communities; NOW, THEREFORE, TJCOG, via CWEP, will prepare and make available to the Local Government the following direct education and mass media items: 1. TJCOG's CWEP Program will assist the Local Government with the following education/ outreach tasks during the term of this MOU related to direct educational programming: a.Provide physical and digital outreach materials for local governments and target audiences that describe target pollutants and their likely sources and impacts on water quality b.Maintain an internet website conveying the CWEP program's messages about stormwater pollution c.Make available for download via website outreach materials for target audiences, and distribute materials at in-person or digital community events d.Post on social media channels to promote CWEP’s key messages e.Provide unlimited local use and access to original and compiled educational materials on CWEP program website, to include educational videos, printable and digital lessons, lesson plans, and other resources useful for educating a variety of ages and audiences in various settings f.Coordinate annually with stormwater staff and/or relevant educational contacts (as requested by the Local Government) to schedule and conduct stormwater education activities that correlate with NC Essential Science Standards or provide opportunities for citizen participation which may include stream cleanups, citizen science activities, or similar efforts. CWEP will coordinate with the CWEP local government representative prior to contacting any formal educators in the member jurisdiction. g.Provide mechanisms on CWEP program website for public input on stormwater issues 2  2.TJCOG's CWEP program will assist the Local Government with the following mass media programming: a.Coordinate an annual outreach campaign in the form of Public Service Announcements (PSAs) administered by local service providers, which includes the following: i.Videos about common target pollutants, their likely sources, their negative impact on water quality, and best practices for target audiences likely to have significant stormwater impacts ii.Static and animated banner ads about stormwater quality that link to the program website iii.Approximately 12 weeks (as market costs allow) of digital pre-roll video PSAs, spread across popular stations with the aim of reaching a variety of target audiences. iv.Approximately 8 weeks (as market costs allow) of television, radio, social media and/or digital PSAs across popular stations with the aim of reaching a variety of target audiences. CWEP will make an effort to ensure that media reach adequately covers member jurisdictions. Additional stations/programs may be proposed by local media companies and approved collectively by members. v.Print and digital advertising in Spanish-language newspaper(s). b.Provide unlimited local use and access to outreach materials created for CWEP Partners to inform target audiences about target pollutants, their likely sources and impacts on water quality c.Provide unlimited local use and access of digital media materials for Partner jurisdictions’ use in public buildings, parks, DMV locations, outdoor movies, etc d.Promote regional education and engagement events such as the CWEP Regional Creek Week through CWEP website and social media platforms Local Governments may use the tasks above to help comply with NPDES MS4 stormwater education requirements or nutrient strategy stormwater education requirements. The Local Government’s signature on this MOU (and MS4 permit number if applicable) signifies an understanding that any one of the items listed above may only partially fulfill its education requirements during an audit from NC DEQ. Accordingly, the Local Government acknowledges that it is ultimately responsible for meeting all federal and state laws, rules and regulations related thereto. The Local Government and CWEP share responsibility for determining how specific objectives can be cooperatively achieved, with the understanding that CWEP supplements local efforts to comply with regulatory requirements. The Local Government is highly encouraged to send one or more representatives to CWEP’s quarterly steering committee meetings to collaborate on strategies. CWEP will make every reasonable attempt, as permitted by available staffing and supplies, to independently and proactively address the objectives in the Local Government’s community, and will update the CWEP Local Government representative each quarter to offer opportunities for discussion and collaboration. The Local Government agrees to pay TJCOG for the services provided herein based on a fee schedule adopted by TJCOG, voted on by CWEP Local Governments, and incorporated herein by reference. The fee schedule and individual Local Governments' cost shares may change annually in the second and third year of the agreement if population estimates generated by the NC State Demographer’s Office show population changes. The period of performance under, and the term of, this MOU will begin on July 1, 3  2022 and will conclude on June 30, 2025. This agreement automatically renews for a total of 3 years unless either party gives 90-day notice prior to end of the term. The Local Government reserves the unilateral right to terminate this MOU for cause or convenience (in the case of cause, immediately, and in the case of convenience, upon 90 calendar days’ written notice), whereupon CWEP and TJCOG will only be entitled to prorated compensation for services properly rendered up to the date of termination. CWEP will provide an annual report by August 31 on the prior fiscal year's local and regional outreach and education, to include both description and numbers for both mass media and direct education efforts. Interim numbers can be provided as needed. IN WITNESS WHEREOF, both the Local Government and TJCOG have caused this MOU to be executed by their chief executive officers, all as of the day and year first above written. ________________________________ City/Town/County Name ________________________________ Signatory Print Name _________________________________ Signature TRIANGLE J COUNCIL OF GOVERNMENTS ___________________________________ Executive Director, TJCOG ______________________________ MS4 Permit Number, if applicable __________________ Title ________________ Date Signed ________________ Date Population* for FY23 (based on FY23 Base July 2020 certified pop from NC Cost Share Cost State Demographics) ($0.041 per cap) Town of Apex 2,5 $2,000 59,368 $4,434 Town of Benson 2 $2,000 3,998 $2,164 Town of Butner 2 $2,000 8,401 $2,344 Town of Carrboro 2,5 $2,000 21,344 $2,875 Town of Cary 1,2,5 $2,000 175,635 $9,201 Town of Chapel Hill 2,5 *$2,000 54,236 $4,224 Chatham County 5,6 $2,000 60,349 $4,474 Town of Clayton 2 $2,000 26,517 $3,087 City of Creedmoor 2 $2,000 4,869 $2,200 City of Durham 1,3,5 $2,000 284,317 $13,657 Durham County 1,5 $2,000 37,167 $3,524 City of Fayetteville 2,3 *$2,000 188,230 $9,717 Town of Fuquay-Varina 2 $2,000 34,604 $3,419 Town of Garner 1,2 $2,000 31,306 $3,284 City of Goldsboro 1,2 $2,000 34,156 $3,400 City of Havelock 1 $2,000 17,759 $2,728 Town of Hillsborough 2 $2,000 9,681 $2,397 Town of Holly Springs 2 $2,000 41,711 $3,710 Town of Hope Mills 2 $2,000 17,811 $2,730 Johnston County 1 $2,000 154,728 $8,344 City of Kinston 1 $2,000 19,873 $2,815 Town of Knightdale 2 $2,000 19,656 $2,806 Town of Leland 2 $2,000 23,049 $2,945 Town of Morrisville 2,5 $2,000 29,925 $3,227 Nash County 4,6 $2,000 41,284 $3,693 Town of Nashville 2,4 $2,000 5,635 $2,231 City of New Bern 1,2 $2,000 31,240 $3,281 Orange County 1,5,6 $2,000 55,500 $4,276 City of Oxford 4 $2,000 8,632 $2,354 Town of Pittsboro 5 $2,000 4,556 $2,187 City of Raleigh 1,3 *$2,000 468,977 $21,228 City of Rocky Mount 2,4 $2,000 54,309 $4,227 Town of Rolesville $2,000 19,278 $2,790 City of Roxboro 2 $2,000 8,131 $2,333 Town of Siler City $2,000 7,733 $2,317 Town of Smithfield 1 $2,000 11,378 $2,466 Town of Spring Lake 2 $2,000 11,662 $2,478 Town of Tarboro 4 $2,000 10,685 $2,438 Town of Wake Forest 2 $2,000 48,062 $3,971 Wayne County 1,6 $2,000 75,399 $5,091 Town of Wendell 1,2 $2,000 9,901 $2,406 Town of Zebulon 2 $2,000 6,969 $2,286 1. Subject to Neuse River Basin Nutrient Management Regulations. 2. Subject to NPDES Phase II Stormwater Regulations. 3. Subject to NPDES Phase I Stormwater Regulations. 4. Subject to Tar-Pamlico River Basin Nutrient Management Regulations. 5. Subject to Jordan Lake Nutrient Management Regulations. 6. MS4 Post-Construction "Tipped Counties" *Populations have been adjusted for group quarters covered by another state stormwater permit Exhibit A. CWEP FY23 Fee Schedule Example Only; will be updated annually as certified population estimates are updated. TJCOG Clean Water Education Partnership Program FY23 Fee Schedule AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Community Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Margaret A. Hauth, Assistant Town Manager ITEM TO BE CONSIDERED Subject: FY23 HOME Annual Action Plan and annual funding allocation Attachments: 1. Draft FY23 Annual Action Plan 2. Resolution detailing the FY23 Annual Funding Plan and authorizing submittal of both documents to HUD Brief summary: These two actions happen each year as part of the town’s participation in the HOME consortium with our neighbors to receive federal funds. This normally happen in May, but HUD delayed releasing funding information and extended the response date to July. The draft budget includes the town’s share of the local match, using the 2020 Census percentages. Action requested: Adopt resolution authorizing the submittal of these two FY23 documents to HUD. ISSUE OVERVIEW Background information and issue summary: See above. Financial impacts: The draft budget includes the town’s share of the local match, using the 2020 Census percentages. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.H Consent agenda Regular agenda Closed session Annual Action Plan FY 2022-2023 1 Orange County, North Carolina HOME Consortium FY 2022 – 2023 Annual Action Plan Orange County, Town of Carrboro, Town of Chapel Hill, and Town of Hillsborough Annual Action Plan FY 2022-2023 2 Table of Contents AP-05 Executive Summary ........................................................................................................................ 3 PR-05 Lead & Responsible Agencies ......................................................................................................... 7 AP-10 Consultation ................................................................................................................................... 8 AP-12 Participation ................................................................................................................................. 13 AP-15 Expected Resources ...................................................................................................................... 15 AP-20 Annual Goals and Objectives ........................................................................................................ 17 AP-35 Projects ......................................................................................................................................... 18 AP-38 Project Summary .......................................................................................................................... 19 AP-50 Geographic Distribution ............................................................................................................... 22 AP-55 Affordable Housing ....................................................................................................................... 22 AP-60 Public Housing .............................................................................................................................. 23 AP-65 Homeless and Other Special Needs Activities .............................................................................. 24 AP-75 Barriers to Affordable Housing ..................................................................................................... 26 AP-85 Other Actions ................................................................................................................................ 27 AP-90 Program Specific Requirements ................................................................................................... 29 Annual Action Plan FY 2022-2023 3 AP-05 Executive Summary Introduction The Orange County, North Carolina HOME Consortium, is a Participating Jurisdiction in the U.S. Department of Housing & Urban Development’s (HUD) HOME Investment Partnerships Program (HOME). Under the HOME Program, local governments are able to join together to form a consortium in order to receive HOME funding for affordable housing. The Orange County HOME Consortium is made up of four (4) members: Orange County, the Town of Carrboro, the Town of Chapel Hill, and the Town of Hillsborough, with Orange County serving as the lead entity. The Town of Chapel Hill also receives Federal Community Development Block Grant (CDBG) funds each year. Orange County is required to complete an annual plan for the use of HOME funds to HUD, called the Annual Action Plan. The Annual Action Plan is a guide to how the County will allocate its resources for specific activities that support the Goals and Objectives of the Orange County HOME Consortium’s Five Year Consolidated Plan. This is the HOME Consortium’s third Annual Action Plan of the 2020-2025 Five Year Consolidated Plan. The Consolidated Plan describes the housing and non-housing needs of County residents and presents a five-year strategy to address those needs. This Annual Action Plan outlines how Orange County will use HOME funds to address the goals and priorities in the Consolidated Plan and which activities the County will undertake using HOME funds during the upcoming program year. The Orange County HOME Program Year aligns with the County Fiscal Year, beginning July 1 and ends June 30 of each year. This Annual Action Plan is for funds for Fiscal Year (FY) 2022-2023, which begins July 1, 2022 and ends June 30, 2023. The FY 2022-2023 Annual Action Plan outlines the actions to be undertaken with the HOME funds to be received by the Orange County HOME Consortium. This plan excludes the Town of Chapel Hill’s CDBG program; the Town will complete a separate Annual Action Plan for its CDBG allocation from HUD. Based on HUD’s FY 2022 budget numbers, the Orange County HOME Consortium anticipates receiving $443,498 in awarded funds, $13,306 in HOME program income and the Consortium members will provide $99,787 in HOME Match. Orange County will use 10% of awarded funds for administration – $44,350. In total, Orange County will have $512,241 available to award for FY 2022-2023. FY 2022-2023 Budget: Orange County proposes to undertake the following activities with FY 2022-2023 HOME funds: HOME-21-01 - Habitat for Humanity, Homebuyer Assistance $167,241 HOME-21-02 - Community Empowerment Fund, Homebuyer Assistance $90,000 HOME-21-03 - EmPOWERment, Inc., Rental Acquisition $105,000 HOME-21-04 - Rebuilding Together of the Triangle, Mobile Home Acquisition: $150,000 Total $512,241 Annual Action Plan FY 2022-2023 4 Summarize the objectives and outcomes identified in the Plan The goal of the Orange County HOME Program is to improve the quality of housing for County residents by retaining and increasing the supply of affordable housing units for both owner occupants and renters and by providing homeownership opportunities for low- and moderate-income residents. The Consolidated Plan is a five-year guide that the Orange County HOME Consortium uses to address its housing and community development initiatives. Based on the Housing Needs Assessment, Market Analysis, and community and stakeholder input received during the Consolidated Planning process, the Strategic Plan portion of the Plan establishes the following priorities: • Housing for People Experiencing Homelessness; • Housing for Low- and Moderate-Income Households; • Integrated Housing for People with Special Needs; and • Community/Economic Development and Services. During FY 2022-2023 HOME Program Year, the County proposes to address the following priority need categories identified in the 2020 Consolidated Plan: • Housing for People Experiencing Homelessness; and • Housing for Low- and Moderate-Income Households. Evaluation of past performance Orange County has a good performance record with HUD and the County regularly meets the performance standards established by HUD. The County prepares a Consolidated Annual Performance and Evaluation Report (CAPER) each year. Typically, this report is submitted within ninety (90) days after the start of the new program year. An electronic copy of the CAPER is available for review at the Orange County Housing and Community Development Department website www.orangecountync.gov/Housing. Hard copies are available upon request. The FY 2020-2021 CAPER (submitted in 2021), the first CAPER for the FY 2020-2025 Five Year Consolidated Plan, indicates that in program year 2020, the County expended $199,174.01 in HOME funds and $44,799.48 in local Match funds (a total of $243,973.49 in expenditures). These funds included FY 2020 administrative funds, as well as funds from prior years (FY 2019, 2018, and 2016). Funds spent in FY 2020 were used to: • Administer the HOME grant ($37,476.10 in FY 2020 funds); • Provide homeownership assistance to two (2) low-income homebuyers ($45,000 in FY 2018 funds); • Acquire one (1) unit to be preserved as affordable rental housing ($145,000 in FY 2018 funds); • Provide tenant-based rental assistance to 12 low-income renter households ($6,580.32 in FY 2016 funds, $70,617.59 in FY 2018 funds, and $19,299.48 in Match funds); and • Provide homeownership assistance to five (5) low-income homebuyers ($84,500 in FY 2019 funds and $25,500 in Match funds). Annual Action Plan FY 2022-2023 5 The HOME Consortium strives to operate its HOME program in a timely manner and in accordance with applicable regulations and match requirements. Summary of Citizen Participation Process and consultation process Developing the Annual Action Plan includes receiving requests for HOME funding from local agencies and organizations; review of funding applications and development of funding recommendations by the Orange County Local Government Affordable Housing Collaborative (the Collaborative), which consists of one (1) elected official from each of the governing boards of Orange County, the Town of Carrboro, Town of Chapel Hill, and Town of Hillsborough; soliciting resident input on those funding recommendations; and drafting the Annual Action Plan to reflect final funding decisions and funded activities for the upcoming program year. All HOME-funded activities benefit low- and moderate-income residents of Orange County. Orange County has an approved Citizen Participation Plan, as required by HUD, which is available on the Orange County Department of Housing and Community Development website (www.orangecountync.gov/Housing) or in hard copy upon request. The County has abided by its Citizen Participation Plan in the preparation and development of the FY 2022-2023 Annual Action Plan. The Orange County HOME Consortium solicited applications for the FY 2022-2023 HOME program in December of 2021, and applications were due on February 25, 2022. On March 3, 2022, the Collaborative met to review the applications received and develop a funding plan to be approved by each of the governing boards of the four (4) member jurisdictions of the Consortium. In reviewing applications and making awards for the 2022-2023 Orange County HOME Program, the stakeholder input gathered during the Consolidated Planning process and the priorities and goals ultimately identified in the 2020-2025 Consolidated Plan were considered. The Consortium’s funding plan was the basis for drafting the FY 2022-2023 Annual Action Plan. The draft Annual Action Plan was posted to the County’s website on March 30, 2022 and distributed electronically to more than 100 stakeholders to solicit input and feedback. The Consortium held a public hearing on the draft plan first on April 26, 2022 and again on June 7, 2022. Public notice of the both hearings were made by email notification to known stakeholders, advertisement in The Herald Sun and La Notícia (a Spanish language newspaper), social media posts, and advertisement in the Orange County newsletter. At the public hearing, residents had the opportunity to give their input and ideas on the proposed HOME-funded activities for FY 2022-2023. Draft Annual Action Plan: The draft FY 2022-2023 Annual Action Plan was on public display beginning Friday, April 1, 2022 through Monday, May 2, 2022, a period of 31 days. The FY 2022-2023 Annual Action Plan was posted on the Orange County Department of Housing and Community Development’s website (www.orangecountync.gov/Housing) and hard copies were made available upon request at the following locations: Annual Action Plan FY 2022-2023 6 • Orange County Housing and Community Development Department, 300 W. Tryon Street, Hillsborough, NC 27278; • Orange County Housing and Community Development Department, 2501 Homestead Road, Chapel Hill, NC 27516; • Town of Carrboro Town Hall, 301 W Main Street, Carrboro, NC 27510; • Town of Chapel Hill Town Hall, 405 M.L.K. Jr Blvd, Chapel Hill, NC 27514; and • Town of Hillsborough Town Hall, 101 E Orange St, Hillsborough, NC 27278. Summary of public comments Public comments received during the public hearing held on April 26, 2022 and during the public comment period from April 1, 2022 to May 2, 2022 are summarized in section AP-12 Participation. All comments were incorporated into on the FY 2022-2023 Annual Action Plan. [FINAL ANNUAL ACTION PLAN WILL INCORPORATE ANY PUBLIC COMMENTS MADE ON JUNE 7, 2022] Summary The FY 2022-2023 Annual Action Plan for the Orange County HOME Consortium outlines which activities the County will undertake using HOME funds during the program year beginning July 1, 2022 and ending June 31, 2023. This is the County's third year of the 2020 Five-Year Consolidated Plan. During the FY 2022-2023 program year, the Orange County HOME Consortium will receive the following revenue: • FY 2022-2023 HOME Funds: $443,498, less 10% administration costs = $399,148 • HOME Program Income: $ 13,306 • HOME Match: $ 99,787 Total: $512,241 During the FY 2022-2023 HOME program year, the Orange County HOME Consortium proposes to address the following priority need categories from the 2020 Consolidated Plan: • Housing for People Experiencing Homelessness: Provide affordable rental housing for households experiencing homelessness. o Priority Level: High o Associated Goals: Rental Construction, Rental Assistance, Housing Rehabilitation/ Preservation, Grant Administration • Housing for Low- and Moderate-Income Households: Provide affordable housing (both rental and ownership) for households with moderate and low incomes, especially those with extremely low incomes. o Priority Level: High Annual Action Plan FY 2022-2023 7 o Associated Goals: Rental Construction, Rental Assistance, Housing Rehabilitation/ Preservation, Home Ownership Construction, Home Buyer Assistance, Grant Administration PR-05 Lead & Responsible Agencies Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency Orange County, NC HOME Administrator Orange County, NC Department of Housing and Community Development Table 1 – Responsible Agencies Consolidated Plan Public Contact Information Corey Root, Housing Director, Orange County Phone: 919-245-2490 Email: croot@orangecountync.gov Office Address: 300 W. Tryon Street, Hillsborough, NC 27278 Mailing Address: PO Box 8181, Hillsborough, NC 27278 Annual Action Plan FY 2022-2023 8 AP-10 Consultation Introduction Consultation with community stakeholders was a critical component in the development of the 2020- 2025 Consolidated Plan. Consultation helped the Orange County HOME Consortium identify and prioritize community needs, develop strategies, and coordinate subsequent action plans. This process also facilitated information sharing regarding community resources and promotes coordination within the Consortium and its member jurisdictions. During development of the Consolidated Plan in early 2020, the Consortium consulted with social services agencies, service providers, community-based organizations, housing providers, local government agencies and boards, neighborhood leaders, and elected officials. Two (2) questionnaires were created and distributed to both residents and stakeholders to help identify needs, gaps, and priorities for the next five years. The resident questionnaire was available online in three (3) languages (English, Spanish, and Burmese) and in hard copy in four (4) languages (English, Spanish, Burmese, and Karen). Input from a series of in-person and online meetings as well as the questionnaires were used in the development of the strategies and priorities detailed in the Consolidated Plan. In developing the FY 2022-2023 Annual Action Plan and making funding awards for the 2022-2023 Orange County HOME Program, the stakeholder input gathered during the Consolidated Planning process and the priorities and goals ultimately identified in the 2020-2025 Consolidated Plan were considered. The Orange County Local Government Affordable Housing Collaborative (the Collaborative), which consists of one (1) elected official from each of the governing boards of Orange County, the Town of Carrboro, Town of Chapel Hill, and Town of Hillsborough, was the key entity consulted on funding recommendations for the FY 2022-2023 HOME Program and thereby the development of the FY 2022-2023 Annual Action Plan. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). Orange County works with the following agencies to enhance coordination: • Orange County Housing Authority: Housed within the Department of Housing and Community Development, the Housing Authority operates the Section 8 Housing Choice Voucher Program for Orange County. • Town of Chapel Hill Public Housing and Affordable Housing and Community Connections Departments: The Town of Chapel Hill manages public housing communities in Chapel Hill. • Orange County Partnership to End Homelessness (OCPEH): Housed within the Department of Housing and Community Development, OCPEH acts as the Continuum of Care (CoC) lead for Orange County and coordinates among local governments and service providers (including those providing health services) to meet the housing and services needs of housing insecure Orange County residents. Annual Action Plan FY 2022-2023 9 • Social Services Agencies: The County provides funds to improve services to low- and moderate- income people. • Housing Providers: The County provides funds to rehabilitate and develop affordable housing and provide housing options for low- and moderate-income households. Each year, as part of the HOME and CDBG application planning process, local agencies and organizations are invited to submit proposals for HOME and CDBG funds for eligible activities. These groups participate in the planning process by attending informational meetings, receiving technical assistance from the Consortium, and attending public hearings. The outreach process facilitates communication around affordable housing in Orange County and how public and private agencies and organizations can help address the most urgent needs. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The Orange County HOME Consortium coordinates extensively with the Orange County Partnership to End Homelessness (OCPEH) that serves as the Continuum of Care (CoC) for Orange County. The four (4) jurisdictions participating in the Orange County HOME Consortium – Orange County and the Towns of Chapel Hill, Hillsborough and Carrboro – fund OCPEH, sharing costs based on population. Elected officials from each jurisdiction serve on the CoC board, and staff from the two jurisdictions that have Public Housing Authorities also have ex officio board seats with full voting privileges. In this way, the jurisdictions direct all efforts to end homelessness, including funding decisions and policy priorities. OCPEH staff meet weekly with Orange County Housing and Community Development staff, and are co- located in this department. OCPEH staff meet regularly with all jurisdiction staff, and present annually to the four elected boards on the work of OCPEH. Starting in 2016, OCPEH created a system map and gaps analysis of homeless services in Orange County, and has updated this document annually with the latest update issued December 2021. OCPEH staff also serve with staff from the four jurisdictions on the Orange County Affordable Housing Coalition, a group of affordable housing developers, funders, advocates, and staff seeking to collaboratively increase affordable housing units in Orange County. OCPEH staff contribute information and ideas to the Consolidated Plan and to the Annual Action Plan updates. OCPEH leads efforts, in conjunction with the HOME Consortium, to end homelessness in Orange County. OCPEH directs the work of the bi-annual Plan to End Homelessness and ongoing coordination among service providers through seven monthly standing meetings. In addition to the CoC board, HOME Consortium members participate regularly in these CoC workgroups, including care coordination using a by-name list. OCPEH operates coordinated entry for people in housing crisis by directing people to appropriate resources including homelessness diversion, shelter/emergency response referrals, and permanent housing resources. Coordinated entry prioritizes permanent supportive housing for people experiencing chronic homelessness. OCPEH has a standing monthly meeting with veteran service providers to Annual Action Plan FY 2022-2023 10 particularly address ending veteran homelessness, including care coordination using a veterans-only by- name list. As part of the gaps analysis, OCPEH seeks to increase the quality and availability of Rapid Rehousing for all people experiencing homelessness, including families. OCPEH coordinates the annual Point-in-Time count in conjunction with HOME Consortium members, and has not found unaccompanied youth in any year. OCPEH works closely with youth services providers and LGBTQ service providers and advocates to ensure no youth are going uncounted. One of the current system gaps is a youth homeless program to serve youth experiencing homelessness. Overall, OCPEH coordinates with HOME Consortium members to continue to fill system gaps and make updates the homeless gaps analysis. Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS HOME Consortium members serve on the OCPEH Leadership Team, the CoC board that determines ESG allocations each year. HOME Consortium members also serve on the CoC Project Review Committee that determines program performance standards, evaluates program outcomes, crafts funding priorities, and creates recommendations for CoC and ESG funding for Leadership Team approval. Project Review Committee members look at program data each quarter to keep eyes on program outcomes and help with funding decision-making during application periods. The Project Review Committee determines funding policies and procedures annually during the CoC and ESG grant competitions. The CoC contracts with the statewide Coalition to End Homelessness to serve as HMIS lead, and administers HMIS in consultation with the Leadership Team, as CoC board, inclusive of HOME Consortium members. In 2016-2017 the Orange County Partnership to End Homelessness (OCPEH) gathered people with lived experience of homelessness, homeless service providers, community leaders, and state homeless experts to map the homeless service system in Orange County. This process created the Orange County homeless system map and the homeless system gaps analysis. OCPEH staff typically update the gaps analysis each year; the last update was completed in December 2021. Annual Action Plan FY 2022-2023 11 Agencies, groups, organizations and others who participated in the process and consultations 1 Agency/Group/Organization Habitat for Humanity of Orange County Agency/Group/Organization Type Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Habitat for Humanity of Orange County applied for FY 2022-2023 HOME funds. 2 Agency/Group/Organization EmPOWERment, INC. Agency/Group/Organization Type Housing Services - Housing Services - Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? EmPOWERment, Inc. applied for FY 2022-2023 HOME funds. 3 Agency/Group/Organization Community Empowerment Fund Agency/Group/Organization Type Services - Housing Services - Employment What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Community Empowerment Fund applied for FY 2022-2023 HOME funds. 4 Agency/Group/Organization Rebuilding Together of the Triangle Agency/Group/Organization Type Housing Services - Housing Services - Rehabilitation What section of the Plan was addressed by Consultation? Housing Need Assessment Annual Action Plan FY 2022-2023 12 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Rebuilding Together of the Triangle applied for FY 2022-2023 HOME funds. 5 Agency/Group/Organization Gateway Village Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Gateway Village applied for FY 2022- 2023 HOME funds. 6 Agency/Group/Organization Orange County Partnership to End Homelessness Agency/Group/Organization Type Services-homeless Other government - County Other government - Local What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? OCPEH was consulted to ascertain the current, most pressing needs of people experiencing homelessness in the community. Table 2 – Agencies, groups, organizations who participated Annual Action Plan FY 2022-2023 13 Identify any Agency Types not consulted and provide rationale for not consulting All Agency Types were consulted in the development of the 2020-2025 Consolidated Plan, which lays out the goals and strategies upon which this Annual Action Plan is based. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Orange County Partnership to End Homelessness The goals are compatible. Table 3 – Other local / regional / federal planning efforts Narrative The Orange County HOME Consortium is a cooperative venture of Orange County and the Towns of Carrboro, Chapel Hill, and Hillsborough. There is an excellent working relationship between all the jurisdictions. In addition, there is an excellent rapport with the Continuum of Care and its member organizations. AP-12 Participation Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The FY 2022-2023 Annual Action Plan has many components that include citizen participation. These components included: soliciting applications for funding from local agencies and organizations; meeting with agencies/organizations to provide technical assistance on how to complete the HOME application; review of applications by elected officials from the County and the Towns (the Local Government Affordable Housing Collaborative), and two public hearings on the proposed funding plan for FY 2022- 2023 HOME funds and draft Annual Action Plan. All public comments received during the public comment period, running from April 1 through May 2, 2022, and at both public hearings on April 26, 2022 and June 7, 2022 are included in the Annual Action Plan. Annual Action Plan FY 2022-2023 14 Citizen Participation Outreach 1) Newspaper Ad Mode of Outreach: Newspaper Ad Target of Outreach: Minorities; Non-English Speaking: Spanish; Non-targeted/broad community Summary of response/attendance: No responses received Summary of comments received: No comments received Summary of comments not accepted and reasons: N/A URL (If applicable): N/A 2) Public Hearing Mode of Outreach: Public Hearings Target of Outreach: Minorities; Non-English Speaking: Spanish; Persons with disabilities; Non-targeted/broad community; Residents of Public and Assisted Housing, Relevant local agencies and organizations Summary of response/attendance: One member of the public signed up to speak, no other comments received. Summary of comments received: Douglas Call, of Habitat for Humanity, said his organization helps homeowners with down payments. He said these down payments are getting larger and larger due to the increase in values. He said in FY17 they were given $285,000 and they helped twelve families. He said that in FY20 there was less money available at $131,000, and that helped six families. He said that last year, $450,000 was allocated to help fifteen families at $30,000 each. He said they have nineteen homes they plan to close on this year. He said they hope to serve affordable housing community as much as possible. He said that it will allow only $7,000 for each family. He said they had requested $475,000 but these requests were made before the conflict in Ukraine. He said there are a lot of changes in the amount of money that is allocated from federal dollars. He said he was here to give details on how they use the funding and if further monies become available, he will return to make a request to add to that amount. He said that some homes built in Hillsborough that were assessing for $180,000 3-4 years ago are now assessing at $300,000. Any comments received at the June 7, 2022 public hearing will be placed here. Summary of comments not accepted and reasons: All comments were accepted and incorporated into the Annual Action Plan. URL (If applicable): http://orangecountync.gov/967/Meeting-Videos 3) Internet Outreach Mode of Outreach: Internet Outreach Target of Outreach: Minorities; Non-English Speaking: Spanish, Burmese, Karen; Persons with disabilities; Non-targeted/broad community; Residents of Public and Assisted Housing; Relevant local agencies and organizations Summary of response/attendance: N/A Summary of comments received: No comments received. Summary of comments not accepted and reasons: N/A. URL (If applicable): http://orangecountync.gov/2336/HOME-Program Table 4 – Citizen Participation Outreach Annual Action Plan FY 2022-2023 15 AP-15 Expected Resources Introduction The Orange County HOME Consortium will receive $443,498 in 2022 HOME funds, $99,787 in HOME Match funds, and $13,306 in HOME Program Income for the FY 2022-2023 program year. The program year is from July 1, 2022 through June 31, 2023. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA $443,498 $13,306 0 $456,804 (not including match) $784,098 The Orange County HOME Consortium will receive $443,498 in annual allocation plus $13,306 in program income Table 2 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The Orange County HOME Consortium uses cash as the local Match for HOME funds. The estimated Match contribution for FY 2022-2023 is $99,787. In addition, Orange County leverages other funds from a variety of sources to address the needs identified in the plan, including but not limited to: • Home Repair and Rehabilitation: Orange County has received funds for home repair and rehabilitation under the North Carolina Housing Finance Agency's 2021 Urgent Repair Program ($100,000) and 2020 Essential Single-Family Rehabilitation Loan Pool program ($190,000). • Emergency Housing Assistance: Orange County leverages local funds from the County and Annual Action Plan FY 2022-2023 16 Towns, as well as CDBG and CDBG-CV funds from Chapel Hill and CDBG-CV funds awarded by the North Carolina Department of Commerce to the Towns of Hillsborough, Carrboro, and Orange County, to operate the Emergency Housing Assistance (EHA) program. EHA provides financial assistance for eviction and homelessness prevention through emergency rent, mortgage, and utility payments, as well as security deposits, application fees, and other costs to help households experiencing homelessness move in to housing. • Rapid Rehousing Program: Orange County uses HOME funds as well as ESG and ESG-CV funds from the North Carolina Department of Health and Human Services to operate a Rapid Rehousing program that provides short- to mid-term rental assistance, depending on the tenant's needs, to people experiencing homelessness, through the local Continuum of Care (CoC). • Other Local Funds for Affordable Housing: A variety of other local funding sources are used for affordable housing activities, including: Outside Agency/Human Services Funding, Carrboro Affordable Housing Fund, Chapel Hill Affordable Housing Development Reserve, Chapel Hill Affordable Housing Fund, and Chapel Hill Affordable Housing Bond. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Some of the Consortium's member jurisdictions own surplus land and regularly evaluate their inventory to identify sites suitable for affordable housing activities, including the Town of Chapel Hill's public housing communities. All member jurisdictions actively collaborate with private and public entities to assist them in acquiring property for projects that address the needs identified in this plan. For example, the jurisdictions are involved in the Northside Neighborhood Initiative, a land bank in historically black neighborhoods in Chapel Hill and Carrboro that is funded in part by the University of North Carolina, the Center for Community Self-Help, and the Oak Foundation. The Town of Chapel Hill has one affordable housing development project on Town-owned land expected to begin construction in summer 2022 and two other projects on Town-land expected to receive zoning entitlements to develop or redevelop affordable housing in spring 2022. Discussion Although there are limited resources available to address the needs identified in the Consolidated Plan, the Consortium member jurisdictions are continuously collaborating to maximize what resources are available and develop new ones. Annual Action Plan FY 2022-2023 17 AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Home Buyer Assistance 2022 2027 Affordable Housing Orange County Down payment assistance $257,241 Direct Financial Assistance to Estimated 26 Homebuyers 2 Rental Acquisition 2022 2027 Affordable Housing Homeless Non- Homeless Special Needs Carrboro Affordable housing acquisition $105,000 1 rental unit acquired 3 Housing Rehabilitation/ Preservation 2022 2027 Affordable Housing Non- Homeless Special Needs Orange County Affordable housing preservation $150,000 Rental units rehabilitated: 2 Units Table 3 – Goals Summary Goal Descriptions 1 Goal Name Home Buyer Assistance Goal Description Provide direct assistance to buyers to help them purchase affordable homes. 2 Goal Name Rental Acquisition Goal Description Purchase of rental unit affordable to people with low incomes 3 Goal Name Housing Rehabilitation/Preservation Goal Description Repair and reconstruction of existing owned housing. Annual Action Plan FY 2022-2023 18 AP-35 Projects Introduction The Orange County HOME Consortium proposes to undertake the following activities with FY 2022-2023 HOME funds: # Project Name 1 Habitat for Humanity – Homebuyer Assistance 2 Community Empowerment Fund – Homebuyer Assistance 3 EmPOWERment – Rental Acquisition 4 Rebuilding Together of the Triangle - Homeowner Rehabilitation/Reconstruction 5 Administration – 2022 Table 4 – Project Information Annual Action Plan FY 2022-2023 19 AP-38 Project Summary Project Summary Information 1 Project Name Habitat for Humanity – Homebuyer Assistance Target Area County-wide Goals Supported Home Buyer Assistance Needs Addressed Housing for Low- and Moderate-Income Households Funding HOME: $134,661 Local Match: $32,579 Total: $167,241 Description Provide assistance to an estimated 6 low-income households for the purchase of affordable homes. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities 5 households at 30% - 50% AMI and 1 household at 50% - 80% AMI Location Description 118 Hill Street, Hillsborough; 307 N Roberson Street, Chapel Hill; 2200 Homestead Road, Chapel Hill Planned Activities Down payment assistance 2 Project Name Community Empowerment Fund – Homebuyer Assistance Target Area County-wide Goals Supported Home Buyer Assistance Needs Addressed Housing for Low- and Moderate-Income Households Funding HOME: $72,468 Local Match: $17,532 Total: $90,000 Description Provide assistance to an estimated 20 low-income households for the purchase of affordable homes. Target Date 12/31/2023 Estimate the number and type of families that will benefit from the proposed activities 19 households at 30% - 50% AMI and 1 household at 50% - 80% AMI Location Description Locations to be determined Planned Activities Down payment assistance 3 Project Name EmPOWERment - Rental Acquisition Target Area Carrboro, NC Annual Action Plan FY 2022-2023 20 Goals Supported Rental Acquisition Needs Addressed Housing for Low- and Moderate-Income Households Funding HOME: $84,546 Local Match: $20,455 Total: $105,000 CHDO set aside $66,525 Description Provide funds to purchase 1 townhome in Carrboro Target Date 7/1/2022 Estimate the number and type of families that will benefit from the proposed activities 1 household at 60% or below AMI Location Description Carrboro, NC Planned Activities Rental Acquisition 4 Project Name Rebuilding Together of the Triangle - Homeowner Rehabilitation/Reconstruction Target Area Unincorporated Orange County Goals Supported Housing Rehabilitation/Preservation Needs Addressed Affordable housing preservation Funding HOME: $120,779 Local Match: $29,221 Total: $150,000 Description Purchase of 2 mobile homes to replace existing units Target Date 12/31/23 Estimate the number and type of families that will benefit from the proposed activities 1 household at 30% - 50% AMI and 1 household at 50% - 80% AMI Location Description Both project sites will be located on owner-occupied land outside municipal jurisdictions that have an uninhabitable mobile home on them. Planned Activities Manufactured home replacement for two Orange County property owners who are currently living in hazardous conditions due to deteriorating manufactured housing units 5 Project Name Administration – 2022 Target Area County-wide Annual Action Plan FY 2022-2023 21 Goals Supported Home Buyer Assistance Rental Construction Housing Rehabilitation/Preservation Needs Addressed Housing for People Experiencing Homelessness Housing for Low- and Moderate-Income Households Funding HOME: $44,350 Description Funds for administration of the HOME Program will be allocated to the Orange County Housing and Community Development Department. Total funds will equal 10% of the 2022 HOME award of $443,498 Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Administration will support HOME-funded housing activities. Location Description N/A Planned Activities Administration Annual Action Plan FY 2022-2023 22 AP-50 Geographic Distribution Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The Orange County HOME Consortium relies on program partners to identify geographic areas of need and direct assistance to those areas. For the FY 2022-2023 program, HOME funds will be directed Geographic Distribution Target Area Percentage of Funds County-wide 100 Table 5 - Geographic Distribution Rationale for the priorities for allocating investments geographically The Consortium affirms the importance of affirmatively furthering fair housing, by investing resources not only in low- and moderate-income areas, but creating housing opportunities for households with lower incomes in more affluent areas of the county. AP-55 Affordable Housing Introduction Orange County will use its HOME funds for direct homebuyer assistance, rental construction, and rental acquisition. The one year goals for affordable housing in Orange County for FY 2022-2023 are as follows: One Year Goals for the Number of Households to be Supported Homeless 1 Non-Homeless 28 Special-Needs 0 Total 29 Table 6 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 0 The Production of New Units 0 Rehab of Existing Units 2 Acquisition of Existing Units 27 Total 29 Table 7 - One Year Goals for Affordable Housing by Support Type Annual Action Plan FY 2022-2023 23 Discussion Orange County will fund the following projects with the FY 2022-2023 HOME funds: • HOME-22-01 – Habitat for Humanity – Homebuyer Assistance: Provide assistance to an estimated 6 low-income households for the purchase of affordable homes. $475,000 was requested and $167,241 was awarded. • HOME-22-02 Community Empowerment Fund – Homebuyer Assistance: New down payment assistance program for 20 households. $50,000 was requested and $90,000 was awarded. Flexibility was given on serving less than 20 people if needed. • HOME-22-03 – EmPOWERment, Inc. – Rental Acquisition: Provide funds to purchase 1 townhome in Carrboro. $105,000 was requested and $105,000 was awarded. CHDO set aside $66,525. • HOME-22-04 Rebuilding Together of the Triangle – Mobile Home Replacement: Purchase of 2 mobile homes to replace existing units. $150,000 was requested and $150,000 was awarded. AP-60 Public Housing Introduction Public housing in Orange County is provided by two entities: the Orange County Housing Authority (OCHA) and the Town of Chapel Hill’s Public Housing Department. Housed within the Orange County Department of Housing and Community Development, OCHA has been allocated 648 Housing Choice Vouchers (HCV, commonly known as Section 8), of which 564 are being actively administered. The OCHA does not manage any public housing units. OCHA is overseen by a seven (7) member Board. Actions planned during the next year to address the needs to public housing The Orange County HOME Consortium is undertaking the following to address the needs of HCV holders: providing homeownership assistance that can be paired with homeownership Housing Choice Vouchers to transition renters to homeownership. Actions to encourage public housing residents to become more involved in management and participate in homeownership OCHA does not own any public housing units. However, OCHA has HCV holder involvement on its Board and encourages HCV holders to become homeowners. If the PHA is designated as troubled, describe the manner in which financial assistance will be Annual Action Plan FY 2022-2023 24 provided or other assistance OCHA is not designated as troubled. Discussion Orange County lacks housing affordable to households with very low incomes. Rental assistance programs like the HCV Program are essential in creating affordability for these households within the private market. OCHA continues to engage landlords in order to create access to more units for HCV holders, and works to maximize federal and local resources for housing access and stabilization. AP-65 Homeless and Other Special Needs Activities Introduction The Orange County Partnership to End Homeless (OCPEH) coordinates the Orange County Continuum of Care (CoC). The organization is jointly funded by four local governments: Orange County and the Towns of Carrboro, Chapel Hill, and Hillsborough. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including: Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs OCPEH's HOME Committee (no relation to the HOME Investment Partnerships Program) consists of about 20 housing and service providers that interact with people who are experiencing chronic and/or particularly vulnerable to homelessness, many of whom have disabilities. Service providers involved include nonprofits, DSS and other county departments, UNC Hospitals, veterans’ organizations, law enforcement, private attorneys, and more. The Committee meets monthly to collaborate on finding housing and services (e.g., medical, mental health, substance use, and legal services) for these people. The CoC uses its Coordinated Entry system to assess people's needs, score their level of need, and prioritize them for permanent supportive housing, and conducts street outreach program to reach people who are living unsheltered. In January 2021, the Town of Chapel Hill allocated funding for a fourth position for the street outreach program. Addressing the emergency shelter and transitional housing needs of homeless persons Orange County's only emergency shelter is run by the Inter-Faith Council for Social Service (IFC). IFC also offers a transitional housing program for men. The Freedom House Recovery Center provides residential mental health and substance abuse services for men, women, children, and families (in addition to outpatient and crisis services), and there are several Oxford Houses in the County that provide transitional housing for people in recovery from substance use disorder. The County does not have a domestic violence shelter, but does have an emergency housing program run by the Compass Center. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to Annual Action Plan FY 2022-2023 25 permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again OCPEH identified Rapid Rehousing as a gap in need of increased funding and better alignment with best practice (i.e., flexible, individualized mix of services, financial assistance, and housing navigation). In May 2020, OCPEH launched a Rapid Rehousing program (funded with HOME and state ESG) that works through the CoC's HOME Committee to provide short- to mid-term rental assistance to the community's most vulnerable people experiencing homelessness. The CoC also operates a Rapid Rehousing program for veterans with state ESG money. Service providers, such as IFC, Community Empowerment Fund (CEF), and Cardinal Innovations (the LME/MCO for Orange County), provide case management services to clients experiencing homelessness and can help connect them to housing. Orange County has also seen success in implementing a homeless diversion program, and currently diverts about 25% of households presenting for a shelter bed using a best-practice model that includes a strengths-based guided conversation with participants exploring other safe places to stay plus flexible funding that can make this happen. However, there is a great need for affordable housing units in the County, particularly subsidized, income-based rental units that can be accessed by people experiencing or at risk of homelessness. This gap presents a continuous challenge for connecting people experiencing homelessness with permanent housing. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The CoC partners with UNC Hospitals and the Orange County Department of Social Services (DSS) Foster Care division, and has developed discharge policies with local and regional institutions. The CoC also assisted in the creation of the Outreach Court, now known as the Community Resource Court (CRC), North Carolina’s first specialty court for people experiencing homelessness who are offered mental health evaluations and treatment plans in lieu of going to jail for misdemeanor crimes. CRC is a collaboration between the UNC Center for Excellence in Community Mental Health and the 15B District Court Judge’s Office. Defendants are typically referred to CRC by their attorney or by the district attorney’s office, although anyone is able to make a recommendation for a referral. Court requirements include monthly attendance to a therapeutic court session and compliance with recommended mental health or substance use treatment. Upon graduation from the court, the participant is given some type of legal benefit such as dismissal of criminal charges. Annual Action Plan FY 2022-2023 26 The County, in partnership with the Towns, also administers the Emergency Housing Assistance program for people who apply directly, come through Coordinated Entry (called the Orange County "Housing Helpline"), or are referred by service providers and are experiencing housing insecurity. The fund can assist with pay for rent, mortgage, and utility payments, security and utility deposits, and certain other one-time expenses to help households at risk of, or currently experiencing, homelessness or to help individuals remain stably housed. AP-75 Barriers to Affordable Housing Introduction In 2020, the Orange County HOME Consortium worked with the Center for Urban and Regional Studies at the University of North Carolina Chapel Hill to conduct an Analysis of Impediments to Fair Housing Choice (AI). The AI includes an analysis of Orange County laws, regulations, and administrative policies, procedures, and practices that affect the location, availability, and accessibility of housing. The AI also includes an assessment of conditions, both public and private, that affect fair housing choice. The AI identified the following impediments to fair housing: • A lack of affordable housing has resulted in severe rent burdens among many renters, especially those with low and moderate incomes. A majority of renters in the county are rent- burdened—spending over 30% of household income toward rent and utilities; this figure exceeds 85% for households earning below $35,000 and is still over half for households earning $35,000–$49,999. Meanwhile, over 80% of households earning under $20,000 are severely rent- burdened (meaning they pay over half their income toward rent and utilities), as are nearly 40% of households earning $20,000–$34,999. • African American and Hispanic residents face difficulties receiving conventional mortgage loans. The denial rate for first-lien, conventional mortgages for African Americans is consistently over four times that of Whites, and the denial rate for Hispanic households is between two and four times that of Whites as well. The most common reasons for denial, as noted in the HMDA data, are credit history for African Americans (33% of all denial reasons) and debt-to-income ratio for Hispanic households (49% of all denial reasons). • Based on the number of fair housing complaints filed, disabled persons face difficulties accessing fair housing. Nearly half of all fair housing complaints filed in the 2010–2018 period were filed due to discrimination based on disability. Given that the county’s population with a disability is approximately 12,500, and that over a quarter of the elderly are also disabled, this is a significant barrier to fair housing. • There exists a lack of subsidized rental properties outside the Towns of Chapel Hill and Carrboro. The only public housing in the county is located in Chapel Hill and Carrboro, and the vast majority of other subsidized properties are located in either Chapel Hill or Carrboro. To that end, six subsidized developments exist in Hillsborough, one exists in the Orange County portion of Mebane, and only one subsidized property exists in unincorporated Orange County. • Zoning throughout the county largely restricts the development of denser, more affordable Annual Action Plan FY 2022-2023 27 housing. Only a handful of areas in the county are zoned for moderately dense residential development (over four lots or units per acre), and resident opposition can complicate or inhibit the development of denser housing in those areas. Given the high cost of land in service-rich neighborhoods of Chapel Hill and Carrboro, low-density zoning can prevent the construction of affordable housing. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment Based on the impediments above, the AI makes the following recommendations. Details on these recommendations are explained more fully in the AI. • Seek more funds for subsidized housing. Low- and moderate-income households are disproportionately rent-burdened, and recently, rents have increased faster than wages. • Encourage development of some subsidized housing outside of Chapel Hill and Carrboro. • Educate landlords, property managers, and other housing providers about fair housing law and reasonable accommodation, especially as they pertain to persons with disabilities. • Offer educational courses on mortgage lending and building credit scores that are geared toward African American and Hispanic borrowers. • Encourage cooperation and coordination between the affordable housing advisory boards in the County. • Explore funding options for a best-practices Rapid Rehousing program to serve homeless individuals and families in Orange County. • Identify ways to protect residents of mobile home parks who may be under threat of displacement. • Consider areas to strategically up-zone to promote the development of affordable housing. AP-85 Other Actions Introduction The Orange County HOME Consortium has developed the following actions to address obstacles to meeting underserved needs, foster affordable housing, reduce lead-based hazards, reduce the number of families living in poverty, develop institutional structures, and enhance coordination between public and private housing and social service agencies. Actions planned to address obstacles to meeting underserved needs Despite efforts by the County, Towns, and other affordable housing actors and service providers, there remain significant obstacles to meeting the needs of underserved people and communities. The most recent concern is the COVID-19 pandemic and its economic impacts, particularly for renter households Annual Action Plan FY 2022-2023 28 with lower incomes who are experiencing unprecedented job loss and housing instability. One way the HOME Consortium worked to address this situation was by allocating local Match funds for FY 2020-2021 to be used for tenant-based rental assistance through the County’s Rapid Rehousing program, and, in FY 2021-2022, reallocating $114,000 in FY 2016 HOME funds for tenant-based rental assistance through the Rapid Rehousing program as well. The County also scaled up and secured significant federal and state funding (about $4 million in calendar year 2020) for emergency housing assistance, both through the local Emergency Housing Assistance program and the statewide HOPE program, to help stabilize households who are experiencing or at risk of experiencing homelessness so they could lower their exposure to COVID-19 by having a safe, non- congregate place to stay. In 2021, the County began using about $2.2 million in CDBG-CV funds secured from the state to continue this work, and as well as additional funds that were allocated to Orange County through the American Rescue Plan Act. Actions planned to foster and maintain affordable housing Using FY 2022-2023 HOME funds, the Consortium will help local nonprofit agencies undertake the following projects to foster affordable housing: • Habitat for Humanity – Homebuyer Assistance: Provide assistance to an estimated 5 low- income households for the purchase of affordable homes; • EmPOWERment – Rental Acquisition: Provide funds to purchase 1 townhome in Carrboro; • Community Empowerment Fund: New down payment assistance program for 20 households; and • Rebuilding Together of the Triangle: Purchase of 2 mobile homes to replace existing units. Actions planned to reduce lead-based paint hazards The Consortium ensures that County rehabilitation staff and the contractors they work with are knowledgeable and up-to-date on lead-based paint (LBP) requirements of all federal housing programs, distributes information on LBP hazards to all households that participate in County housing programs, conducts LBP inspections and assessments as necessary, and implements environmental control or abatement measures for LBP hazards as applicable in all federally-funded projects. This strategy allows Orange County to: be in full compliance with all applicable LBP regulations; control or reduce, to the extent feasible, all LBP hazards in housing rehabilitated with federal funds; and reduce the number of incidences of elevated blood lead levels in children. Actions planned to reduce the number of poverty-level families The Orange County Family Success Alliance (FSA), modeled after proven national programs such as the Harlem Children’s Zone and the Promise Neighborhoods Institute, is founded on the understanding that Annual Action Plan FY 2022-2023 29 no one organization or individual can single-handedly change the way poverty harms our children and our communities. FSA is dedicated to building a comprehensive system of engagement on education and health, with built-in family and community support. It is staffed by the Orange County Health Department and supported by work groups made up of staff members of participating advisory council organizations. Initial funding for FSA was awarded by the Orange County Board of County Commissioners through the Social Justice Fund. FSA's 2019-2022 Strategic Plan outlines three goals: (1) children are healthy and prepared for school, (2) children and youth are healthy and succeed in school, and (3) families, neighborhoods, and institutions support the healthy development of children. These goals are approached through four strategic areas. The first is family empowerment. Over the 2019-2022 period, FSA is evolving its current "navigator" model, in which peer leaders build trusting relationships with families living in poverty, into a more comprehensive family empowerment model that will bring families together to learn, build on strengths and knowledge, and together work to better navigate systems and to uncover their personal and collective power to affect systems change. The second strategic area is partnership. FSA collaborates with cross-sector agencies to center parent expertise and priorities and aims to shift more power into the hands of parents to co-create programs and initiatives in the community. The third area is systems change, by involving community members whose lives are most directly and deeply affected by poverty in leadership and decision making in order to dismantle institutionalized racism and other oppressive systems. The final strategy area is foundational work. This means building internal infrastructure in FSA to support strategic goals. Actions planned to develop institutional structure OCPEH has thoroughly analyzed the institutional structure and service delivery system for homelessness in Orange County, identified ten gaps in the system, and calculated the costs of filling those gaps. OCPEH has either identified existing programs and partners, or worked to set up the necessary infrastructure, through which to fill most of these gaps, and some funding has already been secured. Of the estimated $1.7 million yet to be secured, OCPEH has approached Orange County and the Towns of Carrboro, Chapel Hill, and Hillsborough to ask each jurisdiction to contribute a portion of the funds. In addition to filling the homeless system gaps, OCPEH also aims to improve existing projects and processes and improve the quality of homeless service delivery. AP-90 Program Specific Requirements Introduction The Orange County HOME Consortium receives an annual allocation of HOME funds. The questions below related to the HOME program are applicable to the Consortium. Questions related to the CDBG program are applicable only to the Town of Chapel Hill and are addressed separately in Chapel Hill’s Annual Action Plan FY 2022-2023 30 Annual Action Plan. HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as follows: The Orange County HOME Consortium use general revenue funds as its local match for HOME funds. Orange County also provides funds for additional administrative costs to operate the program above the 10% allowable cost that may be pulled from the HOME award. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME funds used for homeownership assistance require an Affordability Period based on the amount of HOME assistance. The Orange County HOME Consortium will use resale provisions to enforce the HOME Affordability Period for all homeownership projects, including those in which direct assistance is provided to the buyer and homeownership unit development. Under the resale provisions, if homebuyers assisted with HOME funds choose to sell their HOME-assisted property within the HOME Affordability Period, they must sell to qualified low-income buyers and the resale price will be determined according to a formula that ensures affordability to the new buyer and a fair return on investment to the original HOME-assisted buyer. The HOME Affordability Period for homeownership assistance is based on the level of assistance provided to fund a unit or as direct assistance to a buyer (see the chart below). Direct assistance to the homebuyer is defined as HOME funding that reduces the purchase price below fair market value and includes any down payment or subordinate financing provided on behalf of the purchase. Direct assistance does not include HOME funds provided to a developer to cover the unit production costs that do not reduce the purchase price below fair market value. HOME Funds Provided to a unit or as direct assistance to buyer HOME Affordability Period <$15,000 $15,000 – $40,000 >$40,000 5 years 10 years 15 years Resale provisions are enforced through the use of a Deed of Restrictive Covenants signed by the homebuyer at closing. The Deed of Restrictive Covenants will specify: A. The length of the HOME Affordability Period (per the chart above); B. The home must remain the owner’s principal residence throughout the HOME Affordability Period; and Annual Action Plan FY 2022-2023 31 C. The conditions and obligations of the owner should the owner wish to sell before the end of the HOME Affordability Period, including; 1. The owner must contact the Orange County HOME Consortium or its designated representative in writing if intending to sell the home prior to the end of the HOME Affordability Period; 2. The subsequent purchaser must be low-income as defined by HOME regulations, and occupy the home as their primary residence for the remaining years of the HOME Affordability Period (however, if the new purchaser receives HOME direct assistance, the HOME Affordability Period will be re-set according to the amount of assistance provided); and 3. The sales price must be affordable to the subsequent purchaser; affordable is defined as limiting the Principal, Interest, Taxes and Insurance (PITI) amount to no more than 30% of the new purchaser’s monthly income. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Fair Return on Investment The Consortium must ensure the owner receives a fair return on their investment and that the home will continue to be affordable to a specific range of incomes. To calculate the fair return on investment to the homeowner, the Consortium will: A. Determine the amount of market appreciation, if any, realized over the ownership term by calculating the difference between the initial appraised value at purchase and the current appraised value at resale. This figure represents the basis for calculating the fair return on investment. In declining markets, it is possible that the homeowner may not realize a return. B. Multiply the basis by the Federal Housing Finance Agency’s Housing Price Index (HPI) to determine the fair return to the homeowner: https://www.fhfa.gov/DataTools/Tools/Pages/HPICalculator.aspx To calculate the resale price to the next homebuyer, the Consortium will add the fair return on investment to the homeowner to the original affordable price of the home at purchase by the original buyer. Example #1: • Appraised (Fair Market) Value at Purchase: $210,000 • Affordable Price at Purchase: $190,000 • Appraised Value at Resale: $240,300 • Increase in Market Appreciation: $240,300 - $210,000 = $30,300 • Average Appreciation in the Raleigh-Durham MSA (per the HPI Calculator): 29.4% • Fair Return on Investment: $30,300 x 0.294 = $8,908 Annual Action Plan FY 2022-2023 32 • Resale Price: $190,000 + $8,908 = $198,908 Affordability to a Range of Buyers The Consortium will ensure continued affordability to a range of buyers, particularly those whose total household incomes range from 60 to 80% of area median income (AMI) as calculated by HUD for the HOME Program. Sales price will be set such that the amount of principal, interest, taxes, and insurance does not exceed 30% of the new buyer’s annual income. In the event the resale price required to provide a fair return exceeds the affordability to a range of LMI buyers, additional HOME funding will be provided to the subsequent buyer based on the level of funds required to make the unit affordable. Principal Residency Requirements Households receiving HOME-funded homeownership assistance will be required to occupy the home as their principal residence throughout the HOME Affordability Period. In the event the original HOME-assisted homebuyer no longer occupies the unit as their principal residence (i.e., the unit is rented or vacant), the homeowner will be in violation of the terms of the HOME assistance. In cases of noncompliance, the Consortium will enforce the terms of the HOME written agreement to require repayment of any outstanding HOME funds invested in the housing. The amount subject to repayment is the total amount of HOME funds invested in the housing (i.e., any HOME development subsidy to the developer plus any HOME direct assistance provided to the homebuyer) minus any HOME funds already repaid (i.e., payment of principal on a HOME loan). Noncompliance with principal residency requirements by a homebuyer is not considered a transfer and is not subject to resale provisions. The Consortium will enforce these requirements through a HOME written agreement executed with the organization receiving the HOME award for homeownership activity to protect its investment and minimize its risk in HOME-assisted homebuyer projects in the event the homebuyer is in noncompliance. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The Orange County HOME Consortium does not intend to refinance any existing debt for multifamily housing that will be rehabilitated with HOME funds. Discussion The Market Analysis found that Orange County has high housing costs and insufficient units for low- income households, particularly extremely low-income households earning below 30% AMI – only 5% of Annual Action Plan FY 2022-2023 33 rental units in the County are affordable to households at this income level. As such, the Consortium has identified the need for tenant-based rental assistance, and has been using HOME funds and local Match funds to fill this gap. RESOLUTION Authorizing the Submission of the FY23 Annual Action Plan and FY23 Program Design for Orange County, North Carolina BE IT RESOLVED, the Hillsborough Board of Commissioners as a member of the Orange County HOME Consortium, that the Commissioners authorize the Town Manager to submit the Orange County Annual Action Plan for FY23 to the U.S. Department of Housing and Urban Development, including all understandings, assurances, and certifications required therein. BE IT RESOLVED, by the Hillsborough Board of Commissioners, as a member of the Orange County HOME Consortium, that the Commissioners approve the following activities for the FY23 HOME Program: Homebuyer Assistance Funds will be allocated to the Community Empowerment Fund ($90,000) and Orange County Habitat for Humanity ($167,241) to provide down payment assistance for home ownership for an estimated 26 households earning between thirty percent (30%) and eighty percent (80%) of the area median income. (The final number of homebuyers assisted may be more or less than 26 and will depend on homebuyer underwriting.) (Requested amount: $525,000) $257,241 Housing Rehabilitation/Preservation Funds will be allocated to Rebuilding Together of the Triangle to purchase replacement manufactured homes for (2) two Orange County property owners who are currently living in hazardous conditions due to deteriorating manufactured housing units. This funding will serve 1 household earning between thirty percent (30%) and fifty percent (50%) of the area median income, and 1 household earning between fifty percent (50%) and eighty percent (80%) of the area median income. (Requested amount: $150,000) $150,000 Rental Acquisition Funds will be allocated to EmPOWERment, Inc. for acquisition of one (1) rental unit in Carrboro. Units will be leased to households earning less than sixty percent (60%) of the area median income. (Requested amount: $105,000) $105,000 Program Administration $44,350 BE IT FURTHER RESOLVED that the Town Manager is hereby designated as the authorized representative of the Town to act in connection with the submission of these plans, to act in connection with the HOME Program, and to provide such additional information as may be required by the U.S. Department of Housing and Urban Development. Approved this 13th day of June 2022. Jenn Weaver, Mayor Town of Hillsborough Attestation: Sarah Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Community Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Margaret A. Hauth, Assistant Town Manager ITEM TO BE CONSIDERED Subject: Memorandum of Understanding for the operation of the Partnership to End Homelessness Attachments: Draft Memorandum - redlined Brief summary: In 2008, the three towns and Orange County established the Partnership to End Homelessness through a Memorandum of Understanding. The memorandum has been updated, as needed, over time. The Partnership has taken on additional roles and responsibilities over the years and staff have been added. This revision provides documentation of this expanded role and updates the funding share to reflect the 2020 Census figures. Action requested: Approve the attached amended interlocal agreement ISSUE OVERVIEW Background information and issue summary: Over twelve years, the collaborative efforts for homeless prevention and housing stability have expanded from an $80,000 effort to an $800,000 effort that requested $2.5 million of annual funding for FY23. Over $500,000 of this funding is leveraged from outside sources. The requested updates to the Memorandum are necessary to reflect these changes. Financial impacts: Staff recommendation and comments: This agreement captures current activities but does not address future activities. Staff recommends a robust collaborative discussion about homelessness services or housing stability throughout the county to look for opportunities to develop a seamless program with transparent and appropriate oversight that is equitably funded. For clerk’s use AGENDA ITEM: 4.I Consent agenda Regular agenda Closed session Memorandum of Understanding between Orange County and the Towns of Chapel Hill, Carrboro, and Hillsborough: Orange County Partnership to End Homelessness (OCPEH) Whereas, in April 2008, the Orange County Board of Commissioners, Chapel Hill Town Council, Carrboro Town Council Board of Aldermen, and Hillsborough Board of Commissioners endorsed the Orange County 10-Year Plan to End Chronic Homelessness and entered into a memorandum of understanding to fund and support the Plan’s implementation by the Orange County Partnership to End Homelessness (OCPEH), and Whereas, the Partnership has made significant progress in ending and preventing homelessness in Orange County over the past thirteensix fourteen years, and Whereas, the parties to this Memorandum came together and revised this Memorandum of Understanding in 2015, and Whereas, reflecting a combination of national best practices, national funding models, and local experience, the Orange County 10-Year Plan to End Chronic Homelessness has evolved to become an ongoing program, the Orange County Plan to End Homelessness, and Whereas, the role of the Partnership is to implement Orange County’s Plan to End Homelessness, and serve as the Continuum of Care for Orange County, and Whereas, the parties to this Memorandum understand the value of this work to each jurisdiction and accordingly intend to continue to fund and support it, and Whereas, the initial 10-Year Plan created a body called the Executive Team, now called the Leadership Team, consisting of representatives appointed from each of the above governmental partners and a cross-section of community representation, charged with providing oversight and direction to the plan, and the parties to this Memorandum intend for the Leadership Team to continue to perform this role, and Whereas, the parties to this Memorandum intend to continue funding the Partnership’s Homeless Programs CoordinatorManager and Housing Access Coordinator, and provide partial funding for the Homeless Programs , whose Coordinator, all of whom have job responsibilities have been outlined in a Job Description (Attachment A), and Whereas, in order to implement the Plan, the Partnership is providing direct service programs via pass-through funding from other sources, and Whereas, the four elected appointees continue to recommend the creation of anand serve on the OCPEH Executive Team, which shall consist of the four elected appointees, to ensure that the interests of all four funding jurisdictions are consistently represented; 2 The parties to this Memorandum hereby clarify the roles and responsibilities of each body as it relates to funding and oversight. A. The Executive Team will: 1. Provide ongoing supervision of the CoordinatorHomeless Programs Manager (HPM) through the County Manager by: i. Conducting joint annual performance reviews of the Coordinator HPM with the County Manager, after gathering input from the Chair of the Leadership Team and others, as appropriate; ii. Approving an annual work plan for the Coordinator HPM based on the goals of the Plan, subject to final approval by the County Manager; iii. Meeting with and reviewing the work plan with the Coordinator HPM and the County Manager quarterly ; iv. Participating in interviews for the hiring of the CoordinatorHPM; v. Making recommendations to the County Manager regarding performance concerns related to the CoordinatorHPM. 2. Operate its program on the same fiscal year as that operated by the Towns and County. 3. Not have supervisory authority over any Town or County staff who may be assigned to provide assistance to the Leadership Team or Executive Team. 4. Meet quarterly, with staff support, to review progress under the annual work plan. B. Towns and tThe County will: 1. Provide office space and supplies for the use of the CoordinatorPartnership staff as needed and available. 2. Provide staff assistance as needed to support the Executive Team and Leadership Team subject to Town Manager and County Manager direction. 3. Provide an annual appointment from the elected governing bodies to the Leadership/Executive Team. 4. Assist with the annual implementation efforts of the Plan.. 5. Continue to support the Partnership. 6. Determine tThe amount of funding to be provided by each partner will be determined by utilizing a population-based formula based on the latest 3 Census data. Based upon the 20210 Census data, the percentage contributions, subject to each jurisdiction’s approval, are as follows: • Orange County 39.5% • Town of Chapel Hill 39.741% • Town of Carrboro 14.35% • Town of Hillsborough 6.55% 7. Receive an annual report from the CoordinatorHPM. 8. Not be required or expected to continue funding the Coordinator positionPartnership staff should the funding not be available through any one or more of the other partners. 9. Not require or suggest the Coordinator HPM perform work on goals that are not in her/his work plan for the Partnership. C. The Plan is understood to be a living document that the Partnership will update over time to reflect its accomplishments and the evolution of policies, evidence- based practices, and funding. D. This Memorandum supersedes the 201508 Memorandum of Understanding that supported the Orange County 10-Year Plan to End Chronic Homelessness. It will remain in effect for two years from the date of its adoption by all Parties. The Memorandum will may be renewed for up to five additional two-year terms. Revisions will be presented to the Executive Team for consideration, and reviewed by Town and County staff, no later than the final quarterly meeting of the Executive Team prior to expiration of the two year term. Any Party hereto may withdraw from the Memorandum by providing written notice to every other Party at least 12 months prior to the start of the fiscal year in which the Party wishes to withdraw. [SIGNATURES TO FOLLOW] 4 Wherefore the Parties hereto have set their hands and seals on the day and dates recorded below. ORANGE COUNTY ______________________________ Earl McKeeRenee Price, Chair ___________________ ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that ________________________, personally came before me this day and acknowledged that she is the Clerk to the Board of Commissioners for Orange County, North Carolina and that by authority duly given and as the act of said County, the foregoing instrument was signed in its name by the Chair of said Board of Commissioners and attested by her as Clerk to said Board of Commissioners. Witness my hand and official stamp or seal this _____ day of _____________, 20___. ______________________________ Notary Public (Notary Seal) My commission expires:______________ 5 TOWN OF CHAPEL HILL ______________________________ Mark KleinschmidtPam Hemminger, Mayor ___________________ ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that ________________________, personally came before me this day and acknowledged that he/she is the Town Clerk for the Town of Chapel Hill, North Carolina and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by the Mayor of the Town of Chapel Hill, NC and attested by her as Town Clerk for the Town of Chapel Hill, NC. Witness my hand and official stamp or seal this _____ day of _____________, 20___. ______________________________ Notary Public (Notary Seal) My commission expires:______________ 6 TOWN OF CARRBORO ______________________________ Damon Seils Lydia Lavelle, Mayor ___________________ ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that ________________________, personally came before me this day and acknowledged that she is the Town Clerk for the Town of Carrboro, North Carolina and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by the Mayor of the Town of Carrboro, NC and attested by her as Town Clerk for the Town of Carrboro, NC. Witness my hand and official stamp or seal this _____ day of _____________, 20___. ______________________________ Notary Public (Notary Seal) My commission expires:______________ 7 TOWN OF HILLSBOROUGH ______________________________ Tom StevensJenn Weaver, Mayor ___________________ ATTEST STATE OF NORTH CAROLINA ORANGE COUNTY I, the undersigned Notary Public of the County and State aforesaid, do hereby certify that ________________________, personally came before me this day and acknowledged that he/she is the Town Clerk for the Town of Hillsborough, North Carolina and that by authority duly given and as the act of said Town, the foregoing instrument was signed in its name by the Mayor of the Town of Hillsborough, NC and attested by her as Town Clerk for the Town of Hillsborough, NC. Witness my hand and official stamp or seal this _____ day of _____________, 20____. ______________________________ Notary Public (Notary Seal) My commission expires:______________ AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Community Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Margaret A. Hauth, Assistant Town Manager ITEM TO BE CONSIDERED Subject: Updated Street Standards document Attachments: 1. Revised document 2. Resolution Brief summary: The street standards document was originally endorsed on July 28, 2014, to consolidate a variety of street design related information. It’s been amended twice to add the traffic calming policy, private street standards, and acceptance checklists. Action requested: Adopt the provided resolution endorsing this document. ISSUE OVERVIEW Background information and issue summary: This revision reorganizes the document, brings in all amenity information from the Community Connectivity Plan (scheduled to be replaced by the Comprehensive Sustainability Plan), and updates street lighting and pedestrian infrastructure standards. The revision also adds guidance for radar “your speed” signs and enhanced pedestrian warning signs. Lastly, the document ties the acceptance of streetlights in new developments to acceptance of the streets within the development. Financial impacts: None Staff recommendation and comments: For clerk’s use AGENDA ITEM: 4.J Consent agenda Regular agenda Closed session Town of Hillsborough Street Manual Endorsed: July 28, 2014 Amended: April 25, 2016 (Private Street standards & Traffic Calming Policy incorporated) Nov. 8, 2021 (acceptance checklists added) TABLE OF CONTENTS Section 1 – Introduction & Background 1.1 INTRODUCTION 1 1.2 RELATED TOWN OF HILLSBOROUGH POLICIES 1 Town of Hillsborough Ordinances, Part II, Chapter 7 – Streets and Sidewalks 1 Town of Hillsborough Engineering Department Checklist for Approval and Acceptance of Utilities Projects 2 Town of Hillsborough Unified Development Ordinance 2 Town of Hillsborough Traffic Calming Policy 2 1.3 RELATED NCDOT POLICIES 2 NCDOT Roadway Design Manual 2 NCDOT Policies & Procedures for Accommodating Utilities on Highway Rights-of-Way 3 NCDOT Bridge Policy 3 NCDOT Guidelines for Agreement Process and Reimbursement to NCDOT by Municipality/Developer 3 NCDOT Guidelines for Planting Within Highway Right-of-Way 3 NCDOT Manual for Construction Layout 3 NCDOT Municipal/Developer Submittals Guidelines for Plan Reviews and Encroachments 4 NCDOT Policy on Street and Driveway Access to North Carolina Highways 4 NCDOT Traditional Neighborhood Development Street Design Guidelines 4 NCDOT Best Management Practices for Construction and Maintenance Activities 5 NCDOT Complete Streets Planning and Design Guidelines 5 NCDOT Standard Specifications and Provisions 5 NCDOT Roadway Standard Drawings 5 1.4 RELATED TRANSPORTATION PLANS 5 Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) Metropolitan Transportation Plan 6 DCHC MPO Transportation Improvement Program & North Carolina Statewide Transportation Improvement Program 6 DCHC MPO Collector Street Plan 6 Town of Hillsborough Community Connectivity Plan 6 Town of Hillsborough Churton Street Corridor Strategic Plan 7 Town of Hillsborough US 70/Cornelius Street Corridor Strategic Plan 7 Town of Hillsborough Downtown Access Study 7 Town of Hillsborough Downtown Parking Study 8 Town of Hillsborough Downtown Appearance Improvements Plan 8 Town of Hillsborough Wayfinding Signage Plan 8 Section 2 – Approval Process 9 2.1 APPROVAL PROCESS 9 Process Flowchart 9 Traffic Impact Analysis (TIA) 10 Design Standard Waivers 11 Construction Inspection 11 Responsibility for Maintenance 11 Coordination with NCDOT 11 Dedication of Streets to Town 11 2.2 Public Street or Sidewalk Acceptance Checklist 12 Section 3 – Roadway Classification & Design Elements 3.1 ROADWAY CLASSIFICATIONS 16 Residential Local 16 Residential Collector 16 Commercial/Industrial Local 17 Commercial/Industrial Collector 17 Two-lane Arterial 17 Multi-lane Boulevard 18 Map of Existing Roadway Classifications 19 Cross-sections and Dimensional Requirements Residential Local Street with Curb & Gutter 20 Residential Local Street without Curb & Gutter 21 Residential Collector Street with Curb & Gutter 22 Residential Collector Street without Curb & Gutter 23 Commercial/Industrial Local Street 24 Commercial/Industrial Collector Street 25 Two-lane Arterial Street with Curb & Gutter 26 Two-lane Arterial Street without Curb & Gutter 27 Multi-lane Boulevard 28 3.2 ROADWAY DESIGN ELEMENTS 29 Motor Vehicle Travel Lanes 29 Bicycle Lanes 29 Parking Lanes 30 Left-turn Lanes 30 Right-turn Lanes 31 Intersection Curb Radius & Approach Angle 32 Roundabouts 32 Bridges & Culverts 34 Driveways & Access Management 34 Curbs & Gutters 34 Drainage Swales 35 Street Trees 35 Street Lighting 36 Signage & Street Naming 36 Utilities 37 Signals 37 Street Spacing and Layout 37 Traffic Calming 37 Right-of-Way 37 Special Considerations when Retrofitting Existing Streets 38 Private Streets 38 Section 4 - Pedestrian and Bicycle Paths 4.1 Pedestrian and Bicycle Paths 40 Sidewalks 40 Sidewalk Design Standards 40 ADA Requirements for sidewalks, shared-use paths, and curb cuts 40 Handrails 41 Crosswalks 43 Greenways 44 Shared-use Paths 45 4.2 Public Greenway Acceptance Checklist 46 Section 5 – Amenities 5.1 Street and Park Amenities 49 Benches and Trashcans 49 Dog Waste Containers 49 Bicycle Racks 50 Fencing 50 Picnic Tables 50 Appendix A – PRIVATE ROAD STANDARDS Appendix B – TRAFFIC CALMING POLICY Appendix C – MUTCD STREET SIGN REQUIREMENTS Hillsborough Street Manual Section 1: Introduction | 1 of 48 1.1 INTRODUCTION This document has been developed to provide basic standards for the design of new streets within the Town of Hillsborough and the Town’s planning jurisdiction, as well as for improvements to existing streets. Sections 1.2 and 1.3 provide information and links to relevant policies, standards, and requirements that have been previously developed by the Town of Hillsborough (1.2) and North Carolina Department of Transportation (1.3). This Street Design Standards document is not intended to replace these existing policies, but rather to supplement them. Section 1.4 provides information and links to a variety of adopted transportation plans that impact the street system in the Town of Hillsborough— these plans contain important information about proposed improvements. Section 32.1 provides information on the process for approving street designs and dedication of streets and sidewalks to the townas well as other procedural concerns. In Section 23.1, a roadway classification system is defined that categorizes all streets in the Town into one of six categories. Standard cross- sections are provided for each category, including several categories with multiple optional cross- sections. Section 23.2 provides more detailed information on individual design elements of the transportation system, such as roadway lanes, sidewalks, lighting, and landscaping. Section 3.1 provides information on the process for approving street designs as well as other procedural concerns. Section 4 provides requirements for non-motorized travel and a checklist for greenway dedication. In any cases of conflict between this document and the Unified Development Ordinance or Town Code of the Town of Hillsborough, the Unified Development Ordinance or Town Code shall have precedence. The standards defined in this document are drawn from many sources but are most prominently based on the NCDOT Complete Streets Planning and Design Guidelines. The document was prepared by the Triangle J Council of Governments under contract to the Town of Hillsborough. The document was adopted by the Hillsborough Board of Commissioners on July 28, 2014. 1.2 RELATED TOWN OF HILLSBOROUGH POLICIESREQUIREMENTS The Town of Hillsborough has several existing policies requirements related to the design and construction of streets that are found within other ordinances and documents. These policies requirements are important to consider in relation to the information contained within this document. Links are provided to each of these resources. It is important to note that the information in this Roadway Design Standards document is intended to supplement the information found in these other policies and resources, not to replace them. Please refer to each of these documents as needed. Town of Hillsborough Code of Ordinances, Part II, Chapter 7 – Streets and Sidewalks Chapter 7 of the Town Code contains policies related to the construction on and maintenance of streets and sidewalks. In addition, Appendix A of Chapter 7 provides detailed information on the Town’s Street Construction Standard Specifications. Hillsborough Street Manual Section 1: Introduction | 2 of 48 This document can be found online at https://www.municode.com/library/nc/hillsborough/codes/code_of_ordinances . Town of Hillsborough Engineering Department Checklist for Approval and Acceptance of Utilities Projects This document provides a checklist of items that must be completed before the Town will accept the dedication of a utility system to the Town by a developer/contractor. The document outlines activities that must occur before, during, and after construction, as well as at the end of the warranty period, and on multiple-phase projects. The most recent version of the checklist can be found at. https://assets.hillsboroughnc.gov/media/documents/public/developerengineer-checklist-for-projects- involving-water-and-sewer-utilities.pdf Town of Hillsborough Unified Development Ordinance The Unified Development Ordinance contains numerous policies related to the development of the street system. The Unified Development Ordinance can be found online at https://www.hillsboroughnc.gov/government/departments-and-divisions/planning/unified- development-ordinance. Town of Hillsborough Traffic Calming Policy The Town has established this policy to govern the use of traffic calming measures that are intended to reduce speeding, excessive traffic volumes, improve dangerous intersections, or address other public safety concerns. The policy can be found in Appendix B at the end of this document. 1.3 RELATED NCDOT POLICIES The following policies are used by the North Carolina Department of Transportation to regulate the design and construction of roads that are on the state road system or are intended to be dedicated to the state in the future. Several Town of Hillsborough policies also reference these state policies. These and other NCDOT policies can be found online at https://connect.ncdot.gov/projects/Roadway/Pages/Guidelines--Standards.aspx. NCDOT Roadway Design Manual The Roadway Design Manual provides standards and guidelines for roadway design on state-owned roads. The standards are based on factors such as design speed, functional classification, traffic volumes, and terrain classifications, and the manual provides additional guidance regarding cost reduction measures, selection of an appropriate cross-section, appropriate slopes and drainage, lane width, shoulder design, clear zones and other similar features/issues. The manual is updated frequently, and Hillsborough Street Manual Section 1: Introduction | 3 of 48 information on updates can be found at the website listed above. This manual incorporates standards from the AASHTO Green Book of 2011. All state roadway projects must conform with this manual or seek a design exception. https://connect.ncdot.gov/projects/Roadway/pages/roadway-design-manual.aspx NCDOT Policies & Procedures for Accommodating Utilities on Highway Rights-of-Way This document contains the policies for working with utilities in state highway rights-of-way, including sections on encroachment agreements, utilities in freeway rights-of-way, pipelines, overhead power and communication lines, underground electric power and communication lines, plowed-in cable, lighting, utilities located on or near highway structures, and utility agreements. The document contains a section specifically dealing with residential subdivision streets (beginning on Page 81). https://connect.ncdot.gov/municipalities/Utilities/UtilitiesDocuments/20210301%20NCDOT%20UAM%2 0Ver%201-1.pdf NCDOT Bridge Policy The bridge policy establishes the controlling design elements of new and reconstructed bridges on the state-owned highway system. The primary factors governing the design of the bridge are functional classification, traffic volume, design speed, safety/crash history, and bicycle/pedestrian elements. Box culverts are not considered part of this policy. https://connect.ncdot.gov/projects/Roadway/RoadwayDesignAdministrativeDocuments/Bridge%20Polic y.pdf NCDOT Guidelines for Agreement Process and Reimbursement to NCDOT by Municipality/Developer This document provides guidance on the process for incorporating changes into current NCDOT construction projects to accommodate proposed development. Any additional cost that results is borne by the developer. https://connect.ncdot.gov/projects/Roadway/RoadwayDesignAdministrativeDocuments/Guideline%20fo r%20Agreement%20Process%20and%20Reimbursement%20to%20NCDOT%20by%20Municipality%20or %20Developer.pdf NCDOT Guidelines for Planting Within Highway Right-of-Way This document provides information about the process and design requirements for planting trees and shrubs within the state highway right-of-way. It outlines the process for obtaining a permit for this activity, including maintenance responsibilities. It also provides sample cross-sections showing proper placement of trees and shrubs and provides an extensive list of recommended plant types. https://connect.ncdot.gov/resources/roadside/AestheticEngineeringDocuments/PlantingGuidelines.pdf Hillsborough Street Manual Section 1: Introduction | 4 of 48 NCDOT Manual for Construction Layout This manual provides instructions for contract surveyors regarding the proper construction layout and staking procedures. https://connect.ncdot.gov/projects/construction/Construction%20%20Stakeout%20Manual/Constructio n%20Stakeout%20Manual.pdf NCDOT Municipal/Developer Submittals Guidelines for Plan Reviews and Encroachments This document provides information to municipalities and developers on the requirements for obtaining an Encroachment Permit from NCDOT. Generally speaking an encroachment permit is required any time that construction, installation, activity, or operation will take place within NCDOT’s right-of-way. The document includes a form to be completed when requesting an encroachment permit, as well as a detailed list of the information that will potentially be required for submittal as part of the plan review process. https://connect.ncdot.gov/projects/Roadway/RoadwayDesignAdministrativeDocuments/Municipal- Developer%20Submittals%20Guideline.pdf NCDOT Policy on Street and Driveway Access to North Carolina Highways This policy provides detailed information on the requirements for connecting driveways and streets with the state highway system. It outlines the procedure and requirements for requesting a street/driveway access permit, the required coordination with other agencies, the conditions and limitations that apply to these permits, requirements for site plans and studies (including traffic impact studies, traffic signal studies, and drainage studies), the permit appeals process, and the detailed design criteria for streets and driveways that access the state highway system. The District Engineer of NCDOT is responsible for the review of applications and approval or denial of permits. The District Engineer for the Hillsborough area is based in Graham. https://connect.ncdot.gov/projects/Roadway/RoadwayDesignAdministrativeDocuments/Policy%20on%2 0Street%20and%20Driveway%20Access.pdf NCDOT Traditional Neighborhood Development Street Design Guidelines Traditional Neighborhood Development (TND) is a type of development that features a denser, more- interconnected street network, a higher-than-typical density of development, and a mixture of land uses. These types of developments generally have lower transportation impacts than typical developments due to the greater potential for bicycling and walking to capture mode share and the greater potential for internal trips within the development reducing the overall volume of traffic entering and leaving the site. NCDOT has developed this document with criteria for streets within these TND projects, which supersede the design criteria in other documents where applicable. In general, the TND street design guidelines allow for narrower streets with smaller turning radii. Hillsborough Street Manual Section 1: Introduction | 5 of 48 https://connect.ncdot.gov/projects/Roadway/RoadwayDesignAdministrativeDocuments/Traditional%20 Neighborhood%20Development%20Manual.pdf NCDOT Best Management Practices for Construction and Maintenance Activities This document provides information on best management practices for controlling erosion and sedimentation from transportation projects, in order to maintain/improve water quality. https://connect.ncdot.gov/resources/roadside/FieldOperationsDocuments/Best%20Management%20Pra ctices%20for%20Construction%20and%20Maintenance%20Activities.pdf NCDOT Complete Streets Planning and Design Guidelines NCDOT adopted a “complete streets” policy in 2009 and developed this document in 2012 to provide guidance for implementation of the policy. The document provides an overview of the complete streets concept and the need for this type of approach and discusses how complete streets fit into the existing transportation planning, programming, and project development process. The document defines nine “area types” and eleven “street types” for the purpose of classifying roadways. For each street type, the document provides a sample plan view and cross-section of the street, as well as dimensional guidelines. Dimensions are defined for a number of “zones” within the cross-section, such as the “sidewalk/multi- use path zone” and the “motor vehicle zone.” Following the chapter on street types, additional chapters discuss intersection treatments (including plan drawings and information on standard intersections, roundabouts, interchanges, mid-block crossings, greenway crossings, and rail crossings), transit, and bicycle/pedestrian facilities on structures. The document can be found online at http://www.completestreetsnc.org/wp-content/themes/CompleteStreets_Custom/pdfs/NCDOT- Complete-Streets-Planning-Design-Guidelines.pdf. NCDOT Standard Specifications and Provisions All of NCDOT’s standard specifications and provisions can be found online at https://connect.ncdot.gov/resources/Specifications/Pages/Specifications-and-Special-Provisions.aspx. NCDOT Roadway Standard Drawings All of NCDOT’s standard drawings for roadway design can be found online at https://connect.ncdot.gov/resources/Specifications/Pages/2012-Roadway-Drawings.aspx. 1.4 RELATED TRANSPORTATION PLANS The Town of Hillsborough has a number of existing plans that relate to the transportation system. This is a summary of these plans; for more information please refer to the plan documents, many of which can be found at https://www.hillsboroughnc.gov/government/departments-and-divisions/planning. Please note: several of these plan documents may no longer reflect the plans or policies of the town – all plans are presented here for informational purposes only and those that are most at risk of Hillsborough Street Manual Section 1: Introduction | 6 of 48 containing outdated information are marked with a ‡ symbol. Please consult with town staff regarding the currency of planning documents before using them for decision-making purposes. Durham-Chapel Hill-Carrboro Metropolitan Planning Organization (DCHC MPO) Metropolitan Transportation Plan The Metropolitan Transportation Plan (MTP) is a long-range regional transportation plan that identifies major transportation projects that are planned for construction within the next 20 to 30 years. A project must be identified in the MTP in order to receive funding in the Transportation Improvement Program (see below). The DCHC MPO, of which the Town of Hillsborough is a member, is responsible for developing and approving this plan, which must be updated every four years. The most recent MTP at the time of this document’s writing was adopted in 2013. In addition to identifying projects for which available funding is anticipated within the next 20-30 years, the MTP also identifies other projects that are needed, but for which funding has not been identified – these are sometimes referred to as CTP projects (for “Comprehensive Transportation Plan”). In addition to highway projects, the MTP also includes a listing of planned bicycle and pedestrian projects. More information on the MTP can be found at www.dchcmpo.org. DCHC MPO Transportation Improvement Program & North Carolina Statewide Transportation Improvement Program The Transportation Improvement Program (TIP) is the document that determines which transportation projects will receive federal and state funding for construction. Because Hillsborough is within the DCHC MPO, its projects must be listed in both the DCHC MPO TIP and the North Carolina Statewide TIP, which must be in agreement with each other. The TIP is usually updated every two years. The most recent TIP at the time of this document’s writing was adopted in 2011. Projects selected for funding in the TIP must be drawn from the list of projects included in the MTP (discussed above). The most up-to-date version of the Statewide Transportation Improvement Program (STIP) can be found at https://connect.ncdot.gov/projects/planning/Pages/. DCHC MPO Collector Street Plan The DCHC MPO is in the process of developing a Collector Street Plan, which is intended to serve as a plan for the development of roads that may be too minor to appear on the Metropolitan Transportation Plan, which focuses on major facilities. A draft collector street map for Hillsborough was developed in 2012 and can be found at http://www.dchcmpo.org/dmdocuments/CSPHillsboroughMPOonlyAug20DraftRevised.pdf. Typically, roads proposed on a collector street plan include those that might be constructed by developers as properties become developed. Town of Hillsborough Community Connectivity Plan In 2009, the Town of Hillsborough adopted this plan that addresses the needs of non-motorized modes of transportation within the Town. An update to this plan was developed in 2013. Following an Hillsborough Street Manual Section 1: Introduction | 7 of 48 extensive analysis of existing safety data, destinations, existing bicycle and pedestrian facilities, barriers to connectivity, existing plans, pedestrian and bicycle amenities, and public input, the plan was developed to provide design policies, recommended facilities, and a program for implementation. Among the recommendations are maps showing high-priority and low-priority locations for sidewalk improvements, recommended curb cuts, recommended striped bicycle lane locations, and a recommended marked bicycle route through the Town. The 2009 and 2013 plans can be found at https://www.hillsboroughnc.gov/government/departments-and-divisions/planning/comprehensive-plan. Town of Hillsborough Churton Street Corridor Strategic Plan ‡ In 2006, the Town adopted a plan for the Churton Street corridor between the I-40 interchange and the NC 86-57 split. This road functions as the “Main Street” of the Town of Hillsborough, and therefore has some characteristics that are unique to it among roadways within the Town. The plan identified several key issues to be addressed, including walkability and pedestrian safety, buried utilities, traffic flow and congestion, sign clutter, building design and signage guidelines, landscaping, redevelopment, and transportation links. Specifically, the plan calls for a four-lane divided cross-section with a planted median on Churton Street between I-40 and I-85; and for a two-lane divided cross-section with a planted median on Churton Street between I-85 and the railroad crossing, and between Corbin Street and NC 57. The town continues to support these cross-sections, but implementation of the remaining aspects of the plan has been suspended. A copy of the plan can be found at https://www.hillsboroughnc.gov/government/departments-and- divisions/planning/comprehensive-plan. Town of Hillsborough US 70/Cornelius Street Corridor Strategic Plan ‡ In 2007, the Town adopted a plan for the US 70/Cornelius Street corridor, between Churton Street and Lakeshore Drive/Holiday Park Road. This plan examines issues including land use, transportation, crime, code enforcement, and site planning/design. The plan anticipates a need to widen US 70 through this area in the future based on growing traffic volumes and identifies a preferred cross-section for the widened facility as a four-lane divided roadway, including a multi-use sidepath on each side of the road. The plan also recommends the connection of several side streets that are currently unconnected to each other, and the closure of some intersections with minor side streets. The plan also includes recommendations related to future development within the corridor. This plan may be found at https://www.hillsboroughnc.gov/government/departments-and-divisions/planning/comprehensive-plan. Town of Hillsborough Downtown Access Study ‡ The Downtown Access Study was developed in 2012, in response to a decision to remove the planned Elizabeth Brady Road Extension from the region’s Metropolitan Transportation Plan. The study examined the section of Churton Street between US 70 Bypass and US 70 Business and developed specific recommendations to improve congestion and traffic flow, improve the pedestrian environment, Hillsborough Street Manual Section 1: Introduction | 8 of 48 allow for loading zones in the downtown area, and generally improve the safety of the area and enhance the experience of traveling through and around Downtown Hillsborough. Some key recommendations included lane striping changes, intersection improvements, on-street and off-street parking changes, construction of sidewalks and crosswalks, and designation of an alternate bike route. The plan can be requested from the Planning Division. Town of Hillsborough Downtown Parking Study ‡ In 2010, the Town conducted a study on parking in the downtown historic area, including an examination of on-street parking. This resulted in recommendations about parking time limits, the marking of “No Parking” zones and striping of on-street parking spaces, changes in signage, and removal of some parallel parking spaces on Margaret Lane to allow construction of a sidewalk. There were several specific recommendations with an impact on the transportation system. The plan can be found here: https://assets.hillsboroughnc.gov/media/documents/public/downtown-parking-study.pdf Town of Hillsborough Downtown Appearance Improvements Plan ‡ This plan was developed in 1998 and recommended several streetscape items to improve the overall appearance of the downtown area, including street trees, planters, litter receptacles, and lighting. This was followed up by a “Streetscape Feasibility Report” in 2001, which developed more detailed recommendations. The plan can be requested from the Planning Division. Town of Hillsborough Wayfinding Signage Plan ‡ This plan was developed in 2009 and recommends a coordinated and consistent system of signs to guide travelers to various points of interest in the town. The plan includes design and location details for a wide variety of signs, including highway directional signs, town limit signs, “Welcome to Hillsborough” signs, trailblazing signs, proximity signs, destination signs, historic district identification signs, parking directional and identification signs, route markers, and pedestrian kiosks. Maps showing the locations of proposed signs are also available. The plan can be found here: https://assets.hillsboroughnc.gov/media/documents/public/wayfinding-signage-plan.pdf Hillsborough Street Manual Section 2: Approval Process | page 9 of 48 2.1 APPROVAL PROCESS The process for approving street designs is interwoven with the overall process for approving new developments within the Town of Hillsborough. However, there are a few procedural matters that are specific to street design, and these are highlighted below. Process Flowchart The following flowchart shows the typical process for approval of street design. For information on the general approval process for a development, refer to the Unified Development Ordinance Administrative Manual, found at https://www.hillsboroughnc.gov/government/departments- and-divisions/planning/unified-development-ordinance. Developer and Town discuss requirements, issues, and concerns prior to submittal of plans. Town notifies developer of TIA requirements (if needed) and process for requesting street design waivers. Developer submits plans for development to Town for approval through process outlined in UDO. Plans include street elements, as well as TIA documentation, and note any deviations from standards. Developer and Town develop scope for Traffic Impact Analysis (if required) and TIA is conducted by firm of the applicant’s choice. For projects with significant impacts, the town may hire a review engineer to review the TIA. This expense will be charged to the applicant. Town staff and/or Technical Review Committee reviews plans. Planning Division provides staff support, in consultation with Public Works Division. Planning Manager provides approval or denial of requested waivers from street design standards. If proposed improvements affect state roads, developer simultaneously works with NCDOT to obtain necessary approvals. When state roads are affected, both NCDOT and the Town must approve the proposed design. Once construction begins, supervision/approval responsibility at the Town shifts to the Public Works Division. The developer must hire inspectors to ensure the streets are built to proper standards/specifications. After construction is complete, the new streets are dedicated to the Town (within Town limits) or to the State (outside Town limits), following final inspections and approvals. One-year warranty bond period begins when Town accepts streets. Review/approval of development proposal by Technical Review Committee, Board of Adjustment, Planning Board, or Town Board as appropriate. Refer to UDO administrative manual for details. Warranty bond released after one year, following inspection and repairs of any deficiencies. Hillsborough Street Manual Section 2: Approval Process | page 10 of 48 Traffic Impact Analysis (TIA) A Traffic Impact Analysis (TIA) is a document that analyzes the impacts that a proposed development will have on the nearby transportation network, primarily due to increased traffic generated by the development. The TIA will identify necessary improvements to the transportation network in order to ensure that the new development does not adversely impact traffic flow and congestion. The TIA is generally performed by an engineer hired by the Town and paid by the developer and is reviewed by the Town for approval. Any study requiring NCDOT concurrence must be prepared in accordance with the current NCDOT Congestion Management Capacity Analysis Guidelines. The threshold for developments requiring the completion of a Traffic Impact Analysis is whether the development will generate 800 or more vehicle trips on an average weekday and requires a special use permit from the town. The following table provides guidelines for the types of developments that will generally rise above this threshold and require completion of a TIA. Any project of a smaller size seeking a special use permit, special use rezoning or a conditional use permit may be required to have a traffic analysis completed if 1) 75 percent or more of the properties being notified of the project public hearing are already developed and the property is not located within a development governed by a master plan or 2) a majority of the properties being notified of the project public hearing are of the different zoning category than the site requesting development. Estimated TIA Requirement Thresholds1 Land Use Size of Development Single-family Residential 75 units Apartments 110 units Condominiums/Townhouses 130 units Mobile Home Parks 150 units General Retail 4,000 square feet Fast Food Restaurant 2,000 square feet Gas Station/Convenience Store Service for 6 or more vehicles concurrently Bank 3,000 square feet Hotel/Motel 130 rooms General Office 50,000 square feet Medical/Dental Office 25,000 square feet 1 Estimated using ITE Trip Generation, 7th Edition. Fitted curve equations were used where available (all except fast food restaurant, day care center, and school, which use average rates). General retail is based on the Shopping Center category since a general retail category is not available in the manual. Hillsborough Street Manual Section 2: Approval Process | page 11 of 48 Research & Development 75,000 square feet Light Industrial 120,000 square feet Manufacturing 210,000 square feet Day Care Center 10,000 square feet School 60,000 square feet Design Standard Waivers Exceptions to the design standards discussed in this document may be necessary for a variety of reasons. To request a waiver from the design standards, contact the Town of Hillsborough Planning Division. Approval or denial of the waiver is at the discretion of the Planning Director, subject to appeal to the Board of Adjustment. Construction Inspection During street construction, the developer (or developer’s contactor) is responsible for hiring a firm to provide inspection services. The firm should be selected from the list of pre-approved firms that is maintained by the Town of Hillsborough Public Works Division and must be a different firm than the one used by the developer for design and engineering work in the development. Responsibility for Maintenance The developer is responsible for maintenance of all streets and street-related infrastructure until such time as the street is accepted for dedication by the Town or the NCDOT. See below for additional requirements related to warranty bonds. Coordination with NCDOT Improvements that will impact state-owned roadways, or new streets that will be dedicated to the state (generally outside the Town limits) must be approved by both the Town and the NCDOT. While efforts have been made to ensure that the requirements contained in this document are compatible with NCDOT requirements, there may be cases when the requirements differ. When there are conflicts, the state’s requirements have precedence, but the Town’s requirements should still be followed to the extent possible. Dedication of Streets to Town Before the Town will accept any street for dedication, the developer must complete the Town of Hillsborough Public Street or Sidewalk Construction Acceptance Checklist. Hillsborough Street Manual Section 2: Approval Process | page 12 of 48 Public Street or Sidewalk Construction Acceptance Checklist 1. Prior to Construction Before construction of a public street or sidewalk begins: ☐ Utilities plans must be approved and all agencies signed off ☐ Lighting plans must be approved and all agencies signed off ☐ Pavement marking plans must be approved and all agencies signed off ☐ Signage plans must be approved and all agencies signed off ☐ All permits and approvals must be granted ☐ A pre-construction meeting has been held Before construction of structures begins in a development with new street construction: ☐ Street name signs shall be installed. Names and speed limits shall be adopted into the town code. ☐ Stop signs shall be installed. Stop sign locations shall be adopted into the town code. - Both must be maintained throughout construction for emergency service provision. - ☐ Addresses for individual parcels or proposed buildings shall be assigned by the planning department and entered in the county database (properly associated with the Parcel Identification Number and Street segment) prior to permitting for vertical construction. Projects using performance bonds shall provide detailed, sealed engineer’s estimates to determine the bond amount and allow the town at least five full working days to review and agree with the estimates prior to presenting the bonds. Estimates must clearly indicate the bonded components without overlap as follows: street (including curb and gutter), in-street drainage, sidewalk, street lighting, pavement marking and signage, landscaping and street trees, utilities (water and sewer), stormwater control mechanisms, and greenways. Requirements for utilities and stormwater control mechanisms are specified by these departments, not this document. Phased projects may request a reduction in bond amounts over the life of the project if the detailed, sealed engineer’s estimates provide values for each phase. 2. During Construction 2a. Regular Progress meetings & submittal of documentation The developer/contractor must maintain regular communication with the town’s public works division throughout the construction process to facilitate the dedication of infrastructure at the appropriate time. This may include regular progress meetings on a weekly or monthly basis, as determined by the town and developer/contractor based on the scale and scope of the development. During progress meetings, the developer/contractor shall provide the town with testing, asphalt quality documentation, delivery ticket, and change order information as detailed below. Hillsborough Street Manual Section 2: Approval Process | page 13 of 48 Testing: The developer is required to perform, at a minimum, the tests listed in the chart below. All tests shall be performed by certified inspection personnel and results submitted to the Town of Hillsborough on a monthly basis. Project Type of test Frequency/Timing Requirements for Passing ☐ Embankment Sample 1 sample per material source, per project Standard proctor ASTM D689, gradation ASTM D4042, particle size ASTM 422, moisture content ASTM D2216, and Ataberg ASTM D4318 ☐ Embankment Density Test 1 test per 3000 sf for every 12” lift – Provide test reports to town prior to placing ABC stone base ≥ 95% compaction ☐ Subgrade Sample 1 sample per material source, per project Standard proctor ASTM D689, gradation ASTM D4042, particle size ASTM 422, moisture content ASTM D2216, and Ataberg ASTM D4318 ☐ Subgrade Density Test 1 test per 2000 sf within 0” to 12” of subgrade – Provide test reports to town prior to placing ABC stone base ≥ 95% compaction ☐ Subgrade Proof-roll Proof-rolling shall be repeated until there is no evidence of "pumping" or displacement No observable “pumping” or displacement. ☐ Subgrade (ABC) Sample 1 sample per 5,000 sf or a minimum of 1 sample per project Standard proctor ASTM D689, gradation ASTM D4042 ☐ Subgrade (ABC) Density Test 1 test per 250 LF or a minimum of 1 test on the final lift 100% compaction under streets and parking ≥ 90% under general non-structure areas ☐ Subgrade (ABC) Proof-roll Proof-rolling shall be repeated until there is no evidence of "pumping" or displacement No observable “pumping” or displacement ☐ Pipe/Utility Backfill Density Test 1 test per utility or drainage pipe within edge of pavements or curb and gutters. 1 test performed on any other utility over 200 LF ≥ 95% compaction ☐ Concrete (Class A 4000 PSI) Sample: Slump test and air entrainment Minimum set of 4 cylinders per 50 cubic yards or one set per day of placement Slump test: 3 - 5 inches Air entrainment: 1.5 - 6% ☐ Concrete (Class A 4000 PSI) Strength Test Minimum set of 4 cylinders per 50 cubic yards or one set per day of placement -1 cylinder at 7-days Strength ≥ 2,800 psi Hillsborough Street Manual Section 2: Approval Process | page 14 of 48 Asphalt quality documentation for the construction of public streets paved with asphalt (refer to NCDOT Standard Specifications): ☐ Proof of Asphalt Lab Certification. ☐ Approved Job Mix Formulas. ☐ Field verification test results with Gyratory Compactor printout for each asphalt mix design utilized. ☐ QC-11 Form for each production day. ☐ QA/QC—One form with binder content for each mixture sample tested. ☐ M&T 605 Form for each production day. ☐ QC-5 Form for each day when core samples are obtained. ☐ Most recent nuclear gauge calibration (if applicable). ☐ M&T 514 QA/QC Form for each nuclear strip. ☐ M&T 516 QC Form for each day nuclear density testing is performed. Delivery Tickets for all of the following materials and certify that the material has been used in the construction of the project on a monthly basis: ☐ Aggregate base course (ABC) ☐ Binder course asphalt ☐ Surface course asphalt Change Orders must be received by the town prior to starting the change order work. 2b. Inspections During construction the developer/contractor is required to have third-party construction inspections performed at specified intervals. The town does not provide construction inspection services. The design engineer or other qualified inspector shall schedule the following inspections prior to proceeding to the next phase of construction. The town will be invited to participate in or observe each inspection session. The developer/contractor is required to provide 48 hours’ notice to the town in advance of each inspection. The following are the stages of construction that shall require inspection: ☐ Preconstruction ☐ BMP (erosion control) construction ☐ Rough Grading ☐ Major Drainage Structures (36-inch RCP or greater) ☐ Sub-grade (to include pavement, curbing and sidewalks) ☐ Sub-base ☐ Seeding & Mulching ☐ Final Pavements ☐ Final inspection -2 cylinders at 28-days Strength ≥ 4,000 psi. -1 cylinder HOLD Hillsborough Street Manual Section 2: Approval Process | page 15 of 48 3. Final Inspection ☐ The developer/contractor may request a preliminary inspection by the town when at least 75% of houses/structures have Certificate of Occupancy. ☐ The developer/contractor must request a final inspection by the town prior to submitting the request for dedication. ☐ The developer/contractor must offer infrastructure to the town within 30 days of the final certificate of occupancy being issued. For phased projects, this can occur within 30 days of the final certificate of occupancy being issued within that phase. The town may not accept infrastructure still subject to construction damage and may defer any offer until construction is complete. ☐ The inspection is required to review streets, sidewalks, stormwater infrastructure, and accessibility requirements. ☐ Town staff will inspect trees and landscaping, signage, and pavement markings for plan compliance 4. Before Final Acceptance of a Public Street or Sidewalk: ☐ Developer must provide certification of plan compliance (Engineer must sign and seal document) ☐ Developer must provide certification of ADA compliance (Engineer must sign and seal document) ☐ Developer must provide certification that all roads are constructed to NCDOT and Town of Hillsborough standards (Engineer must sign and seal document) ☐ All change orders must be documented and reported to town ☐ Scaled as-built drawings must be provided to the town showing all utilities and total linear footage of streets and sidewalks (hard copy and electronic copies) ☐ As-built stormwater infrastructure information must be submitted electronically in accordance with the current version of The Town of Hillsborough As-Built Submittal Requirements document. ☐ Substantial completion certificate must be provided to town ☐ Inspection reports must be provided to town ☐ Schedule of values for road and sidewalk construction costs must be provided to town ☐ Maintenance agreements must be in place (landscaping, custom signage etc.) ☐ Compliance with checklists must be established ☐ Easements and plats must be recorded ☐ A written offer of dedication (notarized) from the property owner is submitted. Once all required documentation is received, staff will place the request on the next town board agenda as a consent agenda item with a resolution documenting acceptance. Only after town board action is the infrastructure accepted by the town. Staff has no authority to accept dedications. 5. Warranty Period: ☐ One-year warranty period begins once the Town Board accepts streets ☐ A street infrastructure warranty inspection will occur ten months after street acceptance. A punch list of items to be repaired will be provided to the developer/owner. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 16 of 48 3.1 ROADWAY CLASSIFICATIONS For the purpose of defining design standards for different types of roadways within the Town of Hillsborough, this document breaks roads into six basic categories, three of which are further divided into options with and without closed drainage. Each of these categories is discussed below, followed by more detailed information on the applicable standards and cross-section and plan-view illustrations. Category Closed Drainage (C&G) Open Drainage (Swale) Residential Local   Residential Collector   Commercial/Industrial Local  Commercial/Industrial Collector  Two-lane Arterial   Multi-lane Boulevard  Residential Local This street type includes the majority of streets within the Town, which are low-volume, low-speed streets in primarily residential areas. These streets should be designed to encourage low speeds and a safe environment for automobiles, bicycles, parked vehicles, and the occasional truck to share the available pavement. In general, these streets should usually be designed with curbs and gutters, but in some cases topographic, hydrologic, or policy considerations may make the design option with drainage swales more appropriate. If on-street parking is anticipated, then the curb and gutter design is more appropriate to use. Local streets typically carry less than 800 vehicles per day. Residential Collector Collectors are moderate-speed, moderate-volume roadways that “collect” traffic from local streets and connect with the larger roadway network of the community. In residential areas, collector streets often provide access to individual homes in addition to their role in the connectivity of the street network. It is appropriate to provide markings on the roadway to separate the spaces designated for automobiles and trucks, bicycles, and parked vehicles on a collector street. The default cross-section assumes the use of curbs and gutters and provides on-street parking on one side of the street2. An alternate design with open drainage swales is also available, although it does not allow for on-street parking. Collector streets typically carry more than 800 vehicles per day. 2 In cases where it can be reasonably shown that on-street parking is unnecessary, the on-street parking lane width may be omitted. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 17 of 48 Commercial/Industrial Local Local streets in commercial or industrial areas are similar to their residential counterparts, although they are wider to allow for easier navigation by trucks. These streets generally have low speeds and low traffic volumes, and are able to accommodate automobiles, trucks, bicycles, and parked vehicles within a shared space. There are generally center line and stop bar markings on the roadway. The standard design for these streets includes curbs and gutters. Local streets typically carry less than 800 vehicles per day. Commercial/Industrial Collector Like their residential counterparts, collector streets in commercial and industrial areas are designed to carry moderate levels of traffic at moderate speeds and to connect local streets to the larger roadway network. The lane widths on residential and commercial/industrial collector streets are the same, but in commercial/industrial areas the design allows for on-street parking on both sides of the road. Alternatively, the design also allows for the presence of a dedicated left-turn lane or two-way left-turn lane in lieu of on-street parking. The decision for which of these two design options is most appropriate within a given site should be based on the characteristics of the site and whether it would be more appropriate to provide on-street parking or to provide a dedicated left-turn lane3. All streets in this category are assumed to use curbs and gutters for drainage. Collector streets typically carry more than 800 vehicles per day. Two-lane Arterial An arterial is a higher-volume, higher-speed roadway that serves a primary purpose as a long-distance through-route connecting different communities. These are typically state primary highways or major secondary highways and are typically located in more suburban and rural areas (major roads through downtown areas, such as Churton Street, typically function more similarly to collector streets). Two-lane arterials can be designed either with curbs and gutters (more appropriate in developed areas) or with open drainage swales (more appropriate in undeveloped areas). These roads can also be designed with a left-turn lane when needed, which is appropriate in areas with a high number of driveways or a high volume of left-turning traffic. Arterial streets carry more than 1200 vehicles per day, often significantly more. It is important to note that the difference between a collector and an arterial is primarily based on the function of the roadway, not on the volume alone—collectors are designed to connect local neighborhoods to the larger roadway system and also serve as local access routes, whereas arterials are designed to carry higher volumes of traffic at higher speeds with fewer interruptions of traffic flow. 3 In cases where it can be reasonably shown that both on-street parking and left-turn lanes are unnecessary along a street (or a portion of a street), these may be omitted, and the overall roadway width narrowed accordingly. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 18 of 48 Multi-lane Boulevard In general, any road with four or more lanes should be designed as a divided “boulevard” with a grass and/or landscaped median. This type of design has multiple benefits over an undivided or “5-lane” design, including improved safety, traffic flow, and aesthetics. These roads should be designed with curbs and gutters and should have separate lanes for motor vehicles and bicycles. On-street parking is generally not recommended on this type of roadway, due to the higher volumes of traffic. A multi-lane boulevard may be used on either a collector street or an arterial street, with similar design features; however, in general the median width and planting strip width for a collector-type boulevard should be on the shorter end of the provided range and the median width and planting strip width for an arterial-type boulevard should be on the longer end of the provided range, due to the higher volumes and speeds on an arterial roadway versus a collector roadway. An example of a collector-type boulevard is Waterstone Drive. An example of an arterial-type boulevard is the proposed future widening of South Churton Street. Map of Existing Roadway Classifications On the next page you will find a map showing recommended classifications for all streets currently within the Town of Hillsborough and its Extraterritorial Planning Jurisdiction. This map is intended to provide guidance regarding improvements that may be undertaken along existing streets in connection with development activity—for more information on retrofitting existing streets, see Section 2.2. Please note that it is not the intention of the Town of Hillsborough to bring all existing streets up to the standards outlined in this document. Please note that the map incorporates planned roadway improvements from the DCHC MPO Metropolitan Transportation Plan and the Churton Street and Cornelius Street corridor plans. On the pages that follow the map you will find diagrams showing the proposed cross-section and plan view for each of the nine roadway classifications, as well as a summary of the design elements for each. These drawings are meant to be illustrative of the “typical” design for streets and are not engineering drawings. In some situations, particularly retrofits of existing streets, there may be variations from these typical sections. There is additional information available regarding each of the design elements in Section 2.2. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 19 of 48 Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 20 of 48 Residential Local Streets are the primary type of street found within residential neighborhoods. These are low-volume, low-speed streets, where it is appropriate for bicycles, automobiles, and parked vehicles to share space within the roadway. By default, most new residential local streets should be designed with curb and gutter, although there may be exceptions – a separate design is provided for streets without curb and gutter. Summary of Design Elements Right-of-way width 60 feet Roadway width (face of curb to face of curb) 26 feet Planting strip width 6 feet on each side of street Sidewalk width 5 feet on each side of street Maintenance/utilities strip width 6 feet on each side of street Curb radius at intersections 5 feet recommended, 10 feet maximum Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 20-25 miles per hour Lane striping none Crosswalk striping standard On-street parking allowed Please see next page for information on Residential Local Streets without curb and gutter treatments. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 21 of 48 Residential Local Street (option without curb & gutter) – this street type is appropriate in locations with low traffic volumes and speeds, very low usage of on-street parking, and geographic conditions that make open drainage preferable. This design should only be used sparingly in new developments. The design is not able to accommodate on-street parking. Sidewalks are located on the rear side of drainage swales. Summary of Design Elements Right-of-way width 60 feet Roadway width (to edge of pavement) 20 feet Grass shoulder width 3 feet Drainage swale width 8 feet on average (may vary) Planting strip width 4 feet, located behind drainage swale Sidewalk width 5 feet, located behind drainage swale Curb radius at intersections 5 feet recommended, 10 feet maximum Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 20-25 miles per hour Lane striping none Crosswalk striping standard On-street parking not recommended Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 22 of 48 Residential Collector Streets are the streets that “collect” traffic from local streets and connect to the larger transportation network. These are medium-speed, medium-volume streets, and as such include separated lanes for motor vehicle traffic, bicycle traffic (optional as appropriate), and parked vehicles. By default, most new residential collector streets should be built with curb and gutter, although there may be exceptions – a separate design is provided for streets without curb and gutter. Summary of Design Elements Right-of-way width 70 feet Roadway width (face of curb to face of curb) 40 feet (34 feet at crosswalk bulbouts) Planting strip width 6 feet on each side of street Sidewalk width 5 feet on each side of street Curb radius at intersections 5 feet recommended, 10 feet maximum Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 25-35 miles per hour Lane striping travel lanes, bicycle lanes (opt.), parking lane Crosswalk striping standard (minor crossings) or high-visibility (major crossings or poor-visibility crossings) On-street parking allowed on one side only (marked) Please see next page for information on Residential Collector Streets without curb & gutter treatments. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 23 of 48 Residential Collector Street (option without curb & gutter) – this street type is appropriate in locations where a residential collector street is desired but geographic conditions make open drainage preferable. This design should only be used sparingly in new developments. The design is not able to accommodate on-street parking and should not be used in areas where on-street parking is desirable. Sidewalks are located on the rear side of drainage swales. Summary of Design Elements Right-of-way width 70 feet Roadway width (to edge of pavement) 30 feet Grass shoulder width 3 feet Drainage swale width 8 feet on average (may vary) Planting strip width 4 feet, located behind drainage swale Sidewalk width 5 feet, located behind drainage swale Curb radius at intersections 5 feet recommended, 10 feet maximum Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 25-35 miles per hour Lane striping travel lanes, bicycle lanes (or paved shoulders) Crosswalk striping standard (minor crossings) or high-visibility (major crossings or poor-visibility crossings) On-street parking not allowed Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 24 of 48 Commercial/Industrial Local Streets are the standard type of streets found within business and industrial districts. These are low- speed streets intended to provide access to businesses and are appropriate for mixed traffic. All commercial/industrial streets should be designed with curb and gutter as the standard design. These streets are intended to allow on-street parking and provide room for truck movements. Summary of Design Elements Right-of-way width 60 feet Roadway width (face of curb to face of curb) 36 feet Planting strip width 6 feet on each side of street Sidewalk width 5 feet on each side of street Curb radius at intersections 10 feet Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 20-25 miles per hour Lane striping marked center line, parking stalls Crosswalk striping standard On-street parking allowed Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 25 of 48 Commercial/Industrial Collector Streets are the network of streets within business/industrial areas that connect local streets with the larger highway network. These are generally medium-speed, medium-volume streets, and as such should have separate marked lanes for motor vehicle traffic, bicycle traffic, and parked vehicles. All commercial/industrial streets should be designed with curb and gutter as the standard design. The standard cross-section should be used in areas with little turning traffic or where on- street parking is desirable. The left- turn lane cross-section should be used in areas with heavy left-turn volumes and can be either a standard turn lane or a two-way left turn lane. Summary of Design Elements Right-of-way width 70 feet Roadway width (FOC to FOC) 48 feet (36’ at bulbouts) Planting strip width 5 feet (each side) Sidewalk width 5 feet (each side) Curb radius at intersections 10 feet Street trees (in planting strip) every 40 feet Street lighting (in planting strip) at intersections, and On-street parking allowed in at least every 175 feet marked areas Speed limit 25-35 miles per hour Crosswalk striping standard (high visibility at major/poor-visibility crossings) Lane striping travel lanes (11’), turn lanes (12’), bike lanes (opt., 5’), parking lanes (8’) Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 26 of 48 Two-lane Arterial – this category includes major streets whose primary function is to move higher volumes of traffic over longer distances. Many of these streets are maintained by the NCDOT. These cross-sections are intended to complement the NCDOT Complete Streets Planning and Design Guidelines. Two options are provided, with and without a left-turn lane. Curb and gutter drainage treatments are assumed by default. Summary of Design Elements Right-of-way width 100 feet Roadway width (face of curb to face of curb) 38 feet (52 feet with left turn lane) Planting strip width 8 feet on each side of street Sidewalk width 5 feet on each side of street Curb radius at intersections 15 feet Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 35-55 miles per hour Lane striping travel lanes (12’), left turn lane (14’), bike lane (opt., 5’, not including gutter) Crosswalk striping high visibility On-street parking not recommended See next page for an example without curb & gutter treatments. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 27 of 48 Two-lane Arterial (option without curb & gutter) – in some cases, it may be necessary to design arterial streets with open drainage due to site-specific reasons. This optional cross-section has been developed for those cases and has similar characteristics to the standard arterial cross-section. Two options are provided, with and without a turn lane (which may be a directional turn lane or a two-way left turn lane). Summary of Design Elements Right-of-way width 100 feet Roadway width 34 feet (48 feet with left turn lane) Grass shoulder width 3 feet on each side of street Drainage swale width 8 feet on average (may vary) Planting strip width 6 feet on each side of street Sidewalk width 5 feet on each side of street Curb radius at intersections 15 feet Street trees (within planting strip) every 40 feet Street lighting (within planting strip) at intersections, and at least every 175 feet Speed limit 35-55 miles per hour Lane striping travel lanes (12’), left turn lane (14’), bike lane or paved shoulder (5’) Crosswalk striping high visibility On-street parking not recommended Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 28 of 48 Multi-lane Boulevard All multilane roadways should be designed as boulevards, with grassy and/or landscaped medians. This type of design may be appropriate on collector or arterial streets. Summary of Design Elements Right-of-way width 120 feet (collector) Roadway width (FOC to FOC) 31 feet (one side) 150 feet (arterial) (42’ at LT lanes) Planting strip width 6-8 feet (each side) Sidewalk width 5 feet (each side) Curb radius at intersections 15 feet Street trees (in planting strip) every 40 feet Street lighting at intersections, and Street trees (in median) when median is (in planting strip, both sides) at least every 175 feet wider than 15’ On-street parking not recommended Median width 18-24 feet Speed limit 25-55 miles per hour Crosswalk striping high visibility Lane striping travel lanes (11’), turn lanes (11’), bike lanes (opt., 5’) Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 29 of 48 3.2 ROADWAY DESIGN ELEMENTS There are a number of elements that must be considered in the design and construction of streets. This section provides more detailed information about these design elements, including potential variations and notes of caution. Note: All measurements involving curbs are taken from the face of the curb, not the back! Motor Vehicle Travel Lanes The main travel lanes of a street are generally designed to be between 10 feet and 12 feet wide, with narrower lanes on minor, low-speed streets, and wider lanes on major, high-speed streets. This document calls for the following lane widths within each roadway classification: Residential Local streets – no striped lanes; roadways are generally wide enough to accommodate 9-10 feet of space for each of two cars to pass each other when cars are parked on one side of street and 12 feet of space for a single car to pass between cars parked on both sides of street Commercial/Industrial Local streets – no striped lanes; roadways are generally wide enough to accommodate 11 feet of space for each of two cars to pass each other when cars are parked on both sides of street Residential Collector streets – 10 feet Commercial/Industrial Collector streets – 11 feet Two-lane Arterial streets – 12 feet Multi-lane Boulevards – 11 feet It is important to note that when travel lanes are adjacent to the curb, the width of the gutter pan does not count as part of the travel lane, so the effective width of the lane (including the gutter pan) would be two feet wider. Bicycle Lanes Bicycle lanes are required on streets that are designated for bicycle lanes in the Town’s Community Connectivity Plan, and are recommended but optional on all other collectors, arterials, and boulevards. These lanes should be 5 feet wide, not including the width of any adjacent gutter pan (the effective width when including the gutter pan is 7 feet). In general, bicycle lanes should always be placed to the right of the main travel lanes and to the left of any on-street parking lane. On streets with curbs and gutters, the bicycle lane should contain pavement markings and/or signage to indicate that it is a bicycle lane, so it is not confused with an on-street parking lane. On streets without curbs and gutters, the bicycle lane can be marked as such or it can simply be left unmarked as a paved shoulder. For information on bicycle lane signage and pavement markings, please refer to the Manual on Uniform Traffic Control Devices (MUTCD). Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 30 of 48 The Community Connectivity Plan calls for bicycle lanes on US 70/Cornelius Street; Churton Street between US 70 and Corbin Street; Churton Street south of US 70A near the Eno River; US 70A east of Churton Street; and NC 86 south of US 70A. See the sections below on Right-turn Lanes and Roundabouts for additional information on accommodating bicycle lanes at intersections. Parking Lanes Parking lanes may be provided on residential and commercial/industrial collector streets. On-street parking is also permitted on local streets, although a specific parking lane is not striped on residential local streets. Spaces are marked on commercial/industrial local streets but are not striped as a “lane.” Parking lanes are 8 feet wide, which does include the width of the gutter pan (unlike the other categories of lanes)—this means that the edge of the parking lane should be striped 6 feet from the edge of the gutter pan. In most areas, individual parking stalls should be marked within these parking lanes; however, in some lower-use areas it may be possible to stripe the parking lane without marking individual stalls to allow more flexible use of the space. Spaces should be between 22 and 26 feet in length, depending on the space available; spaces that are at the beginning or end of a line and which have room to maneuver straight in and out without encroaching on other parking spaces may be a minimum of 20 feet in length. When approaching an intersection or mid-block crosswalk on a collector street, the parking lane should end before reaching the crosswalk, allowing for a pedestrian “bulb-out” at the location of the pedestrian crossing. This improves safety by shortening the distance that pedestrians must cross in the street and improving visibility between pedestrians and motorists. On local streets, where bulb-outs are not required, parking spaces should not be marked within 20 feet of a crosswalk. In some areas, there may not be a need to provide on-street parking on a collector street (for example, if the street is passing through a protected open space where there are no nearby buildings, or if the neighboring land uses all have adequate off-street parking lots). Left-turn Lanes Left-turn lanes are permissible on Commercial/Industrial Collector streets, Two-lane Arterial streets, and Multi-lane Boulevards. On boulevards, left-turn lanes should be provided at all median breaks where left turns and/or U-turns are permitted. On commercial/industrial collector and arterial streets, left-turn lanes should be provided at locations where (1) there are many intersections or driveways in close proximity or (2) there is an intersection or driveway with a heavy left-turn volume. Left-turn lanes can serve vehicles in a single direction (typically at an intersection or major driveway) or with a two-way left- turn lane (TWLTL). The need for left-turn lanes will typically be determined through a Traffic Impact Analysis. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 31 of 48 Left-turn lanes should have the following widths within each roadway classification: Commercial/Industrial Collector streets – 12 feet Two-lane Arterial streets – 14 feet Multi-lane Boulevards – 11 feet (13 feet effective width when including gutter pan) Right-turn Lanes The provision of dedicated right-turn lanes is generally discouraged unless a completed Traffic Impact Analysis indicates a demonstrated need for one. Otherwise, right-turn traffic should use the right-most motor vehicle travel lane. When right-turn lanes are provided, they should have the same dimensions as the nearest motor vehicle travel lane (not including the width of the gutter pan as part of the lane). The right-turn lane should be adjacent to the curb or edge of pavement, to the right of the bicycle lane. The diagram below provides an illustration of the location and marking of bicycle lanes in relation to right-turn lanes. When the bicycle lane continues straight through the intersection: At the beginning of the right-turn lane, the bicycle lane marking should transition to a dashed line indicating the space where bicycle traffic will cross over the path of the right-turning motor vehicle traffic. At the intersection, the bicycle lane should be located between the main travel lane(s) and the right-turn lane. A sign at the beginning of the right-turn lane should indicate that turning vehicles must yield to bicycles in the bicycle lane. When the bicycle lane ends at the intersection: The bicycle lane should end shortly before the beginning of the right-turn lane and there should be a sign indicating that bicycles must merge into the travel lane. Images taken from North Carolina Complete Streets Planning & Design Guidelines Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 32 of 48 Intersection Curb Radius and Approach Angle The curb radius (or edge-of-pavement radius for a street without curbs) at an intersection has an impact on the ease of making turns in large vehicles and the ease of crossing the intersection for pedestrians and bicycles. Larger curb radii make it easier for vehicles to turn, but smaller curb radii make it easier and safer for pedestrians to cross the street. In general, streets that are more likely to have truck traffic or have higher speeds will need larger curb radii. The following curb radii are recommended for each roadway category: Residential Local – 5 feet recommended, but up to 10 feet allowed Residential Collector – 5 feet recommended, but up to 10 feet allowed Commercial/Industrial Local – 10 feet Commercial/Industrial Collector – 10 feet Two-lane Arterial – 15 feet Multi-lane Boulevard – 15 feet When a dedicated right-turn lane is provided, a larger curb radius may be necessary for truck movements, since the lane is located directly adjacent to the curb. In addition to curb radius, another major consideration at intersections is the approach angle of intersecting streets. Streets should intersect at as close to a 90-degree angle as possible. Approach angles less than 60 degrees are not permitted. Roundabouts Roundabouts are growing in popularity as an alternative way to design intersections. There are several special considerations that must be addressed when designing roundabouts. The following information is taken from the North Carolina Complete Streets Planning and Design Guidelines: Roundabouts are a type of yield-controlled intersection characterized by a generally circular shape and design features that create a low-speed environment. A roundabout requires entering traffic to yield the right of way to traffic already in the roundabout. This yield control keeps traffic flowing and can prevent traffic backups as well as delays for motorists, bicyclists, and pedestrians. When operating within their capacity, roundabout intersections typically operate with shorter vehicle delays than other intersections, especially during non-peak traffic times. For this reason, roundabouts support motor vehicle capacity objectives and, when properly designed, also support bicycle and pedestrian travel. The size, geometry, and applicability of a roundabout is determined by many variables, including street and area type, available space, layout of the existing intersection, intended objectives, traffic volume, the sizes of the vehicles using the roundabout, and the need to design appropriately for speeds that provide safe accommodation for all users. Roundabouts can help address safety and congestion concerns at intersections. They are designed to enhance traffic efficiency, safety, and aesthetics, and minimize delay for all users including motorists, bicyclists, and pedestrians. The benefits to bicyclists and pedestrians are easiest to obtain with single- Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 33 of 48 lane roundabouts. Multiple-lane roundabouts can provide difficulties for pedestrians and bicyclists and are not recommended in most situations. When designing a roundabout, the design team should consider the following: • Apply roundabouts where the context and design objectives allow, but avoid their use for capacity improvements where there are very unequal traffic volumes between the intersecting streets (particularly where one has a very high volume) • Construct crosswalks (and pedestrian refuges) at least one car length from the roundabout entrance • Construct the smallest diameter roundabout necessary, with the minimum number of lanes to meet the capacity needs, with single-lane roundabouts preferred • Construct roundabouts to keep the internal circulation speed low enough to minimize the speed differential between motor vehicles and bicycles • Construct splitter islands at all entrances, and design them to slow vehicle speeds through deflection, guide motorists and cyclists properly into the roundabout, and to be wide enough to serve as pedestrian refuge islands at crosswalks • On high-volume roundabouts, provide a separate bike path to allow bicyclists to leave the street prior to the roundabout and re-enter after the roundabout – design carefully to avoid bicycle and pedestrian conflicts at these points; and note that in all roundabouts bicyclists may “take the lane” and travel through the roundabout as a vehicle • For most roundabouts, the bicyclist should generally “take the lane”, so provide for a transition out of the bike lane prior to entering the roundabout • Consider reducing entrance speeds by providing speed tables at crosswalks (see Traffic Calming discussion below) • Provide for large vehicle movements by constructing a mountable apron for the roadway center – ensure that the apron is not comfortably mounted by passenger cars The illustrations on the next page show the general features of a roundabout and the treatment of bicycle lanes as they approach roundabouts. Additional information about roundabout design can be found at http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_672.pdf. The Federal Highway Administration makes the following recommendations regarding the sizing of roundabouts (inscribed circle diameter), based on the area type and design vehicle: • Mini-roundabouts (design vehicle is Single Unit Truck) – 45-80 feet • Urban compact (design vehicle is Single Unit Truck/Bus) – 80-100 feet • Urban single lane (design vehicle is WB-50 truck) – 100-130 feet • Rural single lane (design vehicle is WB-67 truck) – 115-130 feet Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 34 of 48 Images taken from North Carolina Complete Streets Planning & Design Guidelines Bridges & Culverts Bridges and culverts should be designed in accordance with applicable NCDOT standards and should be designed to accommodate bicycle lanes and sidewalks as indicated in the appropriate cross-section for the category of roadway involved. Bridge railings should be designed at an appropriate pedestrian scale when located adjacent to a sidewalk. Driveways & Access Management The Unified Development Ordinance for the Town of Hillsborough and the NCDOT Policy on Street and Driveway Access to North Carolina Highways provide rules regarding the design and location of driveways. In general, on Commercial/Industrial Collectors, Two-lane Arterials, and Multi-lane Boulevards it is recommended to limit the number of direct driveway access points and encourage access management concepts such as shared driveways and improved internal circulation within and between development sites. Curbs & Gutters It is expected that most new or improved streets within the Town of Hillsborough will be designed with curbs and gutters for stormwater drainage. These should be designed in accordance with the standards of the Town of Hillsborough and the NCDOT. The standard design will include a gutter pan that is 2 feet wide and a curb that is 6 inches wide (for a total width of 2.5 feet). Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 35 of 48 All measurements that are provided in the cross-sections within this document measure from the face of the curb. This means that the effective width of any features located behind the curb will actually be 6 inches shorter when measured from the back of the curb. For example, the Residential Local street cross-section includes a 6-foot planting strip adjacent to the curb—the effective width of this planting strip, after accounting for the width of the curb, will only be 5.5 feet. Gutter pans are generally not included in the calculation of the width of an adjacent lane, with the exception of parking lanes. This is because motorists and bicyclists do not generally treat the gutter as part of the travel lane. Drainage Swales It is anticipated that most new or improved streets in the Town of Hillsborough will be designed with curbs and gutters, but in some cases there may be topographic, hydrologic, or policy reasons for designing streets with open drainage for stormwater. This is permissible on Residential Local, Residential Collector, and Two-lane Arterial streets. The cross-sections provided in this document assume an average width of 8 feet for drainage swales, but in reality, the necessary width of these swales would be determined by site conditions and topography. Changes in the right-of-way width may be necessary to accommodate swales greater than 8 feet wide. The width of the grass shoulder, planting strip, and sidewalk on these streets should not be modified. Street Trees Street trees should generally be planted within the planting strip that is located between the street and the sidewalk and should be spaced approximately every 40 feet. Street trees should not be placed within 20 feet of an intersection, in order to ensure visibility for motor vehicles. The trees should generally be placed at the center of the planting strip, or at minimum 2.5 feet from the edge of the sidewalk (center of tree)—on some cross-sections with narrow (4 foot) planting strips next to drainage swales this means that the trees should be placed closer to the swale rather than at the center of the planting strip. When retrofitting existing streets, it may not be possible to place the street trees in a planting strip between the sidewalk and the road. In this case, the street trees may be placed behind the sidewalk, and a narrower planting strip (minimum 3 feet) may be used between the street and sidewalk. It may also be impermissible to place trees in the planting strip between a street and sidewalk on certain NCDOT-maintained streets based on NCDOT regulations, in which case the street trees should be placed behind the sidewalk and a narrower planting strip (minimum 3 feet) may be used between the street and sidewalk. On divided boulevards, street trees may also be provided in the median in any location where the median width exceeds 15 feet (face of curb to face of curb). These trees should be located at the center of the median and should be spaced approximately every 40 feet. Street trees should not be placed within 20 feet of an intersection, and by default should not be placed in areas with left-turn lane pockets (since the median width in these areas will be less than 15 feet). Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 36 of 48 The types of trees permitted are governed by the Town of Hillsborough, as well as the NCDOT (on state- owned roadways). A list of recommended and prohibited trees may be found in the Hillsborough Unified Development Ordinance Administrative Manual at https://www.hillsboroughnc.gov/government/departments-and-divisions/planning/unified- development-ordinance. Street Lighting Street lighting must be provided along all new or improved streets. Lights should be provided at all intersections, and at least every 175 feet along a street. On multi-lane boulevards, lights should be provided along both sides of the street. Developers are to use fixtures that accommodate LED fixtures and request them at initial installationare required. Currently wattage choices are 50 & 70 watts and are generally most appropriate in residential and commercial settings respectively. In all situations, 3000 kelvin color temperature is the town standard. The town and developer will cooperatively make the wattage choice before installation to best suit everyone’s purposes. Developers will be responsible for the cost of the first three years of operating this lighting—the Town will take over the operating costs for lighting on public streets after the three-year period endsupon final street acceptance. The Town will only take on operating costs (electricity) of lights that use standard cobra flat lens design provided by the electric utility; operating costs (electricity) and special pole fees of any other style of street lighting (including the Traditional or Sanibel designs shown below) will be the ongoing responsibility of the developer, property owner, or homeowners’ association (as applicable). The following three designs are recommended for use as street lights in the Town. Cobra Flat Lens Traditional Sanibel LED Signage & Street Naming All signs placed along streets must conform to the requirements of the Manual on Uniform Traffic Control Devices (MUTCD), which can be found at http://mutcd.fhwa.dot.gov/. Customized signs that differ from the standard street signs used within the Town of Hillsborough are permitted, but must conform to MUTCD requirements, which can also be found in Appendix C. The developer, property owner, or homeowners’ association (as applicable) will be responsible for maintenance of any non- standard or customized signage. The Town will assume maintenance responsibility for standard signs. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 37 of 48 Street names must not duplicate or be similar to the names of streets elsewhere within Orange County. For example, Hampton and Hampden or Frazier and Fraser are too similar to each other. Evergreen Court and Evergreen Drive are also too similar, as are Howard Road and Howard School Road, and would not be allowed. All street naming must be done in coordination with Orange County Emergency Services. Signals All traffic signals should be designed according to the design criteria of the NCDOT. Currently all signals within the Town are maintained by NCDOT as they are all located on state roads, but any future signals that may be located exclusively on town-maintained roads would be maintained by the Town. Street Spacing and Layout Section 6.21 of the Town’s Unified Development Ordinance provides detailed requirements on the minimum spacing between intersections, maximum block length, provision of stub-outs, and connection of streets between parcels. These requirements can be found at https://www.hillsboroughnc.gov/government/departments-and-divisions/planning/unified- development-ordinance. Traffic Calming Traffic calming treatments may be appropriate on some new streets, particularly on residential collector streets where there is a desire to strike a balance between the needs of residents on a street and the traffic passing through the neighborhood. The Town has a Traffic Calming Policy (included in Appendix B) that includes a discussion of a number of potential traffic calming treatments that could be appropriate to apply to a new street. Any proposed traffic calming treatments should take care to ensure pedestrians and bicyclists are not impeded by the proposed treatment. While a petition is not necessary when proposing traffic calming treatments on a new street, the proposed treatments must still be reviewed and approved by the Town. Traffic calming measures may only be used on streets classified as Residential Local or Residential Collector and only on town-maintained streets (not on NCDOT-maintained streets), in accordance with Town policy. Right-of-Way Minimum rights-of-way are defined in this document for each category of roadway. In some areas, topographic conditions may require that additional right-of-way be provided, particularly if large amounts of earthwork will be required. The minimum rights-of-way are: Residential Local – 60 feet 4 Residential Collector – 70 feet 4 The Unified Development Ordinance allows a 50-foot minimum right-of-way on cul-de-sac streets. The Residential Local cross-section can be accommodated on a 50-foot right-of-way by placing the utility strip outside the public right-of-way. However, a 60-foot right-of-way is still recommended on these streets. Hillsborough Street Manual Section 3: Roadway Classification and Design Elements | page 38 of 48 Commercial/Industrial Local – 60 feet Commercial/Industrial Collector – 70 feet Two-lane Arterial – 100 feet Multi-lane Boulevard (collector-type) – 120 feet Multi-lane Boulevard (arterial-type) – 150 feet Special Considerations when Retrofitting Existing Streets The standards in this document are intended primarily for use in designing new streets, but they can also be useful in designing improvements to existing streets. For example, these standards can be used to design off-site street improvements that are necessitated by new developments. When applied to existing streets that are being retrofitted, these standards should be viewed as guidelines rather than requirements—it is understood that it may not be possible or desirable bring all existing roads up to these design standards, but they do establish a baseline level of expectation regarding necessary improvements. In retrofit situations, the developer and town will need to negotiate regarding the appropriate design of improvements. Example: A developer is proposing a 200-unit apartment complex along an existing commercial collector street. The complex will also have a rear access point along an existing narrow residential local street. A Traffic Impact Analysis is completed and suggests the need for a left-turn lane on the collector street. Due to right-of-way constraints on the existing collector street, the lanes on the street are narrowed to 10 feet instead of 11 or 12 feet, in order to accommodate the turn-lane with minimal impacts to neighboring properties. Town staff also requests improvements to a 300-foot section of the residential local street between the apartment complex entrance and a nearby collector street. The local street currently has open drainage, no sidewalks, and a 40-foot right-of-way. In order to remain within the existing right-of- way, the developer proposes to modify the standard cross-section by installing curb and gutter and not constructing a planting strip or street trees between the street and the sidewalk. Private Streets The Town of Hillsborough Unified Development Ordinance (UDO) includes regulations regarding the design, location, and permissible application of private streets—refer to Section 6.21.4 of the UDO and Appendix A of this document for more information. In general, private streets located in attached- dwelling or multi-family developments must conform to the same design standards as public streets. Private streets are also permitted in minor subdivisions in single-family residential areas when four or fewer homes will have access/frontage on the street, and the design of these streets is governed by the UDO. Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 39 of 48 4.1 Pedestrian and Bicycle Paths Sidewalks Generally, sidewalks are required on both sides of all new or improved streets. Sidewalks on new streets should be located behind a planting strip containing street trees. New development on a parcel that fronts a street segment must do one of the following: 1. Construct the sidewalk along the designated frontage. 2. Make a payment to the town in lieu of constructing a sidewalk. 3. Complete a combination of the first two options. All payments received must be deposited into the town’s sidewalk construction capital fund. Sidewalk Design Standards • Sidewalks shall be at least five (5) feet wide and constructed of concrete at least five (5) inches thick, or such other material as may be approved by the permit issuing authority • Sidewalks must include a curb and gutter • Minimum strength 3000 psi concrete • Minimum 1% cross-slope for drainage, maximum 2% cross-slope • New sidewalks are required to meet NCDOT standards • For non-residential lots with existing sidewalks or for sidewalks constructed as part of a new development, shade trees shall be located in the parcel front yard so as to shade the walkway without damaging it. The shade trees shall be installed 10’ behind the sidewalk and be spaced no greater than 40’ on center. This requirement shall not be applied to non-residential buildings built within 10’ of the ROW or with a front courtyard or other site features that provide similar shading. • For non-residential buildings built within 10’ of the right-of-way shade trees shall be installed between the curb and sidewalk in accordance with town planting and right- of-way standards. • Expansion joints every 30 feet • The running grade of a sidewalk may not exceed 5% or the running grade of the adjacent roadway, whichever is greater—in areas where a steeper grade is necessary, the sidewalk should be designed as a ramp, which may not have a slope greater than 1:12. • Sidewalks and walkways shall be constructed to meet Accessible Design Standards set by the Americans with Disabilities Act ADA Requirements for Sidewalks, shared-use paths, and curb cuts The ADA Standards for Accessible Design list the following requirements, which apply to sidewalks, greenways, shared-use paths, and curb cuts in Hillsborough. • Surfaces along accessible routes shall be stable, firm, and slip resistant. • The maximum slope for an ADA sidewalk is 1:20; any part of an accessible route with a slope greater than 1:20 shall be considered a ramp. Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 40 of 48 • The least possible slope shall be used for any ramp. The maximum slope of a ramp in new construction shall be 1:12. The maximum rise for any run shall be 30 inches. • Curb ramps and interior or exterior ramps constructed on sites or in existing buildings or facilities where space limitations prohibit the use of a 1:12 slope or less may have slopes and rises as follows: • A slope between 1:10 and 1:12 is allowed for a maximum rise of 6 inches. • A slope between 1:8 and 1:10 is allowed for a maximum rise of 3 inches. • If a ramp run has a rise greater than 6 inches or a horizontal projection greater than 72 inches, then it shall have handrails on both sides. Handrails are not required on curb ramps. Handrails shall be provided along both sides of ramp segments. The inside handrail on switchback or dogleg ramps shall always be continuous. • Curb ramps shall be provided wherever an accessible route crosses a curb. • The minimum width of a curb ramp shall be 36 inches, exclusive of flared sides. • If a curb ramp is located where pedestrians must walk across the ramp, or where it is not protected by handrails or guardrails, it shall have flared sides; the maximum slope of the flare shall be 1:10. • Transitions from ramps to walks, gutters, or streets shall be flush and free of abrupt changes. Maximum slopes of adjoining gutters, road surface immediately adjacent to the curb ramp, or accessible route shall not exceed 1:20. • Curb ramps at marked crossings shall be wholly contained within the markings. • To align crosswalks, fan-shaped ramps are encouraged to retrofit existing intersections. All sidewalks must meet the requirements of the Americans with Disabilities Act (ADA), including the provision of curb ramps and detectable domes at intersections. In the downtown historic district, the detectable domes should be black and set in concrete, with paver or stamped paver walkways; outside downtown, the detectable domes should be yellow. For more information on potential curb ramp designs, refer to Appendix D of the North Carolina Complete Streets Planning and Design Guidelines at http://www.completestreetsnc.org. Crosswalks and Handrails Handrails are necessary on sidewalks that are adjacent to a slope or retaining wall, as well as on ramps (other than standard curb ramps) and stairs. Handrails must be placed between 34 and 38 inches above the sidewalk and the handrail posts should be located no more than 8 feet apart. There must be at least 1.5 inches clearance between the handrail and an adjacent wall or obstacle. Handrails must have a continuous gripping surface that is not obstructed along the top or sides of the rail—no more than 20% of the bottom of the rail may be obstructed. Circular handrails are preferred and must be between 1.25 and 2 inches in diameter. At each end of a ramp or sidewalk section with a handrail and at the top of a flight of stairs, the rail must extend for an additional 12 inches beyond the required distance and then return to a wall, guard, or landing surface. At the bottom of a flight of stairs the rail must extend at the same slope as the stairs for a distance of at least one tread depth and then return to a wall, guard or landing surface. For more information, see http://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm#pgfId-1006316. The following drawings are taken from the ADA standards and provided for reference. Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 41 of 48 Clearance requirements around handrails Handrail height requirements Handrail shape/diameter requirements Handrail extension requirements at top/bottom of ramp While this document does not prescribe a specific brand or product design for handrails, it is recommended that any handrails constructed under these guidelines be black or brown metal. Additionally, within the Historic District, handrails should be designed to be consistent with the wrought-iron style handrails used elsewhere within the district. An example from downtown Hillsborough is shown on the next page. This style of handrail (or comparable) is recommended for use throughout the community but is required in the historic district. Available brands in this type of style include Specrail Bridgeport with ADA handrail and Alumi-guard Handrails, but other similar-looking styles or custom designs are also acceptable. Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 42 of 48 These pictures from the stairway between E Margaret Lane and the Orange County Sheriff’s Office show a railing that combines vertical elements similar to a wrought-iron fence with an ADA-compliant handrail attached. Crosswalks Crosswalks are required at all intersections where there are sidewalks on both sides to connect with (for example, if a new road with a sidewalk ends at an intersection with an existing road without sidewalks, then it is not necessary to stripe a crosswalk across the existing road since there is not a sidewalk to connect to on the far side of the road). There are three types of crosswalks: standard, high visibility, and stamped concrete. A standard crosswalk is simply marked with a white line running along each edge of the crosswalk. Standard crosswalks are appropriate for crossings of local streets and lower-volume collector streets. High visibility crosswalks are marked with a “zebra” pattern of alternating 2-foot-wide white stripes perpendicular to the crosswalk, and are appropriate on higher-volume collector streets, arterial streets, and multi-lane boulevards, as well as any location with poor visibility or where a crosswalk might be unexpected (such as mid-block crossings). Stamped concrete crosswalks use colored and textured concrete (typically designed to resemble a brick pattern) to demarcate the crosswalk location and are typically located in historic districts or other areas with special streetscape designs. All crosswalks should have a minimum width of 6 feet, with wider crosswalks appropriate in areas of high pedestrian activity. Safety signage appropriate to crosswalks shall be installed, consistent with the MUTCD. The town will consider requests for pedestrian signals in the following circumstances: • The location requires the crossing of more than two lanes of traffic or more than fifty feet (with or without a center pedestrian refuge) whichever is less. • The location is not at an intersection of streets already regulated with traffic signals or all way stop signs. • The town receives a request from a resident, property owner, or business owner for this treatment and the public works manager agrees the sign is necessary for pedestrian safety in the requested location. • The signal and related sign can be installed consisted with the MUTCD. Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 43 of 48 Greenways Public greenways accepted by the Town of Hillsborough must be built to the following standards (see Public Greenway Construction Checklist on page 45): • Minimum 8’ wide path on primary routes • Greenways built in urban areas or high-traffic areas should have a minimum of 10’ wide path • Minimum 2’ wide grassed shoulders on each side of path • Maximum side slopes of 3:1 beyond 2’ grassed shoulders • Minimum 2” thick hot mix asphalt surface course or 6” thick 3000 psi concrete • If concrete, then control joints every 5’ • Minimum 1% and maximum 2% cross-slope • 6” compacted ABC subbase extended 1’ beyond each side of path • ABC subbase shall be proof-rolled prior to placement of asphalt or concrete • Woven geotextile fabric underneath ABC subbase • Subgrade shall be proof-rolled prior to placing of ABC stone base • Maximum Longitudinal slope of 5% except where terrain makes 5% impractical • 10’ overhead clearance within 5’ of each side of the trail • Easements should be a minimum of 20’ with minimum 5’ shoulder on each side of trail Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 44 of 48 Shared-use Paths Shared-use paths can be placed in the right-of-way, can have different lanes for bicyclists and pedestrians, and should be separated from the roadway by a planting strip or median that contains plantings and/or guardrails. Some requirements for shared-use paths include: • Minimum 8’ wide path (10’ preferred) • Minimum 10’ setback • Asphalt or concrete paths • Maximum Longitudinal slope of 5% except where terrain makes 5% impractical • 10’ overhead clearance within 5’ of each side of the trail • Must be ADA compliant (see requirements on page 40) Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 45 of 48 Public Greenway Construction Acceptance Checklist 1. Prior to Construction Before construction of a greenway begins: ☐ Utilities plans must be approved and all agencies signed off ☐ Lighting plans must be approved and all agencies signed off ☐ Pavement marking plans must be approved and all agencies signed off ☐ Signage plans must be approved and all agencies signed off ☐ All permits and approvals must be granted 2. During Construction Testing: The developer is required to perform, at a minimum, the tests listed in the chart below. All tests shall be performed by certified inspection personnel and results submitted to the Town of Hillsborough on a monthly basis. Project Type of test Frequency/Timing Requirements for Passing ☐ Subgrade Sample 1 sample per material source, per project Standard proctor ASTM D689, gradation ASTM D4042, particle size ASTM 422, moisture content ASTM D2216, and Ataberg ASTM D4318 ☐ Subgrade Density Test 1 test per 2000 sf within 0” to 12” of subgrade – Provide test reports to town prior to placing ABC stone base ≥ 95% compaction ☐ Subgrade Proof-roll Proof-rolling shall be repeated until there is no evidence of "pumping" or displacement No observable “pumping” or displacement. ☐ Subgrade (ABC) Sample 1 sample per 5,000 sf or a minimum of 1 sample per project Standard proctor ASTM D689, gradation ASTM D4042 ☐ Subgrade (ABC) Density Test 1 test per 250 LF or a minimum of 1 test on the final lift 100% compaction ☐ Subgrade (ABC) Proof-roll Proof-rolling shall be repeated until there is no evidence of "pumping" or displacement No observable “pumping” or displacement ☐ Pipe/Utility Backfill Density Test 1 test per utility or drainage pipe within edge of pavements or curb and gutters. ≥ 95% compaction Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 46 of 48 The developer must provide the following documentation to the Town of Hillsborough for the construction of greenways paved with asphalt (refer to NCDOT Standard Specifications): ☐ Proof of Asphalt Lab Certification. ☐ Approved Job Mix Formulas. ☐ Field verification test results with Gyratory Compactor printout for each asphalt mix design utilized. ☐ QC-11 Form for each production day. ☐ QA/QC—One form with binder content for each mixture sample tested. ☐ M&T 605 Form for each production day. ☐ QC-5 Form for each day when core samples are obtained. ☐ Most recent nuclear gauge calibration (if applicable). ☐ M&T 514 QA/QC Form for each nuclear strip. ☐ M&T 516 QC Form for each day nuclear density testing is performed. The developer must provide copies to the Town of Hillsborough of all delivery tickets for the following materials and certify that the material has been used in the construction of the project on a monthly basis: ☐ Aggregate base course (ABC) ☐ Surface course asphalt ☐ The developer must contact the Town of Hillsborough regarding any change orders prior to starting the change order work. Inspections During construction the town shall conduct the following inspections prior to the Developer/Contractor proceeding to the next phase of construction. The Developer/Contractor is required to make a request for inspection to the town 48 hours in advance. The following are the stages of construction that shall require inspection: ☐ Preconstruction ☐ BMP (erosion control) construction ☐ Rough Grading ☐ Major Drainage Structures (36-inch RCP or greater) ☐ Sub-grade 1 test performed on any other utility over 200 LF ☐ Concrete Sample: Slump test and air entrainment Minimum set of 4 cylinders per 50 cubic yards or one set per day of placement Slump test: 3 - 5 inches Air entrainment: 1.5 - 6% ☐ Concrete Strength Test Minimum set of 4 cylinders per 50 cubic yards or one set per day of placement -1 cylinder at 7-days Strength ≥ 2,800 psi -2 cylinders at 28-days Strength ≥ 4,000 psi. -1 cylinder HOLD Hillsborough Street Manual Section 4: Pedestrian and Bicycle Paths | page 47 of 48 ☐ Sub-base ☐ Seeding & Mulching ☐ Final Pavements ☐ Final inspection 3. Final Inspection ☐ A final inspection will be conducted by the town when a minimum of 75% of houses/structures have Certificate of Occupancy ☐ Construction inspection is required for streets, sidewalks, stormwater infrastructure, and accessibility requirements ☐ Town staff will inspect trees and landscaping, signage, and pavement markings for plan compliance 4. Before Final Acceptance of a Public Greenway: ☐ Developer must provide certification of plan compliance ☐ Developer must provide certification of ADA compliance ☐ Developer must provide certification that all greenways are constructed to NCDOT and Town of Hillsborough standards (Engineer must sign and seal document) ☐ All change orders must be documented and reported to town ☐ Scaled as-built drawings must be provided to the town showing all utilities and total linear footage of streets and sidewalks (hard copy and electronic copies) ☐ Substantial completion certificate must be provided to town ☐ Inspection reports must be provided to town ☐ Schedule of values for pathway construction costs must be provided to town ☐ Maintenance agreements must be in place (landscaping, custom signage etc.) ☐ Compliance with checklists must be established ☐ Easements and plats must be recorded 5. Warranty Period: ☐ One-year warranty period begins once the Town Board accepts greenways and shared-use paths ☐ A warranty inspection will occur ten months after acceptance. A punch list of items to be repaired will be provided to the developer/owner Hillsborough Street Manual Section 5: Amenities | page 48 of 50 5.1 Street and Park Amenities Benches and Trashcans High quality, historically appropriate materials are recommended. Plastic and resins should be avoided because they are not compatible with the historic character of the town. Low-maintenance materials are recommended. The Butler bench by Urbanscape in a black or brown vertical-metal slat is recommended as the standard bench for downtown Hillsborough and town-owned facilities, parks and greenways. The Butler trashcan is recommended as the standard trashcan for town-owned parks and highly visible locations. Victor Stanley dual waste and recycling container is recommended for downtown Hillsborough Dog Waste Containers The Parks and Recreation Board recommends that all new dog waste containers be coordinated with the existing ones installed in River Park and Gold Park. The existing containers are called the Aluminum Complete Dog Waste Station, are made of dark green metal and are available from multiple retailers Hillsborough Street Manual Section 5: Amenities | page 49 of 50 Bicycle Racks Spiral and U-style bike racks are recommended for use around town because they are well-suited for a variety of bicycle lock styles and provide stability for the bicycle frame. Bicycle racks that allow the frame of the bicycle to rest and be locked are preferred to those that only support the wheel. Fencing In cases where fencing is necessary along a street frontage, a style similar to that used for handrails is recommended (see page 31), but without the need to attach a handrail. One such style is the Specrail Saybrook (see picture below). Fencing along a street frontage should be black or brown metal and should be similar to this style. When the fencing will also serve as a handrail for a sidewalk, refer to Page 29 on handrail requirements. Saybrook fencing by Specrai Picnic Tables The Arbor picnic table by Timberform—which is a sturdy, solid wood, A-frame table available in a handicap accessible model—is recommended for parks and facilities. Appendix A: Private Road Standards | Page 1 of 18 Appendix A – Private Road Standards 1.1 Private Road Standards A. Private roads meeting the following standards may be used in minor subdivisions designed for single-family use, as defined in the Town of Hillsborough Unified Development Ordinance. B. These standards are the minimum set forth by the Town, and do not meet Town of Hillsborough or NCDOT (North Carolina Department of Transportation) criteria for acceptance into the Town or State road system, as the situation applies. C. No private road will be accepted for maintenance by either the Town or NCDOT (as applicable) unless and until all Town or NCDOT standards (as applicable) for public street acceptance are met. 1.2 Number of Lots or Dwelling Units Served A. A private road shall serve no more than four lots (including the residual acreage) or dwelling units. B. Private roads serving no more than two lots (including the residual acreage or dwelling units) are not required to be constructed to these standards or inspected before recordation of a Final Plat; however, the right-of-way width requirements do apply. The Town recommends that these roads be constructed to these standards in order to provide adequate access, especially for emergency vehicles requiring the clearances and turn areas as shown in the private road specifications. C. Private roads serving a subdivision resulting in three to four lots or dwelling units (including the residual acreage) shall be constructed to these standards. D. Private roads serving more than four lots or dwelling units (including existing private roads that are having additional lots or dwelling units over four added with access to the existing private road proposed), shall be built to public street standards, including dedication as such. 1.3 Right-of Way and Travelway Lengths and Widths A. The right-of-way width shall be 20 feet in width. The Planning Director may approve a right-of-way width of 18 feet if the lot arrangement, the surrounding development pattern, zoning and existing Town plans indicate conversion to a public street is unlikely. A 50-foot right-of-way may be required if the land and lots are arranged to allow the conversion of the private road to a public street. B. Bends in the right-of-way shall be at angles that will permit the construction of curves with a 125- foot minimum curve radius. C. The maximum length allowed for a private road shall be 1,000 feet. The distance shall be measured from the point where the private road right-of-way intersects with the public street right-of-way and to the center point of the right-of-way of the proposed private road turnaround. Appendix A: Private Road Standards | Page 2 of 18 D. All private roads in excess of 500 feet shall provide a 10-foot by 20-foot (10’ X 30’) turnout. The exact location of the turnout shall be determined by the Town Fire Marshal in consultation with the Hillsborough Fire Department and Orange County Emergency Services Department (see Figure 0-0: Turnout for Emergency Vehicles). E. Travelway widths for private roads shall be no less than 12 feet; however, a width of 16 feet is preferable. Table 1: General Standards and Specifications for Private Roads Private Road Standard Number of Lots Served Total Number of Lots/Dwelling Units Served by Road1 3-4 1-2 Right-of-Way Width 20 Ft.2 20 Ft.2 Travelway Width 12 Ft. No Standard Professional Surveyor Certification of Road in Platted Right-of-Way Required Yes Yes3 Professional Engineer Certification of Road Construction Required Yes No 1 Total number of lots served shall include the residual acreage of the tract being subdivided, where such residual acreage will be accessed by the private road. 2 Right-of-way width may be reduced to 18 feet if the lot arrangement, the surrounding development pattern, zoning and existing Town plans indicate conversion to a public street is unlikely. A 50-foot right- of-way may be required if the land and lots are arranged to allow the conversion of the private road to a public street. 3 Required only if road is constructed to serve lots. 1.4 Two-way Traffic A. Two-way traffic shall be provided in order to prevent conflict of vehicles meeting head-on. B. Two-way traffic can be accomplished by widening the travelway at prescribed locations to at least 16 feet to allow vehicles to pass or to pull over and stop while another vehicle passes. C. Medians may be permitted between travel lanes when such design is desirable for the preservation of natural resources or that excessive cut and fill would be required to construct a roadway to the standard width. D. Medians may be permitted only in accordance with the following: 1. Each lane shall contain a minimum of 14 feet of vertical and horizontal clearance. 2. Each lane shall contain a minimum travelway width of 8 feet. 3. No lots shall access directly onto any divided portion of the road unless there is adequate cross-access provided through the median, or some other acceptable means of access and turnaround for emergency vehicles. Appendix A: Private Road Standards | Page 3 of 18 4. Both lanes shall be contained within a single right-of-way easement. 5. A standard travelway of required width for the private road shall be constructed where the private road intersects with another private or public road. 6. Signs indicating “One Way” shall be provided where the lanes diverge. Figure 1: Example of Use of Two-way Traffic Median to Protect Stands of Mature Trees 1.5 Turnarounds A. Vehicle turnaround areas shall be provided at the end of all dead-end roads. This can be accomplished by ending the road in a “T” turnaround, “L” turnaround or cul-de-sac. B. A “T” turnaround shall conform to the dimensions in Figure 4-21 (“T” Turnaround Dimensions). C. An “L” turnaround shall conform to the dimensions in Figure 4-22 (“L” Turnaround Dimensions). Appendix A: Private Road Standards | Page 4 of 18 D. The “T” and “L” turnarounds are preferred. E. Culs-de-sac shall have a minimum turnaround travelway diameter of 70 feet and be located within a right-of-way with a diameter of 100 feet. F. The location of the turnaround will depend on the arrangement of the lots in the subdivision. G. If the private road serves only one lot, the turnaround should be located near the building site. H. In a subdivision with several lots, the turnaround shall be at the end of the road and the necessary right-of-way provided. Figure 2: “T” Turnaround Dimensions 70’ 50’ 18’ 18’ 20’ 50’ Right- of-Way 12’ Travelway Appendix A: Private Road Standards | Page 5 of 18 Figure 3: “L” Turnaround Dimensions 1.6 Minimum and Maximum Curve Radius A. New curves shall be constructed with a minimum centerline radius of 125 feet, but no greater than 150 feet. B. The right-of-way shall be designed with bends that will provide sufficient width to construct the road to this minimum radius. For example, a 90o bend in a 20-foot wide right-of-way will not provide enough area to construct a road with a 12-foot wide travelway. C. The right-of-way shall include sufficient width for the travelway and the necessary shoulders, ditches, and slopes. D. A curve radius of less than 125 feet may be approved if all of the following conditions are met: 1. The road existed prior to the adoption and/or enforcement of subdivision regulations in the Town or was approved as part of an earlier subdivision; 2. Reconstruction of the existing road to meet a 125-foot curve radius is not feasible due to the extent of earthwork that would be required and/or the inability to reconfigure the existing right-of-way location due to ownership or the location of existing structures, wells, or septic systems; 3. Standards pertaining to road width and grade will be met; 4. Documentation is received from a professional engineer stating that the proposed curve radius will provide for adequate vehicular access and circulation; and 40’ 18’ 12’ Travelway 50’ Right-of- Way 20’ 50’ 40’ Appendix A: Private Road Standards | Page 6 of 18 5. Documentation is received from the Town Fire Marshal and the Orange County Emergency Services Department stating that the proposed curve radius will provide access for the largest emergency vehicle that will use the road. E. Figure 4-23 (Example of Unacceptable Curve Radius) illustrates how a curve with a 125-foot centerline radius cannot be contained in a 90o bend of a 20-foot wide right-of-way. Figure 4-24 (Acceptable Curve Radii) illustrates alternative bends that will contain a curve of the minimum centerline radius. Figure 4: Example of Unacceptable Curve Radius 125’ 20’ R/W 20’ R/W Appendix A: Private Road Standards | Page 7 of 18 Figure 5: Acceptable Curve Radii 100’ 125’ 150’ 20’ R/W 20’ R/W 20’ R/W 20’ R/W 125’ Appendix A: Private Road Standards | Page 8 of 18 1.7 Vertical Clearance A minimum 14-feet vertical clearance shall be provided above the travelway to permit the passage of large vehicles under power lines and tree limbs. Figure 6: Vertical Clearance 1.8 Construction Standards 1.8.1 North Carolina Department of Transportation Driveway Permit The subdivider proposing to construct a private road that connects with a State-maintained road is responsible for obtaining the required permit for access. The permit may be obtained from the NCDOT District Engineer’s Office in Graham, North Carolina. 1.8.2 Compliance with Erosion and Sedimentation Control Regulations Private road construction shall conform to the Orange County erosion and sedimentation control provisions as found in the Orange County Unified Development Ordinance. 1.8.3 Compliance with Stormwater Management Regulations Private road construction shall conform to the stormwater management provisions of the Town of Hillsborough Unified Development Ordinance. Appendix A: Private Road Standards | Page 9 of 18 1.8.4 Intersections with Public Roads A. The intersection of the private road with the existing public street shall permit a safe entrance and exit. B. Adequate sight distances along the public street shall be provided by choosing a good location for the right-of-way and clearing sight triangles when building the road. C. The intersection of a private road with a public street shall provide an adequate place for cars to stop before entering the public road. Figure 4-26 (Unacceptable/Acceptable Intersections) gives an example of this principle. Figure 7: Unacceptable/Acceptable Intersections D. The private road must flare at the intersection with the public street in order to permit a vehicle to enter the private road when another vehicle is waiting to exit on the private road. The dimensions of the required flare are shown in Figure 4-28 (Private Road Construction Standards Cross Section). 1.8.5 Travelway Design A. The travelway must be surfaced and compacted to the required width of the road with a material acceptable to the Town of Hillsborough. B. A crown shall be built into the travelway so that water will drain from the road surface into the side ditches on both sides of the road (see Figure 4-28 (Private Road Construction Standards Cross Unacceptable Intersection Public Street Private Road Private Road Private Road Public Street Private Road Acceptable Intersection Appendix A: Private Road Standards | Page 10 of 18 Section)). The crown shall not be so great as to cause vehicles to slide off the travelway when ice or snow is on the road. C. In some situations, it may be desirable not to crown the road but to have the travelway sloped to a single ditch as shown in Figure 4-27 (Travelway Pitch for Private Roads with Single Drainage Ditch). This is applicable in four situations: 1. where it is necessary to cut down on the length of a ditch in order to reduce the erosion potential by decreasing the volume of run-off; 2. where it is difficult to construct ditches due to rock; 3. to provide for super-elevation; or 4. in curves. Such a single slope shall always drain toward the inside of a curve. The crown slope of the road and shoulder should be approximately one-half to one-inch per foot. Figure 8: Travelway Pitch for Private Roads with Single Drainage Ditch 1.8.6 Travelway Surface Materials A. Acceptable material for surfacing the travelway is Aggregate Base Course (commonly called “crusher run”). B. Soil type base materials (commonly called “Chapel Hill Gravel” or “Chapel Hill Grit”) will be acceptable under the following conditions: 1. The material originates from a quarry approved by NCDOT. 2. The grade of the road is less than 8%. 3. Where the grade of the road is greater than 8%, a layer of crusher run stone will be placed over the Chapel Hill Gravel before compaction. 4. Sources of surface material shall be verified with the certifying professional engineer, if applicable, before placement. Appendix A: Private Road Standards | Page 11 of 18 1.8.7 Grade A. The grade of the road shall not exceed 12% because of the difficulty of operating vehicles on such a steep road and the high potential for erosion of the travelway and side ditches. B. Where possible, the road shall be constructed along the contour of the land to avoid steep grades. C. In exceptional circumstances, a waiver from this requirement may be granted for a grade greater than 12%, as may be approved by the Board of Adjustment prior to construction. Circumstances where a waiver will be considered are: 1. there is no other reasonable access or location for the road; and/or 2. relocating the road would create other, more serious problems with drainage, stabilization, or environmental impact; and/or 3. the length of the segment with a grade greater than 12% is no longer than 100 feet. 1.8.8 Fill Material A. Where filling is necessary to raise the roadbed, cross watercourses or fill stump holes, it shall be done with suitable material that is free of roots or other organic matter. B. The fill shall be firmly compacted to reduce settlement that will cause ruts or holes in the finished road. 1.8.9 Drainage A. Ditches shall be constructed to provide drainage from the road and adjacent areas. B. The ditches shall be built with sufficient depth and width to carry the expected volume of water. C. The side slopes shall be graded so that they can be stabilized and to prevent vehicles from becoming stuck if they slide into the ditch. D. Where the road crosses streams or minor watercourses, culverts shall be installed to prevent ponding and washouts of the road for the five-year design storm. E. On streams where it is not economical to install a large culvert of the required size, the Planning Director, in consultation with the Orange County Division of Erosion Control, may allow the installation of a smaller culvert if engineering equivalent provisions are made to protect the road surface and fill slopes from erosion when runoff tops the road. 1.8.10 Permanent Vegetation A. All areas disturbed by the construction of the road, including the shoulders, ditch, banks, cut-and- fill slopes, and any borrow areas, shall be seeded in permanent vegetation to stabilize the soil and prevent erosion. Appendix A: Private Road Standards | Page 12 of 18 B. Seeding shall be done immediately after grading is completed and before the final inspection by the Planning Director. C. The disturbed area shall be smoothed and lightly harrowed to break up the soil and prepare a good seedbed. The materials listed in Table 4-9 (Seed and Mulch per 1,000 Square Feet of Disturbed Area) are recommended per 1,000 square feet of disturbed area. Table 2: Seed and Mulch Required Per 1,000 Square Feet of Disturbed Area Recommended Materials Amount in Pounds (lbs.) Fescue Grass Seed 1.4 German or Browntop Millet (to provide temporary cover until the grass becomes established) 0.4 Lime 90 10-10-10 Fertilizer 23 Bales of Straw for Mulch (use enough to cover 75% of the ground surface) Two 40 lb. bales D. Other types of permanent vegetation may be substituted as long as they provide adequate cover to prevent erosion. Appendix A: Private Road Standards | Page 13 of 18 Figure 9: Private Road Travelway Construction Standards Cross Section 20’ Right-of-Way 12’ Travelway 4’ Shoulder 3’ 4’ 3:1 Max. Slope 3:1 Max. Slope 4” Compacted Surface 25’ 25’ Flare At Intersection With Public Road Appendix A: Private Road Standards | Page 14 of 18 1.8.11 Inspections and Certifications A. The location of the travelway within the right-of-way must be certified to be within the platted right-of-way by a North Carolina Licensed professional land surveyor. This is not required for private roads serving two or fewer lots (including the residual acreage). B. Private road construction must be inspected and the construction certified in writing to the Planning Director by a North Carolina professional engineer. This is not required for private roads serving two or fewer lots (including the residual acreage). C. The private road must be inspected during construction so that any changes or improvements necessary to insure approval can be made before the stone is placed and the shoulders and ditches seeded and mulched. D. The subdivider or his/her representative must inform the professional making the certification prior to the start of construction and at intervals during construction when inspections are needed so that they can be scheduled. E. Inspections by the Planning Director are made only to insure the following: 1. That the private road is built to the required dimensions; 2. That the stone travelway is provided to the required width; 3. That adequate drainage is required; 4. That any disturbed areas are seeded and mulched to establish permanent vegetation; and 5. To verify that the required road sign is in place. F. The subdivider is responsible for supervising construction and for quality control inspections for clearing and grubbing of the right-of-way, compaction of fill, construction materials and so forth. G. The subdivider or their representative should employ a qualified grading contractor (and supervisor if necessary) to insure that the road is in the correct location and that acceptable methods and materials are used. H. Financial securities posted to cover costs of construction will not be released until completion of the road is certified. Arrangements for payment between the subdivider and contractor are not the responsibility of the Town of Hillsborough. 1.8.12 Certification of Construction A. Before a Final Plat of subdivision where any lot or dwelling unit will be served by a private road can be recorded, the private road must be built and approved. A financial security instrument in the amount of 125% of a professional engineer’s sealed estimate as to the cost of road construction or Appendix A: Private Road Standards | Page 15 of 18 completion may be posted with the Town in cases where the applicant desires to record the Final Plat before the private road is constructed. B. A professional land surveyor must certify in writing to the Planning Director that the travelway of the private road, either existing, upgraded or newly constructed, is within the platted right-of-way in cases where the private road is required to be constructed or the applicant chooses to construct the private road (e.g., a private road serving only two lots (including the residual acreage)). C. A professional engineer must certify in writing to the Planning Director that a private road, either existing, upgraded or newly constructed, meets the standards for the private road serving the lots (e.g., where three to four lots (including the residual acreage) are being created. The following shall be inspected and certified by the certifying engineer: 1. The proper material has been used in the travelway and it is built to the required width and thickness; 2. The shoulders are the correct width and the typical cross section is in place; 3. The road is on the proper grade; 4. Ditches are in place where necessary to provide adequate drainage, in accordance with sound engineering practice; 5. Needed storm pipes of proper size, materials, and construction are in place and energy dissipaters installed, in accordance with sound engineering practices; 6. All disturbed areas are properly stabilized; 7. An adequate turnaround is in place at the end of the road; 8. Required vertical and horizontal clearance is provided; and 9. Sight distance and construction at the intersection with a public road has been approved by NCDOT (if applicable). The road shall be inspected during construction so that any changes or necessary improvements necessary to insure approval can be made before the stone is placed and the shoulders and ditches are seeded and mulched. D. The Planning Director shall inspect the road prior to release of the Final Plat for recordation to insure that the street sign is in place and to make an overall visual inspection of the road. 1.9 Private Road Maintenance A. Maintenance of the private road must be provided by the lot owners that are served by the private road or an established homeowners association. B. A Road Maintenance Agreement between the lot owners is required to insure that the cost is shared equally and a mechanism for maintenance is set up. Appendix A: Private Road Standards | Page 16 of 18 C. The responsibility for maintenance is the property owners of the lots accessing the private road, and neither the State, Orange County nor the Town of Hillsborough will maintain the road. D. Regular attention shall be given to the following items in order to assure that the road will remain in good condition: 1. Vegetation The vegetation shall be mowed, limed, and fertilized as needed. Areas that erode or where seeding is unsuccessful shall be reseeded. 2. Drainage Culverts shall be kept clear of trash and other obstructions that could prevent or reduce the culvert’s function. If culverts are not kept clear, it will cause runoff to flow over the road and may cause flooding upstream. Ditch banks and bottoms shall be protected from erosion by maintaining good vegetation. 3. Travelway The travelway shall be maintained by grading the surface material to fill any potholes that develop and to evenly spread the surface material where the soil has been uncovered because of erosion. 4. Road Name and Sign a. The road name shall be verified with the Planning Director to insure that the proposed name does not duplicate an existing name. b. Private roads of any length are required to be named and have road name signs posted. c. The road name sign shall meet Town of Hillsborough street sign standards. d. The road name sign shall be kept visible and legible so that visitors and emergency personnel can easily locate the road. 1.9.1 Road Maintenance Agreement A. The subdivider shall have an instrument recorded contemporaneously with the Final Plat substantially in the form of the Town’s Standard Road Maintenance Agreement entitled “Declaration of Restrictions and Provisions for Private Road Maintenance”, guaranteeing the following: 1. right of access to any private road in the subdivision by all lots served by the road and by law enforcement and emergency vehicles; Appendix A: Private Road Standards | Page 17 of 18 2. right of access for the proposed private road to a State or Town-maintained road by way of direct access or other private roads; 3. perpetual maintenance of any private road serving the subdivision at the standards set for approval; and 4. provide record notice of the probability that future development dependent on the private road for access will require upgrading of the road to a higher private road standard or public dedication and upgrading of the road to Town or North Carolina Department of Transportation standards, as applicable. The Road Maintenance Agreement shall include a provision that if the road is dedicated for public use at a later date, then the lot boundaries will be revised to extend only to the edge of the right-of-way. B. The instrument shall also note acceptance by the owner(s) of all liability related to the use of the road, and agreement to hold both the Town and State, as applicable, harmless from such liability, and acknowledge that some public services may not be provided due to the private nature of the road. The guarantees of right of access and maintenance of the subdivision roads shall run with the land and shall be disclosed to any prospective purchaser of land in the subdivision as provided by NCGS 136-102.6 (Compliance of Subdivision Streets With Minimum Standards of the Board of Transportation Required of Developers). Upon recordation, the deed book and page number of the recorded document shall be referenced on the Final Plat. C. The Planning Director shall prepare the document entitled “Declaration of Restrictions and Provisions for Private Road Maintenance”. The document shall include a statement that further subdivision of any of the lots in the subdivision may require that the private road be upgraded to a higher private road standard, or to public street standards, and that the cost of the upgrade will be the responsibility of the person requesting subdivision approval at the time the upgrade is required. D. The following certificate shall be placed and endorsed on the final plat where a subdivision will be served by a private road, indicating the recordation of the Road Maintenance Agreement required by these regulations: Appendix A: Private Road Standards | Page 18 of 18 Certificate of Private Road Maintenance and Disclosures I, _________________________________, certify that an instrument will be recorded contemporaneously with the recordation of this approved Final Plat that acknowledges and guarantees: a. Right of access to any private road in the subdivision by all lots served by the road and law enforcement and emergency vehicles; b. Right of access for the private road to a State or municipally maintained road by way of direct access or other private roads; c. Perpetual maintenance of any private road serving the subdivision at the standards set for approval; d. Record notice will be provided of the probability that future development dependent on the private road for access will require upgrading of the road to a higher private road standard or public dedication and upgrading of the road to Town of Hillsborough or North Carolina Department of Transportation standards, whichever is applicable; e. Acceptance by the owner(s) of all liability related to the use of the road, and agreement to hold both the Town, County and State harmless from such liability; and f. Some public services may not be provided due to the private nature of the road. These guarantees of right of access and maintenance of the subdivision roads shall run with the land and shall be disclosed to any purchaser of land in the subdivision as provided by NCGS 136- 102.6. ____________________________ ____________________________ Owner(s) Date Appendix B: Traffic Calming | Page 1 of 15 Appendix B – Traffic Calming Policy This appendix includes the full text of the Town of Hillsborough Traffic Calming Policy, which was previously adopted as a standalone document. B.1 Policy Statement The Town of Hillsborough wishes to have a procedure whereby its' residents can petition the Town to incorporate traffic calming devices and systems on town owned residential streets in order to alleviate speeding, excessive traffic volume, dangerous intersections or other conditions that are of a public safety nature. The purpose of this document is to present ways in which residents can find solutions to residential traffic problems as approved by the Hillsborough Town Board. Consideration is given to a variety of residential traffic concerns and to the characteristics of these concerns on a case-by-case basis. Each situation is reviewed with respect to the available traffic control measures that have been, or could be, found effective in alleviating the neighborhood traffic concern. The following outlines these guidelines and procedures which can be used to develop the optimum solution or solutions to each particular situation. There are many factors taken into consideration when reviewing residential traffic concerns to determine the most feasible traffic control measure. These factors include the surrounding roadway network, resident access, speeds and/or volume of traffic, accident history, neighborhood response and budget considerations. Most commercial development has direct access to state-maintained roads. The devices discussed in this section generally will not be approved by NCDOT on state-maintained roads. The town continues to work closely with NCDOT to provide safe traveling conditions for vehicles, pedestrian, and bicyclists on the state network. Note: Public health and safety concerns are always the overriding consideration when installing or removing traffic control devices. B.2 Evaluation Criteria for Residential Streets 1. The street must be classified as a two-lane residential street. 2. The street must be a municipality-maintained roadway that receives Powell Bill funding. State roadways are excluded under this policy. 3. The posted speed limit on the affected length of the street must be 25 miles per hour which is the standard speed limit for residential streets. 4. Vehicle speeds (for at least 85% of the vehicles, established by radar or equivalent method) must exceed 35 MPH (+ 10 MPH over posted speed limit). 5. Actual traffic volume will be based on traffic counts conducted by the Town of Hillsborough Public Works staff or its designee. Guidelines reviewed by staff as received from the Institute of Transportation Engineers (ITE) that is appropriate for town streets. 6. A positive recommendation for installation must be received from Police, Fire, and EMS. Appendix B: Traffic Calming | Page 2 of 15 B.3 Petition Requirements 1. Those parties requesting the installation of a Traffic Calming Device must demonstrate sufficient support for the installation of the device in the affected area; support shall be shown by signatures obtained on the standard Petition for Traffic Control Devices provided by the Town. 2. Only one signature per household can be obtained. 3. Signatures must be of the current residents within the defined study area. 4. Residents must provide their address in the space allotted. 5. Signatures will be checked by Town Hall staff using property tax records. 6. Signatures that do not adhere to these requirements will be considered invalid. 7. The number of valid signatures either for or against installation must meet or exceed 65% of the total number of residents of the impacted area. B.4 Procedure for Obtaining Approval 1. The process is initiated when the Public Works Director receives a request for installation of a traffic control device. A preliminary investigation into the first five qualifying criteria will be completed. If these criteria are met, the Public Works Director or his designee will conduct a field investigation of the impacted area. A petition package containing the Town of Hillsborough Traffic Calming Policy and a Petition Form will be mailed to the requesting party. 2. The requesting party is responsible for obtaining signatures on the petition form and returning it to Town Hall. If the number of valid signatures equals or exceeds 65% of the total number of residents of the impacted area; Police, Fire, and EMS will be contacted for recommendations. 3. Traffic monitoring devices will be used to determine average daily traffic, vehicle speeds, and vehicle types. 4. When all qualifying criteria are met, a report will be prepared for the Board of Commissioners outlining all relevant information and any extenuating circumstances concerning the characteristics of a requested street. 5. The Board of Commissioners will approve or disapprove installations for the requested street based on the "finding of fact" report provided by the Public Works Director. B.5 Funding The Town of Hillsborough has not identified any special funding source for traffic calming projects. Nor has the Town set-aside any existing funds to be used exclusively on traffic calming projects. Funding options available are special assessments, operating funds, and private funding. The Town of Hillsborough Board of Commissioners will determine the appropriate funding mechanism for the installation of traffic calming devices on a case-by-case basis. Special Assessments: Installation of traffic calming devices is considered a street improvement and are eligible for special assessments in accordance with North Carolina General Statute § 160A-216 (1). Powell Bill (Operating Budget): The Town of Hillsborough will cover the cost of activities associated with the development, construction, and installation of traffic calming devices dependent upon the availability of funding. Appendix B: Traffic Calming | Page 3 of 15 Private Funding: Residents of an existing neighborhood wishing to accelerate the process may choose to fund all or part of the development, construction, and installation of their requested traffic calming device. Powell Bill (Operating Budget)/Private Funding: The Town of Hillsborough and residents of an existing neighborhood will share the cost of activities associated with the development, construction, and installation of traffic calming devices. The Town’s participation in any cost sharing venture is dependent on the availability of funding. B.6 Traffic Calming Measures Generally, traffic calming measure fall into 4 types: non-physical, vertical, horizontal, and diversion. Non- physical options generally don’t directly impact the street design but can influence driver behavior. Vertical measures change the vertical smoothness of the driving surface to impact driver behavior. Horizontal measures impact the straightness of the driving path to impact driver behavior. Diversion measures change the available road network to re-route drivers. B.6.1 Non-Physical Traffic Calming Measures 1. Speed Enforcement- Temporary targeted speed limit enforcement in areas where residents are concerned. 2. Radar Trailers - A radar trailer can be placed adjacent to a roadway to measure and display a passing vehicles speed. Providing the posted speed limit on the device reminds drivers to slow down if they are traveling too fast. 3. Lane Striping - Lane striping can be used to visually narrow travel lanes in a given area. By using highly visible stripes, vehicles are encouraged to slow down. 4. Signage- Placing appropriate warning and information signs and additional regulatory signs reminds motorists of the various roadway conditions and hazards of the area. 5. Pavement Marking Legends- The speed limit or other driver information can be painted onto the street to remind drivers of the speed limit or other area conditions that warrant special attention. 6. High Visibility Crosswalk- High intensity paint or plastic can be used in a dense pattern to clearly delineate a cross walk. Crosswalk should be accompanied by appropriate signage. 7. On-Street Parking- Designates area along a street to store vehicles. On-street parking may be used along one or both sides of the street. May also be a revenue generator through permit, meter, or other methods. 8. Raised Pavement Markers- Raised pavement markers are plastic reflectors installed in the pavement that, when installed in series, alert the driver when they are deviating from the travel lane. They can be installed on the centerline and edge line of a roadway or across a roadway to function as a rumble strip. They are often used on curves. 9. Streetscaping - Streetscaping can incorporate many different ideas and approaches. Typically, Streetscaping includes planting street trees and other landscaping along the roadway. Streetscaping also usually involves establishing a planting area between the street and the sidewalk. 10. Multi-Way Stops- Multi-way stops involve placing stop signs on all approaches to an intersection. Considerations for Multi-way stops should follow guidelines as described in the Manual on Uniform Traffic Control Devices (MUTCD). 11. Turn Prohibitions and Other Restrictions - Turn prohibition signs are posted to restrict movement through a given area and to limit travel in certain directions. Other restrictions, such as "No Trucks", can also help reduce cut-through traffic. Speed limit reductions can be used in areas where existing speed limits are higher than desired; however, speed limit changes alone are generally not effective in significantly reducing travel speeds on local residential streets. Appendix B: Traffic Calming | Page 4 of 15 12. Gateways/Entryways - Gateways include decorative signing and/or landscaping to visually identify the entrance to a neighborhood or commercial district. This measure helps to make the area appear as a destination rather than a connection to another area. Gateways are often incorporated into a median island. 13. Colored Pavements- Pavement can be installed with many colors and patterns. These unique properties can slow drivers by forcing them to process different patterns as they approach an area. Colored pavement can also help delineate the separation between a travel lane and lanes that accommodate other modes of transportation. B.6.2 Vertical Traffic Calming Measures 1. Textured Pavement- Textured pavements can alert motorists to special conditions through sound and/or vibration. Rumble strips are typical example of how textured pavement can produce a sound to warn a driver approaching a hazardous condition. Textured pavements combined with colored pavements can delineate a special area, such as a historic district. Brick pavers are a form of textured pavement. 2. Speed Humps - Raised hump (pavement undulation) in the roadway with a parabolic top which exceeds across the road at right angles to the direction of traffic flow. Most effective if used in a series; spaced 300'-500' apart 3. Speed Lumps- Speed lumps are a variation of speed humps that add two cut-outs for tires of larger vehicles. The cut-outs are designed so that wider vehicles, such as emergency vehicles, can fit through with little slowing but a standard vehicle must pass at least one side of its wheels over the hump. 4. Speed Tables - Speed tables are elongated speed humps with flat tops that usually allow for the entire wheelbase of a standard vehicle to be on the top flat part Usually, a textured pavement or alternative design is used to distinguish the speed table from the rest of the roadway. 5. Raised Crosswalks - Raised crosswalks are equivalent to speed tables with crosswalk markings. Should be accompanied by appropriate signage. 6. Raised Intersections - Raised intersections are equivalent to speed tables, only they are applied over the entire intersection with ramps on all sides. They are normally at or near the same elevation as the sidewalk. Often include textured and/or colored pavements. B.6.3 Horizontal Traffic Calming Measures 1. Traffic Circles- Provides circular, counterclockwise operations at intersections by placing a raised island in the middle of the intersection. Vehicles on the 'thru' street must change their travel path to maneuver around the circle. Entry into the intersection is often controlled by Yield signs on all approaches. 2. Roundabouts - Similar to traffic circles but larger and with "splitter" islands on each approach that flare entry into the circle. 3. They are more typically used as a substitute for a traffic signal. Traffic on the approaches must yield to vehicles within the circle. 4. Curb Extensions - Used to make pedestrian crossing movements shorter and easier. Used to narrow the roadway cross- section at particular points (intersection, mid-block, etc.) but still maintains separate lanes for opposing traffic flows. Often used in combination with a raised crosswalk. 5. Chicanes- Physical constriction built at the curbside of the roadway to create bends in a formerly straight road. Vehicles are forced to negotiate the narrowed street in a serpentine fashion. Retrofitting an existing street typically allows one lane through the chicane so that opposing traffic must alternate passage through the constraints. Appendix B: Traffic Calming | Page 5 of 15 6. Lateral Shifts - A lateral shift is a curb extension which shifts the roadway horizontally. A second shift downstream may move the roadway back to the original alignment. These are also frequently called two-lane chicanes. 7. Neckdowns - Neckdowns are used to make streets more pedestrian-friendly by shortening the crossing distance and reduce speed by narrowing the travel lanes. 8. Realigned Intersections - Realigned intersections are changes in alignment that cover T- intersections with straight approaches into curving streets that meet at right angles. A former "straight-through movement along the top of the T becomes a turning movement. This is one of the few traffic calming measures available for T-intersections. 9. Bulb outs - Similar to curb extensions at intersections. Used to narrow the street width to help facilitate pedestrian movements and reduce speeds on one or more approaches. 10. Two-Lane Chokers- Two-lane chokers are used at mid-block points to reduce the overall cross section of the street providing a natural slow down point. 11. One-Lane Chokers - Curb extensions toward the center of the roadway that reduce the street from two lanes to one lane. This requires vehicles to come to a stop and yield to onc oming traffic. 12. Center Island Narrowing- Narrowing of the roadway with a raised center island, typically planted, between the travel lanes. They also provide a pedestrian refuge thereby allowing pedestrians to cross one travel lane at a time. 13. Medians- Used to separate lane movements and provide a visual cue along the roadway. Medians can be especially effective along curves. Medians can also be used as a diversion device by restricting access at intersections and to adjacent properties. B.6.4 Diversion Traffic Calming Measures 1. Street Closures- Barrier or pavement removal intended to block all vehicle access on a street. Pedestrian and bicycle access is typically maintained. Often designed to allow emergency vehicles to ‘break-through'’ the closure. Cul-de-sacs are a common form of this measure. 2. Diagonal Diverters -– Diagonal diverters bisect an intersection diagonally, disconnecting the legs of the intersection and creating two separate roadways. This can be accomplished with a simple barrier such as guardrail or through pavement removal and landscaping. Pedestrian and bicycle access is typically maintained. Can be designed to allow emergency vehicles to '‘break-through'’ the barrier. 3. Semi-diverters- A semi-diverter is a barrier, usually a landscaped island, on one side of a street at an intersection that permits traffic on the opposite direction to pass through; thereby creating a one-way street at the intersection but maintaining two-way traffic for the rest of the block. Appendix B: Traffic Calming | Page 6 of 15 Comparison of Speed Control Devices DEVICES ADVANTAGES DISADVANTAGES COSTS Speed Enforcement - May be implemented immediately with little planning - No impact to emergency response times - Secondary benefits include reduced crime and higher sense of security - Expensive to maintain for an extended period of time - May only be effective for a short time - May only be effective for short distances Varies Radar Trailers - In the long-term, less expensive than police enforcement - May be implemented immediately with little planning - No impact on emergency response times - Effective for reducing speeds in a short span - Only effective for one direction of travel at a time - May only be effective for a short time - May only be effective for short distances Varies Lane Stripping - Inexpensive - May be implemented quickly with little planning - No impact to emergency response times - Increases maintenance costs $0.15-$1.00 per lineal foot (paint) $1.00-$5.00 per lineal foot (plastic) Signage - Inexpensive - No impact to emergency response times - Increases maintenance costs - Signs typically considered unsightly – most people do not want them in their yard $50-$100 per sign Pavement Marking Legends - Inexpensive - May be implemented immediately with little planning - No impact to emergency vehicle response times - Increased maintenance costs - Has not been proven to reduce speed $25-$50 per letter or number $100-$200 per symbol High Visibility Crosswalk - Inexpensive - No impact to emergency vehicle response time - Helps collect and distribute pedestrians along the street - Increases visibility of pedestrians - Requires more maintenance than normal crosswalk - May provide pedestrians with false sense of security, especially when used at mid-block location or $200 per crosswalk lane Appendix B: Traffic Calming | Page 7 of 15 uncontrolled approaches to an intersection On-Street Parking - Provides more vehicle storage - Narrows street width to encourage slower vehicular travel - Shortens pedestrian crossing distance - Encourages pedestrian activity in an area - May be ineffective if parking is not adequately utilized - May reduce sigh distance for both drivers and pedestrians - May increase certain types of vehicular crashes - May restrict bicycle movements - Traffic volumes may increase especially in areas of high demand an low availability of off-street parking - May impede emergency response vehicles and solid waste collection Dependent on frequency of spaces, enforcement costs, etc. Raised Pavement Markers - Inexpensive - May be implemented immediately with little planning - No impact to emergency vehicle response times - Secondary benefits include increased delineation and roadway safety - Noise - May be unintentionally removed during snow removal - Increased maintenance costs $2-$7 per marker Streetscaping - May reduce speed and volumes - Positive aesthetic effects - Good functionality - Increases pedestrian safety - Improves quality of life for neighborhood - No impact to emergency response times - Can create vehicular hazards - Can create poor visibility conditions if installed too dense - Possibly increased maintenance costs Varies depending upon materials, length, and width of application area, and availability of right-of-way Multi-Way Stops - If traffic signals are warranted, can be used as temporary measure - Can reduce intersection collisions - Little impact to emergency response times - May be implemented quickly with little planning - Speeds between intersections often decrease - Increases noise and air pollution - Can cause read-end accidents - Requires enforcement $300-$600 per intersection Appendix B: Traffic Calming | Page 8 of 15 - May provide a safer crossing for pedestrians - If stop signs are warranted, disregard for measure can create dangerous situations Turn Prohibitions and Other Restrictions - Inexpensive to install - No impact to emergency response time - May increase pedestrian traffic - Transit and school buses can be exempted - Restrictions can be “part- time” - Deliberate violation could create a hazard - May divert problem onto another street - Requires enforcement - Requires approval of an enabling ordinance - Not effective for reducing speeds $100-$200 enforcement costs Gateways/Entryw ays - May reduce volumes - Positive aesthetic effects - Good functionality - Improves quality of life for neighborhood - No impact to emergency response times - Can increase vehicular hazards - Can create poor visibility conditions - Can be expensive Varies depending on materials, length, and width of application area Colored Pavements - May reduce speeds and volumes - Positive aesthetic effect - Good functionality - Increases pedestrian safety - Improves quality of life for neighborhood - No impact to emergency response times - Can create vehicular hazards - Can make roadway features difficult to see if installed too densely - Increased maintenance - Surface can be slick – hazardous to pedestrians and cyclists Varies depending on materials, length, and width of application area Textured Pavement - May reduce vehicle speeds - May add aesthetic value - If used at an intersection can calm two streets at once - Little or no impact to emergency response times - Textured materials are expensive - Increased noise - Difficult for physically challenged individuals to maneuver - Increased maintenance costs Varies with material and area of installation Speed Humps - Effective in reducing speed - Compatible with pedestrians and bicycle movement - May also decrease cut- through traffic by increasing travel time - Inexpensive - Increased noise when vehicles travel over them - Increased maintenance costs - Slows emergency vehicles and buses - Aesthetics - Can be very uncomfortable to vehicle occupants with certain disabilities $1,500-$2,000 Appendix B: Traffic Calming | Page 9 of 15 Speed Lumps - Effective in reducing speeds - Maintains rapid response time - Inexpensive - Relatively easy for bicyclists to cross if installed correctly - Aesthetics - Private vehicles with large wheel bases can avoid the humps - Increased noise - Increased maintenance costs - Can be very uncomfortable to vehicle occupants with certain disabilities $1,800-$2,000 Speed Tables - Smoother than humps for larger vehicles - Effective in reducing speeds - Compatible with pedestrian and bicycle movements - May also decrease cut- through traffic by increasing travel time - Aesthetics, if decorative surface material is not used - Decorative materials are expensive - Increased noise - Increased maintenance costs - Slows emergency vehicles and buses - Can be very uncomfortable to vehicle occupants with certain disabilities $1,500-$4,000 (depending on materials Raised Crosswalks - Smoother than humps for larger vehicles - Effective in reducing speeds - Increases visibility for pedestrians - Slows vehicular traffic at conflict point with pedestrians - Better than simple crosswalk for visually impaired pedestrians - May also decrease cut- through traffic by increasing travel time - Aesthetic, if decorative surface material is not used - Decorative materials are expensive - Increased noise - Increased maintenance costs - Slows emergency vehicles and buses - Can be very uncomfortable to vehicle occupants with certain disabilities $1,800-$4,000 (depending on materials Raised Intersections - Smoother than humps for larger vehicles - Effective in reducing speeds - Increases visibility for pedestrians - Slows vehicular traffic at conflict point with pedestrians - Aesthetics, if decorative surface material is not used - Decorative materials are expensive - Increased noise - Increased maintenance costs - Slows emergency vehicles and buses Varies by materials used and intersection size Appendix B: Traffic Calming | Page 10 of 15 - May also decrease cut- through traffic by increasing travel time - Can be very uncomfortable to vehicle occupants with certain disabilities Traffic Circles - May significantly reduce speeds on “thru” streets - Reduces intersection collisions - Provides additional street aesthetics - May be used as a volume control device without limiting access - May require removal of parking near intersection - May cause sight distance problems for vehicles - Depending on size and location, may have high installation costs - May impact emergency response times - May impede large vehicles $5,000-$10,000 Roundabouts - Reduces vehicles speeds - Eliminates typical left-turn conflicts - In the long run, more economical to maintain than traffic signal - Adds to street aesthetics - Reduces crash severity at intersections - Often requires a large amount of right of way - May require additional lighting to lessen driver confusion at night - Not a typical traffic calming measure for local streets (used for collections and minor thoroughfares) - Initial costs are high Single lane roundabout $20,000- $120,000 (depending on Right-of-Way requirements) Curb Extensions - Narrows street width to encourage slower vehicle traffic at specific points - Shortens pedestrian crossing distance and makes pedestrians more visible - May facilitate more on-street parking spaces - Intended to reduce vehicle speeds - Conflicts with flow of bicycle lanes - Requires removal of some on-street parking $7,000-$10,000 Chicanes - Typically results in lower speeds - One lane chicanes can significantly reduce cut- through traffic - Can be aesthetically pleasing - May lead to an increase in head-on collisions - Higher maintenance costs - Can severely impact emergency response vehicles - Should not always be used in areas with frequent driveways - Loss of on street parking $4,000-$8,000 (depends on length of road affected) Appendix B: Traffic Calming | Page 11 of 15 Lateral Shifts - Is an effective tool for slowing traffic on high volume streets - Easy functionality for large vehicles - Les effective for reducing speeds than a one lane chicane - Proper design is crucial to avoid lane changing by vehicles - Loss of on street parking - May require additional right-of-way Varies by length, width, and shift distance Neckdowns - Increased pedestrian safety and range - Reduces speeds - May require bicyclists to merge with traffic - May slow emergency vehicles - Loss of on-street parking $4,000-$5,000 Realigned Intersections - Reduces speeds at T- intersections - Can reduce cut-through traffic by reassigning right of way at intersection - Typically requires additional right of way on one corner - Construction can be costly - May have minor impacts on emergency response times Varies with magnitude of the project Bulb outs - Reduces vehicle speeds near intersection - Makes pedestrian crossing safer and easier - Improve sight line between vehicles and pedestrians - May accommodate pedestrians with disabilities - May facilitate more on-street parking - Does not accommodate bicycle paths - May affect turning movements (especially for large trucks) $4,000-$5,000 per corner Tow-Lane Chokers - May reduce speeds - May reduce volumes - Positive aesthetic effect - Good functionality - Provides safer pedestrian crossings - May encourage more use of on-street parking - No impact on emergency response times - No vertical and little or no horizontal deflection - Loss of on-street parking - Bicyclists may have to merge with traffic $7,000-$10,000 One-Lane Chokers - Reduces speed and volumes - Positive aesthetic effect - Good functionality - Safer pedestrian crossings - Loss of on-street parking - Bicyclists may have to merge with traffic - Opposing vehicles trying to use same space - Can significantly delay emergency vehicles $7,000-$10,000 Appendix B: Traffic Calming | Page 12 of 15 Center Island Narrowing - May reduce speeds and volumes - Positive aesthetic effect - Good functionality - Increases pedestrian safety - Loss of on-street parking - Can impact emergency response vehicles if lanes are made too narrow - Should not be used in areas with frequent driveways Varies depending on size and material Medians - Prevents passing maneuvers along roadway - Provide area for street landscaping - Reduces vehicle speeds along a curve - Provides pedestrians refuge area and aids crossing maneuvers - Can be used to restrict movements at intersections - May require parking removal - May be costly - May limit access depending on length of median section - May reduce sight distance depending on roadway alignment, size of median - May impact emergency response times Varies depending on size and material Street Closures - Eliminates through traffic - Reduces speeds - Improves safety for all modes of transportation - Limits access - Creates problems for emergency vehicles - Often need to construct turn-arounds or cul-de- sacs near the closure point $20,000 (dependent on size) Diagonal Diverters - Reduces speeds and volumes - Can be aesthetic enhancement - Good functionality - Increases pedestrian safety - Improves quality of life for neighborhood - Can create vehicular hazards - Can create poor visibility conditions - Can be expensive - Potentially severe impacts on emergency response times Varies depending on size and materials Semi-Diverters - Reduces volumes - Positive aesthetic effect - Increases pedestrian safety - Improves quality of life for neighborhood - Limits cut-through traffic - Can create vehicular hazards - Restricts access at all times – not just during peak periods - Can create poor visibility conditions - Can be expensive - Does not control speed - May impact emergency vehicle response times Varies with application size Appendix B: Traffic Calming | Page 13 of 15 B.7 Radar “Your Speed” signs Solar powered signs that display the travel speed of on-coming traffic may be considered in non-residential areas. These signs will only be considered along high-volume state roads where targeted enforcement is unlikely to be effective due to drivers being from outside the community or the problem is intermittent. The speeding issue must be verified by a town traffic study. B.7.1 Petition Any resident or business owner may submit a written request to the Public Works Manager requesting the investigation for a radar sign in a location in the city limits along a state-maintained road. A traffic study will be conducted for any a request contain the signatures of at least ten addresses located within ½ mile section of a state road with a reported ADT above 10,000 VPD. All other requests will be taken to the Town Board to determine if a study is desired. B.7.2 Study results The results of a traffic study related to a radar sign request will be presented to the town board at the next available meeting and everyone signing the request will be notified of the meeting date and time. B.7.3 Evaluation Criteria The Town Board will consider the results of the traffic study, details of the issues raised by the petitioners, available funding, and the recommendation of the Public Works Manager and Police Chief regarding the potential impact and viability of the requested sign. Signs must be located in the state right of way and receive an encroachment arrangement prior to installation. The funding sources listed in B.5 also apply to this type of request. Appendix B: Traffic Calming | Page 14 of 15 We, the undersigned residents, hereby petition the Board of Commissioners to approve the traffic control devices described below upon indicated street or part thereof. THE STREET OR PART THEREOF DESIRED TO BE AMENDED IS: THAT PART OF STREET FROM STREET TO STREET. WITH RESPECT TO THE TRAFFIC CONTROL DEVICE PETITIONED FOR, WE REQUEST: 1) 2) 3) [Please note: a maximum of three (3) traffic calming devices may be requested] Resident’s signatures Street address (mailing if different) *The addresses of properties that will be directly affected by the proposed change have been determined by the Hillsborough Planning Division. By policy, the Board of Commissioners has stated that it would prefer to entertain request for changes in street regulations proposed by citizens only where 75% of the occupants of the properties directly affected by the proposed change have signed a petition requesting the changes. PETITION FOR TRAFFIC CONTROL DEVICES Appendix B: Traffic Calming | Page 15 of 15 CERTIFICATE AS TO SUFFICIENCY OF PETITION FOR TRAFFIC CONTROL DEVICE TO THE MAYOR AND BOARD OF COMMISSIONERS OF THE TOWN OF HILLSBOROUGH: I, , Town C lerk of the Town of H illsborough, N orth Carolina do hereby certify that the attached "Petition for Traffic Control Devices" was presented to me on the day of , 20 ; that I have investigated the sufficiency of the petition; and that the result of my investigation is as follows: The total number of properties directly affected by the requested change is . With respect to the signatures on the attached petition, signatures are those of residents of the affected area which is %of the residents on the project street. This the day of , 20 SEAL Town Clerk THIS FORM MUST BE ATTACHED TO THE “PETITION FOR TRAFFIC CONTROL DEVICES” AFTER ALL PETITIONERS’ SIGNATURES HAVE BEEN OBTAINED. Appendix C: MUTCD Street Sign Requirements Appendix C – MUTCD Street Sign Requirements This appendix includes the section of the 2012 Supplement to the Standard Highway Signs element of the Manual on Uniform Traffic Control Devices that discusses the requirements for street name signs. This is provided for informational purposes. Refer to the FHWA Manual on Uniform Traffic Control devices website at http://mutcd.fhwa.dot.gov/ for future updates to this information. Appendix C: MUTCD Street Sign Requirements Appendix C: MUTCD Street Sign Requirements Appendix C: MUTCD Street Sign Requirements Appendix C: MUTCD Street Sign Requirements RESOLUTION Endorsing updates to Street Standards document WHEREAS, The Hillsborough Board of Commissioners endorsed the Street Standards document in July 28, 2014 following its creation with the assistance of the Triangle J Council of Governments staff; and WHEREAS, The document has been revised in 2016 and 2021 to incorporate the traffic calming policy, private street standards, and approval checklists; and WHEREAS, The document has been updated to align with changes to development review processes, update amenity standards, and provide additional guidance for unusual requested improvements; and NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners hereby endorses the updated Street Standards document as a current reflection of requirements, standards, and processes related to improvements in public rights of way and for the traveling public. Approved this 13th day of June 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT | 1 of 2 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Community Services Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Margaret A. Hauth, Assistant Town Manager ITEM TO BE CONSIDERED Subject: Ordinance amending Town Code Chapter 11 to update solid waste collection requirements Attachments: 1. Town Code Chapter 11 – redline version 2. Draft ordinance amending Chapter 11 Brief summary: Amendments to the solid waste chapter of the town code are needed to remove the franchise provisions for commercial waste collection. Numerous other amendments are included to update the chapter to reflect current operations. Action requested: Adopt the attached ordinance to amend chapter 11 of the town code. ISSUE OVERVIEW Background information and issue summary: The attached redline version provides all of chapter 11. Language to be deleted is in red strike through. New language is in red underline. In summary, the amendments: • Make 3 definition changes and universally uses the term “rollout cart” • Define town services for basic waste collection and the mechanism (Section 11-16) • Detail when contracted service is required and the standards (Section 11-18) • Detail the variety of services provided in addition to basic waste collection (Section 11-20) • Remove the franchise language (Section 11-23) • Correct some cross references in the enforcement section (Section 11-58 and beyond) There are no changes to the junk vehicle or illicit discharges sections. Financial impacts: No direct impact For clerk’s use AGENDA ITEM: 4.K Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 2 of 2 Staff recommendation and comments: Update on the franchise agreement – written notice was sent to GFL Environmental following the last board meeting. There has been no contact from GFL Environmental. An information postcard was development and sent to about 330 local business addresses. A page was created on the FAQ portion of the website with additional information. The postcard included a QR code which linked directly to the FAQs. PART II - CODE OF ORDINANCES Chapter 11 SOLID WASTE AND ENVIRONMENTAL REGULATIONS Hillsborough, North Carolina, Code of Ordinances Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 1 of 27 Chapter 11 SOLID WASTE AND ENVIRONMENTAL REGULATIONS1 ARTICLE I. DEFINITIONS Sec. 11-1. Definitions. Unless otherwise specifically provided, or unless otherwise clearly required by the context, the words and phrases defined in this section shall have the meaning indicated when used in this chapter. (1) Abandoned motor vehicle means a vehicle that: (i) Is left on public grounds or town-owned property in violation of a law or ordinance prohibiting parking; (ii) Is left longer than 24 hours on property owned or operated by the town; (iii) Is left for longer than two hours on private property without the consent of the owner, occupant, or lessee of the property; or (iv) Is left for longer than seven days on public grounds. (2) Garbage means all solid wastes capable of being rapidly decomposed by micro-organisms, including but not limited to animal and vegetable wastes resulting from the handling, preparation, cooking, and consumption of food as well as animal offal and carcasses, but excluding sewage and human wastes. (3) Junked motor vehicles means a motor vehicle that exhibits two or more of the following criteria: a. Is partially dismantled or wrecked; b. Cannot be self-propelled or moved in the manner in which it was originally intended to move; c. Is more than five years old and appears to be worth less than $100.00; d. Does not display a current license plate when the motor vehicle is required by laws of this state to have such a license plate to operate on the public roads. (4) Managed natural landscape means an intentional and maintained planting of native or non- native grasses, wildflowers, forbs, ferns, shrubs, or trees, often in areas traditionally maintained as lawn, to promote pollinator habitat. (5) Meadow means an area of managed natural landscaping in which routine maintenance is deferred and native plants are allowed to thrive. Such areas may contain grasses, groundcovers, wildflowers, woody plants, and trees. Such areas generally are not regularly mulched, weeded, mowed, and pesticides, 1Editor's note(s)—The ordinance regulating recyclable materials and licensing the collection of regulated recyclable material in Orange County designed and adopted by Orange County was duly adopted by the Hillsborough Town Board effective July 8, 2002, to include any and all future amendments as deemed appropriate by Orange County. This ordinance can be viewed at the Orange County Clerk to the Board's Office. State law reference(s)—Municipal abatement of public health nuisances, G.S. 160A-193; abatement of public health nuisance, G.S. 130A-19; abatement of imminent hazard, G.S. 130A-20. Created: 2022-03-23 09:59:18 [EST] (Supp. No. 44) Page 2 of 27 herbicides, and fertilizer are not used. Such areas generally do not have a deliberate or definable arrangement of plant material. (6) Motor vehicles means any machine designed or intended to travel over land or water by self- propulsion or while attached to a self-propelled vehicle. (7) Owner. The legal or beneficial owner of land, including but not limited to a mortgagee or vendee in possession, receiver, executor, trustee, or long-term or commercial lessee, or any other person or entity holding proprietary rights in the property or having legal power of management and control of the property. "Owner" shall include long-term commercial tenants; management entities, such as those charged with or engaged in the management of properties for profit; and every person or entity having joint ownership of the property. A secured lender not in possession of the property does not constitute an owner, unless the secured lender is included within the meaning of "owner" under another description in this definition, such as a management entity. (8) Planted area means an area of managed natural landscaping in which there is a deliberate or definable arrangement of plant material and some regular removal of inconsistent, invasive, or non- beneficial plant materials. Mowing of these areas is not recommended or required. (9) Sanitation superintendent means the sanitation superintendentpublic works manager or any other person designated by the town manager to perform the functions and exercise the responsibilities assigned by this chapter to the sanitation superintendent. (10) Street superintendent means the street superintendent or any other person designated by the town manager to perform the functions and exercise the responsibilities assigned by this chapter to the street superintendent. (11) Refuse means all solid wastes except: garbage, and solids that are dissolved or suspended in domestic, commercial, or industrial waste effluent. (12) Scrap materials includes: a. Pieces or fragments of metal, wood, glass, masonry, plastic, textiles, rope, leather, rubber, paper, or any other substance that formerly were part of the construction of some useful object or thing that consist of the excess resulting from the creation of some useful object or thing; or b. Objects or things, including but not limited to machines, tools, equipment, hardware, furniture, appliances, scrap tires, et cetera or parts of the same that are no longer in serviceable condition or are valuable only as raw material for reprocessing. (13) Scrap tire means a tire that is no longer suitable for its original intended purpose because of wear, damage or defect. (14) Solid waste means wastes that are nongaseous and nonliquid, except that liquid wastes resulting from the processing of food are deemed solid wastes for the purposes of this chapter. (15) Waste means all useless, unwanted, or discarded materials resulting from domestic or industrial processes. (16) Yard Waste means grass cuttings, hedge clippings, tree trimmings, leaves, branches, brush, and similar materials. (Prior Code, § 11-1; Ord. of 5-14-1990; Ord. of 9-14-1998; Ord. of 7-10-2006, § 1; Ord. No. 20111212-11.B, § 1, 12- 12-2011; Ord. No. 20191014-6.E, §§ 1, 2, 10-14-2019) Formatted: Font: Italic PART II - CODE OF ORDINANCES Chapter 11 - SOLID WASTE AND ENVIRONMENTAL REGULATIONS ARTICLE II. CONTROL OF SOLID WASTE, SCRAP MATERIALS AND NOXIOUS GROWTH Hillsborough, North Carolina, Code of Ordinances Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 3 of 27 ARTICLE II. CONTROL OF SOLID WASTE, SCRAP MATERIALS AND NOXIOUS GROWTH Sec. 11-2. Accumulation of solid waste. (a) Subject to the qualifications contained in subsection (b) of this section, no person may cause, suffer, or permit solid wastes to accumulate or remain on premises under his control except in accordance with the provision of article III of this chapter. (b) Natural solid waste materials resulting from lawn or garden work, such as bush and tree trimmings, leaves, grass, stumps, dirt and stones may be allowed to accumulate or remain on the premises under a person's control unless these materials become or threaten to become a fire hazard or harboring place for rats, mice, snakes or other vermin or otherwise pose a danger to the public health or safety. (c) The accumulation of solid waste with a volume greater than 300 cubic feet for a period of more than 21 days shall constitute a public nuisance and will be abated according to section 11-58. (Prior Code, § 11-2; Ord. of 9-14-1998) Sec. 11-3. Dumping or littering on public or private property. No person may place, discard, throw, drop, or deposit, or cause to be placed, discarded, thrown, dropped or deposited, any solid wastes on: (1) Any public street or sidewalk within the town or on any property owned or operated by the town or any other public property, except in properly designated receptacles; or (2) Any property not owned by him without the consent of the owner, occupant, or lessee thereof. (Prior Code, § 11-3) Note(s)—G.S. 14-399 makes the acts prohibited in this section a misdemeanor, punishable by a fine of not more than $200.00. Therefore, this section may be enforced by the town only through civil penalties or injunctive relief. Sec. 11-4. Transportation of solid waste within town. No person may transport or cause to be transported any solid wastes on the public streets of the town unless the solid wastes are so secured that no solid wastes escape from the transporting vehicle. In addition, any garbage so transported shall be carried in closed containers that prevent the escape of noxious odors or liquids. (Prior Code, § 11-4) Sec. 11-5. Burning or burying solid wastes. (a) No person may burn or cause to be burned any garbage for purposes of disposal, and no person may burn or cause to be burned any refuse except as specifically authorized by section 12-14. Created: 2022-03-23 09:59:18 [EST] (Supp. No. 44) Page 4 of 27 (b) No person may burn or cause to be burned any solid waste for purposes of disposal. (Prior Code, § 11-5) Sec. 11-6. Declaration of policy for scrap materials, tires. (a) The Board hereby declares that the uncontrolled accumulation of scrap materials on any premises constitutes a danger to the health, safety, and welfare of the citizens of the town or that such accumulation can furnish shelter and breeding places for vermin, present physical dangers to the safety and well-being of children and other citizens, pose a danger of fire and depreciate property values or cause a loss of business by detracting from the appearance and character of residential and commercial neighborhoods. (b) The Board further declares that uncontrolled storage and accumulation of scrap tires may create an aesthetic as well as a public health and safety problem because tire piles are unsightly and act as breeding sites for mosquitoes and other disease transmitted vectors and pose substantial fire hazards. (Prior Code, § 11-6; Ord. of 5-14-1992) Sec. 11-7. Accumulation of scrap materials, scrap tires. The following accumulations of scrap material constitute a public nuisance and will be abated according to section 11-58: (1) The accumulation of scrap material with a volume greater than 300 cubic feet for a period of more than 21 days; (2) The accumulation of more than 12 scrap tires on a residential premises if stored outside a structure; (3) The accumulation of 150 or more scrap tires on a nonresidential premises if they are not stored within a structure or within a container outside of a structure as to minimize substantially the dangers set forth in section 11-6. (Prior Code, § 11-7; Ord. of 9-14-1998) Sec. 11-8. Managed natural landscapes and noxious growth. (a) No person may cause, suffer or permit on premises under his control any growth of weeds, grasses, or other plants or bushes that becomes or threatens to become a fire hazard or a harboring place for wildlife which poses a danger to the public health or safety. (b) Noxious growth that is at least eight inches in height and remains so far for a period of more than 21 days shall constitute a public nuisance and will be abated according to section 11-58. (c) Notwithstanding the forgoing, the town recognizes the benefits to the environment of managed natural landscapes. Managed natural landscape areas may be in the form of meadows or more deliberate planted areas. The managed natural landscape areas will not be considered noxious growth or subject to subsections (a) and (b) above provided: (1) The provisions requiring regular maintenance of the area between the curb or edge of pavement and the property lines in section 7-7 of this Code must still be met. (2) Managed natural landscapes must maintain a ten-foot maintained setback from any adjoining property lines. Within the ten-foot setback, the property owner must prevent noxious growth as defined in subsections (a) and (b) above. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 5 of 27 (3) Meadow areas of managed natural landscapes shall be mowed to a height of eight inches or less at least once per calendar year at the end of the growing season (after October 31 but before February 1). (4) Managed landscape areas that are deliberate planted beds or areas need not be mowed. (5) Town staff may determine that a managed natural landscape is not properly maintained according to recommended practices or these provisions and may apply above provision (b) if the area becomes a nuisance. (Prior Code, § 11-8; Ord. of 9-14-1998; Ord. No. 20191014-6.E, §§ 3—5, 10-14-2019) Editor's note(s)—Ord. No. 20191014-6.E, § 3, adopted October 14, 2019, renamed section 11-8 from noxious growth to managed natural landscapes and noxious growth. Secs. 11-9—11-15. Reserved. ARTICLE III. STORAGE AND COLLECTION OF SOLID WASTES2 Sec. 11-16. Property owner responsibility for solid waste receptacle. The owner of every premises shall be responsible for providing adequate solid waste receptacles in accordance with this section to store the solid wastes generated by activities taking place on those premises between scheduled pickups. (Prior Code, § 11-16) Sec. 11-17. Specifications for solid waste receptacle. (a) The town shall have no obligation to, and does not, collect solid waste from premises unless the premises have frontage on a public street constructed to town standards and solid waste receptacles are provided as required by the section. The town shall have no obligation to, and does not, collect solid waste from premises unless the premises have frontage on a public street constructed to town standards and solid waste receptacles are provided as required by the section. (b) All dwelling units have driveways or other clearly defined curbside locations where rollout carts can be serviced along the public street. (c) Subject to the provisions of this section, and after consultation with the owner of the premises concerned, the sanitation superintendent shall determine the size, number, and type of solid waste receptacles that must be provided for all premises in accordance with section 11-16. In making this determination, the sanitation superintendent shall consider the type of activities on each premises and the amount of solid waste likely to be generated by those activities, as well as the welfare of the occupants and neighbors of those premises and the town's need to facilitate collection and minimize the costs of this service. 2State law reference(s)—City may regulate illegal disposal of solid waste, littering, G.S. 160A-185; authority to regulate disposal of trash and garbage within municipal limits, G.S. 160A-303.1; municipal power to require use of solid waste services and to regulate accordingly, G.S. 160A-317(b); requirements for municipal solid waste landfill facilities, 15A NCAC 13B.1601 et seq. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 6 of 27 (d) When there are five or more attached dwelling units (e.g., each shares at least one wall with an adjacent unit, such as a townhouse or apartment building), the owner(s) of the premises shall provide one or more solid waste receptacles as determined by the sanitation superintendent. (e) Unless otherwise determined by the sanitation superintendent for good cause shown, whenever any nonresidential premises requires more than three of the containers described in subsection (f) of this section, assuming twice per week collection by town crews in order to satisfy the requirement stated in subsection (c) of this section, then one or more dumpsters of an appropriate size shall be required. For purposes of this section where multiple business developments having an accessway or parking area owned in common by such businesses or enterprises or by an association of such owners, the term "nonresidential premises" refers collectively to all of the businesses located on a single lot or served by an accessway that is commonly owned. (1) Two cubic yards of storage capacity are provided for every eight dwelling units or fraction thereof. (2) If more than one dumpster is required, the owner shall provide the smallest number of dumpsters capable of satisfying the requirements stated in subsection (1) of this section. (f) Businesses are required to store their waste matter in either 30-gallon cans with handles and lids or the town prescribed dumpsters. The dumpsters are optional if a business has no more than three 30-gallon cans of waste daily. If the daily waste from any one business exceeds three 30-gallon cans, the business must purchase and maintain a prescribed dumpster. The size of the dumpster and its location are to be determined by the sanitation superintendent. (g) When dumpsters are required by the sanitation superintendent, only dumpsters compatible with town collection equipment will be approved. (h) Unless otherwise determined by the sanitation superintendent for good cause shown, the owners of all premises not required to be served by dumpsters shall provide at least one 30—32-gallon container made of galvanized metal, plastic, rubber, or other material resistant to rust, corrosion, or rapid deterioration. Each required container shall be watertight and provided with handles and a tightfitting cover. (Prior Code, § 11-17; Ord. of 6-8-1992; Ord. No. 20160509-11.E, 5-9-2016) Sec. 11-16. Services Provided by the town. (a) The town establishes that the collection of solid waste materials in a timely manner is necessary to protect the public health and safety. Therefore, the town establishes the following standard of service for solid waste collection to be covered by the ad valorem taxes paid to the town: (1) weekly, curbside solid waste collection of one rollout cart of 96 gallons (2) the town provides one such cart, compatible with its equipment, to each address qualified to receive service (3) weekly, curbside collection of a second rollout cart of 96 gallons maybe included and provided if the resident purchases the second cart from the town for the fee established in the fee schedule. (b) For consistency, the town establishes that the level of service established above will be provided to the following types of locations or properties: (1) Single-family houses with frontage on public streets or with driveway access to a public street (2) Single-family houses on private streets where there is safe access to a receptacle storage area for the automated truck from a public street without unduly delaying travel on that public street. (3) Townhouses with frontage on public streets or with executed hold harmless agreements for town equipment to provide service on private streets. Formatted: List 1 Formatted: List 1 Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 7 of 27 (4) Other attached housing arrangements with not more than five units on a single lot provided there is safe access to the receptacles for the automated truck from a public street. (5) Any accessory dwelling unit collocated with a single-family dwelling (attached or detached) is a single- family dwelling for the purposes of this section and is entitled to its own container. (6) Churches and community organizations located in residential areas that can safely and adequately be served with the standard define in paragraph a above. (c) The town establishes that the public health and safety cannot be reasonably preserved with this established level of service for businesses, offices, restaurants, hotels, industries, residential condominiums or apartment complexes as these facilities generally produce a larger volume of waste or require more frequent service due to the character of the waste generated. Additionally, the volume of recyclable material generated at these facilities benefits from the provision of bulk recycling collection services provided by Orange County. (d) The sanitation superintendent shall be empowered to determine which uses and operations are required to contract for solid waste collection. (e) The sanitation superintendent in coordination with Orange County recycling staff will determine the size of dumpsters and recycling containers needed to serve any development that does not qualify for town service. (f) The specifications of the enclosure for such containers are detailed in the Unified Development Ordinance for Hillsborough. Sec. 11-17. Receptacles generally. All locations served by the town will be provided a rollout cart for solid waste for removal by the town. The following rules and regulations shall be observed: (a) Town-provided containers must be used so that automated trucks can be utilized. Bulk items or items too large to fit in the provided container will be serviced during bulk collection or via special collection only. (b) It is the property occupant's responsibility to ensure that vehicles do not block the container and that the container is accessible to the automated truck arm. (c) The property occupant will be responsible for keeping his container in a clean and sanitary condition. (d) Each address receiving service will be provided a single container. If a resident/occupant desires an additional container for regular service, one additional container will be provided following the payment of a fee established by the fee schedule. No location will receive regular collection from more than two containers. Sec. 11-18. Storage and collection practices—Premises served by dumpsters required to have contracted service. With respect to premises served by dumpsters: (1) The location of dumpsters shall be determined by the sanitation superintendent after in consultation with Orange County Solid Waste staff and the owner of the premises concerned. In making this determination, the sanitation superintendent shall consider the needs of the occupants of the premises, the welfare of the occupants and neighbors, and local ordinances. the town's need to facilitate collection and minimize the cost of the service. (2) Solid waste shall be collected from the dumpsters by the town where the dumpsters are located by the sanitation superintendent. Dumpsters must be located on private property and serviced without interfering with traffic flow on the parcel or nearby public roads. The location must also be constructed Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 8 of 27 in compliance with the Orange County Solid Waste Management Ordinance and screening requirements in the Hillsborough Unified Development Ordinance. (3) The sanitation superintendent may require that screening be provided around dumpsters if he determines that such screening is necessary to prevent solid wastes from being transported into neighboring properties, or if the location of the dumpsters is such that, in the absence of screening, the dumpsters would present an offensive appearance or cause offensive odors to be transmitted to neighboring properties or passersby. (4) All solid wastes shall be stored in dumpsters pending collection by the town. No solid wastes not placed in dumpsters will be collected by the town, except in accordance with section 11-20. (5) All dumpsters shall be cleaned periodically to minimize offensive odors, and the tops or openings to all dumpsters shall be kept securely fastened at all times pending collection. (6) Only dumpsters compatible with the town's collection equipment will be serviced by the town. Responsibility for acquiring and maintaining such compatible dumpsters remains with the customer. (7) Subject to the provisions of subsection (8) of this section, the town will collect solid waste from all dumpsters located on any given premises twice weekly without charge. Additional collection service is available from the town for a fee, which shall be established and revised from time to time by the Board of Commissioners. (8) Dumpsters located on premises that are exempt from the payment of ad valorem taxes shall be collected by the town only upon payment of a fee for this service, which fee shall be established and revised from time to time by the Board of Commissioners. (6) The premises owner or tenant shall contract for dumpster service adequate to keep the premises from becoming a nuisance. Service may only occur between 6:30 a.m. and 6:00 p.m. Monday -Saturday. Collection is not allowed on Sundays. (7) Locations required to have contracted service which have limited volume of waste may opt to contract for rollout cart service if offered by their service provider and: a) the location is outside the Central Commercial Zoning District and b) the location does not serve food or beverages as part of their business and c) the location can place rollout carts in a location where they can be safely served while not unduly interfering with traffic on the adjoining public street or d) the location has been provided a written exemption by the sanitation superintendent for the current occupant/operation (items a-c need not apply). (Prior Code, § 11-18; Ord. of 7-1-1994) Sec. 11-19. Same—Premises not served by dumpsterstown. With respect to premises not served by dumpsters: (1) Garbage Solid waste may be stored pending collection by the town only in the roll-out containerscarts provided by the town, and the top of such containers shall at all times be kept securely fastened. Such mobile containers shall be kept between scheduled pickups either within a completely enclosed substantial structure such as a house, garage, or shed, or: Formatted: Indent: Left: 0.38" Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 9 of 27 a. If a lot has frontage on only one street, then such mobile containersthe rollout cart shall be located behind the building line of the side of the principal building on that lot that faces the street; b. If a lot is a corner lot, then such mobile containersthe rollout cart shall be located behind the building line of the side of the principal building on that lot that faces the street; c. If a lot has frontage on two streets that are more or less parallel, then such mobile containersthe rollout cart shall be located behind the building line of the front of the principal building on that lot but, if possible, not closer than 45 feet to the centerline of the street that runs along the rear of such lot. If mobile containersthe rollout cart stored behind the front building line must be located within 45 feet of the centerline of the street that runs along the rear of such lot, then such mobile containersrollout cart shall be located along the side of the principal building. (2) Rollout cartout containers shall be placed adjacent to the street for collection before 7:00 a.m. on the scheduled collection day or afterbut no sooner than 4:00 p.m. on the preceding day. After collection, all solid waste receptacles and all uncollected solid waste shall be removed to a storage location that complies with subsection (1) of this section, by 6:00 a.m. on the day following the collection day. (3) If the sanitation superintendent determines that because of the physical infirmity of the occupant of any premises, the occupant cannot without severe hardship transport the solid waste from the storage location required by subsection (1) of this section, to the collection point required by subsection (2) of this subsection, he may provide rear yard pickup service if necessary. (4) Containers other than those described in subsection 11-17(e), will be treated as solid wastes and collected by the town. However, except as otherwise provided in this article, tThe town reserves the right to refuse to collect solid waste not placed in the approved containers or containers not located in a manner accessible to the automated truck. The town may collect unapproved containers as solid waste. (5) No person may cause, suffer, or permit any garbage can or solid waste receptacles other than the rollout carts containers provided by the town to be stored in any location that does not comply with the provisions of this article dealing with the storage location of mobile containers. (6) Grass cuttings, hedge clippings, tree trimmings, and similar materials may not be placed for collection by the town in the receptacles normally serviced as part of the town's regular collection service and will not be collected by the town as part of this service since such materials may no longer be taken to the Orange County Landfill. However, the town may provide a separate collection service for such materials at such times and under such circumstances prescribed by the town manager. The town manager may establish limits on the size and bulk of such materials that will be collected by the town and may prescribe the types of containers within which such materials must be placed for collection . (7) Bulk items will be collected once a month during the second full week of each month. If the scheduled collection day falls on a town observed holiday, bulk items will be removed the following business day. Bulk items may be placed at the curbside no earlier than seven calendar days before the scheduled collection date. See chapter 11, section 11-56 for enforcement penalties. (8) Leaves will be collected by the town between November 15 and April 1 on days specified for such collection if placed adjacent to the street so that they may easily be handled by the collector. No tree limbs, shrubs, or other materials may be mixed with the leaves. At other times during the year, leaves will be picked up as part of the regular collection if prepared in accordance with subsection (6) of this section. (96) Containers weighing more than 75 pounds and heavy or bulky items such as tree trunks, tree trimmings, or hedge cuttings more than 69 inches in length or four inches in diameter, furniture, and similar items will be collected only in accordance with section 11-210. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 10 of 27 (Prior Code, § 11-19; Ord. of 11-9-1992; Ord. of 9-17-1995; Ord. No. 20120409-10.F, 4-9-2012; Ord. No. 20120917- 10.G, 9-17-2012) Sec. 11-20. Other regular collection services. (a) Yard waste/brush. The town provides weekly yard waste collection to locations receiving solid waste collection. The town may provide this service to commercial locations when the waste is not generated by commercial landscape services and otherwise meets the standards and limitations for yard waste. The standards and limitations will be established by the sanitation superintendent and published along with the collection calendar. (b) Bulk items will be collected once a month during the second full week of each month, using Sunday as the first day of the week. If the scheduled collection day falls on a town observed holiday, bulk items will be removed the following business day. Bulk items may be placed at the curbside no earlier than seven calendar days before the scheduled collection date. (c) Loose leaves will be collected by the town each fall for a period of not less than 10 weeks determined on the sanitation superintendent and published on the collection calendar. Loose leaves must be placed adjacent to the street so that they may easily be handled by the collector. No tree limbs, shrubs, or other materials may be mixed with the leaves. Outside of loose-leaf collection period, leaves may be collected with yard waste if properly bagged in biodegradable bags or otherwise required by the sanitation superintendent. Sec. 11-2021. Special collections. Solid wastes that are too bulky, heavy, or cumbersome to be collected by the town as part of its regular collection service may be collected by the town pursuant to a request made to the sanitation superintendent and payment of a fee for this service. The fee will be determined by the sanitation superintendent based upon the nature and amount of the materials to be collected and the estimated time required to perform the service, but in all cases a fee of at least $25.00$50.00 shall be charged. This fee must be paid in advance of the service. The town reserves the right to refuse any request made pursuant to this section and the failure of the town to provide this service shall not relieve any person of any of the obligations imposed by this article. (Prior Code, § 11-20) Sec. 11-2122. Miscellaneous. (a) Collection routes and schedules. The sanitation superintendent shall establish collection routes and schedules and may alter these routes and schedules from time to time. A copy of the current routes and schedules shall be kept on file in the collections office and posted on the town website. Notice of any changes in the routes or schedules shall be published in the local newspaper at least ten days before the changes are to become effective. (b) Discretionary determination. Whenever this article authorizes the sanitation superintendent to make a discretionary determination, all persons affected by that determination shall comply with it within 15 calendar days after receiving written notice of the determination and the reasons for it. Thereafter, a failure on the part of the person receiving such notice to comply with the determination shall constitute a violation of this article. (c) Damage or interference with solid waste storage or collections. No person may damage, displace, or otherwise interfere with solid waste receptacles or solid waste stored or prepared for collection except with the consent of the owner, lessee, or occupant of the premises where those receptacles or solid wastes are located. Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Block 1, Indent: Left: 0", Hanging: 0.31",Numbered + Level: 1 + Numbering Style: a, b, c, … +Start at: 1 + Alignment: Left + Aligned at: 0.25" +Indent at: 0.5" Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 11 of 27 (Prior Code, § 11-21; Ord of 11-9-1992) Sec. 11-2223. Limitations on solid waste materials collected by the town. Due to limitations on articles that will be accepted by the Orange Regional LandfillThe town does not provide collection of the following items due to either their degree of recyclability or hazardous nature. , nNo person shall dispose of any of the following items in receptacles designated for town solid waste collection: (1) Oil-based paint or paints with ignitable solids including paint containers with residual liquid, however latex paint residues will be accepted mixed with kitty litter-type material, open, and completely dried; (2) Hazardous materials as classified by the United States Environmental Protection Agency; (3) Gas tanks and oil drums; (4) Asbestos; (5) Large dead animals; (6) Recyclable corrugated cardboard, defined. For purposes of this subsection, the term "corrugated cardboard" means cardboard from any commercial, industrial, construction, multifamily, or institutional source that has three layers, including an inner wavy layer, and is the type generally used for most boxes; and the term "recyclable corrugated cardboard" means cardboard that is not waxed and is not contaminated with other materials (e.g., pizza boxes with food and oil); (7) White good, defined. For purposes of this subsection, the term "white goods" means refrigerators, ranges, water heaters, freezers, unit air conditioners, washing machines, dishwashers, clothes dryers, and similar domestic and commercial large appliances; (8) Antifreeze (ethylene glycol); (9) Aluminum cans; or (10) Used oil. (Prior Code, § 11-22; Ord. of 12-11-1995) Sec. 11-23. Authorization for commercial solid waste disposal and collection franchise agreements within the Town of Hillsborough. Item 1. Purpose. The purpose of this section is to authorize the Town of Hillsborough Board of Commissioners to approve and enter into franchise agreements, including exclusive franchise agreements, with other local governments and/or private entities for the collection of solid waste generated by nonresidential establishments located within the Town of Hillsborough's corporate limits. Item 2. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this item 2, except where the context clearly indicates a different meaning: (1) Commercial solid waste means solid waste generated by or as a result of nonresidential activity within the Town of Hillsborough, including but not limited to the solid waste generated by commercial and industrial establishments and excluding solid waste generated at residences situated within the Town of Hillsborough. (2) Franchise means any authorization granted hereunder in the terms of a franchise, privilege, permit or license to collect commercial solid waste in the Town of Hillsborough. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 12 of 27 (3) Grantee means the person to whom a franchise is granted by the Town of Hillsborough Board of Commissioners, and the lawful successor, trustee or assignee of this person, so long as the transfer is approved in accordance with this section. (4) Limited area grantee means a grantee that is granted a franchise to operate within a limited area of the Town of Hillsborough. (5) Limited purpose grantee means a grantee that is granted a franchise to provide commercial solid waste collection services to certain specified locations within the Town of Hillsborough. (6) Business hours shall be established in the franchise agreement. (7) Service area or franchise area refers to the entire geographic area of the Town of Hillsborough, unless otherwise specified in the franchise agreement. (8) Street or road means the surface of any space above and below any publicly or privately owned or maintained property or right-of-way, street, road, highway, freeway, land, path, alley, sidewalk, parkway or drive, now or hereafter existing within the incorporated area of the Town of Hillsborough. (9) Subscriber means any person who or which lawfully elects to contract directly with grantee for the collection of commercial solid waste and who pays charges to the grantee for such service. Item 3. Franchise required. Except as provided in this section, no person may engage in the purpose grantee, and no person providing commercial solid waste collection services within the Town of Hillsborough on the effective date of the ordinance from which this section is derived, or on the effective date of annexation of an area in the Town of Hillsborough may continue to provide such services after the effective date of annexation unless a franchise has been granted under this section. Item 4. Conflict between this chapter and franchise. To the extent that there is any conflict between provisions of this chapter and the provisions of any franchise granted pursuant to this section, the provisions of the franchise shall be controlling. Item 5. Initial franchise applications. (a) Any person desiring an initial franchise to collect commercial solid waste within the Town of Hillsborough shall file an application with the town in accordance with the provisions of this section. (b) An application for an initial franchise to provide commercial solid waste collection services shall contain, where applicable: (1) A statement as to the proposed franchise and service area; (2) A resume of the prior history of the applicant, including the legal, technical and financial expertise of the applicant in the commercial solid waste business; (3) A list of the partners, general and limited, of the applicant, if a partnership, or the percentage of stock owned and controlled by each shareholder, if a corporation; (4) A list of the officers, directors and managing employees of the applicant, together with the description of the background of each such person; (5) The names and addresses of any parent or subsidiary of the applicant or any other business entity owning or controlling the applicant in whole or in part, or owned or controlled in whole or in part by the applicant; (6) A current financial statement of the applicant verified by a certified public accountant's audit or otherwise certified to be complete and correct to the reasonable satisfaction of the town; (7) A proposed service schedule, including a schedule of fees, which the applicant proposes to charge to customers within the town; Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 13 of 27 (8) Any additional information the town deems reasonably necessary to determine whether the applicant is qualified to provide commercial solid waste collection services in accordance with the provisions of this section. Item 6. Acceptance of franchise; effective date. (a) Upon receipt of an application for a franchise in accordance with the provisions of item 5 of this section, the Town Board shall determine the applicant's qualifications to provide commercial solid waste collection services in accordance with the provisions of this section. If the Board determines that the applicant is not so qualified, it may refuse to grant the requested franchise. If the Board determines that the applicant is so qualified, it may, by ordinance, grant a franchise to such applicant to be effective as provided in this section. No provision of this section may be deemed or construed to require the granting of a franchise when the Board determines not to do so would not be in the public interest. (b) Within 30 days after the Board has taken final action to approve the granting of a franchise, the grantee shall file with the town clerk a written acceptance of the conditions required for the franchise, acknowledged before a notary public. Such acceptance shall acknowledge that the grantee agrees to be bound by and to comply with the provisions of this chapter and the franchise shall be in the form approved by the town attorney. (c) Concurrently with the filing of the written acceptance, the grantee shall file with the town clerk the bond, letter of credit, and insurance policies required by items 20 and 21 of this section. (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. 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 under the time limits set forth in subsection (b) of this item 6, the Town Board may, at any time thereafter before acceptance, summarily revoke the franchise. Written notice of such revocation shall be sent to the grantee forthwith. Item 7. Franchise term. A franchise granted may be for a term of up to five years from the Town Board takes final action to approve such franchise. The term of the franchise shall be specified in the franchise. Item 8. Exclusive, nonexclusive franchise. Any franchise granted may be either exclusive or nonexclusive, in the sole discretion of the Town Board. The town specifically reserves the right to grant, at any time, such additional franchise for the provision of commercial solid waste collection services, as it deems appropriate, subject to applicable state or federal law. Item 9. Multiple franchises. The town may grant one or more franchises for a service area. The town may, in its sole discretion, limit the number of franchises granted based upon, but not necessarily limited to, the requirements of applicable law and specific local considerations such as: (a) The impact on the community of having multiple franchises; (b) The disadvantages that may result from competition; (c) The financial capability of the applicant and its guaranteed commitment to make the necessary financial investment and to maintain and competently operate the proposed commercial solid waste system for the duration of the franchise term. Item 10. Transfer or assignment of commercial solid waste collection service. (a) The transfer of control of a franchise or assignment of a franchise to operate a commercial solid waste collection service, other than a pro forma transfer or assignment to a parent or wholly owned Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 14 of 27 subsidiary corporation or other form of organization, shall not take place whether by force or voluntary sale, lease, mortgage, assignment, encumbrance, foreclosure, attachment or merger or other form of disposition, without prior notice to and approval by the Town Board. The notice shall include full identifying particulars of the proposed transaction, and the Town Board shall act by resolution. The Town Board shall have 120 days after the receipt of the notice and all supporting documents within which to approve or disapprove a transfer of control or assignment of the franchise. If the proposed transfer or assignment is not acted upon within 120 days, approval shall be deemed to have been given. (b) Notice of any such proposed transfer or assignment, together with copies of all documents pertaining thereto, shall be in writing and filed with the town clerk. The proposed transferee or assignee shall agree in writing to comply with all provisions of this section, the franchise and such other provisions and requirements as the Town Board might require. (c) For the purpose of this section, the term "control" is not limited to majority stock ownership but includes actual working control in whatever manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise upon the acquisition or accumulation by any person or group of persons of ten percent of the voting shares of the grantee. (d) In the absence of extraordinary circumstances, the Town Board will not approve any transfer or assignment of a franchise within the first two years of operation. Item 11. Termination and expiration of franchise. (a) The Town Board may terminate at any time any franchise granted hereunder and rescind all rights and privileges associated therewith in the event that the: (1) Grantee has not complied in some material respect with any provision of this section, or of any supplemental written agreement entered into by and between the town and the grantee, or of any terms and conditions or any franchise or permit issued hereunder; (2) Grantee has made a material, false statement in the application for the franchise, knowing it to be false; (3) Grantee, contrary to the best interests of public convenience and welfare, is not providing subscribers with regular, adequate and proper service, consistent with the terms of any franchise granted hereunder; (4) Grantee becomes insolvent, enters into receivership or liquidation, files for bankruptcy, or for composition of creditors, is unable or unwilling to pay a debt as they mature or is in financial difficulty of sufficient consequence so as to jeopardize the continued operation of the commercial solid waste collection service, unless the grantee is in due process of contesting such debt; (5) Grantee violates any order or ruling of any governmental body having jurisdiction over the grantee, unless the grantee is lawfully contesting the legality or applicability of such order; (6) Operation of the commercial solid waste collection services is discontinued for a period of 30 consecutive days. (b) If the town proposes to terminate for cause a franchise granted hereunder, it shall give the grantee 60 days' written notice of the intention to terminate and stipulate the cause. If, during the 60 days, the cause shall be cured to the satisfaction of the town, the town shall declare the notice to be null and void. In any event, before a franchise may be terminated, the grantee must be provided with an opportunity to be heard before the Town Board in accordance with due process procedures. If a grantee's franchise is terminated, the decision shall be subject to a judicial review as provided by law. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 15 of 27 Item 12. Continuation of service. (a) Upon expiration or termination of a franchise, the town may require the grantee to continue to provide service for a reasonable period, not to exceed three months, in order to ensure uninterrupted service to subscribers. (b) Upon expiration or termination of a franchise and for so long as the grantee continues to provide commercial solid waste collection services thereafter, the grantee shall remain subject to the provisions of the expired or terminated franchise, unless and until a new franchise is issued to such grantee. Item 13. Franchise renewal; process of succession. (a) Franchise renewals shall be in accordance with applicable law. The town and the grantee may, by mutual consent, enter into renewal negotiations at any time during the term of the franchise. (b) Upon the expiration or termination of a franchise, the Town Board may advertise and seek another grantee to provide commercial solid waste collection services within the town. The Town Board, in seeking a new grantee, shall use essentially the same methods and procedures as are required to grant the initial franchise. Item 14. Limited area franchise. (a) The town may grant a franchise to a limited area grantee to authorize such grantee to provide, or continue to provide, commercial solid waste collection services to subscribers served by the grantee's commercial solid waste collection service on the effective date of annexation. (b) Within ten days after the effective date of annexation of an area, a limited area grantee shall file with the town a map showing the locations of all subscribers within the area where the grantee was providing service on the effective date of annexation. The grantee shall also furnish such other information as is reasonably requested by the town to document the grantee's contention that service was being provided to such subscribers on the effective date of annexation. (c) A limited area grantee shall be subject to all of the provisions of this section applicable to other grantees except those specifically made not applicable to such limited area grantees. (d) Nothing in this section is intended to prevent a company providing commercial solid waste collection services to an annexed area from seeking a franchise to serve all other areas within the town. Item 15. Limited purpose franchise. (a) The town may grant a franchise to a limited purpose grantee to authorize such grantee to provide specific types of commercial solid waste collection service to specific subscribers located within the town. (b) A limited purpose grantee shall be subject to those provisions of this section except those that are patently not applicable to the circumstances of a limited purpose grantee. Item 16. Limitations of franchise. (a) In addition to the limitations otherwise appearing herein, the franchise is subject to the limitations and restrictions set forth in this section. (b) The grantee shall at all times during the life of any franchise comply with any and all ordinances that the town has adopted or shall adopt, shall be subject to all laws of the State of North Carolina and the United States. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 16 of 27 (c) Time shall be of the essence of any franchise granted hereunder. The grantee shall not be relieved of its obligations to comply promptly by the failure of the town to enforce prompt compliance. Failure of the town to enforce any breach by the grantee shall not constitute a waiver by the town. (d) Any franchise granted hereunder shall not relieve the grantee of any obligation under any preexisting agreements with the town concerning commercial solid waste collection services. Item 17. Additional town rights in franchise. (a) The town may from time to time add to, modify, or delete provisions of this section as it shall deem necessary in the exercise of its regulatory powers, so long as additional or revised provisions are reasonable and in keeping with the public interest and welfare. Such additions or revisions shall be made only after a public hearing for which the grantee shall have received at least ten days' prior written notice. (b) If the grantee fails to perform any of the services required by the franchise or any work required by town ordinance at the times established and to the satisfaction of the town, the town may cause such service to be provided or work to be done, and the grantee shall reimburse the town the costs thereof within 30 days after receipt of an itemized list of such costs. (c) The town reserves the right, during the life of any franchise granted hereunder, reasonably to inspect grantee's equipment used in the town and its operations to ensure compliance with the terms of this chapter and the franchise. (d) The town reserves the right, in the event of an emergency or disaster, to require the grantee to suspend or alter its service schedule. (e) Neither the granting of any franchise nor any governing provision of such franchise shall constitute a waiver or bar to the exercise of any governmental right of power or power of the town, including without limitation the power to provide commercial solid waste collection services. (f) The town reserves all rights not specifically granted herein, and the enumeration of the rights herein shall not be construed to be a limitation of any right or power the town may otherwise have. Item 18. Liability and indemnification. (a) The grantee shall save the town and its officials and employees harmless from all loss sustained by them on account of any suit, judgment, execution, claim or demand which they may legally be required to pay as a result of the enactment of this section and the award of a franchise hereunder, or as a result of the exercise of any franchise granted to the grantee. (b) The grantee shall save the town and its officials and employees harmless from all loss sustained by them on account of any suit, judgment, execution, claim or demand whatsoever based upon any injuries sustained arising out of the provision of commercial solid waste collection services authorized herein, whether or not any act or omission complained of is authorized, allowed or prohibited by this section or any franchise granted hereunder. (c) The grantee shall pay all expenses incurred by the town and its officials and employees defending themselves with regard to all damages and penalties mentioned in subsections (a) and (b) of this item of this section. These expenses shall include all out-of-pocket expenses, such as consultants or attorneys fees, and shall also include the reasonable value of any services rendered by the town attorney or any other employee of the town. Item 19. Insurance. (a) Concurrently with the filing of a written acceptance of any franchise issued hereunder, the grantee shall file with the town clerk and at all times thereafter maintain in full force and effect for the term of such franchise or any renewal thereof: Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 17 of 27 (1) Comprehensive general liability policy providing coverage for personal injuries and property damage. The amount of such coverage shall be provided in the franchise. The town shall be named as an additional insured on such policy. (2) Business auto liability policy providing coverage for personal injuries and property damage. The amount of coverage shall be provided in the franchise. (b) The insurance coverage necessary to comply with this section shall be approved by the town, such approval not to be unreasonably withheld or delayed, and copies of such insurance polices or certificates of insurance shall be filed with the town. Item 20. Performance security. (a) Within 30 calendar days following the award of a franchise, the grantee shall deposit with the town the performance bond, letter of credit from a financial institution, or other form of financial security approved by the town attorney and the town finance director or designated representative as to form and amount, in the amount to be specified in the franchise. The performance security shall be used to ensure the faithful performance by the grantee of all provisions of the franchise, and compliance with all orders, permits and directions of any agency commission, board, department, division or office of the town exercising jurisdiction over the grantee's acts or defaults, a payment by the grantee of any penalties, claims, liens, liquidated damages, or fees due the town. (b) If the grantee fails to pay the town any compensation, not in dispute, due the town within the time fixed herein, or fails, after 30 calendar days, to pay the town any penalties, claims, liens, liquidated damages, fees due to the town, such failure by the grantee can be remedied by demand on the performance security. Upon such request for payment, the town shall notify the grantee of the amount and date hereof. (c) The performance security shall be maintained at the amount indicated in subsection (a) of this item, during the entire term of the franchise unless modified in accordance with procedures provided for in the franchise. In the event that amounts are withdrawn against the performance security pursuant to this section, the grantee shall take any required action to restore the letter of credit to the original amount within ten business days of notification by the town of its withdrawal against the performance security. (d) The rights reserved to the town with respect to the performance security are in addition to all other rights of the town; whether reserved by the franchise, or authorized by law, and no action, proceeding, or exercise of a right with respect to such letter shall affect any other right the town may have. Item 21. Inspection of books and records. (a) The town may inspect the books, records, maps, plans and other documents, including financial documents, in the control or possession of the grantee, affiliates or any other person that constitutes an operator of the grantee's commercial solid waste collection service: (1) To enforce the town's right to evaluate compliance with the franchise and applicable law; (2) In the exercise of any lawful regulatory power; or (3) As may be convenient in connection with any proceeding, the town may or must conduct under applicable law in accordance with the terms of this franchise. The material may be duplicated at the town's facilities unless the grantee agrees to make inspection copying at some other place. Materials that the town requires the grantee to produce under this section shall be produced upon reasonable notice, no later than 30 calendar days after the request for production. Requests for extensions of time to respond shall not be unreasonably denied. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 18 of 27 (b) The grantee may request that the town treat any books, records, maps, plans and other documents of the grantee containing trade secrets or proprietary information as confidential under the North Carolina Public Records Law. To the extent authorized by such law and other applicable state and federal laws, the town shall maintain the confidentiality of the information designated proprietary by any grantee. Should the town receive a request to review the grantee's records or books under the North Carolina Public Records Law, it will promptly notify the grantee and provide an opportunity for the grantee to raise an objection, demonstrate why the requested information is proprietary and, if necessary, seek a court order to protect its proprietary information. However, any action taken by the grantee to protect its records or information shall be done at no cost or liability to the town. Item 22. Grantee report required. The grantee shall provide the following to the town: (a) Within 90 calendar days after the close of the grantee's fiscal year, a written annual report setting forth gross revenues received by the grantee from subscribers within the town during the fiscal year, certified by an official of the grantee; (b) Upon request of the town, a copy of the most recent annual report including a financial statement, of the grantee or its parent entity; (c) A copy of any notice of deficiency, forfeiture, or other document issued by any state or federal agency which has instituted any investigation or civil or criminal proceeding naming the grantee; and (d) A copy of any request for protection under bankruptcy laws, or any judgment related to a declaration of bankruptcy by the grantee, any affiliate which controls or manages the grantee. Item 23. Miscellaneous provisions. (a) If any item, sentence, clause or phrase of this section or the franchise is held invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity of this section or the franchise. However, if any such provision is determined to be invalid and a subsequent change in law renders such provision lawful, then such provision shall thereafter be fully enforceable. (b) The grantee shall not be relieved of its obligation to comply promptly with any of the provisions of the franchise by any failure of the town to enforce prompt compliance. (c) This section and any dispute arising from its adoption, or pursuant thereto shall be governed by the laws of the State of North Carolina. (d) This section shall apply to all franchises granted or renewed after the effective date of the ordinance adopting this Code. (e) This section shall not be deemed conclusive as to the terms and conditions of any franchise issued hereunder. The final terms and conditions of such franchise shall be determined by the franchise ordinance. Item 24. Penalties and remedies. (a) As provided in Item 11 of this section, violations of this section, or of a franchise, by a grantee may result in termination of the franchise. (b) A violation of any of the provisions of this chapter or a failure to abide by any of the provisions of a franchise issued pursuant to this section shall subject the offender to a civil penalty of $500.00. If a person fails to pay this penalty within ten days after being cited for a violation, the town may seek to recover the penalty by filing a civil action in the nature of debt. (c) The town may seek to enforce this section, and any franchise granted pursuant thereto, in any appropriate equitable action. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 19 of 27 (d) Each day that a violation continues after the offender has been notified of the violation shall constitute a separate offense. (e) The town may seek to enforce this section by using any one or combination of the foregoing remedies. (Prior Code, § 11-23; Ord. of 5-23-2002) Secs. 11-24, 11-25. Reserved. ARTICLE IV. ABANDONED, JUNKED MOTOR VEHICLES 3 Sec. 11-26. Removal of abandoned and junked vehicles authorized. (a) Subject to subsection (b) of this section, the town may have abandoned or junked motor vehicles within the town removed in accordance with the provisions of this article. (b) No motor vehicle classified as abandoned because it is left on private property without the consent of the owner, occupant, or lessee thereof for longer than two hours may be removed without the written request of the owner, occupant, or lessee of the premises. The town may require any person requesting the removal of such vehicle to indemnify the town against any loss, expense, or liability incurred because of the removal, storage, or sale thereof. (Prior Code, § 11-26; Ord. of 2-10-1992) Sec. 11-27. Notice required before vehicle removal. (a) Before removing a vehicle under the circumstances specified herein, the town shall attempt to notify the owner of its intent to tow such vehicle as provided in subsections (b) and (c) of this section. This pre-towing notification is required before removing a vehicle: (1) That is classified as abandoned because it is: a. Left on property owned or occupied by the town for longer than 24 hours; or b. Left on any public street or highway for longer than seven days. (2) That is classified as abandoned for any reason if such vehicle has neither a valid registration plate nor registration and the officer authorizing the vehicle to be towed has made a reasonable but unsuccessful effort, including checking the vehicle identification number, to determine the owner of such vehicle, except that notification before towing such vehicle shall not be required if the vehicle impedes the flow of traffic or otherwise jeopardizes the public welfare so that immediate towing is necessary. (b) The notice required under subsection (a) of this item shall: (1) Identify the vehicle; (2) Specify its location; (3) State why the vehicle is subject to removal; 3State law reference(s)—Removal and disposal of junked and abandoned motor vehicles, G.S. 160A-303. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 20 of 27 (4) Inform the owner that, unless the vehicle is removed by a specified date and time, which shall be at least seven days after the date the notice is mailed or posted under subsection (c) of this item, the town shall have the vehicle removed and that, in that event, all charges incident to the removal and storage of such vehicle will have to be paid before the vehicle may be reclaimed; (5) Provide the owner with the name and phone number of a representative of the town who may be contacted to discuss any matter contained in the notice. (c) The notice required in subsection (a) of this item shall be sent by mail or posted on the vehicle as follows: (1) If notice is required under subsection (a) (1) of this item the notice shall be sent by mail to the owner of the vehicle at his last known address according to information derived from the registration number or vehicle identification number. (2) If notice is required under subsection (a) (2) of this item the notice shall be posted on the vehicle's windshield or some other conspicuous place. (Prior Code, § 11-27; Ord. of 2-10-1992) Sec. 11-28. Notice required when removed; hearing. (a) Whenever any junked or abandoned motor vehicle is towed in accordance with this article, the town shall promptly give notification to the owner of the matters set forth in subsection (d) of this section, if the owner can, with reasonable diligence, be identified and contacted. (b) If the vehicle has a North Carolina registration plate or registration, notice shall be given to the owner within 24 hours. If the vehicle is not registered in this state, notice shall be given to the owner within 72 hours. This notice shall, if feasible, be given by telephone, but in any case notice shall also be mailed to the owner's address unless the owner or his agent waives this notice in writing. (c) If the vehicle has neither a valid registration plate nor registration, then a reasonable effort shall be made, including checking the vehicle identification number, to identify the owner and notify him as promptly as possible of the matters set forth in subsection (d) of this section. (d) The notice required under this section shall be sent by mail (certified receipt requested if the owner has not previously been reached by telephone) and shall: (1) Contain a description of the vehicle; (2) State why and under what authority the vehicle was removed and identify any violation with which the owner is charged; (3) Explain where the vehicle is stored and what the owner must do to obtain possession, including paying the towing fee or posting a bond for double the amount of the fee; (4) Inform the owner that he is entitled to request in writing a hearing before a magistrate to determine if probable cause existed for the towing. The notice shall further explain that if the magistrate finds probable cause did not exist, the tower's lien is extinguished and if the owner has already paid the towing fee, he will be entitled to reimbursement from the town. (Prior Code, § 11-28; Ord. of 2-10-1992) Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 21 of 27 Sec. 11-29. Use of private towing operators. The town may have vehicles removed under this article by private towing operators. Such private towing operators shall have a lien on the vehicles towed and may dispose of such vehicles in accordance to the provisions of G.S. art. 1, ch. 44A. (Prior Code, § 11-29; Ord. of 2-10-1992) Sec. 11-30. Exempted vehicles. The provisions of this article shall not apply to any vehicle in an enclosed building, enclosed meaning three solid walls, closable doors, and a roof; or any vehicle on the premises of a business enterprise being operated in a lawful place and manner if the vehicle is necessary to the operation of the enterprise; or to any vehicle in an appropriate storage place or depository maintained in a lawful place and manner by the town. (Prior Code, § 11-30; Ord. of 2-10-1992; Ord. of 7-10-2006, § 2(11-30)) Sec. 11-31. Motor vehicles dangerous or prejudicial to public health and safety. (a) Nothing contained in this article shall be construed to limit the authority of the town to effect the removal or abatement of any motor vehicle, regardless of whether it is located on private property with the consent of the owner, lessee, or occupant thereof, if the motor vehicle is found to constitute a public nuisance or a situation dangerous or prejudicial to the public health or safety in accordance with part 2 of article VI. Any vehicle exhibiting two or more of the following characteristics shall qualify as nuisances and be subject to abatement under section 11-58: (1) A breeding ground or harbor for mosquitoes or other insects, snakes, rats, or other pests; (2) A point of heavy growth of weeds or other noxious vegetation over eight inches in height; (3) A point of collection for pools or ponds of water; (4) A point of concentration of gasoline, oil or other flammable or explosive materials; or (5) So located that there is danger of the vehicle's falling or turning over; (6) A source of danger for children through entrapment in areas of confinement that cannot be opened from the inside or from exposed surfaces of metal, glass, or other materials; or (7) Used as a cover for or the location of illicit activity. (b) Any residential lot may have no more than one vehicle that exhibits one of the criteria listed in the definition of the term "junked motor vehicle" provided the vehicle doesn't otherwise violate this section. (Prior Code, § 11-31; Ord. of 02-10-1992; Ord. of 9-14-1998; Ord. of 7-10-2006, § 2(11-31)) Secs. 11-32—11-35. Reserved. PART II - CODE OF ORDINANCES Chapter 11 - SOLID WASTE AND ENVIRONMENTAL REGULATIONS ARTICLE V. CONTROL OF ILLICIT DISCHARGES INTO STORMWATER SYSTEM Hillsborough, North Carolina, Code of Ordinances Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 22 of 27 ARTICLE V. CONTROL OF ILLICIT DISCHARGES INTO STORMWATER SYSTEM 4 Sec. 11-36. Authority. The Town of Hillsborough is authorized to adopt this article pursuant to North Carolina law, including but not limited to article 14, section 5 of the Constitution of North Carolina; North Carolina General Statutes 143-214.7 and rules promulgated by the Environmental Management Commission thereunder; Session Law 2006-246; Chapter 160A, §§ 174, 185; as well as Chapter 113A, Article 4 (Sedimentation Pollution Control). (Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-37. Purpose. The purpose of this article is to protect, maintain and enhance the public health, safety, environment and general welfare by establishing minimum regulations to control the adverse effects of illicit discharges into the town's stormwater system. (Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-38. Applicability, jurisdiction and exemptions. (a) The provisions of this article shall apply to all portions of the Town of Hillsborough and its extraterritorial jurisdiction as defined in an ordinance adopted and recorded in the Orange County Register of Deeds, unless exempt pursuant to subsection (b) of this section. (b) Activities that are exempt from permit requirements of section 404 of the federal Clean Water Act as specified in 40 CFR 232 (primarily, ongoing farming and forestry activities) are exempt from the provisions of this article. (Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-39. Illicit discharges and connections. (a) Illicit discharges. No person shall cause or allow the discharge, emission, disposal, pouring, or pumping directly or indirectly to any stormwater conveyance, the waters of the state, or upon the land in a manner and amount that the substance is likely to reach a stormwater conveyance or the waters of the State, any liquid, solid, gas, or other substance, other than stormwater; provided that non-stormwater discharges associated with the following activities are allowed and provided that they do not significantly impact water quality: (1) Water line flushing; 4Editor's note(s)—Ord. No. 20111212-11.B, § 1, adopted December 12, 2011, added a new article V as set out herein and renumbered the former article V which pertained to enforcement and is now article VI, §§ 11- 56—11-62. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 23 of 27 (2) Landscape irrigation; (3) Diverted stream flows; (4) Rising ground waters; (5) Uncontaminated ground water infiltration (as defined at 40 CFR 35.2005(20)); (6) Uncontaminated pumped ground water; (7) Discharges from potable water sources; (8) Foundation drains; (9) Air conditioning condensation; (10) Irrigation water; (11) Springs; (12) Water from crawl space pumps; (13) Footing drains; (14) Lawn watering; (15) Individual residential car washing; (16) Flows from riparian habitats and wetlands; (17) De-chlorinated swimming pool discharges; (18) Street wash water; and (19) Other non-stormwater discharges for which a valid NPDES (National Pollutant Discharge Elimination System) discharge permit has been approved and issued by the State of North Carolina, and provided that any such discharges to the municipal separate storm sewer system shall be authorized by the Town of Hillsborough. Prohibited substances include but are not limited to: Oil, anti-freeze, chemicals, animal waste, paints, garbage, and litter. (b) Illicit connections. (1) Connections to a stormwater conveyance or stormwater conveyance system that allow the discharge of non-stormwater, other than the exclusions described in subsection (a) above, are unlawful. Prohibited connections include, but are not limited to: floor drains, waste water from washing machines or sanitary sewers, wash water from commercial vehicle washing or steam cleaning, and waste water from septic systems. (2) Where such connections exist in violation of this section and said connections were made prior to the adoption of this provision or any other ordinance prohibiting such connections, the property owner or the person using said connection shall remove the connection within one year following the effective date of this article. However, the one-year grace period shall not apply to connections which may result in the discharge of hazardous materials or other discharges which pose an immediate threat to health and safety, or are likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat. (3) Where it is determined that said connection: Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 24 of 27 a. May result in the discharge of hazardous materials or may pose an immediate threat to health and safety, or is likely to result in immediate injury and harm to real or personal property, natural resources, wildlife, or habitat; or b. Was made in violation of any applicable regulation or ordinance, other than this article; The stormwater administrator or their designee shall designate the time within which the connection shall be removed. In setting the time limit for compliance, the stormwater administrator or their designee shall take into consideration: 1. The quantity and complexity of the work, 2. The consequences of delay, 3. The potential harm to the environment, to the public health, and to public and private property, and 4. The cost of remedying the damage. (c) Spills. Spills or leaks of polluting substances released, discharged to, or having the potential to be released or discharged to the stormwater conveyance system, shall be contained, controlled, collected, and properly disposed of. All affected areas shall be restored to their pre-existing condition. Persons in control of the polluting substances immediately prior to their release or discharge, and persons owning the property on which the substances were released or discharged, shall immediately notify the following Town of Hillsborough staff: Stormwater administrator or their designee, fire marshal, safety officer, town engineer, public works supervisor and the Orange Rural Fire Department, of the release or discharge, as well as making any required notifications under state and federal law. Notification shall not relieve any person of any expenses related to the restoration, loss, damage, or any other liability which may be incurred as a result of said spill or leak, nor shall such notification relieve any person from other liability which may be imposed by state or other law. (d) Nuisance. Illicit discharges and illicit connections which exist within the Town of Hillsborough and its extraterritorial jurisdiction are hereby found, deemed, and declared to be dangerous or prejudiced to the public health or public safety and are found, deemed, and declared to be public nuisances. Such public nuisances shall be abated in accordance with the procedures set forth in section 11-42 (nuisance abatement) of article VI (enforcement), Part I (ordinary penalties and remedies), of this chapter. (Ord. No. 20111212-11.B, § 1, 12-12-2011) Secs. 11-40—11-55. Reserved. ARTICLE VI. ENFORCEMENT5 Part I. Ordinary Penalties and Remedies Sec. 11-56. Penalties and remedies. (a) A violation of any of the following provisions of this chapter shall constitute a misdemeanor, punishable as provided in G.S. 14-4: article II, except section 11-3 and article III, and section 11-32. 5Editor's note(s)—Formerly article V, §§ 11-36—11-42. See note at article V. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 25 of 27 (b) A violation of any of the provisions specified in subsection (a) of this section, as well as section 11-3, shall also subject the offender to a civil penalty of $25.00. If the offender fails to pay this penalty within 15 calendar days after being cited for a violation, the penalty may be recovered by the town in a civil action in the nature of debt. (c) Each day that any violation continues after a person has been notified that such violation exists and that he is subject to the penalties specified in subsections (a) and (b) of this section shall constitute a separate offense. (d) This chapter may also be enforced by any appropriate equitable action, including injunctions or orders of abatement. (e) The town may enforce this chapter by any one or any combination of the foregoing remedies. (Prior Code, § 11-36; Ord. of 2-10-1992; Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-57. Violations resulting from continuing conditions. (a) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, a written notice shall be sent to the last known address of the responsible person, specifying the nature of the violation and what must be done to correct it, requiring the responsible person to correct the violation within ten calendar days after delivery of the notice, and informing the responsible person of the possible consequences of his failure to comply. (b) Whenever a violation of this chapter results from a continuing condition rather than a discrete event, the penalties and remedies provided for in section 11-36 may not be invoked until after the ten-day correction period specified in the section has expired. (Prior Code, § 11-37; Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-58. Nuisance abatement. (a) Upon the determination that a property is a nuisance, as described earlier in section 11-31defined in this chapter, the code enforcement officer will notify the person in possession of the property and the current owner of record of his finding and a clear written description of the necessary corrective actions. This notice will be either by certified mail with a return receipt or personal delivery. If corrective action has not been taken within ten days of receipt of the notice of the nuisance by the person in possession of the property, the town will proceed with the abatement procedure in subsection (c) of this section. (b) In the case where the person in possession of the property cannot be contacted through certified mail or personal delivery, the property will be posted with a notice of nuisance. In the case of a property posting, the responsible party will have 20 days to take corrective action. Personal delivery of a written notice shall be documented through a signed acknowledgment of receipt. (c) The Town of Hillsborough will take action to abate nuisance situations through one of the following methods: (1) Arrange a written agreement with the responsible party to establish special collections at the property for a fee established by the sanitation superintendent; (2) Arrange for town staff to bring the property into compliance for a fee established by the sanitation superintendent to cover the town's expenses for labor, equipment, and disposal; or (3) Arrange for a private contractor to bring the property into compliance for a negotiated fee. (d) The responsible party and property owner will receive written notification of the correction method and cost involved five working days before corrective action is taken. Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 26 of 27 (e) Fees for special collections will be collected as stated in section 11-2021. Other abatement fees will be collected through a payment schedule or as a lien on the property, at the discretion of the town manager in consultation with the code enforcement officer, finance director, and responsible party. (Prior Code, § 11-38; Ord. No. 20111212-11.B, § 1, 12-12-2011) Part II. Extraordinary Remedies Sec. 11-59. Summary abatement of conditions dangerous or prejudicial to public health. If the Board concludes, after notice and hearing as provided in this part, that any condition or situation prohibited by this chapter or any other condition or situation is dangerous or prejudicial to the public health or safety, it may order town officials to summarily remove, abate, or remedy everything so found within the town limits. The expense of this action shall be paid by the person in default and, if not paid, shall be a lien upon the land or premises where the trouble arose and shall be collected as unpaid taxes. (Prior Code, § 11-39; Ord. of 9-14-1998; Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-60. Notice required. (a) Before the action authorized by section 11-58 59 is taken, notice shall be sent to the respondent, informing him: (1) What condition or situation is alleged to be dangerous or prejudicial to the public health or safety; (2) When and where the Board will meet to hold a hearing on the issue of whether the condition cited is dangerous or prejudicial to public health; (3) That if the Board determines that the cited condition is dangerous or prejudicial to public health or safety, it may order town officials to summarily abate, remedy, or correct the offending condition; (4) That the expense incurred by the town in connection with the actions described in subsection (a)(3) of this section, if not paid by the respondent, shall become a lien upon the land where the offending condition is located, to be collected as unpaid taxes. (b) If, after due diligence, the respondent's address cannot be determined, then the notice required by this section shall be posted conspicuously on the offending property not later than three days before the scheduled hearing. This notice shall be sent by certified mail, return receipt requested, not later than five calendar days prior to the scheduled hearing or delivered to the respondent by a town officer or employee, not later than three days prior to the scheduled hearing. (c) For purposes of this part II, the respondent is the person who is responsible for the offending condition, as well as the owner of the property where the offending condition is located, if different from the former. (Prior Code, § 11-40; Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-61. Hearing procedures. At the hearing held pursuant to this part, the town administration shall be responsible for presenting sufficient evidence to the Board to substantiate a finding that a condition exists that is dangerous or prejudicial to the public health or safety. The Board may consider all reliable evidence and need not be bound by the strict rules of evidence applicable to courts of law, but all witnesses shall be sworn. The respondent may be represented by Created: 2022-03-23 09:59:19 [EST] (Supp. No. 44) Page 27 of 27 counsel and may present evidence. All parties may cross examine adverse witnesses. At the conclusion of the hearing, the Board shall make findings of fact, state its conclusions, and enter an appropriate order. The Board's findings of fact, conclusion and order shall be reduced to writing and a copy sent by mail or delivered to the respondent within 30 days following the hearing. (Prior Code, § 11-41; Ord. No. 20111212-11.B, § 1, 12-12-2011) Sec. 11-62. Order. If the Board concludes that a situation or condition exists that is dangerous or prejudicial to the public health or safety, it may: (1) Order appropriate town officials or employees to summarily remove, abate or remedy everything so found and to assess the cost of this action against the respondent in accordance with section 11-5859; or (2) Order the respondent to correct the situation within a specified time period and order town officials to abate, correct, or remedy the offending condition if the respondent fails to act within the prescribed time limits. If town officials are required to take corrective action, the costs shall be assessed against the respondent in accordance with section 11-5859. (Prior Code, § 11-42; Ord. No. 20111212-11.B, § 1, 12-12-2011) ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Amending Chapter 11 of the Hillsborough Town Code The Hillsborough Board of Commissioners ordains: Section 1. Section 11-1 is amended to delete the term “street superintendent,” and the term “yard waste” and amend the definition of “sanitation superintendent” as follows: Sanitation superintendent means the public works manager or any other person designated by the town manager to perform the functions and exercise the responsibilities assigned by this chapter to the sanitation superintendent. Yard Waste means grass cuttings, hedge clippings, tree trimmings, leaves, branches, brush, and similar materials. Section 2. Throughout Section 11, the term “rollout cart” replaces roll-out cart, roll-out container, or other terms used to describe Section 3. Section 11-16-18 are hereby replaced with the following language: Sec. 11-16. Services Provided by the town. (a) The town establishes that the collection of solid waste materials in a timely manner is necessary to protect the public health and safety. Therefore, the town establishes the following standard of service for solid waste collection to be covered by the ad valorem taxes paid to the town: (1) weekly, curbside solid waste collection of one rollout cart of 96 gallons (2) the town provides one such cart, compatible with its equipment, to each address qualified to receive service (3) weekly, curbside collection of a second rollout cart of 96 gallons maybe included and provided if the resident purchases the second cart from the town for the fee established in the fee schedule. (b) For consistency, the town establishes that the level of service established above will be provided to the following types of locations or properties: (1) Single-family houses with frontage on public streets or with driveway access to a public street (2) Single-family houses on private streets where there is safe access to a receptacle storage area for the automated truck from a public street without unduly delaying travel on that public street. (3) Townhouses with frontage on public streets or with executed hold harmless agreements for town equipment to provide service on private streets. (4) Other attached housing arrangements with not more than five units on a single lot provided there is safe access to the receptacles for the automated truck from a public street. (5) Any accessory dwelling unit collocated with a single-family dwelling (attached or detached) is a single-family dwelling for the purposes of this section and is entitled to its own container. (6) Churches and community organizations located in residential areas that can safely and adequately be served with the standard define in paragraph a above. (c) The town establishes that the public health and safety cannot be reasonably preserved with this established level of service for businesses, offices, restaurants, hotels, industries, residential condominiums or apartment complexes as these facilities generally produce a larger volume of waste or require more frequent service due to the character of the waste generated. Additionally, the volume of recyclable material generated at these facilities benefits from the provision of bulk recycling collection services provided by Orange County. (d) The sanitation superintendent shall be empowered to determine which uses and operations are required to contract for solid waste collection. (e) The sanitation superintendent in coordination with Orange County recycling staff will determine the size of dumpsters and recycling containers needed to serve any development that does not qualify for town service. (f) The specifications of the enclosure for such containers are detailed in the Unified Development Ordinance for Hillsborough. Sec. 11-17. Receptacles generally. All locations served by the town will be provided a rollout cart for solid waste for removal by the town. The following rules and regulations shall be observed: (a) Town-provided containers must be used so that automated trucks can be utilized. Bulk items or items too large to fit in the provided container will be serviced during bulk collection or via special collection only. (b) It is the property occupant's responsibility to ensure that vehicles do not block the container and that the container is accessible to the automated truck arm. (c) The property occupant will be responsible for keeping his container in a clean and sanitary condition. (d) Each address receiving service will be provided a single container. If a resident/occupant desires an additional container for regular service, one additional container will be provided following the payment of a fee established by the fee schedule. No location will receive regular collection from more than two containers. Sec. 11-18. Storage and collection practices—Premises required to have contracted service. (a) The location of dumpsters shall be determined by the sanitation superintendent in consultation with Orange County Solid Waste staff and the owner of the premises concerned. In making this determination, the sanitation superintendent shall consider the needs of the occupants of the premises, the welfare of the occupants and neighbors, and local ordinances. (b) Dumpsters must be located on private property and serviced without interfering with traffic flow on the parcel or nearby public roads. The location must also be constructed in compliance with the Orange County Solid Waste Management Ordinance and screening requirements in the Hillsborough Unified Development Ordinance. (c) All solid wastes shall be stored in dumpsters pending collection. (d) All dumpsters shall be cleaned periodically to minimize offensive odors, and the tops or openings to all dumpsters shall be kept securely fastened at all times pending collection. (e) The premises owner or tenant shall contract for dumpster service adequate to keep the premises from becoming a nuisance. Service may only occur between 6:30 a.m. and 6:00 p.m. Monday -Saturday. Collection is not allowed on Sundays. (f) Locations required to have contracted service which have limited volume of waste may opt to contract for rollout cart service if offered by their service provider and: (1) the location is outside the Central Commercial Zoning District and (2) the location does not serve food or beverages as part of their business and (3) the location can place rollout carts in a location where they can be safely served while not unduly interfering with traffic on the adjoining public street or (4) the location has been provided a written exemption by the sanitation superintendent for the current occupant/operation (items 1-3 need not apply). Section 4. Section 11-19 is amended to replace “dumpsters” in the heading with “town,” The clause “With respect to premises not served by dumpsters:” is deleted and the sections are numbered consistent with the section. Section 5. Section 11-19.1 is amended to replace “garbage” with “solid waste.” Section 6. Section 11-19.2 is amended to insert “before 7 a.m.” after “collection” and “but no sooner than” before “4 p.m.” Section 7. Section 11-19.4 is amended to read: “The town reserves the right to refuse to collect solid waste not placed in the approved containers or containers not located in a manner accessible to the automated truck. The town may collect unapproved containers as solid waste.” Section 8. Sections 11-19.6-8 are deleted, and subsequent sections renumbered. Section 9. Section 11-19.9 is amended to refer to Section 11.21 (not 11.20). Section 10. Section 11-20, Other Regular Collection Services, is added to read as follows: (a) Yard waste/brush. The town provides weekly yard waste collection to locations receiving solid waste collection. The town may provide this service to commercial locations when the waste is not generated by commercial landscape services and otherwise meets the standards and limitations for yard waste. The standards and limitations will be established by the sanitation superintendent and published along with the collection calendar. (b) Bulk items will be collected once a month during the second full week of each month, using Sunday as the first day of the week. If the scheduled collection day falls on a town observed holiday, bulk items will be removed the following business day. Bulk items may be placed at the curbside no earlier than seven calendar days before the scheduled collection date. (c) Loose leaves will be collected by the town each fall for a period of not less than 10 weeks determined on the sanitation superintendent and published on the collection calendar. Loose leaves must be placed adjacent to the street so that they may easily be handled by the collector. No tree limbs, shrubs, or other materials may be mixed with the leaves. Outside of loose-leaf collection period, leaves may be collected with yard waste if properly bagged in biodegradable bags or otherwise required by the sanitation superintendent. Section 11. Section 11-20, Special Collections is renumbered to Section 11-21 and the fee is amended to $50. Section 12. Section 11-21, Miscellaneous, is renumbered to 11-22 and subsection a is amended to add “and posted on the town website.” after “office.” The third sentence is deleted. Section 13. Section 11-22, Limitations on solid waste materials collected by the town, is renumbered to 11-23 and the introduction is rewritten to read “The town does not provide collection of the following items due to either their degree of recyclability or hazardous nature. No person shall dispose of any of the following items in receptacles designated for town solid waste collection:” Section 14. Section 11-23. Authorization for commercial solid waste disposal and collection franchise agreements within the Town of Hillsborough is deleted. Section 15. Section 11-58.a is amended to replace “described earlier in section 11-31” with “defined in this chapter.” And Section 11-58.e is correction to refer to Section 11-21. Section 16. Section 11-60 and 11-62 are corrected to refer to Section 11-59. The reference to “this part II” is change to “this part” in Section 11-60.c. Section 17. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 18. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Utilities Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Utilities Director K. Marie Strandwitz, PE ITEM TO BE CONSIDERED Subject: Ordinance amending Town Code Section 14-48 regarding water and sewer connections Attachments: Draft Ordinance containing code and civil penalty fee schedule changes Brief summary: In February 2022 the board approved cessation of town made water and sewer connections. As the new process is underway, it is prudent to solidify a necessary one-year warranty and civil penalty for failure to gain approval for a connection prior to beginning work in the code. Action requested: Consider and adopt code changes to ensure utility contractor workmanship is warrantied and that proper authorization is gained prior to work. ISSUE OVERVIEW Background information and issue summary: As above. Financial impacts: A civil penalty of $1,000 is recommended to deter connections being made without authorization which could severely impact our existing system. Staff recommendation and comments: As above under Action requested. For clerk’s use AGENDA ITEM: 4.L Consent agenda Regular agenda Closed session ORDINANCE Amending Chapter 14, Article VI, Section 14-48, Construction of Connections and the adopted FY2022 Fees, Rates, and Charges Schedule The Hillsborough Board of Commissioners ordains: Section 1. Sections 14-48 (a)(1) and 14-48(b)(1) are hereby amended to add at the end of the first paragraphs, “Such contractor shall warranty their materials and workmanship for one year.” Section 2. Section 14-48(a)(1)(vi) shall be added to read, “Anyone caught making a connection to the water system without prior approval or notification will be charged a civil penalty in accordance with the town’s adopted fees, rates, and charges schedule and potential civil or criminal charges. Licensed utility contractors will be reported to their licensing board and may be banned from working on the town’s water system in the future.” Section 3. Section 14-48 (b)(1)(vii) is hereby added to read, “Anyone caught making a connection to the sewer system without prior approval or notification will be charged a civil penalty in accordance with the town’s adopted fees, rates, and charges schedule and potential civil or criminal charges. Licensed utility contractors will be reported to their licensing board and may be banned from working on the town’s sewer system in the future.” Section 4. There shall be established a civil penalty of $1,000 for violation of new sections 14-48(a)(1)(vi) and 14-48(b)(1)(vii) which will be reflected in the town’s adopted fees, rates, and charges schedule. Section 5. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 6. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote, and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 2 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning Public hearing: Yes Date of public hearing: April 21, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend the Unified Development Ordinance Code Enforcement Chapter Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: This item was heard at the April joint public hearing. There were no public comments on the proposed amendments. The Planning Board recommended adoption at the May meeting. Action requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background information and issue summary: Code enforcement continues to be done on a complaint based, case by case basis, depending on the violations in place. During a period in which staff saw an increase in receiving complaints staff identified a handful of procedural improvements that could be made by re-writing the Code Enforcement chapter of the UDO. There were limited questions or discussions noted on the language at the joint public hearing or the May planning board meeting. The conversations around the language mainly had to do with the need for increased code enforcement in certain areas of town. Below are the draft minutes regarding this item from the May 19, 2022 planning board meeting: Recommendations to town board of public hearing items A. Staff-generated text amendment to the Unified Development Ordinance: Section 8 — To strengthen code enforcement language Campbell summarized the staff report on Page 13 of the agenda packet. She said the text amendment had not changed since the April 21, 2022, public hearing. She reminded the board members the changes would For clerk’s use AGENDA ITEM: 4.M Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 2 of 2 strengthen the ordinance’s code enforcement language, remove criminal penalties and add civil penalties for repeat violations. When asked, Campbell confirmed the changes clarify how fines would be applied. She said the changes are in response to recent increases in code enforcement cases. There was no further discussion about this item. Motion: Chandler moved to recommend the text amendment to the town board as proposed. Member Alyse Polly seconded. Vote: 9-0. Financial impacts: None at this time. Staff recommendation and comments: Recommend approval as written. Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of planning staff to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend and re-write Section 8. Code Enforcement, to improve the procedures of code enforcement action and outline tiered civil penalties. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): Code enforcement action needs to be taken quickly with clear compliance deadlines and expectations for civil penalties if code enforcement violations are not remedied in a timely manner. Improved code enforcement improves health and public safety and these proposed changes support the Vision 2030 goal of enhancing the responsive communication between citizens and government. Adopted by the Town of Hillsborough Board of Commissioners this 13th day of June, 2022. _____________ _________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: 20220613-X.X ORDINANCE Amending the Unified Development Ordinance of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: 8. ENFORCEMENT 8.1.1 This section establishes procedures the Town may use to enforce the provisions of this Ordinance, and penalties for use in its enforcement. 8.1.2 This section applies to any matter deemed a violation of this Ordinance. Each of the following is a violation of this Ordinance and subject to the remedies and penalties provided by this section and state law. 8.2.1 Development without Permit Engaging in any development, use, construction, remodeling, or other activity of any nature regulated by this Ordinance without first obtaining all required permits, certificates or other forms of authorization required by this Ordinance. 8.2.2 Development Inconsistent with Permit Engaging in any development, use, construction, remodeling, alteration of a site or landscape features, or other activity of any nature in any way inconsistent with any approved plan, permit, certificate, or other form of authorization granted for such activity This includes non- performance of routine and regular maintenance that does not sustain an approved development to the standards set forth in the development or permit approval. 8.2.3 Violation by Act or Omission Violation by act or omission of any term, variance, modification, condition, or qualification placed by the Town Board, its agent boards or staff upon any required permit, certificate, or other form of authorization for the use, development or other activity upon land or improvements thereon. 8.2.4 Use in Violation The erection, construction, reconstruction, alteration, repair, conversion, maintenance or use of any building or structure, or the use of any land in violation or contravention of this Ordinance, or any other regulation made under this Ordinance. 8.2.5 Subdivide in Violation 8.2 VIOLATIONS 8.1 PURPOSE AND APPLICABILITY Subdivision of land in violation of this Ordinance, or transferring or selling land by reference to, exhibition of or any other use of a plat or map showing a subdivision of land before the plat or map has been approved under this Ordinance and recorded in the Orange County Register of Deeds office. The description by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring land does not exempt the transaction from violation of this Ordinance. 8.2.6 Violations of Referenced Manuals Violation of any adopted manuals, standards, or other documents for which this Ordinance requires compliance. 8.2.7 Violations of Conditions of Approval Violation of any conditions attached to a variance, Special Use Permit or other development approval authorized or required by this Ordinance. 8.2.8 Continue a Violation Continuing any of the above violations is a separate and distinct offense. Each day that a violation continues constitutes a new and separate violation. The owner, tenant, or occupant of any land or structure, or part thereof, and any architect, engineer, builder, contractor, agent, or other person who participates in, assists, directs, creates, or maintains (actively or passively) any situation contrary to the requirements of this Ordinance, may be held responsible for the violation and be subject to the penalties provided herein. 8.4.1 Inspections Staff may upon presentation of proper credentials or inspection warrant, if necessary, enter onto any public or private property or premises within the Town’s planning jurisdiction at any reasonable hour for purposes of inspection, determination of plan compliance, investigation of any complaints or violations, or other enforcement action. No person may obstruct, hamper, or interfere with staff while they carry out their duties. 8.4.2 Supporting Documentation Staff may require written statements, certificates, certifications, or the filing of reports with respect to pertinent questions relating to complaints or alleged violations. 8.4.3 Failure to Comply Staff’s failure to observe or recognize conditions that violate this Ordinance does not relieve the responsible person(s) from responsibility for the resulting conditions or damages, if any, and does not result in staff liability for such conditions or damages. 8.5.1 Enforcement Procedure 8.5 ENFORCEMENT PROCEDURE 8.3 RESPONSIBLE PERSONS 8.4 INSPECTIONS AND INVESTIGATIONS Staff, after inspecting/investigating an alleged violation and determining a violation exists, will notify the responsible person(s) of the violation. 8.5.2 Notice of Violation (a) Staff will give the responsible person(s) written notice by either certified or registered mail, first class mail, personal delivery, electronic delivery, or posting a notice conspicuously on the property, of the following: (1) that the land, building, structure, sign, or use is in violation of this Ordinance; (2) the nature of the violation including citation of the Ordinance provision or permit condition violated; (3) necessary measures required to correct the violation; (4) the date in which the violation must be corrected; (5) that penalties may be assessed, or other corrective remedies pursued; and (6) that the responsible person(s) has the right to appeal the Notice to the Board of Adjustment as specified in subsection 3.11, Appeal, of this Ordinance. (b) If the notice by first class mail is not returned within 10 days of its mailing, and the registered or certified mail is returned, refused or unclaimed, service by first class mail shall be deemed sufficient. If only the notice by first class mail is used, a notice of violation shall also be posted in a conspicuous place on the premises in violation. 8.5.3 Failure to Comply with Notice Responsible persons failing to comply with a Notice of Violation where no appeal was taken, or the Board of Adjustment’s final decision following an appeal are upheld, are subject to the remedies and penalties provided by state law and subsection 8.6, Remedies, of this Ordinance. 8.6.1 Cumulative All available remedies for violations of this Ordinance are cumulative. To the extent North Carolina law may limit the availability of a particular remedy for a certain violation, that remedy remains available for other violations or parts of the same violation. 8.6.2 Repeat Violations Responsible person(s) who repeat the same violation within a two-year period from the initial violation date will be considered in continued violation of the initial violation and subject to additional penalties and remedies. 8.6 REMEDIES 8.6.3 Referral to Town Attorney In addition to other remedies provided by law, whenever the Planning Director has reasonable cause to believe that any person is violating this Ordinance, the matter may be referred to the Town Attorney. 8.6.4 Available Remedies Any or all the following penalties and remedies may be used in enforcing this Ordinance. 8.6.4.1 Injunction or Other Relief Violations of this Ordinance or of any permit condition, order, requirement, or remedy adopted pursuant to this Ordinance may be restrained, corrected, abated, mandated, or enjoined by other appropriate proceeding pursuant to state law. Institution of an action for injunctive relief does not relieve any party to such proceedings from issuance of civil penalties. 8.6.4.2 Civil Penalties Responsible persons violating any provision of this Ordinance may be subject to the assessment of a civil penalty in accordance with subsection 8.7, Civil Penalty Assessment. 8.6.4.3 Conditional Permit or Temporary Certificate Staff may condition the authorization of any permit or certificate upon the correction of the deficiency, payment of civil penalties within a specified time, or the posting of a compliance security in an amount using the calculation method specified by paragraph 3.14.12, Authorizing Occupancy Before Completion of Development. 8.6.4.4 Stop Work Orders Whenever a building, structure, sign, or part thereof is being constructed, reconstructed, altered, or repaired in violation of this Ordinance, staff may order the work to be immediately stopped. The stop work order must be directed to the owner, occupant, or person doing the work and state the specific work to be stopped, the specific reasons for the stoppage and the conditions under which the work may be resumed. Delivery shall be by personal delivery, electronic delivery, or first-class mail. 8.6.4.5 Revocation of Permits or Certificates (a) Zoning Compliance Permits: Staff may revoke and require the return of a permit by notifying the permit holder in writing stating the reason for the revocation. Permits or certificates may be revoked for any substantial departure from the approved application, plans, or specifications, the refusal or failure to comply with the requirements of state or local laws, or false statements or misrepresentations made in securing the permit or certificate. Any permit or certificate mistakenly issued in violation of an applicable state or local law may also be revoked. (b) Special Use Permits: Before a Special Use Permit may be revoked, all the notice, hearing, and other applicable requirements of subsection 3.8, Special Use Permit, shall be complied with. The notice shall inform the permit recipient of the alleged grounds for the revocation. In hearing cases involving Special Use Permit revocation: 1. The burden of presenting evidence sufficient to authorize the Board of Adjustment to conclude that a Special Use Permit should be revoked shall be upon the party advocating that position. 2. The burden of persuasion shall also be upon that party. A motion to revoke a permit shall include, insofar as practicable, a statement of the specific reasons or findings of fact that support the motion. 8.6.4.6 Denial of Permits or Certificates Staff may deny issuance of a Zoning Compliance Permit or refuse to sign off on a Certificate of Occupancy/Compliance relative to property on which a violation exists. Additionally, staff may recommend denial of any permit, certificate or approval sought from a Town-appointed board charged with issuing permits, certificates, and approvals by this Ordinance if there are ongoing violations on the property for which such permit is sought. 8.6.4.7 Abatement (a) The Planning Director is authorized to summarily abate any violation that continues to exist after the expiration of the correction period provided in subsection 8.7, Civil Penalty Assessment. (b) The expense of the action shall be paid by the responsible person(s) in default. (c) If the expense is not paid, it is a lien on the land or premises where the abatement action occurred. The lien shall have the same priority and be collected as unpaid ad valorem taxes. (d) The expense of the action is also a lien on any other real property within the Town’s planning jurisdiction owned by the responsible person(s) in default, except for the responsible person's primary residence. This secondary lien is inferior to all prior liens and shall be collected as a money judgment. (e) The provisions of this sub-paragraph do not apply if the responsible person(s) in default can show that the violation was created solely by the actions of another. 8.6.4.8 State and Common Law Remedies In addition to other enforcement provisions contained in this subsection, the Town may exercise all enforcement powers granted to it by state law or common law. 8.6.4.9 Previous Enforcement Nothing in this Ordinance prohibits continuation of previous enforcement actions. 8.7 CIVIL PENALTY ASSESSMENT 8.7.1 Notice Civil penalties may not be assessed until the responsible person(s) alleged to be in violation has been notified in accordance with paragraph 8.5.2, Notice of Violation. If the responsible person(s) fails to take corrective action or file an appeal after receiving notice, then a civil penalty may be imposed in the form of a citation. The citation shall be served in the same manner as a notice of violation. The citation shall state the nature of the violation, the civil penalty to be imposed, and direct the responsible person(s) to pay the civil penalty within 15 days of the citation’s issuance date. 8.7.2 Continuing Violations The responsible person(s) will be guilty of an additional and separate offense, and subject to an additional civil penalty, for each day the violation remains uncorrected. 8.7.3 Penalty Amounts 8.7.3.1 Civil Penalties for Violations Excepting Stormwater Management Violations: The following table contains the schedule for civil penalty assessments that may be levied for violations of all sections of this Ordinance excepting subsection 6.20, Stormwater Management (see item 8.7.3.2, Civil Penalties for Stormwater Management Violations, below): Notice Civil Penalty Amount 1st Violation $200.00 2nd Violation $300.00 3rd Violation $400.00 4th and Subsequent Violations $500.00 8.7.3.2 Civil Penalties for Stormwater Management Violations: Civil penalties for violations of subsection 6.20, Stormwater Management, are set by NCGS 143- 215.6A. The statutory civil penalty limit is $25,000.00 per violation and, for continuous violations, $25,000.00 per violation per day. 8.7.4 Demand for Payment 8.7.4.1 Notice Staff will determine the civil penalty amount to be assessed and make written demand for payment upon the responsible person(s). The demand must include a description of the violation. Separate notices must be provided for the first, second, third and fourth violation. Penalties may be assessed and accrue daily, without further notice to the responsible person(s) after the fourth notice is sent. 8.7.4.2 Referral to Town Attorney If payment is not received within 30 days after written demand for payment is made, the Planning Director may refer the matter to the Town Attorney who is authorized to institute a civil action in the name of the Town in the appropriate division of the General Court of Justice for recovery of the penalty. 8.7.4.3 Adjustment Staff may reduce the assessed penalties based on criteria set forth in 8.7.4.5. Modification of penalties is at the sole discretion of the Planning Director. 8.7.4.4 Nonpayment If payment is not received or equitable settlement reached within 30 days after demand for payment is made, the matter shall be referred to the Town Attorney to institute a civil action for recovery of the penalty. 8.7.4.5 Factors to Consider in Assessing Penalties Civil penalties shall be assessed where new and continuing violations of this ordinance exist. Adjustments may be granted when requested in writing by the responsible person(s) outlining the justifications of such adjustments. Situations involving adjustments may include performance-based progress made on violations. No adjustments shall be issued for a lack of timely action by responsible person(s). The existing subsection number for subsection 8.9 (Prevention of Demolition by Neglect), changes to 8.8. No changes are being proposed to the subsection on demolition by neglect. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Public Space Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Stephanie Trueblood, Public Space Manager ITEM TO BE CONSIDERED Subject: National Pollinator Week 2022 Proclamation Attachments: National Pollinator Week 2022 Proclamation Brief summary: Each year the Town of Hillsborough celebrates National Pollinator Week to honor and raise awareness about the essential role pollinators play in the ecosystem. Hillsborough is an affiliate of Bee City USA and works throughout the year in a continued partnership between Hillsborough Tree Board and Hillsborough Garden Club to promote the protection and improved habitat and food sources for pollinators. Action requested: Approve National Pollinator Week Proclamation. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: N/A Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 4.N Consent agenda Regular agenda Closed session PROCLAMATION Observance of National Pollinator Week June 20-26, 2022 WHEREAS, pollinator species such as birds, bees, butterflies and other insects are essential partners in producing much of our food supply; and WHEREAS, pollination plays a vital role in the health of our national forests and grasslands, which provide forage, fish and wildlife, timber, water, mineral resources, and recreational opportunities as well as enhanced economic development opportunities for communities; and WHEREAS, pollinator species provide significant environmental benefits that are necessary for maintaining healthy, diverse urban and suburban ecosystems; and WHEREAS, pollination plays a vital role for the trees and plants of our community, enhancing our quality of life, and creating recreational and economic development opportunities; and WHEREAS, for years the Town of Hillsborough has managed urban landscapes and public lands that include many municipal parks and greenways, as well as wildlife habitats; and WHEREAS, the Town of Hillsborough provides recommendations to developers and residents regarding landscaping to promote wise conservation stewardship, including the protection of pollinators and maintenance of their habitats in urban and suburban environments; and WHEREAS, the Town of Hillsborough is a proud affiliate of Bee City USA®; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim the week of June 20 through 26, 2022 as our municipality’s National Pollinator Week in the Town of Hillsborough and urge all citizens to recognize this observance. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 13th day of June in the year 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Governing Body Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Commissioner Matt Hughes ITEM TO BE CONSIDERED Subject: Proclamation Commemorating Juneteenth Independence Day Attachments: Proclamation Brief summary: Juneteenth, also known as Freedom Day, Jubilee Day, Liberation Day, and Emancipation Day – is a holiday celebrating the emancipation of those who had been enslaved in the United States. The Emancipation Proclamation was issued on Jan. 1, 1863, which had established that all enslaved people “shall be then, thenceforward, and forever free.” Unfortunately, the Emancipation Proclamation didn’t instantly free all enslaved people, including in Union states until abolition passed as a constitutional amendment. In Texas, slavery continued until federal troops arrived in Galveston, Texas in 1865, two years after the Emancipation Proclamation was issued, and announced all enslaved people were to be freed. Action requested: Approve proclamation recognizing Juneteenth Independence Day as an important date in American history. ISSUE OVERVIEW Background information and issue summary: Juneteenth honors the end to slavery in the United States and is considered the longest-running African American holiday. The Board of Commissioners passed a resolution in June 2020 designating Juneteenth as an official holiday in the Town of Hillsborough to provide residents and employees of the town an opportunity to reflect on the impact of slavery and remember those who were enslaved here and their profound contributions to our community. Financial impacts: None. Staff recommendation and comments: None. For clerk’s use AGENDA ITEM: 4.O Consent agenda Regular agenda Closed session PROCLAMATION Commemorating Juneteenth Independence Day WHEREAS, news of the end of slavery did not reach frontier areas of the United States, in particular the state of Texas and other Southwestern states, until months after the conclusion of the Civil War and more than 2½ years after President Abraham Lincoln issued the Emancipation Proclamation on Jan. 1, 1863; and WHEREAS, isolated from both Union and Confederate forces during the Civil War, Texas had become a refuge for those who wished to continue the practice of holding human beings as property; and WHEREAS, although the Emancipation Proclamation was issued on Jan. 1, 1863, 250,000 people still were held as human chattel in Texas when U.S. Army Major General Gordon Granger arrived in Galveston, Texas, and announced the Civil War had ended and enslaved people were free; and WHEREAS, the following is the text of the official recorded version of the order: “The people of Texas are informed that, in accordance with a proclamation from the Executive of the United States, all slaves are free. This involves an absolute equality of personal rights and rights of property between former masters and slaves, and the connection heretofore existing between them becomes that between employer and hired labor. The freedmen are advised to remain quietly at their present homes and work for wages. They are informed that they will not be allowed to collect at military posts and that they will not be supported in idleness either there or elsewhere”; and WHEREAS, African Americans who had been slaves in the Southwest celebrated June 19, commonly known as ‘‘Juneteenth Independence Day,’’ as inspiration and encouragement for future generations; and WHEREAS, Texas became the first state to make Juneteenth a state holiday and, by June 2020, 47 states and the District of Columbia have established full or partial recognition of the holiday; and WHEREAS, Juneteenth is the oldest nationally celebrated commemoration of the ending of slavery in the United States and celebrations have been held to honor African American freedom; and WHEREAS, the U.S. Census discloses that the population of North Carolina in 1860 was 992,622, of which 331,059 were enslaved, including 5,108 slaves living in Orange County on plantations such as the Cameron Plantation in Hillsborough; and WHEREAS, the United States Congress passed and President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021 to designate Juneteenth as a nationally recognized federal holiday; and WHEREAS, Juneteenth has been declared a paid holiday by the governing bodies of Orange County, the Town of Chapel Hill, the Town of Carrboro, the Town of Hillsborough, the Orange County School District and the Chapel Hill-Carrboro City School District; and WHEREAS, slavery was not officially abolished until ratification of the Thirteenth Amendment to the United States Constitution by the required 27 of the then 36 states on Dec. 6, 1865, and the abolishment of slavery and involuntary servitude, except as punishment for a crime, was proclaimed on Dec. 18, 1865; and WHEREAS, the Town of Hillsborough recognizes that while the Emancipation Proclamation and the Thirteenth Amendment may have officially ended the legal practice of enslaving human beings in the United States of America, 156 years later, there is still progress which must be made to dismantle the insidious systems and practices of white supremacy and systemic racism, the foundations of which were laid by the enslavement of Black people; NOW, THEREFORE, I, Jenn Weaver, mayor of the Town of Hillsborough, do hereby proclaim that Hillsborough honors the perseverance and hope that inspired African Americans to celebrate freedom, to look for lost relatives, and to thrive in a hostile and white supremacist environment and that Hillsborough recognizes Juneteenth as an important date in American history. IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of the Town of Hillsborough to be affixed this 13th day of June in the year 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Finance Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Town Manager Eric Peterson ITEM TO BE CONSIDERED Subject: Resolution appointing town manager as finance officer and designating bank depository signatories Attachments: Resolution Brief summary: North Carolina General Statute 159-24 states that each local government and public authority shall appoint a finance officer. North Carolina General Statute 159-25(b) states all checks or drafts on an official depository shall be signed by the finance officer and countersigned by another official of the local government or public authority. Action requested: Adopt the attached resolution appointing the town manager as finance officer and designating assistant town manager as secondary signatory on town depositories. ISSUE OVERVIEW Background information and issue summary: This resolution is to officially appoint Eric Peterson as finance officer and designate secondary signatory on official depositories as required by N.C. General Statutes. Financial impacts: N/A Staff recommendation and comments: Adopt resolution as presented. For clerk’s use AGENDA ITEM: 4.P Consent agenda Regular agenda Closed session RESOLUTION Appointing Town Manager as Finance Officer and Designating Bank Depository Signatories WHEREAS, North Carolina General Statute 159-24 states each local government and public authority shall appoint a finance officer; and WHEREAS, the finance officer is responsible for providing financial safeguards and ensuring that all duties of the finance office are adequately and efficiently covered; and WHEREAS, Town Manager Eric Peterson is qualified to serve in the position of finance officer; and WHEREAS, internal controls are an integral part of the organization and this appointment will improve the segregation of duties; and WHEREAS, having a finance officer will help ensure that all duties of the Hillsborough Financial Services Department are adequately and effectively covered; and WHEREAS, North Carolina General Statute 159-25(b) states all checks or drafts on an official depository shall be signed by the finance officer and countersigned by another official of the local government or public authority; and WHEREAS, Eric Peterson, in his capacity as finance officer, shall sign all checks or drafts on town depositories; and the mayor shall countersign all checks and drafts; and WHEREAS, Assistant Town Manager Margaret Hauth shall serve as secondary signatory to countersign all checks and drafts on town depositories; NOW, THEREFORE, be it resolved the Hillsborough Board of Commissioners hereby appoints Town Manager Eric Peterson as finance officer. BE IT FURTHER RESOLVED, the Hillsborough Board of Commissioners hereby designates Assistant Town Manager Margaret Hauth as secondary signatory on town depositories. Approved this 13th day of June in the year 2022. Jenn Weaver, Mayor Town of Hillsborough AGENDA ABSTRACT | 1 of 4 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning Public hearing: Yes Date of public hearing: April 21, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend the UDO to allow the use gallery/museum in the Agricultural Residential zoning district Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: This item was heard at the April joint public hearing. There were no public comments on the proposed amendments other those expressed by the amendment applicant. The Planning Board recommended adoption at the May meeting. Action requested: Consider whether or not to adopt the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the Unified Development Ordinance. ISSUE OVERVIEW Background information and issue summary: The planning and economic development division received a request from an applicant to locate a gallery/museum in the first floor of their home in the foyer, living room, dining room area for the purposes of generating income at the property to maintain the historic home. The applicant indicates that they plan to also host small events, corporate lunches, and baby showers with prepared foods as an accessory use. The layout of the home, due to its prior historic nature of containing open entertaining spaces, does lend itself to the proposed use, however the zoning district the home is located in is AR (Agricultural Residential) does not allow the land use of ‘gallery/museum’ as a permitted use. The use as described would not qualify as a ‘Home Occupation’ under the UDO because it does not meet the follow provisions as a home occupation with regular open hours to the general public: 5.2.18.1.h Home occupations shall not result in regular and on-going business-related vehicular traffic to the home where located. For clerk’s use AGENDA ITEM: 5.A Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 2 of 4 5.2.18.3 The following uses are not permitted as home occupations in residential zoning districts except as a legal non-conforming use: 5.2.18.3.d Any use that will routinely generate five or more customers within one hour or more than 10 customers in one day. The definition of Gallery and Museum in the UDO is as follows: Gallery- A facility open to the public for the display and sale of physical art (such as paintings, sculptures, pottery and jewelry). Museum- A building serving as a repository for a collection of natural, scientific, historical, or literary curiosities or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge, and which may include as an accessory use the limited retail sale of goods, services, or products such as prepared food are served to the public. For the purposes of the Permitted Use Table the two uses are combined into Gallery/Museum. The most closely associated land use is that is permitted in AR is Park, Cultural or Natural. A land use example would be the Hillsborough Visitors Center, the Burwell School Historic Site, or Ayr Mount. The definition of Park, Cultural is as follows: Park, Cultural- A site containing public or non-profit recreation facilities of a cultural nature for use by the general public. These include but are not limited to historic sites/structures/areas, concert sites, museum site, and other facilities providing cultural, educational, or interpretive services of a historic, natural, or aesthetic resource. Below are the draft minutes regarding this item from the May 19, 2022 planning board meeting: Recommendations to town board of public hearing items A. Applicant-generated text amendment to the Unified Development Ordinance: Section 5.1.7 — To allow “Gallery/Museum” as a permitted use in the Agricultural/Residential zoning district Campbell summarized the staff report. She reminded the board members that “Gallery/Museum” currently is not a permitted use in the Agricultural/Residential zoning district. Campbell summarized the staff report on Page 24 of the agenda packet. She said the applicant-generated text amendment would add “Gallery/Museum” as a permitted use in the Agricultural/Residential zoning district. Campbell outlined the applicant’s business limitations in the Agricultural/Residential zoning district. She noted the most closely associated permitted land use in the Agricultural/Residential zoning district is “Park, Cultural or Natural,” examples of which include the Hillsborough Visitors Center, the Burwell School Historic Site and Ayr Mount. When asked, Campbell clarified that a park or cultural resource must be a non-profit or publicly held to qualify as a “Park, Cultural or Natural” land use based on the definition. Campbell clarified the Hillsborough Historic District Commission regulates architectural changes, not land use. Salvi said the town’s zoning categories are messy and need revising. She had no problems with the applicant’s desire for a gallery/museum, but said she felt uncomfortable changing the Agricultural/Residential zoning district without a broader plan to address the town’s zoning ordinance. AGENDA ABSTRACT | 3 of 4 Johnston noted changing the Agricultural/Residential zoning district would affect all land zoned Agricultural/Residential. Campbell agreed with Salvi that the town’s zoning ordinance needs addressing, noting it is an old ordinance that has been updated many times over the years. She said she expects to request budget to address a UDO re- write in the future, and she expects the Comprehensive Sustainability Plan to recommend updating the town’s zoning as well to be more sustainable. Member Frank Casadonte agreed the town’s zoning needs work, but he said zoning cannot be static. Scott noted some uses are permitted by a special use permit. He asked if the board could recommend allowing “Gallery/Museum” as a special use on a case-by-case basis. Campbell confirmed that is one option. Campbell confirmed the special use permit would stay with the land even if the property was sold. Salvi noted the applicant reported her neighbors are not against the change. Salvi said she would like to see the neighbors’ support in writing. Regardless of the neighbors’ support in this case, Johnston noted the larger question is whether “Gallery/Museum” is an appropriate use in Agricultural/Residential zoning districts. When asked, Campbell described the amount of Agricultural/Residential land in town. Polly noted there is a fair amount of Agricultural/Residential land. Campbell said much of the land is concentrated. Applicant Laura Kilgore answered additional questions on the request. Salvi asked if Kilgore could make the gallery/museum a non-profit to qualify for the “Park, Cultural or Natural” land use currently allowed in the Agricultural/Residential zoning district. Kilgore said she would need a for- profit aspect to her business. Salvi reiterated she was not comfortable changing the zoning district. Polly noted the “Gallery/Museum” land use seems less intense than some of the uses already allowed in the Agricultural/Residential zoning district. She said she felt comfortable allowing the change. The board members discussed whether to recommend adding “Gallery/Museum” as a special use or as a use allowed by right. Scott said he did not think a special use permit should be needed, agreeing with Polly and Kilgore that “Gallery/Museum” is a less intense use than some uses allowed by right. Casadonte agreed. When asked, Campbell said the applicant’s other option is to apply for rezoning her property. She said it was not clear that there was another zoning district that would be more appropriate. Member Scott Taylor said he felt comfortable allowing “Gallery/Museum” by right or as a special use. When asked, Kilgore confirmed she recently had two buildings from the Daniel Boone property relocated to her property, noting one structure originally belonged to the house. When asked, Campbell confirmed neighbors do not receive notifications regarding text amendments. Kilgore reiterated her neighbors know about her application and support it. There was no further discussion regarding this item. AGENDA ABSTRACT | 4 of 4 Motion: Schultz moved to recommend the text amendment to the town board as proposed. Casadonte seconded. Vote: 9-0. Financial impacts: None. Staff recommendation and comments: None. Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of applicant Laurel Kilgore to amend the Town of Hillsborough Unified Development Ordinance as follows: Amend the Table of Permitted Uses to allow the use ‘gallery/museum’ as permitted by right in the Agricultural Residential (AR) zoning district. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The proposed text amendment seeks to allow a use that encourages sustaining existing historic structures and land, preventing premature development, providing outreach to desirable business opportunities in the zoning district consistent with Town Vision 2030 and Future Land Use plans. Adopted by the Town of Hillsborough Board of Commissioners this 13th day of June, 2022. _____________ _________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: 20220613-X.X ORDINANCE Amending the Unified Development Ordinance of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: The Table of Permitted Uses of the Unified Development Ordinance of the Town of Hillsborough allows the use ‘Gallery/Museum’ by right in the Agricultural Residential zoning district. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT| 1 of 3 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning Public hearing: Yes Date of public hearing: April 21, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend the Zoning Map and Future Land Use plan for the CASA at Collins Ridge project Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: This request is to rezone 4.38 acres from HIC (High Intensity Commercial) and RSU (Residential Special Use) to MF (Multi-Family) and update the Future Land Use Plan for this parcel from Retail Services to Mixed Residential Neighborhood to accommodate the new CASA location within the Collins Ridge development. This item was heard at the April joint public hearing. There were no public comments on the proposed amendments. The Planning Board recommended adoption at the May meeting 8-1. Action requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the official zoning map and future land use map. ISSUE OVERVIEW Background information and issue summary: The original Collins Ridge development outlined an area for the CASA affordable housing portion of the project that ended up not being workable for several reasons. In October 2021 the applicant with CASA asked the town board to modify a condition of the Special Use Permit to allow the CASA project to be shifted to the former Daniel Boone parcel in order to give enough developable land to the project that was still adjacent and connected to the original Collins Ridge development. This rezoning and future land use plan amendment request aligns the future proposed use of the land with the correct zoning and future land use designation. For clerk’s use AGENDA ITEM: 5.B Consent agenda Regular agenda Closed session AGENDA ABSTRACT| 2 of 3 ZONING: RSU PIN: 9874104407 ZONING: HIC PIN: 9874003410 Zoning Map: Future Land Use Map: FLUP: Mixed Res. Neighborhood PIN: 9874104407 FLUP: Retail Services PIN: 9874003410 Proposed CASA Parcel area: AGENDA ABSTRACT| 3 of 3 Below are the draft minutes regarding this item from the May 19, 2022 planning board meeting: Recommendations to town board of public hearing items A. General Use Rezoning and Future Land Use Plan amendment: 379 Ja Max Drive — To rezone CASA at Collins Ridge from High Intensity Commercial and Residential Special Use to Multi-Family Campbell summarized the staff report on Page 36 of the agenda packet. She said the request would rezone 4.38 acres from High Intensity Commercial and Residential Special Use to Multi-Family. She said the rezoning is necessary to accommodate relocating the required CASA affordable housing section of the Collins Ridge development. Jonathan Cooper of developer D.R. Horton explained why the affordable housing portion of the project needed to be moved, resulting in the rezoning. He explained why CASA’s funding requirements made the originally approved land unworkable. When asked, he confirmed CASA’s housing model requires building all affordable housing units in a single group or pod. Cooper confirmed the affordable housing units are required to be contiguous with the rest of the Collins Ridge development. The board members discussed the reasons the affordable housing had to be moved. When asked, Cooper explained the affordable housing funding requirements contain land restrictions to protect residents from being placed in undesirable or unsafe locations. He summarized the events leading to the rezoning request. Cooper said the new location is probably the best location that meets the requirements for approval. When asked, Campbell displayed a map of the development and pointed out the new location. Brad Rhinehalt of McAdams Engineering described the road network in and around the development, noting the new site is within walking distance to a grocery store. Campbell confirmed the site is behind Food Lion, noting the area currently is wooded. When asked, Cooper agreed to remain after the meeting to discuss affordable housing development with Salvi, who stated that she disapproves of the outcome and relocation. Taylor said he understands Salvi’s discomfort with the affordable housing’s segregated location, and Chandler agreed. Taylor added the town ultimately would benefit from having more affordable housing units. There were no further questions or comments regarding this item. Motion: Salvi moved to recommend approving the rezoning to the town board as proposed. Taylor seconded. Vote: 8-1. Nays: Chandler. Financial impacts: None. Staff recommendation and comments: None. Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of DBC54 LLC & SFTEN LLC, subsidiaries of DR Horton to amend the Town of Hillsborough Official Zoning Map and Future Land Use Map as follows: Rezone 4.38 acres (a portion of PIN(s) 9874003410 and 9874104407) from HIC (High Intensity Commercial) and RSU (Residential Special Use) to MF (Multi-Family). Update the Future Land Use Plan for this parcel from Retail Services to Mixed Residential Neighborhood. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The rezoning is consistent with the approved residential zoning and use of the adjacent parcel and Collins Ridge development. The future land use is consistent with the adjacent parcel already designated as Mixed Residential Neighborhood. Adopted by the Town of Hillsborough Board of Commissioners this 13th day of June, 2022. _____________ _________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: 20220613-X.X ORDINANCE Amending the Zoning Map and Future Land Use Plan Map of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: Section 1. An application has been made for the zoning map and future land use plan amendment of the property herein. Section 2. The application has been referred to the Town Planning Board for its recommendation and the Planning Board has provided the Town board with a written recommendation addressing the consistency of the proposed rezoning and future land use plan map amendment with the town’s comprehensive plan and such other matters as the Planning Board deemed appropriate. Section 3. The Town Board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the Town’s comprehensive plan and explaining why the action contemplated by the Town Board as reflected herein in reasonable and in the public interest. Section 4. The Official Zoning Map of the Town of Hillsborough is hereby amended to rezone 4.38 acres from High Intensity Commercial (HIC) and Residential Special Use (RSU) to Multi-Family (MF) (OC PIN(s) 9874003410 and 9874104407). The Future Land Use Map is hereby amended to change this area noted as Retail Services to Mixed Residential Neighborhood. Section 5. The legal description of this parcel area is as follows: BEING A PORTION OF THE DANIEL BOONE RECREATION PARK AND CAMPGROUNDS AS SHOWN ON PLAT BOOK 22, PAGE 170 OF THE ORANGE COUNTY REGISTRY; ALSO A PORTION OF THE ELIZABETH COLLINS HEIRS PROPERTY AS SHOWN ON PLAT BOOK 115, PAGE 129 OF THE ORANGE COUNTY REGISTRY. BEING MORE PARTICULARLY DESCRIBED AS: COMMENCING AT AN IRON PIPE AT THE SOUTHWEST CORNER OF THE LOT SHOWN ON PLAT BOOK 36, PAGE 52 OF THE ORANGE COUNTY REGISTRY; THENCE WITH THE SOUTH LINE OF SAID LOT SOUTH 86°45'57" EAST A DISTANCE OF 455.01 FEET TO AN IRON PIPE, THE SOUTHEAST CORNER OF SAID LOT; THENCE SOUTH 86°45'57" EAST A DISTANCE OF 59.79 FEET TO AN IRON PIPE; THENCE SOUTH 86°48'46" EAST A DISTANCE OF 444.38 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 86°48'46" EAST A DISTANCE OF 367.13 FEET TO AN IRON PIPE IN OLD CHAPEL HILL ROAD, AS SHOWN ON PLAT BOOK 22, PAGE 170, BEING ALSO THE WEST LINE OF ELIZABETH COLLINS HEIRS, AS SHOWN ON PLAT BOOK 115, PAGE 129; THENCE WITH SAID WEST LINE SOUTH 07°22'14" EAST A DISTANCE OF 229.47 FEET TO AN IRON PIPE; THENCE SOUTH 07°22'14" EAST A DISTANCE OF 31.54 FEET TO A POINT; THENCE NORTH 88°50'46" EAST A DISTANCE OF 166.62 FEET TO A POINT; THENCE WITH A CURVE TO THE RIGHT A RADIUS OF 500.00 FEET, AN ARC LENGTH OF 42.60 FEET, A CHORD BEARING OF SOUTH 04°50'17" EAST, A CHORD LENGTH OF 42.59 FEET TO A POINT; THENCE SOUTH 88°50'46" WEST A DISTANCE OF 171.64 FEET TO A POINT; THENCE SOUTH 10°16'03" WEST A DISTANCE OF 169.74 FEET TO A POINT; THENCE SOUTH 52°10'01" WEST A DISTANCE OF 18.10 FEET TO A POINT; THENCE NORTH 90°00'00" WEST A DISTANCE OF 169.02 FEET TO A POINT; THENCE NORTH 82°36'38" WEST A DISTANCE OF 176.90 FEET TO A POINT; THENCE NORTH 01°09'14" WEST A DISTANCE OF 477.27 FEET TO THE POINT OF BEGINNING; CONTAINING 190,701 SQUARE FEET OR 4.38 ACRES. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT| 1 of 4 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning Public hearing: Yes Date of public hearing: April 21, 2022 PRESENTER/INFORMATION CONTACT Shannan Campbell, Planning & Economic Development Manager ITEM TO BE CONSIDERED Subject: Consistency statement and ordinance to amend the Zoning Map and Future Land Use plan for 1700 N.C. 86 South Attachments: 1. Draft consistency statement 2. Draft amending ordinance Brief summary: This request is to rezone approximately 15.38 acres PIN 9874429362 at 1700 N.C. 86 South from Limited Office (LO) to Multi-family (MF) and to update the Future Land Use Map from Retail Services to Mixed Residential Neighborhood. This item was heard at the April joint public hearing. There were no public comments on the proposed amendments. The Planning Board recommended adoption at the May meeting 8-1. Action requested: Consider adopting the consistency statement that the amendment IS consistent with the Comprehensive Plan and adopt the ordinance amending the official zoning map and future land use map. ISSUE OVERVIEW Background information and issue summary: None. This is a request for a general use rezoning of a vacant parcel that is already within the town’s jurisdiction. A map of the current zoning and surrounding zoning districts is attached on the following page with the subject parcel outlined in blue. For clerk’s use AGENDA ITEM: 5.C Consent agenda Regular agenda Closed session AGENDA ABSTRACT| 2 of 4 AGENDA ABSTRACT| 3 of 4 Below are the draft minutes regarding this item from the May 19, 2022 Planning Board meeting: Recommendations to town board of public hearing items B. General Use Rezoning and Future Land Use Plan amendment: 1700 N.C. 86 South — To rezone the Owl’s Wood Development from Limited Office to Multi-Family Campbell summarized the staff report, noting the parcel’s size and location. She noted the property currently is zoned Limited Office and the requested zoning is Multi-Family. Campbell noted this is a General Use Rezoning process and said if the rezoning is approved, any use allowed by right in the Multi-Family zoning district would be approved. She indicated that both the allowed uses for LO and MF were in the packet. Salvi noted the town has limited water and sewer capacity. Campbell confirmed the project falls within the town’s southern basin, which has water and sewer capacity remaining. Campbell distributed copies of water and sewer projections for the project, noting the board members should be aware of how the project might impact the town’s water and sewer capacity, however this board is specifically focused on land use and planning issues. Chandler said the land around the parcel could be further developed in the future. Campbell agreed and described the land uses around the parcel, which she said are varied. Salvi said she thought the rezoning request was premature, saying the applicants do not know what they want to do on the site. Scott noted the applicant does not have to submit plans under a general use rezoning process, and Campbell confirmed the applicant is not allowed to submit plans because the plans are not legally binding. Applicant Brian Wise of Fall Line Development briefly summarized his multi-family residential development plans. He noted the topographical challenges that have made the property unattractive to commercial developers for the past 20 years. When asked, Campbell displayed an aerial picture of the property. The board members discussed the property’s stream buffer and the northwestern corner, where Campbell said the town has discussed exploring a roundabout. Taylor said he supports the rezoning, noting that developed land brings in tax revenue while vacant land does not. He said more multi-family residential housing could help lower-income workers live closer to jobs in town. Salvi said affordable housing units are not guaranteed. Wise said the development would be market-rate units, but added he is willing to include some affordable housing units. When asked, Campbell described the property’s current Limited Office zoning district. She said this parcel might be the only land still zoned Limited Office. She indicated that it is not a widely used zoning district. Salvi expressed concern about building multi-family housing at a busy intersection, noting it might not be a good place for children to play outside. Polly said she was leaning toward supporting the rezoning because of the need for more housing in the area and the lack of interest in commercially developing the property. She said the Limited Office zoning district seems like a leftover zoning district. She said she did not think a multi-family development would stand out in the area given the varied uses around the property. Polly said she felt it would be appropriate to rezone the land to Multi-Family. AGENDA ABSTRACT| 4 of 4 Schultz agreed with Salvi that the parcel might be a busy location for children. When asked, Campbell confirmed the developer would be required to build sidewalks when the project came in for site plan review down the line. The board members discussed the project’s potential impact on the town’s remaining water and sewer capacity. Casadonte noted the Planning Board does not allocate water and sewer capacity. Scott and Casadonte agreed it would be up to the developer to obtain the appropriate water and sewer allocation before building. Salvi said the potential for a roundabout near the property made her worry more about busy traffic in the area. Campbell and Casadonte said a roundabout would help calm traffic. Scott noted any turn lanes or driveways into the property would need approval from the North Carolina Department of Transportation. Campbell said such details are hammered out during the site plan process. She said tonight’s decision is about whether the Multi-Family zoning district is an appropriate zoning district for this property. Salvi noted paying for water and sewer system upgrades might require the town to issue a municipal bond in the future. Chandler expressed concern about the remaining water and sewer capacity, noting the Planning Board already had approved reducing the amount of space between houses and allowing up to 20 units in a multi-family development. Board member Sherra Lawrence said she was concerned the conversation was moving toward stopping all development in town. Campbell said that would require a legal moratorium on development, adding the town is not there yet and there is a legal process that would need to be pursued to do that. Campbell said utilizes director Marie Strandwitz could give the board members more information on the town’s remaining water and sewer capacity. Campbell confirmed the town still has remaining water and sewer capacity to allocate on a first-come, first-served basis. She said tonight’s decision is whether a multi-family zoning district is an appropriate land use for the property. Chandler said apartments on this property might be more appropriate than office buildings, given that a senior apartment complex is on the adjoining property. There was no further discussion about this item. Motion: Casadonte moved to recommend approving the rezoning to the town board as proposed. Schultz seconded. Vote: 8-1. Nays: Salvi. Financial impacts: None. Staff recommendation and comments: None. Town Board’s Statement per N.C. Gen. Stat. 160D-605 The Town of Hillsborough Town Board has received and reviewed the application of Fall Line Development, Inc c/o Brian Wise on behalf of Owl’s Wood Development LLC to amend the Town of Hillsborough Official Zoning Map and Future Land Use Map as follows: Rezone 15.38+/- acres PIN 9874429362 at 1700 NC 86S from Limited Office (LO) to Multi- family (MF). Update the Future Land Use Map from Retail Services to Mixed Residential Neighborhood. The Hillsborough Town Board has determined that the proposed action is consistent with the Town of Hillsborough’s comprehensive plan and the Town Board’s proposed action on the amendment is reasonable and in the public interest for the following reason(s): The rezoning is consistent with the Vision 2030 plan as it provides increased and diverse housing options and supports future connectivity and connectedness in this area of town. Adopted by the Town of Hillsborough Board of Commissioners this 13th day of June, 2022. _____________ _________ Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: 20220613-X.X ORDINANCE Amending the Zoning Map and Future Land Use Plan Map of the Town of Hillsborough The Hillsborough Board of Commissioners ordains: Section 1. An application has been made for the zoning map and future land use plan amendment of the property herein. Section 2. The application has been referred to the town Planning Board for its recommendation and the Planning Board has provided the town board with a written recommendation addressing the consistency of the proposed rezoning and future land use plan map amendment with the town’s comprehensive plan and such other matters as the Planning Board deemed appropriate. Section 3. The town board has, prior to acting on the application, adopted a statement describing the consistency of the proposed rezoning with the town’s comprehensive plan and explaining why the action contemplated by the town board as reflected herein in reasonable and in the public interest. Section 4. The Official Zoning Map of the Town of Hillsborough is hereby amended to rezone 15.38+/- acres PIN 9874429362 at 1700 NC 86S from Limited Office (LO) to Multi-family (MF). The Future Land Use Map is amended from Retail Services to Mixed Residential Neighborhood. Section 5. The legal description of this parcel area is as follows: BEING all of that tract or parcel of land labeled as LOT C Remainder consisting of 15.38 acres, more or less, as shown on that certain plat recorded in Plat Book 106, Page 28, Orange County Registry, which is also know as Orange County POIN 9874429362. The above-described property is also described as: BEING all of that certain tract of parcel of land known as Lot C according to plat of survey titled “PROPERTY SURVEYED FOR OWL’S WOODS DEVELOPMENT, LLC”, dated December 11, 1998 by Callemny-Parker, Inc., which plat is recorded in Plat Book 82, at Page 104 of the Orange County Registry. LESS AND EXCEPT that certain tract or parcel of land known as LOT C-1 according to final plat titled “RECOMBINATION SURVEY FOR OWL’S WOODS DEVELOPMENT, LLC”, dated Sept. 4, 2009, by Summit Consulting-Engineering, Architecture and Surveying, PLLC, which plat is recorded in Plat Book 106, at Page 28 of the Orange County Registry. Section 6. All provisions of any town ordinance in conflict with this ordinance are repealed. Section 7. This ordinance shall become effective upon adoption. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Planning/Public Space Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Stephanie Trueblood, Public Space Manager Shannan Campbell, Planning & Econ. Dev. Manager ITEM TO BE CONSIDERED Subject: Petition to relocate/remove a public bench at 122 S. Churton Street Attachments: Petition letter document Brief summary: A handful of downtown business owners have requested that a bench near 122 S. Churton Street be removed. Action requested: Remove the bench, Remove the bench with conditions, deny removal of the bench. ISSUE OVERVIEW Background information and issue summary: In recent months Hillsborough has seen an increased number of transient persons downtown. When staff learns of a new member of the transient population staff coordinates with partners at OC Housing & Community Development and OC Street Outreach, Harm Reduction and Deflection Program (SOHRAD) representatives so that they can get them connected with local resources for food, shelter, and healthcare. Some downtown business owners have had negative experiences with members of the transient population in the past. Financial impacts: None. Staff recommendation and comments: The bench is not bolted down and can be easily relocated if staff is directed by the town board to do so. Staff is unsure that relocating the bench will solve the problem that the business community is facing in navigating the presence of transient persons in the community. Removal of the bench will take away the pedestrian amenity of a resting option from the general public in this area. For clerk’s use AGENDA ITEM: 5.D Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 2 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Administration Public hearing: Yes Date of public hearing: May 23, 2022 PRESENTER/INFORMATION CONTACT Emily Bradford, Budget Director ITEM TO BE CONSIDERED Subject: FY2022-23 Annual Budget and Financial Plan Attachments: 1.FY2022-23 Budget Ordinance 2.Capital Project Ordinances and Ordinance Amendments (per FY23 budget) 3.Fees & Charges Schedule 4.Financial Summary – General Fund 5.Financial Summary – Water & Sewer Fund 6.Financial Summary – Stormwater Fund 7.Crosswalk: Recommended to Adopted 8.Water & Sewer Fund Rates: Key Points for FY23 Budget 9.Water & Sewer Fund: Financial & Rate Information (FY22) Brief summary: The budget has been updated to include the items discussed at the budget workshop on May 23. The budget has been further updated to reflect updated cost estimates and other adjustments as needed. Changes of note are attached. To assist the board with final review of the Water and Sewer Fund’s FY23 budget, two documents have been included in the packet (Key Points and Financial & Rate Information). These provide background and insight into the various considerations that drive the recommended Water & Sewer budget as well as the rates needed to support the operations. Action requested: Adopt the FY2022-23 budget. ISSUE OVERVIEW Background information and issue summary: The budget was presented on May 9, with the public hearing and budget workshop held on May 23. Financial impacts: As indicated in the financial summaries and budget changes attachments. For clerk’s use AGENDA ITEM: 5.E Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 2 of 2 Staff recommendation and comments: Adopt the FY2022-23 budget. BUDGET ORDINANCE                                FISCAL YEAR 2022‐23 BUDGET ORDINANCE  TOWN OF HILLSBOROUGH          Be it ordained by the Board of Commissioners of  the Town of Hillsborough, North Carolina:    SECTION I. GENERAL FUND:  It is estimated that the following revenues will be  available in the General Fund for the fiscal year  beginning July 1, 2022 and ending June 30, 2023:    Current & Prior Year Property Taxes    $ 9,093,700  Local Option Sales Tax                            2,474,060  Licenses, Permits and Fees         136,000   Intergovernmental Revenue                   1,345,500  Other                         115,966  Investment Earnings                            1,000  Transfers                      0  Debt Issuance Proceeds                    0  Fund Balance Appropriation                      725,637                $ 13,891,863    The following amounts are hereby appropriated in  the General Fund for the operation of the Town  Government and its activities for the fiscal year  beginning July 1, 2022 and ending June 30, 2023 in  accordance with the Chart of Accounts heretofore  established for the Town of Hillsborough:    Governing Body             $     159,935   Administration         875,622   Accounting        368,685   Planning         1,315,886  Public Space          1,206,076  Facility Management         371,227  Safety & Risk Management             101,548  Information Services         452,645  Police    4,089,281  Fire Protection        1,678,286  Fleet Maintenance         459,840  Streets              1,132,916  Solid Waste                 769,914  Cemetery                    5,350   Special Appropriations                     604,652  Contingency                         300,000                     $13,891,863    SECTION II. WATER & SEWER FUND:  It is estimated that the following revenues will be  available in the Water and Sewer Fund for the fiscal  year beginning July 1, 2022 and ending June 30, 2023:     Licenses, Permits, and Fees              $11,028,500               Other                               10,000  Investment Earnings                      0   Transfers                                      0   Retained Earnings Appropriated      460,666                                                                        $11,499,166    The following amounts are hereby appropriated in  the Water and Sewer Fund for the operation of the  water and sewer utilities for the fiscal year beginning  July 1, 2022, and ending June 30, 2023 in accordance  with the Chart of Accounts heretofore established  for the Town of Hillsborough:     Administration of Enterprise                $  2,682,500   Utilities Administration                                 579,065   Billing & Collections                                     849,105   Water Treatment Plant                  1,210,072   West Fork Eno Reservoir                     892,400   Water Distribution                                  1,350,832   Wastewater Collection                  1,195,894   Wastewater Treatment Plant                   2,339,298   Contingency                                 400,000                     $11,499,166    SECTION III. STORMWATER FUND:  It is estimated that the following revenues will be  available in the Stormwater Fund for the fiscal year  beginning July 1, 2022 and ending June 30, 2023:     Licenses, Permits, and Fees              $      697,535   Retained Earnings Appropriated        70,248                                                                  $      767,783    The following amounts are hereby appropriated in  the Stormwater Fund for the operation of the  stormwater utilities for the fiscal year beginning July  1, 2022, and ending June 30, 2023 in accordance with  the Chart of Accounts heretofore established for the  Town of Hillsborough:     Stormwater                               $      767,783                     $      767,783    SECTION IV. SPECIAL ASSESSMENT DISTRICT:  Revenues totaling $604,050 are hereby approved for  the following line‐items:      Special Assessment Taxes Collected    $     604,050              $     604,050    A total of $604,050 is hereby authorized to be  expended from Special Assessment District:    Payments ‐ Regions Bank                        $    604,050               $    604,050          SECTION V. TAX RATE:   There is hereby levied a tax of $0.587 per one  hundred dollars ($100) valuation of property as  listed for taxes as of January 1, 2022, for the purpose  of raising the revenue listed as “Property Taxes” in  the General Fund in Section I of the ordinance.    This tax rate is based on an estimated total valuation  of real and personal property (excluding motor  vehicles) for the purposes of taxation of  $1,441,894,000 and an estimated rate of collection  of 97.00% and an estimated total valuation of motor  vehicles of $91,050,000 and an estimated rate of  collection of 97.00%.    SECTION VI. FEES, RATES AND CHARGES:  There is hereby maintained a Fees, Rates and  Charges Schedule for the purpose of raising revenue  listed in the General Fund, Water & Sewer Fund, and  Stormwater Fund, Sections I, II & III of this ordinance.      See the Fees, Rates and Charges Schedule for a  detailed listing.    SECTION VII. RECYCLING:   Orange County is hereby authorized to collect and  administer a fee established for the purpose of  providing recycling services within the Town limits.    SECTION VIII. BUDGET ORDINANCE:   Copies of this Budget Ordinance shall be filed with   the finance officer, budget officer and the clerk of  the governing board of this town.    Adopted this 13th day of June, 2022.    NORTH CAROLINA  ORANGE COUNTY    I, Sarah Kimrey, Town Clerk, hereby certify that the  foregoing is a true and accurate copy of the 2022‐23  Budget Ordinance which will be recorded in the  Town of Hillsborough Minute Book.                      IN WITNESS WHEREOF, I have hereunto set my hand  and have caused the official corporate seal of said  Town to be affixed, this the 13th day of June, 2022.      ___________________________  Jenn Weaver, Mayor        ___________________________  Sarah Kimrey, Town Clerk      TOWN OF HILLSBOROUGH  CAPITAL PROJECT ORDINANCE  SOUTH CHURTON STREET IMPROVEMENTS      BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of  Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby  adopted:    Section 1: This ordinance is a capital project ordinance authorizing the South Churton Street  Improvements.   Section 2: The officers of this government unit are hereby directed to proceed with this capital  project ordinance within the terms of the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   South Churton Street Improvements     $  50,000  TOTAL         $  50,000    Section 4: The following amounts are appropriated for this project:   South Churton Street Improvements     $  50,000   TOTAL         $  50,000    Section 5: This ordinance shall be amended in any manner to add additional appropriations,  modify or eliminate existing capital projects, and/or add new capital project, so long as  it continues to fulfill the requirements of G.S. 159‐13.2 and other applicable laws.    Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.      Adopted this 13th day of June, 2022.             Jenn Weaver, Mayor    Attest:              Sarah Kimrey, Town Clerk  TOWN OF HILLSBOROUGH  CAPITAL PROJECT ORDINANCE  GREENWAY SOUTH SYSTEM      BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of  Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby  adopted:    Section 1: This ordinance is a capital project ordinance authorizing the Greenway South System.   Section 2: The officers of this government unit are hereby directed to proceed with this capital  project ordinance within the terms of the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   Greenway South System      $  150,000  TOTAL         $  150,000    Section 4: The following amounts are appropriated for this project:   Greenway South System      $  150,000   TOTAL         $  150,000    Section 5: This ordinance shall be amended in any manner to add additional appropriations,  modify or eliminate existing capital projects, and/or add new capital project, so long as  it continues to fulfill the requirements of G.S. 159‐13.2 and other applicable laws.    Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.      Adopted this 13th day of June, 2022.             Jenn Weaver, Mayor    Attest:              Sarah Kimrey, Town Clerk  TOWN OF HILLSBOROUGH  CAPITAL PROJECT ORDINANCE  CATES CREEK SKATE PARK      BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of  Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby  adopted:    Section 1: This ordinance is a capital project ordinance authorizing the Cates Creek Skate Park.   Section 2: The officers of this government unit are hereby directed to proceed with this capital  project ordinance within the terms of the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   Cates Creek Skate Park       $  20,000  TOTAL         $  20,000    Section 4: The following amounts are appropriated for this project:   Cates Creek Skate Park       $  20,000   TOTAL         $  20,000    Section 5: This ordinance shall be amended in any manner to add additional appropriations,  modify or eliminate existing capital projects, and/or add new capital project, so long as  it continues to fulfill the requirements of G.S. 159‐13.2 and other applicable laws.    Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.      Adopted this 13th day of June, 2022.             Jenn Weaver, Mayor    Attest:              Sarah Kimrey, Town Clerk  ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Capital Project Amendment NC-86 Facility Renovation The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget NC-86 Facility Renovation $2,225,982 $100,000 $2,325,982 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget NC-86 Facility Renovation $2,225,982 $100,000 $2,325,982 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Capital Project Amendment Connectivity The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget Connectivity $72,500 $20,000 $92,500 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget Connectivity $72,500 $20,000 $92,500 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this 13th day of June in 2022. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk TOWN OF HILLSBOROUGH CAPITAL PROJECT ORDINANCE ENO RIVER INTERCEPTORS BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1: This ordinance is a capital project ordinance authorizing the Eno River Interceptors. Section 2: The officers of this government unit are hereby directed to proceed with this capital project ordinance within the terms of the budget contained herein. Section 3: The following revenues are anticipated to be available to complete this project: Eno River Interceptors $ 750,000 TOTAL $ 750,000 Section 4: The following amounts are appropriated for this project: Eno River Interceptors $ 750,000 TOTAL $ 750,000 Section 5: This ordinance shall be amended in any manner to add additional appropriations, modify or eliminate existing capital projects, and/or add new capital project, so long as it continues to fulfill the requirements of G.S. 159-13.2 and other applicable laws. Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance Officer to be kept on file by them for their direction in carrying out this project. Adopted this 13th day of June, 2022. Jenn Weaver, Mayor Attest: Sarah Kimrey, Town Clerk TOWN OF HILLSBOROUGH CAPITAL PROJECT ORDINANCE OWASA BOOSTER PUMP STATION BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1: This ordinance is a capital project ordinance authorizing the OWASA Booster Pump Station. Section 2: The officers of this government unit are hereby directed to proceed with this capital project ordinance within the terms of the budget contained herein. Section 3: The following revenues are anticipated to be available to complete this project: OWASA Booster Pump Station $ 90,000 TOTAL $ 90,000 Section 4: The following amounts are appropriated for this project: OWASA Booster Pump Station $ 90,000 TOTAL $ 90,000 Section 5: This ordinance shall be amended in any manner to add additional appropriations, modify or eliminate existing capital projects, and/or add new capital project, so long as it continues to fulfill the requirements of G.S. 159-13.2 and other applicable laws. Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance Officer to be kept on file by them for their direction in carrying out this project. Adopted this 13th day of June, 2022. Jenn Weaver, Mayor Attest: Sarah Kimrey, Town Clerk TOWN OF HILLSBOROUGH CAPITAL PROJECT ORDINANCE US-70 BUSINESS WATER MAIN IMPROVEMENTS BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby adopted: Section 1: This ordinance is a capital project ordinance authorizing the US-70 Business Water Main Improvements. Section 2: The officers of this government unit are hereby directed to proceed with this capital project ordinance within the terms of the budget contained herein. Section 3: The following revenues are anticipated to be available to complete this project: US-70 Business Water Main Improvements $ 30,000 TOTAL $ 30,000 Section 4: The following amounts are appropriated for this project: US-70 Business Water Main Improvements $ 30,000 TOTAL $ 30,000 Section 5: This ordinance shall be amended in any manner to add additional appropriations, modify or eliminate existing capital projects, and/or add new capital project, so long as it continues to fulfill the requirements of G.S. 159-13.2 and other applicable laws. Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance Officer to be kept on file by them for their direction in carrying out this project. Adopted this 13th day of June, 2022. Jenn Weaver, Mayor Attest: Sarah Kimrey, Town Clerk TOWN OF HILLSBOROUGH CAPITAL PROJECT ORDINANCE - AMENDMENT RIVER PUMP STATION BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1: Revenues anticipated to be available to the town to complete the project are hereby amended as follows: Current Budget +/- Amended Budget River Pump Station $433,800 $3,015,000 $3,448,800 Section 2: Amounts appropriated for the capital project are hereby amended as follows: Current Budget +/- Amended Budget River Pump Station $433,800 $3,015,000 $3,448,800 Section 3: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance Officer to be kept on file by them for their direction in carrying out this project. Adopted this 13th day of June, 2022. Jenn Weaver, Mayor Attest: Sarah Kimrey, Town Clerk TOWN OF HILLSBOROUGH  CAPITAL PROJECT ORDINANCE ‐ AMENDMENT  GOVERNOR BURKE RD WATER MAIN REPLACEMENT      BE IT ORDAINED by the Town of Hillsborough Board of Commissioners that, pursuant to Section 13.2 of  Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby  amended:    Section 1: Revenues anticipated to be available to the town to complete the project are hereby  amended as follows:   Current  Budget    +/‐  Amended  Budget    Governor Burke Rd Water Main  Replacement    $30,000    $200,000    $230,000              Section 2: Amounts appropriated for the capital project are hereby amended as follows:   Current  Budget    +/‐  Amended  Budget    Governor Burke Rd Water Main  Replacement    $30,000    $200,000    $230,000              Section 3: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.      Adopted this 13th day of June, 2022.             Jenn Weaver, Mayor    Attest:              Sarah Kimrey, Town Clerk  ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Capital Project Amendment Fire Station The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget Fire Station $75,000 $150,000 $225,000 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget Fire Station $75,000 $150,000 $225,000 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this _________ day of __________ in 20 __________. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk ORDINANCE NUMBER: XXXXXXXX-X.X ORDINANCE Capital Project Amendment Fiber Loop The Hillsborough Board of Commissioners ordains that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following capital project ordinance is hereby amended: Section 1. Revenues anticipated to be available to the town to complete the project are hereby amended as follows. Current Budget +/- Amended Budget Fiber Loop $300,000 $50,000 $350,000 Section 2. Amounts appropriated for the capital project are hereby amended as follows. Current Budget +/- Amended Budget Fiber Loop $300,000 $50,000 $350,000 Section 3. Copies of this ordinance should be furnished to the clerk, budget officer and finance officer to be kept on file by them for their direction in carrying out this project. The foregoing ordinance having been submitted to a vote, received the following vote and was duly adopted this _________ day of __________ in 20 __________. Ayes: Noes: Absent or excused: Sarah E. Kimrey, Town Clerk TOWN OF HILLSBOROUGH  GRANT PROJECT ORDINANCE  AMERICAN RESCUE PLAN – CLARIFIER COATINGS    BE IT ORDAINED by the Board of Commissioners of the Town of Hillsborough, North Carolina, that,  pursuant to N.C.G.S. 159‐13.2, the following grant project ordinance is hereby adopted:    Section 1: The project authorized by this ordinance is to re‐coat the clarifiers at the wastewater  treatment plant.  Section 2: The officers of this governmental unit are hereby directed to proceed with this grant  project within the guidelines set by the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   American Rescue Plan    $190,000   TOTAL      $190,000    Section 4: The following amounts are available for expenditure for the project:   Clarifier Coatings    $190,000   TOTAL      $190,000    Section 5: This ordinance shall be amended in any manner so long as it continues to fulfill the  requirements of G.S. 159‐13.2 and other applicable laws.  Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.    Adopted this 13th day of June, 2022.      Jenn Weaver, Mayor    Attest:      Sarah Kimrey, Town Clerk    TOWN OF HILLSBOROUGH  GRANT PROJECT ORDINANCE  AMERICAN RESCUE PLAN – GALVANIZED WATER MAIN REPLACEMENT    BE IT ORDAINED by the Board of Commissioners of the Town of Hillsborough, North Carolina, that,  pursuant to N.C.G.S. 159‐13.2, the following grant project ordinance is hereby adopted:    Section 1: The project authorized by this ordinance is to replace and upsize galvanized water  mains.  Section 2: The officers of this governmental unit are hereby directed to proceed with this grant  project within the guidelines set by the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   American Rescue Plan    $60,000   TOTAL      $60,000    Section 4: The following amounts are available for expenditure for the project:   Galvanized Water Main Replacement  $60,000   TOTAL      $60,000    Section 5: This ordinance shall be amended in any manner so long as it continues to fulfill the  requirements of G.S. 159‐13.2 and other applicable laws.  Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.    Adopted this 13th day of June, 2022.      Jenn Weaver, Mayor    Attest:      Sarah Kimrey, Town Clerk    TOWN OF HILLSBOROUGH  GRANT PROJECT ORDINANCE  AMERICAN RESCUE PLAN – LAWNDALE BASIN REHABILITATION    BE IT ORDAINED by the Board of Commissioners of the Town of Hillsborough, North Carolina, that,  pursuant to N.C.G.S. 159‐13.2, the following grant project ordinance is hereby adopted:    Section 1: The project authorized by this ordinance is to rehabilitate the Lawndale sewer basin.  Section 2: The officers of this governmental unit are hereby directed to proceed with this grant  project within the guidelines set by the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   American Rescue Plan    $935,000   TOTAL      $935,000    Section 4: The following amounts are available for expenditure for the project:   Lawndale Basin Rehabilitation    $935,000   TOTAL      $935,000    Section 5: This ordinance shall be amended in any manner so long as it continues to fulfill the  requirements of G.S. 159‐13.2 and other applicable laws.  Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.    Adopted this 13th day of June, 2022.      Jenn Weaver, Mayor    Attest:      Sarah Kimrey, Town Clerk    TOWN OF HILLSBOROUGH  GRANT PROJECT ORDINANCE  AMERICAN RESCUE PLAN – HYDRANT AND VALVE PROJECT    BE IT ORDAINED by the Board of Commissioners of the Town of Hillsborough, North Carolina, that,  pursuant to N.C.G.S. 159‐13.2, the following grant project ordinance is hereby adopted:    Section 1: The project authorized by this ordinance is to replace fire hydrants.  Section 2: The officers of this governmental unit are hereby directed to proceed with this grant  project within the guidelines set by the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   American Rescue Plan    $200,000   TOTAL      $200,000    Section 4: The following amounts are available for expenditure for the project:   Hydrant and Valve Project    $200,000   TOTAL      $200,000    Section 5: This ordinance shall be amended in any manner so long as it continues to fulfill the  requirements of G.S. 159‐13.2 and other applicable laws.  Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.    Adopted this 13th day of June, 2022.      Jenn Weaver, Mayor    Attest:      Sarah Kimrey, Town Clerk    TOWN OF HILLSBOROUGH  GRANT PROJECT ORDINANCE  AMERICAN RESCUE PLAN – MCADAMS ROAD WATER MAIN REPLACEMENT    BE IT ORDAINED by the Board of Commissioners of the Town of Hillsborough, North Carolina, that,  pursuant to N.C.G.S. 159‐13.2, the following grant project ordinance is hereby adopted:    Section 1: The project authorized by this ordinance is to replace the water main along McAdams  Road.  Section 2: The officers of this governmental unit are hereby directed to proceed with this grant  project within the guidelines set by the budget contained herein.  Section 3: The following revenues are anticipated to be available to complete this project:   American Rescue Plan    $350,000   TOTAL      $350,000    Section 4: The following amounts are available for expenditure for the project:   McAdams Road Water Main Replacement $350,000   TOTAL      $350,000    Section 5: This ordinance shall be amended in any manner so long as it continues to fulfill the  requirements of G.S. 159‐13.2 and other applicable laws.  Section 6: Copies of this ordinance should be furnished to the Clerk, Budget Officer and Finance  Officer to be kept on file by them for their direction in carrying out this project.    Adopted this 13th day of June, 2022.      Jenn Weaver, Mayor    Attest:      Sarah Kimrey, Town Clerk    Water & Sewer Rates – Key Points for FY23 Budget • Some of the capital projects included in the FY23 Recommended Budget are funded through grants and ARPA, but we won’t have clarity on grant status until later this summer. For example, the budget assumes that we’ll be receiving a BRIC grant for River Pump Station and not one for the OWASA booster pump station. • We do not have final, audited FY21 figures. The rate increases projected last fiscal year for FY23 were 4.5% and 3%. The recommended budget this year includes rate increase of 4.5% and 2%. In the absence of audited figures, we’re essentially continuing what we had projected last year. • We were unable to calculate key financial metrics/revenue covenant this year due to the lack of an audit. We will need to revisit the budget after the audit is complete and recommend budget adjustments. The only thing that the board cannot change after the budget has been adopted is the tax rate. • Despite rate increases, we are still projecting deficits in all three years (FY23 – FY25). • We’re planning to make significant use of system development fees in the upcoming years. • The recommended budget decreases the monthly minimum for water and sewer, which results in a net decrease in price for those using the minimum, despite the rate increase. 1 Water & Sewer Fund Budget Financial & Rate Information To Assist the Board with FY22 Budget Deliberations The purpose of this document is to provide additional information to the board to assist in final review of the FY22-24 Budget and Financial Plan for the Water & Sewer Fund. • As a reminder, the town manager recommends engaging consultants with experience in water and sewer to help build a capital financing plan in FY22. Facing so many expensive capital and operational challenges makes it important to determine how best to plan and pay for these needs. Utilizing the services of experts who regularly work with water and sewer systems and understand the available infrastructure funding programs should help avoid missed opportunities and mistakes and make the best use of the town’s available resources. Therefore, many of the more costly capital expenses included in the proposed FY22-24 plan will be on “pause” until the capital financing plan is completed. It’s important to note that this “pause” cannot be too long as the as the collection system modeling shows an existing concern today with surcharging during wet weather! Thus, of work must begin as soon as possible on the high priority projects, especially before the addition of several committed projects start development. Delaying too long puts the town at risk for sanitary sewer overflows during wet weather events. • The town follows industry standard metrics as a guide in making finance decisions, such as budget development and rate setting. These are also used by the LGC, bond rating agencies, and bond buyers when considering approving a unit’s application to issue or purchase their debt. These metrics are usually shared annually with the town board and Water and Sewer Advisory Committee to monitor where we stand. While the town is strong in most of these areas, there are clear weaknesses in some and room from improvement in most. Examples of industry standard metrics to evaluate water and sewer system are listed below. Additional information on these metrics is found later in this document. o Operating revenues over operating expenses o Debt service coverage ratio o Quick ratio (liquidity) o Days of cash on hand o Operating ratio that includes depreciation o Debt to equity ratio o Asset depreciation o Receivables ratio o Cashflow from operating activities o Avg. annual capital outlays relative to assets o Avg. annual capital outlays relative to operating revenues • Surpluses can be easily depleted by future needs, especially those related to capital, maintenance, and depreciation. The town needs to spend about $20 million over the next few years on major capital projects, plus fund a backlog of deferred maintenance projects, and there are other high priority needs are not included for funding in the FY22-24 plan that need to be addressed. There are more needs that will occur beyond this three-year window. Whatever surpluses the fund has are not nearly sufficient to cover those costs. The additional operating revenues needed to cover these future debt payments will be substantial. • Relying on savings, one-time or non-recurring revenue sources such as System Development Fees or grants to help cover operating expenses is dangerous or poor fiscal management. This must be avoided and only done for short periods of time such as an emergency. Using one-time revenues like grants and System Development Fees should be used to pay for capital projects. Using these sources to pay cash for capital projects avoids/reducing debt payments and provides relief to the overall budget by reducing annual expenses. Thereby, this also relieves pressure on rates. 2 • The town has recently had outside financial experts review our fiscal management and condition as part of the Series 2018 and 2020 Revenue Bonds. This was done through the Local Government Commission that is a division of State Treasurer’s Office, Davenport & Company, Willdan Financial Services, as well as the bond rating process in 2018. Willdan also reviewed the town’s budget and financial condition again in 2019. As mentioned earlier, we will be going through another similar and intensive round of review over the next year to develop a financial capital plan to address the significant water and wastewater collection system needs identified by the utilities director. Financial Benchmarks Each year the UNC School of Government and Environmental Finance Center publish dashboards for each local government water and sewer system in North Carolina. The information below was published early in 2021 but comes from each unit’s June 30, 2020 (FY20) Comprehensive Annual Financial Report. The water and sewer fund is doing well, but there are a few areas of weakness, such as the frequently mentioned fact that we are underfunding depreciation (i.e., not spending enough to maintain and replace system assets), the debt level is high, receivables needs improvement, and our operating ratio including depreciation is into the “green” area, but not too far. It’s important to note that a freeze was put on many expenses in the last half of FY20 and FY21, such as delaying capital spending, not filling vacant positions or new ones that were approved in the budget. Therefore, this will make many metrics look more favorable than they are. Expense levels and surpluses will likely also look artificially positive in the FY20 and upcoming FY21 reports. So, it’s important to take this information “with a grain of salt.” While the table below lists water, the financial metrics represent the entire water and sewer fund. 3 Hillsborough’s FY20 operating ratio was 1.34 (including depreciation) and is solid. Very healthy systems exceed 2.0. Only 51% of North Carolina systems meet the break-even threshold of 1.0 when depreciation is included. Even more concerning is that only 19% of systems in N.C. have an operating ratio of above 1.2 when deprecation is taken into consideration. Thus, an alarming number of North Carolina water/sewer systems are in distress. Debt service coverage ratio is 2.2. Bond rating agency Fitch classified coverage ratio into three categories: • Stronger: 2.5X or greater • Mid-range: 2.0X • Weaker: 1.5X Hillsborough is rated as a mid-range AA-rated unit. That means we didn’t just barely get into the AA rating, nor are we just one step away from AAA. Thus, being at or above 2.0 for total debt service coverage ratio is where we should be. Again, remember that many expenses were frozen in FY20 and FY21 that may be making this number look better than it really is. The table below show projected coverage ratios for the FY22-24 period. Keep in mind there are still significant unfunded needs that will put further pressure on the budget and the fund’s financial metric. Debt Service Coverage Total Debt FY21 Estimate FY22 FY23 FY24 Ratio 2.55 1.67 1.96 2.02 Days of Cash on Hand (at 660). This is also in line with where we should be as a mid-grade AA rated unit. While this may seem high, with the needle pegged at the end on the dashboard below, here is some info from Fitch regarding median levels of reserves: • AAA rated – 692 days • AA rated – 572 • A rated – 311 A rated is not considered that strong. As a mid-level AA, we should be about half-way between AA and AAA. Leaning closer to the AAA level we appear to be above average for our rating, which is where we want to be. Ideally, we’d be a high AA. Again, our numbers may also appear artificially high due to the spending freezes and we know we’ll likely be spending significant cash from System Development Fees, possibly some savings, and other sources to address the significant capital and maintenance needs identified by the utilities director. More outside guidance on why reserves are important. https://www.raftelis.com/insight/cash-reserves-can-help-utility/ Proposed Rate Increase Connection with Benchmarks The fund appears to be in line with where it should be in areas like operating and debt coverage ratios, days of cash on hand, but clearly behind in depreciation (amount of money spent on asset maintenance), and there are clearly significant unfunded needs not taken into account in these future calculations. This supports the recommendation to increase revenues via a rate increase. Again, part of the financial plan will likely include spending large amounts from the capital reserve funds. Bond rating agencies and prospective bond buyers look at a key factor called “governance” which relates to the unit’s and governing board’s willingness to manage their finances and follow through on financial plans - this includes raising rates. The financial plan submitted for the Series 2018 Revenue Bonds projected the town would raise rates five percent per year for three years. The first-year increase was higher than this (at 9.25% for water and 7.5% for sewer), as recommended by the WSAC and adopted by the town board. The second-year increases were slightly less at 5%. There was no third year increase due to COVID-19. Thus, the town is still short of following through on what it planned to do to fund the Series 2018 and 2020 bonds. While pausing the year three increases will likely be understandable, it’s 4 important we follow through in a way that can be justified when questioned about these decisions moving forward, especially since the town will likely be pursuing revenue bond issuances soon. Out-of-town rates • Out-of-town rates are very high. A strategy should be developed regarding how to address the issue. • It’s complicated as there are several competing factors that must be considered. o Many developers and subsequently the citizens living in these developments over the years chose to not request annexation to avoid paying taxes. Other developments are adjacent and considered part of town but not in the town limits. Many of these residents live far closer to the core of town than many in-town residents, thus use and benefit from municipal services like roads, parks, and police protection without having to pay property taxes. There are other town services they indirectly benefit from as well. Charging high rates to out-of-town customers has been cited over the years as a way to recoup some of those costs incurred by town. Additionally, approximately 50% of our infrastructure is in out of town areas, causing more travel by staff, more pumping stations to get water out to them and wastewater back to our treatment plant. Annexation in some of these cases is a way to address this inequity. Residents then benefit from lower water and sewer rates, also no longer pay the fire district tax, may receive town solid waste collection services if in a single- family residence, possibly street, stormwater, and streetlight maintenance. Several analyses have been done that showed that in the past some neighborhoods would see their overall costs reduced, such as Wildwood. Other neighborhoods that have very high home values, such as Churton Grove was found to be far less expensive to remain outside the town limits. Town staff occasionally has discussions with neighborhoods that approach the town interested in getting annexed to gain municipal services and lower water/sewer rates, but no area has yet to request annexation. The change in annexation statutes makes this more difficult now as it requires a major vote of the residents. Having developments that already have sewer and already adjacent to the town limits annexed into town would address the high out-of-town rate issues for a significant number of residents, such as Wildwood, The Heritage Apartments, Cedar Creek Condos, and others. o Many out-of-town customers are “water only.” Thus, they are not having to pay for the more expensive sewer cost. While still expensive, this does limit the cost burden compared to out-of-town residents that have both services. o Options for future rate increases: consider lower rate increases for out-of-town customers. One reason for considering these options is the cost impact when rates increase is almost twice that of in-town customers. And, the amounts of those bills are already extremely high for out of town customers.  Hypothetically, if in-town rates increased 4.0% in a year, the out-of-town rate could be set at 2.0%. This means the cost impact would be roughly the same in dollars as in-town residents.  Another related option would be to consider not raising out-of-town rates for a year or period and only raising the in-town rates if/when additional revenue is needed.  Either of the two options above or a combination over time would have the effect of lowering the out-of-town multiplier from the current 195% (or almost double over in-town rates) and mitigating future financial impacts on the out of town customers. Rate setting and structure is a major policy decision for all governing boards, as well as the Water & Sewer Advisory Committee. This can become a complicated and time-consuming debate or small simple changes can easily be made to make improvements in this area. 5 Minimum Usage The town board has received emails from customers over the past two weeks regarding concerns about the town’s minimum usage. More specifically, those customers often use less than the minimum charge for 2,500 gallons and object to paying for water or sewer service they do not use. Water & sewer utilities charge either using a base rate or volumetric approach. The base charge approach means customers get charged a flat amount each month for those fixed costs that still must be paid for even if the customer doesn’t use any water or sewer. This includes costs for making the water and sewer service available, such as debt payments on the treatment plants or other system improvements. The calculations are complex and are usually generated after an analysis by consultants with expertise in this area. Thus, the customer is charged the base rate plus the actual water/sewer they used. Overall, this is the most equitable way to charge for water and sewer. This is the approach the City of Durham and OWASA use. The volumetric approach is where a unit sets a minimum usage instead of a base rate to capture these fixed costs that all customers need to help pay for. Of course, the level of the base rate is important since it can result in certain usage groups being over or undercharged. For instance, if the minimum charge was 500 gallons per month, then customers using small amounts of water would not be paying their fair share. If the base rate was 5,000 gallons per month the opposite would be true and low volume users would be subsidizing higher volume users. Using the analogy of paying for a car, just because one doesn’t drive the car much, they still pay the same price for its purchase, tags, title, registration, insurance, and maintenance. One still needs gas or electricity, yet this amount may vary with how much the car is used. This is like our rates - everybody pays for the production, conveyance and treatment of water, an essential need. The water and sewer fund still needs employees to operate the systems, equipment, and vehicles. There are regulatory requirements to meet and maintenance needs regardless if one gallon of water or 580 million gallons is produced per year. In North Carolina 54% of water systems use the same approach as Hillsborough, the other 46% use Durham and OWASA’s approach, so the approaches are split about evenly. Each approach has pros and cons. Hillsborough’s minimum usage was 3,000 per month. A four-year process recommended by the Town’s Water & Sewer Advisory Committee to lower it to 2,500 was completed in 2016. The most typical minimum monthly usage amounts by utility systems are 2,000 and 3,000 per month, thus Hillsborough’s is in the middle. There’s more detail at the town’s website at this link: https://assets.hillsboroughnc.gov/media/documents/public/understanding-the-minimum-usage-charge.pdf If the board and/or WSAC is interested in considering a further change to the current minimum rate there are several options. Lowering the minimum rate significantly (such as decreasing it another 500 gallons, as was completed a few years ago) or making the bigger transition to a base charge has significant financial implications in terms of lost revenue. Thus, before making a major change the town board would want to ask the Water & Sewer Advisory Committee to look further into this matter and generate options. The town would likely need to hire a consultant to assist with this task, especially if changing to a base rate is considered. A less expensive, simpler, and possibly more expedient option would be to consider lowering the minimum rate by 100 gallons per year until reaching the 2,000 gallon per month level, which is the most common standard amongst municipalities using the volumetric approach. This is essentially how the change was made several years ago. Dropping it by only 100 gallons per year limits financial impact on the fund, makes it easier for staff to project revenues, and avoids having to pay consultants to do an expensive analysis. If the minimum was dropped to 2,400 gallons for FY22, it would take four years to reach the 2,000-gallon level. There are other variants that could be considered such as drop in by 125 gallons per year takes another year off the implementation time. Or, do as was done in the last minimum rate adjustment: drop it 200 gallons the first year, then 100 each year until the new level is met. Even if action was taken today to lower the minimum monthly charge there will still be complaints wanting the rate to go even lower. There is also the challenge of making 16,000+ people on the water system aware of fixed costs, plus new customers connect each year, and the perception of paying for water that’s not used regardless of what the minimum rate level is. 6 As mentioned earlier, the base rate is the most equitable approach. It is also the easiest to explain to customers, thereby reducing frustration, and time wasted continually having the same debates every few years. The biggest downside and primary reason so many systems choose not to use the base rate is that it’s the most expensive to implement due to the analyses involved. Not only does an analysis have to be performed the first time to make the change, it must be updated every on a frequent basis (likely every three to five years) to ensure it accurately reflects the costs of making water and sewer service available to each connection point, even if the customer does not use any water. The ongoing expense and management of the base rate is the reason over half of systems choose to go with a minimum usage approach. Next Steps While several options are identified above, they do not indicate a preference nor recommendations by town staff. These are simply options to help facilitate deliberations and assist in the review of these topics. As with many other billing issues, there is not a right or wrong practice as each policy affects customers differently. As discussed above, each practice has its positive and negative points. This is reflected in the wide variety of ways systems charge for water and sewer service across the country. As this is a major policy issue, receiving guidance, options, or recommendations from the Water & Sewer Advisory Committee on this topic would be helpful – their next meeting is not until August. Due to the challenges of COVID and the timing of this year’s budget, the WSAC has not yet had a chance to weigh in on these issues. The WSAC spent about one year prior to COVID taking an intense look at a wide array of billing options, as well as their financial implications on the fund. Thus, they were likely planning to take this issue up once in person meetings resume. As a reminder, the WSAC had multiple meetings with staff from the UNC Environmental Finance Center and looking at rate models to explore various approaches to billing. Dr. Martin Doyle, Director of the Water Policy Program at Duke University’s Nicholas Institute for Environmental Policy Solutions also offered his assistance to the WSAC in looking at these issues, especially from an equity lens, so that is another resource that’s available to the town on this topic. AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: Administration Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Town Manager Eric Peterson ITEM TO BE CONSIDERED Subject: Hot topics for work session June 27, 2022 Attachments: None. Brief summary: Possible topics include: • Food Council MOU renewal • Report on board-identified topics from February meeting Action requested: Provide direction to staff. ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: N/A Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 5.F Consent agenda Regular agenda Closed session AGENDA ABSTRACT | 1 of 1 Agenda Abstract BOARD OF COMMISSIONERS Meeting date: June 13, 2022 Department: All Public hearing: No Date of public hearing: N/A PRESENTER/INFORMATION CONTACT Department Heads ITEM TO BE CONSIDERED Subject: Departmental Reports Attachments: Monthly departmental reports Brief summary: N/A Action requested: Accept reports ISSUE OVERVIEW Background information and issue summary: N/A Financial impacts: N/A Staff recommendation and comments: N/A For clerk’s use AGENDA ITEM: 6.C Consent agenda Regular agenda Closed session Administrative Services Report May 2022 Budget • FY23 Budget Key Dates: o 6/13 - Consider budget adoption Communications • Branding rollout ― Checked proofs; updated documents; created or assisted with new templates, including templates for Microsoft forms. • Town materials ― Completed June print newsletter; worked on update to social media policy; reviewed updated Treasure Tree walking guide and added branding; updated and printed reopening signage for Town Hall Annex doors; prepared postcard for business owners about the end of the commercial trash franchise agreement. • Website ― Created frequently asked questions page on commercial solid waste collection change; drafted central permits, licenses and tax compliance page. • Utilities outreach ― Continued translation of wastewater collection documents; created water process insert for June utility bill with referral to Understanding the Cost of Water and Sewer Service document; worked on update to rates FAQs page and documents with 2022 study data; completed update to water advisories and notices page (some translation is still to be completed); worked with administrator of community Facebook page to share information. • Other ― Continued contacting neighborhood associations for inclusion of sustainability plan presentation at meetings; prepared several sets of minutes; began planning for academy for the community; provided audio file of noise disturbances for troubleshooting meeting room speaker interference; continued working on final design and printing of street banners; continued delivering employee appreciation gift items as they arrived. Fleet Maintenance • No updates. Human Resources/Town Clerk • Biweekly payrolls • Municode Meetings agenda software implementation – go live August 2022. RECRUITMENT AND SELECTION Position Status Assistant Finance Director Reviewing candidates. Engineering Manager Open until filled. Meter Services Technician Recruitment closes 6/12. Planner Recruitment closed 5/13. Police Officer Continuous recruitment. Utility Maintenance Mechanic Open until filled. Utility Maintenance Technician Open until filled. Administrative Services Report | 2 Information Technology • Successfully completed the first mandatory upgrade on our SwitchVox phone system. The needed upgrades will provide new features and functionality on the phone system once all of the upgrades are completed. • Installed new SAN unit for the Police Department. This SAN unit provides much needed expanded storage space for data and video from squad cars and body cams. • Met with vendors to discuss upgrade options for the microphones in the Board Meeting Room. This upgrade project is in collaboration with Roderick Jones, Facilities Coordinator. • Technical equipment cabinet was installed in the new PD Training Facility. Safety and Risk Management • Inspections ― Completed inspections at Gold Park, Turnip Patch Park, Murray Street Park, Hillsborough Heights Park, and Cates Creek Park and forwarded recommendations (work orders). Forwarded safety inspection results to departments. • Meetings – HR Team Meeting, Division Meetings, Star Gazers (Department of Labor) Meetings and Ergonomics Meeting. • Random drug screens ― On target for 2nd quarter random FMCA drug screens and completed pre-hire drug screens. • Worked on workers comp and property/liability renewals to be submitted in May. • Safety Committee ― Working on completion of incident reviews and working on inspection requirements with Safety Committee members. Establishing IIRRP (Injury Illness Rate Reduction Plan) protocol to track injuries and P&L Claims. • Safety equipment ― Stocked/distributed/ordered safety gear and distributed updated safety wear. • Other ― Coordinated potential rescue at 86 Facility with ORFD, employee training schedule, workers compensation claims, and general duties concerning Highway 86 building renovation and collected fire extinguisher monthly check sheets. Public Works Report: May 2022 Work Orders 13 completed within two days Public Spaces 57 staff hours Cemetery 2 graves marked Stormwater Maintenance 142 staff hours, 754 linear foot Training 1 staff attended Silica Standards ITRE training, 1 staff received Pesticide/Herbicide License Special Events: Last Friday’s – 3 staff hours Asphalt Repairs: 8 utility cuts repaired Banner Prep: 40 staff hours 101 E. Orange St., Hillsborough, NC 27278 919-732-1270 | www.hillsboroughnc.gov | @HillsboroughGov Utilities Department Status Report for June 2022 (covering previous month) PROJECT/CATEGORY STATUS WTP All filters have been repaired and back online. There was a problem with the sodium permanganate pump. It failed and the new one installed air locked a few days later. This caused yellow tinted water in some places around Town. We have it now under control. Manganese has been high in the Eno river the last few weeks. More sodium and and carbon are being fed to help remove it. Also, we are feeding more chlorine on top of the filters to help “burn” it out. This appears to be working. Unfortunately, chemical prices are skyrocketing, and it is a concern for upcoming months. The annual water quality report is being finalized for release by July 1. WWTP The WWTP passed all Whole Effluent Toxicity tests since the failed test. Energy use as the WWTP has decreased the past several years as Jeff and team optimize operations. West Fork of the Eno Reservoir The reservoir is at 44.1 feet. The new Phase 2 normal pool elevation is 53 feet. The releases met or exceeded the minimum required release. Both Lake Orange and Lake Ben Johnson are spilling. A level transducer was replaced. WFER Phase 2 Construction Project Complete. Awaiting guidance from NCDOT on transfer of easements. Water Restrictions None. Lawndale Basin Rehabilitation 90% plans and specifications were received this week. It is expected to fund this project with ARPA money and hopefully begin in early FY23. Funding Opportunities Holding pattern until awards are announced. Development and Town Project Activity Several areas have requested multi-family and single-family homes. River basin cannot support large subdivisions/high density development until downstream improvements are made. Town of Hillsborough | 2 Staffing The Engineering Manager position is being advertised – no solid candidates thus far. Tyler Freeman started as an engineering technician. Looking for a Utility Maintenance Mechanic and a Utility Maintenance Technician. We will also be seeking an on-call Water Treatment Plant Operator position for backup. It will be hard to fill. Water and Sewer Advisory Committee (WSAC) Activities The first quarterly joint meeting with the BOC to discuss rate prioritizations was held in May. New In-Town member Steed Robinson was welcomed. WSAC will be discussing leak adjustments, participating in Last Friday’s and other outreach efforts.